apprehending their Designs he comes to the discontented Princes of France who had raised an Army at Sedan And from thence from the Count of Soissons the Duke of Guise and the rest a Manifesto is published of their taking Arms for the Peace of Europe and expulsion of him who fomented the publick Wars They make Alliance with the Emperour and Cardinal Infanta and joyning Forces with General Lamboy they come to Battel where the Count de Soissons was slain and their Forces overthrown and Richlieu gets more advantage thereby against the House of Austria The close Committee for managing the business against the Earl of Strafford sate very constantly and took great pains in framing the Articles against him and preparing of Witnesses for proof of them for some of which Witnesses there were Messengers sent into Ireland to bring them hither All the Papers Proofs and Examinations in this business were committed to Whitelocke's care and charge being Chairman to the Committee The Committee had often resort to the House of Commons for their direction upon any Point of Difficulty and they were appointed by the House to be the Managers of the Evidence against the Earl and accordingly they divided the work among themselves January 30. Mr. Pym presented to the Lords the particular Articles of the Charge against the Earl of Strafford being 28. The Earl was immediately sent for to the Lords House where he heard the Articles read and they being two hundred sheets of paper and some of the Treasons being of fourteen years standing he desired three Months time to make his Answer which must also of necessity be very long and being unto matters of so high concernment especially to his own life and fortunes This time was opposed by the House of Commons and at length the Lords ordered his Answer to be brought in by the 24th of February next which was done though to the great labour of his Lordship and of Sir Richard Lane and others of his Councel and on that day it was read in the Audience of the King and in the House of Commons the next day after Some Disputes arose between the two Houses touching the Tryal 1. Whether Councel should be allowed for the Earl which the Commons opposed as not allowable in case of high Treason which the Lords said was true as to pleading of Matter of Fact but not in Matters of Law which was at length yielded to 2. Concerning the place of Tryal the Lords desired it might be in their House which the Commons opposed because they intended to manage their Accusation by Members of their own House in the presence of the whole House for which the Lords House would be too little whereupon Westminster-hall was agreed upon 3. The Commons intended to come in the Body of their whole House which the Lords not assenting to they at last yielded to come as a Committee of the whole House But there was a Proposal the Subject of much Discourse to prevent all this trouble and to restore the Earl of Strafford to his former Favour and Honour If the King would prefer some of the Grandees to Offices at Court whereby Strafford's enemies should become his friends and the King's desires be promoted It was that should be made Lord Treasurer the Lord Say Master of the Wards Mr. Pym Chancellor of the Exchequer Mr. Hollis Secretary of State Mr. Hampden Tutor to the Prince others to have other places In order whereunto the Bishop of London resigned up his Treasurers Staff the Lord Cottington his place of Master of the Wards and the rest were easily to be voided But whether upon the King's alteration of his mind or by what other means it came to pass is uncertain These things were not effected and the great Men baffled thereby became the more incensed and violent against the Earl joyning with the Scots Commissionres who were implacable against him The time and place of the Earls Tryal was appointed Westminster-hall prepared for it and never was there or any where else seen a more solemn and majestick Tribunal In the middle of the Theatre below on Forms covered with red cloth sate the Lords in their Parliament Robes their faces upwards at the head of them with his face towards them sate in a Chair the Earl of Arundel for that occasion made Lord High Steward of England and at that Tryal the Speaker of the Peers the Earl of Lindsey was made Lord high Constable of England for that time and had the ordering of the place Scaffolds were erected on either side of the Hall and at the lower end on those Scaffolds sate the Members of the House of Commons uncovered as a Committee of the whole House and many hundreds more of Gentlemen who could get places with them Beyond the Peers towards the upper end was placed a Chair and Cloth of State for the King raised on a Foot-pace on either side whereof was a close Gallery for the King Queen and Prince to be private At the lower end of the State on a Scaffold did usually sit Ladies of Quality on the right hand at the lower end even with the Lords was a place with partitions for the Committee of Parliament and a Door backwards out of it to a place for a withdrawing Room for them to retire to and consult as there was offered occasion On the other side of the place for the Committee and adjoyning to it was a place made for the Earl of Strafford with a Seat and Room for the Lieutenant of the Tower to be next to him and places for the Earl's Secretaries and for his Councel to be near him The Bishops were excluded by the Canons of the Church to be assistant in cases of blood or death and therefore they absented themselves from this Tryal Monday 22. March 1640. was the first day of the Earl's appearing on this Theatre the King Queen and Prince and divers foreign Lords and many Ladies with them attending there the Lords in their Robes on their Seats and the Scaffolds full of the Members of the House of Commons and many others mixed with them The Earl was brought to the Bar by the Lieutenant of the Tower his habit black wearing his George in a Gold Chain his Countenance manly black his Person proper but a little stooping with his Distemper or habit of his body his behaviour exceeding graceful and his speech full of weight reason and pleasingness The Lord high Steward declared to him That he was called thither to answer to the Impeachment of high Treason preferred against him by the Commons of England and Ireland Then his Accusation was read and next his Answer to it in which most part of that day being spent the Court arose The next day Mr. Pym made an Introduction very rhetorical and smart to the Articles and the first seven of them were managed as to the evidence by Mr Glynne and the proof was to his subverting the fundamental Laws
time The House of Lords Voted Nemine contradicente That no Lord ought to be Committed sitting the Parliament but by Judgment of the Parliament except for Treason Felony or breach of the Peace And in Pursuance thereof they Voted a Remonstrance to the King to declare their Right and to Pray his Majesty to release the Earl of Arundel which was presented but no Answer being given to it the Lords presented another Petition to the King for an Answer to their former Petition to which the King returned his dislike The Exception taken by the King was at the Words to have a present Answer whereupon the word present was left out in a New Petition which pleased the King who sent for the Lords to Whitehall and Courted them but thinks they mistrust him and shews the difference of the Cause of Commitment of the Members of the House of Commons and the Earl of Arundel and saith He hath just cause of detaining the Earl of Arundel in prison which he will acquaint them with as soon as possibly he can The Lords present a new Petition to the King That he would be pleased to release the Earl or to declare the cause of detaining him in Prison That it was contrary to their priviledge To which the King answered That he would give them satisfaction before the end of this Session The House Adjourned till the next day and after that for a week and then at their Meeting the King signified to them That he would within a Fortnight either release the Earl or show the Cause And at the new meeting of the Lords the King took off the Restraint of the Earl of Arundel The Commons Committed Mr. Moor one of their Members for speaking words reflecting upon the King At this time Cambridge chose the Duke of Bucks for their Chancellour to please the King and shew their dislike to the Commons The Earl of Berks Name was in Competition but he had too much Courtship and too little Spirit to Contest and so he desisted The House of Commons would have Interposed by their Letter against the Dukes choice but the King forbad it challenging those Matters to belong to him and Justified the Duke to the House and by Letter to Cambridge approved their Choice of the Duke The Duke with an Ingenious Speech ushered in his Answer to the Impeachment of the Commons whom he courted yet Justified himself and said That his accuser Common Fame was too subtle a Body for him to Contest with and he doubted not but in time it would be found that Common Fame had abused both them and him His Answer to the several Thirteen Articles against him was distinct and in most of them carryed a fair colour and the chief strength of his Answer was upon the Knowledge of the King and his Father and their direction of the particular passages with his obedience thereunto and following the Advice of the Councel He denys having the Twenty thousand pound of the Earl of Manchester or Six hundred pound of the Earl of Middlesex or the Ten thousand pound of the East India Company but saith the King had those Sums and the Earl of Manchester had satisfaction by the Kings lands for the Twenty thousand pound and the Six thousand pound was given by the King to Sir Henry Mildmay He absolutly denys that he applyed the Plaister or gave the Drink to King James in his sickness but the King knowing that the Duke had been cured of an Ague by a Plaister and a Drink the King would have them and took them some of his Phisitians then being present and allowing them and tasting the drink He concludes with praying the benefit of the General Pardon of King James and this Kings Coronation Pardon to be allowed him The King sent to the Commons to quicken them about the Subsidies They Petitioned the King about Recusants and named those in Places of Government and Trust and Pray they may be put out and by their desire they attend the King where by their Speaker and in Writing they profess their Affection and Loyalty to the King but they desire that His Majesty would not permit the Duke to have any more access to him They agreed upon a Remonstrance against the Duke and concerning the taking of Tunnage and Poundage though not granted to him by Parliament And this they did because they heard that the King intended to Dissolve the Parliament and by Petition they prayed him not to Dissolve it but the King would not receive the Petition but said He was resolved to Dissolve the Parliament and directed a Commission for that purpose and accordingly the Parliament was Dissolved June the Fifteenth one thousand six hundred twenty six unhappily Thus this great warm and Ruffling Parliament had its Period The Common dispersed Copies of their intended Remonstrance which is in Rushworths Collections with the Grounds and Causes held forth by the Kings Declaration for Dissolving this and the former Parliament and the King published a Proclamation against the Parliaments Remonstrance and for the suppressing of it Sir Thomas Chamberlain chief Justice of Chester dyed and Sir John Hobert Baronett chief Justice of the Common Pleas who was a Learned Judge a grave and smooth man After the Parliament was dissolved the King caused an Information to be preferred in the Star-chamber against the Duke of Buckingham for the same Matters contained in the Articles of Impeachment in the Parliament against him to which the Duke put in his Answer and Witnesses were examined but it came not to hearing The privy Councel advised the King to take Tunnage and Poundage and an Instrument to be past under the Great Seal for his taking of it until it could be past by Parliament A Commission Issued to compound with Recusants The King required a Loan of Money and sent to London and the Port Towns to furnish Ships for guard of the Seas Noy a great Antiquary and afterwards Attourney General had much to do in this business of Shipmoney The Deputy Lieutenants and Justices of Dorsetshire excused themselves and said The Case was without president London being rated twenty Ships desired an abatement to ten and two Pinnaces the Councel denyed it and in Answer to their presidents said That the Presidents in former times were Obedience and not Direction A Benevolence was likewise required Then a General Fast was appointed Commissions Issued out for Musters and power of Martial Law was given and the Inhabitants of the Sea Coasts required to repair to and dwell upon their Estates Ships were sent by our King to the Elbe which discontented the Hamburgers they were recalled The King of Denmark declares to assist the Elector Palatine against the Emperour Tilly Fights with him and gives him a Defeat Our King requires a general Loan according to the rate of the Subsidy with promises to repay and that it shall be no president To the imposing of Loans was added the Billetting of Souldiers Martial Law was
to the Presbyterian Government and none other That Liberty of Conscience granted shall extend to none that shall Preach Print or Publish any thing contrary to the first fifteen of the thirty-nine Articles except the eighth That it extend not to Popish Recusants or taking away any Poenal Laws against them Order by the Lords that the Marquess of Winton have three Months longer time to be abroad Committees appointed to draw things into form and touching the Prorogation of the Parliament and touching Justices of the Peace and Grand-Jury-men 14. Debate touching the end of Sessions of Parliament and this Session to end in twelve Months after the passing the Bill and afterwards the Sessions to be Triennial The Commons voted Liberty to tender Consciences by way of Indulgence and much to the effect as the Lords had before voted A Letter from the King to the General That he would write to the Parliament that his Majesties Children might not yet be removed to St James's but remain for a night or two within 15. Debate upon the Ordinance for Tunnage and Poundage Proceedings upon the Propositions concerning Church-Government The General Councel of the Army at Putney resolved That every Trooper should abate 12d per diem in lieu of free Quarter and every Foot Soldier 4d per diem 16. Debate touching Religion and Voted That the Indulgence as to tender Consciences shall not extend to tolerate the Common Prayer The Lords sent the Propositions to the Commons for their concurrence to be sent to the King with some alterations The Commons referred them to a Committee to peruse wherein they agreed or disagreed from the former Propositions Suspition of designs to bring in the Scots to assist the King 18. Proceedings upon the Propositions to be sent to the King the same as before Added to put a period to this Parliament a year after the passing of this Act. For Elections of Justices of Peace and Grand Jury-men The King to return to his Parliament and have his Rights Queen and Children restored to him Some alterations made by the Commons and referred to a Committee Debate Seven Delinquents to be excepted from pardon of life Complaints against Stage-players and an Ordinance to suppress them Debate upon L. C. Liburne's Case committed by the Lords against which he complained by a long Speech Mr. Belliure the French Ambassador took his leave of the King The Gourdons rose in Arms in Scotland and Major General Miadleton gave a defeat to some of them The Agitators of five Regiments of Horse presented some high Papers to the General as the sence of the Army which was not so but of these Agitators The General answered their Letter That he thought it meet to be presented to the General Councel 19. A grand Committee to consider of Moneys for Pay of the Army out of the Excise Bishops Lands c. Letter from the French Ambassador about his taking leave and desiring a Pass Debate about Coaches c. for his Journey Order that three Lords and six Commoners give the Ambassador a visit at his departure Ordinance against Stage-plays carried up to the Lords Col. Jones took in four Castles from the Rebels but could not force them to fight though at advantages Power given to suppress the Moss-Troopers 20. Several Votes pass'd upon the Proposition of Persons excepted from Pardon agreed to be seven and touching Estates and Offices c. 21. Proceedings and several new Votes upon the Propositions A Petition from Sir William Roberts and the other contractors for the sale of Bishops Lands of the Obstructions in that business referred to a Committee to consider of a way for removal of them The Lords agreed with the Commons in the Ordinance for suppressing Stage-Players 22. A Petition of the East-India Company referred to a Committee Order for twelve hundred pound for Lieutenant Collonel Goll's Arrears An Ordinance committed for Payment of all Arrears to the Soldiers particularly to some of Sir Thomas Fairfax's Army and ordered out of the Sale of Bishops Lands after the precedent engagements thereupon The Assembly presented to the House a Catechisme drawn up by them Referred to the Committee of the Army and to the Committee of the Navy to inquire what Arms Ammunition and Ordnances belonging to the Publick are in any private hands or not made use of for the service of the State and to restore such as belong to any who are well affected to the Parliament and the rest to be brought in to the Tower or made use of for the Navy The General and General Councel of the Army met at Putney and had much debate touching the Papers presented by the Agitators of the five Regiments which were disliked by the General and his Officers and they appointed a Committee to consider of the Paper printed intituled the Case of the Army to send for such Parties as they shall think fit and to prepare something to be offered to the next General Councel and for vindication of the Army from the aspersions cast upon them by that Paper They were also to consider of a way for the speedy bringing in of monies upon Compositions to be offered to the House from the General Councel and of an abatement of the Pay of Non-Commissioned Officers and to prepare Rules for Quartering of Souldiers for the ease of the Country and about some Troopers lately taken in to be Disbanded about Waggoners and payment of Arrears 23. A Letter from the Scots Commissioners here to give notice to the Houses That there was a command laid upon them to attend the King which they did this day at Hampton-Court Orders for mony for the Army Proceedings upon the Propositions and Voted That the Tithes belonging to Deans and Chapters shall be imployed towards the maintenance of a Preaching Minister 25. Votes for Pay of the Arrears of Souldiers out of the Estates of Delinquents the remainder of Bishops Lands and Forest Lands this to be inserted in the Propositions and an Act to Null the Court of Wards and the King to have twenty thousand pounds per An. in lieu thereof and that the two Houses shall nominate all the chief Officers in Ireland and also in England A Committee of both Houses for Forrein Affairs to consider of a Message from the Ambassadour of France A Case of Indemnity determined The Committee of Estates in Scotland considering the dangers then imminent to Religion His Majesties Person and Authority the Union betwixt the Kingdoms and Peace of that Kingdom fully represented to them in Letters from the Commissioners in London and by several informations found it necessary in regard thereof that the Army be kept up till March next Letters from the North of the care of Major General Lambert for equal Quartering of his Souldiers and for punishment of some to run the Gantelope for Plundering and for meddling to assist in taking possession of a parcel of Tithes and taking in the advice
Officers were ordered to march with the General his Regiment to Windsor to be Prisoners there the other Officers were sent to the Mount Pendennis Cardiffe Oxford Arundel and other strengths but none beyond Trent The Common Souldiers were to be conveyed to Bristol and other Sea-Towns to be transported to America Venice or as shall be appointed the Gentlemen Souldiers were Committed to the care of Troupers till further order Letters from the North that of Scots Irish and English there are above seven thousand under Major General Monroe and they have twenty pieces of Ordnance that Lambert advanced to joyn with Cromwell against Monroe that the siege of Scarborough Castle continued 5. Letters from the Earl of Warwick of his pursuit of the Prince and of the revolted Ships A long debate about the Militia Order that all persons who were in the late Insurrections should be incapable of being Jury-men and that the Judges in their Circuits and the Justices of Peace at their Sessions do see this Order put in execution Ordered that the former Orders and Ordinances for the taking away the Voyces of Delinquents in Elections should be put in execution and all Officers of Cities and Towns Corporate to take notice thereof Order for a call of the House and a Fine of twenty pound upon those absent Order for three thousand pound for Lieutenant Colonel Lilburne as reparation for the Sentence against him in Star-Chamber A Message from the Lords that Doctor Burges may have his place at S. Pauls settled under the great Seal That the Earl of Cleveland may have his Liberty for three Months upon bayle to take the air in the Country for his health and to recommend a Petition from the Countess of Kildare for some reparation of her great losses in Ireland Letters from New-Castle that divers English came thither to ask quarter of the Governour and to desire to be imployed That the Committees of Berwick and Carlisle sit upon sequestrations and raise monies notwithstanding the troubles there That many English are with Monroe incouraged by their Land-lords and that Colonel Fenwicks Horse and some Dragoons relieved Holy Island near Berwick and stormed Fenham Castle in which was a Garrison of Scots 6. Order for mony for Tradesmen who trusted the Lord Inchequin for Armes Both Houses approved the appointment of monies for the Treaty five hundred pound for Coach and Horses for the King six thousand pound for his Majesties private use and three thousand pound for the charges of the Commissioners Debate of an Ordinance for sale of the Lands of Deans and Chapters The Commons agreed to the Earl of Clevelands Liberty upon Bayle so as he ingage upon his honour not to Act against the Parliament Letters from Holland that it was disputed amongst the states whether the Prince of Wales being returned thither they should entertain him in a publick way or give him an allowance per diem and they agreed to allow him a thousand gilders a day and some discontents were among the Sea-men in the Prince his Fleet. Order about stating Sir Jo. Clotworthy's accounts and for his pay and they declared an acceptable sence of his carriage 7. The thanksgiving day for the Victory aginst the Scots Sir Peter Killigrew returned with his Majesties answer to the last Message from the Houses desiring that the Treaty may be hastned that he could have wished all those desired by him might have been admitted to him but will not let that hinder the Treaty he desired Dr. Reeves and Dr. Ducke to be admitted to him in relation to the Treaty At the sight of a Gentleman in mourning for Sir Charles Lucas the King wept 8. Letters from the Earl of Warwick of the constancy unanimity and courage of the Officers and Sea-men in the Parliaments Fleet and that the revolted Ships though more in number avoided them That the Castles of Deal and the rest at the Downs upon which the Protection of the Fleet and of trade have such a dependance are in great want of reparation which he recommends to the Parliament Debate upon the Ordinance for Sale of Deans and Chapters lands Major Husbands sent to the House acquainted them with the surrender of Sandowne Castle in Kent and of the condition of the other Castles in Kent Referred to the Committee at Derby House to write to the Committee of Kent and Colonel Rich to advise with the Lord Admiral about the repair of those Castles and of pay for them Upon the General his Letter that four thousand Pounds of the fourteen thousand Pounds imposed on Colchester to free them from plunder could not be raised and was remitted by the General the House ordered five thousand Pounds to be raised out of the delinquents Estates in those parts to make up the Summ for the Souldiers who should have had the pillage of the Town 9. Order for a hundred and fifty pound for M r Rolphe for his unjust imprisonment The City of London advanced two thousand Pounds for the business of the Treaty Major Armestrong one of the Prisoners at Windsor was rescued at Brainford the House ordered the Captain of the Guards to send a party of Horse to apprehend those that made the rescue Letters from the North that Lieutenant General Cromwell was at Berwick that the Country generally rose with him against Monroe that Cromwell sent to Edenburgh to recal Major General Monroe and the Forces with him out of England and to surrender our Garrisons 11. Both Houses thought not fit to grant a Pass with Blanks for the King to send into Scotland but they advised his Majesty first to send into Scotland for them to name the Persons they would send hither and then a Pass to be granted to them M r Parsons had a Pass to go to his Majesty and to Scotland Instructions passed for Carriages to the Isle of Wight and things preparatory to the Treaty A Pass to Major Belford to transport six horses into France The business of Garrisoning the Earl of Lincoln's House referred to the Committee of Derby House and the Committee of Lincoln to secure it A Petition from thousands well affected persons in and near London giving reasons why they first assisted the Parliament and that they expected other ways from them than a Treaty they mentioned twenty seven heads which they expected from the Parliament 1. That they would have made good the supremacy of the People from all pretences of Negative Voices either in King or Lords 2. Laws for Election of Representatives yearly and of course without Writ or Summons 3. That their time of sitting exceed not forty or fifty dayes and to have fixed a time for the ending of this Parliament 4. To have exempted matters of Religion and Gods worship from the compulsive or restrictive power of any Authority 5. That none be forced or pressed to serve in War 6. To have made both Kings Queens
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
Commission from the Lord of Ormond That the Army took the Field in two Bodies Collonel Reynolds with about 16 Troops of Horse and 2000 Foot ordered to march by the way of Carrick and M. G. Ireton to follow with a reserve That the Lord Lieutenant was to march over the Blackwater with 15 Troops of Horse and about 3000 Foot and accordingly they begun their March Jan. 29th That two days after he took the Castle of Kilkenny and Cloghern a strong House belonging to Sir Richard Everard one of the Supream Councel From thence he marched to Roghill Castle which upon Summons was rendred which gives them Command far into the Country That the Lord Broghil took in the old Castle Town and a Castle of Sir Edward Fittz Harris And that the Irish sent their Commissioners to Compound for their Contribution as far as the Walls of Lymerick That the Lord Lieutenant came late in the night in very tempestuous weather to Fethard and got into an old Abbey and some Cabbins and poor houses in the Suburbs from whence he sent a Summons to the Town but they shot at the Trumpet and being informed that the Lord Lieutenant was with the Party they said That it was not a fit time to send a Summons in the night and shot angerly at the Party but the Lord Lieutenant made not one shot at them again In the end the Governour was willing to send two Commissioners to treat with the Lord Lieutenant and after one night spent in the Treaty The Town was delivered the next Morning upon Terms which were the more willingly given them because the Lord Lieutenant had but few Foot and no great Guns nor Ladders and there were 17 Companies of the Vlster Foot within 5. Miles of the Town The Enemy quit it in some disorder and the Soveraign and Aldermen have since sent to the Lord Lieutenant a Petition desiring that he would protect them and he hath made them a Quarter From thence we marched to Callar hearing thar Collonel Reynolds was there with his Party and we found that he had fallen upon the Enemies Horse and routed them being about 100 with his Forelorn he took my Lord of Osseries Captain Lieutenant and another Lieutenant of Horse Prisoners and one of those that betrayed the Garrison of Iniscorthy whom the Lord Lieutenant caused to be hanged The Enemy had Possessed three Castles in the Town with about 120 Men in each of them and a Troop of Horse besides in ButlersCastle which was delivered upon Conditions the other two Castles refusing terms the Garrisons were all put to the Sword From hence Collonel Reynolds was sent with his Regiment to remove a Garrison in the way to Rosse which he did and the Army marched back to Fethard and Cashel where they had good Quarters both for Men and Horse 26 An Act passed injoyning all Papists and all such who had born Arms and assisted against the Parliament to depart 20 Miles from London and those under restraint 5 days after their Inlargement with an Exception of Inhabitants who have compounded An Act passed for giving further time for subscribing of the Ingagement and other directions concerning it An Act passed for propagating and preaching of the Gospel and for the maintenance of able Ministers and Schoolmasters in Wales The like Act passed for the four Northern Counties An Act for providing Maintenance for Preaching Ministers and other pious uses throughout the Nation Debate in a grand Committee of the House upon the Heads of a Bill for equal Representatives and regulating Elections An Act read for the Excise of Ale and Beer brewed in private Houses 27 Letters from Pembroke that C Cromwel and C. Veneables were there waiting for a Wind for Ireland That the Lord Lieutenant was marched towards Lymricke and that Preston was chief Leader of the Rebels From Chester That two of the Souldiers that betrayed Eniscorfy to the Enemy were taken in Werrel one of them escaped the other was sent to the Goal From Dartmouth That the Ingagement was willingly subscribed there From Weymouth That many of Prince Rupert Men run away from him to the Parliaments Fleet. Returns of the Ingagement taken by Ossicers and Souldiers 28 A publick Humiliation and Fast was kept this Day March 1649. March 1. TheContractors for sale of the late Kings Lands c. begun to sit and make Contracts Letters from Portsmouth That the whole Fleet did now ride there at Anchor and that the Agents to this State from Spain and Portugal were there ready to go along with the Fleet. 2 Letters from Chester That Sir Charles Coot marched towards Belfast but found no opposition only a few stragling Troops and that he hath settled that Country and Supplyes of Money and Cloaths were sent to him by order of the Councel of State From Leverpoole of a Tumult by the meaner sort of People at Ormskirk against the Commissioners of Excise who for many hours together defended themselves with their Swords and Pistols against the Rabble and kept the Inn Door but at length the Governour of Leverpool sent some Forces who dispersed the Ryoters and apprehended some of them From Portsmouth of 18 of the Parliaments Ships which set sail from thence to be a Convoy to the Merchants That when all the Ships meet they are expected to be 200 Sail. From Edenburgh That the Committees of the State and Commissioners of the Kirk had agreed upon new Proposals to be treated upon with the King at Bredah wherein two points were more insisted on than formerly 1. The King swearing to the Solemn League and Covenant 2. That he seclude from him all Delinquents That 6 Lords 2 Gentlemen and three Ministers are to go with these new Propositions That 5 Ships with Arms and Ammunition were landed in Orkney forerunners of Montross 4 Letters from Edenburgh That their Commissioners are ready to go away to the King upon the new Propositions which are in Effect the same with the former From Leverpool of diversShips gone from thence with Supplyes for Ireland That the Tumult against the Officers of Excise was by gentle meanes and some use of Force fully quieted That the Ingagement was there much preached against From Shrewsbury That the Ministers preach much against the present Government and to incourage the People to Sedition and to rise for their King That at the day of the publick Fast kept in one of their Churches there was another mock Fast kept in the other two Churches by agreement of Ministers and two Sermons preached in them purposely to disturb the Fast injoyned by Authority 5 The Parliament passed a List of the Captains to command the Ships ordered to be set out for this Summers Guard being 48 of the States Ships and 21 Merchants Ships They also past an Act giving Power to the Councel of State and to the Admirals at Sea to impress Seamen for this Years Service if there should be occasion and if there be not
Council of State the Lord Major Sheriffs and Aldermen of London the Militia and many Thousand others of Quality There was a great Guard of Soldiers Horse and Foot and Multitudes of People in the Fields and in the Streets he was entertained all the way as he passed to his House with Vollies of great and small shot and loud Acclamations and Shouts of the People He carried himself with great affability and seeming humility and in all his Discourses about the Business of Worcester would seldom mention any thing of himself but of the gallantry of the Officers and Soldiers and gave as was due all the Glory of the Action unto God 13. A List sent up to the Parliament of many Officers taken in Pursuit of the Scots near Manchester That Collonel Gerrard who fell upon the Rear of the Scots Party in Cheshire was by them taken Prisoner and carried four or five Miles when coming to a Passe where they saw Clubmen ready to oppose them Two Majors Three Captains and Twelve Soldiers desired the Collonel that they might be his Prisoners to avoid the Club-men which he did and brought them Prisoners to Chester That the King was escaped but the Earl of Montgomery and about 80 more divers of them Men of Quality were brought Prisoners to Halifax That Collonel Lilburne's Regiment took divers Officers of Quality and 200 Soldiers and sent them Prisoners to York That the York-shire Forces took Lieutenant General Lesley Major General Middleton many Officers Gentlemen and Soldiers That Duke Hamilton was dead The Scots Prisoners were conducted through the City to the new Artillery-ground in Tuttle-fields 15. Letters That a Party under Collonel Okey took several Houses in the Highlands by Storm That the Scots threatned to hang all between sixteen and sixty that would not joyn with them and executed some That 80 Women were killed at the Storming of Dundee 100 Ships Prize in the Harbour That about 1000 Scots were brought Prisoners by the Country joyning with the Parliaments Forces in Lancashire and that of 2000 Horse of the Enemy that fled from Worcester few or none escaped 16. Cromwel sate in the House and the Speaker made a Speech to him and gave him the Thanks of the House for his great Services Lieutenant General Fleetwood and other Officers of the Army had also the Thanks of the House Cromwel and most of the Members of Parliament and divers Commanders of the Army were Feasted by the Lord Major in London The Parliament resumed the Debate touching a New Representative Debate of an Act of Oblivion and General Pardon with some Expendients for satisfaction of the Soldiery and the Ease of the People Order for a Fast-day in the House to seek God for Counsel and Assistance for improvement of his great Mercies and for doing things most to his Glory and the good of the Common-wealth Report to the House from the Committee of the Army of all the Forces in England and Ireland and the Monthly Charge of them A Committee appointed to receive the Agent from the Common-wealth of Genoa Letters That the Mosse-Troopers killed four of the Parliaments Soldiers and Two Passengers and indangered the Packet and that the Forces in the North were on the Borders to meet with the Flying Scots That the Commissioners of the Militia in Worcester-shire were disbanding the Militia Forces demolishing the Works and securing the Persons and Estates of such as adhered to the King 17. The Scots Prisoners came to London and among them who were not discovered before were the Lord Grandison Collonel Blague and others of Quality the Parliament ordered the Trials of the Earl of Cleveland Lauderdale Derby Major and Sheriffs of Worcester and others 18. Letters That Aberdeen was quitted by the Scots That divers died of the Spotted Feaver at Lieth Collonel Hubbold and others and that Lieutenant General Monk had been dangerously sick That the Gentlemen of Fife submitted to the Government of England An Account of dismissing Militia Forces and of the trouble to the Countries by the Scots Prisoners 19. Letters That upon the Suit of General Leven Sir Arthur Hasclridgge had given leave for his being Prisoner at his Son-in-law's House Mr. De la Vale upon his Parole and Mr. De la Vale gave Bonds of 20000 l. for his being a true Prisoner 20. Upon the desire of the Guinnee Merchants 1500 of the Scots Prisoners were granted to them and sent on Ship-board to be transported to Guinnee to work in the Mines there and upon a Quarrel among the Soldiers in the Barges Two or Three of them were drowned 22. Letters That Lymbrick would gladly accept of the first Offers of the Lord Deputy That they have Divisions among themselves That they made a Salley with 1000 Foot upon the Parliaments Forces who after an hours Dispute killed 80 of the Irish and wounded many and had nine slain and 35 wounded of the Parliaments Soldiers The House kept a Private Fast in the House Act read for a Thanksgiving-day and another Act for a yearly Observation of the third day of September in all the Three Kingdoms with a Narrative of the Grounds thereof The High Courts of Justice continued for Three Months by a new Act. Letters of a Prize taken with 20000 Dollers and rich Lading 24. The Funerals of General Popham were accompanied from Exeter House by the Speaker and Members of Parliament the Lord General and Council of State with great Solemnity to Westminster 25. Two of the Parliaments Soldiers in Scotland sentenced to ride the Wooden Horse for seizing and carrying away a Chest of Goods buried by a Country-man in the Fields and the Lieutenant General Monk published a Proclamation for the better prevention of disorders and plundering in Dundee 26. That the Enemy in Limbrick have made many Overtures for another Treaty but it would not be granted That the Priests and Friers among them bind them by new Oaths but they dare not trust one another That the Lord Deputy is before Clare Castle 27. Letters of the Jersey Pyrates doing mischef upon the Western Coast The Parliament ordered a Bill to be brought in for setting a time for the ending of this Parliament and for constituting a New Representative 29. The Narrative of the Mercies and Victories obtained by the Parliaments Forces in Scotland and England The Lord Major and Sheriffs of London were presented at the Exchequer 30. Letters That Collonel Reynolds had taken in Bellebeg Castle in Ireland and dispersed Dungans Forces That whilst Collonel Hewson was abroad the Enemy took in Two or Three small Garrisons of the Parliaments near Dublin but upon Hewsons return they quitted them An Act passed for providing Maintenance for Maimed Soldiers and Widows of Soldiers Order for a Bill for Confirmation of the Sale of Bishops Lands and the Lands of Deans and Chapters c. October 1651. 1. Several new Acts of Parliament Fead and debated in the House 2. Letters of
some discontent in Collonel Okey and his Party for chat the taking of General Leven and those with him was misrepresented to the Parliament and General and that right was not therein done to others as well as to Collonel Alured and his Party An Account from Hull of Recruits sent for Scotland 3. Letters That in Scotland they report the King to have entred London in Triumph and to be shortly Crowned and that Middleton was upon the Borders with 8000. That the Ministers gave Thanks in their Pulpits for the great Victory obtained by their Forces in England That they were confident that the Lord General went not about to Conquer Kingdoms to attain Titles or Territories to propagate his Praise or Promotion but the Publick Peace the Prosperity of the People and the Praise of God more than the Praise of Men. That the Soldiers seized a Man of War in the Harbour of Aberdeen That the Marquess of Huntley with 600 Horse and 1000 Foot was marched into the Highlands and that Balcarris had some Forces 4. Letters of four Soldiers in Scotland sentenced for robbing a Country-man of 7 l. to be led to the Gallows with Ropes about their Necks and there to have 30 Stripes and to be kept in Prison with Bread and Water till they had restored four Fold to the Country-man and asked him forgiveness on their Knees That Evandale Castle was surrendred upon Conditions and that divers Gentlemen returned to their Habitations about Lieth and ingaged to live quietly and submit to the Parliament of England 6. Letters That the Earl of Derby was tryed at a Court-Marshal at Chester at which were 20 Officers Captains and above that Degree five Collonels Major General Mitton and Collonel Mackworth the President That the Earl confessed the Plot for a General Rising of the Presbyterians in Lancashire to joyn with the King but it was disappointed by the apprehending of Mr. Birkenhead That Sir Tho. Tiddesly Major Ashurst and Major General Massey were principal Actors in that Conspiracy He confessed the matters of Treason charged against him and submitted to the mercy of Parliament And for Plea 1. He alledged he had Quarter given him and therefore was not to be tryed by a Court-Martial for Life but this was over-ruled by the Court. 2. He pleaded ignorance of the Act of Treason set forth by the Parliament which Plea was also over-ruled and the Court sentenced him to be beheaded for his Treasons at Bolton where he had killed a Man in cold Blood The Earl seemed very desirous of Life and petitioned the Lord General upon the Point of his having Quarter but had no relief from him The Court sentenced Sir Tho. Feverston to be beheaded for the same Treasons and Captain Benbow to be shot to death The Parliament ordered Dr. Drake and several Ministers and others to be tryed by the High Court of Justice for being Conspirators with Mr. Love Letters That the Lord Argyle was fortifying his House and other Places in Scotland and that the Lords and Gentlemen thereabouts came slocking home and were willing to close with England That the Remonstrants Kirk Party damned all that was done by the other Kirk Party who were for the King That Marquess Huntley was much disappointed by the Countries refusing to come in to him and that now they begin to fear that their Army in England is defeated 7. The Parliament ordered Three Regiments of Horse and Five Regiments of Foot and 30 single Companies to be disbanded for the ease of the Common-wealth and several Garrisons to be slighted The Committee for regulating the Law ordered to sit de die in diem An Act passed for the increase of Shipping and incouragement of the Navigation of this Nation 8. Letters That Captain Young who commanded the President Frigot coming to the Isle of Man summoned it for the Parliament but the Countess of Derby being there returned answer That she was to keep it by her Lords Command and without his Order she would not deliver it up being in duty bound to obey her Lords Commands 9. Orders of Parliament for disbanding several Regiments and Companies and some to be sent for Ireland and the Council of State to issue Warrants for Money for those disbanded and for pay of the Garrisons that are to be dismantled The Bill committed for setting a time for the ending of this Parliament and for calling a new one 10. Letters of difference between the Marquess Huntly and Argyle That the Pickeroons are busie upon the West of England and that one of Prince Ruperts Fleet that ran from him was come into Weymouth Harbour Letters of 1000 Scots Prisoners shipped out of Shrop-shire and of Collonel Cobbetts Regiment gone for Scotland Collonel Vaughan Dr. Drake and Captain Massey were tryed by the High Court of Justice for being in the Conspiracy with Mr. Love and they submitted to the mercy of Parliament 13. Letters That the Earl of Derby attempted to escape and was let down by a Rope from the Leads of his Chamber but some hearing a noise made after him and that he was re-taken upon Dee Bank He wrote a handsome passionate Letter to his Lady to comfort her and advised her as then matters stood to surrender the Isle of Man upon good Conditions Of divers Castles in Scotland surrendred to the Parliament of England and that their new Levies go on there very slowly 14. The Parliament sate in a Grand Committee about the Bill for putting a Period to this Parliament and appointing a new one and ordered to sit every day except Wednesdays for 14 days about this Bill Order for the Forces reduced out of the Garrisons to be put into Regiments and to march for Scotland and Ireland and the standing Army to be put into Garrisons 15. Several Petitions from Mr. Jenkins Mr. Case and others who were in the Conspiracy with Mr. Love by way of humble acknowledgement and submission The Parliament pardoned them all and ordered the Commissioners of the Great Seal to pass their Pardons 16. The Lord Major Aldermen and Common-Councel of London kept a special Thanksgiving-day for Gods Mercies to the Common-wealth and feasted at Guildhall Letters That divers Scots Ministers were permitted to meet at Edenburgh to keep a day of Humiliation as they pretended for their too much compliance with the King That the Northern Scots were got together 1800 but divided among themselves From Ireland That Collonel Zanchey took 30 Tories Prisoners and redeemed many English Prisoners and another Party took 60 more of the Tories That the Irish stormed and took Rosse but quitted it upon approach of the Parliaments Forces That they lost 20 Men and killed 15 of the Parliaments 17. Letters That Collonel Okey and three other Regiments quartering in the Country about Monrosse the Gentlemen finding that all their Provisions would be eaten up petitioned them to remove and ingaged to come in themselves and to
much Affection to Spain and made a short History of his Life and Negotiations With his Answer he produceth several Letters of Thanks for his Care First in the business of the Palatinate and then Answers punctually to every Article touching the Match with Spain and produceth the Declaration for Priviledge to the Roman Catholicks little less than a Toleration And he laid much Blame on the Advisers of the Princes journey to Spain and sets forth his own Care and Industry to hinder the Dukes designs then of perswading the Prince to change his Religion and that the Duke never perswaded or advised the Prince to be constant in the Protestant Profession He confesseth that in Discourse he delivered his Opinion for the Match of the Palzgraves Son with the Emperours Daughter so that the Son if he were bred in the Emperours Court might have Protestant Tutors and freedom of Religion for him and his Family He Justifies the performance of his Instructions in every point and declares the advantages of that Match with Spain He avowes his former Petition not to be Scandalous That he intends nothing but Honour and Service to the King and humbly submits all to the judgment of the Lords At a Conference with the Lords The Commons sent up an Impeachment against the Duke of Bucks managed by Eight of their Members Sir Dudley Digges made an Eloquent Introduction comparing England to the World The Commons to the Earth and Sea the King to the Sun The Lords to the Planets The Clergy to the Fire The Judges and Magistrates to the Air The Duke of Bucks to a Blazing Star The Articles were I. The Sale of Offices and multiplicity of great Offices in the Duke II. His buying the Office of Admiral from the Earl of Nottingham and procuring the King to give satisfaction to the Earl for it III. The like for the Offices of Warden of the Cinque Ports and Constable of Dover IV. The neglect of the Duty and Trust of his Office of Admiral whereby Pirates infested our Coasts and Trade decayed These were aggravated by Mr. Herbert V. Touching the Ship Peter of New Haven which being brought in some of her Goods and Jewels to the value of Twenty thousand pound were taken out of her and delivered to a Servant of the Duke and after an Order to Release the Ship yet the Duke kept the Goods and stayed the Ship still and thereupon our Merchants Goods were seised upon in France Selden Inlarged upon this Article and the prejudice of not Guarding the Seas and the Kings Right therein VI. His Extorting of Ten thousand pound from the East India Merchants by staying of their Ships VII His procuring the Ship Van-guard and Six Merchants Ships to be put into the hands of the French King and compelling the Owners to it which Ships were imployed by the French King VIII That these Ships to his Knowledge were to be used against Rochel These Articles were aggravated by Glanvil IX Sale of Honours procured by him and for his profit and the Lord Roberts threatned if he did not give Ten thousand pound to the Duke for his Title which he did give X. He sold the Office of Treasurer to the Lord Manchester for Twenty thousand pound and the Office of Master of the Wards to Sir Lionel Cranfield for Six thousand pound XI His procuring Titles of Honour for his Kindred and Allies and Pensions from the King to support their Titles These were aggravated by Mr. Pym. XII His Imbeziling the Kings Money and procuring Grants to himself of Crown Lands of a great value Upon this Mr. Sherland Inlarged and computed the Sums of his Gifts to Two hundred eighty four thousand three hundred ninety five pounds XIII The Plaister and Potions which the Duke caused to be given to King James in his Sickness a Transcendent Presumption of a Dangerous Consequence This was aggravated by Mr. Wandsford and Sir John Elliot made the Epilogue to the Impeachment Sir Dudley Diggs and Sir John Elliot were Committed to the Tower and the King came to the Lords House and told them of it And that he could clear Bucks of every one of the Matters whereof he was accused The Commons by Message to the Lords desire the Duke may be Committed and the Duke in the Lords House desires that his Tryal may be hastened The Commons upon Commitment of their Members caused the Door of the House to be shut and would not proceed in any other Business till they were righted in their Liberties Whereupon Sir Dudley Charleton in a Speech told them That in other Countries particularly in France they had formerly Parliaments as we have but when their Parliamentary Liberty was turned into Tumultuary Licence and their Kings found how those Councills indeavoured to curb them They took away and abolished those Parliaments and now the Common People wanting good Food looked more like Ghosts than Men and went in Canvas Clothes and Wooden Shoes At these Words the House cryed out To the Bar to the Bar and his Friends and Explanations had much a do to keep him from being brought upon his Knees to the Bar for his Speech But he went on and told the House That Sir Dudley Diggs in his Prologue to the Dukes Impeachment speaking of the Plaister applyed to King James said That he did forbear to speak further in regard of the Kings honour which his Majesty conceives to be to his dishonour and that Sir John Elliot was so uncivil and bitter against the Duke in his Epilogue That the King thought fit to Commit them both Hereupon every Member of the House made severally a Protestation That he did not give any consent that Sir Dudley Diggs should speak the words charged upon him Sir Dudley Digges being released out of Prison protested that he never spake those words and the King was satisfied that he did not but the Duke moved That every Lord might produce his Notes at the Conference and at length Thirty six of the Lords made a voluntary Protestation That they did not hear Sir Dudley Diggs speak those words at the Conference Not long after Sir John Elliot was Released who excused and Justified the passages of his Speech objected against him and by Vote the House Justified him and Sir Dudley Diggs and all the rest of the Managers of the Impeachment The Lords were Discontented at the Commitment of the Earl of Arundel about his Sons Marriage with the Duke of Lenox his Sister and with breaches of their Priviledges and upon the Release of Sir Dudley Diggs and Sir John Elliot The Lords Petitioned the King for the Earl of Arundells Release The King sent a Message That he was Committed for Personal Misdemeanours against the King and not for any matters of Parliament The Earl of Arundel had five Proxies which were lost by his Imprisonment and no President was found of any Peer Committed Sitting the Parliament except that of the Bishop of Winchester in Edward the Thirds
Bill was ordered to be drawn concerning the substance of Magna Charta and the other 6 Statutes The King sends another Message to the Commons to know if they will rest on His Royal Word which he will perform They debate upon it and some say his word is to be taken in a Parliamentary way He sends another Message to hasten them and that he will end this Session within a senight The Commons attend him and answer his Messages give him humble thanks for them and desire that by a Bill they may satisfy the people of their Rights and that they do not intend to incroach upon the King's Prerogative The King is contented that a Bill be past to confirm Magna Charta and the other 6 Statutes without additions After this by another Message they were pressed to rely on the King's Word In the debate hereof the Door of the House was shut They resolve upon the Petition of Right and present it to the Lords for their concurrence and resolve the times of payment of the 5 Subsidies The Lords at a Conference acquaint the Commons with a Letter from the King to them wherein he much insists upon some Cases of Committment so transcendent that they may not be discovered and which are above the capacity of the Judges but promiseth to observe the Laws and agrees that Magna Charta and the other 6 Statutes are in force and desires expedition The Lords propound an addition or saving to the Petition of Right not to infringe Sovereign Power The Commons did not like the word Sovereign Power nor any saving in the Petition of Right and gave their reasons at a Conference with the Lords why they could not agree to this saving The Lords were satisfied and both Houses concurred then the Bill of Subsidies was read and committed A charge was brought into the House by Mr. Pym against Dr. Manwaring That he by his Divinity Indeavoured to destroy the King and Kingdome The Fleet under the Command of the Earl of Denbigh sailed to Rochel and finding there some French Ships would not assault them though fewer and weaker than themselves by many degrees but after shewing themselves onely they returned and left Rochel unreleived The Council here being informed thereof and some Parliament Men Letters were sent from the Council to the Duke to order the Earl of Denbigh to go again and to releive Rochel Both Houses presented to the King the Petition of Right he promiseth a gracious Answer The Petition is read and his Answer was That Right be done according to Law and the Statutes be put in due execution This Answer did not satisfie the Commons and in debate of it Sir Jo. Elliot fell upon the publick Greivances and moved that a Remonstrance of them might be made to the King but this was by some held unseasonable yet it was seconded and a Committee made about it The King sends to the House that he will not alter his Answer and intends to conclude this Session within a week They send to the Lords the charge against Manwaring for his Sermons That the Subjects under pain of Damnation ought to pay the loan and obey the King's Will in all things He is sentenced by Fine and Imprisonment disabled to to have any Ecclesiastical preferment and to make a submission The King sends another Message to the Commons not to entertain any long business for that he will keep his time of concluding this Session and that they lay no aspersions upon the Government or Ministers of State Hereupon Sir Jo. Elliot beginning to speak the Speaker fearing that he intended to fall upon the Duke rose up and said there is a Command upon me that I must command you not to proceed in this matter The Commons declare that no undutiful speech hath been spoken by any Member Sir Ed. Coke named the Duke to be the cause of all their miseries and moves to goe to the King and by word to acquaint him Selden seconds it and moves for a Declaration against the Duke that Judgment be demanded against him upon his Impeachment in the last Parliament The King sends to the Commons to Adjourne till the next day and they did so but were in much disturbance yet upon another Message brought by the Speaker the former Restraint was qualified and the King sent also a courting Message to the Lords Both Houses agree to Petition the King for a satisfactory answer to the Petition of Right The Commons proceed about their Declaration They examine the business about raising 1000 German Horse under Balfour and Dalbier and providing Arms for them The King gave another Answer to the Petition of Right soit Droit fait comme il est desire which satisfied the Commons and all good men and is the same in the printed Act and so that excellent Law passed The Commons sent for the Commission of Excise presented it to the Lords and prayed that it might be damned The Duke is again named in the House to be mentioned in their intended Remonstrance as the cause of all their Evils Sir Hum. May Sir H. Martyn Sir Ben. Rudyard and others endeavoured to moderate the House but they Voted the Duke to be named in their Remonstrance Dr. Lambe was set upon in the Streets by the Rabble and called Witch Devill and the Duke's Conjurer and beaten that he died the Council wrote to the Lord Mayor to find out and punish the chief actors therein but none were found The Commons Voted Bishop Neal and Laud to be named in their Remonstrance as suspected to be Arminians and they named the Duke's power and the abuse of it and prayed the King to consider whether it were safe that such a person should be so near him The Remonstrance was perfected and in it complements to the King and the duty of Parliaments to make known to him publick Greivances which otherwise he could not know then they mention their fears of some Indeavours to Introduce Popery They shew the favourers of Papists and the favours to them amounting to a tolleration or little less The spreading the faction of Arminians and the practice of Popery in Ireland and the religious houses there newly founded the fear of the change of Government in the loans Billetting of Soldiers German Horse taking of Tunnage and Poundage without Grant by Parliament The Voyages to Cadez Rea Rochel want of Powder yet then the King's Powder sold the loss of trade and not guarding the Seas The cause of all the evils they conceive to be the excessive power of the Duke of Bucks and his abuse of that power and they submit to the King's Wisedom whether it be safe to continue that power or the Duke so near the King's person They desire access to the King and order the Speaker though unwilling to deliver the Remonstrance the King sends a Message that he intends to
it not for these contempts being convened before the high Commission Court he was fined in a great sum and committed to prison where he lay a long time and being upon a Habeas corpus brought to the Bar the cause of his committment was returned default in his canonical obedience He was first bayled and afterwards delivered upon this reason because breach of canonical obedience is an offence punishable by the ordinary by Ecclesiastical censures and not by the Commissioners Ecclesiastical by Fine and Impriscnment Strowde Hollis Selden and Valentine were brought to the Bar by several Habeas Corpora and the cause of their committment returned one Warrant from the Council and another Warrant from the King for Sedition and Contempts and whether this was a good Return or no was argued One Atkinson sued a servant of the King and the Lord Chamberlain committed him because he did it without his leave and upon his Habeas corpus Atkinson was delivered which the Earl of Montgomery Lord Chamberlain taking ill the same day that Atkinson was delivered he again committed him in contempt of the Court and admiration of all wise men Jones Whitelocke and Croke Hyde denying it gave a Warrant for a new Habeas corpus but before the return of it the Lord Chamberlain upon wiser thoughts discharged Atkinson from prison The King's Attorney Heath a fit Instrument for those times preferred an Information in the Star Chamber against Elliot and the other Parliament men there named setting forth their misdemeanours in the late Parliament and all those proceedings He preferred another Information against Chambers in the Star Chamber setting forth the King 's Gracious Government the great privileges of the Merchants and the small duties they paid then the words spoken by Chambers at the Council Table That Merchants have more incouragement and are less scrued up in Turkey than in England Chambers confest the words but said he spake them of the under officers of the Customes who had much wronged him and not reflecting upon the King or Council or the Government Yet the Court fined him 2000 l. and to make a submission which he refused underwriting that he did abhor and detest it as unjust and false The Fine was Estreated into the Exchequer where he pleaded Magna Charta and other Statutes against the Fine by the King and his Council in the Star Chamber it not being by Legal Judgment of his Peers nor saving his Merchandise But the Barons would not suffer his Plea to be filed Afterwards he brought his Habeas corpus but the Judges remanded him and after 12 years Imprisonment and long waiting for satisfaction for his losses from the long Parliament he at last dyed in want The Judges were somewhat perplexed about the Habeas corpus for the Parliament men and wrote an humble and stout letter to the King that by their oaths they were to bayle the Prisoners but thought fit before they did it or published their opinions therein to inform His Majesty thereof and humbly to advise him as had been done by his Noble progenitors in like case to send a direction to his Justices of his Bench to bayle the prisoners But the Lord Keeper would not acknowledge to Whitelocke who was sent to him from the rest of his Brethren about this business that he had shewed the Judges Letter to the King but dissembled the matter and told him that he and his Brethren must attend the King at Greenwich at a day appointed by him Accordingly the Judges attended the King who was not pleased with their determination but commanded them not to deliver any opinion in this case without consulting with the rest of the Judges who delayed the business and would hear arguments in the case as well as the Judges of the King's Bench had done and so the business was put off till the end of the Term. Then the Court of Kings Bench being ready to deliver their opinions the Prisoners were removed to other prisons and a Letter came to the Judges from the King that this was done because of their insolent carriage at the Bar. And so they did not appear Some Constables and other mean men committed by the Council and bringing their Habeas corpora were removed from Pursevant to Pursevant and could have no benefit of the Law Some advised the King to have no more Parliaments but to abolish them as Lewis the 11 th of France did and a Pamphlet was divulged to this purpose The King took another course to gain Eminent Parliament men that were against him to become of his party and to doe him service He took Sir Thomas Wentworth into favour and his Countryman Sir John Savile and they were made Privy Councellors Sir Dudley Digges was made Master of the Rolls Noy was made the King's Attorney and Littleton his Sollicitor The Judges of the King's Bench were sent for by the Lord Keeper to be in London on Michaelmas day the chief Justice Hyde and Whitelocke were sent for to the King at Hampton Court who advised with them about the Imprisoned Parliament men and both these Judges did what good offices they could to bring on the King to heal these breaches The first day of Michaelmas Term Mr Mason moved for the Prisoners to have the resolution of the Court. All the Judges declared that they were contented the prisoners should be Bayled but that they must also find suerties for their good behaviour Selden prayed that his suerties for his bailment might be taken and the matter of the good behaviour omitted as a distinct thing and all the rest of the prisoners stood to the same that Selden moved but the Court remanded them to the Tower because they would not find suerties for their good Behaviour It was intimated to them from good hands that if they would petition the King they should be discharged and all the trouble ended but they refused to do it and were detained in prison Sir Miles Hobert and some other prisoners moved the King's Bench for some more freedom in their imprisonment but then it could not be obtained In the same Term an Information was exhibited by the King's Attorney against Selden Hollis and Valentine in the King's Bench setting forth the same Matters in effect as were in the Information in the Star-chamber The like was against Sir John Elliot and for the words spoken by him in Parliament That the Council and Judges conspired to trample under their feet the Liberties of the Subject and the Privileges of Parliament This was said to be done by way of Conspiracy by all the Defendants as to their Actions in Parliament and that it was done falso malitiose seditiose to sowe discord between the King and the Great Ones and People And he said it to be Vi armis that they forced the Speaker to keep in his Chair The Defendants pleaded to the Jurisdiction of the Court because the offences
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
it was held fit that they should contribute largely towards the preservation of their own Hierarchy Accordingly orders were issued from the Council to the Archbishops of Canterbury and York requiring them to send forth directions to all the Bishops within their Provinces to assemble the Clergy of their Diocesses and to invite them to a liberal aid With theirs and the voluntary contributions of divers of the Nobility and Gentry the King had gotten together a considerable power whereof the Earl of Arundel was made General The King sets forth a Declaration to inform his Subjects of the seditious practices of some in Scotland seeking the overthrow of Regal power under false pretext of Religion Discovers their traiterous Intentions by the multitudes of their Pamphlets and Libels against Regal authority and by their letters to private persons inciting them against the King by their Covenanters private meetings in London and other places of the Kingdome by their contempts and protests against his commands by rejecting his Covenant and taking up a Covenant of their own of conspiracy against him and by their hostile preparations of Arms. He Remonstrates all the former passages of his Grace Clemency and Indulgence towards them and their undutiful Returns and their Insolences by erecting a Print raising Taxes blocking up and besieging his Castles taxing his Subjects slighting his Councillors and setting up of Tables He takes God to Witness he is constrained by these their Treasons to take arms for the safety of that and this Kingdome He resolves to maintain Episcopacy there and Refers to a larger Declaration coming forth To this the Covenanters answer by theirs at Edenburgh That though the secrets of God's way cannot be founded yet considering his providence in their personal affairs the Lord is about some great work on Earth for the Cup of affliction propined to other reformed Kirks is now presented to them although instead of a gracious return of their humble petitions from time to time the return is a late Declaration libelled against them though the gates of Hell shall not prevail against their cause and the Kingdome of Jesus Christ now in Question which Declaration proceeds from the unchristian Prelates and their Party they mention their long suffering of the Prelates insolency against their Ministry Purity of Doctrine their Reformation fearing Popery to be Introduced And for doing any harm to England cursed be their breasts if they harbour any such thought Implore the good opinion of their well affected Brethren in England and to conclude their War defensive they cite the Law natural and civil That it is enough for defence that the offer of offence or just fear of offence go before as we profess it to be our case at this present even the defence of God and his Religion Their Remonstrances Declarations and Pamphlets were dispersed and their Emissaries and Agents Insinuated into the company of all who were any way discontented or galled at the proceedings of the State of England The Gentlemen who had been Imprisoned for the Loane or distrain'd for the Shipmoney or otherwise disobliged had applications made to them from the Covenanters and secretly favoured and assisted their designs so did many others especially those inclined to the Presbyterian Government or whom the publick proceedings had anywise distasted Anno 1639. Car. 15 The King's Army being in readiness the Earl of Arundel their General the Earl of Essex Lieutenant General the Earl of Holland General of the Horse the Navy stored with Corn and Ammunition was intrusted under the Command of Marquess Hamilton their Admiral He sailed to the Frith in Edenburgh and there Anchored loitering for the King He received a Visit from his Mother a rigid Covenanter which caused the rest to interpret That the Son of such a Mother would do them no harm The King's Army were to rendevouze at York and in their March thither in several Companies many Insolencies Robberies and Murthers were committed by the Souldiers in the Countries where they passed to the further discontent of a great number of the King 's faithfull Subjects At York the King with his Council revokes and makes null a great number of unlawfull Grants and Projects which he had formerly passed to the greivance of his people In most whereof the Marquess and the Scots had a hand and share The Earl of Holland General of the Horse had gallantly furnished himself with Horses and all other necessaries The King's Army as gallant as ever attended any of his Predecessors into Scotland marched to Berwick in gaze of the Enemy and there was onely an Interview of each Army but no fighting By the way the King gave leave to the Scots to apply themselves for mercy by capitulation of the Earls of Roxborough and Trequayre and they were to meet him at York where one of them was committed for tampering with some English Lords And Trequayre was confined at Newcastle but both of them were soon released and sent home after they had done some secret business tending to the betraying of their King to their Companions and provided for Intelligence After this the courage of the English Lords seemed to be cooler than before and the Scots advanced the Earl of Holland with his Horse Brigade observed onely their motion and so retreated and the English Foot retired more hastily The English hasten to the overtures tending to pacification and persuade the King not to enter Scotland by way of Invasion which would irritate them the more but to incamp on English Ground The Scots Commissioners sent for the pacification fall down at the King's Feet humbly profess their Loyalty and Obedience and desiring onely the injoyment of their Religion and Liberties After some treaty by Commissioners on both parts Articles of pacification were concluded to this effect 1. The Forces of Scotland to be disbanded within 24 hours after the agreement 2. The King's Castles Ammunition c. to be delivered up 3. His Ships to depart after the delivery of the Castles 4. All persons Ships and Goods detained by the King to be restored 5. No meetings Treaties or Consultations to be by the Scots but such as are warranted by Act of Parliament 6. All fortifications to desist and to be remitted to the King's pleasure 7. To restore to every man their Liberties Lands Houses Goods and Means These Articles were signed by the Scots Commissioners and a present performance of them on their part promised and expected The Scots published a paper very Seditious and against the Treaty which was burned by the hand of the Hangman The King justly performed the Articles on his part but the Scots kept part of their forces in Body and all their Officers in pay The King informed of this was highly displeased but unwilling to doe any thing to the Interruption of the pacification and what was agreed upon by his Commissioner the Marquess Hamilton which his Majesty had confirmed The Covenanters keep up their
Fortification at Leith and their meetings and Councils and inforce Subscription to the late Assembly at Glasgow contrary to the King's declaration they Brand those who had taken Arms for the King as Incendiaries and Traytors and null all the Acts of the College of Justice Matters being in this doubtful posture the King had little mind to see himself affronted and thought that these distempers might be better born and sooner quieted at a distance Therefore towards the latter end of July he returns to England This year was the great and strange Eruption of fire near the Ferrera Islands with a horrible noise and carrying a huge quantity of earth with it whereby became a new Island and continuing in burning The King being returned to London with his pacification the same was not well relished by many of his Subjects who held it dishonourable to him and to this nation especially having so brave an Army with him far exceeding the Covenanters forces both in Horse and Foot by whom he might have constrained them to reason but those who inclined to Presbytery or were discontented at some publick actions were the better pleased with this pacification August 6. According to the King's Direction the general Assembly â—ate at Edenburgh who abolished Episcopacy the 5 Articles of Perth the high Commission the Liturgy and the Book of Canons all this was assented to by the Earl of Trequayre the King 's new Commissioner The Marquess Hamilton having gotten himself out of this troublesome imployment The Assembly being risen the Parliament sate and highly debated about the choice of the Lords of the Articles in regard the Bishops were abolished The Ancient course was that the King first named eight Bishops they chose eight Noblemen who chose so many Barons and they the like number of Burgesses these thirty two with eight officers of the Crown made up fourty who were to consider upon such Articles as were to be brought to Parliament and this Committee were called Lords of the Articles The Commissioner demanded that the King instead of the eight Bishops whom he used to name might now in their place name eight Noblemen which for this time was consented to but voted that for the future every State should chuse their own Commissioner Anno 1639 Then they debated about constituting the third Estate and what to be brought in in lieu of the Bishops The Commissioner urged for the King to have 14 Laicks of such as were called Abbots and Priors to represent the third Estate but it was voted that the third Estate should be compleated by small Barons who represented the Commonalty Then they framed an Act rescissory touching the Exchequer Judicatory Proxies and Ward-Lands to the displeasure of the King who apprehending them to indeavour a new form of Government and to eclipse his Regal Power order'd his Commissioner to prorogue them Which being signified to the Parliament they made a Declaration that this Prorogation was of no force in Law being without consent of the Parliament that they might justify their continuance of sitting but in regard to his Majesty they would only at present make a Remonstrance to him of the reasons of their Propositions and Proceedings after which if their Enemies should prevaile by false suggestions that then it should not be to them an imputation that they were constrain'd to take such course as might best secure the Kirk and Kingdom from the extremity of Confusion and Misery Their Deputies the Earl of Dunferlin and the Lord Loudon came to the King with this Remonstrance and there was come the Earl of Trequayre the King's Commissioner a Committee of the Council heard both Parts and many passionate Expressions and Recriminations between them The Deputies justified the Acts of the Assembly and Parliament and desired they might be ratified the which the Committee thought not fit to be done as lessening the Sovereign Authority and that there was no way but by force to reduce the Covenanters The Scots had delivered a Paper to some of the English Lords intituled some Conditions of His Majestie 's Treaty with His Subjects of Scotland before the English Nobility The Privy Council judging this Paper to be false and scandalous to his Majesty and the late Pacification were suitors to His Majesty that it might be burnt by the hand of the Hangman and all Copies of it to be brought in for which a Proclamation was issued The Spanish Fleet of about 70 Saile bound for Dunkirke with recruits of Men and Money met with some of the Holland Fleet and sank two of them the rest made to Dunkirke where the Holland Admiral lay who came forth with his Fleet and joyning together betwixt Dover and Callice attacked the Spanish Fleet took two of their Gallions sunk another and shatter'd the rest though but 25 Saile and the Spaniard's 60 and having forced them upon the English Coast near Dover the Dutch fell off to Sea not willing to attempt any thing against the Spaniard within the Dominions of the King of England The Spanish Resident in London importuned the King to keep off the Hollanders for two Tides the Dutch Ambassador made application to him against the Spaniards the King in amity with both resolved to stand newter and forbids His Subjects to transport any of the Spaniards to Dunkirke but their Admiral by night conveyed away 14 Dunkirke Ships and 4000 men in them The King sent the Earl of Arundel on Board the Spanish Admiral Don Antonio D' oquendo to desire him to retreat upon the next fair Wind because he would not have any Ingagement upon His Seas but the Wind continued long contrary and the Dutch had great Supplies wherewith they encompassed their Enemies within Pistol-shot for some days At length Van Trump the Dutch Admiral ingaged them and by Cannon and Fire-ships forced them to cut their Cables and of 53 Spanish Ships 23 ran on shoar and stranded in the Downs of which three were burnt two sunk and two perished on the shoar the rest were manned by the English to save them from the Dutch With the other 30 Ships Don Oquendo put to Sea where in a Fogg the Dutch again ingaged them fired the Admiral of Portugal took 11 of their Ships three were lost upon the Coast of France one near Dover five sunk in the Fight and onely 10 escaped with their Admiral Oquendo into Dunkirke This Armado was believed by many to have been designed for an Invasion of England and many Discourses pro and con were vented about it The Prince Elector came into England by advice of the Prince of Orange to solicite his Uncle to procure him the command of the Army of Duke Bernard who was lately dead the King desired the French Ambassadour to move it to his Master who willingly undertook it and that Cardinal Richlieu would be ready to further it In the mean time the Prince by ill advice passed through France in disguise to
go towards the Swedish Army but the King's Fleet in the Downs saluting him by the way and his own Ship discharging a Vollay at his landing at Bolloigne and by other means he was discovered and denying himself upon examination he was secured by a Guard and the King of France took this Passage ill from him and he was a great while kept in the nature of a Prisoner The Scots Commissioners returned home to Edenburgh the same night the 19th of November that a great part of the Castle Wall fell down with the Cannons mounted which some of the Covenanters supposed to be done by way of treachery to them and opposed the reedifying of it by the King's Command not permitting Materials to be brought to repair it Whereat the King was highly offended and concluded upon force to bring them to obedience for which end he chose a select number of His Council into the Cabbinet of the Scottish Affairs Some gave out that this was done by the Archbishop Laud's advice and to keep out Pembroke Salisbury Holland and others late Commissioners in the Pacification whom the Arch-bishop is said to call the hunting Lords but Hamilton was kept in at last their number was brought to three onely the Archbishop Strafford Lieutenant of Ireland and Hamilton This Junto met the 5th of December where the King discoursed of the present Evils and necessity of suddain preventing the growth of them before it should be beyond remedy which he declared in his Judgment ought to be by the assistance and consent of a Parliament in England Strafford acknowledged it the best means and highly approved and magnified the King's Resolution herein the Archbishop was said to agree therein and Strafford had the honour of the Peoples good opinion for promoting this Resolution A Parliament was likewise to be called in Ireland and Strafford to go thither and return back again to the Parliament here which was appointed to meet the 13th of April following In the mean time and it was a strange time for such a Business so near the sitting of a Parliament the King tells his Lords That it will be long ere the Parliament meet and Subsidies granted by them will be long in levying In the Interim his Affairs will suffer without some speedy course for Supplies Hereupon the Lords told him they would engage their own Credits Strafford begins and subscribes for Twenty thousand pounds Richmond the like Hamilton excuseth himself for poverty most of the rest subscribed and some few refused The Judges and Officers of Courts of Justice Ecclesiastical and Temporal were assessed by the Councel according to the Quality and Profit of their Places The Queen employed Sir Kenelm Digby and Mr. Walter Mountague to labour the Papists for a liberal Contribution to the King which they gained and thereupon some styled the Forces raised The Popish Army The News of a Parliament to be called raised the Expectations of many for good and did set divers on labouring to get themselves to be chosen Parliament-men and the Courtiers to get their Friends chosen The beginning of January died the Lord Coventry who had been Keeper of the great Seal above fifteen years He raised a great Fortune and Barony for his Posterity was of no transcendent Parts or Fame but as some gave out He died in a seasonable time The Scot's Covenanters sent new Commissioners to the King The Earl of Dunferling the Lord Loudon Sir William Douglass and Mr. Berkeley the two last not mentioned in the Commission The Lords only authorized to plead Integrity and demonstrate their Fidelity but not impowred to propose any Particulars towards a Mediation to the King's satisfaction They had great Resort to them and many secret Councels held with them by the discontented English chiefly by those who favoured Presbytery and were no friends to Bishops or had suffer'd in the late Censures in the Star-chamber Exchequer High Commission and other Judicatories Those also who inclined to a Republick had much Correspendence with them and they courted all fomented every Discontent and made large and religious Promises of future happy times The Earls of Essex Bedford Holland the Lord Say Hampden Pym and divers other Lords and Gentlemen of great interest and quality were deep in with them The Covenanters in this time imprison divers Lords and others affected to the King's Service They procure from the Hollanders divers Officers Scots and others with liberty to keep their Commands there and great store of Arms and Ammunition upon trust but those Officers in the Hollanders Pay who came over to serve the King were there cashiered the King would say of them both That they were lost by favours and won by punishment The Covenanters proclaim their Discontents and implore Aid from the French King by a Letter under the hands of many of their Principal Actors which they the less doubted upon confidence of Cardinal Richlieu and Con the Pope's Nuntio The Original Letter hapned to be brought to our King and it being found to be the character of the Lord Loudon he was though a Commissioner from the Covenanters committed to the Tower It was said they were encouraged to take Arms from Cardinal Richlieu by his Chaplain Chamberlain a Scot whom he sent to them and by Letters which Hepburn a Page to his Eminence brought to divers here and in Scotland They seized upon Edenburgh Sterlin and Dunbarton Castles They are reported likewise to offer the Isles of Orkney and Shetland to the King of Denmark and to desire Assistance from him and from the Swedes Hollanders and Poland That the Jesuits had their Hands and Wits in promoting these Troubles is set forth in a long Letter to the Archbishop Laud from a Noble-man of Bohemia one Andreas ab Habernfield which Mr. Pryn hath published in Print upon trust as he useth to do as well as others Mr. Bagshaw was Reader of the Middle-Temple in the Lent Vacation this year He was a hard Student and much inclin'd to the Nonconformist's way and to publish some of his Learning in favour of them He chose for his Statute to read upon 25 Edw. 3. ch 7. In his speech in the Hall he said He had intended to meddle with Prohibitions but not with Tacitus to follow truth too neer the heels for fear of his teeth nor too far off lest he lose it and so neither to offend nor be offended In his first Case he made one Point Whether it be a good Act of Parliament which is made without assent of the Lords spiritual The Reader argued Affirmatively 1. That they do not sit in Parliament as Bishops but by reason of the Baronies annexed to their Bishopricks which was done 5 W. 1. and all of them have Baronies except the Bishop of Man and he is not called to Parliament 2. He cited some Parliaments to be held without any Bishops Kelwayes Reports 7 Hen. 8. fol. 184. That the presence of Bishops in
next day he was accused before the Lords but he got up earlier gave them the slip and escaped into Holland The House of Commons upon debate of the Inconveniences by the intermission of Parliaments they appointed a Committee to bring in a Bill for a Triennial Parliament This Committee met often and was much frequented by all the Grandees of the House then in most repute after diverse and great debates and consultations they agreed upon the frame of a Bill as the same is extant The King taking notice thereof and of the many Petitions from several Counties subscribed with multitudes of hands and presented by great numbers of people and all the Petitions mentioning the late exorbitances and concluding for frequent Parliaments and against the Hierarchy of the Bishops The King being informed thereof and mistrusting the Inclination of the Parliament speaks to both Houses Of their slow Proceedings and the Inconveniences thereby in maintaining two Armies in the Kingdom at excessive charges and of the weakness of his Navy and Forts He takes notice of the strange Petitions from Counties against the established Government of the Church tells them He makes a difference between Reformation and Alteration of Government that he is for the first but not for the latter He will not say but that the Bishops may have over-stretched their power and incroached upon the Temporal If they will reform the Abuse he is with them he will consent to take away some temporal authority if they have any inconvenient to the State and not necessary to the support of Episcopacy But he cannot consent to the taking away their Voice in Parliament which they have so anciently enjoyed even before the Conquest and since and which he conceives he is bound to maintain as one of the fundamental Institutions of this Kingdom He wishes them to eschew another Rock upon the Bill for frequent Parliaments which he likes well but to give power to Sheriffs Constables and he knows not whom to doe his Office that he cannot yield unto The King had reprieved one Goodman a Priest who was condemned at the Old Baily the Commons desire the Lords concurrence and both Houses Remonstrate to the King the danger thereof in these times and the increase of Popery and boldness of Papists in resorting to Mass in London the King leaveth him to the Parliament The Treaty with the Scots Commissioners proceeded at London and their Demands were in effect all yeilded unto Upon their Seventh Demand from the Justice and kindness of the Kingdom of Reparation for their Losses and Charges a long Debate was in the House of Commons about framing the Words of the Question and the stating of it The Question stated was to give them Three hundred thousand pounds as a brotherly assistance towards their charges and losses The House commanded Mr. Speaker to write to the City of London to advance Sixty thousand pounds upon Security out of the next Subsidies which was done accordingly and several other Sums were advanced by them upon Security of the House for supply of the King's Army and providing for the Northern Counties The Dutch Ambassadour here made an Overture of a Marriage between William the young Prince of Orange and the King 's eldest Daughter the Princess Mary to which the King was well inclined but as his Condition then stood he thought fit to acquaint the Parliament with it which he did in a Speech to the House of Lords and That he thought the Alliance with the Prince and the Vnited Provinces would be of much Advantage to this Kingdom and shewed his Reasons for it The Proposition was generally affected and imbraced by all the People and without fears or jealousies upon our Liberties or Religion and was soon concluded The House of Commons sent up a Message to the Lords to acquaint them that the Commons were informed of a great Design of the Papists an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland well Armed and in Pay raised by the Earls of Strafford and of Worcester this gave occasion for many other Petitions but nothing was made out of the Rumour thereof February 13 1640. Sir Robert Berkley one of the Judges of the King's Bench who gave his Opinion for Ship-money was Impeached by the Commons of High Treason in the Lords House and by their Command Maxwell the Usher of the Black Rod came to the King's Bench when the Judges were sitting took Judge Berkley from off the Bench and carried him away to Prison which struck a great terrour in the rest of his Brethren then sitting in Westminster-hall and in all his Profession This Judge was a very learned man in our Laws and a good Orator and Judge moderate in his ways except his desires of the Court-favour He redeemed himself afterwards by supplying the Parliaments Occasions with Ten thousand pounds and ended his days in a private Retirement Yet not without considerable gains by his Chamber-practice and left a plentiful Fortune to his Family The Committee for the Bill of the triennial Parliament had taken a great deal of pains in the framing of it and it being past both Houses the King was not without some Difficulty as it was reported perswaded to give the Royal Assent to it which he did in his Speech to both Houses setting sorth His Confidence thereby in them and in their future Proceedings and the favour he now did to his Subjects The King then also passed the Bill of Subsidies and both Houses by the Lord Keeper Littleton returned their humble thanks to his Majesty and by their Order were Bonefires and Bell-ringing signs of Joy throughout the City Mr. Pym was sent from the House of Commmons to the Lords with the charge of High Treason against the Archbishop Laud who was thereupon committed to the Tower Articles of Particulars against Episcopal Government were presented to the House of Commons annexed to some Petitions and being read in the House were referred to a Committee The Lord Digby spake smartly against them and for Episcopacy but not many others were very eager for them The Commons the tenth of March Voted That no Bishop shall have any Vote in Parliament nor any Judicial power in the Star-chamber nor bear any Authority in Temporal Matters and that no Clergy-man shall be in Commission of the Peace The King of Spain was brought low by the Defection of Catalonia Portugal and part of the Indies the loss of Arras and his ill Successes in Italy besides the approach of the Swedish War to the back of the Danube but this year was very fortunate to the French The Spaniards ill Success was attributed to the ill management of Affairs by the Conde de Olivarez his Favourite hated by the People as is usual And the good Successes of the French were attributed to the prudence of their Cardinal Richlieu He Invites the Duke of Lorrain to Paris where he was highly caressed but
of England and Ireland Then a sealed Paper was produced which being opened and read appeared to be sent from the Parliament of Ireland declaring that the Commons there had Voted the Earl guilty of high Treason At this the Earl being much transported said There was a Conspiracy against him to take away his life The Committee of the House of Commons took hold of those words and required Justice from the Lords against the Earl who standing Impeached of high Treason accused the Parliaments of two Kingdoms of a Conspiracy against him Hereupon the Earl falling upon his knees humbly craved pardon for the Inconsiderateness of the expression protesting seriously that he did not thereby intend either Parliament but some particular persons and so that Matter was past over Then the Committee offered to the Lords three new Articles to be annexed to the Charge and desired that the Earl might presently give his Answer to them To which the Earl replyed That the Process being closed he hoped he should not be ordered to answer any adventitious and unexpected Charge without more convenient time assigned But the Lords finding the Articles to be of no great Importance he was urged to a present Answer which he then made to them March the 24th the Committee proceeded upon the Articles of the Charge and after Glynne had ended his part Maynard proceeded upon the following Articles and after him Mr. Palmer managed the ensuing Articles as to the aggravation of them and inforcing the Evidence upon them and his part extended to the seven last Articles upon the which Whitelocke was appointed to manage the Evidence Anno 1641. Car. 17 These Articles on his part were Matters of very high nature and some of them particularly the twenty fourth Article relating to the design of bringing over the Army in Ireland into Scotland and so to England to reduce this Kingdom Whitelocke having spoken with Sir Henry Vane the elder and with the other Witnesses to the twenty fourth Article and finding that their Testimony would not make good the Matter of that Article thought it not honourable for the House of Commons to proceed upon an Article whereof they could not make a clear proof and thereupon proposed it to the Committee to omit that Article in his proceedings The Committee were of the same opinion but upon Sir Walter Earle's undertaking to manage it they left that Article to him upon which Whitelocke after he had inforced the Evidence upon the twenty third Article sate down and Sir Walter Earl with much gravity and confidence began to aggravate the Matters in the twenty fourth Article and the dangerous Consequence and high Crime in it and called forth the Witnesses to prove the particulars which he had at large opened Some of the Witnesses were not in England those of them who came in being sworn spake little to the purpose and did not prove the Matter at all of that Article upon which the Knight was very blank and out of countenance But the Earl of Strafford who lost no advantage of his Defence rising up from his Seat made a low obeysance as he was used to do to the Lords and spake to this effect My Lords I am a poor Gentleman a Prisoner at the Bar against whom several persons learned in the Laws and of great ability for pleading and strength of reason and other noble persons of great parts and eloquence have enforced the particular Matters of my Charge and I had well hoped they had been drawing towards an end But now my Lords unexpectedly a new and great Pleader sets upon me tired out before and this noble Knight hath laid a heavy burden indeed upon my shoulders he hath opened more hainous Crimes against me than all those Gentlemen who have gone before The learned Gentleman who urged the Matters of the last Articles against me when he came to this twenty fourth Article sate down and seemed to decline it and yet he left nothing material which was not urged home by him But this noble Knight goes beyond all and indeed beyond the Article it self observing things not contained in it and impossible to be And could he have proved this it had been truly a Miracle But I humbly beg your Lordships pardon I am not willing to spend any of your time impertinently I shall only say this That where nothing is proved against me I know your Lordships great wisdom and justice will expect no defence from me After the Earl was sate down the Lord Digby stood up and in a very witty rhetorical speech took off Sir Walter Earle Desired their Lordships to pass by a mistake that this Article was not intended for prosecution as might appear by the Gentleman 's declining of it who managed the former He moved That this twenty fourth Article might be omitted and their Lordships not to receive any further trouble in the urging of it or defence to it and that they would be pleased to look upon what that noble Knight had said but as a Superfâ—tation After the Lord Digby had spoken Whitelocke presently rose up and after the Lords 〈◊〉 done smiling he proceeded with the twenty fifth Article The Queen who was present at the Tryal inquired who that Knight was whom the Lord Digby relieved and being told his name was Sir Walter Earle She said that water Dog did bark but not bite but the rest did bite close The Earl of Strafford speaking of the Committee who managed the Evidence against him and particularly of the Lawyers said to a private friend that Glynne and Maynard used him like Advocates but Palmer and Whitelocke used him like Gentlemen and yet left out nothing material to be urged against him When the Committee had gone through all the Articles they moved That if the Earl had any thing to say further in his defence that he might do it the Earl obtained with difficulty time till the next Morning The next day both Houses being met the Lieutenant of the Tower acquainted them that the Earl had been extream ill the last Night of a violent Fit of the Stone and was not able to come abroad this Day and humbly desired their Lordships excuse This caused them to adjourn to the next Morning and in the Afternoon some of the Lords were sent from the House to see in what condition the Earl was who found him somewhat recovered and he hoped so as he might attend them the next Day Then the House met again April the 10th and the Commons desired liberty to produce an additional piece of Evidence to the twenty third Article The Earl craved the same liberty for himself concerning some Testimonies not yet exhibited on his behalf this the Committee opposed but the Lords thought it equal and after a warm Debate upon it the Commons rose in some discontent not so much as appointing a day for their next meeting April 12. In the House of Commons Mr. Pym produced a Paper of some Notes taken by Secretary Vane
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
called them Straffordians This being informed to the House by some who were named in that List as a high breach of the Priviledge of Parliament yet being the act of a Multitude no redress was endeavoured These Tumults were accompanied with an Information of some practice in the North to distract the English Army and to debauch them against the Parliament These Passages occasioned a Debate in the House of Commons about a National Protestation to maintain the Protestant Religion against Popery the King's Person the Power of Parliament and the Rights and Liberties of the Subject May 5. This Protestation was taken by the Commons House the next day by the Lords and ordered to be generally taken by all the People of England The House of Commons then took in debate the raising of Moneys to satisfie those great Accounts of the two Armies with which the Kingdom was so highly burthened wherein a Lancashire Knight offered to procure his Majesty 650000 l. till the Subsidies should be raised if he would pass a Bill Not to Prorogue Adjourn or Dissolve this Parliament without Consent of both Houses to indure till the Grievances were redressed and to give the Parliament Credit to take up Monies This was well liked by many Parliament-men who upon the passing of such a Bill would sit the surer and the longer in their Saddles and they were so hot upon it that the same Afternoon they made a Committee to bring in such a Bill the next Morning and Whitelocke was named to draw the Bill Of forty five Lords twenty six Voted the Earl guilty of high Treason upon the fifteenth Article For levying Money in Ireland by force in a warlike manner And upon the nineteenth Article For imposing an Oath upon the Subjects in Ireland The Bill for continuance of the Parliament was brought into the House the next Morning after it was propounded and the same day it was perfected and past the House of Commons This Bill and the Act of Attainder being both past by the Commons a Conference was had with the Lords after they had passed them and a Message sent by some Lords to the King to intreat his Answer who promised to satisfie them within two days The King being much perplexed upon the tendring of these two Bills to him between the Clamours of a discontented People and an unsatisfied Conscience he took advice as some reported of several of the Bishops and of others his intimate Counsellors what to doe in this intricate Affair and that the major part of them urged to him the Opinions of the Judges that this was Treason and the Bill legal They pressed likewise the Votes of the Parliament That he was but one man that no other Expedient could be found out to appease the inraged People and that the Consequences of a furious Multitude would be very terrible Upon all which they perswaded him to pass the Bills But the chief Motive was said to be a Letter of the Earl of Strafford then sent unto him wherein the gallant Earl takes notice of these things and what is best for his Majesty in these streights and to set his Conscience at liberty He doth most humbly beseech him for prevention of such mischief as may happen by his refusal to pass the Bill to remove him out of the way towards that blessed Agreement which God I trust shall for ever establish betwixt you and your Subjects Sir my Consent herein shall more acquit you to God than all the world can do besides To a willing man there is no Injury done By these Passages and by some private dealings the King was perswaded to sign a Commission to three Lords to pass these two Bills and that he should ever be brought to it was admired by most of his Subjects as well as by Foreigners After he had signed these Bills the King sent Secretary Carleton to the Earl to acquaint him with what was done and the Motives of it especially the Earl's Consent who seriously asked the Secretary whether his Majesty had passed the Bill or not as not believing without some astonishment that the King would have done it And being again assured that it was past he rose up from his Chair lift up his Eyes to Heaven laid his Hand on his Heart and said Put not your trust in Princes nor in the Sons of men for in them there is no Salvation Great Censures as in all great businesses were past upon the King 's passing of both these Bills That the one was against his most faithful Servant and the other against himself Certainly he had great remorse thereupon and the next day May 11. he sent a Letter by the Prince to the Lords written all with his own hand That they would confer with the House of Commons to spare the life of the Earl and that it would be a high Contentment to him Some did not stick to say that this was promised to him before he signed the Bill of Attainder and to bring him to it But now the Lords House did not think fit to consent to his Majestie 's desire therein May 12. The Earl was brought to the Scaffold on the Tower-hill as he passed by he looked up to the Window where the Archbishop lay who spake to him with comfort and courage He made on the Scaffold a most ingenious charitable and pious Speech and Prayers gave some Directions touching his Children and died with charity courage and general lamentation Thus fell this Noble Earl who for natural Parts and Abilities and for improvement of knowledge by experience in the greatest Affairs for wisdom faithfulness and gallantry of mind hath left few behind him that may be ranked equal with him The Design for the Earl's escape out of the Tower was related to be discovered by three women who peeping and hearkning to the discourse of the Earl with Captain Billingsley they at the Key-hole of the Earl's Gallery-door heard them confer about the falling down of the Ship to take in the Earl and Billingsley brought a Warrant from the King with two hundred men to be received into the Tower for the safety of it but Sir William Balfour the Lieutenant refused to admit them suspecting that they came to further the Earl's escape Balfour confessed that two thousand pounds were offered him to consent to the Earl's escape and the Earl himself did not deny a Design which he said was only for his remove to some other Castle But Balfour was true to the Interest of his Country-men the Covenanters and their friends in Parliament Divers great Officers of State resigned up their Places either accounting themselves insecure or to satisfie others May 17. The Lord Cottington gave up his Place of Master of the Wards which the Lord Say had conferred on him Bishop Juxon resigned his Office of Treasurer and five Commissioners were appointed to execute it for the time The Earl of Leicester was made Lieutenant of
mightily increased the Scots Successes animated other Subjects to their illegal Pretences and impious Actions and in this time of the King's absence in Scotland the Irish Flames of Rebellion brake forth having been thus kindled The last year the Parliament at Dublin sent a Committee hither with a Remonstrance to the King of their Grievances and Pressures under the Government of the Earl of Strafford whom they had accused of high Treason The King gave them most favourable Answers and Redresses and parted with much of his own to give contentment to his Irish Subjects Mr. Wainsford Deputy there to the Earl of Strafford Lieutenant being dead the King by Commission constituted the Lord Ditton and Sir William Parsons in the Government there but finding Ditton not well liked he made Sir William Parsons and Sir John Borlace generally approved to be the Lords Justices there These applyed themselves to give all satisfaction to the people they abated the Subsidies given in Strafford's time from 40000 l. to 12000 l. Passed an Act of Limitation much desired to settle all Estates for sixty years precedent and another for relinquishing the King's Right found for him by Inquisition to four Counties in Connaght and other Territories He declared the Earl of Leicester Lord Lieutenant of Ireland and the Papists there were permitted a private enjoyment of their Religion and a general good Agreement was had between the English and Irish In this Security the Irish Army was disbanded after which and in the King's absence in Scotland about October 23. there brake forth so horrid black and flagitious a Rebellion in Ireland as cannot be parallell'd in the Stories of any other Nation This was fomented and contrived by their Popish Priests and Lawyers some of their Maxims in Law were That any one being slain in Rebellion though found by Record gave the King no Forfeiture That though many thousands were in Arms and exercising the violences of War yet if they professed not to rise against the King it was no Rebellion That if one were Outlawed for Treason his Heir might reverse the Outlawry and be restored These and the like Tenets they published in their Parliaments and endeavoured a Suspension of Poyning's Act and the Act for annexing that Kingdom to the Crown of England and assumed a power of Judicature in Criminal and Capital Causes to be in their Parliament They took advantage of the Scots Sucesses of their Favourers in England and our Distractions here of the disbanding the Army there and the Death of the Earl of Strafford They raise Forces give out that the Queen was in the head of them and the King was coming with an Army to them and the Scots had made a League with them that they were authorised by the King's Commission and asserted his Cause against the Puritans of England To their Country-men they scatter Advertisements out of England of a Statute there lately made That all Irish shall come to the Protestant Worship on pain of loss of Goods for the first Offence of Lands for the second and of Life for the third Offence They give them hope to recover their Liberties and ancient Customs to shake off the English Yoke to have a King of their own Nation and to possess Goods and Estates of the English These Motives they published in Print That the King and Queen were curbed by the Puritans and their Prerogatives abolished which these as loyal Subjects take to heart and that the Catholick Religion is suppressed in England and the Catholicks there persecuted with all rigour even to death and that the Puritans in Ireland have threatned to doe the same there That in Ireland the Catholicks are made uncapable of any Office to the decay of them in their Estates Education and Learning That the Government of their Country is in the hand of Strangers who come thither poor and mean yet soon rise to wealth and honour by oppressing the Natives That there have been threatnings to send Forces to compel the Consciences of the Irish and to cut their Throats and that the Catholicks are not allowed to have any Arms or Ammunition but the Protestants and Puritans may Vpon all which they saw no way but to attempt to seize upon Arms where they could get them to save their Lives maintain the King and Queen their Religion and Country Upon these pretences and manifest untruths they ground their taking up of Arms. The first suspicion whereof was by Sir William Cole who about Octob. 11. wrote to the Lords Justices of great resort to Sir Phelim Oneale and to the Lord Macquierre and they were exceeding busie about dispatches About October 21. He wrote another Letter to them of what some Irish had revealed to him of a design to seize the Castle of Dublin to murther the Lords Justices and Councel and all the Protestants there and throughout the Kingdom But this Letter came not to their hands When many of the Conspirators were come to Dublin and met there at a Tavern one Owen O Conelly an Irish-man but a true Protestant came to Sir William Parsons about Nine a Clock at Night with a broken relation of a great Conspiracy to seize the Castle the next morning and that Mac Mahon who was one of them had told him so much Parsons seeing Conelly distempered with drink gave the less credit to his relation but wished him to return to Mac Mahon to get out of him what he could further of the Plot and to return to him again that Night Yet he did not so slight the Information but that secretly he ordered strong Guards in several places and assembled the Councel where they expected the return of Conelly who coming to them was seized on by the Guards who had carried him to Prison and so prevented the discovery of the Plot had not a Servant of Sir VVilliam Parsons accidentally come by and rescued Conelly and brought him somewhat recovered of his drinking unto the Lords Justices and Councel who confessed that a few days before upon Letters from Mac Mahon he went to meet him at Connaght but he being gone to Dublin Conelly followed him thither and they two went to the lodging of the Lord Macquierre that by the way Mac Mahon told O Conelly that this Night there would be a great number of Irish Noblemen Papists in Dublin who with himself would take the Castle by Morning then force the City by the Ordnance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an Hour designed viz. to Morrow by Ten a Clock and that no posting nor speed could prevent it That Conelly moved Mac Mahon to discover it rather to the State to prevent the mischief But he answered He could not help it yet that they owned their allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and
to imitate Scotland who got ther Priviledge by that course And Mac Mahon swore that they would not part but go together to the Castle and if this Matter were discovered some Body should die for it Whereupon Conelly feigned some necessity of easement to go out of the Chamber left his Sword in pawn and Mac Mahon's Man came down with him into the Yard where in a trice he leaped over a Wall and two Pales and so came to the Lord Justice Parsons Examined Octob. 22. 1641. Owen O Conelly Presently upon this the Justices sent and seised Mac Mahon and his man and they before the Councell confessed all the Plot that on that very day all the Forts and Castles in Ireland would be surprised that he and Mac Guire and Hugh Bim Brian O-neale and others 20 out of each County were to surprise Dublin Castle Thatâ— all the Nobility and Gentry Papists were confederates herein and however they used him now in their power his bloud would be revenged Then Mac Guire and others were suddenly seised on and the Town filling with strangers the Councel removed into the Castle upon the Rumor hereof Bim and Moore and others chief of the Conspiratours escaped and divers others who found friends to help them but about fourty of the meaner sort of them were taken The next day the Lords Justices proclamed this discovery and that all good Subjects should betake themselves to their defence and to advertise them of all occurrences and that no levies of men be made for foreign service The same night the Lord Blancy arrived with the news of the Surprisal of his House his Wife and Children by the Rebells This execrable Rebellion began in Vlster and every day and hour ill news came of fearful Massacres upon the English which increased a fear of the like at Dublin by the Papists there The Council seised upon what money they could some Artillery Armes for 10000 men 1500 barrels of powder and match and lead stored by the Earl of Strafford The old Army was but 2297 foot and 943 horse and these dispersed Yet the Council sent to several Garrisons to march to Dublin They dispatched Letters to the King in Scotland and to the Lord Lieutenant in London of the Rebellion and the state of the Kingdom and the small number of their forces they pray supplies and that Conelly the discoverer and messenger may be rewarded All their dispatches were sent by Sea the Rebells having stopped the Land passages The Lords of the English pale repair to the Council offer their faith and service and the Rebels in Vlster by the latter end of October had possest themselves of allmost all that Province Such English as had gotten into any places of strength able to indure a siege yet upon good terms rendring themselves were sure to be murdered in cold bloud men women and children And for the Scots they professed they would and did indeed spare them that they might the more easily swallow them up afterwards Phelim O Neale a man but of mean parts or courage was their General he was of near alliance to the late Earl of Tirone bred in England a Student in Lincolns-Inn and till of late a Protestant lived lazily till now elected by his Countrymen to be their leader He with a numerous Rabble marched to Lisnagamy near the Scots and fell upon them without mercy with other forces he came up into the Pale took in Dondalke then marched to Ardee seven miles from Tredah The news from Dublin was posted to Tredah and there incountred with news of the Treacherous surprisal of divers Castles in the North. The Lord Moore brought some Horse to the Town whither he came to escape the Rebels The Town drew out some old peices scoured and planted them and four out of a Merchants Ship with some powder and Captain Gibson commanded there Sir Faithful Fortescue leaving his charge Some forces sallyed out upon the Rebels and got from them who hastily fled away some plunder and Cows and 80 Prisoners whereof six onely were hanged Many treacherous designs of the Town Papists fayled Sir Henry Tichburne came to be Governor with 100 horse and 1000 foot not without some Jealousie of the Protestants There was dropped in the streets a Declaration of the Catholicks of Ireland framed upon presumption that the design had been effected and to the like purpose as is before remembred The first Letters of the business from the Lords Justices and Council arrived at London the last of October and were delivered that evening Next morning the Lords House sent them down to the House of Commons by the Lord Keeper Lord Privy Seal and 14 other Lords who had chayrs in the House and sate while the Letters were read and then departed The House presently resolved into a Committee and ordered That 50000 l. be forthwith provided The Lords to be moved that Members of both Houses should move the City of London to lend this money That a Committee of both Houses consider of the affairs of Ireland O Conelly to have 500 l. presently and 200 l. per Annum in Land All Papists of quality in England to be secured None but Merchants to pass without Certificate to Ireland To all which the Lords agreed They voted many other particulars in Order to supply for Ireland and a pardon to be offered The Lords Justices and Council in Ireland neglected no means in their power by fortifying Dublin and other Castles and places and making provisions for defence against the Rebels they also granted out Commissions to diverse Noblemen and Gentlemen and some of them Papists whom they in prudence thought not fit yet to suspect though they afterwards joyned in the Rebellion with the rest They also delivered Armes to many of them who imployed them to cut the throats of the English such were the Lord Gormanstone and others and by the midst of November several Counties declared for the Rebels in Leimster and other Provinces the miserable English men women and children whom they took were savagely butchered by them and those who fled from them came to Dublin for Succour where wanting relief they perished so that the publick burying places would not contain their dead bodies The Lord Ormond and several others came with some forces to Dublin The Members of the Irish Parliament were discontented that it had been adjourned for so long a time as next February to please them they were called together for one day to make their Protestation against the Rebellion there was but a thin meeting of them and but a saint Protestation against the Rebels the Popish Members not induring to have it called a Rebellion but traiterous and rebellious actions of some persons against which they protested They sent Commissioners to treat with the Rebels in the North who tore the Order of Parliament and returned a scornfull answer The Lord Ditton and the Lord Taff coming for London were committed and their papers seised and
Age of 80 years dyed at his House at Waterstoke in Oxfordshire lamented by his Neighbours and Relations The King being returned from Dover to Greenwich sent his Answer to the Parliaments Petition concerning the Militia of the inconvenience and breach of his Right to have it settled as they desired And he sent for his two Sons to come from Hampton-Court to him to Greenwich Feb. 26. The House of Commons passed the Bill for the Adventures for Ireland That every one that would bring in and adventure money for the reducing of Ireland should have so many Acres of the Irish Rebels Lands proportionable to the money which they brought in and very good Bargains whereupon very great sums of money were brought in for that service The Parliament again and most earnestly press and importune the King to settle the Militia according to an Ordinance passed by them for that purpose the King excepts against it and shews his reasons why it was not fit for him to confirm it and then he goes to Theobalds Thither the Petition of the Parliament followed him yet more earnestly pressing him to confirm their settlement of the Militia in which Petition they plainly tell the King that the business of the settling of the Militia will endure no more delay and that if his Majesty shall still refuse to agree with his two Houses of Parliament in that business and shall not be pleased upon their humble advice to doe what they desire therein that then for the safety of his Majesty and of themselves and of the whole Kingdom and to preserve the peace thereof and to prevent future fears and jealousies they shall be constrained of themselves without his Majesty to settle that necessary business of the Militia The King much surprized at this home Petition yet sends his Answer and Reasons why he could not assent unto it but the Parliament Voted his Anfwers to the business of the Militia to be unsatisfactory and that the Kingdom be forthwith put into a posture of Defence They appoint a Committee to draw a Declaration upon the causes of their Fears and Jealousies and to consider what was fit further to be done and this was March 2. the next day after the King 's last Answer given to their Petition concerning the Militia Then Advertisements are given out of dangers from Neighbour Princes upon which the Earl of Northumberland Lord Admiral is commanded to fit all the Navy Royal for the Sea and private Owners of Ships are perswaded to doe the like Beacons are new made Sea-marks set up and great posting up and down with Pacquets all symptoms of the ensuing War The King being removed to Royston March 9. 1641. thither the Earls of Pembroke and Holland who had been before very intimate with the King and obliged to him were sent with the Parliaments Declaration mentioning the King's Misgovernments and his Actions By attempting to incense the late Northern Army against the Parliament Jermin's Treasons and transportation by the King's Warrant The Petition delivered to Captain Legg with the King 's own hand and signed C. R. The business of the Lord Kimbolton and the five Members The suspicious designing of a Guard about the King's Person The Vnderhand promoting of the Irish Rebellion The ordering of Sir John Penington to land the Lord Digby from thence to alienate the King from his Parliament and to procure foreign assistance to the King appearing more credible by his removal with the Prince and the many Advertisements from Rome Venice Paris and other parts of aid to be given to the King in reference to some design against Religion and the Parliament They desire the King to put away his wicked Counsellors and to put his trust in the Parliament which if he would doe they would Sacrifice their Lives Fortunes and utmost Endeavours to the supportation of his Sovereignty The Lords would have moved the King to have come nearer to the Parliament and to have granted the Militia for a time but it was refused Then he told them in short that their Fears and Doubts and Jealousies were such as he would take time to satisfy the whole world of but that his own were not trivial occasioned by so many Scandalous Pamphlets Seditious Sermons sundry Publick Tumults hitherto uninquired into and unpunished Sometime after he published a Declaration for further Answer to this effect That he had no evil Counsellors about him but leaves such to their Censure where they should find them That he desired the Judgment of Heaven might be manifested upon those who had any design against the Protestant Profession that the Scottish Troubles were silenced by the Act of Oblivion That the charging him with any inclining to the Irish Rebellion was a high and causless Injury That he never intended to exasperate the late Army or to use them against the Parliament That he signed Captain Leg's Petition to satisfy the Army and Sir Jacob Ashley of his Opinion That Digby and Jermin never were at Whiteh all nor had any warrant from him after the restraint That he had given sufficient Answer about Kimbolton and the five Members That the care of his own Safety caused him to raise a Guard at Whitehall and to receive the tender of the Gentlemen of the Inns of Court of their Service and that he looked upon their foreign Advertisements as wild and irrational The King removes Northward in the mean time the Parliament voted the Ordinance for the Defence of the Kingdom no whit prejudicial to the Oath of Allegeance but to be obeyed as the Fundamental Laws and the King's Commands for Lieutenancy over the respective Counties to be illegal and void In these Votes they received great incouragement and confirmation from the opinions of several of the Members of the House of Commons as Pym Hampden Hollis Stapleton and of Lawyers St. John Corbet L'Isle and divers others and chiefly from the confident opinion of the Lord Keeper Littleton concurring with them Others who went along with them were not yet clear of this Opinion From Huntington the King sends them a Message Mar. 15. That he means to make his residence at York and desires them to hasten their Succours for Ireland and not upon any pretence of an Ordinance to which his assent is not given as by Law it ought to doe against Law which he was to keep and his Subjects to obey Upon this Message from the King the Parliament were the more exasperated by a report from the Lords who were sent to him unto Royston that at the reading of that part of their Message concerning Mr. Jermin the King said that it is false and when they read that of Captain Legg the King said that 's a lye In answer to the King's Message from Huntington the Parliament note that the King's absence so far from his Parliament was obstructive to the relief of Ireland and therefore all those Counsellors that
persons in authority to put the Ordinance of the Militia in execution which the King declares to be no legal power in the Houses and commands that none do obey it and summons the Gentry of the County to York to whom he relates these illegal proceedings of the Parliament and tells them his purpose to have a guard onely to secure his person in which he desires their assistance And the rather because the Members that came with the last Message to the King returned to York and before them all these proceedings were had Sir Thomas Gardiner Recorder of London was impeached for advising the Lord Mayor to pay Ship-money and other illegal things and against Scotland and opposing the Parliament but he got to the King The County of York being Summoned the Committee prevailed with some of them to oppose the raysing of a guard for the King and the Parliament declared against it and that such as do are disturbers of the Peace The Ordinance of the Militia being now past and Lieutenants named for the several Counties they nominated their Deputy Lieutenants to the Parliament for their approbation The Lord Paget being named in the Ordinance and approved to be Lieutenant of Bucks he named Hampden Goodwyn Grenville Tyrrell Winwood and Whitelocke to be his deputy Lieutenants who were approved by the Parliament The Lord Paget not long after this began to boggle and was unfixed in his resolutions and upon the King 's publishing of his Commission of Array and Declaration against the Ordinance of Parliament for the Militia his Lordships heart failing him and being unsatisfied in his Judgment he revolted from the Parliament and went to the King Whereupon the Lord Wharton was nominated and approved by both Houses of Parliament to be in his roome Lieutenant for the County of Bucks Mr. Palmer Mr. Hyde and Mr. Bridgeman and divers other eminent Lawyers and Gentlemen had given their opinions positively against it and left the House upon the passing of it On the other part the Lord Littleton was most confident for the legality of it and divers other Lawyers and Gentlemen of the short robe were cleerly for it and that the Lords and Commons in case of the King's minority sickness or absence had done the same in other times As when H. 3. dyed and his Son E. 1. was in the holy Land and came not home in almost two years after his Father's death yet in the mean time the Lords and Commons appointed Lieutenants in the several Counties and made several Ordinances which are of force at this day So are the Ordinances made by them in the minority of H. 6. and upon the difference between him and the Duke of York and the Ordinances in the minority of E. 6. and in other times That the King was now absent and having called his Parliament at Westminster was himself gone as far from them as York and had before he came thither and since appeared with Warlike forces about him to the terror of the Parliament That the business of Ireland and other threatning dangers gave too much cause of Fears and Jealousies to the Parliament and to stand upon their guard and for defence of themselves and the Kingdome Without which the King would so grow upon them and his evil Counsellors so prevaile that they would undoubtedly bring their designs to pass of a speedy introducing of Popery and Tyranny whereas if they saw the Parliament in a good posture of defence and that the people generally would adhere to them as no doubt but they would that then the King would be brought to a good accommodation and agreement with his Parliament without a blow to be struck between them Whereby they should preserve the just Rights and Liberties of the Subject the privilege of Parliament and themselves and their friends and the Protestant Religion from Ruine which without this appearance onely of arms or power to arme if there should be occasion would unavoidably be brought to pass These arguments together with the solemn protestations of the most powerful and active Members That they had not the least purpose or intention of any War with the King but to arme themselves for their necessary defence prevailed with most men to keep their station and at present to accept those Commissions of Deputy Lieutenancy Maynard Glyn Grimstone St. John Selden and divers other Gentlemen of great parts and interest accepted of the like Commissions and continued in their service in the Parliament The King resolves that Easter Term be adjourned from London to York the Parliament Vote it to be illegal and Order that the Lord Keeper Littleton issue no Writs or Proclamation for that purpose They publish a large Declaration much to the same effect as the former were mentioning that the Rebellion in Ireland was countenanced by evil Council about the King the proclaiming them Traitors deferred from October to January after and then but 40 Copies ordered to be Printed nor any of them to be published without the King's Order whereas the proceedings against the Scots and proclaiming them Traitors was very sharp and speedy To this the King gives an answer in effect the same with what he had said before to these particulars after which he writes to his Council in Scotland to acquaint them with the State of his affairs in England to which he receives a dutiful and affectionate answer with a Petition from divers of the Nobility and people there full of zeal and loyalty to his service The Parliament hearing of this took course to turn the Ballance and within eight days after the Scots Council declare their earnest desires both to King and Parliament to joyn in a perfect union and humbly desire the King to hearken to his greatest his best and most unparallel'd Council They disswade the King from a personal Journey into Ireland and pray that a Mediation may be at home ere the breach be wider And in fine they come to a large manifestation of their true and hearty affection to the Parliament of England protesting to do nothing contrary to them in their Privileges A multitude of people at Edenburgh hearing of the King's Letter to his Council there and of the Answer to it and Petition before mentioned they petition the Council there not to meddle by any verball or reall engagement for the King against the Parliament of England These Passages in Scotland gave much advantage to the Parliaments Affairs in England who protest their Fidelity to the King and court the Scots with very kind expressions The Earl of Bristol moved for an accommodation and a select Committee to be appointed to consider of some way to effect the same But the Parliament voted that which was done at York for a Guard for the King to be a preparation for War against the Parliament a breach of the trust reposed in him by his People contrary to his Oath and tending to the dissolution of his Government
Kingdom shall not be laid down till Delinquents be left to Justice that their Estates may discharge the Debts of the Commonwealth The Souldiers commit Outrages which the King and Parliament labour to rectifie Sir Thomas Barrington and Mr. Grimstone in Essex seize upon Sir John Lucas and his Lady and commit them to Prisons and Lucas is proclaimed Traytor The Parliament for repayment of Loans upon Publick Faith order Satisfaction out of the Estates of Delinquents The Lord Strange is impeached of high Treason for raising Lancashire-men by whom one Percivall was killed The King adjourned Michaelmas Term and proclaims Nichols Macworth and Hunt of Shrop-shire to be Traytors The Lord Fairfax and Mr. Bellasis conclude a Neutrality for Yorkshire but the Parliament declare the Lord Fairfax not bound to observe the Articles but to assist the Parliament The Earl of Essex's Colours was a deep Yellow others setting up another Colour were held Malignants and ill-affected to the Parliaments Cause So small a thing is taken notice of in the Jealousies of War Intelligence being given to the House of Commons that the Earl of Berkshire and divers Gentlemen of principal quality in Oxfordshire intended shortly to put in execution the King's Commission of Array at Wattleton They commanded Whitelocke to use his utmost Endeavours to prevent the execution of that Commission in Oxfordshire and to apprehend such of the Commissioners as should meet for that purpose and the better to enable him hereunto they ordered some of the Regiment of Horse of Colonel Goodwyn and of the Regiment of Foot of Colonel Hampden to attend his Commands The Commissioners of Array having appointed their Meeting at Wattleton at a day and the Country summoned to come in to them Whitelocke sent for the Forces appointed to meet him and in the Afternoon came to him a Troop of Horse and a Company of Foot and Hampden himself with them and when they were met they had Information that the Commissioners having notice of the Parliaments Forces being in the Field thought not fit to continue at Wattleton but brake off their business and not taking leave or dismissing the Country the Commissioners with their Company hasted to Sir Robert Dormer's house and thither they were pursued and when the Parliaments Company beleagured the house they fired some Musquets and Pistols at them but finding themselves too weak for the Parliament Party and that they went about to storm the house they presently yielded upon quarter Most of the Commissioners of Array were got away only the Earl of Berkshire and two or three more were taken and conveyed to London The House of Lords committed the Earl and the rest to Prison where he lay for a long time after The King's General was first the Marquess of Hertford and shortly after the Earl of Lindsey divers of his Forces quartered near Hull seemed as if they had some design of beleaguring it Sir John Hotham and Sir John Meldram his Assistant sallied out upon them surprized them killed some and took others Prisoners and shortly after having a supply of five hundred men from London they sallied out again and discomfited some of their Forces and burnt a Barn with some Ammunition of the King 's in it and this was the first place where blood was drawn in this Contest The King marched from Nottingham to Stafford and Leicester and so to Wales and at Shrewsbury his Army encreased to a considerable body The Parliament Forces rendezvous'd at S. Albans and from thence marched Northward to meet the King with a Petition from both Houses and these Directions to their General 1. To restrain all profaneness in the Army 2. To march and fight the King's Army and by Battel or otherwise to rescue his Person and the Prince and Duke of York from those about him 3. To present the Petition to his Majesty and if he shall please to withdraw himself from his Army and resort to his Parliament then to cause those Forces to disband and to guard the King in his Return 4. To declare pardon to those that will withdraw fom the King except Richmond Cumberland Newcastle Rivers Caernarvan Newark Falkland Nicholas Porter and Hyde 5. To receive and certifie Contributions to be repaid 6. To protect the good people and to restore their losses 7. To apprehend Traytors and Delinquents 8. To observe further Directions He had a Committee with him who with the General were to take Subscriptions of Loans and order Matters concerning Malignants and to consider of the good of the Army The Parliament finding Supplies and Officers sent by the Queen from Holland to the King they sent over to the States Mr. Strickland to be their Resident in the Low Countries and with him a Declaration from the Lords and Commons The effect of it was To acquaint them with the affairs and proceedings of the Parliament and that it was not expected that they who had formerly received the assistance of the English to recover their Liberty should now assist those whose design was to deprive the English Nation of their Rights and Liberties Goring held Portsmouth for the King and hearing the County Trained Bands designed to surprize it he met and skirmished with them and retired to the Town but Sir John Meyrick's Regiment and a Troup of Horse being sent by the Parliament to joyn with the Countrey they so streightned Goring that though Marquess Hertford hastened to his Relief yet he surrendred the Town and took Ship for Holland The Marquess giving a Brush to the Earl of Bedford by the way seised upon Sherburne Castle and from thence marched to the King to Shrewsbury Sir John Biron with some Troups for the King was unexpectedly set upon at Brackley by the Towns-men and some Troups of the Parliament in his March to Oxford by whom he received some loss yet came on to Oxford The Lord Say Lieutenant of Oxfordshire being then in the Countrey upon this Alarm sent to Whitelocke and the rest of his Deputy-Lieutenants to bring what Forces they could to meet him near Oxford to remove the Lord Biron Whitelocke had a gallant Company of Horse of his Neighbours under his command When he came near Oxford his Scouts brought him intelligence that the Lord Say with a Regiment of Dragoons and the Lord St. John with him and several Companies of his Regiment of Foot were upon their march towards the place appointed for their Rendezvouse but that Sir John Biron hearing of their approach had quitted the Town Whitelocke went on till he met the Lord Say and with him were the Lord St. John the Lord Weenman and most of his Deputy-Lieutenants and their Forces were in all above 3000 Horse and Dragoons and Foot with whom they entred the City without any resistance and were welcomed by the Towns-men more than by the Scholars Yet besides the Mayor and Aldermen the Vice-Chancellor and Heads of Houses and Proctors gave my Lord Say a visit and protested all
of them their duty to the Parliament their desires of Peace and ingaged themselves not to act any thing against the Parliament The Officers of the Forces in Council with the Lord Lieutenant debated the consequence of this place the strength of its situation the plenty of the Countrey the nearness to London and the disaffection of the University to the Parliaments Cause That the King by his coming to Shrewsbury and looking this way and because of the conveniency of the place might probably make this a principal Quarter for his Forces and fortify the City which would prove a great prejudice to the Parliament To prevent which it was propounded to the Lord Lieutenant to take a course that the Scholars might not supply His Majesty if he came thither or rather to fortifie the City and place a good Garrison here under a Governour whom his Lordship might trust with so important a place as this was And Whitelocke was named to be a fit person to be the Governour and one whom both the City and the University and the Countrey thereabouts did well know and would be pleased with and the Scholars the more because they knew him to be a Scholar and a Member of this University But the Lord Say shewed no forwardness to fortify and make this City a Garrison This being spoken of abroad divers of the Neighbours offered to bring in 1000 men at any time within a days warning to be under Whitelocke's command in the Garrison and the Towns-men were very forward to ingage so Whitelocke might be Governour but the Lord Say declined it pretending favour to the University and Countrey and the improbability in his opinion that the King would settle there though that which follows in this Story will shew what a great errour was committed in not fortifying this place for the Parliament as it might easily have been done at this time and surely the Lord Lieutenant though a person of great parts wisedom and integrity yet did much fail in this particular Some of the Company moved his Lordship to seise upon or to secure the Plate in the several Colleges that it might not be made use of by the King if he should come thither but he did not think fit to doe it onely he and his Deputy Lieutenants went to the several Colleges and took an Ingagement and Promise from the respective Heads That their Plate should be forth coming and should not be made use of by the King against the Parliament Many with his Lordship were unsatisfied with this his favour to the University and foretold the ill consequences of it which afterwards happened to the prejudice of the Parliament But his Lordship had the sole power in himself and thus carried all this business for which he had no thanks from either party Sir John Biron marched away from Oxford with 500 Horse to Worcester and took in the Town for the King About the beginning of November the two Princes Palatine Rupert and Maurice arrived in England and were put into Command in the Army of the King their Uncle who had now gotten together a potent Army to whom he made a Speech declaring his intentions to preserve the Protestant Religion Laws and Liberties of his Subjects and Priviledges of Parliament Sept. 9. 1642. The Earl of Essex in much state accompanied by many of both Houses of Parliament sets out from London to St. Albans from thence to Northampton where his Forces met him and they were together above 15000 men The Parliaments Petition which he carried with him was refused to be received by the King who now had furnished himself with store of money by melting in his new Mint in Wales the Plate which was brought in to him in great quantities and from thence he marcheth towards London The Parliament having notice thereof order the Trained Bands to be in readiness and fortify the passages about the City with Posts Chains and Courts of Guard and it was wonderfull to see how the Women and Children and vast numbers of people would come to work about digging and carrying of earth to make their new fortifications The Parliament vote those that will not contribute to their Charges to be secured and disarmed Mr. Fountaine the Lawyer was for his refusal committed but afterwards as will appear in the progress of this Story he and many others refused and again assisted on both sides as they saw the Wind to blow The Parliament appoint a Committee for the Sequestration of the Lands of Bishops and of Deans and Chapters and of the King's Revenues to be employed for defence of the Common-wealth Colonel Nathaniel Fines with some Forces raised by the Lord Say and Colonel Sandys marched to Worcester to remove Sir John Biron from thence and expected General Essex to second them but in stead of him came Prince Rupert and slew and routed all the Parliament Party Sandys was taken Prisoner and shortly after died of his Wounds Essex coming on with his Army after he had Garrison'd Northampton Coventry and Warwick Rupert and Biron thought fit to quit Worcester to him and Essex sent from thence the Earl of Stamford with a Party to Hereford to hinder the Forces of South Wales from joyning with the King Stamford marches from Hereford to Gloucester and called away from thence leaves Massey Governour there Colonel Tho. Essex is sent to Garrison Bristol and left Governour of Worcester Some Forces are sent to Kiddermister and Beaudley to joyn with the Lord Wharton's Regiment and Sir Henry Chomley's and at Coventry and Warwick lay the Lord Peterburgh Sir William Constable and Colonel Brown with their Regiments to oppose the King's march to London and at Yarmouth they seised a Ship with 140 Cavaliers and 300 Barrels of Powder sent from Holland to the King In Yorkshire the King's Party grew strong under the Earl of Cumberland Sir Francis Worsley Sir Marmaduke Langdale Sir Thomas Glemham Mr. Nevill and others who forced Hotham to retreat to Hull In Cornwal under Sir Ralph Hopton their General Sir Nich. Slamning Sir Bevill Greenville and others they possessed Launceston for the King and with a considerable Body opposed the Parliamentarians In Wales the Earl of Worcester raised a great number of Welch and marched to the King The King having gained a days March of Essex toward London Essex finding his errour of so long a stay at Worcester hastens after the King The Parliament and their Party were not a little troubled at the King's March towards the City and the suspicion of a great Party hereabouts that would joyn with him and had invited him this way they used all means to stop his March and to hasten General Essex after him They sent down their Members Deputy Lieutenants into several Counties towards the Army to gather together such Forces as were raised and to send them to their General and to raise such further as they could Oct. 24. Intelligence was brought from Vxbridge Road that
the Town for a Winter quarter Twyford and Okingham were plundered by the King's Forces and then the poor inhabitants could not prevail with the insolent Souldiers but that they burned many of their Houses affirming they had orders for it from the King 's chief Commanders At Aulton Sir William Waller surprized 100 of the King's Forces under Colonel Bennet Some of the Irish landed at Bristol to serve the King under the command of Sir Charles Vavasour Colonel Henry Bulstrode being above sixty years of age yet underwent the hardships and hazards of war in this cause and was a discreet and stout Governour of Aylesbury in his own Countrey After him succeeded Colonel Alderidge whom the Lord Byron sought by promises of reward and preferment to corrupt to betray the Town to the King's Forces but Alderidge preserved his fidelity and prevented the design The Commissioners to goe into Scotland were named the Earl of Rutland Sir Henry Vane Junior Mr. Hatcher Sir William Armyn and Mr. Darley The Prisoners having great liberty and many private consultations by the favour of the Gaolers the House made an order against it upon pein of an Escape in the Gaoler that should permit it They also took care for the relief of sick and maimed Souldiers and of the Widows and Orphans of those who were slain in the Parliaments service Mr. Chute and Mr. Hern were assigned to be of Counsell with the Archbishop in his Trial to be shortly had in the Lords House The Earl of Warwick was made Governour in chief of all the English Plantations in America and a Committee to assist him The Lord Willoughby of Parham took in Bulling-brooke Castle in Lincolnshire The King's Forces at Reading sent a Party to beat up the Parliaments Quarters at Henly who thought themselves too secure and their Guards were not placed about Midnight the King's forces came up a narrow Lane in the Town towards the Cross where four or five Pieces of Ordance were planted but none there with them save one half drunken Gunner He seeing the King's forces advancing towards him cried out Tom and Jack and other names as if there had been many about him and when he discerned the King's Souldiers to come near him he made a shift to fire a Gun that stood just against them which in that narrow Lane did so great execution both upon Men and Horse that in a great terrour they faced about brought off their dead carrying their bodies back to Reading but left many Horses and much blood in the Lane and in the way to Reading The House appointed a Committee of some Members and others to look into the Accounts of the Kingdom for publick satisfaction therein Some bickerings were between the forces under Major General Skippon and Colonel Harvey and the King's forces in Northamptonshire wherein as is usual fortune was variable Many inveighed sharply against a Warrant of Prince Rupert's commanding provisions and labourers to be sent to him Vpon your utmost perils as the total plundering and burning of your Houses with what other mischief the licenced and hungry Souldiers can inflict upon you An Ordinance passed for associating Hampshire Sussex Surrey and Kent and Sir William Waller to be their Major General Mr. Pierpoint asked leave of the House of Commons to go beyond Seas but they were so desirous of his assistance being a Gentleman of great wisedom and integrity that they gave him a friendly denial The Speaker Lenthall was made Master of the Rolls Nov. 8. and Mr. Selden Keeper of the Records in the Tower Sir William Waller sate down before Basing-house The Commissioners for the Great Seal were agreed upon the Earls of Rutland and Bullingbrooke for the Lords House and Mr. St. John Sergeant Wilde Mr. Browne and Mr. Prideaux for the Commons and the same authority given to them as the Lord Keeper had and all Acts passed under the Great Seal at Oxford made void The Irish forces which came over with Vavasour refused to fight against their fellow Protestants the Parliament but joyned with General Essex his Army The Archbishop was brought to his Trial in the Lords House Nov. the 13. where he made a short Speech and desired that his Counsel might be heard who were Mr. Chute and Mr. Herne and Mr. Hale who having spoken to the points in Law the Lords adjourned Upon the news of the Cessation of Arms in Ireland many of the Earl of Newcastle's Army laid down their Arms and offered composition to the Parliament The Houses agreed that Committees should onely sit three times in the Week and the Houses to sit onely the other three Days Several of the English Regiments were sent for out of Ireland to assist the King here and since the Cessation the Irish Rebels committed many cruel murthers there The Earl of Holland returned from Oxford and examined here said that after he heard of the Cessation in Ireland his Conscience would not give him leave to stay any longer with them at Oxford The young Earl of Caernarvon came from Oxford into the Parliament and was by them committed to the care of his Grandfather the Earl of Pembroke A Paper was communicated to both Houses which was sent from the Prince Harecourt to the Earl of Northumberland by way of general Proposals for an accommodation between the King and Parliament and that in the name of the French King whose Embassadour he was Buisie Mr. Pryn prosecuted Colonel Nathaniel Fiennes for the surrender of Bristol but it was referred to the Council of War The King's Forces besieging Plymouth took one of their Out-works Sir William Waller drew off his Forces from Basing-house not willing to put them upon a Winter siege Sir William Brereton and Sir Thomas Middleton took in Holt Castle and other places in Shropshire for the Parliament Colonel Rigby with the Lancashire Forces routed a party of the King 's beyond them in number near Thurland Castle killed many and took 400 Prisoners and Arms and their Commander in chief which was the more discoursed of because Rigby was a Lawyer The Garrison of Poole made several attempts upon the King's forces in Dorsetshire killed and took divers of them and 1500 of their Horse and lost not one of the Garrison Divers of the Militia of London made Propositions to the House of Commons touching the Recruits of the Armies c. the Houses ordered them to search for any Officers of the Armies who had deserted their Colours and lay skulking in London to apprehend them and send them to the General to be punished by Martial Law Some small bickerings past between Sir William Willer's forces and the King 's near Farnham The King sent to his subjects in Scotland to forbid their taking of the Covenant or joyning with the Parliament of England but the States of Scotland returned in answer to the King the Reasons of their undertaking those lawfull actions and humbly advise the King to take the Covenant
himself The Scots generally took it except Hamilton and some three other Lords and the Estates ordered it to be taken by all men on pein of confiscation whereof they gave notice by their Letters to the Parliament of England The Houses in answer to the Prince de Harecourt declared their good acceptance of the affection of the King and Queen regent of France in their offer of a mediation of a Peace and that as soon as the Prince should make it appear that the Propositions were by authority from the King and Queen regent of France the Parliament will give such an answer as may stand with the interest of both Kingdoms and with the Solemn League and Covenant A Party from the Garrison of Poole under Captain Laye went by Water to Warham seven miles from them whereof the enemy having an alarm laid Ambuscadoes in the Hedges in the way from the landing place to the Town but Laye commanded his men it being in the Night to keep their Matches close so that the enemy could not see where to shoot at them But the Party of Poole entred Warham in two places and came into the midst of the Town where their Garrison was drawn up together who after one good volley of shot threw down their Arms and fled away Those of Poole took about 200 Prisoners much arms cloth and provisions and so returned The King's Officers having caused divers of the Parliament to be hanged for Spies as one poor man by Prince Rupert's order upon the great Elm near the Bell in Henly and many others Now the Council of War at Essex-house condemned two for Spies who brought a Proclamation and Letters from Oxford to London which were taken about them and they were both hang'd The Judges and Officers were commanded by the Parliament not to adjourn the Term by colour of any Writs or Proclamations from Oxford without order of the Parliament The Commons pressed the Lords for dispatch of the business of the Great Seal and the Earl of Rutland named for one of the Commissioners desired to be excused as not understanding the Law nor the Oath to be taken by them The Castle of Flint was besieged by Sir William Brereton and Sir Thomas Middleton the Governour of it for the King held it out till all provisions even to Horses failing him he then rendred it upon honourable terms Then the Parliament forces took in Mostynhouse belonging to Colonel Mostyn the Governour of Flint and in Mostyn they took 4 pieces of Ordnance and some Arms. This Colonel Mostyn was a Gentleman of good parts and mettle of a very ancient family large possessions and great interest in that Countrey so that in twelve hours he raised 1500 men for the King and was well beloved there living very nobly Ships were sent to relieve Plymouth and secure Milford Haven and to watch the coming over of any of the Irish Rebels The Earl of Rutland was excused from being one of the Commissioners of the Great Seal and the Earl of Kent named in his place Some of Sir Ralph Hopton's forces drove a party of Sir William Waller's Horse into Farnham but Waller drew his party into the Castle they being inferiour in number to Sir Ralph Hopton's party The Great Seal was carried up by the Speaker of the House of Commons the whole House attending him and delivered to the Speaker of the Lords House who in the presence of both Houses delivered it to the Commissioners and they all took their Oaths and then carried it to Mr. Brown's House the Clerk of the Parliament where it was put into a Chest with three different Locks not to be opened but when three of the Commissioners were present The Earl of Warwick was voted Lord High Admiral of England and an Ordinance passed that all who would set forth Private Men of War should have all Ships and Goods they could take which were employed against the Parliament or for supply of the Irish Rebels Sir Peter Osborn Governour of Jersey delivered it up to Sir John Pennington for the King A Regiment of the Irish Forces landed about Mostyn in Flintshire for the King's service Colonel Hastings marching to relieve Fulbury Castle held for the King was by the way set upon by the Moore-landers who routed his Troups killed 100 of them took about 150 Horse 100 Arms and many Prisoners The Commons thought not fit to treat further with Monsieur de Harecourt untill he shewed that he was Embassadour extraordinary from France and that he would direct his Papers to one of the Speakers The Estates of Scotland by Letters informed the Parliament of England of a French Agent who had been with them to propound their desisting from giving any assistance to the Parliament of England but the Scots justified to him their proceedings The Scots declared the Lords Hamilton Morton Roxborough and Lonmerick to be publick enemies and seised their Estates because they came not in to take the Covenant The King's Forces took Arundel Castle and fortified there Divers Forces from Ireland landed in Wales and the Lord Byron went to joyn with them Sir Walter Earle was made Lieutenant of the Ordnance in the place of Mr. Pym deceased The Garrison at Plymouth gave a brush to the King's forces besieging them Sir William Waller set upon the Lord Craford's forces in Aulton routed them and took about a thousand Prisoners Arms and rich Booties Colonel Morley beat back the Lord Hopton's forces advancing to take Lewys in Sussex Mr. Walter Long was by the House appointed Register of the Chancery Dr. Burges by motion from the Militia of London is made Lecturer at Pauls with 400 l. per annum salary out of Deans and Chapters lands A Letter of thanks was sent to Sir William Waller from the House for his good service at Aulton Mr. Lenthall Speaker was sworn Master of the Rolls before the Lords and he and the Commissioners of the Great Seal took the Oaths of Supremacy and Allegeance in the Lords house they also took the Oath for observation of the Act for the Triennial Parliament The Rebels in Ireland proposed to the Council there 1. To have confirmed to them the free exercise of their Religion 2. That all Laws there against Papists may be repealed 3. That all Lands there belonging to Religion Houses may be restored 4. That their Popish Bishops and Hierarchy may be confirmed 5. That the English Protestants may pay tithes to the Popish Priests These things were after the cessation of Arms in Ireland Colonel Norton in Hampshire routed four Troups of Colonel Bennet's Horse and took about 200 of them The Earls of Northumberland Pembroke Salisbury and divers Members of the House of Commons were indicted of High Treason at Salisbury for assisting the Parliament before Judge Heath Banks Forster and Glanvile but they could not perswade the Jury to find the Bill The Commons ordered a Committee to draw up an Impeachment of
King's Children The Commons voted to Impeach Mr. Webster and Mr. Sands and two other English Merchants in Holland for being chief Actors in pawning the Crown-Jewels and sending over Arms and Ammunition against the Parliament The Clergy and others being summoned to Leicester to take the Covenant and very many of them coming in Colonel Hastings with four hundred of the King's Horse roamed about the Country and took about a hundred Prisoners of those that were going to take the Covenant and drove the rest home again Upon this about two hundred Horse were sent from Leicester who unexpectedly fell into the Quarters of Hastings rescued all the Prisoners dispersed his Troops took fifty of them Prisoners and a hundred and forty Horse and Arms. Fifteen thousand of the Scots past the River Tyne and blockt up Newcastle on the South-side as the other part of their Army did on the North-side The Lord Willoughby before Newark beat the King's Forces from their Outworks and gained their Bridges and came within Pistol-shot of the Town Colonel Wayte beat up the King's Quarters near Burley-house Colonel Norton did the like to some of the Lord Hopton's Forces and killed and took about eighty of them The Scots possest themselves of Sunderland and Durham Sir William Constable took Stamford-Bridge and three pieces of Ordnance Powder Shot Arms for several Troops of Horse and Provisions Colonel Lambert at Leeds surprised eleven Colours of the King 's and Sir William Constable besieged Scarborough Sir Hugh Cholmley revolted to the King burnt many houses in Whitbee March 12. The Archbishop came to his Tryal in the Lord's house the Evidence against him was managed by Serjeant Wild and Mr. Maynard The Archbishop in his Defence alledged for his constancy in Religion that he had converted two and twenty from Popery to be Protestants Divers Western Gentlemen came into Plymouth and submitted themselves to the Parliament The Divines of the Netherlands in Answer to a Letter from the Assembly of Divines here express their content in the proceedings of the Parliament and Assembly touching the Covenant and desire to joyn with the two Kingdoms therein The Dutch Ambassadour sent a Message to the House of Commons directed in the usual manner To the Speaker of the House of Commons And in the Afternoon they had a private Conference with the Speaker and some Members The Earl of Carlisle deserted the King's Party and came in to the Parliament Colonel Thomas Pyne took the Lord Arundel's House by assault fifty Prisoners and two pieces of Ordnance Mar. 15. The Commons referred to the Council of both Kingdoms to consider of and propound to both Houses the most probable speedy and effectual means for procuring and establishing a firm peace wherein the Lords concurred Sir Richard Greenvile was proclaimed Traytor by the General and the Proclamation nailed on the Gallows The Parliament Ships chased the Earl of Marleborough but he though two to one did not think fit to fight with them The Anti-Parliament at Oxford passed sundry Votes That the Parliament Members at Westminster were guilty of Treason Which Votes the Parliament caused to be published with a Declaration upon them A List was agreed of seven Colonels of Foot-Regiments under the Lord General in his Army The Propositions from the Ambassadours of the States Were to mediate a Peace between the King and Parliament For which end they had been with the King and now they made application to the Parliament who thought they did not fully acknowledge them as the Parliament and thereupon the business past over with Complements on both parts Colonel Purefoy beat up the Quarters of two Troups of the Earl of Northampton's Regiment took divers Officers and others Prisoners and 80 Horse The Rents of the Universitie of Oxford were secured by the Parliament Consideration was had of Regulating Sir William Waller's Army The Scots possest Sunderland by which means Coals were had for London which before was in great want of them Newark Garrison sallied out and surprised 200 of the Besiegers The Ordinance past for Regulating the Lord General 's Army and reducing them to seven thousand and five hundred Foot and three thousand Horse and thereby his Officers were discontented and himself not well pleased Letters were intercepted from the Catholick Council of the Rebels in Ireland to Cardinal Mazarini To put the Queen Regent of France in mind of her promise to assist the Irish with seven thousand men An Order past for Trade to Sunderland and Blith in the North. A difference of Opinion was between the two Houses the Lords would have a new Committee named to consider of Propositions of Peace the Commons would have that Business referred to the Committee of both Kingdoms In the debate of this matter some of the House of Commons seemed averse to any Propositions at all for Peace Amongst others one spake to this effect Mr. Speaker It would be no wonder to see an unanimous Concurrence of the whole House in furthering Propositions for a good Peace The Calamities of our Distractions have brought us to it and who is there amongst us that hath not in some measure felt the stroaks of them I am sure Sir I have smarted by them We may say here but I hope never with the like Application what Tacitus said of the Romans Omnia discordiis civilibus fessa The Land is weary of our Discords being thereby polluted with our blood God hath given you great Successes in many places against our Enemies and sometimes he is pleased to give our Enemies Successes against us in all of them whether of the one or the other Party the poor English are still Sufferers Whose Goods I pray Sir are plundered whose Houses are burnt whose Limbs are cut or shot off whose persons are thrown into loathsom Dungeons whose Blood stains the Walls of our Towns and defiles our Land Is it not all English and is it not then time for us who are all English-men to be weary of these Discords and to use our utmost Endeavours to put an end to them I know Sir you are all here of the same Opinion with me in this Point and that it was an unhappy mistake of those who told us in the beginning of our Warfare That it would be onely to shew our selves in the Field with a few Forces and then all would be presently ded We have found it otherwise let us now again seek to recover these Blessings of Peace whereof we are told that Nihil tam populare quam pax That nothing is than Peace more gracious to be heard of more pleasing to be desired and more profitable to be enioyed I am sorry we have so much and so sad Experience as well as other Arguments to convince us of this truth You think best to refer it to the Committee of both Kingdoms and you cannot find more able and faithfull men to trust in this Business the Lords think fit that
small Rencounters A Party of Sir John Gell's men near Derby fell upon a quarter of the Enemy killed twenty two routed the rest drove divers Men and Horse into the River Dove where they were drowned took 140 Horse and 80 Prisoners Colonel Bellasis attempted the Quarters of Colonel Lambert who beat back Colonel Bellasis and pursued him six miles took 150 Horse 60 Foot Colonel Bagshaw and 80 Captains and Officers Sir Edward Hartop and Major Bingley were questioned for letting the Enemy pass to the Relief of Newark when they had a considerable force to oppose him and it was referred to a Council of War It was agreed to send 66000 l. to the Brittish Forces in Ulster The Prince Elector wrote to the Parliament of the great want he and his Mother were in for want of the stipend they formerly had bemoans the courses which his brother took in fighting against the Parliament and rejoyceth to hear of the Covenant The King's Forces at Reading levelled the works and marched to Marlborough An Ordinance passed for observation of the Lord's day The Isle of Wight sent store of provisions and 300 men to Waller Upon advice from the Committee of both Kingdoms the Parliament resolv'd to draw together all their Forces at a general Rendezvous and to put the Enemy to it by a day and took order for Victuals and Necessaries for their Armies and that this their resolution should be published on the day of Thanksgiving Newcastle imposed an Oath of Adherence upon the inhabitants of York to oppose the Scots but many resused to take it The Lord Fairfax his Regiment took 160 Horse and 80 Foot at Axholm The Commons and Lords answered the Dutch Ambassadour That when they should make it appear that they hadCommission to address themselves to the Parliament they should receive a fit Answer At a Common Council the Earl of Warwick Sir Henry Vane Junior and the Earl of Pembroke spake to the Citizens acquainted them with the Resolution of the Parliament to put the business of the war to a speedy issue and to a day and to desire their assistance Sir William Waller spake to them to the same effect Mr. Hollis and Mr. Glyn to the same purpose and the Citizens were very forward in the business A Party of Sir William Waller's Forces took Christ Church and Sir John Willis the Governour with divers Commissioners of Array 120 Horse 200 Foot and about 400 Arms. The London Brigade with Colonel Whitehead took in by composition Walton House belonging to the Bishop of Winchester Colonel Langhern and Captain Swanley with the help of a squadron of ships sent to them took in the fort of Prickspil divers Officers 18 great Ordnance 6 Carriages 300 Souldiers with their Arms and two Bristol ships with Arms and Powder This so terrified Haverford West that their Centuries the next night seeing a herd of Cattel cried out that the Round-heads Black-coats were come and Sir Henry Vaughan and his company hasted away leaving behind them Powder ten pieces of Ordnance and store of Provisions Then they took Tinby a strong Fort with the Governour 300 Souldiers and Arms 8 pieces of Cannon and store of plunder and secured all Pembrokeshire and most part of South Wales for the Parliament Prince Griffith so called made a proposition for 15000 l. to reduce all NorthWales to the Parliament Col. King took in Crowland for the Parliament 80 Horse and Arms. The Lords agreed to refer the drawing up of propositions for Peace to the Committee of both Kingdoms to doe it by a day An Oxford Spie was executed The Lord Conwey and the Earl of Kingston came into the Parliament The King again sets up his Standard at Marlborough but seeing few come in to it he declared at the Standard that the two Houses were preparing Propositions for Peace and he would reward those that came in to him as there should be further occasion to use them and so the Standard was taken down The King's Forces surprized Wareham as was suspected by the treachery of the Captain of the Watch who let them in for which they being Masters of the place killed the Captain and many others and committed divers rapes and cruelties The Archbishop coming again to trial the Article was urged against him and several witnesses produced That he assumed the title of the Pope that in Letters from the Vniversity of Oxford he was styled Optimus Maximus Sanctitas Vestra Your Sacred Holiness Aeternum Reverendissime Cancellarie Maximus Pontifex It was referred to the Committee of both Kingdoms to send Agents to the Swedes and to Zealand to declare the Parliaments affection to them who had expressed their good liking of the proceedings of the Parliament The Lord Fairfax and Sir Thomas Fairfax his Son joyning together drew up their Forces to Selby where a Garrison of the King 's was and in it Colonel Bellasis the Governour of York that night they beat in a party of the Enemies Horse and took divers Prisoners Early the next morning they beset the Town in three Divisions and after a hot fight wherein both parties performed brave service Fairfax routed them and entred the Town where they took 4 Colonels 4 Majors 20 Captains 130 inferiour Officers 1600 common Souldiers 4 brass Pieces of Ordnance Powder Match 2000 Arms 500 Horse besides Colours and a Pinnace and Ships in the River and 500 more Prisoners at Hemcough near Selby For this the Parliament ordered a day of publick Thanksgiving The Candlesticks Crucifixes and Plate in Pauls Church was ordered to be sold and a motion debated for borrowing 100000 l. of the States of the Netherlands The Lord Mayor and Aldermen of London proposed that they would raise 20000 men and how they might be paid but the Commons doubting it might retard their present designs it was for that time laid aside A party of Sir William Waller's Horse beat up the Enemies Quarters at Sunning near Reading took 2 Lieutenant Colonels 3 Captains divers other Officers 21 Souldiers with Arms and 40 Horse A Proclamation was published from Oxford commanding the Inhabitants of Oxfordshire Bucks and Berks c. to bring in all their provision for Men and Horse to Oxford within 5 days that they may not assist the Enemies now marching on pain of fire and sword The Commons appointed a Declaration to be drawn and published thereupon These three Counties Oxon Bucks and Berks entred into an association and a Committee was appointed of Members of the Mouse and other Gentlemen of those Counties then in London to manage the affairs of those Counties to compound with Delinquents and to raise supplies for the Forces there The Earl of Newcastle troubled at the news of Selby and his Army wasting upon the approach of the Scots towards them they left Durham to the Scots and General Lesley pursued them The Commons did right to Mr. Cambell upon a complaint of Horses taken
seventeen of his own men Lyme being relieved and the Siege raised the Earl of Warwick went on shore and much wondred that the Works of the Town being so slight and the Enemy so strong that yet the Town should hold out so long and against so many fierce Assaults and yet in the whole Siege the Town lost not above a hundred and twenty men but the Enemy lost two thousand Letters of Thanks were ordered to be written from the Parliament to the Town and two thousand pounds gratuity to be given them and Cloths for the Souldiers General Essex sent a Party to have relieved Lyme but Prince Maurice was gone with all his remaining Forces and the Siege raised before they came The Party sent by the Lord General to relieve Lyme marched from thence to Weymouth which was rendred to them upon terms and all their Ordnance Arms and Ammunition left behind them Prince Rupert took in Leverpoole a Garrison of the Parliaments in Lancashire but they first shipped all their Arms Ammunition and portable Goods and most of the Officers and Souldiers went on Ship-board whilst a few made good the Fort which they rendred to the Prince upon quarter yet were all put to the Sword The Lord General came to Dorchester where divers Western Gentlemen came in to him and among them the Lord Becham Son to the Marquess of Hertford The Queen was brought to Bed of a Daughter at Exeter The Parliament now ordered that the General should continue in the Western Service and Sir William Waller to attend the motions of the King's Army and that the Earl of Denbigh Sir William Brereton Colonel Massey Colonel Mitton and Colonel Rigby and their Forces should joyn with Sir William Waller The Earl of Newcastle desired a Treaty which was admitted and he demanded to march away with Bag and Baggage and Arms and Drums beating and Colourâ—s flying and that all within the Town should have liberty of Conscience the Prebends to enjoy their Places to have Common Prayer Organs Copes Surplices Hoods Crosses c. These things were denied by the Parliaments Generals but they offered the Earl of Newcastle that he and all the Commanders should go forth on horseback with their Swords and the common Souldiers to march out with Staves in their hands and a Months Pay and all else to be left behind them The Enemy desired four or five days time to consider hereof which was granted Taunton Dean was rendred to the Lord General and some other Places in the West where he was The Archbishop was again brought to his Tryal and the Matters insisted on against him were His introducing of Popery and Arminianism The Lords sent to the Commons that they could not consent to the Ordinance for secluding the Members of both Houses who had deserted the Parliament because they had already voted the Readmission of the Earl of Holland And the Commons referred it to a Committee to consider of some Expedient as to the Case of the Earl of Holland A Committee of Lawyers was appointed for sequestring and selling the Chambers in the Inns of Court belonging to malignant Lawyers The General by his Letters from Dorchester informs the Parliament that the Country thereabouts generally declared themselves for the Parliament and had furnished his Army with plenty of provisions The Lord Canoule a Scot Master of the Horse to the King came in and submitted himself to the Lord General The King left his Foot at Worcester and from thence went with two thousand Horse to Evesham where he took the Mayor and divers Aldermen of the Town and carried them with him prisoners to Oxford and brake down the Bridges after them as they passed to hinder Sir William Waller's pursuit of them they likewise burnt down many houses in the Suburbs of Worcester the better to secure the City and the like they did at Oxford and also at Abington The Siege continued before Basing-house but those that were before Greenland-house thought not fit upon the King 's coming back to Oxford to continue any Siege to Greenland-house till they might have the Forces of Major General Brown to joyn with them An Ordinance passed to impower the Committee of Oxon Berks and Bucks to raise Forces and Money to pay them and they to be under Brown's Command Troubles were in the Virginia Plantation The Archbishop was again brought to his Tryall and the same points of Popery and Arminianism urged against him and as a proof thereof the Remonstrance of the House of Commons in Parliament in the year 1628. Sir Richard Onsley's Regiment came to assist Colonel Norton lying before Basing-house to whom and to Colonel Morley the Commons sent a Letter of thanks At Weymouth the Lord General took a hundred pieces of Ordnance two thousand Musquets a thousand Swords Arms Pistols Powder and about sixty of great and small Vessels The General sent parties to Dartmouth VVareham and other places The Lord Viscount L'Isle had allowed him 1000 l. upon account of the Irish Service Plymouth Garrison sent out parties who beat up the Enemies quarters and at one time took forty and at another time a hundred and fifty horse and prisoners A Ship with Letters to the Parliament from Scotland and two other Ships loaden with Coals for London put in at Harwich and there cast Anchor and the Mariners went on shore leaving none aboard the Ships to guard them In the mean time came into the harbour a Pinnace of the King 's carrying the Parliament Colours and finding these Ships without any Guard boarded them and carried them clear away Westward The King marched from Oxford towards Bedford and several parties of his Army did very much spoil as they marched in Bucks Bedford and Hertfordshires they plundred Leighton and at Dunstable when the people were at Church they shot at the Minister in the Pulpit and committed many outrages there and in many other places Major General Brown marched out with his Forces to Barnet and from thence to St. Albans where the Forces of the Associated Counties are to meet him and the Commons took care for the supply of all of them Sir Thomas Fairfax and Major General Lesley were sent from the Leaguer before York with six thousand Horse and Dragoons and five thousand Foot to relieve Lancashire and to attend the motions of Prince Rupert Colonel Charles Fairfax sent to assist the Scots party at Sunderland beat back the Earl of Montross Musgrave and the rest into Newcastle and the Earl of Calender with a reserve of ten thousand Scots entred England to assist the Parliament The Commons took order touching the Prerogative Court and appointed Sir Nathaniel Brent to be the Judge of that Court. Letters of thanks were sent to the Lord General for his good Service and upon a Petition of the Western Gentlemen that he might continue in the Service there it was so ordered and an Ordinance appointed for the impowering a Committee of the
blood and infamy may rest on the Heads of them that lay obstructions in his way averring that if money cannot be had he will march without it That he received a Letter from Lieutenant General Middleton who is advanced as far as he can to relieve the Lord General but he hears there is a very great party of the King's Army drawn out to meet him and yet keep the Lord General at a Bay That he desires nothing more under God than to be able to march and no fault shall be found in him By Letters from Plymouth the House were certified touching the making of Provisions for the Lord General 's Army and that many Prisoners had taken the Covenant and freely undertook to serve the Parliament against the Irish Rebels That at Lestithiel the duty hath been so constant and various the Enemy so near and vigilant that we cannot Muster we have sick men sent hither who if not timely sent do die soon after they come here fresh Diet being their onely cure The Chirurgeons of the Army are ill stored with Provisions some not having to the value of 10s The Enemy increaseth daily upon our quarters the loss of Foy-harbour is to our infinite disadvantage no ships being able to ride out of the command of their Guns The Lord Admiral made a gallant attempt to have regained the Harbour but extremity of weather would not suffer him to land one man Major Skippon's Glove and Sleeve was shot through and his Buff in two places and he had no harm Additional Forces being come to Sir William Waller he advanced with them Westward to joyn with Middleton and Massey to make up a Body to relieve the Lord General and 4000 Foot and 3000 Horse from the Earl of Manchester were upon their march to assist the General but all of them had lost too much time Letters from the General informed that the King with all his power drew out upon him that he sent out several parties that Skirmished with them at length a great party of the Horse being ingaged they slew many of the Enemy and forced their passage through the King's Army and through the numerousness of the Enemy could hardly retreat so that the Foot being left to stand upon their own guard in a place of advantage there was a Parley enter'd into by which it was agreed that Major Skippon who fought like a Lion with the Foot should march away with the loss of some Ordnance and Ammunition and have a safe conduct for 6000 Foot to Dorchester By this and several other Letters we may observe how the Parliament Officers sought to lessen this defeat received by them and to conceal the full truth thereof from the Parliament which is usual with some to lessen their defeats and to inlarge their Victories On the King's part it was said that General Essex with most of his chief Commanders deserted their whole Army and saved themselves by flight by Sea That their Horse pretending to Skirmish got beyond the King's Army and so escaped by this way and left the Foot to shift for themselves That the Foot were totally dispersed and disarmed and submitted to the King's mercy who gave them their lives and took all their Ordnance Arms and Ammunition and thus gave a total defeat to the Parliament's main Army By this we may see the great difference in relations of Martial performances always according to the particular interest of the Relatours and it is certain that in a Fight the next man can hardly make a certain relation of the Actions of him that was next in place to him For in such a hurry and smoak as is in a Fight and when a man scarce takes notice of any thing but what relates to his own immediate safety it is hard to give any clear account of particular passages but the general will make way for it self by the consequence and issue Therefore for better satisfaction I shall give an impartial Relation of that Action in Cornwal neither favouring nor censuring the one side or the other as it ought to be the temper of all faithfull Historians The King marched after Essex who was gone Westward and by the overruling counsel of the Lord Roberts was perswaded into the narrow noose of Cornwal The King came to Liskerd eight miles from Lestithiel where Essex was and was there encompassed by the King and Prince Maurice at Boconnock Sir Richard Greenvile at Bodmyn and Sir Jacob Ashley at Hule The King's party were desirous to fight but upon consultation it was held more advisable to strave the Parliament forces to which end Goring with a party of Horse and Sir Tho. Basset with 1500 Foot were sent Westward to stop all Provisions that way and to streighten Essex by keeping his Horse and Foot close together Essex drew his Cannon and Baggage towards Foy but in those bad ways his Carriages stuck and they were much hindered by it Sir Will. Belfore with 2300 horse brake through the King's Quarters and got to Saltash and from thence to Plymouth The King pursues his advantage against Essex his foot with great wisedom and gallantry and they made a stout resistance but being overpowred by the King's forces which lay round about them and then the Country rising in great numbers upon them and killing divers of their men in their Quarters Essex quits his own Forces and with divers of his chief Officers makes by Sea for Plymouth leaving Skippon with the Foot and a few horse behind him Some came by designe to the Parliament forces intimating that the King was willing to admit of a Treaty with them and it was great wisdome and gallantry in the King rather to defeat them with their own Consents than to hazard the doubtful tryal of a Battle for it Skippon calls together his field Officers to a Council of War and being more a Soldier than an Oratour spake plainly to them to this purpose Gentlemen You see our General and many of our chief Officers have thought fit to leave us and our horse are got away we are left alone upon our defence that which I propound to you is this that we having the same courage as our horse had and the same God to assist us may make the same tryal of our fortunes and endeavour to make our way through our enemies as they have done and account it better to dye with honour and faithfulness than to live dishonourable Few of the Council of War did concur with him but were generally for a treaty with the King alledging the advantages the horse had to break through the enemy which the foot had not and that the General was then with them and added courage to his men Whereas the foot were now more dismayed by his going away and having few or no horse to assist them and other arguments were alledged to accept of a treaty and accordingly Commissioners on both parts were appointed For the King were Prince
great importance to the City and concerning the Committees of Sussex and the Fortifications about the City The Commons gave them this answer That they resolved to doe their utmost for the advancement and security of the City which had deserved so well of the Parliament and Kingdom The Court-Marshal had power given them to proceed against Souldiers that ran away from their Colours A Petition subscribed by many thousands in Norfolk was For the settlement of the Government of the Church and for punishing such as had not taken the Covenant For which the Commons answered That Instructions had been formerly given The Archbishop at the Bar of the House of Commons made his Defence which took up many hours he concluded That he would take it upon his death that he never intended to subvert the fundamental Laws nor to introduce Popery and that what he did was either by the King's Command or of the High Commission Court and wherein he had but one Vote The Grand Jury found the Bill against Macquire and Macmahon The Parliament wrote to the several Counties in their power for levying the Arrears of the 400000 l. Subsidy A Party of the King 's relieved Dunnington Castle and brought away some Artillery from thence The Commons ordered that whole Business to be inquired into and the Defaults of any of their Officers or Souldiers in that Action Upon the desire of some of the Assembly who dissented from the Form of Church-government presented by the rest a Day was appointed to hear their Arguments against it Mr. Samuel Brown a Member of the House of Commons replyed to the Defence made by the Archbishop and the House passed the Ordinance for the Attainder of the Archbishop of High Treason Macmahon pleaded Not guilty to the Indictment against him But the Lord Macquire pleaded That he was a Peer of Ireland and ought to be tryed there and prayed to be allowed Council in the point of Peerage which was admitted and the Lawyers of the House were ordered to meet and advise with the Judges concerning the Tryal The Lord Fairfax with some of the Scots Forces advancing against Knasborough fell on the Enemy beat them out of the Town into the Castle slew about twenty of them and took some prisoners A party of Skipton Cavaliers going to relieve Hemsley Castle the Lord Fairfax sent a party under Major Sanders to make good the Siege but before they came the Besiegers had routed the King's party killed and wounded divers took eighty horse and a great quantity of provisions and took about fifty Officers and Gentlemen besides common Souldiers prisoners By permission of the Earl of Rutland the Town of Belvoir was burnt the better to come at the Castle A Petition from Kent acknowledged the unwearied pains of the Parliament and proposeth that the Commanders in the Armies may be allowed but little pay in present with assurance to be satisfied their Arrears out of Delinquents Estates when the War is ended That Neuters may be discovered and contribute in a larger manner than others That out of Bishops Lands c. small Livings of Ministers may have Augmentations With other Propositions tending to bring the Warre to a speedy conclusion for which the Petitioners had thanks The Names were presented to the Commons of those who were agreed on to carry the Propositions to the King viz. The Earl of Denbigh and the Lord Maynard of the Peers Mr. Pierpoint Mr. Hollis Mr. Whitelocke and the Lord Wenman of the House of Commons and the Lord Maitland Sir Charles Erskins and Mr. Bartlay for Scotland An Ordinance past for a free Trade to Newcastle The Council assigned for Macquire and Mac-mahon desired to be excused they being notorious Irish Rebells but their excuse was not allowed Some Sailers petitioned for their shares of Prizes taken which was referred to the Earl of Warwick Some of the City Souldiers were sent for as Delinquents for a breach of Privilege in entring into a house of a Member of Parliament to search for concealed Goods With the Artillery brought from Dunnington Castle the King fortified the Lord Seymour's house at Marleborough Order was taken for the Relief of Taunton Castle Mr. Brown carryed up to the Lords the Ordinance for the Attainder of the Archbishop Hospitals about London were exempt from taxes because they relieved the wounded Soldiers An Ordinance past for supply of Windsor where the Soldiers were in disorder for want of pay The Trumpeter returned with a safe conduct from Prince Rupert under the King's Hand and Seal for the Lords and Gentlemen appointed to carry the Propositions of Peace to the King and though the safe Conduct takes no notice of them as Members of Parliament but as private persons yet the Parliament received it Mac Mahon was found guilty and had judgement against him of High Treason The Parliament's Forces were drawn out of Newbury towards Basing to prevent the relieving of it The Assembly had liberty to answer in writing the reasons of their dissenting Brethren concerning Church Government and both their Arguments to be presented to the House The Commons Voted the advance of the Scots Army Southward Two houses near Ashby were garrison'd by the Parliaments Forces Sir Alexander Carew some time a Member of the House of Commons and Governour of St Nicholas Island near Plymouth had sentence of death pronounced against him by the Court Marshall for endeavouring to betray the Fort to the Enemy Much notice was taken of three Suns in the Firmament on the King's birth-day and a Rainbow with the bend towards the Earth The Lords and Commons and Scots Commissioners appointed to carry the Propositions for peace to the King went out of Town Nov. 20. They are to bring back the King's Answer which if they have not in time convenient it is left to their discretion how long to stay for it They went first to Reading to inquire where the King was supposing the King had been at Marlborough to which place Reading is the way but there were informed that the King was gon to Wallingford and though very late and in bad ways and weather they hasted away in the Evening cross the Country from thence to Nettlebed and were benighted and in much danger in that ill journey At Nettlebed which is but a little Countrey Town they had very bad quarter for so many great persons but contented themselves and were merry together with their ill lodging and entertainment The next morning they went on their journey to Wallingford and stayed at Cromash near a mile from the Town whilst they sent a Letter to Colonel Blake the Governour to acquaint him that they desired entrance into the Town by virtue of their safe Conduct from the King whom they were to wait upon with Propositions from the Parliament Blake sent to them for their safe Conduct which they denyed to send to him alledging that it was their security
And having the same interest with the Senate and present at their Debates they understood their business the better and were less apt to break that trust which so nearly concerned their private interests which was involved with the Publick and the better they understood their business the better service might be expected from them Sir I humbly submit the Application to your Judgment your Ancestors did the same they thought the Members of Parliament fittest to be imployed in the greatest Offices I hope you will be of the same judgment and not at this time to pass this Ordinance and thereby to discourage your faithful Servants The Debate held till it was late at Night and then upon the Question as some called it Envy and self-ends prevailing the Ordinance passed the House of Commons and was voted to be sent up to the Lords for their concurrence An Ordinance past for observation of the Fast-day especially on the next Wednesday being Christ-mas-day The Petition of the Lord Carbury was referred to a Committee for his Relief The Parliaments Answer to the King's Message being delivered to the Duke of Richmond and Earl of Southampton they said They had some further matters from the King to impart to the two Houses and desired to be heard of them but the Committee answered That they had not power to receive any new Message Then the Duke of Lenox demanded whether they might not deliver it to the Speakers of both Houses the Committee said That they could not give advice therein But this being reported to the Houses they ordered the Committee to receive from those Lords what they had to offer further from the King Mr. Pierpoint carried up to the Lords the Self-denying Ordinance The two Lords from the King delivered in a Paper to the Committee declaring The willingness of his Majesty that no time should be lost in bringing on the Treaty and to desire that Commissioners might be then nominated to which was returned That they had already the answer of both Houses and of the Scots Commissioners which the Parliament desired might be presented to his Majesty at Oxford The Lord Digby treated about ten weeks together by Messengers and Letters with Major General Brown to betray Abington making offers to him of great Preferment and Reward The Major General wrote to a Friend about it and desired his advice in it who counselled him to entertain the Treaty to shew a compliance with Digby and to give fair hopes of effecting what he desired and in the mean time to get the Works about the Town finished This was agreeable to the opinion of the Major Gener. and he had begun the Treaty with the Lord Digby and carried it along with great hopes to the Lord to have the Town surrendred and that his Wit and Eloquence had prevailed with the Woodmonger as he styled him Brown gave an account of all the Letters and Passages from time to time between them and he was encouraged to carry on the Design even to the appointment of a day for payment of money to him and for his rendition of the Town to Digby and even to the permission of part of the King's Forces to enter the Town and then to fall upon them But Brown thought it not good to proceed so far but after so much time spent in Treaty and expectation Digby required the Town to be rendred by a positive day but Brown having well finished his Works gave his Lordship a positive denial which much enraged him The Reasons of the dissenting Brethren to the Directory of the Church-government by Presbyters with the Answers to those Reasons were presented to the House and a day appointed for the debate of them An Ordinance past for Sir Thomas Allen's composition for Delinquency Knasborough was surrendred to the Parliament upon conditions and there was taken four pieces of Ordnance store of Arms Money and 1500 l. worth of Plate Letters from the Committee of Kent informed That the King had lately sent three Commissions into Kent one for the betraying of Dover-Castle another for Chattam and some Ships and the third to Array men in the West of Kent All which were discovered and the execution of them prevented one of the Commissions was dated when the Committee were at Oxford with Propositions for Peace Captain Redman with a Party from Northampton set upon a party of the King's Forces going to Banbury took Prisoners the L. St. Paul a French-man Sir John Fenwicke two of the Stricklands fifteen others thirty Horse and Arms and a Sumpter with rich Clothes Colonel Thorney with a party from Nottingham took in a Garrison of the King 's near Newarke and in it the Master of the house Sir Roger Cooper and his Brother and fifty others prisoners with their Arms. Decemb. 23. Sir Alexander Carew by Sentence of the Court-Marshal was beheaded The Commons voted to refer the consideration of the manner of the Treaty upon the Propositions for Peace to the Committee of both Kingdoms but the Lords were for a new Committee for it The Court-Marshal pronounced Sentence of death against Captain Hotham The Lords having voted the Archbishop Guilty of the Matters charged against him for matter of Fact desired satisfaction from the Commons in point of Law that those Matters were Treason The Commons ordered the removal of their Forces from the Counties near London near to the Enemy to streighten them and to be in readiness to attend their motions Letters from Sir Anthony Ashley Cooper informed of the Relief of Taunton Town and Castle held out to admiration by Colonel Blake notwithstanding his great want of Ammunition and Provisions and that the Works there were inconsiderable Colonel Edward Windham sent a threatning Summons to Blake to render the Town and Castle upon pain of fire and sword and perswaded the doing of it because of the indefencibleness of the place and to prevent the effusion of more Christian blood Blake returned this Answer These are to let you know that as we neither fear your menaces nor accept your proffers so we wish you for time to come to desist from all Overtures of the like nature unto us who are resolved to the last drop of our blood to maintain the quarrel we have undertaken and doubt not but the same God who hath hither to protected us will ere long bless us with an Issue answerable to the justness of our Cause howsoever to him alone shall we stand or fall Not long after this a strong party of the Parliaments Forces brake through the Besiegers and supplyed the Town with store of Provisions and what they wanted The Commons made an Order for the better payment of the 10000 l. per annum formerly granted to the Lord General out of Delinquents Estates in consideration of his great losses by the Enemy and his ever to be remembred good Services This was put on now by some to sweeten him upon the transmitting of the Self-denying
Ordinance The Commons voted to hear no private business for ten days Mr. Roger Lestrange was tryed for a Spy before the Court-Marshal coming from the King's quarters without Drum Trumpet or Pass to betray Lynne Garrison Sir Thomas Middleton and Colonel Mitton took in a Garrison of the King 's near Mountgomery and in it Colonel Ballard the Governour Llayd the high Sheriff divers Officers two Foot Colours sixty common Souldiers with store of Arms and Pillage The Assembly of Divines presented to the House some further Additions to the Directory for Worship Much time was spent to settle the payment of the Northern Armies and to enable the Scots to march Southwards The Commons concluded their Debate upon the Directory for Worship A Letter was agreed to be written to the Parliament of Scotland from both Houses here to express the great ingagement of this Kingdom to them for their brotherly assistance The Lords upon the Petition of Sir John Hotham and his Son thought fit to pardon the Father and desired the Concurrence of the Commons therein but upon the Question it was carried in the Negative not to be taken by them into consideration The Court-Marshal gave judgment upon Mr. Lestrange The Commons passed an Ordinance for continuing the Court-Marshal for three Months longer and another for disfranchizing some Aldermen of York The Commons ordered the Commissioners of the Great Seal to issue out the Sheriffs Patents to the Messengers of the Seal The Lords debated the Self-denying Ordinance They concurred with the Commons to refer the business of the Treaty upon the Propositions for Peace to the Committee of both Kingdoms Major General Brown marched out with a Party towards Oxford and was near taking the Fort Royall there but his Design was discovered and prevented yet he brought away forty men and horse with him Several Orders were made for Money for the Scots and other Armies and for supply of the Forces in Ireland Divers of Bucks petitioned against the Outrages of the Parliaments Forces in that County Colonel Bulstrode was made Governour of Henley and Phillis Court but he was shortly after called away to his Regiment and Colonel Charles Doyley made Governour there But he and the Souldiers falling out they had like to have killed him and he would stay there no longer and Colonel Piuter Temple succeeded him Sir John Hotham was going to his Execution and much company expecting it on Tower-hill when a Messenger came with a Reprieve from the Lords But the Commons sent to the Lieutenant of the Tower to know the reason of deferring the Execution when they did not consent to any Reprieve for him The Lord Fairfax his forces took in Pomfret Town and close blocked up the Castle and other Castles thereabouts Colonel Bright fell upon a party of the King 's under Sir William Cobbes took divers Officers and Souldiers and good Horses from them A party of the Newark forces in the night time surprized some of the Parliaments forces and took near two Troups of them The Leicester forces drove the forces of Hastings out of Ashby-Town into the Tower and took divers Prisoners and Arms. Prince Maurice laid down his Commission for the West and the Lord Hopton was made General there and laboured to get a new Army January 1644. The Directory for Worship was finished by the Commons and sent up to the Lords by Mr. Rouse Upon the Debate touching the Reprieve of Sir Jo. Hotham by the Lords the Commons voted that no Officer made by Ordinance of both Houses should stay the execution of Justice by any order of either House without the concurrence of both Houses They likewise ordered that the Lieutenant of the Tower do proceed to the Execution of Sir John Hotham according to the Sentence of the Court Marshal Captain Hotham his Son sent a Petition to the Lords and another to the Commons praying his Pardon but it was denied and the same day his Head was cut off Mr. L'Estrange petitioned the Lords that his Case might be heard before the Parliament which was consented to by both Houses Letters were ordered to be written by the Speaker to Sussex Surrey and Hampshire for raising of Dragoons formerly undertaken One hundred and fifty horse from Oxford possessed themselves of Beselsley Mr. Speaker's House near Abington intending to fortifie it but Major General Brown sent out a party under Colonel Boswel to whom upon his summons they rendered the House on conditions to march away onely one who had formerly broke Prison at Abington was denied that favour Sergeant Wilde Mr. Brown and Mr. Nicholas offered Reasons and Arguments to the Lords that the Matters proved against the Archbishop were Treason An Answer was ordered to be given to the Papers of the Scots Commissioners to be sent by them to the Parliament of Scotland A Committee of both Houses was named to receive from the Sweedish Agent some matters which he said he had further to impart to them from the Queen Sir John Hotham in the Morning before his Execution procured a motion in the House of Commons for his Pardon which took up a Debate and Sir John being brought to the Scaffold on Tower-hill expected the good news of his Pardon and the time was protracted till two a Clock in the Afternoon but the Commons would not grant his desire He spake shortly to the people and Mr. Peters prayed with him and spake to the people in his Name and told them that Sir John ' s Father said to him when he was going forth to be a Souldier Son when the Crown of England lies at stake you will have fighting enough He was somewhat fearfull of death and his head was cut off The Committee of both Kingdoms reported their opinion to the Lords That the place for the Treaty of Peace should be Uxbridge and the Commissioners to be four Lords and eight Commoners and four Scots Commissioners to which the Lords agreed and sent to the Commons for their concurrence Both Houses agreed to send Commissioners to the Parliament and Assembly in Scotland The Queen of Sweden's Letter to the Parliament was read and contained a Narrative of the King of Denmark's hard usage of the Crown of Sweden and the great affection that Queen bears to England The Directory of Worship was fully agreed upon by both Houses and ordered to be printed and two of the Assembly to take care thereof and that a course shall be taken for publishing and settling of it to be generally used The Commons ordered that the Assembly of Divines should write a Congratulatory Letter to the Assembly in Scotland and to acquaint them what they had done and that the Parliament here had agreed in those Matters The Lords agreed to the Ordinance for Attainder of the Archbishop of High Treason and to be hanged drawn and quarter'd for it The Commons agreed that the place for the Treaty should be Vxbridge the Commissioners for
the Parliament to be sixteen and as many for the King The Propositions touching Religion the Militia and Ireland to be first treated on and twenty Days allotted for them that his Majestie 's Propositions be received by the Parliaments Commissioners at Vxbridge and transmitted to the Parliament The Commons proceeded to the Directory for the Government of the Church and voted upon a long Debate That to have a Presbytery in the Church is according to the word of God The Commons sent to the Lords for their concurrence to a Warrant for the Execution of the Archbishop according to the Ordinance for his Attainder to which the Lords agreed and a Warrant issued to the Lieutenant of the Tower to deliver the Prisoner to the Sheriffs of London to see Execution done accordingly The Parliaments forces that relieved Taunton in their Retreat fell upon the Enemies Quarters and took many horse and divers prisoners Colonel Ludlow's Regiment thinking themselves secure in their Quarters at Salisbury about 200 of them were surprised the Colonel and the rest brake through and got to Southampton and took Colonel Fielding and some others Prisoners The Scots forces got the Town of Carlisle and the King's forces in the Castle sent to Treat The Lord Fairfax possessed Pomfret Town and close blocked up the Castle and Scarborough Skipton and Sandal Castles were blocked up by the Parliaments forces Ordinances passed for payment of 6000 l. lent by the Commissioners of Excise and 10000 l. lent by Mr. Estwick The Lords at a Conference gave Reasons to the Commons against passing the Self-denying Ordinance wherein they affirmed the honour of Peerage to be so much concerned and the Commons ordered a Committee to draw up Reasons in Answer to those delivered by the Lords The Lords acquainted the Commons with a Petition from the Archbishop and a Pardon granted to him by the King under the Great Seal two years since but it was denied by both Houses being granted before conviction and if it had been after yet in this case of Treason against the Kingdom they said it could not be available His Petition was That in case he must die that he might be Beheaded not Hanged and that three of his Chaplains Dr. Heyward Dr. Martin and Dr. Stern might be with him before and at his death for his Souls Comfort The Commons denied both onely allowed Dr. Stern with Mr. Marshal and Mr. Palmer to be with him The Sheriffs of London attended in person to know the manner of the execution of the Archbishop for which they were referred to the warrant of both Houses that he should be hanged drawn and quartered Divers of the Lord General 's Officers of Foot petitioned the Commons and very modestly for the better discipline of the Army for which the House gave them thanks but this was looked upon by some as an ill precedent for Officers of the Army to petition the Parliament and it proved so afterwards The Commons being informed that a party of about 5000 horse and foot of the King 's were near Peterfield and had taken Christ-church and were drawing towards Surrey to disturb that association they sent some of their Members to the Lord General and to the Earl of Manchester to give an account why their forces lay quartered on their Friends near London and did not remove nearer to the Enemy according to former directions At this time the Earl of Manchester was under a kind of accusation and the Lord General in discontent Sir William Waller not much otherwise the forces not carefully ordered and the Parliaments business but in an unsettled condition so that it was high time for some other course to be taken by them The Commons appointed an Ordinance to be brought in for the ease of free quarter The Lords sent another Petition from the Arch-bishop to the Commons that he might not be hanged but beheaded and the Lords gave their reasons why they had assented to it and after some debate the Commons agreed to it also Order was made for provision for some of the Assembly of Divines who had lost their means by the Enemy Colonel Holborn with the forces under him that relieved Taunton took about 200 of the King's horse near Bridgewater Provisions were ordered to be sent by Mr. Davies for Ireland The Commons agreed with the Lords in an Ordinance for the Lady Wilmot who professed much affection to the Parliament and agreed for pardon of some condemned Prisoners in Newgate The Commons offered their reasons to the Lords for passing the Self-denying Ordinance and shewing the breach of privilege in sending to the Commons their Lordships reasons without the Ordinance The Commons gave order to the Commissioners of the Great Seal to issue out the Patents for new Sheriffs The Commons debated the model of the new Militia and it was propounded that the Army should be 21000 horse and foot Jan. 10. The Archbishop was brought to the Scaffold on Tower Hill and made a Speech to the people as he called it his last Sermon in which he endeavoured to excuse the Matters charged against him and professed himself of the Religion of the Church of England as it stands established by Law then he prayed to God to bless the Parliament to direct them that they may not fall under any misgovernment He concluded thus I forgive all the world all and every one bitter enemies or others whatsoever they have been which have any ways prosecuted me in this case and I humble desire to be forgiven first of God then of man whether I have offended them or they think I have Lord forgive them and now I desire you to joyn with me in Prayer Then he made a short Prayer audibly kneeling at the Rail after that putting off his Cloaths Coat and Doublet he kneeled to the Block and upon a sign given the Executioner took off his Head at one blow The Lord General and Earl of Manchester returned answer to the Parliament concerning the removal of the Army nearer to the Enemy The Commons desired the Lords to use expedition in passing the Self-denying Ordinance for that the Kingdom suffered much for want of passing it They permitted a Certificate to be made of the Judgment in the King's Bench against the Duke D'Espernon They debated about the new Model of the Army The Lords delivered to the Commons further Reasons against the passing of the Self-denying Ordinance but the Commons ordered that their whole House should go up with a Message to the House of Peers for the speedy passing of it and they acquainted the Lords with their Order to exclude all private business for eight days longer Captain Swanley took a Ship and in her the Commissioners sent from Ireland to treat with the King about a further Cessation with the King's Commission under the Great Seal and instructions about concluding a Peace with the Rebels of Ireland The whole House of Commons went
appointed for the two Ministers to attend the Commoners Sir Peter Killegrew was sent with the Letters to the King and was to bring back a List of the King's Commissioners for the Treaty and of their Attendants An Ordinance read and referred to a Committee of the whole House for laying the Assessment for the Armies upon the several Counties They appointed a day to consider of the business of Dunnington Castle and the Earl of Manchester The Lord Savile Earl of Sussex the Lord Piercy and the Lord Andover were consined at Oxford The business of Dunnington Castle and of the Earl of Manchester was taken into consideration and a weeks time given for the Earl to be heard therein if he please An affront done to the Commissioners of Excise in Lancashire was referred to examination and the House resolved to be severe in upholding the power of the Commissioners The Sergeant at Arms was sent to apprehend one as a Delinquent for serving of a Sub poena upon a Member of the House of Commons Goring with his forces coming before Christ-church were beaten back by Major Lower and many of them killed The Commons proceeded in the business of the new Model of the Army and nominated Sir Tho. Fairfax to command in chief and Colonel Middleton Holborn Fortescue and Barkley tobe four of the Colonels Then they appointed a Committee to consider what honour should be conferred on the Earl of Essex for his fidelity and good services to the publick the like for Sir William Belfour and to settle the payment of their Arrears to such as should not be employed in the new establishment The Commons proceeded upon the Ordinance for the new Assesment Colonel Lambert was ordered to speed down into the North to take care of the forces there he being Commissary General of the Lord Fairfax his Army when Sir Thomas Fairfax should come up Colonel Holborn took in the King's Garrison at Sydenham-house and therein about 100 Prisoners and the High Sheriff of Somersetshire and ten Commissioners of Array and after that he fell upon the Lord Hopton's forces going to joyn with Greenvile took some hundreds of them and drove the rest to Bristol The King made Prince Maurice General of Worcester Hereford and Shropshire and some of his forces began to fortifie Cambden-house Letters from Secretary Nicholas intercepted gave no hopes of Peace upon the intended Treaty Sir Peter Killegrew returned from Oxford with the King's Answer concerning the Treaty and the names of the King's Commissioners with a Safe Conduct and Propositions from the King to be treated on The Safe Conduct was inclosed in a Letter from P. Rupert to the Earl of Essex and was to this effect CHARLES REX Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our Generals Lieutenants General Commanders in Chief Generals of Towns Colonels Lieutenants Colonels Captains Officers and Souldiers belonging to any of our Armies or Garrisons and to all other our Ministers and loving Subjects to whom these presents shall come Greeting Our Pleasure and Command is that every of you permit and suffer that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bazil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierpoint Sir Henry Vane Junior Oliver St. John Bulstrode Whitelocke John Crew Edmond Prideaux for the Lords and Commons assembled in Parliament of England at Westminster and John Earl of Loudoun Lord Chancellour of Scotland Archibald Marquess of Argile John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir Jo. Smith Mr. Hugh Kenedy and Mr. Robert Berkley for the Estates of the Parliament of Scotland together with Mr. Alexander Henderson and their Retinue mentioned in a List annexed together with the Retinue of the Scottish Commissioners not exceeding in all the number of 108 persons together with their Horses Coaches and all other Accommodations for their Journey may repair to Uxbridge from London stay there and return at their pleasure and that they and any of them be permitted freely and as often as they shall please to go themselves or send any of their Retinue to and from Uxbridge and London without any let hinderance interruption or molestation whatsoever and to these our Commands we require your due obedience as you tender our service and will answer the contrary at your utmost perils Given under our Signet at our Court at Oxford the 21. day of January 1644. By His Majestie 's Command Edw. Nicholas The King's Propositions were Signed likewise Edw. Nicholas The Names of the King's Commissioners appointed for the Treaty for whom Prince Rupert desired a Safe Conduct from the Parliament were these The Duke of Richmond Marquess Hertford Earl of Southampton Earl of Kingston Earl of Chichester Lord Seymour Lord Hatton Lord Capel Lord Culpepper Sir Orlando Bridgman Sir Edward Nicholas Secretary Sir Edward Hyde Sir Richard Lane Sir Thomas Gardiner Mr. John Ashburnham Mr. Geoffrey Palmer with Dr. Stewart Dr. Laney Dr. Shelden and their Attendants in all to the number of 108. They were to meet with the Parliaments Commissioners on Wednesday the 29. of January at Vxbridge upon the Treaty for Peace The States Ambassadours were satisfied with the Answer of the Parliament to their Papers and said they would acquaint the States therewith expressing their good affections to the Parliament The Commons in a grand Committee further debated the Ordinance for new Modelling the Army and inserted therein the names of Sir Thomas Fairfax and of Major General Skippon They proceeded upon the Directory for Church Government and voted that several Congregations be under one Classis and that the Church be governed by Congregational Classical Synodical Assemblies and that there shall be one at least in every particular Congregation to labour in the word and doctrine Both Houses referred the Papers of the Treaty to the Committee of both Kingdoms to consider what is fit to be done and ordered that the Ministers in their several Congregations on the next Wednesday the day of the publick Fast and of the beginning of the Treaty should pray to God for his blessing upon it Both Houses ordered that the Lord Macquire should come to his Trial in the King 's Bench. A difference was between the two Houses touching the Safe Conduct for the King's Commissioners the Committee of both Kingdoms having altered some of their Titles given them by the King since the Great Seal was carried away from the Parliament as the Earl of Chichester they called Lord Dunsmore Lord Culpepper Sir John Culpepper Lord Hatton Sir Christopher Hatton and the new made Knights they called Mr. Hyde Mr. Lane and Mr. Bridgeman The Lords gave their Reasons why the new Titles should be given in the Safe Conduct the Commons gave Reasons against it as contrary to one of their Propositions and at length the Titles were agreed to be
the Militia which was appointed to be debated the next day in the morning 4. The Commissioners being met Sir Edward Hyde in the first place would have had it for granted that the whole power of the Militia by the Law of England is in the King onely This by Mr. Whitelocke was deny'd to be so very clear and he undertook to make it out that our Law doth not positively affirm where that great Power is lodged and doubted not but to satisfy the Commissioners fully in that point Whereupon it was moved that a day might be appointed to hear their Arguments when the Earl of Southampton Interposed saying My Lords We have already spent much time in debates touching the matters of Religion and although I should be very glad to hear both these worthy Gentle-men speak to this point by whom we may receive much satisfaction therein yet I think that it will more conduce to the setling of our business to decline any debate upon this matter and to see how far we can meet one another in the composure of the business upon this Proposition Hollis My Lords I think it is very well moved by that Noble Lord for saving of our time and more for endeavouring to compose any difference that may be upon this Proposition by coming as near as we can to satisfy one another and therefore though I should account the time very well spent to hear these worthy Gentlemen who I believe would very much inlighten our judgments in this matter yet I doubt it may not tend so much to a composure of it as may be by declining the Debate Several others of the Commissioners spake to the same effect with the Earl of Southampton and Mr. Hollis and thereupon it was thought fit to lay aside the debate between Sir Edward Hyde and Mr. Whitelocke and the Commissioners proceeded in the Treaty upon the Particulars of the Propositions of the Militia The Commissioners of both Kingdomes at their return to their Quarters gave Whitelocke thanks for encountring Sir Edward Hyde upon the point of Right of the Militia wherein he was so confident and said the Honour of the Parliament was concerned therein and vindicated by him The Assembly sent to the Commons a further part of the Directory for Government of the Church in a Presbyterial way as to the point of Excommunication and that some of them dissented in that point The Lords agreed to the Ordinance for the new Model of the Army under Sir Thomas Fairfax with some Alterations and Additions that the Officers should be named by both Houses That all the Officers and Souldiers shall take the Covenant and submit to the Church Government agreed on by the Houses and that every Lord Lieutenant be of the Committee of that County for this Ordinance Many Orders about the Scots Army moving Southwards and for supplies for them and for an establishment for the Garrison of Portsmouth Captain Hacker going to fortify Sir Erasmus de la Fountains house near Malton a party of the King 's came upon them but were repulsed and during the fight some of Hacker's men running into the house for powder set two Barrels on fire which blew up part of the house but withall discovered plate and jewels to the value of 600 l. that were hid there by the Enemy Colonel Hastings for the King sent out Warrants for Carriages to fetch Hay to Ashby the Parliaments Forces sent out their Warrants to bring the Hay to Coleorton but Hastings was too quick and had compelled the Country to load the Hay and with a strong guard was bringing of it to his Garrison Captain Temple the High Sheriff of the County having notice thereof with his Troop got between them and Ashby in the van and three Troops of Derby following in the reer after a little engagement Hastings his men fled and were routed and pursued 40 of them taken Prisoners 60 horse Arms and all their Hay 5. Debate about the Ordinance for the new Model and Orders concerning Musters and pay of the Army and about the Navy and for guards of the fishermen A Committee of both Houses to consider of sundry Letters and Papers concerning the County of Leicester Letters from Captain Cranley from Portsmouth informed that the Lord Brabson Sir Henry Tichburne Sir James Hare and the rest of the King's Commissioners for the Irish business lately taken at Sea had Letters and Papers taken about them of great consequence which with the Prisoners were sent up to the Parliament who referred the business to the Committee of both Kingdomes to be examined The point of Peerage in the Tryal of the Lord Macquire was argued in the King's Bench and the opinion of the Court was that he should be tryed there by an Ordinary Jury The King's Commissioiners at Vxbridge kept a solemn Fast and the like was in all the King's Quarters for the good success of the Treaty and in the evening they delivered a Paper to the Parliaments Commissioners that the next day they would give their answer touching the Militia 6. The debate touching excommunication put off Report of the Bill for taking away of Bishops and those of Ireland added to be abolished and several Votes concerning Church Government sent up to the Lords Some new Sheriffs appointed Orders for supplies of Abbington Colonel Gerrard besieged Cardigan Castle kept by Lieutenant Colonel Poole and by stratagem got into the Town and cut down the bridg to prevent Relief coming to the Castle where they wanted Provisions Gerrard sent a summons to the Castle that if they did not surrender by a day they should have no quarter Poole and his men returned Answer that they had divers raw hides which when they wanted provisions they would first eat and when they were spent then they would come out and fight for their lives but would not surrender the Castle In the mean time Poole sent to Major Laughorne for relief who came with a strong party and finding the bridge broken down he by faggots and pieces of wood got his men over the River and sent an arrow into the Castle with a Letter to give them notice of his coming and that they should Salley out upon the Enemy the same time that he fell on All which was performed so successfully that Gerrard's Forces were all routed 200 of them slain upon the place 4 brass pieces of Ordnance 600 Arms and 150 Prisoners taken whereof Major Slaughter divers inferiour Officers and Dr. Taylor The King's Commissioners gave in their Answer about the Militia wherein they agree to settle the Militia for three years and in the hands of twenty persons ten of them to be chosen by the King and the other ten by the Parliament And that it shall be High Treason for any to continue such power in the Militia after three years And for the Militia to be settled in Scotland they gave no Answer at all though the Papers delivered
into them were to settle the Militia of both Kingdoms This Answer of the King's Commissioners to the great Point of the Militia gave much dissatisfaction to the Parliaments Commissioners And the Earl of Northumberland Mr. Pierpoint Mr. Hollis and Mr. Whitelocke with others of them advising in private about it endeavoured by particular applications to their friends of the King's Commissioners to get a better Answer and more complying with the Parliament from them But it could not be obtained and they hinted to them that they were bound up by their Instructions from the King that they could go no further Yet they promised to send to Oxford to see if they could prevail there for a further concession from his Majesty in this particular But nothing came of it They sent the Papers on both parts in every dispatch to the Parliament and when these of the Militia were read the House of Commons seemed much troubled at them some were pleased who were no great Wishers of Peace and others doubted thereupon of any good success in the present Treaty 7. The Lord Mayor and Aldermen of London sent a Letter to the Speaker intimating the scarcity of Flesh-meats by the destruction of Cattel in the time of these Wars and the good by encouraging the Fishing and submitted the whole not as to the keeping of Lent but to prevent Dearth to the judgment of the houses Who ordered an Ordinance to be brought in for this business After a Debate from Morning till the Evening upon the alterations made by the Lords in the Ordinance of the new Model the Commons voted That Sir Thomas Fairfax should nominate all the Commanders in his Army to be taken out of any the other Armies and to receive the approbation of both Houses The Scots Commissioners at Vxbridge were much unsatisfied that no Answer was given touching the settlement of the Militia in Scotland and took it as an high neglect of that Kingdom They and the Parliaments Commissioners gave in some Papers to the King's Commissioners touching the Propositions for Ireland A Letter was past to be sent to the Parliament of Scotland concerning the Scots present advance Southwards 8. The Commons state from Eight a Clock in the Morning till Eight a Clock at Night upon the Alterations made by the Lords in the Ordinance for the new Model And agreed to most of them and ordered Reasons to be drawn up to satisfie the Lords in those wherein they differed They voted that all Officers in the new Army that shall be approved by both houses shall take the Covenant within twenty days and the Souldiers in a time to be set for it The rest of the Papers upon the Propositions for Ireland were delivered in to the King's Commissioners for the Treaty 9. The Lords-day one of the Ministers with the Commissioners preached very seasonably for the Occasion in the Morning and another in the Afternoon Some Visits past between some of the Commissioners on both parts and indeavours to perswade one another to nearer terms of agreement but to little effect 10. Some Debate touching the Point of Excommunication The Lords concurred with the Commons in a Letter to the Parliament of Scotland for the March of their Army Southwards and the place of their Rendezvous was referred to the Committee of both Kingdoms for the more secrecy thereof They also agreed in Approbation of the Opinion of Judge Bacon in over-ruling the Plea of Macquire in the point of Peerage who was this day at his Tryal in the King's Bench and excepted against twenty three of the twenty four returned of the Jury The Commons past the Bill for taking away Episcopacy in Ireland as in England and sent it up to the Lords for their Concurrence They nominated several High Sheriffs 11. Orders for Money and Supplies for the Navy The Reasons of the Commons for their differing from some Alterations made by the Lords in the Ordinance of the new Model where delivered to the Lords A Petition of Merchants trading into France whose Goods were seized there and Letters of Marque granted against all that adhered to the Parliament was referred to the Committee of both Kingdoms and to draw up a Letter to be sent to the King of France for redress therein Propositions touching Navigation sent from the Lords The Commons had information of a great Design in Bucks to dissolve the Treaty at Vxbridge to be effected by a Petition framed for them and great endeavours to get hands to it in Bucks The Petition was directed to the Commissioners of both sides at Vxbridge and 5000 Inhabitants were designed to come with it The Commons had a Copy of the Petition the Effect whereof was That Religion might be established as in the purest times of Queen Elizabeth c. Sir John Lawrence was informed to be the active Promoter of this Petition and was therefore sent for in Custody to the Parliament The Directory for Worship was much approved by the Assembly in Scotland General Leven went towards Carlisle to assist in the Siege there Macquire upon his Tryal in the King's Bench was found Guilty and had Judgment of High Treason pronounced against him to be hanged drawn and quartered He desired to be beheaded and to have his Execution respited till he might speak with Sir Bazill Brooke and Mr. Walter Mountague The Judge said he would acquaint the Parliament therewith and observe their directions The King's Commissioners at Vxbridge gave in their Answer to the Proposition concerning Ireland and therein justified the King in making a cessation with the Rebels there and that he is in honour bound to maintain it And they would by no means yield to that part of the Proposition To prosecute the War against the Irish Rebels The Commissioners entred upon a second Debate concerning Religion the King's Doctors highly insisted for Episcopacy 12. Orders for new Sheriffs and for Monies for the Army and the Lords were desired to expedite the Ordinance for the Model News came that Goring's Horse and a party of Foot from Portland by a sudden assault took the Works at Weymouth and the Town was in great danger to be lost if not suddenly relieved Orders were thereupon sent to Sir William Waller to march immediately for relief of Weymouth The House was in a Grand Committee to consider of the business of the Navy and of the Customs An Ordinance past for raising of Monies for the Scots Army to march Southwards 13. Letters from Sir William Waller intimated Disobedience in some of the Souldiers to march into the West and desired further power The House referred it to the Committee of both Kingdoms to give such power accordingly Such was the inconstancy of the Souldiers and the incertainty of the Affairs of the Parliament and of War Those who had been so well paid by the Parliament now dispute their Commands occasioned by the unsettledness of the Parliaments business
and the Discontents among the Souldiery because their General Essex was laid aside And here began their first unruliness Treasurers of Counties ordered to pay no Monies to Commanders who lay down their Commissions without further order Letters from Major Bridges Governour of Warwick informed that he sent two of the three Companies of his Garrison by small parties into the Country as to gather Contribution but commanded the Officers not to return without further Orders from him To these he got an addition of eighty foot and seventy horse with these he marched all Night and the next Morning by Day-break began to storm Stoke-house which the King's Forces were then fortifying and stood between two other of their Garrisons the House was strong and stoutly defended for an hour and an half and then Bridges entred it by force without the loss of one man though they were without shelter and the bullets and stones flew thick about them The King's Garrison at Campden and Evesham drew out to relieve their friends but Bridges had done his work took away his Prisoners and fired the house being a Fort onely of Papists The Prisoners were 5 Papist Captains and about 30 more Officers and Gentlement all Papists besides the Common Souldiers The Commons delivered their reasons 〈◊〉 the Lords why they could not agree that those Commanders who refused the Covenant should be made uncapable of ever serving the Parliament because that scruple of Conscience might in time be removed and they be persuaded to take the Covenant to the rest they agreed At the same conference they offered Letters that came from the Army from persons of credit of the great complaints against some Commanders of Horse and of the mutinous and disobedient carriage of the Souldiers refusing to march to relieve Weymouth being in great distress and that at the Muster no men appeared so full and well armed and civil as Colonel Cromwel's horse The Lords then shewed other Letters of the mutinous carriage of the Soldiers all which were referred to the Committee of both Kingdomes to be examined Letters from Sir Will Waller informed that he was resolved to march to relieve Weymouth with those that will follow him the rest to be looked upon according to their demerit The Committee reported several murthers rapes and other cruelties committed by some of the Parliaments Souldiers particularly some servants slain or wounded desperately of Mr. Hobyes a Member of the House and he called by them a Parliament dog Some of the Officers grew unsufferably dissolute and insolent and their Souldiers followed the example of their Commanders so that it was found high time to make a reformation among them The Ordinance was debated for restraining the killing of flesh The French Letters were stayed because of sending the Parliaments Letters to the King of France to take off the seisure there of some of the English Merchants goods Goods of some Tradesmen of London sold to the Enemy were restored because they were not for hostility and the same men Traded to Alesbury Captain Stone under Sir Will. Brereton marched with a small party against Pattshall house a Popish Garrison strongly fortified and moated and taking the opportunity of the drawbridg being let down he suddenly forced his passage surprized the Centries and fell in among the Garrison fought with them in the house killed many and took with divers Gentlemen of Quality two Jesuits and about 60 Souldiers prisoners and possessed the House Arms Ammunition and good prize The first three days of the Treaty were spent upon the Popositions touching Religion the three next days about the Militia the third three days about Ireland then they began again with other three days about Religion whereof this was the last In this time of the Treaty the King's Commissioners would not agree to the taking away of Bishops only they offered some limitation of their power The Directory for Worship settled by Parliament they would not agree unto and the National Covenant they in express and positive terms denied Doctor Steward and Dr. Shelden again argued very positively That the Government by Bishops was Jure divino Mr. Hinderson and Mr. Vines argued as positively but more modestly to the contrary and that the Government of the Church by Presbyteries was Jure divino 15. The Lords assented to the leaving out the Clause in the Ordinance for the new Model to make them uncapable who refused the Covenant but that they should be displaced from their Commands till they did take it to which the Commons to avoid more delay agreed and so the Ordinance passed Sir William Brereton sent out a party and beat the Enemy from Holt-bridge and placed a Garrison there He continues the Siege at Beeston Castle and Chester and himself took the Field with the additional Forces of Warwickshire and other Counties to attend the motions of Prince Maurice 16. The Lords-day the Parliaments Commissioners had two good Sermons in their own Lodgings 17. The French Resident wrote a Letter to the House of Commons as by direction from his Master the French King advising the Parliament to prorogue the Treaty at Uxbridge for some longer time as that which in his opinion would conduce much to the good of the Kingdom and was of great concernment and that it was the custom of other Princes to prorogue Treaties and so it was then at the Treaty of Munster There was nothing done upon this Letter The Commissioners at Vxbridge were entred upon the Propositions concerning the Militia secunda vice and upon consultation of the Commissioners of both Kingdoms they held it requisite to send one of their own number up to the Parliament to give them a full account of all their proceedings hitherto and to desire some further Instructions from them and particularly touching the Militia Whitelocke was sent by them upon this Service and accordingly he gave an account to them where-with they declared themselves to be well satisfied and approved the proceedings of the Commissioners They likewise voted That the Commissioners at Uxbridge should treat three days more than the twenty daies first allotted in lieu of the three Lords-days that happened in that time so that the Treaty is to continue till the two and twentieth of Febr. and that they shall have power to treat on any of the three Propositions appointed to be treated on The Marquess of Argyle sent into the Army of the Earl of Montross some Scouts and Spies who at first dealt faithfully with him but afterwards betrayed him and sent him Intelligence that the Army of Montross with the Irish Rebels come over into Scotland were remote from him whereas they were near to his Forces Argyle though late having discovered this and the Enemies coming upon him and finding his Officers and Souldiers full of mettle resolved to fight them but in the Battel some of his men those of Rentire revolted from him and
the Road who interrupted Meldrum's men in the Storm but his Canoniers sunk two of them and the other three fled away Meldrum took in the Town and Church 32 pieces of Ordnance with store of Arms and other prize and in the Haven 120 Ships The Commons ordered 1000 l. to be bestowed on Sir John Meldrum and 20 l. to him that brought the news Weymouth still held out and a party from Melcombe Regis sallied out upon the King's Forces who besieged these Towns joyning together and took of them 60 horse and many prisoners The King's Commissioners the Lord Capel and Ashburnham returned from Oxford to Vxbridge after which the King's Commissioners delivered in no further Paper but only insisted upon longer time for the Treaty The Parliaments Commissioners answered that if the King had consented to any one of the Propositions it might have been some encouragement to move the Parliament for longer time but as things were it could not be expected Both Houses sate till nine a clock at night in expectation of some good news from Vxbridge this being the last day of the Treaty and about eight at night at a Conference the Lords communicated to the Commons a Paper from the King's Commissioners at Vxbridge For the King to come to Westminster upon a safe Conduct so that the Treaty might be continued for a longer time Which being debated and a Letter coming the same time from the Parliaments Commissioners from Vxbridge That all this day till seven at night there appeared no Compliance in the King's Commissioners to grant any of the Propositions and that they pressed only for a longer time Upon this the House of Commons did rise without doing any thing in the business and this night till twelve a clock the Commissioners may treat and not longer and the Parliaments Commissioners have declared That to morrow being the Lords-day is not intended for one of the two days within the safe Conduct for them to return This caused much trouble in the minds of many honest men Lovers of their Countries peace and divers of the Kings Commissioners as well as the other seemed sorry that all their endeavours to so good an end should prove so fruitless The King's Commissioners thought the advantage much on their part that longer time to treat was denied by the Parliament and gave it out That if that had been granted there would have been a happy issue of the Treaty Those of the other side affirmed That there could be no expectation of a good issue of the Treaty or Inducement for the Parliament to grant longer time for the Treaty when not one of the Parliaments Propositions was granted by the King during the whole time of the Treaty Various Judgments were passed by all persons according to their own fancies or interests most sober men lamented the sudden breach of the Treaty Colonel Fiennes sent out a party of his Regiment who fell upon a party of the King 's near Newbury took forty good Horse and all their Arms about 100 l. in Contribution-money which the Enemy had gathered in the Country took prisoners Major Maxwell Captain Paddon his Lieutenant and 16 Souldiers 23. The Lords-day the Commissioners had Sermons in their Lodgings 24. The States Ambassadors came to the Speaker in the morning before he went to the House and desired Audience in the House this morning To impart to them something of Consequence The Speaker excused it That the House could not give a Reception answerable to their quality on such short warning They desired not to insist on that and to come only with their own Attendants The Speaker acquainted the House herewith and they gave way to the Ambassadors coming who went first to the Lords and after to the Commons and delivered their Message to this effect Shewing the great desires and endeavours of their Masters continued for an accommodation between the King and Parliament which concerns all Protestants and particularly their Lords and Masters That his Majesty while they were at Oxford honoured them by communicating to them what passed at the Treaty at Uxbridge And declared to them that if the Parliament be not satisfied with what he offered concerning Church-government his Majesty is contented that a National Synod be called of Divines from all the Protestant Churches in Europe for their advice herein After this their Message delivered the Ambassadors returned and this morning the Commissioners of Parliament returned from Vxbridge to the two Houses but made no report till the next day Letters from Captain Batten informed that he had relieved Melcombe Regis by Sea with Provisions and 100 Seamen that 60 men in Weymouth were privy to a Plot for betraying Weymouth to the Enemy That the Parliaments Forces in Melcombe by the benefit of a fair wind fired divers of the Enemies Ships in the Haven and a part of Weymouth That Colonel Sydenham and his men maintain Melcombe with great gallantry Captain Swanley by Sea relieved Plymouth and landed some Foot-souldiers there who with a party of the Garrison sailled out upon the Besiegers that had gained a Hill and Mount Stamford work formerly slighted but now the King's Forces were busie in raising a very strong Work there The Garrison and Seamen fell upon them unexpectedly beat them from their new work and at length out of the field and pursued them two miles took 104 Officers and common Souldiers whereof a Lieutenant Colonel a Major 4 Captains and other inferiour Officers and 300 Arms and lost but one man slain and another wounded A party of Sir William Brereton's under Sir John Price a Member of Parliament took Apseley House in Shropshire and in it Sir William and Sir Thomas Whitmore Sir Francis Oatley Mr. Owen and other Commissioners of Array there sitting and about 60 common Souldiers Prince Maurice declined fighting with Brereton Colonel Craford at Rusham in Oxfordshire took 40 Horse with men and Arms of the King 's 25. The Parliaments Commissioners reported all the passages the last day of the Treaty The Commons approved of what was done by the Commissioners and that they had discharged their duties with singular judgment and fidelity and returned them thanks for their pains Letters from the Committee at Wem and from Sir William Brereton informed that the Committee having several times attempted the taking of Shrewsbury but failed therein On the last Lords-day about 1200 horse and foot under Colonel Mitton marched to Shrewsbury and unexpectedly entred and surprized the Town and Castle They took there 8 Knights and Baronets 40 Colonels Majors Captains and others of quality and 2000 thers prisoners one Captain and 5 Souldiers slain 15 pieces of Ordnance taken store of Arms and Ammunition Prince Maurice his Magazine divers Carriages Bag and Baggage of the Princes An Allowance was given to the Lord Herbert of Cherbury for his livelihood having been spoiled by the King's Forces Upon the Cities Petition an Ordinance for rating those who have
for their former mutinous carriage and desired him to send their most humble Petition to both houses That they might again be received into their favour and their former offence fully pardoned and promised a valiant testimony of their future service which was well accepted by the Parliament A great debate about the trade of Coals and to take off the imposition upon it An Ordinance for the Officers in Sir Tho. Fairfax his Army constantly and personally to attend their charge and not to be absent without leave Letters from Major General Brown informed that he had stopped the passage by water between Newbridg and Oxford and sunk some great boats carrying Provisions to Oxford and taken divers parties of the King's Forces near Oxford and kept them in continual motion That a party from Oxford scouting abroad had intercepted divers Country people going to Abington Market of which Brown having intelligence sent a party of horse against them who slew the Commander in chief an Irish man and 8 more took about 40 prisoners and 30 horse and returned home without any loss That among the prisoners taken was an Irish man whom the Major General caused presently to be hanged according to an Ordinance of Parliament A list of the Officers there 20. The Captains of Ships under the Earl of Warwick were in a list presented to the House of Commons and consented to The Captains for the Merchants Ships were referred to be named by the Merchants 21. The Commons in a grand Committee considered about the persons that should be debarred from receiving the Sacrament and referred it to the Assembly Resolutions touching the Scots Army in Ireland and in the North upon an account of them from the Committee of both Kingdomes Orders for expediting Sir Tho. Fairfax and for the Assembly to nominate some Ministers to go with the Army Waller and Cromwell with a strong party followed Goring who endeavoured to joyn with Greenvile and Berkeley Governour of Exeter 22. Order for a fortnights pay for Sir Thomas Hoogans Regiment and divers fines for Compositions confirmed 1000 l. thereof paid to Waggoners who lost their Teams and 500 l. to Souldiers Widows The Parliament pardoned Tho. Seppens condemned by the Council of War to dye Provision made for Windsor Garrison and the Committee of Oxon Berks and Bucks to treat with the Militia of London about the constant maintenance of it The Arrears of Major General Skippon ordered to be audited and 500 l. imprested to him Letters from Sir Will. Brereton informed that he kept the field and that the Enemy had attempted nothing upon him but plundred the Country and committed many hundred rapes and cruelties that the Scots horse were advanced as far as Manchester towards him 24. Order for 4000 l. for Langherne Captain Batten came to the house and had their thanks for his good service and a gratuity given him An Ordinance giving Commission to Sir Thomas Fairfax to execute Marshal jurisdiction to fight with and slay all such as shall oppose him and to suppress all Forces not raised by Authority of both Houses of Parliament was read the first and second time and Ordered that some Members of the House should presently withdraw and make some alterations This was done and reported back to the House before they rose and then the Ordinance read the third time the same morning and consented unto and sent to the Lords Acourse not formerly used and of too much hast for a Parliamentary way but excused by their then exigencies and the unusual matters for Parliaments then before them At a Conference Sir John Evelyn Jun. declared the great sense the Commons had of their Lordships Concurrence with them in the great affairs now in Parliament on which the Security of the whole Kingdome did depend and acknowledged their Lordships Renowned actions and unwearied endeavours with them for the publick good Then a Declaration of the House of Commons was read that whereas some disaffected persons sought to foment jealousies by raising a report that the House of Commons had an intention to subvert the privileges of the Peers they declare they do so far detest any such designe that they will use all kind of means to find out the Authours of such report and to bring them to punishment Some imprudent speeches had been given out by some Members of the House of Commons and others upon the Lords rejecting the Ordinance of Self-denying and not concurring in other matters with the Commons and as the Earl of Essex his party was strongest in the Lords House so the party of his Enemies was most prevalent in the House of Commons Some of them them were not discreet in their extravagant speeches and discourses touching the House of Lords which was like to have kindled a sharp contention between the two Houses but by this Message and Declaration it was for some time appeased Waller Holborne and Cromwel were joyned in the West and Prince Charles Goring Hopton and Berkley were got together and Greenvile expected to be with them Sir John Meldrum going up a rock to view a place to plant his Cannon against Scarborough was blown down by a violent wind and bruised The Newarkers came to assault Grantham but were repulsed and about 20 of them slain and divers prisoners taken 25. The Commons in a grand Committee debated the Question of admitting and keeping from the Sacrament ignorant and scandalous persons and past some Votes in it Order for 1500 l. for Sir Tho. Fairfax Sir John Hinderson was taken by the Aylesbury Forces and brought to the Parliament with Letters taken about him from our King to the King of Denmark in recommendation of Hinderson The Parliament committed him to the Tower and ordered Letters to be written to the King of Denmarkt setting forth the condition of Hinderson and how much he was an enemy to the Parliament The Clubmen in Worcestershire being near 14000 and some of them well armed sent to Colonel Massey for assistance to besiege Hereford he sent back to them that if they would fully declare for the Parliament that he would joyn with them for which they took two or three days respit Captain Tomlinson from Abington defeated a small party from Wallingford Anno 1645. Car. 21 26. The day of the Monthly fast solemnly kept 27. The Assembly came with a further advice to the House of Commons touching the not admitting ignorant persons to the Sacrament The Scots Forces being joyned with Sir William Breneton the Prince's Forces retreated and would not ingage Prince Rupert marched towards Worcester Prince Maurice to Ludlow and Langdale Northwards Order for a strong party of Dragoons and supplies to Abington the Enemy being expected at Oxford and for monies for Reading Garrison Divers Voluntiers coming into Sir Tho. Fairfax 7000 l. was ordered to such as he should give warrant for it for advance money for Voluntiers Anno 1645 Waller with 2500 Horse
pieces of Ordnance 8000 Arms 40 Barrels of Powder 200 Carriages all their Bag and Baggage with store of rich pillage 3000 Horse the King's Standard and divers Colours of horse and foot one of the King's Coaches and his Cabinets of Letters and Papers Sir Marmaduke Langdale fled to Newark 15. The Lord's day divers Preachers took notice of this great Victory in their Prayers and Sermons and returned Prayers to God for it 16. Several Gentlemen Colonel Jo. Ficnnes and others came from the Army with the Prisoners and Colours and some with Letters from the General of this great success at Naseby they were called into the House and made a particular Narration of the fight The House gave 100 l. to one of them 40 l. to another and gratified all the Messengers of this good News Then according to the desire of Sir T. F. in his Letters they ordered a Day of Thanksgiving to God for it the Parliament to keep it at Christ-church and the Lord Mayor Aldermen and the Common Council to be desired to meet the Parliament there and another Day of publick Thanksgiving for this Victory was appointed to be kept in all Counties within the power of the Parliament Letters of thanks ordered to Sir T. F. and his Field-Officers and 500 l. to be bestowed upon a Jewel for Sir T. F. Order that Lieutenant General Cromwel shall continue Lieutenant General of the Horse under Sir T. F. during the pleasure of the Houses notwithstanding the Self-denying Ordinance and shall receive the pay of Lieutenant General for the time of the establishment of this Army The same Night after the Battel of Naseby Sir T. F. blocked up Leicester with his Horse and next day his Foot came up to him Houghton Garrison being taken by a party from Newark was the same Day regained by Col. Rosseter who released the Prisoners taken there and took of them Prisoners M. Broughton and divers other Officers 55 Gentlemen Voluntiers and Souldiers and 60 Horse A party of Sir William Brereton under Lieutenant Colonel Venables fell upon a party of the Chester forces took 180 of them Prisoners and 30 Horse and forced the rest back into Chester Several parties of the King 's joyning to besiege Sir W. Whitmore's House a Garrison of the Parliament a party from Shrewsbury encountred with them slew and took Prisoners about 400 and dispersed the rest and Sir William Croft's was slain in the Fight Captain Stone and Captain Tuthall fell upon a party of the King 's near Litchfield took Major Henningham other Gentlemen and Officers of the name of Devexeux 25 common Souldiers 40 Horse and Arms i a Coach and Horses divers Port-mantles and good Pillage 17. Debate in a grand Committee of the business of the Church An Ordinance committed for the sale of Delinquents Estates The Town of Taunton understanding from Lyme of the Parliaments sending relief to them and having a small supply of Powder from Lyme a party of the Garrison issued out upon the besiegers took and slew above 400 of them with the loss of 100 of the Garrison and by this means the Enemy drawing back they have inlarged their quarters five or six miles compass 18. The Sheriffs of London came to both Houses and in the name of the Lord Mayor Aldermen and Common Council invited them to Dinner the next Day being the Day appointed by them for publick Thanksgiving and both Houses accepted of the invitation Order for a Collection at the day of Thanksgiving for those of Leicester now in Town The Lords agreed to the Ordinance for Lord General Cromwel to be L. General of the Horse but altered it in point of time to be but for 3 months to which the Commons upon Debate consented Colonel Fiennes sent up to London with the 4500 Prisoners taken at Naseby Battel was ordered to stay at St. Albans till the House should take order for the disposal of them 19. Both Houses and the City kept the Day of Thanksgiving together and news was brought to them of the regaining Leicester Letters informed that upon routing the King's Army Sir Jo. Gell gathered together all the forces of Derbyshire and the adjacent parts and June 16. they met with some of the King's Horse and took 200 and another party fell upon the Newarkers and routed them took 60 horse 42 Prisoners and 80 Arms. The same Day Sir T. F. came before Leicester and summoned the Town to surrender to him and not to force him to take it by storm the Governour answered that he would not surrender it Sir T. F. called a Council of War about the storming of it which was concluded The next Day they fell to raising Batteries and made all provision Night and Day for it June 17. Sir T. F. battered the Town and stormed it and the Governour sent for a parley to which Sir T. F. agreed and sent Colonel Pickering and Colonel Rainsborough his Commissioners into the Town to treat about the surrender of it In the mean time Sir T. F. lost no time to make provision for the storm and had intelligence that the King was advancing with about 4000 horse towards them But the Commissioners agreed with the Lord Loughborough Governour of Leicester for the rendition of the Town to Sir T. F. upon Articles and there he had 14 pieces of Ordnance 30 Colours 200 Arms 500 Horse 50 Barrels of Powder and all their Arms Ammunition Provisions Bag and Baggage Both Houses were magnificently feasted by the City at Grocer's-hall and after Dinner they sang the 46. Psalm and so parted 20. The Commons sent a Letter of Thanks to Major General Skippon and Dr. Clarke a Physician to visit him and desired Sir Tho. Fairfax to take care that the Chirurgeons of the Army might use their best endeavours for his recovery The Scots Army being at Nottingham and Sir T. F. at Leicester it was referred to the Committee of both Kingdoms to mannage the Armies to the best improvement of the publick service An Ordinance past for Rutlandshire A Petition from the Adventurers for Ireland An Ordinance past for the Northern association Sir T. F. his Army notwithstanding their hard service marched from Leicester and sate down before Ashby de la Zouche 3000 fresh horse of Sir John Gell Colonel Rosseter Colonel Lambert and others pursued the King's Army 21. Order for the Prisoners taken at Naseby to be put into the Military grounds till they should be otherwise disposed of Care was taken of the wounded Souldiers and for prosecuting the war and advancing of the Armies in pursuit of the King's forces The 4500 Prisoners taken at Naseby fight were conducted through London to Westminster and 55 of their Colours then taken carried before them 22. The Lord's Day great expressions in the Pulpit touching the Victory at Naseby 23. Carlisle was willing for a Treaty of surrendring the Town if they might be assured of an English
on both sides and they took sixty Dragoon Horses and Arms from the Parliaments Forces for restitution whereof Colonel Massey sent a Trumpeter to them and they promised to make restitution the next day Letters sent from both Houses to Sir T. F. and Colonel Massey to inform the Clubmen of the Parliaments intentions to relieve Taunton and to require them to depart peaceably to their habitations and that they should not be questioned for their rising otherwise to be taken as contemners of the Parliaments authority and to be fallen upon as Enemies The King's Letters taken at Naseby were read at the Common Council and observations upon them and they were appointed to be kept in a place where any might peruse the Originals for their satisfaction The Kingdom of Scotland sensible of the Calamities of the three Kingdoms in this Civil War drew up a Remonstrance by way of Summons to His Majesty to come and joyn with them in the Solemn League and Covenant and this being by consent of the general Assembly of that Kingdom was sent to His Majesty Whitelocke attended the House all this Morning and nothing was said to him in publick by reason of the other business about 12 a Clock he acquainted the House that he received a Letter from a worthy Member of the House signifying their pleasure that he should attend them which he now did accordingly and humbly desired to know what the business was Then it was moved by some that the Letter and Paper of the Lord Savile might be read to him others were for a time to be appointed two or three days after for this business Whitelocke desired it might be the next day Upon his suit it was appointed for the next day and that the Paper and Letters of the Lord Savile should be then ready and he to be heard to say what he thought fit to this business 4. The Justices of Peace not being informed of the order for Lusher the Priest to be sent out of the Kingdom proceeded in his Trial and he was convicted but the Commons ordered his Reprieve so was one White another Romish Priest Intercepted Letters of the Portugal Ambassadour were ordered to be broken open by the Committee of Examinations and notice thereof to be given to the Agent that he if he pleased might be present The Lord Fairfax had the Thanks of the House for his good service and the same ordered to be entred into the Journal of the House Sir T. F. was on his march to Taunton as far as Blandford where he joyned with Massey Goring had drawn off his Horse but left his Foot in the passages to block up Taunton The Scots Army were at Birmicham marching towards Worcester and in their way took about 80 of the Dudley Horse About ten a Clock some Friends of Mr. Whitelock's called upon the business appointed for the Day and the Letter of the Lord Savile with the Paper inclosed were read in the House to Mr. Whitelocke after which he stood up in his place and made Answer to it by way of Narrative to this effect Mr. Speaker I am happy since I must be under an Accusation which is no mean thing in this honourable House that this Gentleman my Lord Savile is my Accuser and more happy that you to whom I have been so long a Servant and who know my ways so well are to be my Judges I shall say nothing concerning my Lord Savile because he is my Accuser but to the parts of his Accusation I shall give you a short and true Answer with all ingenuity and submission to your great judgment His first part of the Accusation is that I was a person well affected to the King but he gives no instances thereof nor is it a crime to be well affected to my Sovereign we have all expressed the same in our Covenant I could give some instances to the contrary effect as the plunder of my Goods seizing the profits of my Lands indicting my person of High Treason for serving you and giving away my inheritance to Sir Charles Blunt a Papist which are no great motives to an extraordinary affection more than a Subject is obliged to his Prince But if my Lord Savile means by well affected to the King my being well affected to Peace I confess I am a passionate Lover of a good Peace and Seeker of it and thereby have testified my affection both to King and Parliament and the longer our Troubles continue the more we shall all be of this opinion and affection Sir I hope I may be thought capable to know my duty to my King and to understand what Protection I was to have from him the mutual Relations of both and further I hold my self disobliged The second Accusation is That I met at the Earl of Lindsey's Lodgings in Oxford to advise about the King's Answer to your Propositions and that I there did give advice to the King contrary to the trust reposed in me by you To this I answer That when your Commissioners came to Oxford we consulted together what among other things was fit for us to doe in point of Civilities and Visits whilst we were there and it was agreed by us all that we should not visit any that were excepted in your Propositions but that we might visit others who did visit or send Visits to us The Earl of Lindsey sent to visit Mr. Hollis and me with a Complement That he was not well else he would have come to visit us at our Lodgings And I having a particular relation and alliance to him we went together to return a visit to his Lordship and told our fellow Commissioners of our intentions before we gave the visit and they approved of it When we came to the Earl's Lodging we found there the Earl of Southampton the Lord Savile and some others but it was so far from an appointed meeting that I knew not of their being there till I saw them in the Chamber There was much discourse among us about your Propositions and they urged the unreasonableness of them we affirmed the contrary and vindicated your honour in them There was also discourse concerning the Scots Commissioners whom they affirmed to be averse to peace we assured them that they were not but willing to have a good peace There was likewise upon this occasion discourse of the Presbytery and of the Point of Jure divino we told them that the Scots were off from the rigid Presbytery and did not insist upon the Point of Jure divino They were then likewise discoursing of Tumults and of Persons and Petitions brought to Westminster in a violent and disorderly manner we did not speak of any violent Independent Party nor any the words mentioned in the Lord Savile ' s Paper nor that the Propositions were unreasonable They indeed pressed much upon that Argument that they were unreasonable particularly the Propositions concerning Religion and the Militia we told them that
unless the King would grant those Propositions it would be in vain to treat of any peace There was also much discourse about the acknowledging you to be a Parliament the Earl of Lindsey said That the King had acknowledged you a Parliament by the words Lords and Commons of Parliament We answered That this was the same style his Majesty gave to the Assembly at Oxford and we could not be satisfied with that acknowledgment Then the Earl of Lindsey demanded of us how we would be acknowledged We told him thus The Lords and Commons assembled in the Parliament of England at Westminster After this we returned to our Lodgings and acquainted our fellow Commissioners with the persons that were at the Earl of Lindsey ' s Chamber when we were there and with the matter of our discourse with them In all our discourses Mr. Hollis and my self did justifie your Propositions and vindicate your Proceedings Mr. Speaker It is no small trouble to my thoughts to have my Name questioned in this House but I am comforted in my own integrity and innocency and in my Accuser but chiefly in my Judges to whom I most humbly and most willingly submit my self After Whitelocke had spoken there was much debate in the House whether this Paper of the Lord Savile were an Accusation or Charge against them Many Gentlemen argued That it was against the Privilege of the House to take it for an Accusation being from the Lord Savile who was an Enemy come from the King's Quarters and one in contempt to both Houses of Parliament for refusing to name the person from whom he received the Letter concerning Mr. Hollis and therefore committed a close prisoner That he had not discovered this to the Parliament in five or six Months together that he had been in their quarters but after he had been complained of by Mr. Hollis about a Letter and Mr. Whitelocke was in the Chair of the Committee appointed to examine the business of that Letter Then the Lord Savile brought in a new Accusation both against Mr. Hollis and Mr. Whitelocke the Chairman to take off his testimony for Mr. Hollis Others went upon this ground That this business might be committed to see if the Lord Savile would avow his Letter and Paper and by what testimony he could make it good and that Mr. Hollis and Mr. Whitelocke might have reparation and be cleared from this aspersion But these were not their Friends and moved this out of a design to bring the business before a Committee to be examined more than out of respect to them After a long debate it was at last referred to a Committee to be examined in the general and power given to the Committee to examine any Member of the House and a Message sent to the Lords to desire that the L. Savile might be examined at this Committee Those who were of a contrary party to the Earl of Essex set their interest upon it to ruine Mr. Hollis whom they found to be a great Pillar of that Party and with him to ruine Mr. Whitelocke they being both involved in this business but they had not the same envy against Mr. Whitelocke as they had against Mr. Hollis nor could they well sever them But now having got it referred to a Committee they resolved there to put it home and were full of expectation to destroy them both which was their intention 5. A Letter from the Portugal Agent and his carriage to the Parliament referred to a Committee and how the Parliament might be vindicated therein Order that the Militia of London should put in execution the Ordinance for searching for Papists and Delinquents Proposals from the Governour of Windsor for supply of that Garrison presented to the House from the Common Council of London and referred to the Committee of the Army Sir Thomas Fairfax and Colonel Massey marched from Blandford towards Taunton their Scouts and Goring's had some Encounters but Goring understanding that Sir Tho. Fairfax was advancing towards him drew off all his horse and foot from before Taunton and went towards Exeter The Lords sent a Message to the House of Commons in answer of theirs yesterday That the Lord Savile if he pleased might be examined from time to time at the Committee to whom the business of his Letter was referred 7. Divers of Westminster in the name of the City petitioned the House for Maintenance for the Lecturers in Westminster Abbey out of the Revenues belonging to the Dean and Chapter there Thereupon an Ordinance was read and committed for regulating the College of Westminster and the Petitioners called in and acquainted with the care of the House in their business and had the thanks of the House Letters from Scout-master General Watson informed that the Enemy was wholly drawn off from before Taunton An Ordinance sent up to the Lords for making Mr. Jackson Lecturer at Gloucester and a 100 l. per annum to be settled on him and the House ordered Col. Morgan to be Governour there An Ordinance sent up to the Lords for One percent for the Captives in Argiers The King's Forces from Bolton Castle surprized Raby Castle belonging to Sir Henry Vane but were again close blocked up by Forces raised by Sir George Vane The Scots Army were on their march towards Worcester as far as Birmicham The Marquess of Argyle was in pursuit of Montross over the Hills and the Parliament of Scotland being now sate the Parliament of England appointed the Earl of Rutland the Lord Wharton Sir Henry Vane senior Sir William Ermine Mr. Hatcher and Mr. Goodwyn to be their Commissioners in Scotland The King with about 4000 horse and foot was at Hereford to raise 5000 l. Assessment and some Recruits The Committee of Salop took in Cause Castle Hawarden Castle and Lynsell House belonging to Sir Richard Lucy and sate down with their Forces before High Arcall the Lord Newport's House In the Afternoon Mr. Hollis and Mr. Whitelocke attended the Committee touching my Lord Savile's Accusation where Mr. Samuel Brown had the Chair and was no friend to them in this business but pressed matters against them more than a Chair-man was to do The Lord Savile was brought into the Committee and his Letter and Paper read to him which he owned as his and his hand to them and that he would justifie them to be true upon his Soul and his Life Mr. Hollis and Mr. Whitelocke averred the contrary but with less passion and with less indiscretion than the Lord Savile who being put to it by the Committee could not make any proof of one Particular mentioned in his Papers more than they themselves acknowledged which was the same in effect that they had said before in their Narratives in the House Every particular Clause in his Papers were severally read and he heard to them and they to make their Answers but they both did it with this reservation That what they did in this was out of their willingness
that Sub-Committee by name did know of this his design and did authorize him to send to Oxford about it he answered that the Lord Say was from time to time acquainted with this business and did incourage and authorise him to send to Oxford about it and that he sent several times by Mr. Howard to Oxford with much to the same effect By this their friends found the bottom of this design against them to be from the advice if not contrivance of the Lord Say and the Lady Temple a busie woman and great Polititian in her own Opinion was made use of by the Lord Say to whom she was allied and by the Lord Savile to be an Agent in this matter The design and endeavour also against them was by these Papers and Examinations made the more apparent which took off the edge of divers Gentlemen who thought this Prosecution not ingenuous nor handsom against them Their friends made good use of it both at the Committee and afterwards in the House and carried it by vote to have these particulars with the rest of the Examinations reported to the Parliament 15. A Message from the Lords to the Commons about removal of the Lord Powys a Prisoner to London and for an allowance for him An Ordinance committed for impowering the Militia of London to raise horse and Dragoons for the Counties of Berks Bucks and Oxon. Major Harrison sent from Sir Thomas Fairfax to the Parliament gave them a particular and large account of the battle of Langport the Commons gave 200 l. to Major Bethell as a gratuity for his service there and ordered two good horses for Major Harrison and a Letter of hearty thanks to Sir T. Fairfax Petition from Hartfordshire of their grievances referred Sir Thomas Fairfax summoned Bridgwater but the Governour Colonel Windham gave a resolute denyal whereupon Sir Thomas Fairfax prepared to storm About 800 of the Prisoners taken at Langport fight took the Covenant and entred into the Parliaments Service Sir Thomas Fairfax went to a Rendevous of the Clubmen about 2000 of them and propounded that they should not supply Bridgwater that what his Army had of them should be paid for and no wrong done to any of them by any of his forces but upon complaint against any Officer or Souldier under his Command that right should be done 16. Major General Skippon brought to London Business of the Church debated in a grand Committee and about instructions for the Commissioners to be sent to reside in the Scots Army Referred to the Committee of both Houses for Ireland to take care for sending thither those Prisoners who were willing to fight against the Irish Rebels and for the supplies for Munster but those Prisoners who had formerly served the Parliament or were meer Irish were committed to close custody to be proceeded against according to Justice An Ordinance sent up to the Lords for making one Mr. Reynolds Deputy Clark of the Hannaper with the Salary of 50 l. per an and the profits of the place to goe to the use of the publick The King was in Wales some Parliament Ships came into King's Road to block up Bristol The Scots had some loss by the Forces of Montross at Dundee 17. The Ordinance for the Clark of the Hannaper and for Forces for Oxon Bucks and Berks sent to the Lords Care for the Charge of the Funeral of the Countess of Dorset Sir T. F. took in Borrowes a Fort of the King 's four miles from Bridgewater in which were 140 men of whom 80 took the Covenant to serve the Parliament and the rest of them marched away The Report was made to the House about the Lord Savile's business and it was moved that there might be a further examination of Mr. H. and Mr. Wh. in the House and that any Member might have liberty to ask them what questions they pleased which the House ordered and that they should be severally examined and to begin with Mr. Hollis Mr. Whitelocke sate still in his place and it was moved that he might be ordered to withdraw whilst Mr. Hollis was in examination but that was opposed as contrary to the Privilege of the House that there being no legal charge against them they ought to have the same liberty and freedom of Sitting in the House as the other Members had and neither of them to be ordered to withdraw After much debate upon this point it was brought to the question whether Mr. Wh. should be ordered to withdraw whilst Mr. Hollis was under the Examination of the House and it was carried in the Negative that he should not withdraw This question being past Mr. Wh. stood up and told the Speaker that since the House had done him that justice and favour and themselves that right in the consequence thereof Yet now to manifest the confidence he had in his own innocency and that he sought no advantages for his own vindication in this business he would of himself with their leave withdraw whilst the House should be in the Examination of Mr. Hollis Then he did withdraw and went up to the Committee Chamber at which the House seemed to give a good approbation Mr. Hollis was almost two houres under examination in the House there being some particulars urged against him which were not against Mr. Whitelocke particularly in the matter of intelligence and correspondence with the King's party The questions and matters upon which he was examined were in effect but the same which had been formerly mentioned in the House and at the Committee to which he answered fully and prudently and with great courage and when they had sifted the business as much as they could with him they gave him over and sent for Mr. Whitelocke down out of the Committee chamber to be examined He came into the House and then Mr. H. withdrew of himself into the Committee chamber whilst Mr. Wh. was under examination A multitude of questions were demanded of him insomuch as one Gentleman Sir Peter Wentworth asked him above thirty questions onely for his part The matters demanded of him were but the same in effect that had been mentioned formerly and what he answered did agree punctually with what Mr. Hollis had said before It is a very solemn thing to be examined by a House of Commons where there are so many Wits and so much odds and advantage to be taken against one single man and that in a business of High-Treason where Honour Fortune and Life are at stake The House sate upon this business till 7 a Clock at night the Earl of Essex his party and all their friends putting forth the utmost of their power and interest to rescue these two Members from the malice and danger they were now under And the other party of the House as earnestly labouring to be rid of them both either by cutting off their heads or at least by expelling of them from being any more Members of Parliament
They were so eager upon it that they ordered to resume the debate of this business the next morning 18. The Lords sent their concurring to the Ordinance for Commissioners to reside in the Scots Army and to some small amendments made by their Lordships the Commons assented and the Commissioners were required to repair with all convenient speed to the Scots Army in England Power given to the Northern Committee to sequester Malignant Ministers The House proceeded upon the Report of the Lord Savile's business and past a Vote that the same was ripe for judgment and ordered that they would proceed to judgment thereupon to morrow morning They likewise ordered that the business concerning Mr. Cranford a Minister of the City in relation to several Members of the House should be reported to the House and proceeded in with the Lord Savile's business to morrow morning 19. An order for charging the Ordinance for sale of Delinquents Estates with 1000 l. for Manchester Garrison Sir Thomas Fairfax sat down before Bridgwater he went the second time to the Clubmen and offered them so fair conditions that most of them departed to their habitations and many of them came into the leagure to serve the Parliament the chief Gunner in Bridgwater revolted from them and came to Sir T. Fairfax The House fell upon the business of Mr. Cranford and voted that the words spoken and reported by him against some Members of the House of Commons and of the Committee of both Kingdomes that they kept intelligence with the King's party and were false to the Parliament were false and scandalous That Mr. Cranford at a full exchange in London and at Westminster should confess the wrong he had done them in so scandalizing of them That he should pay 500 l. to each of those 4 Members for their Damages That he should be committed to the Tower during the pleasure of the House Then the House proceeded in the Lord Savile's business and after a long debate upon the result passed a Vote That Mr. Hollis was not guilty of holding intelligence with the Enemy as was pretended and they did fully acquit him thereof This gave good incouragement to Mr. Hollis and Mr. Whitelocke and to all their friends who would fain have brought on the rest of this business but that it was almost 9 a clock at night and therefore too late to proceed further in it this day The other party their adversaries would have declined any further proceedings of the House in this business at this time hoping in time to get some further evidence against them and then to revive it and doubting as the present constitution of the House was that Mr. H. and Mr. Wh. might be acquitted Mr. Hollis and Mr. Whitelocke pressed the more earnestly to bring the business to a final determination whilst their friends were in Town and the House fully possest of the business and in so good a constitution and humour for them and they desired not to continue under a cloud and the various discourses of people not to be kept lingring but to know their doom either of condemnation or acquittal Their Friends at last with much earnestness and against great opposition and debate carried it by vote to have it ordered that the L. Savil's business should be resumed on Monday morning 21. The House of Commons according to their order resumed the debate of the L. Savil's business and after a long and warm discussing of all the particulars and arguments relating to it they at length upon the question passed a vote to this effect That it not appearing that Mr. Hollis and Mr. Whitelock had done any disservice in their proceedings at Oxford that therefore the remainder and whole matter of this report should be laid aside and not to be further proceeded in And that the said Mr. Hollis and Mr. Whitelocke should have liberty to prosecute if they please the Lord Savile now prisoner in the Tower for damages Mr. Whitelocke absented himself from the House when they came to give their judgment It was observed that generally the Gentlemen of best interest and quality in the House were all for the acquittal of them and that it had scarcely been seen before in any other business that this holding so many daies together yet even the Gallants who used what ever business was in Agitation to goe forth to dinner and to some other of their refreshments yet they attended constantly all the time that this business was in debate and would not stir from it The House proceeded in other businesses and ordered an Ordinance to be drawn for Execution of Martial Law within the lines of Communication An Ordinance read to give Col. Rosseter command of the forces in Lincoln-shire and power to Execute Martial Law An Ordinance past the Commons for moneys for Provisions of stores The Ordinance past for Commissioners to go to the Parliament of Scotland A Petition from some of Cheshire desiring assistance for the taking in of Westchester The Petitioners had thanks for their good affections and the business was referred to the Committe of both Kingdoms Letters from Sir Thomas Fairfax informed that they had besieged Bridgwater which was strongly fortified having about 30 pieces of Ordnance and deep Trenches That the Governour and his Son Sir Hugh Windham Sir John Digby Sir Francis Courtney Mr. Elliot that carried the Great Seal to Oxford and Divers others of quality were within the Town That two of the Parliaments Ships about Holmes had taken 16 Welsh Barks which were to transport Souldiers That the Club-men had beaten back about 600 Welsh and Irish that would have landed that they had taken several Vessels loaden with Corn and Cloath That G. Goring with Greenvile were come to Barnstable with about 5000 Horse and Foot That P. Charles the L. Hopton and L. Wentworth were gon to raise the Country in Cornwall and probably would raise the siege before Plymouth A party of the King's forces from Newarke having laid their design surprized Welbeck House betrayed to them by some of the Parliaments forces there 22. The day of publick thanksgiving for the Successe at Lamport In the Afternoon divers Crucifixes Popish Pictures and Books were burnt in Cheapside where the Cross formerly stood An Ordinance sent to the Lords for applying the Hospital Rents in Northampton to the maintainance of the Souldiers and poor there A Message from the Lords desired the consent of the Commons to a Petition of the L. Savil that certain Jewels of his taken from him might be given to the Usher of the Black Rod who had been at great charges for him to which no answer was given by the Commons Order for a sequestered House for M. G. Langhern's Wife upon a Petition of divers Citizens of London on the behalf of Alderman Fouke committed to the Fleet by the Committee of accounts Ordered that he should be bailed and his business referred to another Committee Referred to
a Committee to send for such Officers of Sir Thomas Fairfax's Army as were seen in Town and to examine the cause of their stay here and that they might be proceeded against according to their demerits Conference about the instructions for the Commissioners who are to reside in the Scots Army Letters from Sir Thomas Fairfax signified that they had by storm gained the North part of Bridgewater 500 prisoners and one peice of Ordnance with the losse of 20 men 24. Letters informed the surrender of Pomfret Castle upon Articles which were the more favourable by reason the Plague was hot in Pomfret Town there were left in the Castle for the Parliament 8 peices of Ordnance store of Arms and Ammunition The House appointed Sir Thomas Fairfax to be Governour of that Castle the Lords sent to the Commons that Colonel Pointz might be Governor of that Castle which he took in but being informed that before their message the Commons had voted that Command for Sir Thomas Fairfax the Lords agreed thereunto News was brought to the House of the taking the rest of Bridgewater The House ordered that the Ministers in the several Parishes in London should the next Lord's day render thanks to God for the surrender of Pomfret and taking of Bridgewater Sir Rowland Egerton who brought the news of the surrender of Pomfret was called into the House and had their thanks given him and 20 l. was ordered to the messenger who brought the Letters of the taking of Bridgewater An Order sent to the Lords for the charging of 5000 l. more upon the Excise for the reducing of Oxford Winchester Wallingford and Basing House A Petition of the Inhabitants of Jersie for their security and relief referred to the Committee of the Navy 25. Letters from Colonel Massey and from Mr. Rushworth Secretary to Sir Thomas Fairfax certified the particulars of the taking of Bridgewater The Generall being informed that they within the Town had store of Victuals and that it would be a long work to continue the siege of it he again moved to storm it which was unanimously assented unto and the Lord's day before Mr. Peters and Mr. Boles in their Sermons incouraged the Soldiers to the work About 7 at night the foot being drawn out and those that commanded the storm and forlorn Mr. Peters in the Field gave them an Exhortation to do their duties July 21. about two a Clock the General 's Regiment began the storm seconded by others and gave not over till they were at the top of the works with their Colours and gained the peices that played upon them and let down the Bridge Whereupon Captain Reynolds a valiant Young Gentleman entred with a forlorne hope of Horse scoured the Streets and beat them out of the hither Town into the further and the Pikes stood bravely to the Horse This perplexed the Enemy and the Assailants brought away with them 500 Prisoners the Enemy for fear left all the line on the other side where Col. Massey was to storm but there wanting some preparations he only gave them a hot Alarm on that side That they lost but 20 men although in likelyhood they might have lost 1000 in the storm and not one Officer of Note slain though many of them led on their men in Person as Lieutenant Colonel Jackson Colonel Hewson and others The Enemy was so far from yielding that with Grannadoes and other things they fired that part of the Town where the Parliaments forces were not leaving three Houses there standing which so exasperated Sir Thomas Fairfax and his men that he sent in the Evening another Summons to them by a Trumpet But they within peremtorily refused to treat whereupon the General commanded the Town to be stormed on Col. Massey's side the next Morngin July 22. at the dawning of the Day the General in Person gave order for the forces on this side to give a fierce Alarm with great and small shot whilst they on the other side fell on which was done with great resolution and probably they might have gained the Town had not the Tide come up They on the other side again failing to fall on onely gave an Alarm something being wanting for the storm but this hot Alarm working nothing upon them Sir Thomas Fairfax was so inraged that he sent a Trumpet to the Governour to let all the Women and Children come forth of the Town by four a Clock in the Afternoon Accordingly the Governour 's Lady the Lady Hawley Mrs. Marre and divers others came forth and then Sir Thomas Fairfax with great Guns Mortar-pieces Fire-balls hot Irons c. played against the Town and fired it in three places the Wind being great increased the fire and the huge flame so terrified them that Mr. Elliot came runing out to Sir Thomas Fairfax for a Parley He answered That the Governour refused it the last night and now that he had brought this misery upon himself Sir Thomas Fairfax would not admit of a treaty yet if he would submit to mercy he should have it In the mean time till Mr. Elliot returned a speedy and positive answer Sir Thomas Fairfax told him that if any Souldier in the Town offered to take off a Slate on the House or to quench the Fire and his Souldiers cried the Cessation should be void and they would then take all advantages This so amazed them in the Town that instantly they came out and cryed mercy for the Lord's sake so it was agreed and they had Quarter for their Lives and liberty to save the Town There were left for the Parliament 40 pieces of Ordnance 4000 weight of Match Powder proportionable Victuals for 2000 Soldiers for four months 1000 prisoners now taken besides the 500 the other day Reformades Commanders Gentlemen and Priests about 200 Treasure in Plate Jewels c. said to be worth 100000 l. the works of the Town were as strong as any in England the Moate deep yet the Parliaments Soldiers waded through and 30 foot in the breadth of it Ordered that a considerable summe of money should be sent to Sir Thomas Fairfax to dispose for rewards to such of his Officers as had gallantly demeaned themselves in this Action They ordered also that it should be proclaimed by beat of Drum and sound of Trumpet that such Officers of Sir Thomas Fairfax's Army as were now in Town for recruits should forthwith repair to Reading to receive recruits and to march away with them and order was taken for the recruits to be ready An Ordinance past for charging upon the Excise 500 l. for the prisoners taken at Naseby who were willing to serve the Parliament against the Irish Rebels The Commons by message put the Lords in mind of an impeachment against the Earl of Stamford formerly presented to their Lordships and now they desire a time may be appointed for proceedings to be had therein to which the Lords said they would send an answer by messengers
he had more Forces because of the Kings coming to Oxford 13. Debate touching the Propositions for Peace An Ordinance pass'd concerning such Delinquents as come in to the Parliament from the Kings Quarters to declare to a Committee where they lodge c. Major Blundel with a Party from Abbington fell into the Quarters of a Party of the Kings Life-guard near Walling-ford took eighty Horse and Prisoners 14. The Lords concurred in several Ordinances touching Westminster Colledge sor freeing Noble mens Parks from Taxations and for supplys for Forces A Message from the Assembly of Divines to approve the Translation of the Psalms by Mr. Rowse for which they had thanks Ordinances for reimbursing the Commissioners of ExciseMoneys advanced by them for the Forces of M. G. Pointz and for those before Chester A Regiment of the Kings Horse under the Lord Ashton were routed by the Stafford Horse the Lord Ashton wounded and taken Prisoner with many others an hundred Horse taken and divers Killed Youghall was distressed for want of Victuals and in danger of being taken by the Rebels 15. Upon Sir John Heles Petition the House accepted of six thousand pound for his Delinquency The Commons desired the Lords to pass the Ordinance for sale of Delinquents Estates and past orders for Moneys for the Army and for the Forces of M. G. Pointz and others Confirmation of the taking of Wiverton by the Parliaments Forces 17. Upon the Petition of the Officers late under the Earl of Denbigh it was reserred to a Committee to consider of their Arrears and a way to pay them The Election of Mr. Tanfield Vashell for Reading voted to be void for Miscarriages and denying the Poll and a new Election to be there Letters from Wales informed that the Glamorgan-shire Forces joyning with a Party of M. G. Langherns have in several Incounters defeated two thousand of the Kings Forces and beat off G. Stradling from any Recruits And that the Governor of Cardiffe defeated another Party of the Kings under Mr. Herbert and that generally the VVelsh declared for the Parliament Mr. Buchy Manfield ordered to command the Forces in Glamorgan-shire and Mr. Prichard to be Governor of Cardiffe and Mr. Phil. Jones Governor of Swansey Letters from the North informed that M. G. Pointz and Col. Rossiter were before Belvoir Castle that many from Newarke came in to them that the Scots Army areupon their March to besiege Newarke About sixty of the Kings Forces coming to Ledbury in Hereford-shire to take up Quarters fifteen of Mr. Hoptons men who had taken up two great Plunderers in those parts rencountring the Kings Forces Charged them through Killed two of them and took four Prisoners and in their retreat from thence to Glocester they fell upon another Party of the Kings who were driving two hundred Cattle to their Garrison which these fifteen Troopers rescued and restored to the Country Men having routed their Convoy 18. Debate touching Propositions for Peace Order for the Next Summers Fleet as the last and for the Committee of the Navy to name the Officers and Ships c. to the House all to be prepared by January Dr. Walker referred to the Committee of the Admiralty to give an account of his transactions in Flanders Pr. Charles sent a Letter to Sir T. F. for a Pass for Hopton and Culpepper to go to the King to perswade him to comply with the Parliament Sir T. F. sent a very respectful answer to the Prince and advised him to disband his Army as the best way for him his Posterity and Friends which if he would do that Sir T. F. himself would safely Convoy him to the Parliament Goring sent Col. Ellyot and Col. Scroop to Sir T. F. to desire a Treaty he answered that if he would treat in reference to Military Affairs as Surrender of Garrisons exchange of Prisoners or the like he would consent to it otherwise he must reser him to the Parliament 19. A Petition from divers of the Common-councel of London that the Government of the Church may be speedily setled and observed and that greater power might be given to the Ministers and Elders than was established by the Parliament according to the Warrant of the Word of God and about suspension from the Sacrament and about the Suppression of Schisms and Heresies This Petition was thought to be contrived by some Presbyterians and the House aster a long debate upon this Petition appointed some of their Members to withdraw and to pen the Answer to the Petition according to the Sence of the House which was done and agreed unto to this Effect That the House had already taken much pains in debating of Church Government and they conceived the City and Common-Councel was informed falsely of the proceedings of the House else they would not have precipitated the Judgment of the Parliament in this business however they take it as a good intention of the petitioners promoting this business Another Petition was from divers Ministers of London to the same effect The House referred it to the Committee of Examinations to find out the design of this days Petitions concerning Church-Government and who were the advancers thereof and they sent two of their Members to the Petitioners to tell them they need not attend any longer for an answer to their Petition but to go home and look to the Charges of their several Congregations A Letter from Sir T. F. of thanks for his Jewel and giving account of his Army with a Proposition to send seven or eight thousand Eastward if the House think sit The Anti-Parliament at Oxford declared The Commissioners of the Judges under the great Seal at Westminster and their Lawyers plead there to be High-Treason and that great Seal to be void 20. The like Petitions were presented to the Lords as had been to the House of Commons by some Ministers and some of the Common-Councel concerning Church-Government and Alderman Gibs made a long Speech to them the Lords promised to take the Petitions into Consideration Debate about propositions for Peace Order about the Garrison of Bristol Reference to a Committee to consider of a way to recompence the County of Glocester for the great Charges they have been at for a long time Beeston Castle was surrendred upon Articles to Sir William Breretons Forces Inchequin relieved Younghall in Ireland as was certified by Letters 21. Debate touching Religion A Habeas Corpus ordered for a Servant of a Member of the House of Commons apprehended by a Warrant of the Lords Major General Skippon made Governor of Bristol Debate between the two Houses touching a Lord who had broken the Priviledges of the House of Commons A Committee of both Houses named to examine the Letters of the Lord Digby The Kings Forces Plundring about Vxbridge caused the Guards at London to be doubled Letters from the Governor of Reading informed the Kings design to send Parties as a flying Army to Plunder in
liable to Taxes Notwithstanding the Ordinance yet generally this day in London the Shops were shut up and the day observed 26. from the Leaguer before Newarke Intelligence came that the Garrison made many Sallys out and were beaten back again at one time nine of them taken and at another time two hundred of them Sallying out upon Col. Rossiters Quarters were repulsed and followed to their Reserve many wounded some slain and among them Col. Leake Son to the Lord Deincourt The House voted that Parliament men who were only Lodgers and attending the Parliament should not be rated in London to the Assessment 27. Reference to a Committee of the Petition of the Gold Wyre-drawers and Refiners against the Excise on those things An Ordinance sent to the Lords for Money for the Forces before Chester Days appointed as formerly for debate of the business of the Church Order for the Benchers of the Middle Temple to call Baron Tomlins to the Bench. A Party of Sir Tho. Fairfax's Army took in Cataline house near Exeter and therein thirty Horse and Prisoners with Arms. Letters informed the Surrender of Skipton Castle to the Parliaments Forces upon Articles A Trumpet came to Town from Oxford with Letters from his Majesty to the Speaker of the House of Peers about a Treaty for Peace 29. Votes for Recruits Arms and Money for Sir Tho. Fairfax's Army Ordinances agreed on that impressed Soldiers be punished if they run away from their Colours that Parks shall be liable to assessments and Officers likewise and about Provisions for the Navy and next Summers Fleet and for Money for the Waggoners all sent up to the Lords The Kings Letters which came by the Trumpet the other day were read in both Houses and were to this effect That his Majesty conceiving that by Reason of the want of Power conferred upon Messengers the former Treaties have not proved effectual He therefore propounds That if he may have the engagement of both Houses of Parliament the Commissioners of the Parliament of Scotland The Lord Mayor Aldermen Common-Council and Militia of London the Commander in Chief of Sir Tho. Fairfax's Army as also the Scots Army for his free and safe coming to abide in London or Westminster with three hundred followers for forty days and after that time for his free and safe return to Oxford Worcester or Newarke which he shall name And that he doth propound to have a personal Treaty with the Houses of Parliament at Westminster and the Commissioners of Scotland on all matters that may conduce to the restoring of Peace He declares That he is willing to commit the trust of the Militia for such time and with such power as is expressed by his Commissioners at Vxbridge to these Persons viz. The Lord Privy Seal the Duke of Richmond Marquess Hertford Marquess Dorchester Earl of Dorset Lord Chamberlain Earl of Northumberland Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Leppington Mr. Pierepont Mr. Hollis Mr. De-la-ware Mr. Spencer Sir Tho. Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Hen. Vane Jun. Mr. Robert Wallop Mr. Tho. Chichely Mr. Oliver Cromwel and Mr. Phil. Skippon If these Persons do not satisfie he offers to name one half and the Parliament to name the other half A day set to debate upon this Letter A Party of Sir Tho. Fairfax's Army took in Ashton House and the Kings Forces in the West drew together designing to Relieve Exeter Col. Sir John Digby for the King attempted to gain Plymouth by Treachery and offered a great sum of Money to Col. Kerre the Governor for that end but he refused it and the Agent was hanged by Martial Law 30. Debate about the Kings Letter and the House adhered to their former Votes and to have no Treaty but to proceed upon the propositions for Peace to be sent to the King by way of Bills and that the Militia should remain in the hands of both Houses of Parliament as now it was They referred it to the Committee of both Kingdoms and the Scots Commissioners to draw up an Answer accordingly and desired the Lords concurrence therein Sir Peter Killegrew came from Oxford with an Answer from the King to the Parliaments last Letter to his Majesty and this was to the like effect of desires of Peace adding that the King would consent to any necessary course for the payment of the debts of the Kingdom particularly to the City of London and to the Kingdom of Scotland This Letter was referred to the Committee of both Kingdoms An Ordinance read giving power to the Militia of London to provide for the safety of the City and adjacent parts upon the present flocking of Malignants to London and to search for them and expell them the City Orders for strict Guards and persons to examine all Passes Orders for new Elections 31. The day of the publick Monthly Fast after the last Sermon about forty of the new Elected Members took the Covenant The House ordered Mr. Strong one of this days Preachers to be added to the Assembly of Divines and ordered an hundred pounds for Mr. Reynolds January 1645. January 1. The House proceeded upon the propositions for Peace An Ordinance brought in for Martial Law to be executed in London Differences among the Inhabitants of Somerset-shire referred to a Committee Orders for new Elections of Members Referred to the Committee of both Kingdoms to dispose of the Scots Horse that lye upon the Borders of York shire and Derby-shire for the advantage of the publick Order for a Letter of thanks to Col. Kerre for his Fidelity and five hundred pounds to be bestowed on him Prince Rupert and his Company were again received into favour at Oxford A Party of the Kings from Ashby took the Minister of Morley and of other Towns and carried them away Prisoners but Sir John Gell rescued them slew five and took others of the Enemy Prisoners 2. Debate of the business of the Church and a day of Humiliation appointed to seek God for his Blessing and direction to the Parliament and Assembly about the setling the business of the Church the Members of the House ordered to attend and not to be absent that day Letters from Sir Tho. Fairfax informed that some Skirmishes had been between his Forces and the Enemy about Chadsey house wherein he lost Mr. Barrington and a Corporal 3. Proceedings upon the Propositions for Peace in a grand Committee Letters from Sir Tho. Fairfax certified That the Kings Forces in a great Body advanced near Exeter that he drew out to fight them which they perceiving retreated to a place of advantage that Sir Tho. Fairfax could not fight them but he sent two Brigades after them one of them to lie on the right and the other on the left hand of them That a Party of them advancing
with his Army through deep wayes to Launceston that Col. Butler was sent with a thousand Horse and four hundred Dragoons to beat up the enemies Quarters that he forced the Pass at Tamerton Bridge beat the Enemy from place to place put them to flight took about three hundred Horse and eighty Prisoners and had taken more but they escaped by the Soldiers greediness of prey and taking of Horses That within two miles of Launceston Sir Tho. Fairfax's men met with several of the enemies Scouts by whom he understood that Col. Basset with Horse and Foot was resolved to keep Launceston whereupon Sir Tho. Fairfaix sent a Forlorn Hope of Horse and Foot to force entrance into the Town the Enemy shut the Gates made some opposition but at last quitted the Town disorderly about two of them were killed and some Prisoners taken Night coming on the rest escaped in the dark the Arms and Magazine in the Town was seized on The Countrey and this Town expressed much joy at the coming of the Parliaments Army thither although the Kings Forces told them That the Parliaments Army would give no Quarter to any Cornish man or Woman Which caused a terror upon them but the Parliaments Soldiers notwithstanding their entring was opposed they did not plunder any one house nor do any prejudice to the Town Some Sallyes were made out of Banbury but they were beaten back 3. Progress in the business of the Church Order for the Serjeant at Arms to apprehend Sir Jo. Aubery and bring him as a Delinquent to the House The Commons desired the Lords to pass the Ordinance for Sale of Delinquents Estates News came that a strong Party from Oxford fell upon Abbington cut off some of the Centinels entred at the Abby gate passed three of their Guards came near as far as the Market-place and possessed themselves of three pieces of Ordnance That Major Blundell having then together but eight Horse came up and charged the enemy retreated and came on again which incouraged the Foot at the main Guard and the allarm being given through the whole Town the Soldiers betook themselves to their Arms and leaving their cloaths ran forth to encounter the enemy in their Shirts and fought with such resolution that they regained the Ordnance put the Enemy to flight many of them killed and some Prisoners taken and nine only of the Parliaments men killed and Major Blundell wounded Order for supplys for Abbington and for the Blocking up of Oxford and Major General Browne to command them 4. By consent of the Scots Commissioners leaving it to the House of Commons they appointed a Committee to consider of the desire of Mr. Sabrand and M. Manterent desiring a Pass to go into Scotland and to take Oxford in the way and to consider of all Ambassadors Agents and Residents here from Forraign Princes Referred to a Committe to examine the uncivil carriage of some pretending to be Messengers to a Committee in entring into the House of the Lady Wray Order for Col. Ven to convoy the pressed men to Sir Tho. Fairfax's Army Ashby-de-la-zouch was surrendred to the Parliament upon the conditions agreed upon five pieces of Ordnance were taken in it Arms and Provisions and the Garrison to be slighted 5. The Ordinance for setling Presbyterian Government sent up to the Lords Order for the Committee of the Admiralty to send Ships to guard the Western Coast according to the desire of Sir T. F. Vote to slight Corfe Castle and Warcham 6. Several Votes touching the relief of Ireland Upon information that several Troops of horse were raised by some Scots Officers in Ireland ordered that no Horse or Foot should be raised or brought in thither nor Moneys levied there without warrant of the Parliament Order for auditing the Accounts of Major General Browne and that he should have ten pound per diem allowed him and some Honour conferred upon him Letters informed that Sir Tho. Fairfax marched to Bodman in Cornwall which was quitted by the Kings Forces that L. G. Cromwell with a thousand Horse and five hundred Dragoons went to secure the pass at Ware-bridge That six of the Parliaments Troopers seized and brought to Bodman a waine load of the Kings Ammunition going to Foy. That a Party of the Parliaments sent out another way overtook forty two Musquetiers with their Matches lighted and Musquets loaded and four Troopers riding up to them made them all lay down their Arms and brought them back Prisoners to the head quarters That Sir J. Greenvile's Lieutenant Col. and divers others were taken Prisoners 7. Order for Money for Major General Masseys Forces The Lords sent to the Commons concerning an assesment on some Western Counties for M. General Massey's Forces which the Commons voted a Breach of Priviledge the power of Moneys resting wholly in the Commons Order that the Speaker do give a Pass to Mr. Montruell to go to Oxford and so to Scotland he giving security not to return to England Sir Thomas Fairfax gave twenty shillings a piece to the four Troopers that took the forty two Musquetiers Letters informed that the Prince with the Lord Capell Lord Culpepper and Sir Ed. Hyde put to Sea with three Ships from Pendennis Castle with much Company for France and that one of the Ships with the Horses and Provisions were cast away 9. Order for the Serjeant at Arms to apprehend and bring to the Bar Sir Ed. Herbert the Kings Attorney lately come to London Ordinance sent up to the Lords for an Assesment for the Garrison of Henley Another for Money for Plymouth Garrison Order that the Ministers of the West to repair to their Charges Letters informed that Sir Tho. Fairfax's Army was Quartered about Bodman and Lestithiel some time having been spent to secure the Passes and make all sure behind them That Mount Edgecombe was surrendred to Sir Tho. Fairfax and the Regiment in it disbanded That many of the Princes Servants came in to the Parliament and desired Sir Tho. Fairfax to make their Peace That there came in to him likewise the High-Sheriff the Lord Mohun and thirty other Gentle-men of Quality and submitted to the Parliament The Cornish men neer St Columbe presented a Petition to Sir Tho. Fairfax offering themselves lives and fortunes to serve the Parliament acknowledging the General the instrument of their deliverance from Bondage The Countrey people assisted Sir Tho. Fairfax in blocking up the Passes to hinder the Kings Forces from escaping Sir Thomas Fairfax sent a Summons to the Lord Hopton to lay down Arms to prevent effusion of Blood and courted his Lordship and offered him and all his Forces very honourable conditions to go beyond Sea or to their own homes as they pleased and to have his pass or protection and desired their speedy answer thereunto The Townsmen of Padstow took an Irish Vessel in their Harbour and two others going with Plundered goods and in them were several Packets of letters from
dismantle his Garrisons pass an Act of Oblivion and free pardon to all and give ample satisfaction to the Kingdom of Scotland A day was appointed to consider hereof and it was ordered to be communicated to the Scots Commissioners Orders for Money for the Garrison of Hereford and for the Officers of the two Regiments at Glocester At St. Mawes the General had thirteen Guns and store of Ammunition and between three and four hundred of the Kings Forces came in to him Major General Middleton in Scotland took the Earl of Montrosses House upon surrender many were shot the Castle burnt and all the Arms and Ammunition taken 25. The day of the Monthly Fast yet solemnly observed 26. Upon the debate of the Kings last Letter a Committee was â—amed to draw up an Answer to that Message adhering to the former resolutions to have the propositions first dispatched and assented to by his Majesty A Committee of both Houses was sent into the City and communicated to the Lord Mayor and Common-Council his Majesties last Letter and made some observations upon it and informed them of the danger by the great number of Malignants coming from the Kings Quarters to London desired the care of the Militia in searching for and apprehending them and that the Lord Mayor Aldermen and Common Council would meet both Houses at Christ-Church on the thanksgiving day An Ordinance sent by the Lords authorising the Commissioners of the Customs to pay one thousand pound per An. to every one of the Judges and Barons of the Exchequer for their Salleries and in lieu of all Fees Two Letters taken about Sir Jacob Ashley of great intelligence read in the House Letters informed that all the Lord Hoptons Forces were disbanded according to the Articles and a Proclamation for all of them the next day to depart or else to be taken as Spyes that the disbanding was done with great Civility on both parts and not the least insulting by the Parliaments Forces nor the value of six pence taken from them by any of their Army That Orders were given for the Army to march Eastward except two or three Regiments left to block up Pendennis Castle which being Summoned they returned a peremptory Answer of denyal that a Ship of the Parliaments upon Intelligence came into Falmouth harbour and hawled a Dunkirk Ship who gave two broad-sides but after a little dispute the Parliaments Ship Boarded the Dunkirker and put all the Irish in her to the Sword and took the rest Prisoners That Helford Fort was surrendred to the Parliament and in it six pieces of Ordnance and will streighten Pendennis Castle Anno 1646 Car. 22 That Lieutenant Colonel Ingolosby going to view the Castle was shot by a Musquetier whereof he dyed within three hours and that M. Cobbet was shot 27. The City invited both Houses of Parliament to dinner at Grocers Hall on the Thanksgiving day A Fast day was kept by the English and Scots Armies before Newarke Intelligence came that a Party from Dunnington Castle sallied out upon Dalbiers men killed some took fifty Prisoners and the Mattocks c. of the Pioners 28. Debate of the Blasphemies of Paul Best Divines ordered to confer with him to convince him of his Sin and that a charge be prepared against him Order for four thousand pound for the Scots Reformadoes Consideration of six Preaching Ministers to be sent down to Hereford and to have an hundred and fifty pound per An. each of them The Governor of Plymouth sent a Party to Ince house a Garrison of the Kings which they summoned to surrender to the Parliament but the Garrison returned a scornful answer upon which the Plymouth men prepared for a Battery but as soon as the great Guns came the Garrison begged for Quarter and had it and left their Arms and Ammunition Sir Tho. Fairfax Marched towards Exeter 30. The Invitation of the Prince to come in to the Parliaments Quarters pass'd and sent up to the Lords The answer agreed on to the Kings last Letter in substance That they did not conceive it safe for his Majesty or his Subjects that he return to the Parliament till he have assented to the Propositions which they are about and will be shortly sent to him The Commission read for the Lord L'isle to be Governor of Ireland The Lords desired the Commons that they would give leave that one imprisoned by them might be sent for and examined by the Lords touching a dangerous Book lately published called the last Summons or Warning-piece to London to which the Commons did agree Order for three hundred pounds for Sir Peter Smith in part of his Arrears for Service in Ireland and for disposal of the Prisoners in Glocester and for sending down the Ministers of Cornwall c. to their Charges Col Morgan Col. Birch and Sir William Brereton with their joynt Forces marched to Worcester and summoned the City to surrender to the Parliament and informed them that the King had no Forces to relieve them They answered That if it had been so they supposed they should have known the Kings pleasure therein till when they would not Surrender the City The Besiegers replied that they would not inform them an untruth but that they might the better inquire and prevent their own ruine they would for a short time draw off a little farther from them Dunnington Castle being much indammaged by the Granadoes desired liberty to send to Oxford and upon answer from thence would come to a Treaty High-Archal was surrendred to the Forces of Shropshire with all the Arms and Ammunition 31. Letters from Sir Tho. Fairfax desired Favour to some Gentlemen that came in to him from the Kings Quarters and it was referred to a Committee to state their several Cases Mr. Steward who had the Parliaments protection was discharged from an Arrest and order for Money due to him to be paid The Commons Voted That in case the King contrary to the advice of both Houses of Parliament already given him shall come or attempt to come within the Lines of Communication That then the Militia of London with advice of the Committee of Lords and Commons for the Army shall raise Forces to prevent and suppress any tumult that may arise by his coming and to apprehend such as shall come with him or resort to him and to secure his Rerson from danger And the House ordered that all who had born Arms against the Parliament should depart London by the sixth of April or else to be taken as Spyes The Lords concurred in the Letter of Invitation to the Prince and in the answer to the Kings last Letter A summons was sent into Newarke on Saturday to render the Town to the use of the Parliament and they took time till Mondady for their Answer April 1646. April 1. Passes for some to go beyond Seas Difference about the Ordinance for Martial Law in London Order that the Proclamation
of his Parliaments that all differences might be composed and all Armies disbanded To which the King answered That he came to the Scots Army with intent to settle Peace and to satisfie the just desires of his good Subjects and to comply with his Parliament in all things for the good of Religion and the Happiness of his Subjects and when Peace shall be setled he will find out some honourable means for imployment of so many gallant men as are in this Army 6. Malignant Ministers to be disabled from any Livings of the Church Instructions passed for the Commissioners to go to the King with the propositions for Peace they were to demand his Majesties positive Answer to them which if not given within ten days they were to return to the Parliament Commissioners for the House of Lords were the Earls of Pembroke and Suffolke for the House of Commons Sir Jo. Danvers Sir Jo. Hippesley Mr. Robinson and Sir Walter Earle Letters from the Deputy Major of New-Castle that he had hindred Delinquents from coming to his Majesty His action was approved and order for a Declaration to give power to the Northern Committees to hinder Delinquents from coming to his Majesty Debate touching slighting of Inland Garrisons and referred to the respective Committees to do it in the North and West Vote against the Scots renewed That this Kingdom had no more need of the Scots Army and that the Scots Commissioners should be desired to take order that their Army might be withdrawn out of this Kingdom which is no longer able to bear them The Lords desired a Committee of both Houses might be appointed to reform Cambridge University and to slight that Garrison 7. Sir John Danvers desired to be excused and Mr. Robert Goodwin was named in his stead one of the Commissioners to go with the Propositions to his Majesty Captain Johnson that brought up the last Message from the King had twenty pound Divers Ordinances past for Compositions Petitions about Tyn and about the Fens Divers Ministers from the Assembly in Scotland came to the King with a Petition to him to take the Covenant but would preach to him before it were delivered Sir Peter Killegrew went to the King with the Letter of both Houses touching Ireland 8. Order for stating the Accounts of Sir Will. Brereton as Major General The Committee of Examinations dissolved not having done well Order for five thousand pound for the Forces before Litchfield and that Sir Will. Brereton should go down to that Siege Orders for relief of Ireland Reports of Compositions and Orders Worcester demanded higher Articles than Oxford had Wallingford was upon Treaty but the Governor Col. Blagge sent an high and proud Letter to the General Blagge desired a Cessation and the General agreed to it to prevent the burning of the Town which Col. Blagge intended and the Commissioners met on both parts about it The Cessation from all acts of Hostility was agreed for four days 9. Order to discharge the attendants of the Duke of York when he should come to St. Jameses and six hundred pound to buy a Coach and Apparel for him Mr. Marshall ordered to go with the Commissioners that carried the Propositions Money for the Scots Officers Intelligence that the Prince was come into France to his Mother and that the Lord Digby was gone for Ireland and that the Earl of Glamorgan was in the head of an Army there Monsieur Bellieure the French Ambassador to the Parliament landed Prince Rupert and Prince Maurice took Shipping Major General Massey took his place in the House The Treaty for Worcester broke off 10. Ordinance committed for Sale of Delinquents Estates another past for Irish and Papists to go out of London Order for all that came in upon the Articles of Oxford and Exeter to ingage before the Committees to act nothing prejudicial to the Parliament Ordinance past for Mr. Woodcocke to be Parson of St. Olave Southwarke another for redemption of Captives Letters from the general Assembly of the Kirke of Scotland after complements earnestly desire the Parliament of England timeously to settle Church-Government according to the Covenant with expressions against those who hinder Uniformity they resolve to observe the Covenant Another Letter from them to the Assembly of Divines thanking them for their care and pains in the work of Religion that Sectaries ought to be suppressed c. Another to the Lord Mayor and Common Council of London commending them for their Petition to the Parliament about Religion and mentioning those of London in Queen Maries days and the zeal of the Citizens for God commending them for their actions in the present times and for their countenancing the Assembly and the Scots Commissioners and highly incouraged them to go on The French Ambassador was received into London in great State 11. Order for reducement of the Forces of Nottingham and for Money for that work and for the losses and damages of that County Order for a pass for the Earl of Bristol to go beyond Sea according to Exeter Articles Liberty to the Earl of Cleveland upon bail to go into the Countrey for three weeks for his health The propositions for Peace fully passed both houses Money for M. G. Massey's Forces Order for slighting divers Garrisons Lieutenant Col. Lilburn brought to the Barr of the Lords House had his charge read to him but he seemed to slight it and was re-committed 13. The Houses sate not having resolved to adjourn this hot season two days in the week till they had an answer to the propositions but a Committee sate to examine the ingrossment of the propositions and to see them signed by the Speakers and the Scots Commissioners and to declare them to the Commissioners The Propositions were to sign an Act. 1. To take away all Oaths and Proclamations against the Parliament and their Actions 2. To Sign the Covenant and an Act for the general taking of it 3. To pass an Act to abolish Bishops c. 4. To confirm the Assembly 5. That Religion be setled as both Houses should agree 6. Vnity and Vniformity of Religion to be confirmed by an Act. 7. An Act against Jesuits Papists c. 8. An Act for educating Papists Children in the Protestant Religion 9. For Penalties against Papists 10. Against saying of Mass in any place 11. The like for Scotland as they shall think fit 12. For the due observation of the Lords day and against Pluralities non Residents and regulating the Vniversities in the same Act. 13. The Militia to be in the Parliament for twenty Years so for Scotland with power to raise Moneys and use the Militia c. Londons Priviledges as to their Militia confirmed 14. All Honours and Titles since the great Seal was carried from the Parliament to be void and no Peers to be but by consent of both Houses 15. To confirm the Treaty between England and Scotland and conservators of the Peace to be appointed
present all Causes in Chancery Order that the Judges in Serjeants Inne the Benchers of the Innes of Court and Principles of the Innes of Chancery shall permit no Lawyers that have born Arms against the Parliament to be in any of those Societies Referred to a Committee to examine the entry of Mr. White into a Lodge belonging to Sir Tho. Walsingham Order for six thousand pound to be paid to the Committee of Berks for Abbington Garrison and that the Committee of the three Counties do consider what Forces of that Garrison and in those Counties are fit to be disbanded Upon Petition of the Stationer and Printer of the Lord Louden's Speeches they are discharged The Grand Committee sate in the afternoon about Bishops Lands 24. Progress about Bishops Lands Complaints from the North of their burthens Vote that the Chancery shall not proceed in any Cause determinable at Law High Sheriffs nominated Ordinance pass'd for the two Speakers to be Commissioners of the Seal 26. Progress about the Sale of Bishops Lands The Lords desired the concurrence of the Commons for the quartering of Sir Tho. Fairfax his Army more Northerly Orders for supplys of Forces Both Houses voted Captain Swanley to be Admiral of the Irish Seas Order to audite the Arrears of Col. Fleet-wood Debate about the Scots Papers touching the disposal of the Kings Person and it was referred back to the Committee Indictment in Bucks for not reading the Common Prayer complained of Ordered that an Ordinance be brought in to take away the Statute that injoyns it and to disable Malignant Ministers from Preaching Progress about the Assessments for the Army A Petition and Leters from the North informed that the Scots Army Quartering in those parts tax them seven times more than their Revenue rob beat and kill the Inhabitants who are more slaves to them than any are in Turkey That the Plague was begun amongst them 27. Orders for Compositions and for the Committee of Goldsmiths Hall to put in Execution the Ordinances for Sequestrations Order for a Collection for the poor The City of Chester chose Mr. Recorder Glyn to be an Alderman of that City instead of the Earl of Derby Sir Tho. Wharton Sir Robert King Sir John Clot-worthy Sir Robert Meredeth and M. Salwey appointed Commissioners for Ireland 28. The Monthly Fast kept Care for the ten thousand pound for Widows and Wives of Soldiers and others Three Ministers sent to Preach in Wales Mr. Sympson formerly silenced from Preaching because he differed in Judgment from the Assembly in some points was restored to his liberty 29. Progress in the grand Committee upon the sale of Bishops Lands The Lord Monson a Member of the House of Commons desired to wave his Priviledge and to have a Sute against him proceed the House appointed an Ordinance to be brought in to take away the Priviledge as to Title and Debts the Person only to be priviledged and not his lands or Goods Both Houses agreed to the Ordinance to make void all Titles and Honours granted under the Great Seal after it was carried away from the Parliament Letters from Major General Pointz and others informed that the Scots laid intolerable assesses upon the Country and kept Centinels and Guards as if they had enemies near them and examined all Passengers The House ordered that Sir Tho. Fairfax should give command to Major General Pointz and Col. Rossiter to keep Guards and examine all passing that way Northward 30. The grand Committee sate about the Ordinance for sale of Bishops Lands Order for drawing off all the great Guns from the Works for the ease of London and Westminster and a Regiment of twelve hundred to be compleated for the Guards An Ordinance committed for sale of the Estates of the Earl of Worcester c. An Ordinance read to constitute the two Speakers fully Commissioners of the Seal 31. Progress upon the Bishops Ordinance A Letter of the Scots Commissioners complaining of the necessities of their Army and of some scandalous Papers Printed of the sufferings of the Northern parts by their Army referred to the Committee Complaints Letters informed that Lieutenant General Lesley gave a Protection to one Metcalfe in the North a great Papist to free him from Assessments Team Horses free quarter c. Order that the Scots Commissioners be acquainted with it The Ordinance past and the great Seal was delivered to the two Speakers as Commissioners of it in the presence of both Houses November 1646. November 2. The third Ordinance for sale of Bishops Lands ordered to be sent up to the Lords A Committee appointed to consider what allowances are fit to be to the Bishops The Commissioners of the Great Seal began the business of the Seal and one Judge and a Master of the Chancery sate by turns to hear the Causes there Denbigh Castle was surrendred upon Articles to Major General Mitton Letters informed That Sir James Lesley had demanded the Fee Farm Rents in the North for the King and forbids the payment of them to any other That on the Fast day they were at play at the Court. That Marquess Huntley and the Gourdons refuse to submit That the Earl of Antrim is strengthned from Ireland and by Montrosses men That the French Ambassador was constantly with the King 3. Votes for due observation of the Articles of Oxford and touching Compositions and for keeping other Articles inviolably The Lords desired a Committee might be appointed to consider of the disposal of the Great Seal after the time that the two Speakers expired The grand Committee ordered to sit in the afternoon touching the Assessments Men and Supplys hastned for Ireland 4. Order for fifteen hundred pound Arrears to be paid to Col. Pure-foy An Ordinance touching the approbation of Gifted men to Preach laid aside Debate upon an Ordinance for repairing Churches and Chappels ruinated in the War and another for payment of Church duties 5. The Gun-powder-Treason day kept Information touching Passes granted by the King to Ship-Masters The papers of the Lord Chancellor of Scotlands Speeches c. touching the disposal of the Kings Person said to be printed first at Edingburgh and afterwards reprinted at London notwithstanding the Prohibition of the Parliament to the contrary 6. Progress upon the whole days debate touching the sale of Bishops Lands The Rebels were in a great body within eight miles of Dublin 7. A Committee named to inquire out the Printers of the Lord Lowdens Papers Order for five thousand pound for the Treasurers for advancing Plate c. A Message to the Lords to name a Committee to be of both Houses to consider of the disposal of the great Seal Debate upon the Ordinance for sale of Delinquents Estates Letters of sad complaints from the Northerne parts of the sufferings by the Scots Army referred to a Committee and power given to them to hear complaints of the like Nature from the Countrey 9. A Committee named of both Houses to consider of the
Army 23. Debate upon the Ordinance against Blasphemies and Heresies and the Punishment voted to be death The Lord Mayor and Aldermen of London gave a congratulatory visit to Sir Tho. Fairfax and the Recorder made a Speech to him The Committee of Westminster imprisoned Bayliffs who arrested their Officers Letters from New-castle informed that the Earl of Antrim and Kilketto in Scotland refuse to lay down Arms and the rest of the Gourdons part though the King sent to them to do it Some of the Mutineers at York executed Some of the supplys for Ireland were safely landed there 24. A Report from the Committee touching the conference with the Scots Commissioners about disposing of the Kings Person in which the Scots urged that it might be done by joynt consent of both Kingdoms and in their Speeches seemed to reflect and bring an Odium upon the proceedings of the Parliament in that business and to perswade the people into such an opinion and in favour of what the Scots Commissioners had said therein That the Papers of the Speeches of the Scots Commissioners in this business had been unduly Printed to this end that the Scots had promised to bring in their positive answer to this business but had not yet done it whereupon the Committee had framed a Declaration in vindication of the Parliaments proceedings which was read Referred to the Committee of both Kingdoms to treat with the Scots Commissioners about the time and place of Payment of the first hundred thousand pound to them which was now ready and about the march of their Army out of England A Committee made to consider of the losses of the Lord Say Sir Rowland Wandesford Col. Fleet-wood and other Officers of the Court of Wards by the taking away that Court and how they may have a satisfaction Order for payment of Arrears to Sir Edward Doddesworth Commissary of the Horse to the Earl of Essex and for auditing the Arrears of the Officers of Col. Massey's Brigade and about forty thousand pound for Officers of the fourth List Letters that Dublin was well fortified to resist the Rebels 25. The Fast day and some new Members took the Covenant 26. A Declaration pass'd for Security of those who double their Money owing upon the publick Faith towards the raising of the two hundred thousand pound for the Scots Order for a new Election Order touching the ten thousand pound for the necessitous persons Widows c. Leave for Col. Popham and Mr. Gaudy to go into the Country Letters informed the landing of the English Forces at Dublin and Sir Charles Coote breaking through the Rebels Army with a Party caused them to draw further off from Dublyn and that the Lord Inchequin hath had success against the Rebels in Munster 27. The House sate till six at night about the Declaration of the Arguments and answers in the Conferences with the Scots Commissioners touching the disposing of the Kings Person The Herse and Effigies of the late Earl of Essex was cut to pieces and defaced as it stood in the Abbey of Westminster and the like barbarous action was to the Tomb of old Cambden there 28. Vote of both Houses for the Earl of Rutland to be Justice in Eyre of all his Majesties Forrests and Chaces beyond Trent The House sate till five at night about the Declaration touching the Scots Papers and passed it Carried in the Negative not to be sent to the Lords for their concurrence but to be inclosed and sent in a Letter from the Speaker to the Scots Commissioners here and afterwards to be printed and published 30. Debate upon the Ordinance against Heresies and Blasphemies wherein those of the Presbyterian Judgment were very violent and severe Letters from Major General Pointz informed of a design to surprize Pomfret for the King but discovered and prevented others that his Majesty had given Commissions to divers Gentlemen in the North lately to raise Forces against the Parliament others that there was a late Conspiracy to betray Lynne The House ordered all the Conspirators to be sent for by a Serjeant at Arms and Letters to Major General Pointz and General Leven to assist the Serjeants Deputies for the apprehending of them Orders for Supplys for Money for the Garrisons of Lynne and of Portsmouth The Lords concurrence desired to the Vote for the Committee to treat with the Scots Commissioners about the time and place of payment of the two hundred thousand pound and the advance of the Scots Army Referred to the Committee of the Navy to consider of raising Money to repair the banks of Humber Letters from Ireland informed that after the Parliaments Commissioners and Forces were landed at Dublyn Road the Marquess of Ormond contrary to expectation and the former Treaty denyed to deliver possession of Dublyn to them because he had not yet received his Majesties consent thereunto and upon this the Parliaments Commissioners Shipped again the Forces to joyn with the Brittish Forces at Belfast That the Irish Rebels upon the coming of the English Forces were so terrified that they drew off and attempted nothing against Dublyn and that nothing was attempted against them by the Marquess of Ormond December 1646. December 1. Report from the Committee appointed to give in three names of Gentlemen in each County fit to be made Sheriffs and the House chose one of the three and went this day through most of the Counties Order to revive Committees that sate de die in diem that old businesses may be dispatched Order to state accompts of Massey's men The Declaration touching the Scots Papers being sent to their Commissioners they sent it back again because it came not from both Houses and the Commons ordered it to be printed It was wondred at by many that the Concurrence of the Lords was declined in this business but a great ground thereof was to have the more expedition and because the Lords were supposed would not consent to many parts of it The single and great question was Whether the Kingdom of Scotland had any right of joynt exercise of Interest in disposing of the Person of the King in the Kingdom of England The Papers Arguments Objections and Answers between the Committee of Parliament and the Scots Commissioners upon this point were very long and are in Print by themselves therefore here omitted And their proposal That the King might come to London with honour freedom and safety is there considered 2. The Ordinance sent up to the Lords for the Assesment for the Army and orders for speedy collecting it past and a complaint against Col. King for obstructing the levying of Moneys in Lincolne shire referred to a Committee A Fast appointed for averting Gods Judgments by the unseasonable Rain Debate about Provisions for the next Summers Fleet and about habeas Corpus 3. Orders touching Arrears of reduced Officers and about the ten thousand pound for Widows of Soldiers c. Order for the Speaker to write to
informed that the Parliaments Commissioners were come to Newcastle and that the King had appointed them a time for Audience February 1646. February 1. Divers new Members took the Covenant and ordered that those who have not yet taken it shall by a day take it or be suspended The Preamble and Ordinance pass'd both Houses for a day of Humiliation that God would stop the growth of Heresie and Blasphemy The Lords sent to have Mr. Barrill added to the Privy Councellors of Ireland but it was not assented to by the Commons Upon a Petition of the Inhabitants of Westminster referred to a Committee to consider of a maintainance of two hundred pound per An. for Mr. Marshall their Minister Letters from the North informed that the Scots were upon their March That the Commissioners attended his Majesty about his going to Holmeby That the Scots Parliament carried it but by two Votes for the Kings not coming to Scotland That the King asked the Scots Commissioners why he might not go into Scotland when he came to their Army for protection They answered him because he refused to sign the Convenant and Propositions therefore they were to deliver him to the Commissioners of the Parliament of England who were come to attend him to Holmeby House The King desired the English Commissioners to sent to the Parliament that he might have two Chaplains who had not taken the Covenant to go with him to Holmeby which they excused as that which would not be for his Majesties service and much other discourse he had with them and some reported he used the expressions that he was bought and sold The Dutch Ship went away from Newcastle Harbour Complements pass'd between the English and Scots and Proclamation was made by General Leven that all his Soldiers should pay off their quarters at their departure 2. Debate about a Declaration of the Lords that the Compositions at Goldsmiths Hall were not by Ordinance and the Sequestrators of the Counties not bound to obey them A Committee appointed to draw reasons to satisfie the Lords herein Many Complaints and Cavils were made against the Officers and Soldiers of the Army as such who held Erroneous and Schismatical Opinions contrary to the true Doctrine and that they took upon them to Preach and expound Scripture not being learned or ordained and some of the Kings Party were not wanting to soment these things and to raise an odium upon the Army in the peoples minds And those who so lately were in their highest esteem and respect as freers of their Countrey from Servitude and Oppression are now by the same people looked upon as Sectaries and Oppressors themselves Thus we may see the inconstancy of the giddy Multitude and the uncertainty of Worldly Affairs when their turns are served their minds change their best friends when they relieve them are counted their enemies when they are relieved the best course is to provide for such a condition as will always afford comfort and will never change not to trust in men but in God alone Referred to a Committee to consider a Petition of two Committee men who were sued at Law for what they did as Committee men The Scots marched out of Newcastle and the English entered it and Tinmouth The King would not hear Mr. Marshall nor Mr. Carryll Preach because he had not submitted to the Directory of Worship Proclamation by General Leven that if any in Newcastle had any Debt owing to him by the Scots he should come to the General and receive it A Party of Ormonds Forces marched into the Rebels Quarters fifty miles and took from them three or four thousand Cows and in their March back being careless Oneal's men fell on them rescued the Cows and spoyled three of Ormond's Troops Captain Pen took four Vessels from the Rebels 3. Conference about the Lords Declaration concerning Compositions That Lords were joyned in that Committee that this difference between the two Houses and at this time would be of evil Consequence Letters informed that the Mayor of Newcastle delivered the Keys of the Town to Major General Skippon who took possession of it The Parliaments Commissioners received the King into their Charge lodged in the same House and intended to watch by turnes Carlisle and Berwicke were upon slighting 4. Instructions for the Commissioners going to the Parliament of Scotland and a Letter agreed to be sent from both houses here to the Parliament in Ireland desiring that Belfast in Ireland may be surrendred to their Forces there An Ordinance read for selling certain Delinquents Estates for satisfaction of a debt due to Mr. Pennoyer and Mr. Hill for Provisions sent by them into Ireland A Bill of Exchange from the Commissioners in the North complyed with Order for the next Summers Fleet. Incivility of Officers to a Committee for their Accounts Lords added to the Committee at Goldsmiths Hall 5. Grand Committee about the Ordinance against such as Preach not being Ordained 5. Several Sheriffs appointed and Judges for Circuits agreed upon The Plate of the Chappel at White-Hall ordered to be sold Order for three thousand pound to defray the charges of the Kings Journey to Holmeby Letters to the Commissioners attending him That none be placed about the King but Persons well affected c. 8. Debate by the Lords about the City Petition and they voted that those who should refuse to take the Covenant should bear no Office Civil or Military Lords concurrence for Sheriffs and for Judges to ride the Circuits The King removed from New-castle to Durham and at his going out a Proclamation was made that none who had served against the Parliament should come near his Majesty The Commissioners were attended by nine hundred Horse One being admitted to kiss the Kings hand delivered to him a Letter in Characters The last hundred thousand pound paid to the Scots Care by Major General Skippon that any Scots who were left behind sick in New-castle should not be disturbed The Kings Letter in Characters referred to Mr. Wakerly to open the meaning of it and thanks ordered to their Commissioners and additional instructions and power ordered to be given to them Four shillings per Chaldron upon New-castle Coals continued for maintenance of that Garrison Order for a Declaration touching the Excise and continuing of it and referred to a Committee to prevent the Insolencies and exorbitancies of the Sub-Commissioners The Ordinance pass'd for establishing the Committee of Goldsmiths Hall of Members of both Houses and others The Lords recalled their former Declaration against the Committee of Goldsmiths Hall 9. Vote of the Lords that Sir Jo. Brampston shall sit in their House as an assistant Petition of some Apprentices that they may have a play-day once in a Month. Debate upon the Ordinance for regulating Oxford Complaints to the General of Suits against Soldiers and Countrey-men for horses taken from the enemy in the War The King came to Rippon 10. Debate of the Oxford Ordinance Visitors named
bayling of Sergeant Glanvile Order of the Lords against Counterfeiting and Clipping the Kings Coin 16. Ordinance Read for making Mr. Bradshaw Chief Justice of Chester Votes for Captains of Ships for the next Summers Guard for Packet Boats for Ireland and Convoys for Merchants Ships Votes That the Houses intend to carry on the War for Ireland with the Forces of England and the Scots Forces there to be called away paying what is due to them and the Scots Commissioners here and the Parliament of Scotland to be acquainted herewith Order to treat with the General and his Field Officers how the Forces designed out of that Army may be disposed of for Ireland and sixty thousand pounds Voted for Pay per Mens of the Forces there and in England 17. A Petition from the Lord Mayor Aldermen and Common-Councel of London Professing their Zeal to the Parliament and to the Covenant and their apprehensions of the advance of the Army not yet Disbanded nearer to the City and of a dangerous Petition now on Foot in the City the Copy whereof they annexed pray that the Army may be removed and Disbanded and the dangerous Petition suppressed and that they may yearly chuse their Militia The House answered them That most of the particulars in their Petition were under consideration and that the House would do what may be most for the ease safety and satisfaction fo the City and Kingdom that the annexed Petition was referred to a Committee and they had thanks for their sincere Affection Divers Governours of Garrisons Voted Fifty pounds a day allowed for the Kings Expences Collonel Jones Ordered by the Committee for Ireland to take Possession of Dublin with two thousand men 18. The Commons again Voted Sir John Brampston Sir Thomas Bedingfield and Mr. Chute to be Commissioners of the Seal The Lords Voted Mr. Bradshaw and Mr. Warburton Mr. Keble and Mr. Littleton Mr. Powell and Mr. Clerke Mr. Lewis and Mr. Elkenhead to be Judges in Wales The House passed several Compositions of Delinquents 19. Report of the Counter-Petition in London and That the Committee had imprisoned one Tewleday an active man for that Petition Many excused him as being as lawful for those of one Judgment as of another to Petition the Parliament but it was carried in the House to approve of his Commitment and Mr. Tewleday was sent for in safe custody Order of both Houses to remove the Kings Children into the Country Orders for new Elections Some disturbance was in the Army about going into Ireland and for Petitioning the Parliament and Offence taken at the Essex Petition which reflected upon them but all was appeased and they promised not to Petition before they had acquainted their General therewith 20. The Ordinance Read for the Assessement of sixty thousand pounds per Mens for the Forces Order for the House to adjourn every Friday till Tuesday after Divers Citizens came to the House to avow the Petition complained of by the City Petition The Commissioners of the Great Seal continued for twenty days longer 22. The Ordinance for sixty thousand pounds per mens referred to a Grand Committee and the same proportions as formerly observed A Petition from the reduced Officers answered with a reproof for their giving directions to the Parliament Upon information of a great Riot in Moorfields and assaulting and Plundering the House of Mr. Hobbard a Justice because he Committed one for Tipling on the Lords day in Sermon time Both Houses past an Order for putting in due Execution the Laws for prevention of Riots and Tumults and for better observation of the Lords day and Fast days The Commons Voted that Mr. Hobbart should have reparation Sir Thomas Fairfax and his Field-Officers met with the Parliaments Commissioners at Saffron Walden about sending Eight thousand Foot and Four thousand Horse into Ireland the Officers as to a personal Engagement to go thither could then make no answer but agreed whether they go in person or not yet they shall endeavour to advance the Service among those under their respective Commands They desired satisfaction in Four Particulars 1. Vnder whose Command in chief they were to go 2. What particular Regiments Troops or Companies were to be continued in England 3. What assurance for Pay and subsistence for those that go to Ireland 4. Satisfaction in point of Arrears and Indemnity for past services A Petition was presented to these Officers from the Army to be by them presented to the General and by him if he thought fit to the Parliament upon these Heads 1. For indemnity for actions as Souldiers 2. For satisfaction of Arrears 3. That neither Horse nor Foot may be Pressed to serve 4. For relief of Widows and Maimed Souldiers 5. For Pay till disbanded 23. Mr. Bolton admitted one of the Assembly Mr. Cooke's Sequestration taken off The Ordinance recommitted for regulating the University of Oxford and the Ministers sent down thither to Preach Ordered to continue there and two hundred pounds allowed to them Order for Collonel Jones going for Dublin to have power of Martial Law A Pass for the Dutch Ambassadour to go to the King Debate upon the Ordinance of the Fleet and for Lambeth Library Votes touching Sequestrations The Parliaments Commissioners agreed with the Marquess of Ormond for the surrender of Dublin and other Forts in Ireland and returned to England with Hostages from the Marquess The Parliament of Scotland answered the English Commissioners That they could not render Belfast in Ireland whilst they had an Army there but upon Paying off their Arrears they will render Belfast and all they have in Possession The Jewel was presented to General Leven from the Parliament of England to whom the General wrote a Letter of thanks The Plague broke out in Edingburgh 24. Votes for Governours of Garrisons Anno 1647 Order of both Houses to free the States Ambassadors from Custom and Excise for things for his own use Orders that no private business be debated for ten days and for re-payment of Money to the Customers and for thanks to their Commissioners in Scotland The Lords gave Reasons to the Commons against the Armys quartering in the Association or near London 25. Votes for Governors of Garrisons Order for the Lord Herbert to have possession of his own Castle A Committee of both Houses to receive some intelligence which the Prince Elector desired to communicate to the Parliament of great concernment to the Protestant Religion Order that the Master and Wardens of the Stationers endeavour to find out the Authors and Printers of a Book called a warning piece c. to suppress it and to seize the Books 26. Order to bayl Mr. Tulida and his business referred to a Committee Votes for Governors of Garrisons Order for Money for Col. Birch who agreed to transport a thousand Foot and two Troops of Horse into Ireland A long report of what is paid and what in Arrears to the Army
raising sixty thousand pound a Month for maintenace of the Forces in this Kingdom and for the service of Ireland and the lessening of the former assessment gave some content to the People 23. Col. Birch stopped by the Guards was discharged by the General Debate about the Charge of the Army against the eleven Members and a Letter sent to the General that what shall be particularly charged against their Members with Testimony and Witnesses shall be received and the House proceed in a legal way therein The third proposition of the representation of the Army upon the question resolved not to be debated and the fourth and a day set to debate the fifth Proposition The City Commissioners returned with Letters from the General further to satisfie the City of his real intentions towards them 24. The Common Council acquainted the House with a Remonstrance and a Letter sent from the General and the Army and in prosecution thereof they desired 1. That they may have further leave to send some of their Members to the Army to hold a good correspondence with the Army which after debate the House agreed 2. That all forces listed by the Committee of Safety or Militia may be discharged which was also hardly consented to 3. That the discontented and reduced Officers and Souldiers may be put out of the Lines of Communication to which was answered That they had put it in such a way as in their judgments they thought fit The Remonstrance of the Army was 1. That the Declaration inviting men to desert the Army be recalled 2. That the Army may be paid up equally to the deserters 3. That His Majesties coming to Richmond may be suspended until Affairs be better settled and no place appointed for his Residence nearer London then the Parliament will allow the Quarters of the Army to be 4. That the Members charged may be forthwith suspended the House 5. That those who have deserted the Army may be disperst and receive no more of their Arrears till the Army be first satisfied 6. That the Parliament and City may be freed from the multitudes of Reformadoes and Souldiers 7. That all Listings and Raisings of new forces and preparations towards a new War may be declared against and supprest The Lords desired the Commons consent to a Letter to the King That by reason of some late accidents they humbly entreated his Majesty either to stay at Royston or Theobalds or to return to New-market to which the Commons agreed 25. Debate of the Charge of the Eleven Members and Voted That by the Law no judgment can be given to suspend those Members from Sitting in the House upon the Papers presented from the Army before the particulars be produced and proofs made and that it doth not appear that any thing hath been said or done in the House by any of those Members touching any Matters in the Papers sent from the Army for which the House can in Justice suspend them Order for pulling down the new Excise-House in Smithfield to which work many people gladly resorted and carryed away the Materials The Head Quarters of the Army removed from St. Albans to Berkamstead the King was unwilling to return to Newmarket but stayed at Royston Power given to the Parliaments Commissioners to confer with the Commissioners of the City in the Army and Order for the Militia of London to send four Companies for the Guard of the Parliament 26. Letters from the Commissioners in the Army and from the General of the Grounds of the Armies advance nearer London Not to awe the Parliament or be a terror to them or the City and renewed their desires That the Members charged by them may be suspended the House and then they will give in a more particular Charge with the Proofs to make it good Letters from the General and his Officers to the City assuring them That they will keep their promise to them and intend not in their near approach any prejudice to the City That they tender their peace and welfare equal with their own and their aims are only to obtain a firm Peace and not a new War The Head Quarters came to Vxbridg and resolved not to march nearer London The King was at Hatfield Upon debate of a message from the eleven Members Charged by the Army the House at last agreed to it and they all left the House Mr. Hollis Sir Phil. Stapleton and Mr. Long went together in a Ship to France where that Gallant English Gentleman Sir Phil. Stapleton fell sick at Sea and grew more sick on Shoar at Callis and within two or three days dyed there as some suspected of the Plague Others of the eleven Members went to other parts and some of them retired into their Countries and there lived privately Mr. Hollis continued divers years after in Britany in France Letters from the Commissioners in the Army about their additional Powers Orders touching the Arrears of Listed Officers out of the twenty five thousand pounds The Ordinance past the Commons for relaxation of Schollars and Apprentices Letters from Vxbridge informed That Dr. Hammond and Dr. Shelden were come to the King to Hatfield That the Councel of War Sat all night at Vxbridge and recalled some of their Regiments who had Quarters nearer London 28. Upon Letters from the Commissioners with the King the House Ordered That they do remove the Duke of Richmond Dr. Shelden Dr. Hammond and all others who ought not to come to the King according to their instructions and that a Letter be sent to the General to give Order that the Guards attending His Majesty observe the Commands of the Commissioners in relation to their Instructions and in keeping Malignants from the King Letters from the Army to this effect That as to the Vote That for any thing done by the eleven Members in the House they could not in justice suspend them Though they doubted not but if it might be done without breach of Priviledg they could prove such proceedings and practises of theirs in the House that they ought to be suspended yet they were so tender of the Priviledges of Parliament that at present they would forbear to press any further upon that point To the Vote That by the Law no judgment can be given to suspend those Members upon the Papers from the Army till particulars produced and proofs made Though reasons may be given and precedents of this Parliament produced to the contrary as in Cases of the Earl of Strafford the Arch-Bishop of Canterbury and the Lord Finch yet considering the proceedings thereupon will take up much time and the present unsettled affairs will require a speedy consideration they are willing that the greater and more general matters be first settled and will forbear giving in the particulars unless required Whereas they understand that the Members Charged by them desired leave to withdraw themselves from the House they take notice of the modesty thereof and
a Gentleman of worth and fidelity dwelling among them Collonel Tichburne to have that charge that he would acquaint his Officers with their kind Invitation and desired that all may labour and study for unity and peace After this the General viewed the Stores and gave some Orders to the Lieutenant and twenty pounds to the Warders and Officers 10. The Lords desired the Concurrence of the Commons to the Declaration of Sir Thomas Fairfax and the Army mentioning the grounds of their coming up to London with the Army and after a long debate it was upon the question laid aside for that time Both Houses past an Ordinance for the continuing the two Speakers Commissioners of the Great Seal for a month longer Order That the twenty five thousand pounds stayed by the Apprentices and sent to the Tower should be sent for the service of Ireland and Sir Thomas Fairfax to send a Convoy with it to the Sea side Two Aldermen and four Commoners attended the General for his answer to their Invitation which he excused That he could not accept because of the many and great Affairs touching the settlement of the Kingdom wherewith he and his Officers were at present taken up and returned thanks to the City They were preparing a Bason and Ewer of Gold of the value of about one thousand pounds for a present to the General Letters from Berwick That Pulpits in Scotland urge the necessity of that Kingdom To maintain the ends of the Covenant against all violation and that many Souldiers are entertained there and Letters from Collonel Lambert mention their preparations 11. The Lords sent again to the Commons for their Concurrence to the Declaration of Sir Thomas Fairfax and the Army and for Nulling the forced Votes and after a long debate the Commons agreed upon an Expedient and referred it to a Committee to be drawn up for Nulling the forced Votes by a Repeal yet so as the fomenters of that force and the Mutineers might be proceeded against Mr. Brittan of London sent for to answer abusive Speeches against Captain Brain of Southwark for assisting Sir Thomas Fairfax and an Order of thanks and indemnity passed both Houses for those of Southwark the like Orders passed for the Committee and Forces of Hertford-shire and for Collonel Blunt and his Forces in Kent Orders for a Committee to inquire what Arms c. have been taken out of the Publick Stores in the late Tumult and to have them restored And for one hundred pounds for the poor Visited people in Westminster and for suppressing of Stage-Plays Bull-baitings Dauncing on the Ropes c. Upon a complaint to the General and his Councel of War at Kingston That Members of Parliament and other rich men were exempted from Quartering and the poorer sort thereby oppressed the General and his Councel of War made an Order to take off those exemptions and that all alike should bear the burden equally Some Gentlemen out of South-Wales came to the General declaring the Good affections of those Countries and readiness to joyn with the General and Army The Brewers of London Petitioned the General to be a means to take off the Excise of Beer and Ale from them 12. The Thanksgiving-day kept by both Houses together Divers Reformed Officers who disclaimed having any hand in the late Tumult Petitioned the General That he would be a means they might have part of their Arrears Certain Ministers Petitioned the General complaining That divers Delinquent Ministers who were put out of their Livings do now trouble and seek to out those Ministers whom the Parliament put in and particularly That Dr. Layfield counterfeited a Warrant from the General to remove a Minister from his Living in Surrey into which he was placed by the Parliament The General and Councel of War declared their dislike of the proceedings and to clear themselves therein and to endeavour to bring such Offenders to punishment 13. Reference to a Committee to consider of a gratuity for Mr. Marshal and Mr. Nye for their pains as Ministers to the Parliament and their attendance of the Commissioners in the Army The Lords desired the Commons Concurrence to a Declaration That the Commissioners of the Militia of London now acting upon a forced Ordinance called the Apprentices Ordinance did act unwarrantably but upon the question it was laid aside But they concurred to another Ordinance to appoint a Committee of Lords and Commons to examine the force put upon the Houses by the Apprentices and Malignants July 26. and the chief actors in it some whereof were apprehended The Lords desired the concurrence of the Commons in approving the Declaration subscribed by the Lords and Commons who absented themselves by reason of the late violence upon the Houses An Ordinance was sent up to the Lords for vindication of the Army Letters from Ireland certified a very great defeat given by Collonel Jones to the Rebels near Trimme with a List of those killed and taken viz. Lieutenant General Burne Collonel Plunket Earl of Fingale Collonel Butler Collonel Waring Collonel Eynod Earl of Westmeath Lieutenant Collonel Rochford Preston's Son killed forty Officers taken three hundred Foot left to the mercy of the Horse seven thousand Foot Arms taken three hundred of the Gentry killed one hundred and fifty Oxen taken three thousand Foot killed four pieces of Ordnance taken great Pillage and Preston's Cabinet of Papers The Marquess of Ormond and Lord Roscommon came into England and had a Ticket to reside near Gloucester 14. The House gave fifty pounds to the Messenger that brought the good news from Ireland and Ordered twenty five thousand pounds more for the Forces there and thanks to the Commissioners Upon a report by the Commissioners in the Army of their proceedings the House approved them and gave their Commissioners thanks Upon a Letter from the General Orders for some maintenance for the Kings servants who were not in Arms against the Parliament Order for one thousand five hundred pounds for the Garrison of Lynne An Ordinance Committed for taking away the jurisdiction of the County Palatine of Durham The King removed to Oatlands and Sir Thomas Fairfax Quartered at Kingston The Judges Sat at Hereford but the people came not in so that there was but little to do either for Judges or Lawyers and the Judges especially Clerk were very froward upon it 16. The Houses Sat not Letters from the North informed That Collonel Lambert in a Speech to the Forces there acquainted them that he was sent by his Excellency to take upon him the Charge and Conduct of the Forces in that Northern Association and hoped to find their ready concurrence with him but he was answered only with silence That they met at a General Rendezvous about five thousand of them and there again Collonel Lambert made a Speech to them to the effect as before and That his Excellency had taken equal care of them
the City They declare 1. That for what time their defaults and delayes shall occasion the stay of the Army hereabouts the charge should be upon them and their adherents about the City 2. That the Houses would consider of the Delinquencyes of those that had a hand in the late tumults and design of a new War and that such Fines may be set upon them as are agreeable to Justice 3. That in case the Money be not brought in by the time appointed that the Parliament would give leave to the General with the advice of the Committee of the Army for levying of the Arrears This was sent by the Commissioners to the Parliament and by them communicated to the Common-Council of London at which they were much startled 20. An Ordinance pass'd for payment of Moneys due upon Bonds in the Court of Wards and a day set to consider of providing for Orphans Upon a Letter from the General of the necessities of Portsmouth Garrison referred to the General and Commissioners in the Army to take care thereof An Ordinance sent up to the Lords for suppressing unlicenced Pamphlets and punishing the Authors and Sellers of them Orders for seven thousand Suits of Apparel and for Shirts Shoes and Stockings for the Forces in Munster and the like for the Forces in Vlster to be deducted out of their pay Mr. Thomas Challoner and Col. Jo. Temple appointed Commissioners of Parliament in Munster The Army in Scotland was voted to be disbanded The Inhabitants of Richmond-shire stood upon their Guard against free Quarter Major General Lambert sent some Forces thither to keep all quiet and went himself to disband the Forces in Northumberland The General made Commissioners of Martial Law in every Regiment to punish the misdemeanours of Soldiers in their Quarters referring all cases extending to Life or Limb to the Council of War at the Head Quarters 21. Upon a long debate Voted by both Houses That the King denyes in his answer to give his assent to the Propositions Order for all the Members of the House to attend in their places by a day Ordinances pass'd for Compositions A Report from the City to satisfie the House That the City at this time could no ways advance the fifty thousand pound for the Army Mr. Porâ—y one of the Commissioners with the Army presented to the House the Explanations and resolutions of the Council of the Army to the Quaeries made upon the Army's Proposals by the Parliaments Commissioners residing with the Army 1. Touching the time when this Parliament should determine it was held fit to suspend that till it should appear what expedition will be made in the Settlement of the things proposed 2. That the Army shall be satisfied either with Biennial or Triennial Parliaments if Triennial then they to sit at least six or eight Months 3. The limitations that Parliaments shall not sit above two hundred and forty days to be understood unless the Parliament find it fit to sit longer but every Parliament to dissolve at least eighty days before the next is to be begun that the course of new Elections may not be interrupted 4. That the Liberty of entring dissents is not desired but where the Vote may be to the destruction of Right or Liberty 5. By the Power of the Militia they mean the power of raising arming c. according to the expressions in the Propositions 6. By the Power of raising and disposing Moneys they mean the same as in the expressions in the Propositions 7. By great Officers they mean the same as in the Propositions 22. Upon a long debate in a grand Committee touching the Kings answer to the Propositions and motions for a personal Treaty and for sending the Propositions again to the King the House resolved to fall upon the settlement of the Kingdom by establishing such additional Laws as may make for the present and future good of the Kingdom and turning the Propositions into Bills and Acts. The House resolved That the Militia should be setled as a Law for twenty years Ordinances sent up to the Lords for Money for the Forces in Lancashire and against unlicensed Pamphlets 23. Upon debate Whether the Parliament should once more send the Propositions or any of them to the King it was voted That they should once more make application to his Majesty for his assent to such things in the Propositions as they conceive will most tend to the good of the Kingdom In order to which it was voted That the Proposition for the great Seal concerning Honours and Titles the Proposition for taking away Bishops c. with some alterations the Proposition concerning Declanations and Proclamations against the Parliament and so much of the twelve Propositions as concern the raising of Moneys for payment of the publick debts of the Kingdom be drawn into Bills and sent to his Majesty for his Assent The Ordinance pass'd for continuing the Committee of the Army and Treasurers at War Orders touching thirty thousand pound for the Army and the Months gratuity to the private Soldiers The General Council of Officers of the Army at Putney agreed upon a representation to the Parliament of their desires as Soldiers and delivered to the Parliaments Commissioners 1. That a Committee may abide at the Head Quarters to state the Accounts and give Debenters 2. For a visible security for the Arrears 3. For an Ordinance That none who have served the Parliament shall be pressed to any Forraign Service nor a Horseman to serve on Foot 4. That the Ordinance concerning Apprentices Freedom who have served the Parliament may be an Act. 5. The like for maimed Soldiers c. 6. For an addition to the Act of Indemnity for all said or done by any of the Army concerning any thing about the Army's Petition at Walden or in vindication of themselves 24. Upon a further report touching the Force upon the Parliament It was voted That Sir John Gayer Lord Major of London Alderman Bunce Alderman Cullam Alderman Langham and Alderman Adams shall be committed to the Tower upon Accusation of High Treason for countenancing and abetting the Force and Tumult brought down and used against the House July 26 last and this to be in order to their Tryal and the Committee ordered to bring in Impeachments against them 25. The Impeached Lord Mayor and Aldermen were carried to the Tower and upon further debate touching the Tumult and Force upon the Parliament it was Voted That several Citizens be Impeached of high crimes and misdemeanors and others to be Indicted at the Kings Bench of High Treason Reference to the Aldermen and Common-Council to consider how the Civil Government of the City may be executed according to their Charters now that the Lord Mayor is committed Orders touching Wharton's Books and other Pamphlets scandalous to the Parliament 27. The Commons sent up to the Lords an Impeachment against the Lord Major and desired a time for his Tryal
and they then would bring up the Charge and Proofs Order about a new Lord Mayor Captain Batten laid down his Commission of Vice Admiral and Col. Rainsborough was voted in his place and a list of the Captains and Ships agreed upon for this Winters Flect Petitioners of Somerset shire had thanks for their good affections A thousand pound ordered for Col. Rainsborough for his Arrears An Ordinance to make void Elections of Delinquent Majors c. and order for the Speaker to write to the Corporations to make new Elections The like for Delinquent Sheriffs and no Delinquent to have a Voice in Elections Ordinances pass'd for Money for Lynne Garrison and for Cloaths for Soldiers Letters from Ireland of the good success of the Lord Inchequin taking twelve Castles in Tipperary and the Castle of Cahir in this manner An English Trooper was wounded and taken by the Rebels and carried into Cahir-Castle Col. Hepsely having observed some defects in the Works had a mind to get into the Castle to see them and was permitted to come in a disguise as a Chyrurgeon to dress the Troopers wounds Having thus espyed the defects in the Works he led on a Party to that place and Stormed the Castle A Letter was ordered to the Lord Inchequin to desire him to send over some of his Officers in safe Custody against whom some things were charged Col. Jones marched out of Dublin with a strong Party The Estates in Scotland ordered their Forces to be disbanded unless the Committee of Estates think fit to continue them in case the Kingdom be in any danger of trouble the person of the King in any hazard or the Nation like to be dishonoured and such as refuse to disband to be taken as Mutineers Major General Lambert quieted the difference about Quarter between the Soldiers and the Richmond-shire men and appeased a Mutiny with stoutness and sent a Party against the Moss-Troopers 28. Both Houses pass'd an Ordinance for suppressing Scandalous and unlicensed Pamphlets the Execution of it was left to the Militia of London and to the Committees of the several adjacent Counties An Ordinance was read for levying the Arrears to the Army of the City of London A Letter from the General Council of the Army to Lieutenant General Cromwel was read in the House mentioning the danger of Mutinys and loss of the Army and of new distractions for want of Pay and desiring him to acquaint the House therewith and to be a means to procure Money The Ordinance passed for thirty thousand pound for the Army and an Order for the Months gratuity and Months Pay Debate of Ordinances for Money for Soldiers Widows and touching Arrears A Letter agreed upon by both Houses from the Parliament to the Queen of Sweden and the state of the matter of Fact of what passed between the Ships of England and Sweden ordered to be delivered to the Swedish Agent Election of a new Lord Major of London 29. The Monthly Fast-day 30. Alderman Warner was presented to the Lords for the new Lord Major for the next year and for the remaining time of the last Lord Major now in Prison and approved of and sworn for both times The Ordinance read for continuing Tunnage and Poundage for two years and referred to the Committee of the Navy to treat with the Commissioners of the Customs about Money for the Winter-Guards Upon debate what should be further tendred to his Majesty upon the Propositions it was voted 1. That the Proposition concerning the prosecution of the War in Ireland by both Houses and in the intervals by a Committee 2. That the Proposition for making void the Cessation with the Irish Rebels 3. That the Proposition for nominating the chief Officers of England and Ireland by both Houses and in the intervals by a Committee be again tendered to his Majesty and drawn into Bills for his consent 4. The three Treaties between England and Scotland ordered to be considered and how far they stand in relation to the desire of his Majesty and that the Lords concurrence be desired October 1647. October 1. Order for Money for Officers and Widows in distress and for the poor English Irish Order for a Declaration That both Houses intend to desist from prosecuting any more that were active or abettors in the late tumults and force upon the Parliament than those whom they have already voted against Order about Cursitors places referred to the two Speakers Orders for removing Prisoners in the Tower to other Prisons The Impeachment agreed unto against Lieutenant Collonel Baines The Ordinance for Delinquents to have no voice in the Election of Officers pass'd and sent to the Lords 2. Some appointed to be examined upon the late tumult and the Declaration committed that no more should be questioned whereby peoples minds were quieted but this was not to extend to any Members of the House reduced Officers or Delinquents Pardon 's granted to some Prisoners Debate upon the Confession of Faith presented by the Assembly A Paper from the Army desiring 1. That the House would grant to the General and such Officers and Soldiers as he should appoint full power with the directions of the Committee of the Army to levy by way of distress from the City the Arrears due to the Army 2. That the Parliament would set a Penalty upon those that put them to this trouble of distreining 3. That they would give the like power and penalty for levying all the Arrears in other places 4. And that the Houses would provide for their own Guards so as the Army might Quarter further from the City 4. Vote for twenty thousand pound a Month above the 60 thousand pounds for the nine thousand Horse and Foot designed for Ireland and towards the Charge of that War And other Votes touching the Forces and Government there Order for two months Pay for all the Garrisons that are put out and so disbanded and all of the Army who are not of the Establishment nor to go for Ireland to be cashiered An Ordinance pass'd for money another for Guernsey c. and Col. Birch Col. Ludlow Mr. Harrington and Mr. Weaver named Commissioners for this business The Letter from the General touching the Arrears of the Army referred to the Committee of the Army Orders touching Guards for the Tower The Lords concurred with some small alterations about the Propositions to be again sent to the King The Lords ordered the Sequestration of the D. of Bucks his Estate to be taken off and recommended to the Commons the Earl of Newport's Petition for lessening of his Compositions and ordered the continuance of the allowance of eight hundred pound per An. to the Bishop of Durham and desired the Commons concurrence Both Houses pass'd the Ordinance for disabling Delinquents to have voices in Elections 5. Debate upon the Ordinance for Turinage and Poundage and Orders for Money for Mr. Prince Order for four hundred pound
the King to both Houses Letters from Col. Hammond That he caused a meeting of the Gentry of the Island who expressed their readiness to preserve his Majesties Person and to obey the authority of Parliament That he had given order to restrain any from going out of the Island or from coming in without Passes or being examined by him and he desires accommodations for the King Order for ten thousand pound for the Garrison of Plymouth and for discharging the supernumeraries there Reference to a Committee to consider of the Kings expences and what they will amount unto above fifty pound per diem formerly allowed A Committee to consider of the Papers and Letters sent from the Army and of the late endeavours of the London Agents to raise a mutiny in the Army and how exemplary Justice may be done upon them and a Declaration ordered upon this whole business Another rendezvous was in the Hare-Warren near Kingston of several Regiments of Horse and Foot who expressed no discontent or disunion but a ready complyance and subjection to his Excellency 19. Ordinance pass'd for Money for the Army Lieutenant General Cromwell gave an account to the House of the proceedings at the late rendezvous and how by Gods Mercy and the endeavours of his Excellency and his Officers the Army was in a good condition and obedience to his Excellency and the superior Officers of the Army and submissive to the authority of Parliament Lieutenant General Cromwell had the thanks of the House for his good Service at the rendezvous and the like ordered to all the Officers of the Army who were active to suppress the mutinous courses The Commons desired the Lords to appoint a Committee to present the Propositions to his Majesty Order that Lieutenant General Cromwell do declare to the General That the House will be at all times ready to receive and give such answer as is sitting in a Parliamentary way to such humble Addresses as shall be made from the Army to the Houses by his Excellency The Kings Letter from the Isle of Wight to the two Houses was to this effect That he supposeth they had received the Letter which he left behind him at Hampton-Court according to which and being in a place of more Security than he was there he still desires and endeavours the settlement of an happy Peace and because Religion is the best and chiefest foundation of Peace he begins with that particular That for the abolithing of Arch-Bishops and Bishops c. he clearly professeth that he cannot give his assent thereunto as he is a Christian and a King Not as he is a Christian for he avows that he is satisfied in his Judgment that this order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the World until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of his Ancestors as the great preserver of Doctrine Discipline and Order in the Service of God That as a King at his Coronation he hath not only taken a solemn Oath to maintain this Order but he and his Predecessors in their confirmation of the great Charter have inseparably woven the Rights of the Church into the Liberties of the Subject That yet he is willing it be provided that the particular Bishops perform their several Duties of their Callings by their personal residence and frequent Preaching and to exercise no act of Jurisdiction or Ordination without consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to the tender Consciences of others and sees no reason why he alone and those of his Judgment should be pressed to a violation of theirs Nor can he consent to the alienations of Church-Lands a sin of the highest Sacriledge and that subverts the intentions of so many pious donors who have laid a heavy curse upon all prophane violations which his Majesty is very unwilling to undergo and believes it to be a prejudice to the publick good many of his Subjects having the benefit of renewing Leases at much easier rates than if the Lands were private mens not omitting the discouragement it will be to all Learning and Industry when such eminent rewards shall be taken away which now lye open to the Children of meanest Persons Yet to satisfie his two Houses he is content that the Presbyterian Government do continue as it is now setled for three years provided that he and those of his Judgment be not compelled to comply therewith and that a consultation about settlement of Church-Government be by the Assembly with twenty Divines to be added to them of the Kings nomination That in the settlement of the Church-Government there be full Liberty to all those who shall differ on conscientious grounds from that settlement provided that nothing be understood to tolerate those of the Popish Profession nor exempting any Popish Recusant from the Penalties of the Laws or to tolerate the publick profession of Atheism and Blasphemy contrary to the Doctrine of the Apostles Nicâ—ne Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation As to the Militia which he avows an inseparable Right of his Crown he cannot devest himself and his Successors of the power of the Sword yet he will consent to an Act of Parliament to place the power of the Militia during his Reign in the two Houses of Parliament and after his Reign to return to the Crown As to payment of the Arrears of the Army he will consent if the House will remit to him some benefit of Sequestrations Compositions the assistance of the Clergy and the Arrears of his own Revenue to pay within eighteen months four hundred thousand pound to the Army and if that be not sufficient he will give way for the sale of Forrest-Lands for that purpose For payment of other publick debts he will consent to such Acts as the Parliament shall agree upon and to an Act for the naming of Officers of State and Privy-Councellors during his Reign by both Houses of Parliament the Commissions to be in his name and after his Reign this Right to return to the Crown He will consent to the taking away of the Court of Wards so as a full recompence be setled upon him in perpetuity That he will consent to an Act to make null all Declarations c. and to an Act of Oblivion that he will give satisfaction concerning Ireland and although he cannot in Honour consent to make void all his own grants under his great Seal and to confirm all Acts under the Great Seal at Westminster yet he doubts not but upon some proposals to give satisfaction therein to the two Houses He earnestly desires a Personal Treaty at London in
Affairs first to be setled shall be transacted that a period may be set to this Parliament Some thought it a piece of high assumption in the Army so often and so earnestly to press the dissolving of that authority under which themselves had so highly acted Some of the Officers were supposed to have hopes of coming in themselves to be Members of Parliament upon new Elections others were thought to act upon better Principles of the Nations Freedom by not being subjected too long to the same Persons in authority 27. Order of both Houses for Mr. Sollicitor to draw up Pardons for some convicted Persons at Northampton The Lords desired the Commons to take a speedy course for constant Pay for the Army that the Countries may not be burdened with free Quarter A Committee appointed to find out the Authors of Mercurius Pragmaticus and Mercurius Melancholicus and other Pamphlets scandalous to the Parliament to punish them and the Printers and Sellers of them and to seize the Impressions of them The Commons agreed with the Lords to have a Personal Treaty with the King after he should have Signed the four Propositions agreed on by the Lords which were to be sent to his Majesty 29. Many Citizens of London and others attended the House with a second Petition of the same Party who Petitioned the last Week this Petition reflecting highly upon the proceedings of the House and accusing them of Partiality desiring to know what are their Freedoms and that those Committed upon the Petition the last week may be released The Lord Major and the Militia of London gave notice of this Petition to the House before it came up and offered their Guards to the House who sent them thanks for it and order to bring their Guards as there should be occasion and set a day to debate this Petition The Committee of Lords and Commons for the business of London Agents was made a close Committee with power to send for Parties c. and to commit to custody In these passages we may take notice of the strange workings of God and of the perplexed condition in which the Parliament was at this time The Army whom they had raised paid and Commissionated now mutiny against them and with their Swords in their hands controule and oppose their Principals and Masters The City the old Friends joynt-actors and constant assistants of the Parliament with their lives and Fortunes become full of Sedition and averseness towards them question their integrity reproach them and seek to cast them off Letters from Ireland certified That the Lord Inchequin marching towards the Rebels in Munster was inforced to joyn Battle with them who were three for one more in number than the Protestants and had the advantage of ground so that the Lord Inchequin's Ordnance became useless His main Battle was hard put to it and by the Cowardise of some like to have been routed but the Lord Inchequin in person with what Horse could be got together made a desperate attempt upon the main Body of the Rebels and gave them a Rout. That Col. Grey with his handful of bare-legged men recovered the Ordnance whereby the Rebels whole Force was dissolved the Collonel was slain and Lieuetenant Collonel Crispe Captain Love and some other Commanders and divers wounded and about an hundred and fifty private Soldiers and Gunners slain and many wounded the whole number of Inchequin's Men were not above four thousand His men had the Pursuit of the Rebels seven miles three several ways as long as the day lasted and in the flight and pursuit were slain of the Rebels about four thousand their Lieutenant General Kilketto with divers Officers killed and taken 30. The grand Committee sate about a constant wayof Pay for the Army Captain Piggot who brought the Letters from the Lord Inchequin made a particular relation in the House of the late victory in Ireland and presented to the House two Letters under the Lord Digby's hand found in the Lord Taffes Cabinet after the Battle One was to direct him concerning the Kings interest in Ireland and to preserve the Army under his Command there and to please the French Agent and promising him great preferments Orders for a thousand pound for the Lord Inchequin to buy him Horses as a favour of the House for his good Services and for Letters of thanks to him and to his Officers and for fifty pound to Captain Piggot and for ten thousand pound for Provisions for Munster Ordinances debated about Money for the Army The King wrote a Courteous Letter to Sir Thomas Fairfax That he appointed Copies of his Letters to the Parliament about his withdrawing from Hampton Court to be delivered to Sir Thomas Fairfax and had also sent him a Copy of his last Message to both Houses from the Isle of Wight in order to the settlement of a good Peace and desires him to imploy his credit therein that Doctor Shelden Doctor Oldesworth and Doctor Hammond may be protected in coming to his Majesty December 1647. December 1. A Petition to both Houses from the Common Councel acknowledging the Supream authority of Parliaments to which all Persons ought to submit craving Pardon for former Errors of some of the City and desiring that a constant pay may be provided for the Army so that free Quarter may be taken off and the Army enabled to lye at a further distance from the City that so Provisions may be cheaper and Trade incouraged They pray that the Covenant may be observed and a good peace established and that the Aldermen and Recorder of their City lately imprisoned may by the favour of the Parliament be released The Houses gave them thanks for their good affections and answered that some of the Particulars desired by them were under consideration and the Parliament would in all the particulars do what belonged to Right and Justice and the good of the Kingdom The Grand Committee sat about the taking off free Quarter The four Propositions to be sent to his Majesty were read the first time 2. The Grand Committee sat about providing a constant Pay for the Army The House debate the Petition of the Citizens in favour of the agreement of the People and voted That it is the right of the Subject to Petition the Parliament and the right of the Parliament to judge of the Petitions that all Petitioners ought to acquiesce in that judgement of the Parliament and so they hoped and expected the present Petitioners would do The Impeachment against the Earl of Lincoln was read the first time and a Message sent to the Lords for further time to bring up the Impeachments against the seven Lords which was granted Order for the names of the Justices of Peace of every County to be given in to the several Members of each County that the House may consider of them 3. Debate all the day long upon the four Propositions to be forthwith sent
to examine and punish Church-wardens Sequestrators and others who countenance the same Order to put in Execution the ordinance for abolishing Holy-days A Printed Paper directed to the Speaker intituled Observations on the Scots Message to the Parliament referred to a Committee to find out the Authors and Printers of it being very scandalous to the King Parliament and Army Mr. Saltmarsh the Minister assirmed that he had somewhat revealed to him from Heaven wherewith he must acquaint the Army And presently went from his House in Essex to Windsor where he spake with the General with his hat on and told him he had doted on him but now must honour him no more because he had Imprisoned the Saints He also told the Officers of the Army That formerly he came to them as a Lamb but now he was come as a Lyon to tell them what the Lord bad revealed to him That though the Lord had done much by them and for them yet he had now for saken them and would not prosper them because they had for saken him their first Principles and had imprison'd the Saints with many of the like expressions He then told the Army He had delivered his message done his work and must leave them and see them no more and so went from Windsor to London and from thence to his House in Essex where being ill on Friday he told his Wife he had now finished his Course and must go to his Father And the next day he dyed 27. Orders for Money for the Navy At a Conference the Commons informed the Lords that Col. Rainsborough had cleared himself of the objections formerly made against him and now at the desire of the General and his Councel the Commons had voted him to be readmitted to his imployment of Vice-Admiral and desired their Lordships Concurrence therein Debate upon a Petition of Doctor Trigge Some Compositions of Delinquents passed Letters from the Commissioners sent to the King That they presented the Bills and Propositions to his Majesty who then said He was assured they would not expect a present answer but he would take the same into consideration and give his answer within few days The next day after the four Bills presented to the King the Scots Commissioners came to him and presented to him a Declaration That they had endeavoured by all means to the Parliament of England for furthering a happy Peace having seen the Propositions and understood of Bills brought to his Majesty which they apprehend prejudicial to Religion the Crown and the Vnion between the Kingdoms and therefore in the name of the Kingdom of Scotland declare their dissent The General sent his Letters to Major General Lambert Major General Laugherne Major General Mitton Major Hopton Col. Humphreys Col. Duckenfield and Col. Venables concerning the disbanding supernumeraries Letters from Ireland of Col. Jone's Marching into Wicklow That his Regiment conformed that Owen Roe Oneale was by the Popish Clergy opposing the Laity made Generalissimo of the Rebels and General Preston cast off That Sir Charles Coote was gone into the Field but Sir Robert and Sir William Steward's Regiments refused to March with him That the Soldiers under the Lord Iuchequin in the last Victory they gained fought all of them with the greatest courage imaginable though they wanted Cloaths Shooes and Bread 28. Debate of an Ordinance for eight hundred pound per An. to be setled on the Bishop of Durham A Petition from Newcastle complaining of the sore burden upon them of free Quarter when the Scots were there and ever since and the Oppression not so great in any other part of the Kingdom Order that they shall have the publick Faith for all free Quarter since the Scots were there Orders for Ammunition for that Garrison and touching the Sequestrations there and in Northumberland to pay Money due to those Countries The Lords dissented from Col. Rainsborough's going to Sea and gave their Reasons for it at a Conference A Message from the Lords to give the Marquess of Winton four Months longer time of liberty and to consider of the Petition of the Lord Cromwell A Letter of thanks written to the Commissioners in the Isle of Wight Divers Compositions passed 29. The Monthly Fast-day News came of a great Disorder and tumult in Canterbury about the observation of Christmas-day the Major endeavouring the Execution of the Ordinance for abolishing holy-days was much abused by the rude multitude had his head broken and was dragged up and down till he got into an house for his safety They broke into the houses of divers others who were of the Majors Opinion put themselves into a Military Posture kept Guards stopt Passes and examined Passengers and the like Insurrections were in several other places of the Kingdom 30. Upon a Letter from the Committee of Kent of the disorder at Canterbury The House ordered That the Order for examining and committing of Church wardens c. who countenanced Malignant Ministers should be Printed and referred the business of the Riot at Canterbury to the Committee with power to send for Parties c. and to imprison and to certifie the whole matter to the House The like Riot at Eling in Middlesex was referred to be examined and proceeded against at the Sessions of Peace Letters from the General that he had given a Commission to Sir Arthur Haselrigge to be Governor of New-castle which the House approved and ordered him to repair thither to his Charge Mr. Harris a Church-Warden of St. Martins Parish ordered to be committed for bringing Delinquents to Preach there and to be displaced from being Church-warden there 31. Letters from Sir Thomas Fairfax That by reason of a late Mutiny and design to carry away the King he had given order to Col. Hammond to keep a strict guard upon his Majesties Person till he further knew the pleasure of the Parliament The House approved therof and ordered the General to take special care for securing the Person of his Majesty where he now is in Caresbrooke Castle And they ordered that Col. Hammond the Governor of the Isle of Wight take special care for securing the King's Person where he now is and to observe such further Orders therein as he should receive from the General and the Lords concurred herein The Parliaments Commissioners returned from the King with little satisfaction touching the four Bills presented to him The House Ordered that Mr. Marshal and Mr. Nye be desired to come and pray with the House to morrow morning to seek God for his blessing and direction in their consultations tending to matters of great concernment The general Councel of the Army agreed upon Warrants to be sent from the General to all those Officers whose Soldiers were to be disbanded according to the Orders of Parliament that they conform unto and see the same done accordingly and mention of the stating their Accounts and security for their Arrears with present Pay of
Sequestration discharged of Doctor Hall Bishop of Norwich Order for Monies for repair of some Castles and Garrisons Votes for great Guns and supplys to be sent to Col. Jones into Ireland Debate in the Lords House touching a Proclamation against the Lord Willoughby and giving time to the other six Lords to put in their Answer 17. An Ordinance sent up to the Lords for selling the Lead of Worcester Steeple and imploying the Money for repairing of some adjacent Churches and some Hospitals in the City The Ordinance committed for attainting of Judge Jenkins Order for the Sheriffs of South-Wales to assist in the disbanding of the Forces there Referred to the Committee of Derby House to remove Obstructions in the Disbanding of the Forces Order for the Committee of the Army to pay off the Forces of Dover Castle that are to be disbanded and for renewing the Ordinance for maintenance of the Army for six Months longer 18. Letters from Col. Hammond with some intercepted Letters to the King referred to the Committee at Derby House Leave given to Mr. Barwis a Member of the House to execute the place of Major of Carlile Upon Letters of the mutinous condition of Plymouth Garrison for want of Pay Order for six thousand Pounds more than before for them Order for the Governor of the Isle of Wight to place and displace such persons as are to attend his Majesty as he shall think fit 19. Order for rewards for discoverers of the authors of some Pamphlets which were Blasphemous to God and Scandalous to the Parliament Two days in the Week ordered to consider of the Excise and Customs Leave given to the Lawyers to go the next Lent-Circuits Debate and Ordinances for Money for the Navy Upon hearing of proofs the Ordinance passed to be sent up to the Lords for attainting of Judge Jenkins 21. Judge Jenkins brought to the Bar of the House refused to kneel denyed their authority told them that they wronged the King willing that the Laws might be protected that there could be no Law without a King and used high expressions against the Parliament and their authority The House fined him a thousand pound for his contempt At another time when his charge was read against him at the Bar for giving Judgement of Death against men for assisting the Parliament and for being himself in Arms against the Parliament and perswading others to do the like and for denying the Power of the Parliament c. and asked what he had to say thereunto he told them that they had no power to try him and he would give no other answer After many Witnesses examined in the House to prove the matters of Fact contained in the Charge the House passed the Ordinance for Impeaching of Judge Jenkins and ordered it to be sent up to the Lords An Account by Letters from the Commissioners of the two Houses in Scotland of their transactions with the Committee of Estates there and of the meeting of the Assembly of the Kirk of Scotland and of part of the report made from the Commissioners of Scotland who were at London to the Committee of Estates An Ordinance passed both Houses for the Judges that are to go the Circuits in the next Assizes A Petition in behalf of Lieutenant Collonel Lilburne and Mr. Wildman laid aside Letters from the North that free Quarter was quite taken off and the private Soldiers all reduced 22. Report of a Letter from the Duke of York to the King intercepted and being only dutiful expressions to the King his Father and the Duke expressing he was sorry he had transgressed the Ordinance of Parliament The House only ordered that the Earl of Northumberland continue his care in the safe keeping of the Duke and the rest of the Kings Children and to place and displace Attendants about them and Delinquents were forbidden to have any resort to them Ordinances passed both Houses for Mr. Fenwick to be restored to a Fellowship in Cambridge for Money for the Navy and for some Garrisons Letters from Ireland of Successes by the Lord Inchequin Col. Jones and Col. Monk against the Rebels notwithstanding the want of Pay the hunger and nakedness of the English Soldiers 23. The Monthly Fast-day after Sermons upon long debate the Ordinance was committed for the better observing the Lords day Fast-days and other days for holy duties Order for two Scandalous and Blasphemous Pamphlets one intituled the Parliaments ten Commandments The other The New Testament of our Lords and Saviours the House of Commons be burnt by the Hangman A Paper was presented to the General of the desires of his Life-guard concerning their disbanding which not receiving that reception as was expected from the Committee and some having told them they were looked upon as disbanded men Divers of the life-guard went to Cornet Hall's lodging in Greys-Inne-Lane and fetched away the Colours of the Life-guard and carried them to a place at Snow-Hill 24. Debate till late at night about the Declaration in answer to the Scots last Papers Letters giving account of the disbanding the supernumerary Forces The General being tired with multiplicity of business and Petitions of London appointed Cromwell Ireton Fleetwood and divers other Officers and such Field Officers as were in Town or any five of them to meet every day in White-Hall to receive Petitions and consider of businesses relating to the Army and for the better preparing of dispatches 25. Debate from Morning till night upon the Declaration in answer to the Scots last Papers A Petition to the General from the Officers under M. G. Laugherne expressing the Services and Losses their Arrears of Pay for two years and an half praying the General 's recommendation of them to the Parliament aad stating their accounts The General and Lieutenant General and other Officers met as a Court-Marshal about the business of taking away the Colours by the Life-guard and which was looked upon as a great dis-respect and dishonour to the General one Mr. Clerke a chief Actor in it was found guilty of Mutiny and disobeying Superior Officers and adjudged to be shot to death 26. Debate all day upon the Declaration in answer to the Scots last Papers The General 's Life-Guard presented an humble and ingenious Petition to his Excellency acknowledging their fault and begging his Pardon and give a testimony of the great Honesty Valour Fidelity and integrity of Mr. Clerke condemned to dye and very humbly implore the General 's Mercy to him Clerke likewise humbly Petitioned for Mercy and acknowledged the Justice of the Court Marshal and the General gave him his Pardon 28. Debate this whole day upon the Declaration in answer to the Scots Papers wherein they set forth the whole transaction with the Scots their due observance of the Treaties and Covenants and the breach of them by the Scots c. Letters from Scotland That the Parliaments Commissioners at Edenburgh had no Lodgings provided for them but
and that he would be ready to use his endeavour in what might conduce to the good of the Town Letters informed of some armed Forces that marched through Lancashire and Westmerland towards the borders of Scotland 8. Debate upon private Petitions Orders to provide for Reformadoes and Soldiers Widows Six of the Impeached Lords Petitioned for further time for their answers and it was granted them till the twelfth of April next Order of both Houses for Mr. Marshall to return from Scotland An Ordinance sent up to the Lords for the sale of some Lands of the Earl of Newcastle to Col. Whaley Order for Money for poor Widows of Soldiers and a reward given to the Auditors of the Soldiers Accounts Letters from Holland certified that the Lord Willoughby of Parham was come thither 9. The House debated and confirmed the ingagement of their Members who were forced by the tumults from Westminster and the subscription by them Aug. 4 1647. testifying a zeal to the Publick and a resolution to vindicate the honour and freedom of Parliament Divers Inhabitants of Bucks presented a Petition and remonstrance to the House acknowledging with thanks their unwearied Labours for the Publick the great successes God had given them and the continuance of their care and faithfulness They resolve to adhere unto and stand by the Parliament to their utmost ability against all opposers They desire them to proceed to a speedy setling of the Civil Government as may most conduce to the freedom and happiness of the Nation to promote Religion according to the Word of God to incourage able Ministers and to cast out such as are Scandalous and to be tender of the Consciences of those whose Conversation is as becometh the Gospel to relieve Ireland and to secure themselves from violence The Petitioners had the thanks of the House for their constant good affections and the Speaker told them that the House had ordered their Petition to be Printed as a pattern for other Counties and would consider of the particulars of their Petition in convenient time Order touching Augmentations for Ministers Sir John Strangeways upon his Petition was admitted to his Composition and the Money which should be raised thereby was ordered for the Navy 10. Order for an Ordinance for electing a Lord Major Aldermen and Common Councelmen of York as had been formerly for London Debate upon the confession of Faith 11. Debate about the draining of the Fennes in Lincoln-shire c. and about matters presented by the Committee of Accounts which were referred to a Committee Upon Information that the Troop which marched through Lancashire towards the borders of Scotland was Captain Wogans Troop and he with them who had slighted several Orders of the General 's and now hoped to find invitation to Scotland The General sent Orders to Col. Lambert and to the Sheriffs of the Northern Counties to stop Col. Wogans March and to deal with him and his Party as Disturbers of the publick Peace 13. Upon reading the Impeachment and hearing of Proofs against Sir John Gayer late Lord Major of London the House pass'd the Articles against him the like against Alderman Bunce Alderman Adams Alderman Langham and ordered them to be sent up to the Lords and their Lordships be acquainted that the House is ready to make good their Charge against the Aldermen The House approved of the Ingagements of Col. Welden for supplyes for the Garrison of Plymouth and ordered them to be paid accordingly Order to desire the Parliament of Scotland to give direction to seize and apprehend Captain Wogans Forces or any such that shall march into Scotland being discontented Persons who endeavour to forment new differences Reference to the Committee for Irish Affairs to examine and state the business concerning accounts for Provlsions for London-derry between Mr. Goring and Mr. Thornton Merchants Mr. Dell who was Chaplain to the General took his leave of the Army and retired to his private home Letters from Scotland informed That the Divines there have presented to the Parliament their resolution against adhering to on joyning with the King and his Party That a Letter from the King to the Commissioners of the Kirk was voted by them of a dangerous consequence that some of the Kirk are joyned to the Committee of danger who have in consideration these particulars 1. The danger of Religion in both Kingdoms 2. The carrying on of the Covenant 3. The state of the King 4. Monarchical Government 5. The danger Scotland is in 6. The Vnion of the two Kingdoms That the English Horse which are come into Scotland are not received the English Commissioners declaring to the Parliament there that these Horse come not by any authority of the Parliament of England They lye at their own charge and pay Quarter 14. Divers Compositions passed An Explanatory Ordinance for sale of Bishops Lands sent up to the Lords Reference of a Petition touching matter of Priviledge upon a Bond from a peer who doth not now sit in the House of Lords Sir Hardress Waller published a Declaration or Representation to the Counties of Devonshire and Cornwall where he commanded the Forces Expressing the Honour and Justice of the Parliament and their General in their proceedings and in the distribution of the Forces in those Counties and touching the Assessments and freeing the Countreys from the burden of free Quarter perswading them to complyance with the Orders of Parliament and to pay the Assessments and promiseth his utmost endeavour in his Station to preserve and further the Peace and good of those Counties 15. A Message from the Lords to the Commons That their Lordsnips had agreed to the Ordinance for the maintenance of the Army under Sir Thomas Fairfax Also that they had agreed to the Ordinance for committing the custody of the great Seal of England into the hands of Commissioners of both Houses viz. The Earl of Kent Sir Thomas Widdrington Knight and Bulstrode Whitelocke Esquire for one year only their Lordships desired that the Lord Grey of Werke might be added to the said Commissioners and that one Lord and one Commoner might be of the Quorum And in regard the Commissioners of the House of Commons were in the Circuits and shall not return till the beginning of the next Term whereby much dammage would accrue to the Subject by not having Commissions and Writs Sealed before the Term as usually it was desired that the Earl of Kent and the Lord Grey might have power to sign Commissions and Writs till the tenth of April next to which the Commons after some debate assented The Ordinance of both Houses of Parliament for the custody of the great Seal was of this Tenor Die Mercurii 15 Martii 1647. An Ordinance of the Lords and Commons assembled in Parliament for Committing the Great Seal of England into the Hands and Custody of Commissioners The Lords and Commons in Parliament Assembled do Order and Ordain
and be it Ordained That the Great Seal of England shall be committed to the custody and keeping of Henry Earl of Kent William Lord Grey of Werke Sir Thomas Widdrington Knight and Bulstrode Whitelocke Esquire who are hereby Ordained Commissioners for that purpose for and during the time of one whole year from the Passing of this Ordinance Which said Persons are hereby constituted and appointed to be Commissioners for the Custody of the said Great Seal of England during the time aforesaid and they or any two of them whereof one Member of the Lords House also one Member of the House of Commons shall have and are hereby authorized to have the Custody and Keeping Ordering and Disposing thereof as also all such and the like Powers and Authorities as any Lord Chancellor or Lord Keeper or Commissioners of the Great Seal of England for the time being hath Lawfully had and used or ought to have had or used John Brown Cler. Parliamentorum Henry Elsinge Cler. Parliam Dom. Com. Orders upon private Petitions of Grievances Letters from Ireland That the Lord Inchequin relieved some Garrisons of the English in Tipperary entred Carricke and Fortified a Pass to make good his Retreat blew open the Gate of Cullen by a Petard entred the Town took two Castles by Assault and put three hundred Soldiers to the Sword and some Women notwithstanding order to the contrary and then took in another strong Castle upon Mercy That Owen Roe Oneal is dead and the Supreme Councel fled from Kilkenny That the Parliaments Ships took three of the Rebells Ships loaden with Ammunition and Captain Ball took an Irish Man of War 16. Orders for taking off several Sequestrations in performance of Articles of War Ten thousand pound accepted for the Composition of Sir Jo. Strangeway and his Son and ordered for the Navy The Lord Fairfax Father to the General having a bruise on his Foot where a Corn was growing it festred and turn'd to a Gangrene which brought a Feaver upon him whereof he died at York March 13. and was much lamented Order that Sir Thomas Fairfax his Son should be Keeper of Pontefract Castle Custos Rotulorum of York-shire and chief Ranger c. in the place of his Father Order for Papists to be admitted to Compositions in performance of the Articles of Oxford 17. Long debate upon the Confession of Faith allmost all the day Several Ordinances pass'd for placing Ministers in vacant Benefices 18. The House sate not but according to their Order the Grand Committee sate about the business of the Fennes in Lincoln-shire 20. a Petition of London Merchants complaining of Pyrats and decay of Trade was referred to a Committee of Trade which was revived with power to consider of removing Obstructions in Trade and to receive all Petitions concerning the advance of Trade And referred to the Committee of the Admiralty to provide a sufficient guard for the Merchants Ships Letters of the Proceedings of the Commissioners in Scotland and of their Letters to the Major of Berwicke giving him notice of a design to surprize that Town and the Major's Answer Order for a Letter of thanks to the Major and to desire him to preserve the Town from Garrisoning according to the Treaty and order to the General to prevent any inconvenience by such meetings of the Cavaliers and Papists Letters from York of another Troop Landed from Ireland at Chester which marched towards Scotland That the Lord Fairfax the General 's Father was honourably buried Letters from Scotland of Divisions in their Parliament Some for raising an Army against the Sectaries in England others for the King and a third Party for no War The Clergy were for an Oath to be generally taken That Presbyterial Government be maintained that the King be not restored till he sign the Covenant to endeavour the extirpation of all Sectaries especially Erastianisme that the Ecclesiastical power is not subject to the Civil that the Kings Negative Vote in England be taken away Captain Wogan had Money sent to him in Scotland to pay his Quarters but by whom will not be discovered there are four hundred Foot and a Troop of Horse of the English in a Body 21. Letters that Col. Poyer held out in Pembroke Castle against the orders of Parliament and the Forces sent thither by the General that in the Morning he is sober and penitent and in the afternoon drunk and full of Plots that he put four or five of his Companions in the best Apparel he could get and by Sunrising put them out at the Sally-port and received them in again at the Gate himself with great Ceremony giving out in the Town that they were Commanders sent out of France to him from the Prince of Wales and more were to follow That when he hears news that pleaseth him then he puts forth bloody Colours and declares for the King and Common-Prayer when he hears other news then he is for the Oath and Covenant and puts forth blew and white Colours That one day he fired all his Guns on the Parliaments Forces without any occasion that afterwards he was very quiet yet the next day he vowed that not one of the Parliaments Forces should go away alive and calls the General King Thomas That the Parliaments Forces lye close and make no Shot at him but none of his men dare peep out of Town Upon Summons sent to him his answer was that if they might have their Arrears Disbursements and Indemnity they would give up the Castle The House ordered the General to send sufficient Forces to reduce Col. Poyer and Pembroke Castle an Ordinance to remove him from being Major of Pembroke and to constitute another Order for a Months Pay for the Forces in the Isle of Wight and for an allowance for four Gentlemen attending his Majesty Debate about Compositions upon surrenders of Garrisons A Plot was discovered by the General to surprize the Tower this night 22. Orders upon many private Petitions Ordinance past touching the Collecting of the Rents of Westminster Colledge The Commons agreed with the Lords in the Doctrinal part of the Confession of Faith but altered the Title from the Confession of Faith to be Articles of Faith agreed upon by both Houses 23. Debate touching Oxford Articles and about clipped and false Money Ordinance about reimbursing the Committee of Surrey for Money laid out by them for the Soldiery Order for a Writ for a new Election 24. Debate about setling of a good Ministry in some vacant places and Ordinances for some particular Parishes Order for two thousand pound for repairing the Library at Cambridge to be raised out of Deans and Chapters Revenues and an Order for incouragement of the Heads of Colledges there The General sent strict Orders for the disbanding of Major General Laugherne's Forces according to the Orders of Parliament and for the reducing of Col. Poyer 25. The Ordinance passed both Houses for setling the business of the Navy
none shall be imployed but men of integrity 8. They desire a Committee of the Assembly to joyn with a Committee of the Parliament in stating the matter upon which any ingagement shall be To this answer the Commissioners of the Assembly made a reply adhering positively to their former desires and that they were not satisfied with the answer of the Estates of Parliament Other Letters that the Scots Parliament have agreed upon these things 1. To raise an Army for the safety of both Kingdoms 2. That none who have been in opposition to the two Parliaments shall be of this Army 3. That by this Army they will defend the Covenant and the King if he take the Covenant 11. A Relation made from the Militia of London to the Common-Councel of the Tumult they voted That by this Tumult and Outrage the City was in great danger of destruction if the same had not been prevented and that the City would have been exposed to the fury and rage of the Malefactors That they disavow and detest it and they appointed the Committee of the Militia to make known the same to the Parliament and humbly to pray them That their Order may issue to the Ministers of London to return thanks to God for this great deliverance and that they would order a Commission of Oyer and Terminer to try the Malefactors and they acknowledge the Army raised by the Parliament to be the instruments under God of this great deliverance They ordered their humble thanks to be returned to the General for his timely aid to the City in this occasion and they thanked the Committee of the Militia for their care in raising men and sending to the General and approved what they had done and they acknowledged the pains and care of the Lord Major Sheriffs and Magistrates The Common Councel declared that it is the duty of every Citizen by himself and all under his command to be ready upon all occasions to be aiding and assisting to the Lord Major and Magistrates for the suppressing of all Tumults and Disorders within the City 12. Letters from the Commissioners in Scotland That they had demanded of the Parliament of Scotland Sir Philip Musgrave and Sir Thomas Glemham according to the Treaties and had yet no answer concerning them nor Captain Wogan The six Lords impeached put in their answer of Not guilty An Ordinance passed for the jurisdion of the Admiralty for three years Order to restrain felling of Timber in the Forrest of Dean and New-Forrest and that the Timber fit for Shipping be imployed for the Navy Ordinance re-committed concerning the Militia of Westminster and the Hamblets of the Tower The Speaker with the House of Commons went up to the Lords House where Widdrington and Whitelock were sworn Commissioners of the Great Seal the Earl of Kent and the Lord Grey being sworn before and the Great Seal was delivered to them The Committee from the Common Councel came with their Message to the Houses touching the Tumult but they being risen the Committee went to the General to present to his Excellency the thanks of the City for his great care and pains in the speedy suppressing the late Tumult and they were entertained by the General with great respect and favour 13. Proposals touching the Excise referred to the Committee of both Houses for the Excise An Ordinance sent up to the Lords for appointing Doctor Clerk Doctor Exton and Dr. Dorislaâ—â—s to be Judges of the Admiralty Debate touching the setling of the Summers Fleet and some Commanders agreed upon for it The Commissioners of the Great Seal had a stipend setled upon them for the time of their being Commissioners and ordered to be paid by the Commissioners of the Customs and the Commission was revived for the hearing of Causes in Chancery The Committee from the Common Councel presented to the House the Narrative of the Tumult and the Votes of the Common Councel concerning it and with their desires and the House ordered a publick thanksgiving for it in London and that the Posts and Chains about the City be taken down and ordered a thousand pound for a gratuity to the Officers and Soldiers at White-Hall and the Meuse for their gallant Service in that action Order for thanks to the General for his care in this business and that Disaffected and Idle Persons be removed out of the Tower and the Regiment there to be made up a thousand and twelve hundred Horse to be there The Committee delivered the same Message from the Common Councel to the Lords and had the same answer as from the Commons Letters from Wales that Col. Poyer increased in strength there 14. The Assembly presented to the House the Catechism perfected with the Scriptures noted in the Margin and had the thanks of the House for their pains Some who were Officers in Ireland under the Lord Inchequin came over into England and one of them Major Elsing came to the House and informed them that the Lord Inchequin was revolted from the Parliament and joyned with the Rebels and indeavoured to perswade all his Officers to joyn with him therein Order to recal their Commissioners going to Munster and the House declared all power granted by Parliament to the Lord Inchequin to be void and that no Officer or Soldier should submit to his Command and the Lord Inchequin to be a Rebel and Traitour and a Declaration ordered to be brought in to that purpose 15. Order for mony for the Forces Quartered in the Tower The Lords communicated to the Commons a Letter from the Duke of Lorrain which was referred to the Committee of the Admiralty Reference and power given to the Committee of Monmouth and Glamorgan to apprehend such as were guilty of Tumults and Insurrections there Order for the General to add four hundred more Foot to the Forces in the Tower and for mony to buy Bedding c. for them The Ordinance past both Houses to prohibit felling of more Wood in the Forrests of Dean and New-Forrest Order for more forces to be sent into Munster in Ireland 17. Upon information of a Sermon yesterday Preached at Grays-Inn Scandalous to the Parliament order to apprehend the Minister as a Delinquent and to take into custody the Barrister who procured him leave to Preach till he produced the Minister Order for Sir Hardress Waller to be Governour of Pendennis Castle Both Houses past an Ordinance for a thousand pounds per ann Salary for the Commissioners of the Great Seal to each of them And that the Commission for hearing Causes in Chancery be renewed and Dr. Bennet and Mr. Elkenhead added to the Commissioners Divers Ordinances past for Compositions and Sir Oliver Cromwels remitted for his Kinsman Lieutenant General Cromwels sake A List passed for the Summers Fleet for the Irish Seas under Vice Admiral Crowther and he to receive Orders from Vice Admiral Rainsborough who had Orders about reducing of Poyer Debate
tryed forthwith The General removed Northwards Lieutenant General Cromwel possessed Carmarden the Forces being drawn into Pembroke Castle where Laugherne Powel and Poyer were but some differences reported to be among them there 22. Order for supplying the Stores and taking off the Salt Peter Letters from the Mayor of Sandwich That a young man was lately come thither who gave himself out to be the Prince of Wales and That many came to him to kiss his hand and others sent him money Vice-Admiral Rainsborough advertised by Letters the fame thing referred to the Committee at Derby House to examine this business and to send for this pretended Prince of Wales and Messengers went to bring him up The Gentry of York agreed to raise Horse and Foot for defence of their Country against all Opposers of the Parliament Which the House approved and Ordered thanks to them for it Thanks Ordered to the Militia of London and to Major General Skippon for preserving the Peace of the City and securing the Parliament The Ordinance past for advancing fifty thousand pounds for the service of Ireland An Ordinance past both Houses against Tumultuous meetings to present Petitions to the Parliament Letters from Edenburgh of great preparations in Scotland for raising Forces Horse and Foot And that an Act was published for putting that Kingdom into a posture of defence against Malignants Sectaries and others That General Leven laid down his Commission and Thot Duke Hamilton was chosen General That they gave a rich Jewel to General Leven and promised him one thousand pounds Letters That Eighty Horse each Horse-man carrying a Foot-man behind him came to Pontfret Castle and set up their Scaling Ladders in the Night designing to surprize it for the King but the Garrifon took the Allarum and the Centries firing upon them they all got away Collonel Rigby and the Gentlemen of Lancashire raised the Forces of that County to oppose the Enemy Some Gentlemen of Surrey came to the General and desired him in the name of that County to command his Soldiers that no affront might be offered to the Countrymen by the Soldiers and the Country will take care that no affront be offered to the Soldiers but that they have necessary and lawful accommodation and respect And that they were grieved That so much injury was offered to their Petitioners and so much Christian blood of their Country shed 23. Both Houses passed the Ordinance for putting Malignants and Papists out of the Lines of Communication and twenty miles distant from London A Petition from the supernumerary Officers and Soldiers for part of their Arrears for their present subsistence answered That they must be satisfied with the security given to them and others already A Petition from the City of London expressing their Thankfulness for the granting of their former desires and their joy for the Votes of Parliament that they will not alter the Government by King Lords and Commons and will preserve the Covenant and Treaties but that they are much grieved that their Magistrates and fellow Citizens for a long time have been under restraint They humbly pray the prosecution of their Votes by the Parliament for the settlement of Peace preservation of the Vnion Covenant and Treaties and that the Aldermen now in the Tower their Recorder and the rest of their fellow Cittizens restrained upon the same occasion may be restored The Lords Gave thanks to the Petitioners and assurance that they would indeavour the settlement of Peace and to prevent a new War and the discharge of the Recorder and that they may be united their hearts fastned and their hands strengthened to serve the Parliament The Commons gave an answer to the same effect and Voted the discharge of Mr. Recorder Glyn and divers other Citizens from their Imprisonments that the Forces at the Tower be joyned with those at White hall and the Meuse till the City Militia be in a posture for the Guard of the Parliament The Gentlemen of Montgomeryshire subscribed an Ingagement To adhere to the Parliament and to put themselves into a Posture of Defence 24. Instructions passed for the Earl of Thanet to go down into Kent to quiet the Rioters there by assuring them 1. That the Houses have no such intent as the Malignants have given out to Execute two of every Town of them 2. That they may have leave to present their Petition by a few 3. That upon laying down their Arms and repairing home they shall have an Ordinance of Indemnity Vote by the Commons That after His Majesty hath signed the Bills for setling the Militia and for the Presbyterian Government and recalled his Declarations c. against the Parliament that then a Treaty shall be had with him upon the rest of the Propositions at Hampton-Court The Author and Printer of a Scandalous feigned Engagement of the Counties of Kent Surrey Essex c. ordered to be whipt and Imprisoned Letters from Collonel Duckenfield That the Gentry of Cheshire have ingaged to adhere to the Parliament and to raise three Regiments of Foot and one of Horse if occasion be for defence of their Countrey Letters of some Forces for the King come into Lancashire and North-Wales and of the readiness of the Countries to oppose them 25. Intelligence of the increase of the Rioters in Kent and their seizing some Shipping and Ammunition at Rochester and their approaching near London which it was given out they intended to Plunder Referred to the Committee at Derby-House to order Forces for the better security of the Parliament and City and notice hereof to be given to the General The Lords Voted an addition to the Committee at Derby-House Debate touching provision of Money for the Forces in London and for raising new Forces 26. Debate about the Bills to be presented to the King in order to a Treaty with him and about the discontents and desires of the County of Surrey Upon Information that the Rioters of Kent had Plundered the Houses of many Members of Parliament who serve for that County Orders for the suppressing of them Some of their Members had the thanks of the House for removing the Ordnance and Ammunition from Wolwich to the Tower Letters from Wales of the Insurrections there well nigh suppressed That two hundred and forty of the Welchmen Batchellors were sent to the Barbadoes and three shot to Death at Cardiffe 27. Orders for slighting of Banbury Castle and for Money for Repairing and Victualling of Windsor Castle and for a hundred Beds for the Soldiers there and for Victualling of Dover Castle Reference to the Committee of Derby House touching additional Guards for the Isle of Wight and to the Committee of the Navy touching the Sea Guards Upon a Petion from the Rioters in Kent Ordered That they shall have Indemnity and Pardon if they forthwith lay down Arms restore what they have taken retire to their own dwellings and ingage to be quiet for the
Forlorns of both Parties incountred and the Parliaments Horse were forced to a disorderly retreat the Enemy pursued with their whole Body upon the reserve of the Parliaments who received their Charge and after a hot dispute routed them Captain Taylor singly incountring Sir John Owen after he had broken his sword upon his head closed with him dismounted him and took him Prisoner and his party immediatly sled There were killed of them thirty and Sir John Owen with divers others of Quality and sixty private Souldiers taken Prisoners four of the Parliaments Souldiers were Slain and divers Wounded and many Horses Killed on each side Order for two hundred pounds for Captain Taylor and gratuities for divers others and for disposing of the Prisoners Letters of an Agreement betwixt the General and the Kentish-men and that the five revolted Ships are willing to submit upon an Act of Indempnity which the General hath promised them That Sir Thomas Feyton was taken Prisoner at S. Edmonds Bury the Lord Goring Sir Charles Lucas and the Lord Capell coming to them increased in numbers in Essex whereupon the Lord General Fairfax advanced to Gravesend intending to pass over his Men there into Essex 12. Order upon Letters from the Governor of New-Castle for fifteen hundred Pounds for that garrison and that no free Quarter should be taken but only of such as refuse to pay their Assessements and Letters thereof to be written to the Commitees Order for those Gentlemen who formerly attended the Duke of York to attend the Duke of Gloucester and four more added to them and two thousand five hundred Pounds per annum for maintenance of his Family Letters from Colonel Sir Hardresse Waller of his disarming some in Exeter Major General Lambert advanced to Langdale who retreated expecting Assistance from Scotland A Souldier of Hemsley Castle was offered a hundred Pounds in hand and five hundred Pounds more and to be knighted if he would betray the Castle to the Kings Forces but he discovored the Plot and the Agents were apprehended Pontefract Castle was besieged by eight hundred Horse and Foot but at a distance the Kings party there being two hundred and fifty Horse and four hundred Foot The Committee of Lancashire ordered four Regiments of Foot and two of Horse to joyn with Major General Lambert laid an Assessement of three thousand Pounds to advance them and kept a day of Fast to pray to God for his blessing upon them 13. The House approved of the Articles of Canterbury and what the General had done in reducing of Kent A day of thanksgiving appointed for the good success in Kent and a Narrative thereof to be read in Churches Orders touching compositions of Delinquents A Report made of a Design to surprise Nottingham Castle but the Governor Captain Poutton surprised and took Prisoners the Complotters Letters from the Head quarters that Ireton Rich and Hewson's Regiments had reduced Canterbury wherein were three thousand Armes good Horse and twenty four Colours and the other Castles The General sent by Letter an offer of Imdempnity to some revolted Ships at Deale but a Boson told the Trumpeter that brought the Letter that they did not owe the Parliament so much service as to write answer to any that came from them and so the Ships set Sail and went away That the General put over his Forces with much trouble at Gravesend into Essex where Colonel Whaley and Sir Thomas Honywood with two thousand Horse and Foot of the Country joyned with him who kept many from going to the King's Party Among others fourscore Horse out of London most or all Gentlemen intending to be as a Guard to the Prince of Wales when he came in their March met with some of Whaley's Horse many of them killed and taken the rest dispersed among them were four Brothers three of whom were killed or mortally Wounded and the Country-men took many Prisoners That Goring marcheth about four thousand whereof six hundred Horse and about two thousand five hundred are well armed that he touched at Lee's and took horses guns and Arms of the Earl of Warwick's and marched from thence toward Colchester That many of Essex came in to the General who wrote to Suffolk to pull up Bridges and cut down Trees in the way to hinder the March of the Enemy Whitelock reported to the House the appointment of the Judges for the next summer Circuit 14. Order for the tryal of Sir John Owen and the rest of the chief Actors in his business An Ordinance past for forty two thousand pounds for arrears of disbanded Officers and Soldiers Order renewed that such as shall take up Arms without the authority of Parliament shall dye without mercy A Letter ordered to the States of Holland for apprehending three revolted Ships gone for Holland and an order for payment of part of their arrears to others of the revolted Ships that were come in again upon the Act of Indemnity A Committee appointed to draw up a Declaration touching the business of Kent 15. Ordered That the Committee of Goldsmiths Hall do Print all their Receipts for Compositions and how the Moneys have been disbursed that the aspersion upon the Parliament may be cleared of their receiving many millions by compositions for which they could give no account And that the Order should be printed that none shall pay their fifth and twentieth part but Delinquents An additional Ordinance committed for putting Papists and Delinquents out of the Lines of Communication An ordinance transmitted to the Lords for putting the County of Radnor into a posture of defence A Committee appointed to take order for twenty persons of the Kings party to be apprehended and sent down to the General to be kept in like harsh usage as Sir Willian Masham and others sent down by the Parliament are kept in by the Lord Goring until they be exchanged Orders concerning Saltpeter 16. Ordinance past for putting Papists and Delinquents out of the Lines of Communication and twenty Miles from London and four days time given them to depart the Town and that Delinquents who have not presented their compositions and sequestred Ministers shall be taken to be within this Ordinance An affront to Sr. Henry Mildmay by a Foot-man of the D. referred to a Committee to be examined Letters from Colchester That the great ones had a purpose to escape had shipped their Goods but were prevented by the Parliaments Horse and Dragoons who took in Marsey Island and Fort by which they intended to escape and by land their body cannot stir That many of the Townsmen came away to the General whose Soldiers are inraged against those of Colchester for the loss of their Commanders That the General hath five hundred Prisoners most of them taken from the gates of the City that Sir William Masham and the rest of the Committee are detained Prisoners by Goring That the Enemy buryed sixty of their slain men in one Church-yard
a competent Force to secure Cattaway Bridge and other Bridges behind them 26. Both Houses agreed upon a Committee to consider of the manner and place of Treaty with his Majesty for settling the Peace of the Kingdom Vote that the Election of M r Mildmay was void and Sir John Clotworthy to be readmitted a Member of the House A note was sent to D r Burges in his Pulpit desiring him to give thanks to God for preserving his Majesty from Poysoning and to pray for the Forces under the Earl of Norwich the Lord Capel and Sir Marmaduke Langdale Order that the Militia of London do send for the Parties whose names were subscribed to this note and that Bishop Wren and M r Capel the Lord Capel's Son be added to those who are to be sent Prisoners to his Excellency and to be exchanged for or used as the Committee of Essex in restraint with the Lord Goring are Northern Letters that Major General Lambert hath retaken Appleby Castle and Greystock Castle and some Arms and Ammunition that the Lancashire Forces one Regiment of good Horse and two Regiments of Foot are joyned with him that they advanced eight thousand Horse and Foot against Langdale who retreated to Carlisle and avoided fighting but sent eight Troops of Horse whereof two were Gentlemen excellently Mounted towards Berwick and their Motions were attended by Colonel George Fenwick and M r Sanderson That the Scots are daily expected by Langdale but many of the contrary Party both Scots and English fly into England and affirm that the Prince is expected in Scotland that great violence is used towards all that will not adhere to the new War Some Ministers executed more imprisoned all to be secured and their goods confiscated who oppose this War that there are great distractions and feuds among them A Petition from the Inhabitants of Colchester and a Letter from the Lord Goring in their behalf was brought to the General that Liberty might be granted to the Bay and Say makers in that Town to have a free trade with London during the Siege The General answered that they should have considered this and divers other inconveniences of War before they had admitted the Forces now in their Town He recites the former subduing of the Parliaments Enemies and the quiet and free trade thereby enjoyed by that Town and all the Kingdom till this new War That the present interruption of their trade is brought upon them not by his default but by those whom the Town hath harboured and the Townsmen and that to grant liberty of trade to persons besieged so much advantage to them and prejudice to the besiegers is such a motion as was never yet granted That their hopefullest way to a free trade will be to attend to a restitution of the Town and County to the condition they were in before these Forces were among them and as in order thereto he offer'd fair conditions in a Letter to the Lord Goring Lord Capell and Sir Charles Lucas though perhaps concealed from the Town though they be rejected by them yet that he shall be ready to make good the same to all that shall timely imbrace them except those three persons themselves That in the mean time there are with him sundry Gentlemen of Quality and Towns-men of good estates and eminent in trade who offer to buy all the Bayes and Sayes in the Town at the usual prices and to pay for them within a fortnight after the Town shall be rendred or quitted to him And that though it be without example to a besieged Town yet he will give leave for their commodities to be brought to a heath near the Town to be bargained or returned back as there shall be occasion A Trumpet came from the Lord Capell to desire the General that an agent of the Bay and Say-makers of the Town might come and treat with his Excellency about their free trade The Lord Capell's Trumpeter and Colonel Paptons Trumpeter and divers Souldiers came from the Enemy to the General according to his Proclamation The Lord Goring to keep up the spirits of his Party when they asked what the Generals Trumpet came so often about to them he answered that it was for a treaty and that the General offered fifty thousand Pounds to the Lord Goring to permit him quietly to draw off with his Army 27. A Petition from the Lord Major Aldermen and Common Council of London to both Houses of Parliament That a personal Treaty may be had between his Majesty and both Houses of Parliament in London or some other convenient place to which Treaty our Brethren of Scotland may be invited that so according to our Allegiance and the Covenant his Majestys Royal person honour and Estate may be preserved the power and priviledge of Parliament maintained the just rights and Liberties of the subject restored Religion and Church Government in purity established all differences composed and a firm and lasting Peace concluded The Lords gave the Petitioners thanks for the continuance of their good affections and inclinations to Peace The House of Commons related to them what they had done and the Committee they had appointed in order to settlement of the Peace of the Kingdom and gave them thanks for their good affections Additional ordinances passed for the Militia's of Westminster and for York Some of the Forces in Colchester were drawn out into the Orchards and Closes under their Works the Parliaments Foot went presently into the Field beat the Enemy into their guards and made those run that kept the Guard took their hour-Glass set their guard House on Fire killed two and brought one Cook of Greenwich away Prisoner The Enemy quitted Sir Harbottle Grimston's House and retreated to the Lord Bannings House The Tower Regiment marched over the new Bridge and intrenched themselves about the Northgate Colonel Whaley with some Horse fired the Enemies wind-mills 28. The monthly fast day Letters from Colchester Leaguer that the Suffolk Forces fell upon the Enemy killed two and took twenty Prisoners whereof eight Kentish men and two London Apprentices who had chewed bullets rowled in sand in their pockets contrary to the Law of Armes that Colonel Needham was â—lain with such a shot That the same day thirty of the Parliaments Horse fell upon two Troops of the Enemy killed two and Wounded many that the Enemy suspecting a battery sallyed out in the night with a hundred Horse in a full cariere thinking to surprise some of the besiegers but failing they advanced in a swift march to the Horse guards came within the Centries and charged pistols That the main guard beat them back to the hedges which they had lined with Musquetiers but little hurt was done on either side Intelligence came that the Enemy from Pontfract had possessed themselves of Axcombe Island near Trent 29. A Petition from the younger Brothers of Trinity House another from the Commanders Masters and
difficulties they had undergone in subduing their enemies and received little pay though Taxes were generally paid desiring that the Army may be divided into the Counties proportionable to the Tax they pay and that their Arrears may be thought of The House after a long debate Voted That the desires of the Souldiery be forthwith satisfied and that speedy care be taken for setling of their Arrears Several other Petitions were presented to the General from the Officers and Souldiers of the Army one from Commissary General Iretons Regiment was to this effect That there may be a strict Scrutiny for discovery of the contrivers or incouragers of the late rebellion and second War and Justice done upon them 2. And upon all criminal Persons especially obstructers of justice and such as have betrayed their trust or been Authors of shedding the innocent blood 3. That the same fault may have the same punishment in the person of King or Lord as in the Person of the poorest Commoner 4. That all may be proceeded against as Traitours who act or speak in the Kings behalf till he shall be acquitted of the guilt of shedding innocent blood 5. For their pay and for proceedings against those that withhold it and for their Arrears 6. That the intolerable oppression of free Quarter may be immediately taken off And about the establishment of their pay in the Counties 7. They declare that they shall constantly endeavour to defend Magistracy and property with their Lives and Fortunes This was a subtle Petition and the beginning of the design against the Kings Person but not discerned till afterwards An Ordinance past for maintaining a Troop of Horse in Surry out of the Sequestrations of that Country Orders for bringing in the Arrears of the Assessment for the Army Sir Charels Kemish was committed Letters from the Commissioners of the Treaty with Papers of their Transactions Order for disbanding the supernumerary Forces in Lancashire The Lords House past all the Judges and Sergeants except Sergeant Wilde to be Chief Baron and Sergeant Rolle to be Chief Justice of the Kings Bench. They also advised as to the Voting of Sir Thomas Widdrington and Whitelock to be the Kings Sergeants and Whitelock's being Attorney of the Dutchy which was upon Whitelock's desire 19. The Papers from the Isle of Wight were touching Delinquents His Majesty consented that all who have any hand in plotting designing or assisting the Rebellion in Ireland shall expect no Pardon That all other Delinquents in the first Branch of that Proposition may moderately compound for their Estates that such of them as the two Houses will insist on shall not be admitted to his Council and shall be restrained from coming to the Court at such distance as the Houses shall think fit and shall not have any Office of imployment in the Commonwealth without consent of both Houses or shall absent themselves for some time out of the Kingdom That all other Delinquents shall submit to a moderate composition and for three years not to serve as Members or Assistants in either House without the consent of both Houses of Parliament His Majesties propositions which the Commissioners of the Parliament were not authorized to receive were 1. That he might be put into a condition of freedom Honour and safety 2. To be restored to his Lands and Revenues 3. That he may have composition for the Court of Wards and such of his Revenues as he shall part with 4. That there may be an Act of Oblivion and Indemnity M r Vines gave in a paper in answer to his Majesties to satisfy his Conscience touching Bishops Upon these and other papers from their Commissioners they had a very long and quick debate Vote that the Lords days and Fast-days during the time of this Treaty shall be accounted no part of the twenty days allowed for it By which a weeks time longer was gained for the Treaty The House resolved into a Grand Committee to debate the Ordinance for payment of the reduced Officers The Lords concurrence desired to an Ordinance for payment of four thousand eight hundred pounds to Mr. Pecke in respect of his losses 20. The Merchant Adventurers Company had the thanks of the House for ingaging for ten thousand pound for the service of the Navy Letters from Sir Henry Cholmely complaining that the General had given Commission to Colonel Rainsborough to command in chief the Forces before Pontefract Castle whereas he had a Commission before from the Committee of the Militia of Yorkshire to be Commander in chief of them and that the disparagement was great to him and desires an Order in it The House referred the Letter and the whole business to the General to settle it and to preserve the honour of Sir Henry Cholmely and to take care that the business be carried on against the enemy One hundred pounds bestowed upon Captain Wolfe and twenty pound upon Mr. Noble who brought the news of the surrender of Carlisle Debate about an Ordinance for Doctor Bastwick and about the last Message from the King 21. Debate touching means wholly to take off Free-quarter and Ordered that the Members be imployed to use their best endeavours to bring in the arrears of the Assessments as a means to take off Free-quarter and some were sent down to the General to confer and advise with him how the Forces may be reduced to the Establishment and paid and to advise with such Officers as the General shall appoint about these matters Colonel King of Lincolnshire sent for to answer before the Committee of the Army to a Charge against him touching the Army The Commissioners of the Seal met with the Judges to confer together about the business of the new Sergeants for sending forth the Writs to them and other matters for ordering of that business 23. Vote to disband all the supernumerary Forces in the several Counties and the Committees to pay them their Arrears and the General Ordered to slight Bridgwater Bath and Dunstar or to man them Sir Peter Killigrew brought a Message from the Isle of Wight of his Majesties further Concessions touching Episcopacy 1. He consented to the abolishing of Archbishops Chancellors Deans and Chapters c. and the whole Hierarchy save Bishops 2. To confirm the form of Church Government for three years and no other to be used and the exercise of Episcopal Government to be wholly suspended during that time 3. That none shall be exercised after that time other than Ordination restrained to the Council and assistance of Presbyters but such and in such manner as shall be agreed by his Majesty and his two Houses whereby until such agreement or if it be not otherwise agreed Episcopal jurisdiction is wholly laid aside His Majesty also consented to the Nomination of great Officers to be by both Houses for ten years 2. To the proposition concerning the City of London as is desired 3. To that concerning the Great Seal as is
Wilde are a person thus qualified and very well deserving from the Common-wealth they have thought fit to place you in one of the highest Seats of Judicature and have Ordained you to be Lord Chief Baron of this Court The freedom of this choice without seeking or other means for promotion this publick consent for your preferment cannot but bring much satisfaction to your own conscience and encouragement to your endeavours against all burdens and difficulties which attend so great and weighty and Imployment Custom and the due Solemnity of this work and the honour of that Authority by which we meet requires something to be said upon this occasion and the Commands of my Lords have cast it upon me for which reasons though I acknowledge my unfitness to speak upon this subject yet I presume upon a fair and favourable interpretation I shall borrow a little part of your time in speaking of the antiquity of this Court and of your Office in it and of the dignity and duty of your place For the Antiquity of this Court my Lord Coke in his Fifth Report and 9 Edward 4. fol. 53. and other Books affirm that the four Courts in Westminster-Hall are of great antiquity and that no man can tell which of them is most antient But if you Credit Lambert in his Archeion fol. 28. this Court was erected here by William the Conqueror after the pattern of his Exchequer in Normandy and for proof hereof he cites Gervasius Tilburicusis but under correction I find in this Author a doubt made by himself whether this Court were not in the time of the English Kings and if so it was before W. 1. time Lambert saith in the same place that this Court is of great Antiquity and the orders and customs of it not to be disobeyed Gervase of Tilbury asserts the great Antiquity and Customs of it and if you reckon the antiquity and customs as we must from the time of his Book which was dedicated to Henry the Second and the Author ackowledgeth that he had conference with the Bishop of Winchester who was son to the Conqueror's sister this Court must be before the Conquest or it will hardly deserve the words great antiquity and Customs when Gervase of Tilbury did write being so near the Conquest Lambert who citeth him also observes that the Exchequer in Normandy was the Soveraign Court for administration of Justice and that it differeth not a little from the Exchequer here the less reason under his favour to have been a pattern for it I find in rot Normanniae 2 Johan a Writ Baronibus de Scaccario in Normannia and the word Baron being Saxon not likely to be brought out of France hither and in France this kind of Court in all the Parliaments is called La Chambre des finances as may be seen in Pasquier recherches and Haillan and so it is called in Normandy at this day the alteration being made there by Lewis the 12. and if we credit him that derives the word Scaccarium from the Saxon words Schats for treasure and Zecherie an Office the word is more likely to be fetched out of England into Normandy than the contrary My Lord Coke in his preface to the Third Report citeth Will. de Rovill his Comment upon the Grand Customier of Normandy and it is in the beginning of it that those Customs were taken out of the Laws of England about the time of Edward the Confessor who he saith was harum legum lator And with this agree Seldens Duello fol. 22. Cambden the Book de antiquis Britanniae legibus and others who also hold that before the Conquest we had Escheats tenures reliefes and Sheriffs in England the principal business of this Court The Register the antient Book of our Law hath divers Writs that were in use before the time of W. 1. and many of the most antient of them are directed The saurario Baronibus de Scaccario and the Mirror of Justices which my Lord Coke saith in his preface to the Tenth Report was for the most part written before the Conquest speaks of this Court and of the deux Chivalier qui solient estre appellez Barons in this Book and in the Register and in the black Book here where there is mention of the Exchequer is also mention of the Barons the principal Judges of the Court. But with this matter I have troubled you too long what hath been said upon it was to clear a mistake touching the Antiquity of this Court and for the honour of our Law and of this Court and of your Office in it being so antient as can scarce be parallell'd in any other Nation With the Antiquity of your Office there hath always gone along great dignity and honour Sir Roger Owen in his manuscript discourseth plentifully on this subject and cites Prudentius who calleth Judges the great lights of the Sphere and Symmachus who stiles them the better part of mankind Indeed in all Nations and times great reverence and respect hath been deservedly given to them we find the Judges often named Lords and Barons in our Books of Law and Records as 14 Henry 4. fol. 6. recites that it was determined for Law in temps Monseigneur Robert Thorpe and in the Stat. 21. R. 2. cap. 12. mention is of my Lord Wi. Rickel who was a puisne Judge of the Common-Pleas the like is in many other places of our Year-Books and Records When magna Charta was made it seems that the Barons of the Exchequer and the Kings Justices were held for sufficient Peers of Barons On this occasion we may observe amongst many others in the Lieger-Book of the Abbey of Peterburgh two notable Records of fines levyed the one 29 Henry 2. before divers Bishops and Ranulpho de Glanvill Justiciario domini Regis Richardo Thesaurar W. Maldunt Camerar and divers others coram aliis Baronibus ibi tum praesentibus And another 6 R. 1. before the Archbishop of Canterbury and other Bishops aliis Baronibus as Justices of the Common-Pleas Hoveden P. 702. noteth of the great Chancellor in R. 1. 's time who was Custos Regni in the Kings absence nihil operari voluit in regimine regni nisi per voluntatem consensum sociorum suorum assignatorum per consilium Baronum scaccarii In these and many the like places the word Baron cannot signifie that meaning wherein it was sometimes taken of the Saxon Idiom for a free-holder as Barones London the Freemen of London Barones quinque portuum the Freemen of the Cinque Ports and Court Baron the free-Suitors Court but it must be taken in the places before cited for the name of Dignity and Title in this Kingdom which hath been so antient and was and is of so great honour and esteem amongst us You see what Dignity and Honours and deservedly the custom of this Nation affords unto their Judges Aristotle in his Politicks tells us that the Magistrate is set above the People
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
aiding the King in his Wars and of an Act for making void all honours conferred on persons without the consent of both Houses And of an Act for the due observation of the Lords day Order for two great Cannons to be sent down to the Forces before Pontefract and Scarborough The House required an account concerning the taking off of the Sequestration of Sir John Winters Estate Order for addition of seven days more time for the Treaty at the Isle of Wight Letters from St. Albans that the General Officers of the Army upon their several meetings at the head quarters had agreed upon a Large Remonstrance to be presented to the Parliament The new Serjeants appeared at the Chancery Bar and Whitelock made the speech to them to this Effect M r Serjeant S t John and the rest of you Gentlemen who have received Writs to be Serjeants at Law IT hath pleased the Parliament in commanding these Writs to issue forth to manifest their constant resolutions to continue and maintain the old setled form of Government and Laws of the Kingdom and to provide for the supply of the high Courts of Justice with the usual number of Judges and to manifest their respects to our profession And likewise to bestow a particular mark of favour upon you as eminent Members of it the good affections to the publick and the abilities of most of you they know by experience among themselves and of the rest by good information I acknowledge that the burthen of this business lies heavy upon me in regard of my own weakness And the worthiness of the Persons to whom my words are directed but as I am of the least ability to give so you have the least need to receive Instructions I should be unwilling to see the solemnity of this general Call diminished and am the rather perswaded to supply my present duty for several respects 1. For the honour of that Authority which commands your attendance and my service upon this occasion 2. For the honour of this Court which challengeth a great share in this work your Writs issuing from hence your appearance here Recorded and your Oath is here to be taken 3. The honour and particular respects which I have of you that are called to this degree 4. And lastly out of my own affections to the degree being my self the Son of a Sergeant and having the honour to be one of your number in this Call and I do acknowledge that both in my descent and fortune I am a great debtor to the Law For these reasons I presume especially being with those from whom I have by long acquaintance found much friendship that I shall now receive a fair construction of what I speak upon this very great subject My observations shall be upon your Call by Writ and upon the Writ it self Your being called by Writ is a great argument of the antiquity of Sergeants The Register hath many Writs as my Lord Coke holds in his Preface to the 10. Rep. that were in use before the Conquest and in the most antient Manuscript Registers is your Writ of the same form with those by which you are called and if there had beeen any alteration within time of memory it would probably have been extant We find Sergeants at Law often mentioned in our Year-Books and in the Records in the Tower as high as the beginning of E. 1. and by Bracton who wrote in H. 3. time And it may probably be conjectured that William de Bussey was a Sergeant by his habit of the Coif and his Office Of whom Matthew Paris relates 42 H. 3. that he was Seneschallus Principalis Consiliarius Gulielmi de Valentia and being accused for great crimes upon his Tryal when he could not acquit himself Voluit ligamenta suae Coifae solvere ut palam monstraret tonsuram se habere clericalem and so to have avoided judgment but it would not serve his turn Thus far it is granted by a little Manuscript treatise which endeavours to detract from the honour of this degree and therefore requires an answer It asserts that by Magna Charta Communia placita non sequantur curiam nostram the Court of Common-Pleas was crected and that some of our profession by Writ then framed were commanded to attend that lower Court the Lawyers being generally unwilling to leave the Kings House where the other Courts of Justice then sate and to attend this new Court elsewhere It is reasonable well that they are allowed the antiquity of 9 H. 3. and by this as antient as the Common-Pleas Court but the errour that this Court was erected 9 H. 3. is sufficiently refuted The same great Charter is in Matthew Paris in King John's time with the words of Communia placita c. in it but I presume his meaning is that before the Statute of Magna Charta there was no Court of Common-Pleas though his words be before 9 H. 3. It is manifest by undeniable Authorities out of antient Manuscripts and Rolls and the black Book of Peterburgh that Cases were adjudged in R. 1. and H. 2. time coram Justitiariis in Banco residentibus and the names of those that were then Judges of this Court are set down many years before Magna Charta was granted which by Hoveden Paris and others are said to be the Laws of Edward the Confessor And if itbe admitted that Sergeants are as ancient as these Laws they allow them the Antiquity of the Confessor and if as ancient as this Court they are certainly as ancient as any thing in our Law But the Author of this Treatise affirmeth that before the Erection of the Court of Common-Pleas it cannot be shewed that there were any special Sergeant Pleaders I am of his opinion and likewise that no man can shew when that Court was first erected which is also the opinion of my Lord Coke 5. Rep. 9 Ed. 4. Sir Roger Owen Lambert and others Yet if the Author mean that before Magna Charta 9 H. 3. there were no such Sergeants he may be satisfied the contrary out of Hoveden and Paris who lived in R. 1. and H. 3. time and are Authors of good Credit They recite the Charge of the Justices in Eyer given in R. 1. and King John's time One of their Articles is to Enquire of the Sergeants at Law and Attorneys Fees In the Book of Entries in a Bill of Debt against a Sergeant at Law in the Common-Pleas he shows and prescribes that Sergeants could not be sued there by Bill but by Writ out of the Chancery and this being by Prescription shows that Sergeants were before the time of Rich. 1. And the Mirror of Justices which I presume they will not deny to be yet more ancient which my Lord Coke holds to be written before the Conquest saith a Countor est un Sergeant Sachant in la Ley de Realm to pronounce and defend Actions in Judgment From the Antiquity of the degree I come
he gave Commissions to Irish Rebels and since was the occasion of a second War and had done contrary to the Liberties of the subject and tending to the destruction of the fundamental Laws and liberties of this Kingdom This Ordinance was read the first time and ordered to be read again the second time to morrow Order for the accounts of Colonel Aldrich a Member of the House to be stated 29. Orders touching the securing of six thousand pound to the Commissioners of the Customs for the present use of the Navy An account to the House what monies were in arrear from Delinquents of their Compositions referred to a Committee The Ordinance for impeaching the King read the second time and committed Major Pitcher who was violent against the Parliament in the War and upon the Articles of the surrender of Worcester was taken in Arms and ingaged not to serve any more against the Parliament Yet afterwards was taken in Arms again against the Parliament at the surrender of Pembroke had quarter given upon mercy and was to go out of the Kingdom for two years and for not doing so and now taken he was by sentence of the Court Martial executed and shot to Death The Council of War sate at White-Hall and finished the agreement of the People and appointed a Committee to consider of a way for the Army to subscribe it A Woman out of Hartfordshire came to the Council of the Army and acquainted them that she had something from God to speak to them and being admitted she did much incourage them in their present proceedings A Petition from Jo. Lilburn and others expressing their dislike of some Articles of the agreement of the People 30. Petition of Mrs. Jennings against Mr. Jennings her Brother a Member of Parliament for refusing to pay her portion or account standing upon his priviledge of Parliament referred to a Committee Order for two thousand five hundred pounds for M r Smithby for Saddles and other Horse-Furniture Referred to the Committee for the Trial of the King to insert the names of Commissioners and to make a Special Provision in the Ordinance in case the King should refuse to plead to the Charge against him Debate whether the thanks of the House should be given to Mr. Watson one of the Ministers that preached before the House of Commons the last Fast-day and carried in the Negative because he did not acknowledge the Parliament Mr. Brookes the other Preacher had the thanks of the House and it was debated whether the Ordinance for Monthly Fasts should be repealed and Fast-days appointed only as there should be occasion but no result was made of it 31. Mr. Owen Preached two excellent Sermons And upon discourse concerning the present affairs of the Army he seemed much to favour them and spake in dislike of those Members who voluntarily absented themselves from the House having no particular force upon their persons All men were at a gaze what would be the issue of such proceedings some thought it best for them to be reserved as to their Opinion finding every where too many talkers and few with much judgment January 1648. 1. Report of the names of Commissioners for Trial of the King being some of the Lords and Commons Officers of the Army Aldermen and Commanders in London with some Gentle-men from the Counties all being one hundred and fifty Persons and twenty of them of the Quorum to try the King and to give Sentence against him A months time was given by the Ordinance to the Commissioners to determine this business This Vote was passed as a foundation for these proceedings That the Lords and Commons assembled in Parliament do declare and adjudge that by the fundamental Laws of this Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom of England Order touching Sequesting of Delinquents in South Wales A Letter from Elsing desiring the House by reason of his indisposition to appoint a Clerk to attend them Referred to a Committee to take an account from M r Elsing of the Books and Records of Parliament in his Hands and to receive them by Inventory and to present the names of fit persons to the House out of whom they may chuse an able Clerk to attend them Vote for M r Phelps to be Clerk assistant to the House and two hundred pound ordered for M r Darnell the present Clerk assistant A Committee named to consider of a way to prevent Anticipations of the publick Revenue The Souldiers in prosecution of an Ordinance of Parliament secured all the Players and brought them away Prisoners in the midst of their Acts as they were then habited in their Robes A Committee of the Army was appointed to consider of concealed Monies due to the State and another Committee of Officers of the Army and Citizens to consider of notorious Delinquents that are fit to be made examples of Justice and an unusual power was given to these Committees to examine witnesses upon Oath Letters from Scotland That at the late renewing of the Covenant the Lord Chancellour stood up in his Pew made publick acknowledgment of his late failings and self seeking and countenancing the last wicked ingagement which he did so orthodoxly and pathetically with many Tears and praying the people to pray for him that there was much weeping among them Letters fom Pontefract Leaguer that many of the Garrison came into them that if the supernumeraries may be sent for Ireland and Old Noll or any person of Honour command them that he cannot want men Letters of advice that all well affected men in the Kingdom might associate and be in Armes lest the Presbyterians who preach for their God viz. The Tenth of every mans Estates and for Forms do joyn with their Brother Malignants to raise new troubles 2. A high Sheriff named for Durham Upon a Letter from Colonel Whitchcot Governour of Windsor Castle Order for twenty pounds per diem for the charge of his Majesties Table and for Fire and Candle for the Souldiery and Voted that Colonel Whitchcot shall have the same power for displacing disaffected attendants about his Majesty as Colonel Hammond had in the Isle of Wight The Ordinance for Tryal of the King was carried up to the Lords of whom sixteen then sate they stuck much upon the Declaratory Vote That it was Treason in the King to levy War against the Parliament they agreed to send an answer by Messengers of their own and adjourned their House for ten days Letters from Windsor that the King was chearful and took no notice of any proceedings against him as to his Tryal and saith he doubts not but within six Months to see peace in England and in case of not restoring to be righted from Ireland Denmark and other places Letters from France that the Parliament there published an Edict against Cardinal Mazarine who escaped
them and That the Prince of Conde came with Force before Paris and stopt provisions 3. The List of the Officers of the Fleet referred to the Committee of the Navy To report who they think fit to go out with this Winter guard and who not Ordered that Captain Moulton be preferred in the Navy answerable to his Merit and the like for Colonel Lidcote The Commons taking notice that the Lords had rejected their Ordinance for Tryal of the King and had Adjourned their House they sent some of their Members to examine the Lords Journal-Book and they reported to the Commons three Votes passed by the Lords 1. To send answer by Messengers of their own 2. That their Lordships did not concur to the Declaration 3. That they had rejected the Ordinance for Tryal of the King Hereupon the Commons Voted That all their Members and others appointed to act in any Ordinance wherein the Lords are joyned with them shall be impowered and injoyned to sit act and execute in the said several Committees of themselves notwithstanding the House of Peers joyn not with them Order that the Ordinance for Tryal of the King and the Declaration from which the Lords dissented and which were intended for both Houses shall now be by the Commons only and that the former Committee do sit presently and report the alteration in the Afternoon during which time the House Adjourned In the Afternoon the Committee made their report and the Ordinance was re-committed and to be reported again to morrow the Lords names to be left out and the three Judges and Sergeant Bradshaw Sergeant Nicholas and Mr. Steel to be Assistants The Speaker acquainted the House with a Letter he had received by the French Ambassador from the Queen but the House would not have it read A Letter was sent from the General to the Committees of several Counties for Levying the Arrears of the Assessment for the Army and that he would take off free-quarter from those who paid their proportions 4. Report of amendments to the Ordinance for Tryal of the King and in respect the Lords had rejected it the Commons turned themselves into a Grand Committee to consider of the power of the Commons in Parliament and the Committee Voted 1. That the people under God are the Original of all just power 2. That the Commons of England assembled in Parliament being chosen by and representing the people have the Supream Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons in Parliament hath the force of Law and all the people of this Nation are included thereby although the consent and concurrence of the King and House of Peers be not had thereunto These being reported to the House were upon the question all passed without a negative Voice to any of them An Ordinance intitled for Tryal of Charles Stuart by a Court Martial was assented to and ordered to be Ingrossed and brought in to Morrow Order that the Clerk do not give out any Copy of the Ordinance for Tryial of the King to any Member of the House or to any other 5. Order to require the Lord Mayor of London to suspend the taking of the usual Oaths and to proceed to perfect the elections of Common-Council Men. Upon information that divers Prisoners of War had escaped out of Peter-house through neglect of the Keeper referred to a Committee to examine and report it And to consider of a Prison to be given to the Sergeant at Arms attending the House Order to desire the General to command his Marshal General of the Army to put in execution the Ordinance concerning Scandalous and un-licensed Pamphlets Order for a large Book of Velom to be made and all the Acts Ordinances and Records which lie abroad in Papers and have been neglected be there entred The Committee for Concealed Monies sate in Whitehall and rewards were allowed to the discoverers 6. The Ordinance for Tryal of the King was brought in ingrossed and passed A Letter from the Commissioners of Scotland resident here pressing for unity of Councils and Actions according to the Covenant betwixt the two Kingdoms and that the House would not proceed to Try or Execute the King till the advice of that Nation be had thereunto Debate concerning the proceedings of Law the issuing of Writs and the like in what name they should be the King and the Lords not acting The Common Council agreed upon an Order to be published to morrow in all Churches for speedy payment of nineteen thousand pound of the arrears of the Assessment for the Army to prevent the whole Armies coming into the City and to be quartered upon those who have not paid their Arrears 8. Letters from Ireland that Sir Charles Coot marched with his Forces of Connaght from Sligo seventy miles into the Rebels Country and after a little conflict with the Rebels some of them were killed and his party burned great store of their Corn preyed upon the Country and brought away one thousand of their Cows without loss That at his return he apprehended Sir Robert Stuart and hath sent him into England with a Charge against him that since this he hath possessed himself of Kilmore and fourteen Guns which Sir Robert Stuart endeavoured to block up by Sea and Land and hindered the provisions sent by the Parliament from being brought to their Forces The House referred it to the General and Councel of War to try Sir Robert Stuart and to take care for the Forces of Sir Charles Coot in Ireland whose actions they approved and Ordered a Letter of thanks to him Referred to the General and Council of War to secure Holy Island Order for the Northern Counties to have the Sequestrations of Delinquents there for disbanding their Forces The Commissioners for Tryal of the King sate in the Painted Chamber at Westminster and Ordered that to morrow a Herald should proclaim and invite the people to bring in what matter of fact they had against Charles Stuart King of England and appointed to sit the next day upon his Tryal 9. Widdrington and Whitelock by agreement went into the House this Morning the Tryal of the King being begun some looked very shy upon them others bid them welcome and seemed glad to see them there About ten of the Lords sate and passed several Ordinances which they sent to the Commons who laid them all aside The Lords had debate upon their last Votes about the Tryal of the King And that some thing should be published to satisfy upon what grounds they rejected the Commission for his Tryal but they resolved nothing Sergeant Dendy who attended the Commissioners for Tryal of the King according to their Order rode into Westminster-Hall with the Mace on his shoulder and some Officers attending him bare and six Trumpets on Horse back and Guards of Horse and Foot in the Palace-yard The Trumpets sounded in the middle of the
Hall and the Drums beat in the Palace-yard after which Proclamation was made to give notice that the Commissioners for Tryal of the King were to sit again to morrow and that all those who had any thing to say against the King might then be heard The House of Commons then sitting Ordered Sergeant Dendy to make the like Proclamation at the Old Exchange and in Cheapside London which was done accordingly Vote that the name of any one particular person should not be inserted as the style of any Common Writ or otherwise for the time to come and referred it to the Committee for setling proceedings in Courts of Justice to consider how the style should be Votes that the present Great Seal shall be broken and a new one forthwith made and in the mean time all proceedings under the present Great Seal to be good till the new one be confirmed That the Armes of England and of Ireland shall be engraven on one side of the new Great Seal with this inscription The Great Seal of England That on the other side of the Seal shall be the Sculpture or Map of the House of Commons sitting with these words engraven on that side In the first year of freedom by Gods blessing restored 1648. This was for the most part the fancy of Mr. Henry Martin a noted Member of the House of Commons more particularly the inscriptions Order for pay of Colonel Whites Regiment The General set forth a proclamation reciting the flocking of Malignants to London as there was ground to believe to raise new troubles and the Order of Parliament impowering him to expel them the City and ten miles distant therefrom which accordingly he enjoyns by this proclamation and that the Delinquents depart within four and twenty hours A Petition to the General and his Council from the Officers and Souldiers in the Isle of Wight c. mentioning the late delusive Treaty with the King and danger of new troubles they declare their conjunction with the Army in their desires in the large Remonstrance and in their present proceedings which they desire may be prosecuted c. The Proclamation was made by Sergeant Dendy whilst the Courts of Justice sate in Westminster-Hall to the no small interruption of them About Eleven a Clock the House of Commons sent for the Mace out of Chancery Sergeant Dendy having that of the House thereupon the Commissioners rose and went home 10. Order for the Sergeant at Armes to take Mr. Pryn into custody for denying their authority The Commissioners for Tryal of the King met and chose Sergeant Bradshaw for their President Mr. Steel to be Attorney General Mr. Coke Sollicitor General and they with Dr. Dorislaus and Mr. Aske to draw up and manage the Charge against the King Mr. Waller moved for a Habeas Corpus for Mr. Pryn a Member of the House lately apprehended as is before mentioned This being a matter of Priviledge of Parliament and Mr. Pryn being committed by order of the Commons the Commissioners thought it fit to advise with that House before they granted the Habeas Corpus The rest of the Commissioners of the Seal desired Whitelock to go presently into the House to know their pleasure in this business which he did and the House not being sate he conferred with the Speaker and divers of the Members about it and told them that by the Law a Habeas Corpus could not be denyed They commended the Commissioners respect to the House and agreed that a Habeas Corpus could not be denyed So Whitelock returned to the Court and they thought fit to grant the Habeas Corpus In the evening one of the Sergeants men brought Whitelock an Order of the House requiring Sir Thomas Widdrington and him by name to attend the Committee to morrow about setling the course of Justice 11. Debate touching the Navy Report of the Sergeants men who served Mr. Pryn with the Warrant of the House to take him into custody that Mr. Pryn answered him that as he was coming to the House to perform his duty there for the County for which he was elected he was apprehended by Sir Hardress Waller and Colonel Pride and secured as a Prisoner ever since that being not discharged of the said imprisonment he could not submit to that order which the Sergeants man had for any other restraint to be laid upon him and therefore he refused to obey the same The House Ordered the answer to be read of the General Council of the Army concerning the Secluded and secured Members the substance whereof they approved and appointed a Committee to consider what was fit further to be done thereupon and set a day to consider of the particular case of Mr. Pryn. A visit to the Lord Chief Justice Rolles a wise and Learned man He seemed much to scruple the casting off of the Lords House and was troubled at it Yet he greatly incouraged to attend the House of Commons notwithstanding the present Force upon them which could not dispense with their attendance and performance of their duty who had no Force upon them in particular The Committee for proceedings in Courts of Justice had a great debate what style shall be used in Commissions and Writs instead of the wonted style Carolus Dei gratia c. 12. Petition of the Trustees and others for the Sale of Bishops-lands that that business might he confirmed by Patent under the Great Seal of England Order for the Sollicitor General to draw up a Patent to pass the Seal accordingly The Commissioners for Tryal of the King being to sit in the Afternoon the House adjourned the earlier 13. Ordinances past for regulating the affairs of the Navy Reference to the Committee of the Navy to conferr with the Lord Admiral about sending some Ships to Goree in Holland and North-ward and if he were not in Town that then the Committee should do it of themselves and all Officers and Mariners were required to obey their Orders Order for Sir George Ascue to be desired to go with Captain Moulton in this expedition and several other Orders made concerning the Fleet. Two Petitions from the Inhabitants of Devon and Exon Gentlemen and Ministers c. desiring Justice upon the principal causers of the first and second War and a firm Peace The General Council of Officers concluded upon the agreement of the People and added some Trustees to the Lord Grey Sir Jo. Danvers c. for making the divisions for elections in the several Counties The High Court of Justice sate for Tryal of the King their whole time was spent about setling the Court and calling over their Members and to summon those who being named Commissioners did not appear amongst whom Colonel Rowland Wilson a person of great worth and integrity refused to act as a Commissioner though named in this business or to sit with them They agreed that
the place for Tryal of the King should be Westminster-Hall and that in order thereunto the King should be brought from Windsor to London The Commissioners of the Seals heard some Cause in the Queens Court some told 'em for News that new Commissioners of the Great Seal were to be appointed Sergeant Bradshaw Sergeant Thorpe Sergeant Nicholas this was supposed to be discourse only as some would have it 14. The Lords day in the Evening a visit to Mr. Speaker who seemed much unsatisfied with the proceedings of the Army especially with an apprehension that they design to put him out of his place and to claim all by conquest The times were indeed full of dread and danger and of trouble and change which caused many a perplexed thought in sober men who yet put their trust in God and resolved to depend on him and to go on in the way wherein he had set them whilst they were permitted 15. The Declaration passed for revoking the former vote for taking off that of non-addresses to the King and for justifying the present proceedings of Parliament Order for one thousand pound for defraying incident charges for Tryal of the King A Petition from the Common Council of London desiring the House to proceed in the execution of justice against all Capital actors in the War against the Parliament from the highest to the lowest That the Militia Navy and places of power may be in faithful hands for recovery and increase of trade and to endeavour the setling of the Votes that the supreme power is in them upon foundations of righteousness and peace and that they resolve to stand by them They also presented a Narrative of the carriage of the Lord Mayor and some Aldermen denying to concurr with them in this Petition and departing the Court The House approved what the Common Councel had done and gave them thanks and appointed a Committee to consider of their desires The High Court of Justice sate and heard the Charge against the King and appointed a Committee to peruse it and the proofs of the matters of fact and Ordered to move the Parliament to adjourn the Term for fourteen daies in respect to this Tryal A Declaration read at the Council of the Army of the grounds of their present proceedings justifying them and making apologies for themselves that they seek no particular advantage by the agreement of the people by which they have discharged their consciences and their duty to their native Country in their utmost endeavours for a settlement unto a just and publick interest Letters from France of great troubles there and Forces raised by the Queen Regent the Cardinal Mazarine and their Party and Parisiens the Parliament and the Prince of Conde and other grandees of that Party 16. An Act passed for adjourning the Term for fourteen daies Another Act passed for regulating the Clerks Fees of the Navy and Customs and discharging unnecessary ones Now the Commons stil'd what were before Ordinances at this time Acts of Parliament Papers from Scotland not acknowledging the House of Commons a Parliament laid aside and not read Private Letters from Scotland that the Parliament there nemine contradicente did dissent from the proceedings of the Parliament of England 1. In the toleration of Religion in Order to the Covenant 2. In the Tryal of the King 3. In alteration of the form of Government Letters from Pontefract that the Enemy keeps up in hope of relief that Major General Lambert was very active in disbanding the Militia Forces The Commissioners of the Seals heard Demurrers in the Queens Court work men being in Westminster-Hall to make the Chancery and Kings Bench into one Court taking down part of either Court and making Scaffolds 17. Referred to the Committee of Derby House to bring in a list of names of some to be sent Commissioners to the Parliament of Scotland now sitting and to keep a fair correspondence between the two Kingdoms Order for Mr. Kiffin and Mr. Knolles upon the Petition of Ipswich-men to go thither to preach A Petition with large subscriptions from the Isle of Wight Portsmouth Southampton c. representing their grievances and remedies A Committee appointed to consider of this and all other Petitions of this nature and to begin with those of most concernment to the present settlement The High Court of Justice sate and caused the Charge against the King to be abbreviated they Ordered a Sword and Mace to be carried before them The Commissioners of the Seal heard some causes in the Queens Court and an Act of the House of Commons being brought to them for adjourning the Term they were required to issue forth Writs for that purpose They rose and advised together about it the two Lords Commissioners with them refused to joyn in signing a Warrant for those Writs because the Lords House did not concur in this Act. Sir Thomas Widdrington and Whitelock thought fit to acquaint the House herewith and there some moved to send up to the Lords for their concurrence but most of the House opposed it as a waving of their own authority having already without the Lords past an Act for it and so it was laid aside Sir Thomas Widdrington and Whitelock sate in the House till four a Clock and went then to the Earl of Kent and the Lord Grey to acquaint them with what the House had done in this business and advised them to move the Lords House in it themselves which the Earl of Kent did stick at Then Sir Tho. Widdrington and Whitelock went to some of the Judges and advised with them whether the Term might not be adjourned without any Writ and they seemed to be of Opinion that it could not 18. Major General Massey one of the secluded Members made his escape from St. James's where he was Prisoner The Lords sent down an Ordinance which they had past to the House of Commons for their concurrence and it was the same in effect for adjourment of the Term which the Commons had past before But the Commons having before voted That they were the supreme power and that all Committees which before were of Lords and Commons might after that Vote Act though the Lords joyn not they would not own the Lords as formerly by agreeing to this Ordinance Whitelock was in the House at this Debate and excused the two Commoners Commissioners of the Great Seal for their scruple in this business withal expressing their readiness to observe and obey the commands of the House of Commons 19. An Ordinance long debated and at last committed touching Delinquents paying in the remainders of their compositions or else to be sequestred again The place of Lieutenant of the Ordnance was formerly given to Sir Walter Earl now one of the secluded Members it was now snapt at by others and a motion made to give it to another Member but referred to a Committee The High
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
time it was answered That it was for Prisoners to prepare their proofs against the Tryal he having been in Prison so long he replied that during his six Months imprisonment he never sent about any private business but only to get Monies to maintain him and prayed the mercy of the Court that if they would spare him he might be useful and that he was sorry for what he had done He had two daies time longer given to him to prepare for his defence 14. Vote for thirty eight persons to be of the Council of State viz. Earl of Denbigh Mulgrave Pembroke Salisbury Lord Gray Fairfax General Grey of Groby Lord L'Isle Rolles St. John Wilde Bradshaw Cromwell Skippon Pickering Massam Haselrigg Harrington Vane jun. Danvers Armine Mildmay Constable Pennington Wilson Whitelock Martin Ludlow Stapeley Heveningham Wallop Hutchinson Bond Al. Popham Valentine Walton Scot Purefoy Jones Their powers were 1. To command and settle the Militia of England and Ireland 2. To set forth such a Navy as they should think fit 3. To appoint Magazines and Stores and to dispose them c. 4. To sit and execute the powers given them for a Year Instruction passed for altering Patents of Sheriffs and their Oath and a list of all the Justices of Peace brought into the House Major General Middleton who was upon his parole at Berwick brake his word and went to Scotland 15. An Act passed touching the accounts of Sheriffs Debate upon the Act for Sale of Deans and Chapters lands The High Court of Justice sate and the Earl of Cambridge moved the Court for further time and new Council in regard that those formerly assigned to him for Council refused to plead for him which was granted to him In the House were the Dutch Ambassadors in person to receive the answer to their Papers and addresses 16. Ceremonies upon the Dutch Ambassadors going away Some Sheriffs nominated Order for moneys for the Judges going their Circuits The High Court of Justice sate and the Lord Goring was brought to the Bar Mr. Coke Sollicitor General set forth the heâ—nousness of his Crimes at Colchester in Kent Essex c. He said he could not deny the matter of fact in much of them but should clear himself of some particulars Divers witnesses were produced vivâ voce who proved the Death of several of the Parliament Party before Colchester the shooting of poisoned bullets boyled in Copperas from the Town the cruel usage of the Prisoners in Colchester the Lord Gorings reviling them calling them Rebellious Rogues the burning of six hundred Houses at Colchester and many other particulars The Lord Goring by way of defence made a Narrative of his proceedings since his last coming into England acknowledged his receiving a Commission from the Prince and his giving Commissions to others That what he did was out of a good intention for Peace and accommodation That Treason not being in the intention he could not be guilty of it that he intended not to raise Forces against the Parliament he pleaded his Peerage and the Articles of Colchester by which quarter was given him To this the Council for the Common-wealth replyed that a mans Actions did best expound his intentions that the Lord Goring ' s Actions spake him guilty of Murder Treason c. that to his Peerage the power by which the Court sate was an answer That for the Articles of Colchester though he had at first waved them by pleading not guilty yet he should have as full a benefit of them as the Lord Capel who had largely pleaded for them Against Sir John Owen witnesses testifyed the Death of the high Sheriff of Caernarven and others Sir John alledged that what he did was to free himself from violence and plunder but it was proved that he was in the first War had the Articles of Conway upon which he was admitted to compound took the Covenant and Negative Oath and yet ingaged a second time The Earl of Holland was removed from Warwick Castle to London 17. A Declaration passed in answer to the Scots Papers and was Ordered to be delivered to their Commissioners and to be printed and published Order to allow one thousand pound per annum Salary to each of the Commissioners of the Seal Order for the Council of State to sit and the Members that desired it to have lodgings in White-Hall Vote for two Seals for the Committee of Estates ingraven with the Arms of England and Ireland and this inscription the Committee of Estates appointed by Parliament Order for the General and Colonel Rich to sit in the House as Burgesses elected for Cirencester The Speaker acquainted the House with a Letter he received from the Prince Elector of his intentions to return to his own Country with some acknowledgement of thanks for favours to him appointed to be read on Munday next The High Court of Justice sate and witnesses proved the escape of the Lord Capel out of the Tower he pleaded that he did not escape as he was a Prisoner of War but as he was sent to the Tower in another condition The Earl of Cambridge urged that the Council assigned to him were not ready for want of longer time and held it not proper for them to plead in matter of Law till the fact were first proved The Court declared that he had been often moved to make his defence whereupon he proceeded in it produced his Commissions from the Parliament to command all the Forces of that Kingdom and the order of the Committee of Estates there for him to advance into England then the large Declaration from Scotland He pleaded the ends thereof being for his Majesties honour the setling of Religion and the Covenant he also pleaded the Articles agreed unto by Major General Lambert when he yielded himself Prisoner whereby he was assured by him of quarter and life to prove which he produced the Lord Grey Colonel Lilburn and M r Peters for witnesses Concerning the point of Naturalization he pleaded that his Father being naturalized could not make him a subject of England no more than the Son of an English-man born in any Foreign Parts was intituled thereby to any inheritance here that he had a Petition and Bill prepared for his Naturalization but it passed not Colonel Whichcot the Governour and the Marshal of Windsor-Castle proved the Earls escape after he had passed his word to the Governour to be a true Prisoner the Earl earnestly denyed this and offered upon it a Challenge to the Governour were he not in his present capacity but it was left to the judgment of the Court. 19. The Letter from the Prince Elector was read of the grounds of his return to his own Country returning humble thanks for the favour of the Parliament to him desiring the continuance of his stipend and the arrears of it to be paid The House Ordered the arrears to be paid him and the Speaker to give him
Pawlets composition at three thousand seven hundred and sixty pound allowed and four thousand and two hundred pound for the Lord Pawlet An Act for a new Seal for the Courts of Wales and for Powell Eltonhead Parker and Clerk to be Judges there Letters from Scotland that the Parliament resolved to raise an Army of seventeen thousand Foot and six thousand Horse against the Sectarian Army in England in prosecution of the Covenant they having a report that an Army of English was upon their Borders That Colonel Monroe and Colonel Fizen with a party of Horse and Foot in the Northern parts of Scotland having Declared for King Charles II. taken Enderness and increased to four thousand the Scots Parliament repealed their votes of raising an Army against England and Ordered Forces against Monroe and his Party Pontefract desired a Treaty and were full of sickness in the Garrison 6. Report from the Council of State of forty thousand Horse and Foot to be kept up in England and Ireland whereof twelve thousand for Ireland their pay to be eighty thousand pound per mensem and free-quarter to be taken off Mr. Cauton a London Minister in his Prayer before the Lord Mayor having prayed for Charles II. as lawful King referred to Mr. Steel and Mr. Coke to prosecute him in the Upper Bench for Treason upon the late Declaration Letters of proclaiming King Charles II. in Guernsey Island by Sir George Carteret Letters from Holland that the Ministers there in their Pulpits inveigh against the proceedings in England and Pray for King Charles II. Referred to the Council of State to consider what is fit to be done herein and to preserve a good correspondence betwixt the two Nations The Earl of Cambridge brought before the High Court and asked what he had further to say why sentence should not be pronounced against him spake to the same effect as formerly The Earl of Holland and Lord Goring extenuated what they could their Offences as being rash not much hurtful c. The Lord Capel briefly repeated what he had formerly said and further observed an Ordinance of Parliament That Quarter should not be given to Irish Rebels for life which implyed that quarter given to others should be inviolable for life Sir John Owen pleaded quarter The President in his Scarlet robes spake many hours in answer to the several pleas of the Prisoners and at last sentence was given against them all that their heads should be severed from their Bodies yet with relation to the Mercy of Parliament 7. Referred to a Committee to draw up an Act for taking off all priviledge from Noblemen and to make their persons as liable to Law as any Commoner An Act committed for taking away Kingly Government and another for dissolving the House of Peers The Earl of Warwick and the Countess of Holland presented a Petition for the life of the Earl of Holland and divers Ladies for the others against whom the High Court had pronounced sentence of Death After some hours Debate upon these Petitions the House resolved upon the Question not to proceed any further upon these Petitions but to leave them to the Justice of the Court that sentenced them Then the Ladies Petitioned the High Court who only reprieved the Execution for two daies 8. A New form for electing Members of the House assented to Order that the Council of State nor Committees do not sit after nine in the Morning when the House sits Orders for seventy thousand pound per mensem for the Forces in England and thirty thousand pound per mensem for the Forces in Ireland and for an Act for eighty thousand pound per mensem assessment for the Forces and free quarter to be taken off New Petitions of the condemned Lords and a Letter from the General touching their Articles and after a long Debate the Question was put of them severally and voted That the Lord Capel should not be reprieved And carried by one vote that the Lord Goring should be reprieved this one vote was the Speaker who carried the House being equally divided four and twenty of each part and he said he did it because he had formerly received some civilities from the Lord Goring and his single vote now saved his life The House was also divided upon the question whether the Earl of Holland should be reprieved or not and the Speaker gave his voice against him Thus the Lord Goring who had been no friend to the Religious party was saved and the Earl of Holland who had been a most civil person to all and a very great friend to the old Puritans and protected them in the time of his greatest interest by the same single Vote lost his life This may be a caution to us against the affectation of popularity when you see the issue of it in this Noble Gentleman who was as full of Generosity and Courtship to all Sorts of Persons and readiness to help the oppressed and to stand for the rights of the people as any person of his quality in this Nation Yet this person was by the Representatives of the people given up to execution for Treason and another Lord who never made profession of being a friend to liberty either Civil or Spiritual and exceeded the Earl as much in his Crimes as he came short of him in his popularity the life of this Lord was spared by the people The resolution touching Duke Hamiltons Reprieve past in the Negative and for Sir Jo. Owen in the Affirmative and these Votes ordered to be sent to the High Court of Justice 9. Amendments to an Act for provision for the Forces of England and Ireland assented to The House rose early being thin because of the execution of the Lords The Earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster and after some discourse with Dr. Sibbalds a Minister that came with him he turned to the people and seeing them so great a multitude he said his voice would not serve for them to hear him and therefore directed his speech to those upon the Scaffold with him He confessed his Religion to be according to that of the Kirk of Scotland that he had ever been Loyal to the late King and wished well to his Posterity and that none more desired the peace and happiness of this and other Kingdoms than himself That his coming into England with the late Army was out of no Treasonable or ill intent but for the ends contained in the Scots Declaration and what he did was as a servant to that Parliament and Kingdom That in that imployment next to the setling of Religion the establishing the King was his greatest aim and he wished his blood in order to the Kingdom might be the last that should be spilt That if he would have confessed who invited the Scots Army into England it would probably have saved his life Then he made a short Prayer Dr. Sibbalds kneeling with
him and being risen he cast off his Cloak and Doublet put on a little white Sattin Cap forgave the Executioner and gave him ten pounds a little after he spake a while in private with his Servants and again made a short prayer His Countenance was cheerful and all the time of his being on the Scaffold there appeared in him no fear disorder change of Countenance or discomposure He took his leave of Dr. Sibbalds imbracing him and of his Servants whom he commended particularly M r Lewys his Secretary He laid down his head upon the Block and after a short Prayer he gave the signal by stretching out his hand and the Executioner struck of his head at one blow which was wrapped in a Red Sarcenet Scarf and with his Body put into the Coffin and carried away Next came upon the Scaffold the Earl of Holland who was accompanied by M r Hodges and M r Bolton Ministers divers of his Servants and other Gentlemen with him from M r Hodges a person of eminent parts and piety and who it is believed would not tell an untruth was this relation That between the time of his sentence and execution he only lay in the Earls Bed-chamber to discourse with him and to comfort him being admitted and desired by him to that freedom when he would not see his Lady nor any of his Children which he said would add too much to his sorrow and discompose his thoughts which were now to be set only upon another world That the Earl for several days after his sentence was in great perplexity and agony of his thoughts and said he had not assurance of Pardon of his Sins and of the love of God to him that he was not prepared to die that Christ would not be advantage to him M r Hodges endeavoured to allay these doubtings and to comfort the Earl with declaring to him the infiniteness of Gods mercies and his willingness to pardon all poor sinners that come to him through Christ that never any who sought the love of God in Christ with a true faith in Christ did ever fail to obtain the assurance of it to his distressed Soul The Earl desired Mr. Hodges to pray with him to seek God for this Mercy which M r Hodges did and upon this subject with as earnest a seeking of the Lord for it as he could express and the Earl himself frequently prayed to the same effect and with wonderful fervency of expression That still the Earl continued in a desponding condition till the day before his suffering when immediately after prayer the Earl with rejoycing told Mr. Hodges that God had heard their prayers and his Spirit was come in to comfort him that he had prevayled through the strength of Christ over Satan and all his Spiritual enemies and all temptations that the Lord had given in to him an assurance of his love in Christ and that now he was both ready and willing to die Mr. Hodges was much joyed at this and they then went to Prayer together to bless God for this great mercy and to begg the continuance of this frame of Spirit to the last and God heard them in this also The Earl who had not slept several nights before nor eat his meat now supped and went to bed with no more disturbance in his Spirits than in his best health and slept so soundly all the night and this morning that they were much troubled to awaken him He went to the Scaffold without being any whit daunted and after some discourse with the Gentlemen he showed himself to the people who were generally moved with sorrow for the suffering of so gallant a Person whose meen and comlyness would move compassion He directed his speech to the people at the front of the Scaffold towards Westminster-Hall made a large profession of his religion as a Protestant mentioned his birth and education excused his going to the King from the Parliament and return to the Parliament again and extenuated his late insurrection After he had ended his speech he turned to the other side of the Scaffold and kneeled down to his private Prayers after which he had conference with Mr. Hodges and Mr. Bolton Then he pulled off his gown and doublet having on him a white Satten Wastecoat and put on a white Satten Cap and prepared himself for the Block took his leave and embraced with much affection Mr. Hodges Mr. Bolton his Servants and others forgave the Executioner and gave him money ten pound in Gold Then he laid himself down on the Block prayed a while and gave the sign by stretching forth his Arms upon which the Executioner severed his head from his shoulders at one blow which with his body was presently put into a Coffin and carried away Next was my Lord Capel brought to the Scaffold much after the manner of a stout Roman he had no Minister with him nor shewed any sense of death approaching but carried himself all the time he was upon the Scaffold with that boldness and resolution as was to be admired He wore a sad coloured Suit his Hat cocked up and his Cloak thrown under one arm he looked towards the people at his first coming up and put off his Hat in manner of a Salute he had a little discourse with some Gentlemen upon the Scaffold and passed up and down in a careless posture He went to the front of the Scaffold and leaning over made a speech to the people he said he dyed a Protestant according to the Religion profest in the thirty nine Articles the best he knew of That he was condemned for keeping the fifth Commandment Written by Gods own finger which commanded to obey Magistrates and he died for obeying his King the most religious of all Princes and his Son Prince Charles who he said was King and the rest of the Kings Children Heirs to the Crown He concluded with a desire to the people to pray for him and after a short discourse with some on the Scaffold he spake once or twice to the Executioner and gave him money then he put off his Cloak and Doublet with much confidence and put on a White Cap took leave briefly of the Gentlemen on the Scaffold and prepared for the Block Where laying himself down with hands and eyes lifted up he prayed a while after that fitting himself to the Block upon the signal of stretching forth his right hand the Executioner severed his head from his body at one blow which were Coffin'd up and carried away The first General Seal the Commissioners sate in the Middle-Temple-Hall and did not go to Westminster because of the trouble and multitudes of people and Guards in the Palace-Yard upon the Execution of the Lords but they found their meetings to be more convenient out of Term and in the afternoons in the Temple-Hall both for them and for the Council 10. The Salary of one thousand pound per an to each of the Judges was changed from 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
this betterness will save much effusion of Blood through the Goodness of God I wish that all honest Hearts may give the Glory of this to God alone to whom indeed the Praise of this Mercy belongs for Instruments they were very inconsiderable the Work throughout Then he gives an Account of his purpose for Wexford and concludes Captain Brandly did with 40 or 50 of his Men very gallantly storm Tenalis for which he deserves the Thanks of the State O. Cromwel Sep. 16th 1649. The Councel of State ordered that the Ministers in their several Churches to morrow being the Lords Day should acquaint the People And according to the Order of the Councel of State the Ministers of London acquainted the People with the great Successes of the Parliaments Forces in Ireland and returned Thanks to God for the same October 1649. Octob. 1 More Letters of the Particulars of the taking of Drogheda That the Breaches not being made low enough the Horse could not go on with the Foot but the Foot alone stormed and entred the Town but by reason of the numerousness and stoutness of the Enemy who maintained the Breach as gallantly as ever men did and by the death of Collonel Castle whose Regiment was one of those that stormed and he was slain at the Storm our Men were disheartned and retreated Which my Lord Lieutenant seeing went himself to the Breech and after a little time a fresh reserve of C. Evers Men fell on with the rest very couragiously and God abated the Courage of the Enemy they fled before us till we gained the Town and they all agreed in the not giving of Quarter and other particular Passages before mentioned 2 Letters from the Lord Lieutenant of Ireland to the Parliament and Councel of State of the Success at Drogheda more particularly That Sir Arthur Ashton the Governour and divers considerable Officers got up into the Mill Mount a very strong Fort in the Town but Cromwels Men got up to them and put them all to the Sword having Command not to spare any that were in Arms in the Town That about 140 got into a Tower and being Summon'd would not yield but killed and wounded some of our Men and when they submitted their Officers were knocked on the Head and every 10th Man of the Souldiers killed and the rest were shipped for the Barbadoes That these People thrust the Protestants out of the great Church and set up Mass there and in this very place 1000 of them were put to the Sword flying thither for safety their Fryars and Priests were knocked on the Head promiscuously with the others who were in Arms. The Letters said further That in Sir Arthur Ashtons Pocket were Letters taken from Ormond to him assuring him of relief in a short time That Ormond and Inchequin were at variance The Parliament ordered a Day of publick Thanksgiving for the great Successes in Ireland The Inhabitants of Wickloe being all Roman Catholicks submitted to the Lord Lieutenant who marched with his Army to the West for reducing of Munster Letters of more Moss Troopers taken Letters from Scotland That Mr. Windham was gone to their King with as inviting a Message as Pen could draw or People send promising him Personal Protection Restauration c. and no Condition for so much as subscribing the Covenant Several Persons apprehended at Lancaster who raised a tumult to keep a Malignant Person in his Benefice 3 Several Votes past and ordered to be Printed for Repayment of Money lent upon the publick Faith Letters from France That Prince Charles went from the Court towards Caen in Normandy and from thence intended to go for Jersy That his Train was but 60 Horses and six Coaches with six Horses a piece and that many of his Servants and some Gentlemen went on Foot That the Prince had but 300 Pistols left him to defray the Charges of his Journey 4 A Letter from the General with a Petition inclosed from the Officers of the Army being the humble Desires of the Councel of War in prevention of the disorderly buying of Debenters of the Souldiers at inconsiderable Rates Referred to a select Committee with Power to send for and conferr with such Persons as they shall think fit in order to that Business The Election of Alderman Fowke to be Lord Mayor of London and his being presented to the House with a Speech by their Recorder Steel The House approved the Election Letters from Salop of their Ministers preaching bitter Invectives against the Parliament Letters that Captain Dawkins took a Dunkirk Frigot with four pieces of Ordinance and a Commission from Prince Charles Letters that a Minister and his Wife near Edenburgh were lately apprehended for Witches Letters that the Lord Lieutenant upon his March towards Wexford took in several Garrisons C. Scroope was made Governour of Bristol-Castle 5 These Acts passed To give Liberty of Transporting ungarbled Spices For settling the Accounts â—f the Common-wealth For Redemption of Captives Order for a Declaration to be published to the Kingdom upon sale of the Lands of the late King Queen and Prince The House adjourned Letters that some Aldermen of Wexford were sent out to treat with the Lord Lieutenant ten Miles before he came to the Town That Inchequin would surrender up his Forces and Garrisons so he might have security of his Life and of his Estate of 1000 l. per annum That the Earl of Antrim would surrender four Garrisons upon Condition to enjoy his Life and Estate That C. Veneable was made Governour of the North of Ireland That most of C. Evers Officers were wounded at the storming of Tredah Prince Rupert having been for divers Months blocked up in the Harbour of Kinsale by the Parliaments Ships at length by reason of his want of Provisions and Cromwels being ready to take that Town by Land the Prince was forced to a Resolution to make his way through them And with the loss of three of his Ships he bore out of that Harbour and with the remainder of his Fleet getting clear of the Parliaments Ships steered his Course for Lisbon where he was not only protected but caressed by the King of Portugal which so much displeased the Parliament that they commenced a War with that Prince doing him many great Dammages in the Trade and Navigation wherein the Riches of that Nation chiefly do consist At the same time that Prince Charles and his Retinue about 300 arrived at Jersy and was there proclaimed King Some few Forces were landed in the Isle of Orkeney from the Lord Montross and some came out of Ireland into the North of Scotland under Sir James Montgomery Hereupon and to oppose these Forces the Scots began to make Preparations though at the same time they were upon terms of Treaty with their King for whose Service these Forces were designed The Kirk having long before excommunicated Montross strict Order was now given for suppressing a Declaration which he had
caused to be published in Scotland for Justifying of his Proceedings Mr. Windram Layds of Libberton though hardly drawn to it was at length dispatched away with a Message to the Scots King after his arrival in Jersy he waited for an audience till an Agent that had come from Ireland was dismist Then being admitted to the Princes Presence he presented to him the Desires and Offers of the States of Scotland which were to this Effect 1 That he would sign the Covenant and pass an Act for all Persons in Scotland to take it and to ratifyall that had been done there concerning the same 2 That he would pass divers Acts of the Parliament of Scotland which were ratifyed by their two last Sessions as for his approbation of their disclaiming Dr. Hamiltons Design for receiving the several Acts made by the English for the Militia for the Kings of Scotland to have no negative voice in that Parliament 3 That he would withdraw his Commissions to Montross for raising Forces to be sent from beyond Seas into Scotland and to give present Order for the stopping thereof 4 That he would put away all Papists from about him and let none be of his Councel but known Protestants 5 That he would appoint some place about Holland to treat with Commissioners from the Estates of Scotland wro would send eminent Lords to him to treat and conclude there upon all particulars and from the time he should come into Holland they would provide for him what should be necessary to make him and his Train to reside in a Regal manner 6 That he would give a speedy Answer to their Desires These Propositions were much debated by the Prince his Councel who were of a different Sense concerning them nor could a present Answer to them be agreed upon the Priuce having ingaged himself to the Queen his Mother not to do any thing in matters of Importance without first acquainting her therewith and having her advice about them It was thought fit also speedily to acqnaint Montross with this Business Some of the Prince his Councel were for rejecting these Propositions as dishonorable and disadvantagious Others were for accepting them and a speedy agreement with that Party in Scotland which was most prevalent and by whom the Prince had greater Probability of obtaining the Crown than by Montross his Designs which were full of hazard and uncertainty Letters also came from the Queen urging that if the Scots Propositions seemed at present too severe and insupportable there might hereafter be opportunity as soon as he had obtained the Kingdom to free himself at least in some measure from the Inconveniences of them The main of his Councel tended to this that according to the Exigence of his Affairs at present it was absolutely necessary to comply with the Kirk of Scotland Montross advised the same and that the Banishment of himself might not hinder it but to that the King answered that he had found him so faithful and to have performed so eminent Services both to his Father and to himself that he could not in Justice or Honour leave him and desired him to urge him no further to it In regard the Answer to the Scots Propositions required some considerable time because it could not be compleated to be returned by the L. of Libberton Sir William Flemming was sent as Agent before hand to Edenburgh from thence to give Advice of the Affairs in Scotland that thereby the Councel might the better know how to frame the Answer Sir John Berkeley and C. Slingsby were sent into the West of England to sollicite the Kings Friends to rise in Arms for their Prince and being accidentally discovered by a Country Fellow were apprehended by the Committee of the County and sent Prisoners to Truroe The Prince had Ambassadors with the Emperour the Duke of Muscovia the State of Venice the Great Turk and with the King of Spain to whom the Substance of the Ambassy was 1 That the Parliament of England having been in Arms against his Father and prevailed against him and caused him to be put to Death 2 That he being Son and Heir to the late King was yet kept out of his Kingdom by the aforesaid Parliament 3 That he desired the King of Spain's Neighbourly Assistance and that he would afford him what Aid he could to Establish him into his Rights and Dignities in the Kingdoms To this the King of Spain made Answer 1 That he was sorry for his Fathers ill Success wishing he had been more prosperous 2 That he condold with him for his Fathers Death and was much affected with Sorrow at the manner of it 3 That concerning the difference between him and the Parliament and the Rights on the one or the other Side they being Matters out of his Territories and Jurisdiction he could not take Cognizance of them nor should he meddle therein But for any thing within his own Dominions he should be ready to do him what lawful Favour he could November 1649. The Princes continuance at Jersy was by his Councel held not fit to be much longer upon these Reasons 1 Because there was a considerable Fleet of the Parliaments come already to Portsmouth with store of Provisions and it was necessary to prevent the danger that might fall upon them in case those Ships should make an attempt upon the Island which that they would do was the more probable because there were already men landed in Jersy 2 That if they should lye under that hazard they knew not where to expect Relief except all other Services should be neglected and Prince Rupert and Montross called hither which would be the ruine of their Designs 3 That their removal would give great Satisfaction to the Kingdom of Scotland and be an Encouragement to their Friends in England 4 That thereby they should be the more free from Hazards and Dangers both as to themselves and others that should make addresses to them The Councel of State in England had good Intelligence of all the Transactions of the Prince and of his Councel which they procured by their Mony whereof some of the Prince his Servants were needy and would betray their Master for it The times were licentious and men took strange Liberty to calumniate all in Authority and to clamour if they had not what themselves thought fit respecting themselves and their private Interest and Concerns much more than the Rules of Right and Justice and the Law it self When the King of Portugal could neither by Force nor Intreaties be perswaded to cast off Prince Rupert out of his Protection the English Admirals resolved with patience to awaite his coming out and a long time they kept him in there till at last want of Provisions made them retire and give the Prince room Who immediately steered from thence to Malaga but in the Voyage perplexed with extraordinary Storms he lost his Brother Maurice who in the Vice Admiral was never since
other Provisoes Referred to the Committee of Goldsmiths Hall to take into consideration the Business concerning the Souldiery and Ministers in Lancashire that such satisfaction may be given them as may tend to the Service of the Commonwealth and to take into consideration the Troupe of Horse in Oxfordshire and to pay it out of the Sequestrations in Oxfordshire until further order from the House or Councel of State 26 Ordered that the Lord Commissioners of the great Seal do take care that Writs be issued out and sent down into every County to the several Sheriffs to proclaim the Act touching the Ingagement This Course of proclaiming new Acts of Parliament was very antient and constantly used especially in elder times as appears by the Records but of late disused It was thought fit to have it revived again that the People might be informed what Acts were passed which they were not so fully by the Printing as by proclaiming of them at their Markets Orders touching the Composition of Delinquents Votes for taking off the additional Exercise upon most of the Commodities mentioned in the last Act touching the Excise Letters from Ireland of C. Hewsons taking in some Forts near Dublin 28 Letters that the Scots had no Answer from Sir George Windram Laird of Libberton but that the King would be satisfyed from him whether his Subjects of Scotland would ingage to Establish him in England as King That he is not yet removed from Jersy That divers Souldiers came from Ireland into Orkney Letters That the States Provincial of Holland have resolved to send an Agent into England for their better Correspondence with the Parliament 29 Letters from Ireland of taking the Fort upon the Bogg of Allan of a Dutch Ship of 300 Tun cast away upon that Coast that the Lord Lieutenant had sent to besiege Eniscorsie Castle belonging to Mr. Wallop a Member of the House which the Enemy had lately surprised That the Lord Lieutenant visited all the English Garrisons in Munster and gave Orders to them That Inchequin was in Kerrcy That 16 of the Enemies Horse came from Duncannon to the Lord Lieutenant 30 Letters from Holly-Head that a Vessel bound for London Derry with Coals Cloaths and other Merchants Goods was taken by a Scots Man of War the Mariners and sixteen Passengers put on Shore the Owner and Master carryed away Prisoners That the Gentlemen and Commonalty of Ireland do generally submit to the Lord Lieutenants Orders From York That a Minister lately informed that there would be shortly a Massacre of the well affected in the Nation From Shrewsbury That many Cavaliers wear Ribbands with Motto's God prosper That the Ministers incourage them and Preach against the present Government They report an Agreement between the King of Scots and his People of that Kingdom upon the terms proposed at the Isle Wight and that the Presbyterians of England will joyn From Plymouth That a Vessel of Dartmouth was by a storm forced into the Mounts Bay and wracked and all lost save one Person Returns of Subscriptions to the Ingagement 31 The Town of Pool having warned a general Sessions to be held not one Justice came to joyn with them The Act giving 10 l. to him that shall apprehend a Fellon caused the Countrymen to apprehend many of the Thieves and Robbers in all places and the Mony was duely paid to them February 1649. Feb. 1. Divers People took away by violence from the Owners Wheat and other Corn carrying to Market to Basing-Stoak and beat the Carters and some of them being imprisoned for it the rest brake the Prison and let out them and other Malefactors Letters from Rome That there an Agent from England and the English Priests seem very confident that within few Years their Religion would be Established in England 2 At a Court Marshal in C. Prides Regiment a Souldier was sentenced to run the Gantlope and afterwards to be cashiered for threatning to cut his fellow Souldiers throats in case King Charles the Second came in and for swearing and drunkenness Another had the like sentence having been found to have been in Arms against the Parliament and then came in to them and at his disbanding gave out threatning words against the Officers The Parliament Voted that a Book written by one Coppes intituled a fiery flying Roll c. contained many horrid Blasphemies and damnable and detestable Opinions and that the Book and all Copies of it that can be found shall be burnt by the hands of the Hangman A Petition from Wiltshire for Propagation of the Gospel c. approved by the House and in order thereto they appointed every Fryday to consider al wayes for the better advancing the Gospel of Christ An Act committed for the better propagating of the Gospel in Wales The Parliament ordered touching Negotiations with Forraign Princes and States That the Stile and Title to be used by this Parliament in all Negotiations shall be Parliamentum Rei-publicae Anglicae And the Style when any address shall be made to them The Parliament of the Commonwealth of England And no other Title to be used Order for an Act to be brought in for the Punishment of insolent Profanations of the Sabbath and Adultery The Parliament upon the hearing Sir Jacob Garrets Business sentenced three of his false Accusers to stand in the Pillory Thus they took upon them and exercised all manner of Jurisdiction and sentenced Persons Secundum Arbitrium 4 Letters that Jermin and other Lords and Courtiers are hastning from Paris to Breda hearing that the Scots are sending Money to defray the charges of their King and Court there That the Scots are busy in purging their Army but are startied at the news of the Parliament sending for the Lord Lieutenant of Ireland That they report the ground thereof to be That he is routed in Ireland and That the Parliament of England fear new Troubles Yet the Scots sent an Express into Ireland to know the certainty 5 Letters of the Losses by Pirates about Scarborough From Weymouth That one Mr. Thomas May was secured by the Governour there and to be sent up in Custody to London for raysing false Rumors concerning the Parliament and the General From Portsmouth That G. Deane came thither with the Phenix and informed of several Vessels with Recruits for Ireland cast away An Act passed for a day of publick Humiliation throughout England and Wales to seek God for a Blessing upon the Proceedings of Parliament and their Armies in England and Ireland Debate about an Act for a publick Register to inroll all Deeds and to find Incumbrances upon all Estates and Lands An Additional Act passed for removing of Obstructions in the sale of the late Kings Lands c. A Petition from Westminster for settling the civil Government there referred to the Committee for Corporations Debate of an Act for regulating and erecting a Corporation in Norfolk concerning the Worsted-Weavers and Yarn-Men
many Portugals and French coming forth The Parliaments Generals stopped all the English Ships and their lading of Passengers and Souldiers and sent another message to the King of Portugal to demand the English Ships under Prince Rupert but he and his Councel answered that it was an unreasonable demand That the English Agent there escaped in a Disguise to the Fleet but the English Merchants at Lisbon who were Friends to the Parliament were imprisoned by the Kings Order That they tendred an Ingagement to the rest of the English to endeavour the reinthroning of King Charles the Second From Barnstable of a design to destroy all the Parliament Party in that Town and thereabouts prevented by small means through the Mercy of God was this day celebrated with great Solemnity 4 Letters of a Spanish Ambassador landed in the Downs and of a French Man of War with some English in her who took small English Vessels near Pool Of the Treasure Waggons going Northwards to the Army Of a Vessel loaden with Iron under sail from Tsalee in Ireland newly gone out of the Harbour when a Party of the Lord Broghils Forces coming thither haled her to come back but she being under Sail regarded them not but made on her way Whereupon 20 of the Troopers stripped themselves making as if they would swim to her and storm her and two of them who could swim well came uP to her which so amazed those in the Vessel that they hoised out their Boat on the other side of the Ship and got away leaving the Ship and her loading to the two valiant Troopers Of the Plague breaking forth near Barnstable 5 Letters of the L. Willoughbyes arrival in the Barbadoes Where he lay concealed eight dayes untill he had contrived his business with some great Delinquents there and then appeared as the chief Governour and proclaimed King Charles the second Of the seizing the Ships bonnd for Brazile from Lisbon by the Parliaments General at Sea and all the Ammunition and Provisions in them and some French Ships blocking up that Haven 6 Letters of a Message sent from the Scots Parliament to M. G. Lambert at the same time when they sent to the English Parliament to know the reason of their Armys march Northwards and urging That by the large Treaty no Act of Hostility or Invasion ought to be upon each other before three Months notice given That the Messenger is detained but not under restraint without answer till the Pleasure of the Parliament be known That Cromwell coming to York the Lord Mayor Aldermen and Sheriffs attended him and invited him and his Officers to dinner where they were highly caressed From Ireland That the Bishop of Clogher interposed between Sir Charles Coot and C. Veneables with an Army of 10000 Irish and caused Sir Charles Coot several times to retreat but at length his Forces took such Courage that they resolved to fight the Bishop and after an hours hot dispute it pleased God to deliver that great Army into their hands That the Bishop their General received many wounds and in a few hours after he was taken Prisoner dyed of them that their Lt. G. Oneal was slain with their Quarter Master General and nine Collonels inferiour Officers very many and 3000 common Souldiers That the names and qualities of their Officers Slain and taken were not then known a messinger being dispatched with a General account of the business till they could have time to particularize that some of the Prisoners confest if they could have given a defeat either to Sir Charles Coot or C. Venables that the Bishop resolved to draw his Army into Scotland to promote the Kings affaires there 8 Letters that the Scots King was still at Dundee that they could not agree about his coming to Edenburgh nor about his Coronation that Commissioners from the Parliament and a Commitee of the Kirk were with him about signing the Propositions That a party of the Scots Horse were drawn within 20 Miles of Berwick which gave an allarm and caused the Parliaments Forces thereabouts to be in a ready Posture to receive them but they came not on From Sir Charles Coot that his party with him being but 600 Horse and 800 Foot he sent to C. Venables to come and joyn with him but the Bishop of Clogher with his Army being then about 4000 Foot and 600 Horse fell in between them to hinder their conjunction The Enemy incamped themselves on a boggy ground within 2 Musket Shot of our Leaguer and after about 4 hours began to draw off with most of their Forces over a pass which I perceiving called the Officers together and it was thought fit to charge the Enemy in the Rear with about 200 Horse keeping our foot and the rest of the Horse intire Our Horse Fell on with a great deal of gallantry and charged through 2 divisions of their Foot but their Horse being quite behind their Foot Finding our Horse in some disorder Fell on them and forced them to retreat Whereupon C. Richard Coot advancing with part of his Regiment to relieve our men the Enemies Horse Faced about and were beaten back again into their main Body We lost only in this conflict Captain Taylor who dyed most gallantly in the midst of the Rebels Pikes and 7 Troopers but took Prisoners a Captain of theirs and killed at least 6 for one but they drew off to a pass a Mile below I Sent Orders to the Country People to remove themselves and their goods and our Soldiers secured the passes between them and the Enemy C. Fenwick with 1000. Foot came to us but without any Provisions and it pleased God to give such courage to our Souldiers that we Marched up towards the Enemy who upon sight of our party they being encamped upon the side of a Mountain inaccessible either for Horse or Foot drew forth into a piece of Ground which though extream bad yet it pleased God to put into our Hearts to advance towards them Where we presently ingaged them and by the blesing of God after an hours hot dispute with great resolution on both sides we wholly routed them Many of them were killed upon the place and the Execution was 10 or 11 Miles every way that Night What numbers were slain I cannot positively say the Countrey People as well as the Souldiers eagerly pursuing and killing them for two daies after But with modesty I may assure you there cannot be less than 2000. slain together with their M. G. 5. Colonels 1. Bishop with almost all their Officers and their Lieutenant G. Offorrel as we are informed though his body be not yet discovered They lost likwise their Armes Colours Baggage with most of their Horse Since my writing thus far I have received several Letters from one party in the pursuit that they have Killed 6 or 700. more of the Rebels That M. King with 50 Dragoons had taken the Bishop of Clogher Prisoner
and in the same sence are used in the Customary That which puts it further out of scruple is that there are yet extant the Manuscripts themselves of the Saxon Laws made in the Parliamentary Councels held by them here which are in the Language and Character of those times and contain in them many of those things which are in the Norman Customary It is no improbable Opinion that there was a former establishment of our Laws in Normandy before the time of H. 1. and that it was by Edward the Confessor who as all Writers of our History agree was a great Collector and Compiler of our English Laws He lived a long time with his Kinsman Duke William in Normandy who was willing to please the Confessor in hopes to be appointed by him to be his Successor wherein the Dukes expectation did not fail him The Confessor having no Children and finding Normandy without a setled Government and wanting Laws advised with his Kinsman Duke William to receive from him the Laws of England which he had collected and to establish them in Normandy which Duke William and his Lords readily accepted for the Good of their People and thereby obliged the Confessor Another Proof hereof is That such Laws as the Normans had before the time of D. William were different from those in the Customary and from the English Laws As their Law that the Husband should be hanged if the Wife were a Thief and he did not discover it The meaner People were as Slaves and the like and the trial of Theft by Ordeil which then was not in England Wigorniensis reports That the Normans who came in with Queen Emma the Wife of Ethelred were so hated of the English for their Injustice and false Judgment that in the time of King Canutus they were for this cause banished and it is the less probable that they being so unjust themselves should introduce so just Laws as ours are Between the Conquest of Normandy by Rollo and the Invasion of England by Duke William there were not above 160 Years that of Normandy was about An. 912. that of England An. 1060. It is not then consonant to reason That those Normans Pagans a rough Martial People descended from so many barbarous Nations should in the time of 150 Years establish such excellent Laws among themselves and so different from the French Laws among whom they were and all parts in the World except England And such Laws which were not onely fit for their Dukedom and small Territory but fit also for this Kingdom which in those dayes was the second in Europe for antiquity and worth by confession of most Forreign Historians If we will give Credit to their own Authors this Point will be sufficiently evinced by them these words are in the Proheme of the Customary which is titled Descriptio Normanniae Hucusque Normannicae consuetudinis latorem sive datorem Sanctum Edvardum Angliae regem c. The same is witnessed by Chronica Chronicorum That St. Edward King of England gave the Laws to the Normans when he was long harboured there And that he made both the Laws of England and Normandy appears sufficiently by the conformity of them for which he cites several particulars as of Appeals and the Custom of England ad probandum aliquid per credentiam duodecem hominum Vicinorum which he sayeth remained in Normandy to that day Polydore forgetting himself what he wrote in another place sayeth of King Henry the Seventh That when a doubt was made upon the Proposal of Marriage of his Daughter to Scotland that thereby England night in time be subject unto Scotland The King answered No and that England as the greater will draw it to Scotland being the less and incorporate it to the Laws of England as sayeth the Historian it did Normandy though the Owner thereof was Conquere in England And Sir Roger Owen in his Manuscript affirms That there is not any of our Historians that lived in the space of 200 Years immediately after the Conquest which doth describe our Laws to be taken away and the Norman Custome introduced by the Conquerour Some of them and not improbably mention the alteration of some part of them and the bringing in some Norman Customes effectual for the keeping of the Peace There is yet behind the great Argument most insisted on and often urged by the Gentlemen of another Opinion which is the Title of William who is called the Conquerour from whence they conclude That by his Conquest he changed the Laws and Government of this Nation and that his Successors reckon the beginning of their Reigns from his Conquest To this is answered that â posse ad esse non valet argumentum the conquering of the Land is one thing the introducing of new Laws is another thing but there is direct Proof to the contrary of this Argument Duke William never surnamed himself the Conquerour nor was so called in his life time as may appear by all the Letters Patents and Deeds that he made wherein he is called Gulielmus Rex Dux c. never Conquestor and our antient Historians give him the same Titles and not that of Conquerour In the Title of Nubrigensis's Book he is surnamed William the Bastard Malmsbury calls him W. 1. Hoveden W. the Elder Adam de Monmouth sayeth That 1. E. 3. this word Conquest was found out to denote and distinguish the certain Edward because two of the same name were Predecessors to this King and to the Conquerour who claimed the Crown as Heir to Edward the Confessor but saith he we call him the Conquerour for that he overcame Harold Duke William himself claimed to be King of England as Successor and adopted Heir of the Confessor by his Will and Harolds renouncing of his Title by Oath The Register of St. Albans Math. Paris and others attest that the Barons of England did homage to him as Successor and he relyed on them in his Forreign Wars and the check given to him by the Kentish men and the Forces gathered by the Abbot of St. Albans brought him to ingage to confirm the Laws of the Confessor and as his Successor by legal right they admitted him to be their King Volaterus writes That he was made Heir to the Confessor and was Vncle to him Another affirms That Edward by his Will left England to him Paulus Aemilius and Fulgasius are to the same purpose Pope Alexander the Second sent him a Banner as witness that with a safe Conscience he mighe expel Harold the Tyrant because the Crown was due to him by the Confessors Will and by Harolds Oath Agreeable hereunto are Gemiticensis Walsingham Malmsbury Huntington Ingulphus Paris Pike Wendover Caxton Gisborn and others The antient Deeds of the Abby of Westminster which were sometimes in my Custody do prove this King William in his Charter to them sets forth his own Title to the Crown thus Beneficio Concessionis Cognati mei gloriosi Regis Edvardi In his
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
2. and some others in Latine R. 2. H. 4. H. 5. and H. 6. used to write their Letters in French and some of our Pleadings are in French and in the Common-Pleas to our time But Sir our Law it Lex non scripta I mean our Common-Law and our Statutes Records and Books which are written in French are no Argument that therefore the Original of our Laws is from France but they were in being before any of the French Language was in our Laws Fortescue writes That the English kept their Accounts in French yet doubtless they had Accounts here and Revenues before the French Language was in use here My Lord Cooke saith That the Conqueror taught the English the Norman Terms of Hawking Hunting Gaming c. yet no doubt but that these Recreations were in use with us before his time And though D. William or any other of our Kings before or after his time did bring in the French Tongue amongst us yet that is no Argument that he or they did change or introduce our Laws which undoubtedly were here long before those times and some of them when the French Tongue was so much in use here were Translated Written and Pleaded and Recorded in the French Tongue yet remained the same Laws still And from that great Vse of the French Tongue here it was that the Reporters of our Law-Cases and Judgments which were in those times did write their Reports in French which was the pure French in that time though mixt with some words of Art Those Terms of Art were taken many of them from the Saxon Tongue as may be seen by them yet used And the Reporters of later times and our Students at this day use to take their Notes in French following the old Reports which they had studied and the old French which as in other Languages by time came to be varied I shall not deny but that some Monks in elder times and some Clerks and Officers might have a Cunning for their private Honour and Profit to keep up a Mystery to have as much as they could of our Laws to be in a kind of Mystery to the Vulgar to be the less understood by them But the Councellors at Law and Judges can have no advantage by it but perhaps it would be found that the Law being in English and generally more understood yet not sufficiently would occasion the more Suits And possibly there may be something of the like nature as to the Court-hand yet if the more common Hands were used in our Law-writings they would be the more subject to change as the English and other Languages are but not the Latine Surely the French Tongue used in our Reports and Law-Books deserves not to be so enviously decried as it is by Polydore Aliott Daniel Hottoman Cowel and other Censurers But Mr. Speaker if I have been tedious I humbly ask your pardon and have the more hopes to obtain it from so many worthy English Gentle-men when that which I have said was chiefly in vindication of their own Native Laws unto which I held my self the more obliged by the duty of my Profession and I account it an honour to me to be a Lawyer As to the Debate and Matter of the Act now before you I have delivered no Opinion against it nor do I think it reasonable that the Generality of the People of England should by an implicit Faith depend upon the knowledge of others in that which concerns them most of all It was the Romish Policy to keep them in ignorance of Matters pertaining to their Souls health let them not be in ignorance of Matters pertaining to their Bodies Estates and all their worldly Comfort It is not unreasonable that the Law should be in that Language which may best be understood by those whose Lives and Fortunes are subject to it and are to be governed by it Moses read all the Laws openly before the People in their Mother-Tongue God directed him to write it and to expound it to the People in their own Native Language that what concerned their Lives Liberties and Estates might be made known unto them in the most perspicuous way The Laws of the Eastern Nations were in their proper Tongue The Laws at Constantinople were in Greek at Rome in Latine in France Spain Germany Sueden Denmark and other Nations their Laws are Published in their Native Idiom For your own Countrey there is no man that can read the Saxon Character but may find the Laws of your Ancestors yet extant in the English Tongue D. William himself commanded the Laws to be proclaimed in English that none might pretend Ignorance of them It was the Judgment of the Parliament 36 E. 3. That Pleadings should be in English and in the Reigns of those Kings when our Statutes were enrolled in French and English yet then the Sheriffs in their several Counties were to proclaim them in English I shall conclude with a Complaint of what I have met with abroad from some Military Persons nothing but Scoffs and Invectives against our Law and Threats to take it away but the Law is above the reach of those Weapons which at one time or another will return upon those that use them Solid Arguments strong Reasons and Authorities are more fit for confutation of any Error and satisfaction of different Judgments When the Emperor took a Bishop in compleat Armor in a Battel he sent the Armor to the Pope with this Word Haeccine sunt vestes silii tui So may I say to those Gentlemen abroad as to their Railings Taunts and Threats against the Law Haeccine sunt Argumenta horum Antinomianorum They will be found of no force but recoyling Arms. Nor is it ingenious or prudent for Englishmen to deprave their Birthright the Laws of their own Countrey But to return to the Matter in Debate I can find neither strangeness nor foresee great inconvenience by passing of this Act and therefore if the House shall think fit to have the Question put for the passing of it I am ready to give my Affirmative The Question being put It was unanimously carried That the Act should pass for turning the Law-Books and the Process and Proceedings in the Courts of Justice into English 23 Letters from Scotland of the Proceedings of the Army in Mining Edinburg-Castle and that part of the King's House there was burnt 25 Letters That the Scots Officers had sent to break off any Treaty of Accommodation and that they were to have a general Meeting for reconciling all Parties That among some Tories taken in Scotland one was an Elder of the Kirk who confessed the killing of some of the English being instigated by the Ministers That C. Monk had taken in the strong Castle of Roswel That the Scots were agreed amongst themselves and raising Forces to recruit their Army to 30000. 26 Letters That C. Axtel Governour of Kilkenny marched forth with about 800 Horse and Foot to relieve the Parliaments Garrison
and met with 3000 Foot and 300 Horse under Clenrickard who had taken some of the Parliaments Garrisons and blockt up a Pass That C. Axtel faced a Pass which was strongly fortified and manned with Horse and Foot and a deep River between him and the Enemy they had an hours Dispute on both sides the River in which the Enemy lost 150 Horse Axtel lost but one Lieutenant and six wounded That by reason of the steepness of the Banks of the River the Souldiers could not get up and so retreated That Axtel having an additional strength in all 1800 Foot and 1000 Horse and Dragoons he advanced towards the Enemy who were above 4000 and got into an Island into which there is one Pass with a Bogg on each side and the Pass fortified in several places one behind another as Reserves all which must be gained before one could enter into the Island That Axtel's men made an attempt upon the Enemy about an hour before night and after a small Dispute gained two of their Guards and at the third Guard they came to the Butt-End of the Musket but Axtel's men forced their Entrance into the Island and the Enemy were totally routed That they lost all their Arms 200 Horse all their Waggons Oxen Tents and what was in the Camp of Provisions and Ammunition That besides those that were killed many of the Irish were drowned That 500 of them were driven into the Shannon by a Party of the Parliaments Horse and were drowned all in one company together That not above 300 of their whole Party escaped yet Axtel lost but one Captain Goffe with 8 common Souldiers and 20 wounded That after this Defeat the Enemy fired and quitted the Garrisons they had taken and fled and Axtel returned to Kilkenny That the next day he Marched out again to find out another Party of the Enemy who infested that Countrey That Nenagh Castle was Surrendred to the L. Deputy who drew off from Limerick by reason of the unseasonable time of the Year Upon reading of this Letter in the House they ordered Thanks to be given the next Lords Day in the several Churches in London for this Victory The Act passed for the 120000 l. Assessment per mensem 27 Letters of the refractoriness of the Magistrates and Ministers of Weymouth to the Parliaments Orders 28 Letters That C. Cooke with 3000 men fell upon the Enemy being 5000 routed and killed of them about 1500 near Limerick That three Ships were wrecked near Plymouth by Storms 29 Letters That C. Blake hearing of a French Man of War lying to take the English Merchants coming out of the Streights he with the Phoenix and his own Fri got found out and fell upon the Frenchman and after some honrs Fight took and brought her into Cadiz That C. Mildmay took another French Ship laden with rich Commodities 30 Letters That the Jersey Pyrates took two Dartmouth Ships and three other Ships Of the increase of the Plague about Exeter That by Great Shot from the Castle eight or nine Persons were killed most of them Scots and three Women December 1650. 2 Letters of an Insurrection in Norfolk begun for the King but soon dispersed by some Troops of Colonel Rich his Regiment Letters of C. Monk's being set down before Brothwick-Castle and of a Ship with Arms come in to the Enemy That some Differences were between the Committee of Estates and the Kirk about their General Meeting but over-voted by the Ministers to comply with the King That upon the News of the Parliaments Victory in Scotland the King of Portugal released the English Merchants and resolved to send an Ambassador into England to the Parliament A Souldier Sentenced to death for running away from his Colours upon his March to Scotland 3 An Act passed for Mr. Manby that no other shall make use of his Invention for boiling of Liquors for 14 years 4 Letters of a Minister in Taunton endcavouring in his Sermon to possess the People That the present Magistrates in England were against Jesus Christ 5 That some London-Ships in sight with French-Ships fired themselves and the French together That the French-Ship taken by C. Blake was worth a Million 6 Letters That Whaley and others to the number of 5000 Men were marched towards Scotland to joyn with the Army That in his March he took in Dalkeith-Castle the Wall whereof was 13 Foot broad at the top and in it he took store of Arms Ammunition and Provisions That the English Souldiers married divers of the Scots women 7 An Account to the Parliament by an Officer of C Rich who was present at the suppressing the Insurrection in Norfolk 9 Letters That C. Ker attempting to fall on Major General Lambert in his Quarters his men took the Alarm incompassed C. Ker's men being all Horse killed 100 of them took 100 Prisoners and 400 Horse That the Kingly Party carried it to Vote C. Straughan's Declaration to be scandalous and tending to Division but questioned none of the Parties to it but divers Lords and Ministers protested against this Vote That the First of January next the King's Coronation is appointed and in the mean time two Fasts one for the Sins of the King and his Family the other for the Sins of the Kirk and State 10 An Act passed for establishing an High Court of Justice in Norfolk c. for punishing the late Insurrections there Votes passed touching Additional Pay for the Souldiers and for preventing of free Quarter 11 Letters of the Death of the Queen Regent of France Of Letters come to the Spanish Ambassador at London carried first to the Councel of State 12 Letters of the Militia setled in several Places Of the ceasing of the Plague in Shrewsbury and thereupon that the Markets were as full as ever 13 Letters That in the Pursuit of C. Ker's Men the C. himself was taken Prisoner and wounded That yet the Scots reported Major General Lambert was taken Prisoner and all his Party five Regiments defeated and a Scotchman swore that he saw Major General Lambert and twelve Colours carried into Sterling That the King is to make his Repentance for his endeavour to escape That the purging of the Kirk and State is intended but no Malignant to be excluded but those of the Honest Party to be laid aside 14 Letters That one Levinston a Minister one of the Commissioners sent to the King at Breda came to the Committee of Estates professing sorrow for his acting as a Commissioner and that the Blood spilt at Dunbar lay upon the Commissioners that he would retire and repent That Captain Hammond was killed from the Castle That the Great Guns and a Mortar-piece were come from London to Leith And That the Souldiers were much pleased with the good Bisquet sent them from London 16 Letters from the General to the Speaker of the Results of the Treaties with Colonel Straughan and other Scots Officers and an Account
had a Colonel a Captain and about 14 of the Parliaments Souldiers Prisoners with them whom they kept in a Cellar and as he understood they intended to starve them That there are 25 Men of War belonging to Jersey Scilly the Isle of Man and Galloway 18 Letters That the Scots have chosen a Committee of Sixty to mannage the Affairs of the War with the consent of the Kirk Of Recruits come to the English Army and of four or five Prizes taken by the Parliaments Ships and brought into Leith and one worth 10000 l. with Commanders in her and one small Vessel taken by the Enemy 19 Letters That the Scots Parliament House raised the value of Coins as a 12 d. to 13 d c. That their Army was come up to 20000 l. That Money was come from the Parliament of England to their Army and flat-bottom'd Boats 11 Letters That a Party of Horse of the Enemy entred Lithgow but were beaten back the Governour was dangerously wounded and two of his Souldiers killed That the General had ordered a Rendezvous of all his Horse at Muscleborough That the English Ambassadors at the Hague were freer from Affronts than formerly since a Placart published by the States against them and punishing two or three Offenders That a Servant to C. Butler of the King's Party was apprehended for being one in the late Tumult at the Ambassadors House and confest his Master set him on The States ordered six of their Guards to watch every night at the Ambassador's Gate That the E. of Oxford and C. Sidney were gone into Flanders to fight a Duel with Seconds An Act passed for pressing 10000 Men as there should be occasion within one year An Act passed for continuing the Committee of the Army and Treasurers at War Another for continuing the Jurisdiction of the Court of Admiralty Letters from the Lord Deputy of the D. of Lorraines Undertakings with the Earl of Clenrickard for Assistance of the Rebels in Ireland That Van Trump lay before Scilley and declared That he would assist the English against it Of more Prizes taken by the Jersey Pyrates and of Captain Bennet's fighting with two of them four hours and came off with the Ships to whom he was Convoy Of a Prize brought in by Capt. Pen. That Lieutenant General Fleetwood by Command of the Councel of State published a Proclamation for all Officers and Souldiers by a Day to repair to their several Charges 23 Letters of Ships going out from Plimouth towards Jersey Of Recruits going for Ireland 24 Letters of the Fleets Arrival at Scilley and of the Guns heard from thence That the Governour of Weymouth set out a Boat full of Souldiers to couvoy some Vessels which a Jersey Pyrate espying came up to them and the Boat with Souldiers suffered the Pyrate to lay them on Board the Souldiers lying unseen but when the Pyrates men were on Board the Souldiers appeared and gave them such a Welcom that they hasted away and hardly escaped leaving the Captain and 12 of his Men dead 25 Letters of the General and his Army Marching out towards Fife That Captain Howard was made Captain of the Life-Guard and Captain Beak Lieutenant That the General contributed 50 l. and the Officers of the Army contributed freely to the Relief of the Necessities of the Godly People in Scotland 26 Letters That the General quartered at Hamilton and the Army about him That his March Allarm'd the Enemy that way and the Parliaments Ships allarm'd and kept them in Action at Brunt Island and that way where they made shew to attempt the Island to amuse them 28 Letters of the Armies March to Glascow where the Scotch Ministers railed in their Sermons against the English Army of Sectaries unjustly invading their Countrey and throwing down all Power both in Kirk and State That the General sent for those Ministers and moderately debated those Matters with them and shewed them wherein they were mistaken and thus sought to win them by fair means rather than to punish them That the Parliaments Commissioners in Ireland set forth an Order That the Lands of some of the Chief Rebels should not be under the Protection of the Parliaments Forces as the King's County c. And that all Persons Friends to the Parliament should by a Day remove themselves Goods and Families from those Places and the Commissioners are to assign them Lands in other Places 29 Orders touching Maimed Souldiers for their Relief Letters That 2000 of the Parliaments Souldiers and Seamen were Landed in the little Isles on the West of Scilly and That the Ordnance were heard thundring there many hours together 30 Letters That the English Ambassadors at the Hague received from the Councel of State the Votes of Parliament for their Return home which was sudden and unexpected both to the Ambassadors and to the States The Truth was That the Lord Ambassador St. John was irritated against the States by the Affronts offered to them at the Hague and not punished and he had little hopes of dispatching the Treaty with them according to his Mind especially as to his Proposal of Coalition He therefore sent his Judgment to his private Friends in Parliament who sway'd the House and as unexpectedly there as elsewhere the House passed their Vote for Recalling their Ambassadors from Holland Upon this News the States sent presently to the Ambassadors to know the Certainty thereof and expressed much trouble and sorrow That the Ambassadors would return before the Treaty were brought to a Conclusion and earnestly at several times by one of their own Number sent to them and pressed the Ambassadors to stay They answered That they must obey the Order of Parliament But at length they sent Mr. Thirloe the Lord St. John's Secretary back with the Messenger to England to know the further Pleasure of the Parliament concerning their Stay or Return That in the mean time the States proceeded in the Business of the Treaty with England and laid aside all other Affairs and professed great Desire of a near Amity with England and said that Time must perfect all things That six of the Ambassadors Gentlemen going up into Germany to see those Parts were taken Prisoners by some Lorain Troopers and pillaged and were to pay 1200 l. for their Ransom May 1651. 1. Letters that Major-General Harrison and Collonel Rich were come with their Forces in Lancashire and an account of Recruits going willingly for Ireland 2. That the General was at Glascow that the Enemies Levyes went on slowly and the factions of Hamilton and Argile were very high Letters That the Parliaments Fleet at Scilly had taken Grinsby after 3 times being beaten off and that they had taken 2 Irish Frigats of 30 and an other of 24 Gunns 3. Letters of a boat Loaden with Oats taken by the Scots That the Parliaments Soldiers at Scilly had taken all the Islands except St. Maries and had taken 3 of their Frigats killed 14 of
the same Night the States sent to the Ambassadors which they had not done in a moneth before to know if they might not come to the Ambassadors the next morning to conferr with them about the Treaty To which the Ambassadors answered That they might if they pleased That the next morning the Commissioners from the States were taking the Coach to come to the Ambassadors but fell out among themselves about the Message they were to bring and so sent to excuse their not coming that day That some of the Provinces disagreed as to the neerer Amity but whether contrived for some excuse of their unsufferable delays was not certain but that they would fain see the issue of their affairs in Scotland before they come to a Conclusion with the English Ambassadors is agreed by all 25. Mr. Love the Minister was again before the High Court of Justice and confest that the Conspirators met at his house for furthering the Scots designs and that letters were received and answers sent from thence c. but that he did not personally act any thing 26. Letters That 6 Merchants Ships of London loaden with Provisions with a Man of War for their convoy were come into Lieth but a Ketch loaden with wheat was by the way snapped by the Scots That the Duke of Bucks was much taken notice of for his Lasciviousness and that they called Bastards Buckinghams Birds That the General and his Officers kept a Fast and the General himself expounded a place in Scripture to them That the Ships with mony from the Parliament were in sight The Ambassadors St. John and Strickland returned from the Hague to London 27. Letters That a party of the Army fell upon and ruined 300 of the Rebels in the Kings County 28. Letters of a Ship arrived at Lieth with 80000 l. for the Army and 30 Sail of Ships with Provisions That the Scots kept a Fast and hanged a Corporal of theirs for having a List of their Army in his pocket because they said it was to give intelligence of it to the English That a Ketch of the Parliaments went to seise some Boats of the Scots loaden with Meal but a Scotch Frigat coming into rescue them fell upon the Ketch who sailed purposely over a shallow place and the Scots Frigat pursuing her stuck upon the Sand in the mean while the English Ketch fell upon the Scots Boats and sunk them all 30. Letters That the English Army had 6 weeks pay and were ordered to be ready for a March and that the Scots Army were upon their March and had their Train ready That there was a Mutiny among the Scots for want of Provisions That the General lost 40 Dragoon Horses taken by the Enemy Letters That those risen in Cardigan-shire expected great assistance from other Counties and were assured that the King was within 40 Miles of them with a great Army and that all England was up in Arms for him that if they had not been suppressed in that time they would have been very troublesome An Account of the Care taken for Convoying of Merchant Ships and of two French Ships taken Prizes July 1651. 1. Letters of the tendition of Athlow and all the Garrisons betwixt that and Lymbrick to the Parliament That Reynolds desires to be hastened for Scotland That the Lord Broghills Quarters being attempted to be beaten up by the Lord of Muskerries Regiment of Horse the Lord Broghill followed them with 100 Horse only and after 6 Miles march overtook them drawn up in 4 great divisions on the other side of a Pass where but 3 could go a breast above 50 yards That there the Lord Broghill charged them and after a handsome dispute gave them an intire rout most of their men were killed and wounded among which were 16 Officers the best men they had That they got store of Horses and Arms and the Lord Broghill lost not one Man and had only 8 wounded and none of them mortally That one of the Prisoners taken was Cornet Bronal who had formerly served under the Lord Broghil in Ireland and therefore he caused him to be shot to death for a Runaway That this was the first time of a Fight of Horse to Horse in these Irish Wars That hearing of another party of the Enemy neer the Lord Broghil marched up to them with 2 Troops of Horse and one of Dragoons and fell upon a party of 3 Regiments of their Horse who having the advantage of a Bridge fought very well and put 60 of the Lord Broghils Horse to a stand and indeed to some disorder But at length they routed the Enemy and had the Execution of them for 5 miles so as 't is thought not ten of them got off and not above 3 unwounded That the Lord Broghil took but 29 Prisoners most of them Officers or Gentlemens Sons and he lost but one Man killed and 6 of his own Troop wounded and his Cornet who did gallantly was mortally shot That as he was in this execution a body of the Rebels Foot and a Troop of Horse appeared whereupon the Lord Broghil rallyed a party together and went to fight them but some of their Scouts being killed they all fled faster than his weary Horse could follow them to the fastness of a great Wood. That Mr. Love was again before the High Court of Justice where Mr. Hales his own Counsel was heard to plead for him 2. An account of Recruits landed in Ireland and of 5 prizes taken by Pyrats from the Isle of Man where they harboured Letters That a Parish in Jersey refused to obey the Governour Carteret who committed the chiefest of them 3. Letters of the disorder of 3 Troopers taking the Swords of some Travailers from them upon the High-way for which the Troopers were punished An account of Recruits who went cheerfully for Ireland 4. Letters That the Earl of Castlehavens Life-guard as many of them as were Protestants sent before for leave and came in to the Lord Deputy and many of the Inhabitants of the Country by leave went home to their habitations That the Lord Deputy made a Bridge over the Shannon and built a strong Fort which commanded the River both above and below That the Enemy assaulting Collonel Hassells Garrison was beaten off and that Captain Gibbons routed another party of them That Collonel Zankey with 1500 Horse and Foot was sent against a party of the Enemy and that the Lieutenant General with a considerable party went within two miles of Galloway and there took so great a prey that they were forced to leave many of them behind for want of drivers That the Lord Deputy took the Castle at the Weare having made but one Shot at it which killed 3 men and the rest ran away but were taken and some after quarter promised were killed for which Justice will be done That the Lord Deputy sent a Summons to the Governour of Lymbrick to render it to the use of
him quarter upon the refusal whereof they cryed kill the fellow in the Gold lace coat Which in all probability had been effected if a Reformado Leiutenant of his Troop had not come in to his rescue whose Horse was killed on that account and himself twice shot the Lord Broghil got off with a dry Pike beating by the Pikemen but his Horse received 3 Shots That the Irish lost 600 men among which many Officers Prisoners but few were taken besides some Officers of the Field That the defeated Army had designed conjunction with the Lemster Forces and the relief of Lymbrick 12. An Act passed to put the Militia in London and the several Counties into a present posture An Act passed prohibiting correspondence with the King and his party And declaring the successes in Scotland and that the King was fled into England and that it should be death to give any intelligence or assistance to them 13. An Act passed to expel Delinquents out of London and that all give in what Arms they have or know of and for raising of Forces And to indemnify all listed Persons in the Service of the Parliament An Account of Forces shipped for Scilly An Account of Forces preparing in Lancashire and Cheshire to joyn with Major-General Harrison 14. Letters That the King marched out of Perith with his Forces and Major-General Lambert quartered there next night that they took up many Straggling Scots That Major-General Harrison was in the Van of them that 16 great Lords of Scotland had deserted the King for invading England 15. Letters That the Scots were neer Preston that Cheshire had sent out 3000 Foot to maintain Warrington Bridge against the King and Lancashire was not wanting that in Coventry 700 Men were got together and That men were very ready to joyn against the Scots Of securing disaffected Persons That the Scots Army are supposed to be 12000 besides their Train That Major-General Lambert was within half a days march of the King and Cromwel was not far behind that the Scots were gone the ready way to Lancashire That the English Scouts took a Scots Laird and some letters to Mr. Crofts 16. Letters That the Towns in Fife began to revolt supposing that all the English were gone out of Scotland That Collonel Alured Stormed and Reduced them again killed many and took 200 Prisoners and took divers Arms Colours and great Guns That the Scots Army was advanced to Preston and in great confusion That Major-General Lambert with 4000 Horse pursued them and Cromwel with 10000 Foot followed him and Major-General Harrison with a considerable body coasted them with 4000 Horse more and many Forces were ready in the Countries they were to pass to joyn with them and Vessels were sent with intelligence to the Frigots That 3000 Lancashire Foot had undertaken to secure the pass at Warrington and that Lambert and Harrison were joyned that Cromwel was within 2 days March with 1000 Foot 18. Letters of the Soldiers to their fellow Soldiers to incourage them to oppose the Scots From Major-General Harrison to the Councel of of State that Lambert and he were joyned and were about 6000 Horse in the Van of the Enemy That the Enemy made some halt on a Moore 4 miles from Lancaster which some what amazed them but they went on to Preston and designed to get before to the pass at Warrington where were 3000 Foot to joyn with Lambert and Harrison who intended to march thither That they heard the King was cast down for that his Subjects came in no faster to him and did not answer his expectation in persons or number but divers ran away from him That Cheshire had been very forward in their Levies and most of the 3000 Foot came from thence that he was assured of a glorious issue of this work That Cromwel was come into England with 8 Regiments of Foot and the Train the Soldiers tyred with a long march That Newburn carried good store of Provisions to the Soldiers among whom was not a loud word or an Oath That Collonel Lilburn marched with 1000 Horse to joyn with Lambert That the English before Sterling Castle killed 30 of the Castle Soldiers in one days battery From the Governour of Oxford to the Councel that the Vice-Chancellor and Colledges had raised 120 Horse for the Parliaments Service and had ingaged in the University and City to raise a Regiment of Foot 19. Letters from Lambert and Harrison That the Scots Army came and pressed to pass at the Bridg and Fort neer it which we had broken down and spoyled as well as we could in so short a time a Company of our Foot were drawn down to the barricadoe of the bridge who behaved themselves gallantly and gave the Enemy opposition till we saw cause to draw off securing their retreat by parties of Horse Which we did because we were unwilling to ingage our Army where our Horse could not do us Service for the inclosures The Enemy thereupon hastened over their whole Army and their King in the Van if not forlorn with his own life guard as some Prisoners told us since and pressed hard upon our Rear whereof Collonel Rich had the guard who wheeled off parties and charged them thrice as they came on and the Lord caused the Enemy every time to fly before us Wee killed the Officer that commanded one of their parties and 2 or 3 Troopers and some Country men since tell us that 28 of theirs were slain in the several Skirmishes and but 4 of ours that I can hear of there and at the Bridg. As they fell on they cryed Oh you Rogues we will be with you before your Cromwel comes which made us think they would press to ingage us with all Speed We are drawing up at Knock-forth Moore to wait them but since we hear they are marched a good part of the night on London Road. Lambert wrote thus to the Councel I sent to you before my thoughts of the untenableness of the pass at Warrington since which the Enemy pressing close after us came to Warrington Town before we could get the Bridg broken The Enemy pressed hard on us in the lanes but we came off well I commanded the rear-guard to charge which they did and routed the Enemy and their own men falling foul upon their other 2 Bodies routed them also We had the pursuit of them at least a Mile we killed him who commanded the party and about 8 more and took 6 Prisoners besides divers wounded this gave us time to ride 2 miles without any more trouble and to draw out a new Rear-guard of Collonel Rich his Regiment Which having done they again ingaged us and we charged them with the same Success killed and took the same number and after marched quietly to Knock forth Heath and lost but one man who was taken Prisoner pursuing a Trooper That we endeavoured to amuse the Enemy and to flank and front them till
several persons in the North to raise Forces for him The Parliament ordered 500 l. to Collonel Lilburn 200 per Annum as a marke of Honour for his faithful service and 100 l to his Lieutenant that brought the news from him And ordered that the Ministers in the respective Churches in London and Westminster do the next Lords-day give thanks to God for the surrender of Sterling Castle and for the defeat of the Earl of Derby and pray for a blessing upon the Parliament Forces now neer an Ingagement The Parliament ordered to Collonel Mackeworth a chain of Gold with a medal as a mark of their Favour for his faithful and gallant refusal of the Kings Summons to render Shrewsbury Castle Letters That the Generals Head quarters were within 2 miles of Worcester that the Enemy seemed to be resolved to venture all at Worcester in and about which place all the Kings Army were and they had raised a new Fort that the Parliaments Guards were within Musket Shot of it and General Fleetwood with his Body lay at Vpton That the pass at Vpton Bridge was taken by Major-General Lambert That a party of the Enemy sallyed out of Worcester but the Parliaments Forces beat them back to their works and killed 14 of their men that the Country came in freely to the Parliaments Army That Massey with a Troop of Horse ferried over the Severne between Tewksbury and Glocester and discoursed with some Women there who say that Masseys Horse was killed under him at Vpton and he wounded in the Hand and Leg. That the Enemies Horse incamp a mile on the other side of Worcester and their Foot most part in Worcester That Cromwel drew his Army in the face of Worcester but they would not meet him with their Army but there was some small pickeering and Shooting of Muskets behind the Hedges but nothing considerable attempted 31. The Lords-day the Ministers who were not of the rigid Presbyterian judgment gave thanks in their Churches for the successes of the Parliaments Forces in Scotland and against the Earl of Derby according to the Parliaments Order for that purpose And they likewise prayed to God for his blessing upon the Parliaments Forces now neer to an Ingagement with the Enemy But some of the more rigid Persons did not think fit to observe that Order but neglected it and had their private Meetings to pray to God to bless their Brethren of the Prebytery and their Country-men September 1651. Sept. 1. Letters from Major General Lambert's Quarters That he marched 28. Aug. in the Morning with a Party of Horse and Dragoons from Evesham towards Vpton about Ten in the Morning he approached to the Bridge over the Severne which the Enemy had broken down all but a Foot Plank The Dragoons got up upon the Bridge before the Enemy in the Town who were about 2 or 300 Horse and Dragoons took the Allarum while they fired upon the Bridge against the Enemy in the Town being within their sight and shot our Horse partly forded and partly swam over the River about Pistol-shot from the Bridge We and the Dragoons advanced withal and forthwith by the Major General 's Order took possession of the Church upon a little Hill near the Bridge-foot being about eighteen The Enemy drew up and came to the Church and shot their Pistols and thrust their Swords in at the Windows but the Dragoons gallantly fired upon them killed three or four of their Men eight or nine of their Horse and took one Scot shot in the Arm Massey's own Horse being killed upon the place and we are very strongly informed Massey shot in the Arm. By this time our Horse were come up in a small Party at whose appearance the Enemy faced about without charging our Men had the Pursuit but not knowing but that the Enemy might be a great Body forbore And Major General Lambert sent for Lieutenant General Fleetwood with his whole Brigade where my Lord Grey is to make good what they had gained being four Miles behind He presently mounted 300 Foot behind Troopers and hastened to the Bridge the rest following Major General Lambert in the mean time using abundance of diligence to make up the Bridge for the Party to march over and receiving no interruption from the Enemy it was speedily accomplished so that we marched all over the Passe at night Two Guns came to us and we had a hot but false Allarum that night Collonel Blundell commanded the Guard and at night took the Prisoner whose Examination is inclosed In the Morning Collonel Blundell sent out another good Party of Horse and Dragoons who marched Three Miles toward the Enemy and had Scouts a Mile and a half further but discovered no Enemy only being in the sight of Worcester they discovered the General with his Forces near Worcester and his Guns playing upon the Town Major General Lambert and Major General Deane themselves wrought in the making up of the Bridge and as soon as it was done the General sent to them to come to him then near to Worcester Major Mercer carried himself stoutly and gallantly in this Business and indeed Massey brought up the Rear very stoutly when they turned about at least forty Carabins were shot at him within half Pistol-shot and he was for certain shot in the Hand and Thigh This was a very seasonable Mercy and more advantageous than can well be expressed Major Mercer possest Maxfield House betwixt Vpton and Worcester the Enemy quitting it upon our taking the Passe This day the General came to visit us at this Passe and was entertained with abundance of Joy by extraordinary shouting of each Regiment Troop and Company as he went to salute them That the Enemy lay in and near Worcester on Hereford-shire side the Lord General on this side Lieutenant General Fleetwood on the other side at Vpton That the Enemy had burnt down the Suburbs of Worcester to the Walls round about That their Grandees are much distracted and think they were betrayed into this Place many Sallies they have made but were beaten back once they Sallied out with 1000 upon 300 of ours but they were gallantly repulsed and seven or eight of them killed with the Commander that led them On Saturday the Lord General was with the Lieutenant General viewing his Forces and consulting how to carry on the Work when the Boats were ready that his Train was come to the Lieutenant General From Scotland of gatherings of the Scots especially Highlanders who plundered the Country People and then fled up to the Hills where the Parliament Forces could not follow them That the Lieutenant General in Scotland marched with a considerable Party and some Great Guns towards St. Johns Town near which the Scots were making new Levies but they were all dispersed That the Lieutenant General sent a Summons to the Town of Dundee and the Country about to come in and submit to the Parliament of England but they
That the Tories doe much mischief To prevent which and other inconveniences the Parliaments Commissioners in Ireland published a Declaration excepting severall places from the protection of the Parliament from which all friends to the Parliament are to remove their Persons Families and Goods and those that remain in those places shall be taken as Enemies slain and destroyed And all Intelligence forbid with them and that those who shall remove from those places shall have other Wast-lands assigned them and places for their habitations 23. Dr. Walker and Dr. Turner added to the Committee for regulating the Law Order for an Act for Confiscation of the Estates of several persons in Scotland and for pardoning of the rest An additionall Act passed for Sale of the remainder of Fee-farm Rents Referred to the Councel of State to nominate Persons for Administration of Justice in Scotland Order for an Act to prevent the Mischiefs and Robberies upon the Borders and for settling of the Fishing upon Tweed Report from the Committee for regulating the Law of an Act for Marriages to be made before Justices of the Peace That Committee presented to the Committee of Parliament to be reported to the house the draughts of Several Acts viz. For taking away Fines upon Bills Declarations and Original writs Against Customary Oaths of Fealty and Homage to Lords of Mannors For taking away common Recoveries and the unnecessary charge of Fines and to pass and charge Lands intailed as Lands in Fee-Simple For ascertaining arbitrary Fines upon discent and alienation of Copy-holds of Inheritance For the more speedy recovery of Rents Touching Pleaders and their Fees For the more Speedy regulating and easie discovery of debts and damages not exceeding 4 l. and under 24. Letters That the new chosen Magistrates of Edenburgh had Subscribed their Assents to the Union with England and taken the same Oath that the Mayors of Cities and Towns in England do take and that other Burghs in Scotland sue for Licence upon the same terms to chose new Magistrates That in many parts of Zealand the people are so mad against England that it is dangerous for an English man to be among them but in other places they are in a better temper 26. Letters That Captain Pen came to Pendennis with his Squadron and 5 Prizes which they had taken in the Streights That Prince Rupert with 3 or 4 Ships was upon the Coast of Barbary but his Ships so much eaten out with Arckes that they were not able to keep the Sea Of Recruits Shipped for Ireland 27. Letters That Major Salloway was returned from meeting with the Marquess of Argyle which was with much seeming Love and Kindness None were present at the Treaty but the Marquess and one of his Kinsmen and Major Salloway and Major-General Dean That 40 Sail of Ships were come into Lieth Harbour with Provision and Merchandise from England so that the Deputy-Governour published a Proclamation That no Ship or Vessel should have any Fire or Candle in them but at a certain time of the day That one English Frigot went up to 3 Dutch-men of War who refused to strike Sail to her and with a Broad-side of above 20 Guns perswaded them all to strike to the English Frigot 29. Letters That there is no doubt of a fair Compliance by the Marquess of Argyle with the Commissioners He insists upon Protection and Freedom for himself and his Tenants and their Estates and payment of the Debts owing to him from the Parliament of England Proposals were tendred to the Committee for propagating the Gospel for Supply of all Parishes with Able and Godly Ministers for settling of right Constituted Churches c. An account of the Forces come away from Jersey and of Recruits for Ireland Shipped That the States of Holland sent an express for all the Captains of their Men of War forthwith to go down to their Ships and to stay all Shipping going for England which Imbargoe raiseth thoughts that they intend a War against England 30. Reports to the Parliament from the Commissioners for Scotland of the Form of consent of the Deputies of the Shires and Boroughs of Scotland to the Vnion with England into one Common-wealth without a King or House of Lords and to live Peaceably in the mean time with submission to the Authority of the Parliament of England With their Petition for New Magistrates to be chosen of such as consent thereunto and that Course may be taken with the Ministers who preach against this Vnion April 1652. 1. Letters of Recruits Shiped for Ireland A Letter Signed by Gerald Fitz-Gerald in behalf of an Assembly of the Irish in the Province of Leinster to the Parliaments Commissioners for Ireland setting forth the Calamities of War and the blessings of Peace and the good inclinations of the Common-wealth of England to give reasonable Conditions to those that shall submit to them He desires a safe Conduct for the Inhabitants of the several Provinces to meet and choose Commissioners to Treat with and Propound such things to Commissioners to be appointed to meet with them as may conduce to the Peace and Settlement of that Kingdom The Commissioners in Ireland published a Declaration in answer to this Letter That they cannot in Duty and Honour own that of Gerald Fitz-Gerald for an Authority but declare That the settlement of the Affairs of Ireland doth of right belong to the Common-wealth of England the consideration whereof is at present before them 2. That in the Settlement thereof the Parliament will make distinction of such Persons as have lived Peaceably or having been misled have since submitted to their Authority and those who have acted or abetted the Murders and Massacres of the Protestants and such as adhered to them the first year of their Rebellion or such as continue in Hostility 3. That to grant safe Conducts to such as are in Hostility against the Parliament to meet and consult together is an Act to which the Commissioners cannot in Prudence consent 4. That for such as are now in Arms and are willing to lay them down and submit to the Parliament upon timely application to the Parliaments Ministers here for particular places and persons such moderate Terms will be consented unto as men in their condition can in reason expect Lieutenant-General Ludlow by advice with the English Commissioners and Field Officers of the Army returned answer to the Earl of Clanrickards Letters That the power of ordering the Affairs of Ireland belonged to the Parliament of England who would not capitulate with those in Arms against them but upon Application of particular Persons such favour would be shewed to them as they should deserve and should be reasonable Anno 1652 The Commissioners from the Rebels presented another Paper to the English Commissioners for a safe Conduct to such as should be appointed Commissioners by the Provinces to attend the Parliament To this the Parliaments Commissioners made
to Ayre were received of the Garrison of the Castle of Arran upon conditions That Ships were come to Leith with Provisions and horse meat A Petition of the Eastland Merchants residing at Dantzicke submitting and commending the late Act of Navigation which they do pray may be observed and remedy of abuses in their Trade Votes That all Wools brought into England shall be Excise-free That an Act be brought in to prevent the Exportation of Scotch Wools Woolfells or Leather Referred to the Councel of State to consider and prepare an Act touching the Adventurers for Ireland and the qualifications touching Ireland formerly read in Parliament and that they be impowred to transport such of the Irish as they shall think fit into Forrein parts and about Transplanting of the Irish from one part of the Nation to another And to consider of Satisfaction to such Officers and Soldiers as shall be disbanded in Ireland Letters of the Surrender of Galloway to the Parliaments Forces with a Copy of the Articles and several Letters between the Parliaments Commissioners and Sir Charles Coot in Ireland about that Business referred to the Councel of State Vote That the Committee for the Universities and the Committee of Indemnity do sit no more and the House appointed a day to consider of filling the House with new Members 23. Letters That the Isle of Arran in Scotland and Duke Hamiltons House the Castle there was upon Summons Surrendred to the Parliaments Forces the Island is 8 miles over and 24 miles in Length and those in the Castle told the Commander of the Parliaments Forces that if they could have kept the Castle against him they would not have Surrendred it but being they could not defend it that he and his Soldiers were welcome to it That the Inhabitants shewed much distast to Argyle but the Civil Carriage of the Parliaments Soldiers did much ingage them 24. Letters of several Ships come into Leith Road loaden with Hay and others with Merchandize That the Ship which brought the Money for the Army lost her â—udder at Yarmouth Road and so was hindered of her Voyage That Argyle was preparing of Forces and yet gave good words to the English Commissioners That great depredations were committed by the Highlanders That the Chancellour sought to come in and the Ministers in the West were busie in designing against England That Sir George Ascue had taken in the Barbadoes the Letters from him with the Articles read in Parliament and the Messenger had 100 l. given him by the House Debate upon Regulating of the prizes of Wine 26. Letters That Sir George Ascue landed but 200 at first under Captain Morris who beat up one of the Enemies Quarters and took from them a little Fort with 4 Guns which they spiked up without any Loss That the Virginia-Fleet came in thither but very weak and their Men sick yet Sir George took the advantage of the appearance of that Fleet and sent a new Summons to the Lord Willoughby But he refusing to submit Sir George modelled 400 into a Regiment and landed them at night and were gallantly received by the Lord Willoughbyes men but being night they thought the Assaylants more than they were and the Seamen with great Shouts running upon the Enemy they were so amazed that after a short dispute they all ran away Leaving a place where in a manner they were intrenched and 4 great Guns That this party thus routed were 1200 Foot and a Troop of Horse and Sir George lost but 7 or 8 men whereof one was Lieutenant-Collonel Allen of the Enemy were 100 Slain and 80 Prisoners The success was nothing towards the gaining of the whole Island the Enemy having then about 5000 Horse and Foot in Arms. That the Virginia-Fleet after 7 days went away and then Sir George upon Information of Collonels Muddifords interests in the Island and Affections to the Parliament Sir George sent to him and his Friends by giving them honourable Conditions and he joined with Sir George and made up 2000 Foot and 100 Horse That the People came in hourly to Sir George who went on Shoar to Collonel Muddiford and his Company and gave them full satisfaction of his Commission and the Parliaments intentions whereupon they engaged to live and dye with the Parliament That the Lord Willoughby understanding this marched up to them with all the Force he could make and one of Sir George his great Guns Shot in at the Door where the Lord Willoughby and his Councel of War were and carried away the Sentinels head That this night the Enemy marched 2 Miles from Sir George his men who had many designs but were hindred by the Rains for 3 or 4 daies together and before they could March the Lord Willoughby sent for a Treaty and in regard his strength was much the greater and to avoid the destruction of that goodly Island which was already much wasted Sir George sent his Commissioners to meet with the Lord Willoughbys Commissioners and they agreed upon Articles and it was surrendred to the Parliament The truth was that the Lord Willoughby was forced to this surrender knowing that his men would not stand to him but dayly did desert him and most of the Islanders took in with C. Muddiford against my Lord. Letters that the Frigot with the Mony was safely arrived at Leith narrowly escaping the Sands on which she struck six times upon the Coast of Yarmouth but was delivered by the breaking of her Rudder That Argyle and his Clans agreed to oppose the Parliament of England and that he had gotten 10000 Arms. That the Kirk began to piece again but the People were inclinable to the Union 27. Votes touching the payment of Debts upon publick Faith Referred to a Committee to consider how the Poor may be set to work and relieved and not suffered to beg and to review all the Acts touching the Poor and report the defects of them and to receive Proposals for the City of London or others touching the Poor An Act passed for the further ease and relief of poor Prisoners for Debt Letters That the Scots King was ingaged in mediating a Peace between the King of France and the Princes wherein he alledged his own condition and that of his Father and the King of France thanked him for his good Intentions and desired him to make the like Proposals to the Princes Which the Scots King did but the King of France refused to put away the Cardinal who offered to go away rather than to be a cause of continuing the miseries of France that the Princes doubled their Guards and the People were enraged against Cardinal Mazarini 29. Letters of the reducing of the Barbadoes to the same effect as before The Revolt of Collonel Muddiford and Letters from my Lady Willoughby to my Lord her Husband that the Kings Forces were defeated at Worcester and of the condition of the Affairs in England with her advice
all Estates be made liable to make satisfaction nor the rich turn Prisons into places of Protection 9. That none be pressed for War the power of Counties being sufficient to suppress all Insurrections and forrein Invasions 10. That Trade be free and exempt from Monopolies and disburdening Customs Excise and all Charges and all publick Monies to be equally raised 11. That all Sheriffs Justices Coroners Constables and the like be annually chosen by those of the place 12. That all Laws contrary to these Fundamentals be repealed 13. That Parliaments or Common-Councels of England may be returned to the old course to be annually elected and satisfaction given to the Nation in point of Accounts and the publick Faith satisfied arrears of Soldiers paid Juries duely chosen Registers appointed to ascertain all Mortgages and Sale of Lands care taken of the Poor and wast places assigned for them the Printing Presses set at liberty The Parliament debated the Business of the Dutch Ambassadors and passed these resolutions to the Ambassador in answer to his Papers 1. That the Lords the States General do pay to this Common-wealth the charges and dammages they have sustained by their attempts 2. That upon payment or securing thereof shall be a Cessation and their Ships and goods released 3. This being assented to and put in Execution the security for the time to come to be a firm amity and interest of the 2 States for the good of both The Parliament received another Paper from the Dutch Ambassadors that they were commanded Home and desired Audience to take their leaves which was appointed to morrow A Letter from the King of Denmarks Ambassadors for Audience they were appointed to have it the next day but one 30. The Dutch Ambassadors had Audience in the House with the usual Ceremonies The Lord Paw made a Latine Oration which he gave in writing to the Speaker with a Petition from the Merchants of the Intercourse they went all away this Night Letters from Amsterdam That the Dutch are very high against the English and for a War with them The Ambassadors having received the last Resolutions of the Parliament of England demanding satisfaction for all their Damages it gave such a distast to their Excellencies that they presently resolved according to their Instructions to return Home and went to Graves-End this day and many Letters came from Holland mentioning the great Preparations there made for the War at Sea July 1652. 1. Much discourse was upon the departing of the Dutch Ambassadors some Members of Parliament being unsatisfied with the dismission of them and that so high Terms were insisted on by the Parliament 2. Letters of 800 Irish come in and many Thousands of them stand out because they cannot be pardoned for their Murders From Collonel Hewson of his Proceedings and that an ambush being laid by the Irish for a Captain of the English and Collonel Pretty he escaped and a party sent out by Collonel Hewson killed 4 of them released their Prisoners and took divers Rebels and 16 Horses That another party sent out by him killed 40 of the Rebels and took 30 good Horses That Collonel Hewson denied to give or take any quarter with them That Slego was surrendred and that Sir Thomas Jones killed 2 Collonels 10 Captains and 300 of a party of 3000 of the Rebels and took all their Horse 3. Letters of the English Forces gotten into the Highlands of Ships come into Leith with provisions Of several late Successes in Ireland That the Enemy burnt Portumney Town and Collonel Ingolsby relieved them and routed all their Horse and Surrounded their Foot in a Bog That the Irish were in the Field with about 4000 Men. That the Lord Broghill did good Execution upon the Irish and pursued them 4 miles took 100 Horse and rescued a prey of 200 Beefs That the Lord Muskerry was come in to the Parliament with his Forces That General Blake with a gallant Fleet went Northwards and left Sir George Ascue to command the rest of the Fleet in the Downs who took 5 Dutch Merchant-men and General Blake took 2 Men of War and 2 Merchant men 500 Soldiers sent on Board Sir George Ascue That after this Sir George Ascue and the Fleet with him met with 40 Dutch Ships took 7 of them and burnt 4 and about 24 of them ran on ground on the French Shoar and he pursued the rest and this Fight was gallantly performed by him after so long a Voyage which his Ships had gone and were very foul 5. Letters from the Parliaments Commissioners in Ireland That Sir Charles Coote and Collonel Reynolds had reduced Slego That the Lord Clanrickard had sent for a Treaty and that the Lieutenant-General had routed a party of the Enemy and marched towards Rosse That the Lord Muskerry sent for another Treaty that the Lord Broghill took 80 Horse killed about 50 took Lieutenant-Collonel Supple and 2 Colours and Arms yet the Irish were double his Number and he regained 200 Cattle Of Recruits come into Ireland 6. A Declaration past concerning the differences of England with the Netherlands Letters from Sir George Ascue of his Fight with the Dutch who were 40 Merchants and 4 men of War he took 7 of them and burnt 3 and few that ran on Shoar escaped that the French defended them from the English yet coming on board their Ships plundred them That Captain Wright made a gallant Fight with one of them and forced him on Shoar and burnt him and Captain Wright lost 8 men and above 20 wounded and Captain Wright himself lost his Leg with a great Shot and few or none of his Officers but were wounded That of those Irish who submitted not a 4th man laid down their Arms. 9. Letters of Recruits sent for Ireland That some of the Parliaments Forces were marched 20 Miles into the Highlands where the Country of the Fraziers all except one inconsiderable Person with a few people came in and submitted to the Parliament That General Blake with a Fleet of 60 Sail passed in Sight of Dunbar towards the North to attend the Holland Busses and sent for the Frigots and Parliaments Vessels in those parts who went to him That the Scots reported the Dutch to have taken 25 Sail of the Parliaments Ships in a Fight there That divers Barks were come in to Air with provisions for the Parliaments Forces and 4 Frigots and several small Vessels come thither for their Assistance 10. Dr. Winston a Physitian in the beginning of the late Troubles by leave of the House of Lords went over into France and there continued till very lately that he returned into England in his Absence none being here to look after his Business for him his Estate was sequestred as if he had been a Delinquent and his place and lodgings as Physick Professor in Gresham Colledge were taken from him tho he had never acted any thing against the Parliament
winds 29. Of a Soldier in Scotland who had stollen Cloaths and coming up to the Centry was shot and dyed with the Cloathes under his Arms other Soldiers were Sentenced for stealing Cloaths Boots c. out of the Stores 30. That Holland were much inclined to have peace with England but that Zealand was averse to it Of an English Man of War who Fought with 2 Pickeroons 4 hours and many men being Slain on both Sides they parted Of several Ships from Stockholm Gottenburgh Hamborough Dantzick and other places arrived in the Thames with Hemp Pitch Tar and the like Commodities That the English Fleet now out at Sea and joined together were an Hundred and more Gallant Men of War well provided and manned for Service Cromwell and his Councel of Officers made a Committee to examine the Grievances and Oppression committed by Sir John Lenthal in managing the Prison of the Upper Bench both as to the Debtors and Creditors and how the same may be redressed May 1653. 2. Upon Letters from Cromwell and his Councel of Officers to Vice-Admiral Pen and the Officers and Sea-men under his Command they returned an answer of Submission to their Orders and of their readiness to joyn with them An acknowledgment and owning of the Dissolution of the late Parliament sent up from many in Durham and their ingagements to stand to Cromwell and his Councel of Officers 3. Letters That Captain Bodiley in the Streights took a very rich Ship of the Dutch a Merchant man and a Man of War besides and that he met and fought the great Pyrate Chevalier de Ferrier and killed and sunk 600 of his men Of a Dutch Man of War burned by accident in the Texel Of the English Fleet being come near to the Dutch Fleet. The Committee touching the Prison of the upper Bench. Ordered the Debtors there to shew Cause why their Estates should not be sequestred for payment of their just Debts for which they were in Prison 4. Many acknowledgments of the Justice of the late action in dissolving the Parliament were sent up to Cromwell and his Councel of Officers from several parties of the Army and from others in several Counties with ingagements to stand by them An Ostender brought 2 Prizes to Jersey and set their Men there on Shoar to get moneys for their redemption 6. Soldiers in Scotland for coyning new half Crowns of Pewter were Sentenced by a Court Marshal to have 40 lashes on their bare backs and to march through the High-street of Edenburgh with a counterfeit half Crown nailed to each of their Ears and that pieces of their Ears should be cut off with the half Crowns and nailed to the Gallows 7. A Letter from the Officers of the English Army at Edenburgh commending Cromwell and his Councel for the late action of Dissolving the Parliament and ingaging to stand and fall with them A Messenger of the Councel of State brought news that the English Fleet consisting of about 100 Sail was so near the Dutch Fleet being about 70 Sail that he saw the headmost of the English Fleet Fire upon the Sternmost of the Dutch Fleet and that the Dutch hastened what they could to escape An other Messenger brought word to the Councel of State that the Dutch Fleet fled away to the Texel and were pursued by the English Fleet who took 40 or 50 of their Dogger-boats from them that the people in Holland earnestly cry out for a Peace with England Letters that 300 Dutch Merchant-men who Sailed round about by Scotland to get home 6 of them were taken up by some English Ships there 9. The Committee touching the upper-Bench Prison gave in a List of 399 Prisoners in that Prison and the Rules and that their Debts amounted to above nine Hundred Thousand pounds A Remonstrance from the Town and Garrison of Leith approving the late action of Dissolving the Parliament and ingaging to assist Cromwell and his Officers The Commissioners for the Affairs of Ireland upon the Declaration of Cromwell and his Councel of Officers about the Dissolving the Parliament set forth a Declaration in Ireland that all Officers and Soldiers and others should proceed in the Execution of their several Charges and Trust that the Enemy might not take any advantage of the late change in England and they ordered a day of publick Humiliation The Queen of Sweden offered to the States their mediation of Peace betwixt England and them Of divers Fisher-men taken by the English Ships 10. The English Fleet Sailed by the Texel along the Dutch Coast to the Northward and took 54 Busses going a Fishing 3. Captain Bodiley returned from the Streights with 8 Men of War and 8 Merchant-men to the Downs A Frigot took 2 private Dutch men of War 11. A Remonstrance of the General Councel of Officers at Dalkeith in behalf of themselves and the Forces in Scotland shewing their Concurrence with Cromwell and his Councel of Officers at White-Hall in dissolving the Parliament 12. That Prince Rupert went little abroad in France and was very sad that he could hear nothing of his Brother Maurice 13. Letters That some of the Kerns in Ireland having got together in Arms Collonel Nelson with a party fell into their Quarters by break of day killed about 300 of them took 900 Cattle and 2 Garrons 40000 l. sent to the Soldiers in Ireland That Captain Barrow took O Ronies Island in Ireland and put 80 there to the Sword 14. The Councel of State ordered new Treasurers for the Excise and a Committee to consider how all the Treasuries of the Common-wealth may be best managed Of a Bark of Jersey taken by a Dutch Man of War and a French man by Commission from the Scotch King Of much sickness amongst the Dutch Prisoners at Southampton whereof many of them were dead 16. Letters from the Fleet that they were in pursuit of Van Trump and his Fleet to the North-ward and came upon the Coast of Scotland that divers Dutch Marriners Prisoners at Tinmouth were by the Governour distributed into the Colliers Ships and their names taken this was to avoid the charge of keeping them 17. A private Soldier was Sentenced to be shot to death for killing a man in Holborn That the English Fleet were at Aberdeen in Scotland That the Sweeds had 20 Men of War at Sea The Lord Chandois and Count Arundel were tryed in the Upper-Bench for Killing Mr. Compton in a Duel and were found Guilty of Man-Slaughter by the Jury One Faulkener who was Witness against the Lord Craven upon his Sequestration was tryed in the Upper-Bench for perjury in the Tryal it was proved that at Petersfield in Sussex Faulkener kneeled down upon his knees in the middle of the Town and drank a health to the Devil 18. Letters That the Dutch much rejoiced at the Dissolving of the Parliament hoping for some disabling of the English
Parliament and given signal Testimony of their good Affections thereunto shall be disabled and be uncapable to be Elected or to give any Vote in the Election of any Members to serve in the next Parliament or in the three succeeding Triennial Parliaments XV. That all such who have advised assisted or abetted the Rebellion of Ireland shall be disabled and uncapable for ever to be Elected or to give any Vote in the Election of any Member to serve in Parliament as also all such who do or shall profess the Roman Catholick Religion XVI That all Votes and Elections given or made contrary or not according to these Qualifications shall be null and void And if any person who is hereby made uncapable shall give his Vote for Election of Members to serve in Parliament such person shall lose and forfeit one full years value of his real estate and one full third part of his personal estate one moity thereof to the Lord Protector and the other moity to him or them who shall sue for the same XVII That the persons who shall be Elected to serve in Parliament shall be such and no other then such as are persons of known Integrity fearing God and of good conversation and being of the age of One and twenty years XVIII That all and every person and persons seized or possessed to his own use of any Estate real or personal to the value of Two hundred pounds and not within the aforesaid Exceptions shall be capable to Elect Members to serve in Parliament for Counties XIX That the Chancellor Keeper or Commissioners of the Great Seal shall be sworn before they enter into their Offices truly and faithfully to issue forth and send abroad Writs of Summons to Parliaments at the times and in the manner before exprest And in case of neglect or failer to issue and send abroad Writs accordingly he or they shall for every such offence be guilty of High Treason and suffer the pains and penalties thereof XX. That in case Writs be not issued out as is before exprest but that there be a neglect therein fifteen days after the time wherein the same ought to be issued out by the Chancellor Keeper or Commissioners of the Great Seal that then the Parliament shall as often as such failer shall happen assemble and be held at Westminster in the usual place at the times prefixt in manner and by the means hereafter expressed That is to say That the Sheriffs of the several and respective Counties Sherievedoms Cities Boroughs and places aforesaid within England Wales Scotland and Ireland the Chancellor Masters and Scholars of the Vniversity of Oxford and Cambridge and the Mayor and Bayliffs of the Borough of Berwick upon Tweed and other the places aforesaid respectively shall at the several Courts and places to be appointed as aforesaid within Thirty days after the said Fifteen days cause such Members to be chosen for their said several and respective Counties Sherievedoms Vniversities Cities Boroughs and places aforesaid by such persons and in such manner as if several and respective Writs of Summons to Parliament under the Great Seal had issued and been awarded according to the Tenor abovesaid That if the Sheriff or other persons authorized shall neglect his or their duty herein That all and every such Sheriff and person authorized as aforesaid so neglecting his or their duty shall for every such offence be guilty of High Treason and shall suffer the pains and penalties thereof XXI That the Clerk called The Clerk of the Common-wealth in Chancery for the time being and all others who shall afterwards execute that Office to whom the Returns shall be made shall for the next Parliament and the two succeeding Triennial Parliaments the next day after such Return certifie the Names of the several persons so returned and of the places for which he and they were chosen respectively unto the Council who shall peruse the said Returns and examine whether the persons so Elected and Returned be such as is agreeable to the Qualifications and not disabled to be Elected And that every person and persons being so duly Elected and being approved of by the major part of the Council to be persons not disabled but qualified as aforesaid shall be esteemed a Member of Parliament and be admitted to sit in Parliament and not otherwise XXII That the persons chosen and assembled in manner aforesaid or any Sixty of them shall be and be deemed the Parliament of England Scotland and Ireland and the Supream Legislative Power to be and reside in the Lord Protector and such Parliament in manner herein exprest XXIII That the Lord Protector with the advice of the major part of the Council shall at any other time than is before exprest when the necessities of the State shall require it summon Parliaments in manner before exprest which shall not be Adjourned Prorogued or Dissolved without their own consent during the first three Months of their Sitting And in case of future War with any Foreign State a Parliament shall be forthwith Summoned for their Advice concerning the same XXIV That all Bills agreed unto by the Parliament shall be presented to the Lord Protector for his consent and in case he shall not give his consent thereto within twenty days after they shall be presented to him or give satisfaction to the Parliament within the time limited That then upon Declaration of the Parliament That the Lord Protector hath not consented nor given Satisfaction such Bills shall pass into and become Laws although he shall not give his consent thereunto provided such Bills contain nothing in them contrary to the matters contained in these Presents XXV That Philip Lord Viscount Lisle Charles Fleet-wood Esquire John Lambert Esquire Sir Gilbert Pickering Baronet Sir Charles Wolseley Baronet Sir Anthony Ashley-Cooper Bar. Edward Montague Esq John Desborough Esq Walter Strickland Esq Henry Lawrence Esq William Sydenham Esq Philip Jones Esq Richard Major Esq Francis Rous Philip Skipton Esqs or any Seven of them shall be a Council for the purposes exprest in this Writing and upon the Death or other removal of any of them the Parliament shall nominate Six persons of Ability Integrity and fearing God for every one that is dead or removed out of which the major part of the Council shall Elect two and present them to the Lord Protector of which he shall Elect one And in case the Parliament shall not nominate within Twenty days after notice given unto them thereof the major part of the Council shall nominate Three as aforesaid to the Lord Protector who out of them shall supply the vacancy And until this choice be made the remaining part of the Council shall execute as fully in all things as if their number were full and in case of corruption or other miscarriage in any of the Council in their Trust the Parliament shall appoint Seven of their numbers and the Council Six who together with the Lord Chancellor Lord Keeper or
Commissioners of the Great Seal for the time being shall have power to hear and determine such corruption and miscarriage and to award and inflict punishment as the nature of the Offence shall deserve which punishment shall not be pardoned or remitted by the Lord Protector And in the interval of Parliaments the major part of the Council with the consent of the Lord Protector may for Corruption or other Miscarriage as aforesaid suspend any of their number from the exercise of their Trust if they shall find it just until the matter shall be heard and examined as aforesaid XXVI That the Lord Protector and the major part of the Council aforesaid may at any time before the meeting of the next Parliament add to the Council such persons as they shall think fit provided the number of the Council be not made thereby to exceed One and twenty and the Quorum to be proportioned accordingly by the Lord Protector and the major part of the Council XXVII That a constant yearly Revenue shall be raised setled and establisht for maintaining of Ten thousand Horse and Dragoons and twenty thousand Foot in England Scotland and Ireland for the Defence and Security thereof and also for the convenient number of Ships for guarding of the Seas besides Two hundred thousand pounds per annum for defraying the other necessary Charges for administration of Justice and other Expences of the Government Which Revenue shall be raised by the Customs and such other ways and means as shall be agreed upon by the Lord Protector and Council and shall not be taken away or diminishe nor the way agreed upon for raising the same altered but by the consent of the Lord Protector and the Parliament XXVIII That the said yearly Revenue shall be paid into the Publick Treasury and shall be issued out for the Vses aforesaid XXIX That in case there shall not be cause hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof the Money which will be saved thereby shall remain in Bank for the Publick Service and not be employed to any other use but by consent of Parliament or in the intervals of Parliament by the Lord Protector and major part of the Council XXX That the raising of Money for defraying the Charge of present extraordinary Forces both at Land and Sea in respect of the present Wars shall be by consent in Parliament and not otherwise save only that the Lord Protector with the consent of the major part of the Council for preventing the Disorders and Dangers which may otherwise fall out both at Sea and Land shall have power until the meeting of the first Parliament to raise Money for the purposes aforesaid and also 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 XXXI That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parliament belonging to the Common-wealth Except the Forests and Chases and the Honours and Manors belonging to the same the Lands of the Rebels in Ireland lying in the four Counties of Dublin Cork Kildare and Katerlaugh the Lands forfeited by the People of Scotland in the late Wars and also the Lands of Papists and Delinquents in England who have not yet compounded shall be vested in the Lord Protector To hold to him and his Successors Lord Protectors of these Nations and shall not be aliened but by consent in Parliament And all Debts Fines Issues Amerciaments Penalties and Profits certain and casual due to the Keepers of the Liberties of England by Authority of Parliament shall be due to the Lord Protector and be payable into his Publick Receipt and shall be recovered and prosecuted in his Name XXXII That the Office of the Lord Protector over these Nations shall be Elective and not Hereditary and upon the Death of the Lord Protector another fit Person shall be forthwith Elected to Succeed him in the Government which Election shall be by the Council who immediatly upon the death of the Lord Protector shall assemble in the Chamber where they usually sit in Council and having given notice to all their number of the cause of their Assembling shall being Thirteen at least present proceed to the Election and before they depart out of the said Chamber shall Elect a fit person to succeed in the Government and forthwith cause Proclamation thereof to be made in all the three Nations as shall be requisite And the Person that they or the major part of them shall Elect as aforesaid shall be and shall be taken to be Lord Protector over these Nations of England Scotland and Ireland and the Dominions thereto belonging 〈◊〉 Provided that none of the Children of the late King nor any of his Line or Family be Elected to be Lord Protector or other chief Magistrate over these Nations or any the Dominions thereto belonging And until the aforesaid Election be past the Council shall take care of the Government and administer in all things us fully as the Lord Protector or the Lord Protector and Council are enabled to do XXXIII That Oliver Cromwel Captain General of the Forces of England Scotland and Ireland shall be and is hereby declared to be Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging for his life XXXIV That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admiral Chief Governors of Ireland and Scotland and the Chief Justices of both the Benches shall be chosen by the approbation of Parliament and in the intervals of Parliament by the approbation of the major part of the Council to be afterwards approved by the Parliament XXXV That the Christian Religion contained in the Scriptures be held forth and recommended as the publick Profession of these Nations and that as soon as may be a Provision less subject to scruple and contention and more certain than the present be made for the Encouragement and Maintenance of able and painful Teachers for instructing the People and for discovery and confutation of Error Heresie and whatever is contrary to sound Doctrine And that until such Provision be made the present Maintenance shall not be taken away nor impeached XXXVI That to the publick Profession held forth none shall be compelled by penalties or otherwise but that endeavours be used to win them by sound Doctrine and the Example of a good Conversation XXXVII That such as profess Faith in God by Jesus Christ though differing in judgment from the Doctrine Worship or Discipline publickly held forth shall not be restrained from but shall be protected in the profession of the Faith and exercise of their Religion so as they abuse not this liberty to the civil Injury of others and to the actual disturbance of the Publick Peace on
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
Collonel Morgan in his late Ingagement with Glencarn and Kinmore killed One hundred and twenty of their men took Twenty seven Prisoners with all their Ammunition and most of their Arms and Eighty Horse That the business in Sweden goes on very hopefully the Lord Ambassadour has great great Repute with the Queen and the Grand Chancellour and his New Credentials are very well accepted of by them That the Ambassadors were Landed from Holland with Power to ratifie the Articles of Peace with England The Lords Newport and Youngshall Ambassadours Extraordinary from the States General Arrived with Eighty Persons in their Retinue and very Gallant 28 An Ordinance of the Lord Protector and his Council Published for the Reviving of the Jurisdiction of the County Pallatine of Lancaster and for holding Assize there Letters that Athol Glencarn Glencary and Kinmore were drawing all their Forces together about Four thousand to be Revenged of Collonel Morgan That they have taken off all their Garrisons and intend a flying Army and to Lodge their Ammunition in Woods Of a Scotch-man who in a Vision was warned to go to their General and tell him That because of their wicked living the Judgments of God would light on them The Scot not going to the General was warned in a Second Vision to go to him or else that the Judgment of God would fall upon him and was presently struck Dumb and declared all this by Writing and his Resolution to go to their General and to declare this to him in Writing March 1653. March 1. A Publick Minister from the Arch-Duke Leopoldus had Audience from the Lord Protector The Lord Mayor Aldermen and Recorder of London attended the Lord Protector and his Council about the business of a Corporation to the City of Westminster That the Lord Ambassadour Whitlock goes on very hopefully in Sweden but they are a little stumbled at the detention of Swedish Ships in England 2 Letters that the Duke of Lorain was seized upon and secured by the Arch-Duke Leopold 3 Letters that many of Athols Men forsook him and that his Levys did take little Effect the Country being grown weary of his Oppressions That one of Collonel Daniells Men running away to Athol was taken again and Hanged That others ran away from Collonel Daniels Regement That Major General Lamberts Regiment of Horse and Commissary General Whaleys were come near to the Highlands That the States Ambassadors came in great state through London in Coaches 4 Letters that the English Fleet Road at St. Hellens Point near the Isle of Wight The Dutch Ambassadors had Audience of the Lord Protector in the Banqueting House at Whitehall which was richly hanged and a Chair of State for the Lord Protector and Chair for the Ambassadors and a great multitude of people They acquainted his Highness That all their Provinces had consented to the Articles of Peace and had Impowred them to Ratifie the Articles and they desired a Cessation of Arms in the mean time An Ambassador was Landed from the King of Denmark to the Lord Protector 5 That Lieutenant Hellin with Six Troopers charged six of the Enemies ten miles into the Hills and took them their Horses and Arms and one of them being an English-man refused Quarter and was killed That Major Bridge with a Party took Six of the Enemy and seven Horses That young Montross had like to have killed the Lord Lorn 7 Of English Seamen Pressed for the Fleet. Of an English Barque taken by a Dutch Man of War who restored Her and secured Her from a Brest Man of War Of an English Ship brought in Prize into the Texel by a Dutch private Man of War 8 An Ordinance for Approbation of Ministers by Commissioners That six Members of the Lord Protectors Council were appointed Commissioners to meet with the Dutch Ambassadors to Sign the Articles of Peace with them That still both the English and the Dutch prepared to increase their Navies 9 Orders by the Lord Protector for all to repair to their Charges in Scotland 10 Of Barques taken by the Dutch Free-booters in the North. Of one hundred and forty Dutch Ships Arrived at the Vlye from the East Country That Middleton was gone for Scotland with two small Men of War and a little Ammunition and some Arms and about Three hundred Voluntiers 11 Letters that Middleton was Landed in the Highlands That the Lord Protector went on amain in his Preparations for the Sea and caused divers Marriners to be Pressed and drew out some Land Soldiers to put aboard the Ships 13 Letters that the Highlanders upon Middletons coming to them give out that he brought with him Two thousand five hundred Foot and five hundred Horse whereas he had under Three hundred in all That Captain Witter sent out a Party to skirmish with Captain Johnson before Blair Castle and Johnson and one more were killed That Captain Masons Troup and Captain Palmers Troup about Dunfrize fell soul upon one another by occasion of one of their Centries who was a Scotchman and thinking they had been Enemies six of them were killed and many wounded before they knew the mistake 14 Letters that Monsieur Chaunt the French Ambassadour with the States labours to put on the Interest of his Master and to have him Comprehended in the Peace betwixt the two Common-wealths That an East-land Fleet of One hundred and fifty Sail had brought to the Netherlands the necessary Commodities for Shipping that were wanting in those Countries That the King of Scots was still at Paris but had no encouragement to stay in that Court who much desired Peace with the Lord Protector 15 The Lord Protectors Commissioners met with the Dutch Ambassadors at their Lodgings to examine Papers and to compare the Articles of Peace agreed upon with the ingrossment of them That the Portsmouth Frigot and the Constant Warwick met with Beach the Admiral of the Brest Pyrates and pursued him till night when the Two Frigots were parted Beach roaving to and again in the Night chanced to light again upon the Constant Warwick and thinking she had been a Merchants Ship came up to her to Board her The Captain of the Warwick demanded who it was and Beach answered he was the Portsmouth Frigot but the Warwick suspecting him bad him stand off then Beach perceiving his mistake made away but the Warwick being a good Saylor made after him and kept him company all the Night That about Six in the Morning Beach begun the Fight firing Three Guns which were answered by the Warwick and the Fight lasted till Two in the Afternoon when Beach and his Men called for Quarter and had it That Beach had five Foot Water in the Hold when he yielded That he had Two hundred Men in his Ship whereof Twenty were killed in the Fight That his Ship was a Gallant New Vessel of Forty two Guns whereof Thirty were Mounted Anno 1654 That there were taken with him Nine Captains
fifty Tuns and forty Guns taken by a Flushinger worth Five thousand pound and most of the best Ships of Weymouth taken by the Brest Men. 5 The Lord Commissioner Lisle and Sir Thomas Widdrington were Sworn Commissioners of the Great Seal before the Lord Protector and his Councel and the Lord Ambassadour Whitelock now in Sweden is to be the other of them The Articles of Peace were signed by the Dutch Ambassadour and by the Commissioners of the Lord Protector and to be Ratified by the Principals in fourteen days and to be publickly Proclaimed in England and the Low Countries and a Messenger sent to the States for their Subscription within that time 6 An Ordinance Published for repairing the High-ways Letters that in sight of Legorn was a Fight betwixt a Dutch Man of War of Thirty two Guns and an English Ship Loaden with Currans which lasted Six hours and then night parted them and both the Ships sunk but most of the Men were saved That a French Man of War took an English Ship of great value upon the Coast of Apulia in Naples 7 An Ordinance published for Adjourning part of Easter Terme A Dutch Prize taken in the North. Of the Preparations and Forces of Middletons Party and of Collonel Morgans March towards them Of a Prize brought into the Cows by a private Man of War 8 Of a Man of War gone with an Express to Holland for Ratification of the Treaty That the English Fleet were One hundred Sayl of Men of War out at Sea well accommodated That Denmark was taken into the Treaty with Holland and the losses of the English Merchants to One hundred and fifty thousand pound referred to Two English and two Dutch Merchants to determine those Demands within twenty days and the business of Amboyna referred to Eight Commissioners and if they agreed not within Six Months Umpiers were nominated Letters that the French laboured hard to be comprehended within the Treaty Monsieur Chanute their Ambassadour at the Hague in the Assembly of the States General Spake to this Effect HAving understood by the Deputies of this State in England who visited me after their Return by order of their Superiours that their Negotiations hath brought the Treaty of Peace to Equitable Conditions I come in the Name of the King my Master to Congratulate with your High Puissances and to wish that this great Affair may be readily Determined to the Honour and Advantage of your Provinces I am also to thank your High Puissances for the constant and faithful Communication which hath been given of this whole Negotiation to the Ministers of the King in England by your Deputies to Monsieur de Bourdeaux Neuf Ville and to me in this Court by your High Puissances your selves which hath not been done as a simple Complement but because of the Community of Interests in this Peace and to make known to the King the Care which the Lords Deputies have had according to their Instructions to Comprehend France within the Pacification I doubt not but your High Puissances will persist to Effect in this good intention and to obtain a point so easie since the instances of your Deputies have reduced unto Commodious termes a great number of the most difficult Articles so that it seems this only point is reserved to your High Puissances to the End that the Honour of this Great Office rendred to a Potent King your old Ally may be by the whole Body of your State I therefore desire you in the Name of his Majesty so to carry on this business that he may be comprised in the Treaty of Peace with England and forthwith to do that your selves which you gave Instructions to your Deputies to do nevertheless the Affection of his Majesty to this State is such and so pure that for his own Interest alone he would not have made this Request if it had not been equally advantageous to the good of these Provinces But since there is nothing more desirable to your High Puissances than an Vnion with France and England If it should be otherwise it were Impossible that the Trade of the State should not be extreamly interrupted being to pass daily through a streight Channel between two Powerful Nations Enemies and Armed one against the other That the free Trade with France which spends more of Forreign Commodities than any other part of Europe and furnisheth more of her own to Strangers would not be beneficial to your Subjects if it should be no Peace but a kind of Languishing Ruinous Carelessness and that thereby the freedom of Trade should not be destroyed These are the open and manifest propositions upon which I am to rely But these are Reasons above the Consideration of Profit and which render the Inclusion of France in this Treaty to be as it were necessary The Peace will unarme the States because your Subjects wearied with the War would fain enjoy rest and the fruits thereof and be discharged of the burdens occasioned by the expences of the War It is not altogether so here at this time as in England where the Protector constantly entertaineth a Powerful Land Army and also Sea Forces where as always when a State lays down Arms to enjoy Peace they must provide instead of Arms strong and Powerful Alliances as cautions of their Peace Whereupon their High Puissances may judge of two things First in what condition shall France be to Assist you if there should be need having much ado to keep her self from Civil Wars keeping so many Forces in the mean time and alone sustaining the whole Weight of the Great House of Austria She may be also Attaqued by England on one side And in the Second place some thoughts may come into the mind of his Majesty if he know that his Interests are so little regarded in these Provinces There are likewise many things to be observed touching the security of the Peace on the part of the State of England without entring into the discussion of the Rights of People and of Soveraigns whereof Strangers are not Judges for it is true that the force and the subsistance of the present Government consisteth in the Authority and Industry of one man only It is true also that jealousie of Trade hath chiefly occasioned the differences of the Provinces with England and that the desire of drawing to themselves the Trade will not be ended by the Peace It is also true that there is great difference of humour between the two Nations and in fine it is known that there remain certain pretences of Superiority which are not cleared but continue dissembled In the midst of all these Circumstances who can promise a long and sure Peace and is it not necessary to ingage Friends and to interest them in this Treaty without expectation that France being weakned with many Wars at once and these Provinces disabled by the interruption of Trade become not in a condition to yield mutual Assistance one to another Your
the Shires and Borroughs of Scotland by their Deputies convened at Dalkeith and again at Edenburgh did accept of the said Vnion and assent thereunto For the compleating and perfecting of which Vnion Be it Ordained And it is Ordained by his Highness the Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging by and with the advice and consent of his Council That all the People of Scotland and of the Isles of Orkney and Zethland and of all the Dominions and Territories belonging unto Scotland are and shall be and are hereby Incorporated into Constituted Established Declared and Confirmed one Commonwealth with England And in every Parliament to be held Successively for the said Common-wealth thirty persons shall be called from and serve for Scotland And for the more effectual preservation of this Vnion and the freedom and safety of the People of this Common-wealth so united Be it Ordained And it is Ordained by the Authority aforesaid That all the people of Scotland and of the Isles of Orkney and Zethland and of all the Dominions and Territories belonging unto Scotland of what Degree or Condition soever be discharged of all Fealty Homage Service and Allegiance which is or shall be pretended Due unto any of the Issue and Posterity of Charles Stewart late King of England and Scotland or any Claiming under him or that Charles Stuart Eldest Son and James called Duke of York second Son and all other the Issue and Posterity of the said late King and all and every person and persons pretending Title from by or under him are and be disabled to hold or enjoy the Crown of Scotland and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of Scotland or to have and enjoy the Power and Dominion of the said Kingdom and Dominions or any of them or the Honours Mannors Lands Tenements Possessions and Hereditaments belonging or appertaining to the said Crown of Scotland or other the Dominions aforesaid or to any of them any Law Statute Vsage Ordinance or Custom in Scotland to the contrary hereof in any wise notwithstanding And it is further Ordained by the Authority aforesaid That the said Office Stile Dignity Power and Authority of King of Scotland and all right of the Three Estates of Scotland to Convocate or Assemble in any General Convocation or Parliament and all Conventional and Parliamentary Authority in Scotland as formerly Established and all Laws Vsages and Customs Ordaining Constituting or Confirming the same shall be and are hereby and from henceforth abolished and utterly taken away and made null and void And that this Vnion may take its more full Effect and intent Be it further Ordained by the Authority aforesaid That the Arms of Scotland viz. a Cross commonly called Saint Andrews Cross be received into and born from henceforth in the Arms of this Common-wealth as a Badge of this Vnion and that all the Publick Seals Seals of Office and Seals of Bodies Civil or Corporate in Scotland which heretofore carried the Arms of the Kings of Scotland shall from henceforth instead thereof carry the Arms of this Commonwealth And be it further Ordained by the Authority aforesaid That all Customes Excise and other Imposts for Goods transported from England to Scotland and from Scotland to England by Sea or Land are and shall be so far taken off and discharged as that all Goods for the future shall pass as free and with like Priviledges and with the like Charges and Burdens from England to Scotland and from Scotland to England as goods passing from port to port or place to place in England and that all Goods shall and may pass between Scotland and any other part of this Commonwealth or the Dominions thereof with the like Privileges Freedom Charges and Burdens as such Goods do or shall pass between England and the said parts and Dominions any Law Statute Vsage or Custom to the contrary thereof in any wise notwitstanding And that all goods prohibited by any Law now in force in England to be transported out of England to any Foreign parts or imported shall be and hereby are prohibited to be transported or imported by the same Law and upon the same penalties out of Scotland to any Foreign parts aforesaid or from any Forein parts into Scotland And be it further Ordained by the Authority aforesaid That all Sesses publick Impositions and Taxations whatsoever be imposed taxed and levyed from henceforth proportionably from the whole people of this Commonwealth so united And further to the end that all Dominion of Tenures and Superiorities importing Servitude and Vassalage may likewise be abolished in Scotland Be it further Declared and Ordained by the Authority aforesaid That all Heritors Proprietors and Possessors of Lands in Scotland or the Dominions thereunto belonging and their Heirs shall from and after the twelfth day of April in the year of our Lord One thousand six hundred fifty and four hold their respective Lands of the respective Lord and Lords by Deed Charter Patent or Enfeoffment to be renewed upon the death of every Heritor Proprietor Possessor as now they do to his Heir or Heirs by and under such yearly Rents Boons and Annual Services as are mentioned or due by any Deeds Patents Charters or Enfeofments now in being of the respective Lands therein expressed or by vertue thereof enjoyed without rendring doing or performing any other Duty Service Vassalage or Demand whatsoever by reason or occasion of the said Lands or any the Clauses or Covenants in the said Deeds Charters Patents or Enfeoffments contained saving what is hereafter herein and hereby particularly expressed and declared that is to say Heriots where the same are due Fines certain where the same is already certain and where the Fine is uncertain reasonable Fines upon the Death of the Lord and upon the Death or alienation of the Tenant or any of them where the same have usually been paid which said Fine not being already certain shall not at any time exceed one years value of the Lands and also doing suit and service to such Court and Courts Baron as shall be constituted in Scotland in such manner as is Ordained by one other Ordinance Entituled An Ordinance for Erecting Courts Baron in Scotland And be it Ordained by the Authority aforesaid That all and every the Heritors Proprietors and Possessors aforesaid and their Heirs are and shall he from henceforth for ever discharged of all Fealty Homage Vassallage and Servitude which is or shall be pretended due from them or any of them unto any their Lords or Superiors whatsoever claiming Dominion or Jurisdiction over them by vertue of the said Patents Charters Deeds or Enfeoffments and other rights thereof or of any Clauses or Conditions therein contained other than as is before Declared and Ordained And that all the said Superiorities Lordships and Jurisdictions other than as aforesaid shall be and are hereby
Abolished taken off and discharged and that all and every the said Deeds Patents Charters and Enfeoffments in that behalf be and are hereby declared and made so far void and null And particularly that all and every the Heritors and others the Persons aforesaid and their Heirs are and shall be for ever hereafter freed and discharged of and from all sutes and appearing at or in any their Lords or Superiors Courts of Justitiary Regality Stuartry Barony Bayliary Heritable Sheriff-ship Heritable Admiralty all which together with all other Offices heritable or for Life are hereby abolished and taken away and that all and every the Heritors and persons aforesaid and their Heirs are and shall be for ever hereafter freed and discharged of and from all Military service and personal attendance upon any their Lords or Superiors in Expeditions or Travels and of all Casualties of Wards Lands formerly held of the King or other Superiors and of the Marriage single and double avail thereof Non-entries Compositions for Entries and of all Rights and Casualties payable if they be demanded only or upon the committing of any Clauses irritant And that the said Heritors and persons aforesaid be now and from henceforth construed reputed adjudged and declared free and acquitted thereof and of and from all and all manner of holding sutes duties services personal or real and demands whatsoever other than is before declared and Ordained notwithstanding the present Tenor of any their Deeds Patents Enfeoffments or any Clauses Articles or Covenants therein contained or mentioned to the contrary in any wise And that in time to come all and every Clause Covenant Article Condition or thing to the contrary hereof shall be omitted out of all such Deeds Patents Charters and Enfeoffments And be it further Ordained That all Foreitures Escheats simple or of Life Rent Bastardy and last Heir which heretofore escheated forfeited and fell to the King Lords of Regality or other Superiors shall from henceforth fall escheat and forfeit to the Lord Protector of the Commonwealth for the time being 13 The Highlanders grew numerous and were about Three thousand strong and Collonel Morgan was Marched near them 15 That the Pyrates of Brest took several English Merchants Ships and came into the very Mouth of Severn That the Enemy had a general Rendezvous and were ill Armed That they had Orders from Lieutenant General Middleton who had in his Party but Two hundred Horse 14 That the Fleet Rid in Stoaks Bay That the States of Holland had fully Ratified the Peace in every Part with great rejoycing 17 The Ratifications of the Peace Signed and Sealed by all the States of the Vnited Provinces came to their Ambassadours here and was by them presented in a Silver Box to the Lord Protector One Rogers taken at Lieth with several Commissions from the King to raise Forces Eleven Dutch Men of War set upon an English Merchant Man and took her That Collonel Morgan with Eight hundred and fifty Horse and One thousand six-hundred Foot had beset the Enemy who were Eight hundred Horse and Three thousand Foot An Holland East India Ship of Eight hundred Tun outward bound loaden with Seventy five Tun of Goods and four Chests of Silver was taken by Captain Stayner and Captain Smith That three Frigots met with a Fleet of Forty eight Sayl of French Ships fell in among them Shot their Admiral Vice Admiral and Rear Admiral and spoiled them and the Rear Admiral sunk another of them sunk and they took another of them and lost not a man and afterwards they took four more of them 18 Commissioners sent to Treat with the Lord Ambassador Burdeaux at his House in London touching the Peace with France An Ordinance passed for continuing the Imposition on Coals Order of the Council touching the improvements of Forrests Letters from Vpsale of the Passages there about the Treaty and the Queens Resignation to the Prince Palatine 19 The Ambassador from the Duke of Gelders had Audience with the Lord Protector An Ordinance Published for suspending Proceedings upon a former Act for Relief of poor Prisoners and Creditors 20 Of one Darcy made a Colonel and Knighted in France by the King of Scots 21 That Lieutenant Hunt fell upon a Party of the Scots in the Highlands took Seven Prisoners eleven Horse twenty Cloaks and many of their Cloak-bags and rescued two Prisoners That the Enemy were Four thousand Horse and Foot and Collonel Morgan but Two thousand five hundred and near one another That the Parliaments Garrisons in the High-lands were stored and supplyed with all manner of Provisions and Ammunitions 22 Letters of a Frigot that Convoyed Ammunition and some Merchants Ships to Lieth in her return was set upon by Eight Dutch Men of War and after a hot Skirmish Boarded and taken That Captain Potter brought in another Brest Pyrate An Express sent to the States of the Ratification of the Treaty by the Lord Protector 24 Divers Dutch Prizes taken The Ordinance Published for the Uniting Scotland into one Commonwealth and under one Government with England Another Ordinance Published of grace and Pardon to the People of Scotland An Order Published touching the Peace with Holland 25 Letters of Collonel Morgan's March after the Highlanders and a quarrel amongst them about Plundering a Kinsman of the Lord Montross and other quarrels among their Officers Of Prisoners taken by the English Garrisons A Proclamation by the Commander in Chief of the English Forces to the Effect as formerly forbidding Correspondence with or harboring of the Enemy Letters from the Dutch Ambassadour in England to the States That the Peace was fully Concluded and that the States were to be Responsable for One hundred and forty thousand pound for the Damage done by the Danes to the English that the Ships detained in the Sound were to be restored The States Sealed and Signed the Articles and sent away the Ratification to England and the Lord Protector also Ratified them 26 The Peace between England and the Vnited Provinces was solemnly Proclaimed by sound of Trumpet in White-Hall Court in the Presence of his Highness and his Council afterwards by the Heralds Serjeants at Arms and other Officers who were received by the Lord Mayor at Temple Bar there it was Proclaimed and then at the old Exchange An Account of the Negotiation of the Lord Ambassadour Whitelock in Sweden 27 Letters of a Dutch Ship taken of rich Value by a Private Man of War The Lord Protector Feasted the Dutch Embassador at White-Hall very sumptuously 28 Letters of the Numbers of the Enemy increasing and of some of their Party gleaned up by the Parliaments Soldiers That the Enemy was to the North of Collonel Morgan so that they must ingage with him or else they cannot pass Southward by him 29 Letters of the Tories in Ireland narrowly pursued and suppressed Of Mischiefs done by the Pyrates on the Westward Coast and about Bristol That
the Fleet Rid in Stoakes Bay May 1654. May 1. Letters that Captain Rogers who was Agent with Glencarn from the King was Executed at Edenburgh upon sentence of the Court Martial for a Spye That General Monck was Arrived at Lieth That a Scotch Gentleman with six of his Men defended a little Tower against the Highlanders and killed four of them A Letter Signed by all the Officers of the Army in Ireland acknowledging the Lord Protector 2 A Proclamation by the Lord Protector for a Cessation of all Acts of Hostility between the Commonwealth of England and that of the Vnited Provinces and for Restitution of Ships and Goods taken after the time mentioned in the Articles of Peace An Address from the Justices of the Peace Magistracy Officers and Grand Jury of Shropshire to the Lord Protector acknowledging his Government 3 Ships sent out from the Texel to call in the Dutch Freebooters That the Lord Ambassador Whitelock pressed for a Conclusion in his business in Sweden and that the Queen had discharged most of her Servants in order to her Resignation 4 That the Lord Protector and his Council did not sit so frequently as formerly and all things went according unto their desire 5 Letters that Collonel Morgan saw the Enemy but could not Engage them for want of Boats to pass the Water and therefore retreated to his Quarters That General Monck was making preparations to visit the Enemy 6 Letters that Middletons numbers did decrease and sometimes increase Of Five French Ships taken by a Frigot and of an English Ship taken by a Private Brest Man of War 8 Letters that General Monk had meetings with the Officers of the Army and they resolved to go to Collonel Morgan That the Peace with England was Proclaimed in Holland and a Day of Thanksgiving appointed for it 9 An Address to the Lord Protector from the Town and County of Pool to the same Effect as others were Letters that the Lord Ambassador Whitelock made a firm Alliance with Sweden and was expected at Hamburgh in few days An Ordinance Published touching the further Sale of Deans and Chapters Lands 10 A Declaration of the Lord Protector for a Day of Thanksgiving for the Peace with Holland and for the late seasonable Rain 11 Of a Discovery made by an Indian to an English Ship of a Plot against them Of a Council of Officers about the dividing the Lands in Ireland A Congratulatory Letter sent from the Army in Ireland to the Lord Protector Of the Solemn Reception of General Monck at Edenburgh and the Proclaiming the Lord Protector there the Feasting of General Monk and the Fire-works That the Highlanders expected the King amongst them and received Supplies of Men Armes and Money by Two Ships from Dunkirk 12 Letters that in Ireland there wanted men to Till the Land That few Tories were left there That Two Brest Men of War came near to Leverpool Letters that in Holland there sticks one particular which hath occasioned some trouble at the Hague to witt his Highness and the Two Ambassadors here who serve for the Province of Holland viz. Beveningk and Newport the other knowing nothing of it agreed a Secret Article That the Province of Holland should not of themselves ever consent That the States General should make the Prince of Orange or any of his Line Stadtholder or Captain General of their Forces by Sea or Land After the Generality had Ratified the Treaty this was propounded in the Assembly of the States every one before having sworn secrecy upon the propounding of it great dissatisfaction arose amongst them but at last they past it being Dissenters Four Noblemen and four Soveraign Towns of the Nobles that agreed to it were Bredrode General of their Forces Opdam Admiral of their Fleet Notwithstanding the Secrecy it came the next day to the States General The other six Provinces have protested against it and Accuse the Two Ambassadors as having done not only beside but against their Instructions But Holland will carry it through all though I verily believe they have great difficulties to contest with the Animosities and Jealousies which are occasioned by this will not easily be Extinguished His Highness hath not yet received the Ratification of this Article from Holland but expects it daily although all endeavours will be used to perswade his Highness to go from it There is included in this Peace besides Denmark the Suissers Hans Townes Count of Oldenburgh the Duke of Holstein and Alliance with Sweden being made there will be a good understanding between most of the Protestant States and opportunities may through Gods Blessing arise from thence to promote that Interest All the question is what is to be done with the Two Crowns of France and Spain They both seek our Friendship and Alliance but nothing is yet done with either of them I trust God will lead to such an Interest as will be for his Glory and the good of this State The Denmark Agent Rosenwing had his Publick Audience since which he hath offered nothing so that the Advertisement concerning him in reference to the Isles of Orcades came in very good time The Treaty with Portugal is not yet come to any Agreement the business of his Brother yet sticks his Highness hath now ordered his Tryal by a special Commission of Oyer and Terminer The Commissioners are my Lord Rolles Justice Atkins Serjeant Steel Doctor Zouch Doctor Clerk Doctor Turner Sir Henry Blunt Mr. Lucy and Alderman Tichburn 13 Letters that the French Pickaroons did much trouble the Fishermen about Rye 15 That the Enemy will not come near to Collonel Morgan A Proclamation by the Commander in Chief in Scotland for Pardon of those in Rebellion who shall come in by a Day And for their Parents and Relations if they shall come in And Imposing a Fine upon every Parish and Presbytery whereof any one continueth in Rebellion if they do not discover him and rewards to those that shall Apprehend any of the Rebels and their Principal Commanders or kill them Order of the Justices of Peace of Wales against Licences to Drovers c. 16 The Lord Mayor and Aldermen of London Dined with His Highness the Lord Protector 17 An Ordinance for suspending the Proceedings of the Judges touching relief of poor Prisoners and Creditors 18 Mounsieur Burdeaux the French Ambassadour had Audience by the Lord Protector 19 An Ordinance Published concerning the better repairing of the Highways and another for relief of Debtors in Scotland in some Cases of Extremity That the Lord Ambassador Whitclock having happily Concluded his business with the Crown of Sweden was upon his Journey homewards That Preparations were made for the Queens Resignation and for Crowning the King Charles 20 That Ireland was setled in as much Peace as it was before the Rebellion That General Monk was Marching Northward and Middleton and his Party were raising new Forces That Middletons Brother
for the several Burgs in Scotland 23 Divers Noblemen and others of Scotland who had Fines imposed on them by an Ordinance of the Protector and his Council came into the English Commissioners to offer what they could for Remission of those Mulcts 25 Debate about the Ordinance for ejecting Scandalous and Ignorant Ministers and ordered that the Members for the several Counties do bring in the names of fit persons to be Commissioners in this Act in the respective Counties 26 An Ordinance of the Protector and his Councel made a little before the Parliament sat was now Published appointing Commissioners to survey Forests Mannors Lands c. of the late King Another for the taking an Act of moneys upon the Act for Propagation of the Gospel in Wales Another for bringing in several branches of the revenue under the management of the Commissioners of the Treasury and Exchequer Three small Prizes brought in 27 The Lord Louden late Chancellor of Scotland was seized upon by some of his own Party intending to make their Peace by him but he got off from them receiving a shot in his Neck Collonel Morgan came out of Scotland for England and Collonel Overton was sent into the north of Scotland to Command in his place Bremen sent Commissioners to the States of Holland to desire their assistance to repel the Swede Count William of Nassau went from one good Town to another in Holland feasting the Magistrates and people to gain their affections tâ— the Prince of Orange M. Howard Son to the Earl of Arundel slew one Mr. Holland in the passage going to the Star-Chamber where a Committee sat 28 The Lord Mayor Aldermen and Common Councel of London Published their Order in pursuance of an Ordinance of the Lord Protector and his Councel for restraint of Hackney Coaches 29 A new Lord Mayor of London chosen Alderman Pack The new Sheriffs of London were Sworn in the Exchequer 30 The Grand Committee of Parliament debated the Articles of Government and came to some further Results and Votes upon several parts of them which they ordered to be Reported to the House forthwith October 1654. Oct. 2 The Marquess of Montross and his party in Scotland came in upon the like Articles as the Earl of Athol had done Those of Bremen were much put to it by the Swede 3 The business betwen England and the States of Holland in relation to their East-India Company was concluded by Commissioners on both parts to their Contentment Commissioners met to reconcile the differences betwixt the Sweeds and Bremen 4 A French Prize was brought in and seven more French Prizes Bankers sent in 5 Much Endeavour in Holland for setting up the Orange Party 6 The Parliament being resolved into a Grand Committee sat every day upon the Articles of Government Three Hundred Members of the House had subscribed the Recognition Letters of the Death of the Old Chancellor of Sweden Oxensterne and that his Son Grave Erit Oxensterne was to succeed him 7 Middleton ranged up and down in Argile Countrey in Scotland with about 40 Horse and some Foot but few came in to him to add to his Numbers 9 Twelve French ships taken by Captain Gethings and four more of the English Fleet. Some more Parliament men were chosen in Scotland 10 Divers Members returned for several places where they were Elected made their Elections in the House for which of those places they would serve and new Writs issued for Electing Members in the Places waved by them Questions about some of the Elections of Parliament men for Scotland were heard at the Committee of Priviledges In regard of the Plenty of Corn butter and Cheese which God gave us this year It was referred to a Committee to consider how some incouragement may be had for the transportation thereof and the Statutes in force against Ingrossers A Committee appointed to consider of the Ordinances made by the Protector and his Councel 11 The Solemn Fast kept 12 The House sat in a Grand Committee about the Government 13 The Highlanders in Scotland having stollen 100 Cattle from the Low-lands a Party of the English Army routed them killed a Lieutenant Collonel and one or two others and routed the rest 14 Lawson defeated the French in Caneda and took their Forts from them 16 Sir Mungo Murray taken Prisoner in the Highlands by Captain Elsemore and his Party routed 17 The Inhabitants of Ireland being very sensible of the mischiefs done to them by the Tories made head against them slew divers and brought their heads into Kilkenny The business of transplanting distasted the Irish more than any other thing At Delfe in Holland a Magazine of 700 barrels of Powder was casually set on Fire burnt about 300 Houses and a great Number of People and in the Hague 3 miles distant their glass windows were beaten down with the blow Four French Vessels sent in Prizes 18 Working in the Netherlands for advancement of the Party of the Prince of Orange 19 The House sat this day and the three former days in a Grand Committee about the Government and had much debate whether it should be Elective or Hereditary as to the single person the Protector of the Common-wealth 20 The Inhabitants of Edenburgh were very cross to the Parliaments Souldiers quartered among them 21 The Parliament continued sitting in a Grand Committee upon the Articles of Government 23 Four more French Prizes brought into Plimouth 24 Hammond one of the Parliaments Commissioners died at Dublin Two English Souldiers brought to the Gallows in Edenburgh for Robery one was hanged and the other saved by Lot and more Souldiers were then Scourged at the Gallows Foot for the same offence The Clergy in Scotland refused to observe the Fast-day ordered by the Protector it being their Principle Not to receive any directions for the keeping Fasts from the Civil Magistrate A Party of the Scots taken and killed in the Highlands by a small party of the English Forces 25 A Committee appointed to bring in a Bill for the relief of Creditors and poor prisoners The Committee for Religion sat and the Committee for regulating of the Chancery The Parliament approved and Confirmed the present Lord Deputy of Ireland the present Lords Commissioners of the great Seal of England the Commissioners of the Treasury and the two Chief Justices 26 The Parliament continued the consideration of the Government 27 Don Antonio Piementelle appointed to go Ambassador extraordinary from the King of Spain to the King of Sweden At Delph in Holland by the late fire 500 persons were Killed 250 wounded and 500 houses burnt to Ashes 28 Brest Pirates took four English Ships and Barques 30 The new Lord Maior of London Alderman Packe took his Oath before then Baronsof the Exchequer In a great Fire in Edenburgh the English Souldiers were so active to stop it that thereby they gained much upon the affections of
the Citizens and 30 of them and of the Inhabitants were Slain by the fall of Timber and Houses on fire upon them Some small Skirmishes were between little parties of the Highlanders and the Parliaments Forces 31 Voted by the Parliament that any Natives of the Commonwealth may transport Wheat when the Price shall not exceed six and thirty Shillings the quarter paying Four-pence the Quarter Custome And Rye when it exceeds not Four and twenty shillings the Quarter paying three pence the Quarter Custom And Barly or Mault when the Price of it exceeds not twenty shillings the Quarter paying two pence the Quarter Custom And Pease not being above four aâ—d twenty shillings the Quarter paying three pence the quarter Custom And Beans not being above four and twenty shillings the Quarter paying three pence the Quarter Custom The Corn to be transported in Vessels of this Commonwealth Butter to be transported when it is not above six pence the pound A Bill to be brought in for this purpose November 1654. 1. Nov. The Officers of the Army met at St. James's to keep a day of praying together The Resident of the Duke of Guelders had Audience of the Protector declaring the late decease of his Master and the acknowledgment he made upon his death bed of the Favours and Protection he had receiv'd from the Protector desiring the continunuance of his Favour and Protection to his Son 2 The Lord Lorn the Marquls of Argiles Son continued in Rebellion against his Father Collonel Hammonds Funeral solemnized at Dublin with much State 3 The Parliament sat upon the Articles of Government and voted the forfeiture of Lands for Treason and Delinquency 4 Petitions of the Lord Craven Sir John Stowell and others referred to several Committees 6 Debate about the Bill for Ejecting Ignorant and Scandalous Ministers and School-Masters and Voted That in the mean time the Ordinance for Ejecting them passed by the Protector and his Councel shall not be suspended Order for Accounts to be brought in of the value of all Customs and Receipts in several Offices Petition of the Doctors of the Civil Law in behalfe of themselves and their profession was referred to a Committee A Committee of Ten persons appointed to confer with His Highness about stating the Point of Liberty of Conscience 7 Order to examine and punish the Authors and publishers of a Scandalous and Treasonable pamphlet entituled Collonel Shapcots speech in Parliament and the Sergeant at Arms to seize the Copies 8 The Protector and his Councel considered of the Nomination of new Sheriffes in the several Counties 9 Long debate by Councel at the Committee for the Lord Cravens and Sir John Stowells Petitions 10 Debate in Parliament upon the Articles of Government That the Supream Legislative power shall be in one Person and the People assembled in Parliament being the first Article And upon the 24 Article That if the Protector consent not to Bills presented to him within twenty days that they shall pass as Laws without his consent This Letter came from Seldon to Whitlock My Lord I am a most humble Suitor to your Lordship that you would be pleased that I might have your presence for a little time to morrow or next day Thus much wearies the most weak hand and body of Novemb. 10. 1654. White Fryers Your Lordships most humble Servant J. Selden Whitlock went to him and was advised with about settling his Estate and altering his Will and to be one of his Executors But his weakness so encreased that his intentions were prevented He dyed the last of this Month. He lived at the Countess of Kents house in the White-Fryers His mind was as great as his learning He was as hospitable and generous as any man and as good Company to those whom he liked The Primate of Ireland preached his funeral Sermon in the Temple Church and gave him a great and due Eulogie 11 The Parliament agreed upon the first and 24th Articles of Government with little alteration 13 A Petition of the Purchasers of the Lord Cravens Estate referred to the former Committe likewise a Petition of Sir John Stowell The King of Swedens Marriage was solemnized at Stockholm the 14th of October last 14 Prince William of Nassaw received by the Province of Over-Issell to be Governour there during the minority of the Prince of Orange 15 The House proceeded in the debate of the Articles of Government They considered of an Assesment for the preventing of free Quarter The Lord Lorn sent parties into his Fathers Countrey to steal Cows 16 The Parliament voted His Highness to be Lord Protector c. during his life They debated about the business of the Militia by Sea and Land 17 A List published of the several Sheriffs for England and Wales agreed on by the Protector and his Councel Much debate at the Committee concerning the Lord Cravens and Sir John Stowels business A Fire in Amsterdam quenched by casting Sand upon it Some few of Middletons party in Scotland roaming up and down were routed by the Parliaments Forces The Funeral of the Protectors Mother Solemnized at Westminster Abby 20 The Parliament sat Forenoon and after-noon upon the Government and agreed fully upon the first Article and the 24th 21 Vote for an Assesment of 60000l a month for three months to be laid on England Petition concerning Sir Peter Vanlores Estate referred to a Committee Some small Skirmishes were in the Highlands 22 A Committee appointed to consider of the Accounts of the Kingdom and who have any publick moneys in their hands The King of Scots was at Colen and the Queen of Bohemia went to Flanders to visit the Queen of Sweden 23 The House in the Forenoon upon the Government and in the Afternoon upon the Assessment 24 Five Hundred Irish were landed in some Isles of Scotland to joyne with Middleton and Seaford 160 horse more were to joyn with them and to force the Clans to rise with them The Parliament voted That no Law should be altered or repealed nor new Laws made nor any Tax imposed but by assent of Parliament 25 The Parliament voted That a new Parliament should be summoned to meet upon the third Monday of October 1656. They called for a Report from the Committee for Regulating the Chancery Seven English Ships and divers Forreign Ships cast away by a storm near Dover 27 The Parliament passed several Votes touching Qualifications of persons to be chosen to serve in Parliament and for the Electors Vote that a new Parliament shall be every third year and not to sit above six Months but by Act of Parliament with the Protectors Consent and that to be but for three Months longer That the Protector may Summon Parliaments within the three years if he see Cause to sit for three Moneths and the Summons to be by Writ according to Law The Chancellor or Commissioners of the Seal to issue Writs
for the good Government of the Nation That the Councel shall be Sworn before the Parliament when they sit and in the Intervals of Parliament before the Comissioners of the great Seal That Whitehal Saint Jameses the Mews Summerâ—et House Greenwich Hampton Court Windsor and the manner of York be kept unsold for the Protectors Use That all Moneys be brought into the Exchequer and all Publick Debts â—ued for in the Protectors name 22 Storms in Scotland destroyed many hundred of Cattle More came in to Major General Overton and divers others of his Party The Bill touching the Articles of Government Read the First time Dr. Walker appointed to be of Council for the Commonwealth in the business of the Lord Craven 23 A Petition of Disbanded Oâ—ficers for their Arrears referred to a Committee A Petition from the University of Cambridge referred to a Committee The Bill for settling the Government was Read the Second time and the House Sate Forenoon and Afternoon in the Debate of it 25 The House sate though it was Christmas-Day and proceeded in their Debates touching the Government 26 Arguments before a Committee concerning the Lord Cravens Business on his part and for the Purchasers of his Estate the Lord Cravens Council shewed Presidents That Judgments against a Party unheard have been Reversed in Succeeding Parliaments The Purchasers Council insisted on the Credit of the Act of Parliament which perswaded them to buy his Lands 27 Letters of Solemnities at Stockholm upon the Marriage of their King 28 The House proceeded in their Debates touching the Government 29 The Government by the Protector was still the subject of the Houses Debate 30 A Quaker came to the door of the Parliament and drawing his Sword fell to slashing those near him and knocked at the door aloud he was laid hold on and Committed to Prison January 1654. Jan. 1. The House Debated the Matter of Election of Members for succeeding Parliaments 3 The Quaker being Examined by a Committee why he drew his Sword and hurt divers at the Parliament door answered That he was inspired by the Holy Spirit to Kill every man that sate in the House The House Debated the Point of Liberty of Conscience upon the New Government and agreed to give it to all who shall not maintain Atheism Popery Prelacy Prophaneness or any damnable Heresie to be enumerated by the Parliament 7 The Parliament continued their Debates touching the Government wherein many things were spoken which gave great Offence to the Protector and his Council and cause of Suspition that no good was to be expected from them 8 The Parliament continued not inclinable to the Protectors desires 11 The Parliament made what haste they could to finish their Debates 16 The business of Parliament was not likely to come to a good Issue 17 The Protector advised about sending a Fleet to the West-Indies The Protector began to be weary of the Parliament and to have thoughts of Dissolving it He was advised to the contrary upon Experiences of former inconveniences upon the Dissolution of Parliaments which ever caused ill blood however not to Dissolve it till after the time was past that they were to Sit by the Instrument of Government but the Protector seemed not to be very Sollicitous thereof and was resolute to part with them and some of his Councel were not backward to promote what they perceiv'd he was inclin'd to have done 19 Much Debate was at Whitehall about Dissolving of the Parliament 22 The Protector Dissolved the Parliament having first made this Speech Gentlemen I Perceive you are here as the House of Parliament by your Speaker whom I see here and by your faces which are in a great measure known to me When I first met you in this Room it was to my apprehension the hopefullest day that ever mine eyes saw as to considerations of this World For I did look at as wrapt up in you together with my self the hopes and the happiness of though not of the greatest yet a very great and the best People in the World and truly and unfeignedly I thought so as a People that have the highest and the clearest profession among them of the greatest glory to wit Religion as a People that have been like other Nations sometimes up and sometimes down in our honour in the World but yet never so low but wâ— might measure with other Nations and a People that have had a stamp upon them from God God having as it were summed all our former Glory and Honour in the things that are of Glory to Nations in an Epitomie within these 10 or 12 Years last past so that we knew one another at home and are well known abroad And if I be not very much mistaken we were arrived as I and truly as I beleive many others did think at a very safe Port where we might sit down and contemplate the dispensations of God and our mercies and might know our mercies not to have been like to those of the Antients who did make out their Peace and Prosperity as they thought by their own endeavours who could not say as We That all Ours were let down to Vs from God himself whose Appearances and Providences amongst Vs are not to be out-matched by any Story Truly this was our condition and I know nothing else we had to do save as Israel was commanded Anno 1655 in that most excellent Psalm of David Psal 78. v. 4 5 6 7. The things which we have heard and known and our Fathers have told us we will not hide them from their Children shewing to the Generation to come the praise of the Lord and his strength and his wonderful works which he hath done for he established a Testimony in Jacob and appointed a Law in Israel which he commanded our Fathers that they should make them known to their Children that the Generation to come might known them even the Children which should be born who should arise and declare them to their Children that they might set their hope in God and not forget the works of God but keep his Commandments This I thought had been a Song and a Work worthy of England whereunto you might have happily invited them had you had Hearts unto it You had this opportunity fairly delivered unto you And if a History shall be written of these times and of Transactions it will be said it will not be denied but that these things that I have spoken are true This Talent was put into your hands and I shall râ—cur to that which I said at the first I came with very great joy and contentment and comfort the first time I met you in this Place But we and these Nations are for the present under some disappointment If I had purpâ—sed to have plaid the Oratour which I did never affect nor do nor I hope shall I doubt not but upon â—asie suppositions which I am perswaded every one among you
be equally placed in Him and the Parliament but yeilded up at any time it determines his power either for doing the good he ought or hindering Parliamens from perpetuating themselves or from imposing what Religions they please on the Consciences of men or what Government they please upon the Nation thereby subjecting us to Dissettlement in every Parliament and to the desperate consequences thereof and if the Nation shall happen to fall into a blessed Peace how easily and certainly will their charge be taken off and their Forces be disbanded and then where will the danger be to have the Militia thus stated What if I should say If there should be a disproportion or disequality as to the power it is on the other hand and if this be so wherein have you had cause to quarrel What Demonstrations have you held forth to settle Me to your opinion would you had made me so happy as to let me have known your Grounds I have made a free and ingenuous confession of my Faith to you and I could have wished it had been in your hearts to have agreed that some friendly and cordial debates might have been towards mutual Conviction was there none amongst you to move such a thing no fitness to listen to it no desire of a right understanding if it be not folly in Me to listen to Town-talk such things have been proposed and rejected with stiffness and severity once and again was not likely to have been more advantagious to the good of this Nation I will say this to you for My self and to that I have my Conscience as a thousand Witnesses and I have my comfort and contentment in it and I have the Witness of divers here that I think truely scorn to own Me in a Ly that I would not have been averse to any alteration of the good of which I might have been convinced although I could not have agreed to the taking it off the Foundation on which it stands viz. The acceptation and consent of the People I will not presage what you have been about or doing in all this time or do I love to make Conjectures but I must tell you this That as I undertook this Government in the simplicity of my heart and as before God and to do the part of an honest man and to be true to the Interest which in my Conscience is dear to many of you though it is not always understood what God in his wisdom may hide from Us as to Peace and Settlement So I can say that no particular Interest either of my Self Estate Honour or Family are or have been prevalent with me to this Undertaking For if you had upon the old Government offered to me this one thing I speak as thus advised and before God as having been to this day of this opinion and this hath been my constant Judgment well known to many that hear me speak if this one thing had been inserted that one thing that this Government should have been and placed in my Family Hereditary I would have rejected it and I could have done no other according to my present Conscience and Light I will tell you my reason though I cannot tell what God will do with Me nor you nor the Nation for throwing away precious opportunities committed to US This hath been my Principle and I liked it when this Government came first to be proposed to me That it put Us off that Hereditary way well looking that as God had declared what Government he had delivered to the Jews and placed it upon such persons as had been instrumental for the Conduct and Deliverance of his People And considering that promise in Isaiah That God would give Rulers as at the first and Judges as at the beginning I did not know but that God might begin and though at present with a most unworthy Person yet as to the future it might be after this manner and I thought this might usher it in I am speaking as to my Judgment against making it Hereditary to have men chosen for their Love to God and to Truth and Justice and not to have it Hereditary for as it is in Ecclesiastes Who knoweth whether he may beget a Fool or Wise honest or not what ever they be must come in upon that account because the Government is made a Patrimony And this I do perhaps declare with too much Earnestness as being my own Conternment and know not what Place it may have in your Hearts and of the good people in the Nation but however it be I have comfort in this my truth and plainness I have thus told you my thoughts which truly I have declared to you in the fear of God as knowing he will not be mocked and in the strength of God as knowing and rejoycing that I am kept in my speaking especially when I do not form or frame things without the compass of Integrity and Honesty that my own Conscience gives me not the Lye to what I say and then in what I say I can rejoyce Now to speak a word or two to you Of that I must profess in the name of the same Lord and wish that there had been no cause that I should have thus spoken to you and though I have told you that I came with Joy the first time with some regret the second that now I speak with most regret of all I look upon you as having among you many persons that I could lay down my life individually for I could through the Grace of God desire to lay down my life for you So far am I from having an unkind or un-Christian heart towards you in your particular capacites I have that indeed as a work most incumbent upon Me I consulted what might be My Duty in such a Day as this casting up all Considerations I must confess as I told you that I did think occasionally this Nation hath suffered extremely in the respects mentioned as also in the Disappointments of their Expectations of that Justice that was due to them by your siâ—ting thus long and what have you brought forth I did not nor cannot apprehend what it is I would be loath to call it a Fate that were too Paganish a Word but there is somthing in it that we have not our Expectations I did think also for my self that I am like to meet with Difficulties and that this Nation will not as it is fit it should not be deluded with pretexts of Necessity in that great business of raising of money and were it not that I can make some Dilemma's upon which to resolve some things of my Conscience Judgment and Actions I should sinck at the very prospect of my Encounters some of them are general some are more special supposing this Cause or this Business must be caried on either it is of God or of Man if it be of Man I would I had never touched it with a finger if I had not had a hope fixed
doubtful thoughts in the Commissioners of the Seal who knew the Authority of that Court was design'd to be lessened and they were not consulted in this Matter yet they took no notice of it but went on in the Ordinary course of their Proceedings Upon the Lords Day March 11. a Party of about Two hundred of the New Conspirators came into Salisbury at Midnight seized upon many Horses and took away the Judges Commissions being then in their Circuit in that place and they Marched from thence Westward whereof Captain Vnton Croke having timely Intelligence pursued them with his Troops and at South Molton in Devon overtook them and after a sharp Conflict Routed them took Captain Penruddock Jones and Grove and Five hundred common Persons Prisoners Sir Joseph Wagstaff then Chief Comander hardly escaping There were other Risings in Northumberland and in Yorkshire of whom Sir Henry Slingsby was taken Prisoner and others and Sir Richard Moleverer hardly escaped Many of the Conspirators were tryed by a Commission of Oyer and Terminer at Salsbury and Exeter Mr. James Decoy was Clerk to the Commissioners and did some service to Sir Henry Moor Sir George Browne and others who were of that Plot in helping to favour them for which I suppose they were not ungrateful Penruddock and Grove were Beheaded Lucas of Hungerford and others were Executed and the Prisons were filled in those parts Letters from Scotland informed That Middleton was said to be Landed there again with new Supplies from the King who was also expected to come thither shortly with a great Force and store of Mony and his Brother the Duke of York to come a little before him Upon this News former Treaties were broken off and in divers Parts New Levies began to be made for the King The Protector and his Council Publish'd an Ordinance Appointing Commissioners for Approbation of Publick Preachers Another for passing Custodies for Idiots and Lunaticks Another for continuing the Act for Impresting of Seamen He and his Councel and Officers kept a day of Solemn Humiliation and Fasting the which was also observed throughout London and Westminster Brest men did much mischief to the Merchants of Bristol and the Western parts who complained thereof The Parliaments Commander in Scotland apprehended divers of the Kings party The Lord Mayor and the Militia of London attended the Protector with their fuit to him to give leave to revive the Artillery Company in London for the better exercising of the Citizens in Arms and they undertook that none but well affected persons should be admitted into that Company to which the Protector assented Letters that Collonel Hacker had apprehended several of the Conspiratours in Notinghamshâ—re Leicestershire and those parts and kept them all in awe Captain Howard had given to him the Command of Collonel Rich his Regiment An Agent from Portugal brought the Ratification of the Treaty between England and Portugal Several Examinations were taken about the late Risings and Plots The Duke of Lenox dyed at London Letters from Scotland that they were in a quiet condition The Protector by the advice of one Gage a Minister who had been long in the West Indies set forth a gallant Fleet under the Command of Vice-Admiral Pen with a great party of Land-Soldiers under the Command of Vinables many were very eager to ingage in this design being given out in general to be very rich and that it was for the West Indies but it was kept very secret till the Fleet had been gone along time which arrived at the Barbadoes in this month and the thirtieth day of it set sail from thence and steered their Course towards Hâ—spaniola one of the fairest and richest Islands in America under the King of Spains Dominions Who having some inkling of this design sent the Marquis of Leda his Ambassadour to the Protector and the Marquis finding how things went quickly returned to his Master April 1655. April 1655. The Protector and his Councel issued many Orders for the apprehending of several persons suspected to be in the late Plot and they were brought to White-Hall and there examined by the Protector and Secretary Thurloe some of them were discharged but more of them were Committed Collonel Birch and others were secured in Hereford-shire and divers in Northumberland Letters that the Brest Pirates took some English Ships and that General Blake was gone from Tunis to Maltha to demand satisfaction for some Piracies done there upon English men The Protector feasted the Commissioners for approbation of Ministers he sate at the Table with them and was chearful and familiar in their Company and by such kind of little Caresses he gained much upon many persons The King of Sweden sent a Letter to his Highness the Lord Protector in behalf of Lord Lauderdale and his Brother Laundie And the Lord Douglas writ likewise from Stock-holm into England For the release of his poor Kinsman not doubting but that his Highness as a Gratious Prince might be moved to compassion having no powerful or any opposition at all in any of the three Kingdoms For since it hath pleased the Lord of Hosts to bless his actions in such a height that by his valâ—ur his Highness has not only subdued superior and all other power that was against him but also by prudent Conduct of Affairs hath Established himself and these three Nations in one Peaceable Estate What could that augment to his greatness to let his goodness and compassion be made known to the world that he shews upon those whose Lives and Fortunes he has in his hands Upon this Letter and the recommendation from the King of Swedland favour was procured from the Protector to the Lord Lauderdale and his Brother and considerable services were done for them but when the times altered they Scots like remembred nothing of it nor ever returned the least kindness or gratitude for all the good Offices were done them Letters from Scotland of new designs and endeavours of the Enemy there to raise Forces The Protector sent Letters to the Justices of the Peace in York-shire and in most Counties for the watching and apprehending suspitious persons as to the new designs on foot against the Peace of the Common-Wealth and the matter of the Letters was carefully executed Letters were sent to the Lords Commissioners of the Great Seal to attend a Committee of the Council at the Council Chamber They attended accordingly and were acquainted with this Order Monday 23. April 1655. At the Council at White-Hall Ordered by his Highness the Lord Protector and the Councel That the Lords Commissioners of the Great Seal do proceed according to the Ordinance of his Highness and the Councel Intituled An Ordinance for the better regulating and limiting the Jurisdiction of the High Court of Chancery Henry Scobel Clerk of the Councel The Chair-man told them That this Ordinance was made upon
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
be troubled with those matters but in cases of difficulty or matters of Law which could not well be determined by the Commissioners This the Ambassador seemed to like well and said He would consider of it They had much other discourse of Passes and Contrebanda Goods and other particulars of the present Treaty wherein the Ambassador held himself to the same grounds he had formerly insisted on In the Afternoon Whitelock came to White-hall to have given an account of this discourse to the Protector but he was gone abroad and thereupon he found out the Lord Fiennes in the Lobby by the Council Chamber Who sent for Mr. Secretary Thurloe and they three had a long discourse and debate together about this business Whitelock told them That he had excused to the Ambassador the Commissioners not coming to him on Saturday as they intended and gave them a full and clear account of the discourse between the Ambassador and him in the Morning And desired them to observe That the King of Sweden was willing to take in with the Protectors particular Interest as well as with the Interest of our Nation and he thought nothing more considerable as to the security thereof and of the present Government than a Conjunction with Sweden That the Dutch had not the like affection thereunto but most of them were Enemies in heart to the Protector and did but watch for an occasion to show it That their present preparations of a Fleet of 38 Men of War was not to be slighted especially when the Emperour had sent 15000 Men into Flanders That they were at present Friends with our Enemies of Spain and if an opportunity should be offer'd now when we had few Ships of War at home whereby they might bring a considerable advantage to themselves They would be apt enough to lay hold on it And he did advise as a thing in his Judgment at the distance he stood most fit not to send away the Swedish Ambassador with any just cause of discontent to him and his Master but to comply with him as far as stood with their own Judgments and with the Interest of our Nation wherein both of them seemed to agree and the Lord Fienns more Inclinable to the particulars of Satisfaction than the other And concerning Pitch and Tar and Hemp and Flax to be Contrebanda Goods during the War with Spain The Secretary held it reasonable but Whitelock differ'd from him therein especially because at the time when Contrebanda Goods were to be agreed upon and specified we had then no War with Spain and they were the great Commodities of the King of Sweden The Secretary said That tho he should be restrained from carrying or vending them to Spain yet he might to any other Nation and there would be beside vent enough for them Which Whitelock observed as an Argument for the contrary because other Nations would certainly supply Spain therewith altho the Swedes were forbid to carry them The Secretary replied That in whose Ships soever they were taken they should be Prize Whitelock answered That the Lubeckers Hamburgers and Dutch would pretend to be bound for Lisbone and then when they were past our search would carry them into Spain This the Secretary laid hold on as an argument against the Passes and Whitelock answered That it would not be more or less by reason of Passes but he thought it just that the form of Passes should be agreed on because it was so with other Nations and the thing agreed on by the Treaty formerly made The Lord Fiennes said That they had it in their power to agree on no other form but what should signifie little or nothing to the Swedes advantage which Whitelock said would not be Honourable for them to do and he thought more advantage to come to the English by those Passes than to the Swedes because the English did so much exceed them in number of Merchants Ships to which the Secretary said That they would be of use to us only in the Baltick Sea but to the Swedes in all their Voyages Southwards Upon the same reason they were of opinion against that proposition That a Free Ship should make Free Gods which the Secretary said would Encrease their Ships exceedingly and other Nations would Sell or build them Ships to colour the carrying of Contrebanda Goods to our Enemies Whitelock answered That greater advantage would be to us than to them at present but that we could not carry Goods to their Enemies Poland now having no Harbour at all and in Germany the Emperour hath none at any time but for what might fall out hereafter no judgment could be now given They had debates upon several other particulars to the like effect as is here before set down 8. The former Commissioners went in the afternoon to the Swedish Ambassador's House where Mr. Jessop one of the Clerks of the Councel by their direction read the new Articles in English as they were drawn up according to the last Resolves of the Councel after they were read The Ambassador said That he desired to be excused if he should mistake any thing of the Sence of them they being in English which he could not so well understand as if they had been in Latin which they must be put into in conclusion but he did observe on the suddain amongst other things that the specification of Contrebanda Goods did contain in it Pitch and Tar Hemp Flax and Sails these were the great Commodities of his Masters Countries and to be restrained from a Trade with them to Spain or any where else would be of very dangerous Consequence to his Master that they were never yet in any Treaty made with Sweden allowed as Contrebanda Goods and if they should be now allowed so it would be to the extraordinary prejudice of the Crown of Sweden and if allowed in this Treaty with England then other Nations would expect the like And that in the Treaty with the Lord Whitelock at Upsale it would by no means be hearkened unto as he very well knew and he did see a Paper which was given to Mnr. Boneale the Kings Commissioner here of Contrebanda Goods wherein these particular Goods were not Inserted and that he did think the King would be very hardly drawn to consent to any such thing The Lord Fiennes answered That the Articles were brought in English for the saving of time and they should be put in Latin when his Excellency should desire That concerning the specifying these Goods to be Contrebanda It was upon a great Debate of the Council who could not satisfie themselves but that it was fit to be Insisted upon during our War with Spain and there could be nothing of greater advantage to our Enemy or prejudice to us than by furnishing him with those Goods which were of so necessary a use for his supply and without which he could not carry on his War against us which was a Naval War and therefore the Council thought it
what he had privately said to my Lord Protector The Lord Fiennes said That we were tied up to Insist as we did upon the Treaty and If his Excellency had proposed any thing to his Highness by way of Expedient that he might be pleased to speak with him again about it and he hoped that a good Issue would come of it There was also Debate at this time concerning Passes The Ambassadour saying That he observed nothing to be mentioned of them in that which was read The Lord Fiennes said That the Council had had it in debate and did find much difficulty to agree upon a Form of Passes But that the same would be lyable to be counterfeited and much prejudice thereby to England especially in this time of our War with Spain That they had thought of another way which they desired might be propounded to his Excellency that the Commissioners which were to be appointed for restitution of Damages might also be Impowred that when any Ship were brought in to Examine whether she had any prohibited Goods or not and if any Injury or Damage were done to the Party so brought in that those Commissioners should have power forthwith to award Restitution and Satisfaction out of his Estate that did the wrong and If he had not Estate sufficient then the Commonwealth to make Satisfaction and not to have proceedings in the Admiralty Court but only in matters of Law or of great difficulty and this was apprehended to be the best way for avoiding deceits in counterfeiting Passes and colouring of prohibited Goods and the readiest means to obtain Satisfaction where any Injury should be done The Ambassadour said That the Lord Whitelock knew it was much Insisted upon at Upsale that there should be Passes and the Form should have been agreed upon within 4. Months That it was Impossible to avoid former Wrongs and such usage as had been heretofore without Passes and that altho some might counterfeit hands yet they could not counterfeit Seals and If any were taken that did counterfeit let them be hanged and for Commissioners they could not tell how to judge but by the Passes and they must have Rules to go by The Lord Fiennes said That there were many that could counterfeit Seals as well as Hands and that the Seal of the Council it self here had been counterfeited that he believed after some few Examples made for bringing in Ships without cause and sound damages given that very few would be troubled nor any adventure but upon Just ground to hinder any Ship in her Voyage and that some Commissioners might Reside at Dover and another Sett of them at Plimouth and so in convenient Ports in the King of Sweden's Dominions That no Ship should be brought far out of her Way and have a speedy dispatch and three Commissioners being English and three other Swedes there could be no doubt but that Justice would be done to each Party Whitelock acknowledged That the Passes were much Insisted upon at Upsale and that he was very glad he had not there agreed upon a form seeing the Council here did find it so difficult a matter That he was there acquainted with many Complaints against the proceedings in the Court of Admiralty here and that he thought no way better to prevent the like Complaints hereafter than by having such Commissioners of both parts as was mentioned by the Lord Fiennes Strickland said That if we agreed to Passes for the Swedes Ships that the Dutch would Expect the like and that would bring great Inconveniences to this Nation Mnr. Coyett said That It would be Impossible to preserve Terms of Amity and to prevent doing of Injuries unless Passes were agreed upon and that it was so with other Nations and he did not comprehend the Inconveniences of it The Ambassadour said That the Case was not the same to the Dutch as to the Swede because these were the Native Commodities of the King his Masters Territories as Cloth was of England and that the Dutch had little store of any Commodities of their own Countrey That there had been too much cause of Complaint against the proceedings in the Admiralty Court of England and he thought that such Commissioners might be some means to prevent the like cause of Complaints for the future That he desired a Copy of those Articles now debated and If they pleased that he might have it in Latin which he would consider of and return a more particular Answer at the next meeting This was promised to be sent unto him within a day or two and after some discourses upon other parts of the Articles as concerning Levies of Souldiers and Hiring of Ships of War and of their Resort into each others Ports and some other Particulars wherein there was not much debate nor disagreement but only upon the great Questions which is before at large related The Commissioners came away To his Highness the Lord Protector of England Scotland and Ireland The Humble Petition of Jacob Momma of London Merchant THat your Petitioner not above 9. Months last past hath used the Trade by himself and his Agents of making Lattin Wyer and Black Lattin of all sorts out of Coppar a Trade of much advantage to this Commonwealth whereby many Hundreds of poor People may be set on work and the Brass which is tinned out of the Coppar by melting is increased above a third part in weight exceeding the Coppar out of which it is made The Improvement whereof is very useful in this Nation for casting of Ordnance But so it is may it please your Highness That your Petitioner beginning his said Trade The King of Sweden out of whose Dominions the Coppar is brought for Encouragment of the Makers of Brass Lattin Wyer and all sorts of Black Lattin and for Keeping the Management of that Trade within his own Country hath lately raised his Customs there upon Coppar from thence Exported from 7 s. to about 27 s. sterling per hundred weight whereas not above 3 s. sterling per hundred weight is paid there for Lattin Wyer and all sorts of Black Lattin thence Exported which will not only be the destruction of your Petitioner's said Trade but also the ruine of several Families which have dependance on your Petitioner in the managing thereof If some speedy Remedy be not taken therein Now for that your Petitioner ' s said Trade is chiefly carried on by the use of a Native Commodity called Callamy without which Coppar cannot be turned into Brass which is altogether otherwise useless And that the said Callamy may prove a Staple Commodity in this Common-Wealth which will never be wanting therein His humble Suit therefore is That Your Highness would please to be a Means that the Custome upon all sorts of Black Lattin and Lattin Wyer Imported from any Parts into this Common-wealth may be rays'd as in your Highness's Wisdom shall be thought most fit and proportionable to the late raised rates in Sweden upon Coppar Exported thence
and his Council and that not suddenly but after a strict and neer disquisition and examination by a Committee of the Council of every Article of the Treaty and comparing them with the Powers Instructions given to Whitelock when he went Ambassador and that Committee having made Report to the Council That they found nothing done by Whitelock contrary unto but pursuant and according to the Instructions given him and to the advantage of the State The Council and the Protector confirmed unanimously the Treaty by Whitelock made at Vpsall and afterwards his Highness sent an express Envoy namely his own Kinsman Mr. Rolle with the ratification of this Treaty under the great Seal of England to his Majesty the King of Sweden and now after two years there falls out a War between Spain and England begun by us which was in our power to have forborn and one or two Articles in the Treaty made so long before may prove Inconvenient as to this War This will not be found by indifferent Men any objection of much weight against the Treaty nor Cause to lay blame upon the Ambassador who made it The Article of Contrabanda Goods is upon the same grounds to be excused as that of Passes alike left to the Council to specifie the particulars and after an Examination alike confirmed with this That seldome any Treaty is made without the Specification of them and the late Council of State did give in a Paper unto Mnr. Bonele the Queen of Swedens Commissioner here specifying Contrebanda Goods in the time of our War with the Low Countries which was a Precedent and Warrant for Whitelock to do the like As to the 2d objection concerning his being a Lawyer he said he accounted his Procession his greatest Honour and that it did not make him the less capable of serving his Country as the late Long Parliament thought by whom he was constantly elected to be of the Council and former ages had the like good opinion of his Profession but if the present age were wiser than our Ancestors it was because they had 200000 Men in Arms to prove them so and if they disliked the profession of the Law It was because the Law is the only opposer of unlimited will and Arbitrariness which did not love to be curbed And he thought it was no great unhappiness to him to be out of those publick transactions of this time which he conceived might not prove in case of another change wholly free in themselves from all manner of objections and perhaps in some particulars wherein the trouble of being informed that they were contrary to the Law of England would not have been to the prejudice either of the Actors or of their Actions but in time it will be understood that the Law was a good Bulwark for the defence of the rights of the People of England 6. The Swedes Ambassador again complained of the delays in his business and that when he had desired to have the Articles of this Treaty put into Latine according to the custom in Treaties that it was 14 dayes they made him stay for that Translation and sent it to one Mr. Milton a blind man to put them into Latine who he said must use an Amanuensis to read it to him and that Amanuensis might publish the matter of the Articles as he pleased and that it seemed strange to him there should be none but a blind Man capable of putting a few Articles into Latine That the Chancellor with his own hand penned the Articles made at Vpsall and so he heard the Ambassador Whitelock did for those on his part The Imployment of Mr. Milton was excused to him because several other Servants of the Council fit for that Imployment were then absent 8. Upon Summons the Lord Fiennes Strickland Whitelock and Secretary Thurloe met at the Council Chamber and they spent about an hour in considering the several particulars of the present Treaty with the Swedish Ambassador his proposals of alteration in some points formerly treated on with him and the Councils Votes therein they went from thence to the Ambassador all but the Secretary and Complements being past they fell to their business and most of the alterations propounded by the Ambassador being but difference of Expression only were agreed The main things upon which they differed were Whether Pitch Tarr Hemp c. should be Contrebanda goods or not The Ambassador was earnest that they should not and remembred his former Arguments and Reasons upon this point and said that his Master could not consent unto it for Examples Sake to others The Lord Fiennes urged the vote and resolution of the Council upon great debate and reason during the time only of our War with Spain who could not subsist without the Commodity and if we should permit it to be no Contrebanda goods with the Swedes the like would be expected by the Dutch and other Nations and thereby we should give way to the furnishing of our Enemies with that which they most wanted and where-with they could most offend us The Ambassador alleadged the inconvenience to their Trade if it should be admitted that it was their Native Commodity and not of any other Nation that the Swedes had little Traffick with Spain that other Nations would supply them if the Swedes did not That in the list of Contrebanda goods given in by the former Council of State to Mur. Bonele these Commodities were omitted and so he hoped would be now and the rather because it was agreed at the Treaty at Upsale that they should be specified within 4 Moneths and it was then taken for granted as the Lord Whitelock knew well that these Commodities should not be taken for Contrebanda Whitelock answered That at the Treaty at Upsale the General was only agreed that there should be a Specification within 4 Moneths in which time none was here on the part of Sweden to agree to a denomination of particulars That it was left to the future Agreement to Specifie them and no particulars agreed upon at Upsale that sinee that time there was a great Change both in our Affairs and in those of the King of Sweden which must necessarily be regarded in the Specification of Contrebanda goods and our War with Spain did require a Special Care not to suffer them to be furnished with such Commodities with which they would most offend us as the Lord Fiennes had declared that if the Swedes had little Traffick to Spain his Excellency might with the less prejudice to them agree that these Commodities should be Contrebanda That the Paper given to Mnr. Bonele was when we had no War with Spain or any other Nation perhaps the Commodities not then in debate Strickland mentioned the Low Countreys prohibiting these Commodities to be brought to us in our War with them Mnr. Coyett said That was never submitted unto by any Nation that could be strong enough to withstand it The Ambassador said
he could tell them a pleasant Story which was nothing but of the Hollanders releiving with provisions and powder a Town while it was besieged by the States and so he said other Nations would supply the Spaniard if they did not The Lord Fiennes proposed the former design of our Merchants to buy up at a certain Rate all those Commodities from the Swedes The Ambassador said That would require a long time to alter the Factors and Assignations and places of Shipping and the price and many other particulars which could not easily nor quickly be done and that those goods were most in private hands of Merchants Whitelock said the same goods at the same places of Shipping and at a certain price all to be vended he thought would be quickly agreed upon by private Men being for their advantage Nothing was concluded upon this point Then the Ambassador excepted against the words in the Specification of Contrebanda goods viz. Instrumenta Bello inservientia saying that this did take in all things what soever for they might serve for War and he desired the words might be Instrumenta Bellica as words less capacious than the other this to please him with his own expressions was consented unto The next great debate was upon the point of Passes which the Ambassador said were necessary to be had and agreed upon or otherwise the people of his Master must be still great Sufferers and be highly oppressed as they had been in the time of our War with the Dutch and he grated much upon those Injuries which could not be prevented but by Passes which were expresly agreed upon by the Treaty of Upsale Whitelock said That in England and other Countries people were apt to loose their sight in their own Cases and that when both sides were heard the same appeared to be true and he did believe the like would appear when both parties came to be heard in those Cases whereof so much Complaint had been made by one party only to his Excellency And that the Article for Commissioners on both sides to be appointed both for past Injuries and for the future to give a just Satisfaction he did believe would prevent the like hereafter and be of great advantage to both Nations That what was agreed at Upsale did appear in the Articles of that Treaty which as to Passes did Consent that there should be such and the Form only referred for a future Agreement and there is nothing else but the Form to be agreed on and that seems difficult enough to avoid the deceits in Counterfeiting of them and under pretence of them to have other Nations carry prohibited Goods to our Enemies and by reason of the Change of Affairs since that general Agreement there must of necessity be a greater Care to avoid Inconveniencies which may arise by those Passes That the Proposition of giving power to the Commissioners on both sides to hear and determine all differences upon the bringing in of any Ship suspected justly to have a false Pass or prohibited Goods in her will prevent the delayes and Injuries complained of and be a means to preserve the Amity of both Nations the better The Ambassador with some quickness replyed That by the Treaty of Upsale and of necessity it must be so A Ship showing her Pass was not to be troubled any further nor to be brought in at all but permitted to proceed in her Voyage without any visiting or examination Whitelock said That by the words of the Article of Passes in that Treaty the Ship showing a true Pass was to be permitted to proceed in her Voyage but if there were a just suspition of a Counterfeit Pass or having Prohibited Goods no words of that Article did forbid the bringing in of such a Ship but provided that such should be punished which could not well be without an Examination nor can the matter be examined unless by bringing in the Parties concerned before the Judges which are to examine them and it will be more for the advantage of both parties to be brought only to Dover or Plimouth or Hull or other Convenient Port Townes and before Commissioners whereof some are their own Countrey-men rather than to the Court of Admiralty against whom they have made so many Complaints before The Lord Fiennes seconded that proposal of Commissioners to determine all Matters of this Nature And said that the Article of Passes in the Treaty of Upsale could not be understood that Ships showing a Pass although Counterfeit or having Prohibited Goods should nevertheless be free from Examination Neither did the words of that Article import any such Sence but agreed those to be punished who should do any thing contrary to that Articles And that having a Counterfeit Pass or Prohibited goods would be contrary to that Article The Ambassador said That if any Ship were brought in upon such a Suspition if it did not prove true the Parties would suffer great Injuries by being brought up The Lord Fiennes and Whitelock said That the Commissioners in such Cases were to be impowred to give satisfaction out of the Parties Estate who should do the wrong and if that were not sufficient then the State to make it good The Ambassador went off from this point and mentioned the Forfeiture for having Prohibited goods proposed by the Councel to be those goods and the Ship also where they were found which he said was unreasonable and would ruine their Trade if consented unto nor was it ever done in any Treaty that he had seen but he proposed that the Prohibited goods only should be forfeited and no other goods in the Ship nor the Ship in any Case The Lord Fiennes said That if the Forfeiture should be so small as the Prohibited goods only it would encourage People to adventure to carry those Goods and that the Forfeiture of the Ship would cause the Master of it to take care that no Prohibited Goods should be taken aboard his Ship and he might have security of the Merchants which would prevent any damage to him or to the Ship or Trade Several other Matters were debated amongst them but it growing late they came to no Conclusion but each insisted upon their own opinions and little was agreed but only to meet again the next Tuesday 13. Tuesday The Commissioners went to the Ambassador of Swedens House about 5 a Clock this Evening where they had a long debate with his Excellency upon the former points not agreed on First about the Enumerating amongst the Contrebanda Goods Pitch and Tar and Hemp c. To which the Ambassador would in no wise yield and dilated upon the same Arguments he had before urged on this Matter adding this That it was known to the Lord Whitelock That in Finland it was their Chief Commodity which if they should not vend yearly having great quantities of Pitch and Tar the Countrey could not subsist nor would the Commodity last above one year in the Vessels but by reason of the
great strength of it being kept longer it would break the hoopes of the Vessels and be lost and if the least Restraint should be put upon the vending of it to any place the Inhabitants of Finland would think themselves undone and it would be a great prejudice to their Trade besides if it should be forbidden to be carried to Spain it would cause the Spaniard to seek out elsewhere for Pitch and Tar and possibly it might be had in America and if that should come to pass it would wholly overthrow the Trade of Finland Further he said That in case the Spaniard should want their Pitch and Tar that yet he had the Oyl of a certain Fish which he could make use of instead of Pitch and Tar which might turn to the great prejudice of his Masters Subjects The Lord Fiennes answered as formerly these Arguments and said That if the Swedes had so little Trade with Spain the forbearing of it during our War would be the less prejudice to them that the restraint would be only as to Spain not as to any other Nation and but for a time during our War with Spain Whitelock said That the Pitch and Tar from Finland was to be had in great quantities and better and at a lower rate than it would be had from America and so long there would be no danger to the Trade of that Countrey and for the Oyl of the Fish which the Spaniard might make use of it was perhaps in case of Necessity when they could get no Pitch and Tar which was so much to be preferred before that Oyl that the Oyl would never be made use of if they could get the other Whitelock also seconded a Proposition made formerly by the Lord Fiennes That some Declaration should be agreed on that Pitch and Tar was not determined one way or other as to Contrebanda Goods but left to know the Kings pleasire about it and in the mean time it should not be taken to be omitted as not Contrebanda Goods which last part he thought might be left out of the Declaration this was thought worthy Consideration by the Ambassador and from thence they went to the point of Passes Wherein the same Arguments were used as formerly on both parts the Ambassador much enlarging himself in the Repetition affirming also that both this matter of Passes and that of Contrebanda Goods were once agreed upon as now he desired and as he could prove though now the War between us and Spain had occasioned us to stand upon these alterations on our part The Lord Strickland mistaking the Ambassador and very ready to know any thing which might reflect upon Whitelock demanded if these things were agreed in the Treaty of Upsale Whitelock answered That he supposed that Treaty had been perused and no such matter would be found to be agreed in it but the general only that there should be a specification of Contrebanda goods and a Form of Passes to be agreed upon here But Whitelock understood these words of the Ambassador to reflect upon him and upon a Letter which Whitelock by direction here had written to Mr. Laggerfeldt to this effect That he had presented the Form of Passes and the list of Contrebanda goods which was delivered to him at Upsale unto the Councel here and he did not doubt but that there would be a good Agreement upon them But Whitelock not having any Copy of his Letter to Mr. Laggerfeldt nor any writing or order to Warrant his Letter and the Reflection upon it by the Ambassador not being plainly expressed nor observed by his Fellow Commissioners he thought it best not to take notice of it himself nor to draw it in question but insisted upon the Treaty of Vpsale in the Answer to it and again mentioned the former proposition of Commissioners to be appointed for restitution who might also have power to determine the difference upon the bringing in of any Swedish Ship hereafter in a Summary way and to be resident at convenient Ports near the Sea But this the Ambassador did not think good to assent unto and this brought in the debate concerning these Commissioners Wherein the Ambassador insisted to have rules given to the Commissioners for restitution which he had set down in writing and were to this Effect That these Commissioners should give damages to such Swedes whose Ships had been brought in and questioned here during our War with the Low-Countries if those Swedes should bring before the Commissioners Certificates from Port Towns or Governours of the King of Swedens Territories that those Ships so brought in were then belonging to the Kings Subjects The Lord Fiennes said That this seemed not to be reasonable to give Rules now for that which was done before the Rules were given That here and in other places it was no difficult thing to obtain Certificates from Towns upon Misinformations or upon particular Affection and this might prove to the great prejudice of England That in our Treaties with France Denmark and Holland wee had an Article appointing Commissioners for Restitution and in none of them were any such Rules given yet they proceeded to determination of the differences secundum aequum bonum and there was a very good Issue of it Whitelock said That Laws and Rules were not to be made to look back that the particular Cases which should come before the Commissioners were to be considered according to such Circumstances only as were then in question when the business was formerly under Examination and to bring Supplemental Proofs now and to procure subsequent Passes and Certificates might be a means not only to give Restitution to all Swedes but to the Dutch also The Ambassador answered That the Treaties with Denmark and Holland upon the point of Restitution were in single Matters as that of seising our Ships at one time in the Sound and that of Amboyna But in this Treaty it was upon many particulars They agreed it being very late to have a Declaration drawn up as was moved concerning Contrebanda Goods as to Pitch and Tar and Hemp c. and to meet again this day Seven-night 20. Tuesday The Commissioners according to the former appointment met at the Swedish Ambassador's House this Evening where the Lord Fiennes did acquaint his Excellency That since the last Meeting those Matters which remained yet in difference and were not fully agreed upon were tendred to the Councel who upon serious debate and Consideration thereof were of opinion that they would in no wise depart from the former Resolution But thought it very reasonable to be insisted on that Pitch and Tar and Hemp should be accounted Contrebanda goods during our War with Spain and his Highness and the Councel being of this opinion and understanding that there was but little Trade between Sweden and Spain and therefore the inconvenience to have them Contrebanda Goods would be the less to the King of Swedens Subjects but on the other side it would be so great
a prejudice to England to have the Spaniard at this time to be supplied with those Commodities which they had need of His Highness and the Councel did hope that the Ambassador would consent to have them specified amongst the Contrebanda Goods and that the Declaration by way of Expedient drawn up and sent by his Excellencie to the Lord Fiennes being considered by the Councel they were of opinion that the same did determine the question that they should not be accounted Prohibited goods and afterwards Referred them to a future determination and in the mean time it might occasion differences and quarrelling upon that point between the People of both the Nations The Ambassador endeavoured to maintain the reasonableness of that Declaration and said That he would not agree to have Pitch c. to be specified among the Contrebanda Goods and repeated his former Reasons and Arguments at large upon that Subject and in the conclusion said that it was once approved of here after the Lord Whitelocks return from Sweden that they should be lest out of the number of Contrebanda goods as he could make it appear And then called to his Secretary for a Paper which being given him Whitelock did imagine to be a Letter that he had written to Mr. Laggerfeldt and thereupon thought fit to mention it first himself and said that he had observed now and at former debates that the Ambassador did glance at a Letter which he had formerly writ to Mr. Laggerfeldt and lest more might be apprehended of it than the Letter it self would bear he thought fit himself to acquaint what it was which he did imagine the Ambassador intended by those expressions He told them That after his Arrival in England and an account given by him to his Highness and the Councel of his Negotiation in Sweden and the same throughly looked into and approved His Highness and the Councel thought fit to Confirm the Treaty made by him at Upsale and there having been some debate concerning the Articles of Passes and of Contrebanda Goods the same were also ratified with the rest That this being done Whitelock thought fit to certifie Mr. Laggerfeldt thereof which he did by Letters not long after and the Ambassador having before intimated something of these Letters Whitelock thought good to look out the Copies of them amongst his Papers and found nothing in them to this purpose but only that his Highness and the Councel had ratified the Treaty made by him at Upsale and had agreed that there should be a list of Contrebanda Goods and a Form of Passports which was part of that Treaty but nothing was said in that Letter of the Form of Passports or list of Contrebanda Goods given in to him by the Queens Commissioners at Upsale nor that those were by Whitelock delivered in here or that those were agreed upon by his Highness and the Councel That he had not the honour to be of his Highness Councel and that his Commission of Ambassador was then ended and that he wrote this Letter as a private Man and if it had been as a publick Person yet nothing of Weight as to this Matter could be collected out of it the words being as he related To this the Ambassador made no Reply but gave back the Paper again and said he believed that the Lord Whitelock when he was at Upsale would not have insisted that Pitch and Tar and Hemp should be accounted Prohibited Goods The Lord Fiennes said he perceived that there was much debate at Upsale concerning these Points which occasioned the Lord Whitelock to refer the determination of them to the Lord Protector and his Councel to be determined by them here Whitelock said That indeed there was much debate at Vpsale concerning these Matters especially about Passes and he thought fit to refer the determination thereof to His Highness and the Councel and was glad he had done so and the more because of the difficulty now made here about them he did ingenuously Confess that when he was in Sweden England being then in War with the Dutch his Judgment was not to insist upon the having of Pitch c. to be Contrebanda Goods but rather that they should not be esteemed so and his reason was because the Dutch could have them notwithstanding by small Vessels which should take them in at Hamborough or have them brought from Lubeck most part of the way by Water except about 20 miles by Land to Hambourgh and from Hambourgh in those Vessels they could bring them down the Elbe and from thence by the Flats which are shole Waters full of Sand on the Coast of Bremen and so along to Holland without going at all into the open Sea or coming within the danger of our Ships which could not come among those Flats nor hinder the Dutch from having of those Commodities But on the other Side they could not be brought to England but through the wide Sea where they were subject to the danger of being intercepted by our Enemies and if he should then have agreed to have them Contrebanda Goods he conceived the same would have hindred England's being supplied and not have hindred our Enemies having of them But now he said our War with Spain had made a great difference as to that Matter because they could not have them but through the wide Sea where they must be brought by us and we should watch the Conveyance of them The Lord Fiennes then fell upon the point of Passports and said that if his Excellency did not approve of the Proposal for the Commissioners for restitution to examine and determine all differences upon the bringing in of Ships for the future that then a Form of Passports should within a few dayes be sent unto him which the Ambassador seemed to acquiesce in Then the Lord Fiennes said That his Highness and the Councel had likewise considered the Rules which his Excellency had proposed for the Commissioners for Restitution of Damages to walk by and did apprehend the same to be very unequal to make Rules now for Cases that had been formerly adjudged and to give such Regard to Certificates to be now procured for Matters long since past and said that either from some place in Sweden or Denmark or some of those Parts a Counterfeit Pass had been procured as was proved and confessed The Ambassador seemed to be Nettled at the mention of a Counterfeit Pass procured from his Country and said they did so highly value their Honour that if any should do such a thing he would not be received in any honest Company afterwards and said that in his Countrey they esteemed Certificates from good men or from Magistrates of Towns far better Testimony than Witnesses upon Oath if they were not of great Quality who did testifie upon Oath and he much insisted upon the having of those Rules and urged the same Arguments as formerly Whitelock said That to give these Rules to the Commissioners were to make a Law
English which he did and the Protector said he would consider of the business Upon advice with his Council about it some of them to shew their Extraordinary care of his person suggested that this Messenger being an Italian who were skilful in the art of poysoning and ready to be hired for such a purpose might bring poyson with his Letters to the danger of his Highness and therefore diswaded him from receiving of this Messenger or permitting him to come into his Highness presence The Protector smiling acquainted Whitelock with this cautious Counsel who convinced the Protector of the folly of it and the high disstast that would be taken by the Queen in case her Secretary should be denyed audience The Protector replyed that the Messenger desired to deliver his Errand in private to the Protector and none to be by but one more whom the Protector should appoint and that person his Highness said he intended should be Whitelock who said that if he were by when the Gentleman delivered his letter he would first receive it of the Gentle-man hazard the danger of being poysoned by it at which the Protector laughed and appointed a day for the Gentlemans audience At that time Whitelock only was present with the Protector and the Gentleman offering to deliver the letter to his Highness Whitelock took it first from the Gentleman and then he delivered his secret Message to his Highness which Whitelock interpreted from the French and it was a particular account of the causes why she ordered her Servant the Italian Marquis to be put to deathin France and he also propounded to his Highness several matters in order to alliances with foreign Princes which were of great consequence and probable advantage to England and the Protector seemed well pleased with it Whitelock procured a civil treatment of the Gentleman whilest he was here and a respectfull answer to his business and dismission of him her Majesty had satisfaction in it as well as her Secretary 5. Whitelock having as Chairman dispatched the great point of the humble petition and advice touching the title of King which was now laid aside he absented himself as much as he could from the Committee that some other might be employed in the other points relating to the Petition and the Master of the Rolls Lenthal reported from the Committee that his Highness had appointed them to attend him this afternoon which the House ordered 6. The Committee attended his Highness who desired that the house would give a meeting to morrow 7. The Master of the Rolls reported this to the House and that since that appointment his Highness had sent for some of the Committe and desired that the Committee would meet him this afternoon and that the meeting of the House with him this day might be put off which the house ordered 8. Whitelock reported their attendance upon his Highness and that he desired the House would meet him this morning and they presently adjourned to the Painted Chamber 11. The Bill for the Adventurers in Ireland read 15. The House debated the Protectors answer to the Petition and Advice 19. The House resumed the debate upon the Protectors answer to the Petition and Advice and voted his Title to be Lord Protector and referred it back to the Committee to consider it 22. The Committee reported to the House the Bounds and Limits of the Title of Lord Protector and the House agreed to it 25. A Committee named to attend the Protector to know what time the House should wait on him about the Petition and Advice and this afternoon being appointed by his Highness the House waited on him and presented it to him and desired his consent thereunto The Petition and Advice was in these words To his Highness the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging The humble Petition and Advice of the Knights Citizens and Burgesses now Assembled in the Parliament of this Common-wealth WE the Knights Citizens and Burgesses in this present Parliament Assembled taking into our most serious Consideration the present State of these Three Nations Joyned and Vnited under Your Highness Protection cannot but in the first place with all Thankfulness acknowledge the wonderful Mercy of Almighty God in delivering us from that Tyranny and Bondage both In our Spiritual and Civil Concernments which the late King and his Party designed to bring us under and pursued the effecting thereof by a long and Bloody War And also that it hath pleased the same gracious God to preserve Your Person in many Battels to make You an Instrument for Preserving our Peace although environed with Enemies abroad and filled with turbulent restless and unquiet Spirits in our own bowels that as in the treading down the Common Enemy and restoring us to Peace and Tranquillity the Lord hath used You so eminently and the worthy Officers and Soldiers of the Army whose Faithfulness to the Common Cause We and all good men shall ever acknowledge and put a just value upon So also that he will use you and them in the Settlement and Securing our Liberties as we are Men and Christians to us and our Posterity after us which are those great and glorious ends which the good People of these Nations have so freely with the hazard of their Lives and Estates so long and earnestly contended for We consider likewise the continual danger which your Life is in from the Bloody Practices both of the Malignant and discontented Party one whereof through the Goodness of God you have been lately delivered from It being a received Principle amongst them That no Order being Setled in your Life time for the Succession in the Government nothing is wanting to bring us into Blood and Confusion and them to their desired ends but the destruction of Your Person And in case things should thus remain at Your Death we are not able to express what Calamities would in all humane probability ensue thereupon which we trust Your Highness as well as we do hold Your Self obliged to provide against and not to leave a People whose common Peace and Interest You are intrusted with in such a condition as may hazard both especially in this Conjuncture when there seems to be an opportunity of coming to a Settlement upon just and legal Foundations Vpon these Considerations We have judged it a duty incumbent upon us to present and Declare these our most just and necessary Desires to Your Highness I. That Your Highness will be pleased by and under the Name and Stile of Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To hold and exercise the Office of Chief Magistrate of these Nations and to Govern according to this Petition and Advice in all things therein contained and in all other things according to the Laws of these Nations and not otherwise That Your Highness will be pleased during Your Life
the contrary And that all Writs and all Commissions Indictments or Informations Process Actions Suits Bills or Plaints taken out or now depending in any Court of Record at Westminster or any other Court of Record in England Scotland or Ireland or in the Town of Berwick upon Tweed And all Process Pleas Demurrers Continuances and Proceedings in every such Writs Indictments Informations Actions Suits Bills and Plaints shall be retornable stand good and effectual and be prosecuted and sued forth in such manner and form and in the same state condition and order the Style and Teste of Proceedings after passing of these presents being made conformable thereunto this present Petition and Advice or your Highness assent thereunto or any Law Custome or usage to the contrary thereof in any wise notwithstanding And that any variance that shall be occasioned by reason thereof touching any the said Writs process or proceedings in the Name Style Teste or otherwise shall not be in any wise material as concerning any default or errour to be alledged or objected thereunto XVIII And that your Highness and your Successors will be pleased to take an Oath in such form as shall be agreed upon by your Highness and this present Parliament to Govern these Nations according to the Law And in case your Highness shall not be satisfied to give your consent to all the Matters and Things in this Humble Petition and Advice that then nothing in the same be deemed of Force to oblige the People of these Nations in any the particulars therein contained And these our desires being granted by your Highness we shall hope through the rich mercy and goodness of God that it will prove some remedy to those dangers distractions and distempers which these Nations are now in and be an effectual means to remove those jealousies and fears which remain in the minds of many men concerning the Government of this Common-wealth And thereby we shall be enabled and encouraged with all chearfulness to the setling of such things which shall be further necessary for the good of these Nations and be most ready to joyn with You in promoting the work of Reformation happily begun by your Highness the regulating Courts of Justice and abridging both the delaies and Charges of Law Suits and apply our selves to such other Courses and Councels as may be most like to heal our breaches and divisions and to restore these poor Nations to a Vnion and consistencie with themselves and to lay a foundation of further confidence between your Highness and them to the rejoycing of the hearts of our friends and terror of our Enemies His Highness answer thereunto after a solemn Speech to them Read by the Clerk of the Parliament in these words The Lord Protector doth consent 26. Further consideration of the Settlement of the Nation by the Parliament 28. A Letter from the Protector to the House with a Petition inclosed from the Army in Ireland which the House referred to the Committee for Ireland June 1657. 1. A Bill for maintenance of Ministers in the City of Bristoll 3. A Day of Thanksgiving for the success of General Blake against the Spanish Fleet at Sancta Cruz. 4. A Bill for the better choosing of persons into places of trust 9. The House went to the Painted Chamber when the Protector met them and made a solemn Speech to them in Answer to the Speech of the Speaker to him and passed these Bills following An Act for an Assessment upon England at the rate of 60000 l. by the Month for three Months from the 25th day of March 1657 to the 24th day of June then next ensuing An Act for limiting and setting the Prices for Wines An Act for the taking away of Purveyance and Compositions for Purveyance An Act against Vagrants and wandring idle dissolute persons An Act giving licence for transporting Fish in foreign Bottoms An Act for three Months Assessment in Ireland for the maintenance of the Spanish War and other Services of the Common-wealth 13. The humble additional and explanatory Petition and Advice debated in the House 19. A Bill for the surveying of some Forests and a Bill for ascertaining the Publick Faith Debts 20. Much Debate was upon the Bill for restraint of new Buildings in and about London Letters from the Protector to the Speaker for putting off the Adjournment of the Parliament for four or five days 22. A Bill for Importation of Bullion 23. A Committee to prepare an Oath to be taken by the Lord Protector and for the solemnization and publishing of his Highness acceptance of the Government and touching the settlement of his Highness Council An Act of Indempnity 24. Upon a Report from the Committee and some Amendments the House agreed to the Form of an Oath to be taken by the Protector and to another Oath to be taken by his Council and an Oath was agreed to be taken by the Members of Parliament and they agreed to a Paper touching the summoning such persons before the next meeting of Parliament and who are to serve as Members in the other House of Parliament according to the humble Petition and Advice and they agreed touching the Solemnities of his Inauguration A Committee appointed to acquaint the Protector with these Votes and to shew him the Oaths and to desire him to appoint times for the execution of them and for his consent to the Bills passed the House 25. Sir Harbottle Grimston published the Reports of Judge Croke 26. The Parliament ordered the Master of the Ceremonies to give notice to foreign Ambassadours and Ministers of the Inauguration of the Protector Order for the Commissioners of the Seal with advice of the Judges to prepare and frame a Writ for summoning the Members of the other House of Parliament to meet at such time and place as shall be appointed by his Highness and the Commissioners are to seal such Writs and to issue them out to such persons as his Highness under his Sign Manual shall direct and appoint A Bill passed for adjourning the Parliament from this 26th of June to the 20th of January next A place being prepared at the upper end of Westminster-Hall in the midst of it was a rich Cloth of State set up and under it a Chair of State upon an Ascent of two Degrees covered with Carpets before it a Table and a Chair by it for the Speaker on each side of the Hall were Seats built one above another and covered for the Members of the Parliament below them Seats on the one side for the Judges and on the other side for the Lord Mayor and Aldermen of London About Two a Clock in the Afternoon the Protector met the Parliament and gave his consent to some Bills then the Speaker and Members went to their places in Westminster-Hall and the Judges and Aldermen took their places A little time after this his Highness came attended with his own Gentlemen and with the Heralds Serjeants at Arms The
before he sit in Parliament shall from and after the first day of July 1657. take an Oath before persons to be Authorised and appointed by your Highness and Successors for that purpose in the form following I A. B. doe in the presence and by the name of God Almighty promise and swear that to the uttermost of my power in my place I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament and encourage the Profession and Professors of the same and that I will be true and faithfull to the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto beloâ—â—â—ng as Chief Magistrate thereof And shall not Contrive Design or Attempt any thing against the Person or lawfull Authority of the Lord Protector and shall endeavour as much as in me lies as a Member of Parliament the preservation of the Rights and Liberties of the People That your Highness would be pleased in convenient time before the next meeting of this Parliament to cause several summons in due form of Law to be issued forth to such persons as your Highness shall think fit being qualified according to the Humble Petition and Advice of the Parliament whereto your Highness hath consented to sit and serve as Members in the other House of Parliament by which summons the said persons shall be respectively commanded to be and personally to appear at a certain place and time to be appointed by your Highness to give their Advice and Assistance and to do such things concerning the Great and Weighty Affairs of this Common-wealth as to the other House of Parliament doth appertain by the said Humble Petition and Advice That the Persons so summoned and Assembled together shall be and are hereby declared to be the other House of Parliament and shall and may without further Approbation of this House from such time of their meeting proceed to do and perform all such matters and things as the other House of Parliament ought to do and perform and shall and may have and exercise all such Privileges Powers and Authoryties as the other House of Parliament ought by the aforesaid Humble Petition and Advice to have and Exercise the said Humble Petition and Advice or any thing thereincontained to the contrary thereof notwithstanding Which Petition being presented the 26 day of June 1657. His Highness answer thereunto was read by the Clerk of the Parliament in these words The Lord Protector doth consent July 1657. 1. The Protector was proclaimed in the City with great solemnity 16. Letters of the Victory obtained against the Moscovites by Grave Magnus de la Garde in Liefland August 1657. 10. News of the Death of General Blake on Ship-board in his return from the Spanish coast in Plimouth sound he was a man of as much Gallantry and Sincerity as any in his time â— and as successfull 11. Vice-Admirall Bodiley dyed 13. News of the War proclaimed by the King of Denmarke against the King of Sweden 15. News of the engagement between the Swedes and Danes in Schonenland and that the Swedes had the better 18. Order of the Protector and Council for releasing Children taken up and put on Ship-board by such as are called Spirits and for punishment of such persons 24. New Plots against the Protector discovered 28. Applications about farming of the Customs and Excise and reasons given against it 29. Colonel Jephson was sent by the Protector as a publick Agent to the King of Sweden 31. Mr. Meadow one of Thurlow's Secretaries went a Publick Agent from his Highness to the King of Denmarke September 1657. 2. The Portugal Ambassador had audience 4. The Funeral of General Blake which was performed with great solemnity 14. The Protector advised with Whitelocke about the besieging of Dunkirke by the English and French Forces which were now drawn near to it 16. The Lord Ambassador of France had audience of the Protector 17. News of the King of Sweden's driving the Danish Forces out of Jutland and his advancing near Scagan 24. The Lord Fairfax his Daughter and Heir was married to the Duke of Buckingham 25. Letters of the taking of Mardike by the English and French Forces 29. The Protector discoursed with much pleasure about the taking of Mardike 30. News of the Sea fight between the Swedes and Danes and that the Swedes got the better of it October 1657. 11. Whitelocke was desired to meet the Committee for Ejecting scandalous and insufficient Ministers but he liked not the work 13. Warrants sent to Whitelocke to sign for one hundred thousand pound per. ann for the expences of his Highness House-hold and for one thousand pound for Mardike 25. The Provost of Eaton College Mr. Rous being dead Whitelocke had some thoughts and was advised by some friends to endeavour to have the place of Provost a thing of good value quiet and honourable and fit for a Schollar and Whitelocke was not wholly uncapable of it he therefore made applications to his Highness concerning it but found him Ingaged or at least seeming to be so for another Whitelocke's service was past and therefore no necessity of a Recompence but this was reserved as a Bait for some others to be imployed by his Highness 30. The Protector advised about incouraging the Fishing Trade News of the Enemies attempt to regain Mardike and how gallantly they were repulsed by Sir John Reynolds and the English in the Fort and that the King of Scots was with them November 1657. 3. Applications from Sir Charles Wolseley for his salary of one thousand pounds per. ann to be paid as a Counsellor In favour of the poor Lord Ruthen it was procured that his Petition should be referred from his Highness to the Council for relief of the Lord. The Commissioners of the Treasury with many Grandees were present at the Tryal of the Pixe in the Tower 5. Mrs. Mayerne Daughter and Heir of Sir Theodore Mayern the great and rich Doctor of Physick made Applications to the Protector about matters of her Estate This Young and wealthy Lady was afterwards married to a French Marquess of Mountpellion who had hopes to make up his small fortune by this Ladies great Estate This Marquess came into England with Letters from the King of France and from the Marshall Turene to the Protector in favour of the Marquess who earnestly sollicited the Protector about it and Sir John Colladon Doctor of Physick with all the Interest that he could make as earnestly opposed the Marquess claiming a Title to part of the Estate by Sir Theodore Mayern's Will if his Daughter dyed without Issue The Protector would doe nothing in this business without Whitelocke's advice and his Highness did very justly determine what belonged to him to do in it 8. Souldiers were shipped for the service of the King of Sweden
the full and perfect state of your Revenue you will particularly understand from the Lords Commissioners of the Treasury and such other Persons as his Highness will appoint to inform you therein which cannot be expected at this time from me who have already held you too long and spent too much of your time and tired out your patience which you will have occasion enough to make use of to better purposes This only I shall add before I conclude That though I shall not I must not I dare not flatter Man in the presence of God and his presence is more than ordinary in such Assemblies as this yet you all know and the three Nations know and all the Nations round about us know that the Quiet Peace and Welfare of these Nations doth at present in great measure under God depend upon his Highness life And therefore with hearts and hands lifted up to Heaven let us pray for the continuance of it and of the Influences of God's gracious Spirit upon his Mind and Heart for the Weal and good Government of these Nations And Sir what ever you are or shall be what ever you have done or shall doe and what ever Abilities you are or shall be endowed with are not from nor for your self but from and for God and for the good of men and especially of God's people amongst men To which ends that you may lay forth your self and them and improve all the Opportunities and employ all the Power which God hath put into your hands is the Hope is the Prayer of all good men And in so doing you shall have Comfort you shall have Honour and we shall have Safety and we shall have Happiness that happiness to see Truth and Peace Justice and Mercy kiss each other and Christ set upon his Throne in these Lands not in that litteral and carnal way which hath so much intoxicated the Brains and Minds of many in these our days but in Spirit and in Truth and more conformable to that which Christ himself hath pronounced That his kingdom is not of this world And yet must all the Kingdoms of the World be subservient to that World which is to come to that Kingdom which is above Whereupon having our eyes fixt let us bend our course that way with our faces thitherward discharging every one his duty in his place diligently and faithfully and finishing the work which God hath appointed us to doe in this life that in the life to come we may hear that sweet and blessed voice directed unto us Come good and faithfull servants enter into your masters joy 21. The House of Lords appointed a Committee for Privileges and a Committee for Petitions and sent to the House of Commons for a Day of Humiliation to be appointed The Messengers were two of the Judges who all sate Assistants as formerly in the House of Lords 25. Upon a Letter from the Protector to the Speaker of the House of Commons they met his Highness in the Banquetting-house and he exhorted them to unity and to the observance of their own Rules in the Petition and Advice and gave them a state of the publick accounts and good counsel 27. Both Houses kept a Day of Humiliation within their own Walls 28. The House of Lords sent a Message to the House of Commons three days past by Judge Windham and Baron Hill the House of Commons put off the Answer to that Message Sir Arthur Hasilrigge and some others not allowing the House of Lords and fomenting by their dissatisfied Spirits a difference betwixt the two Houses This day they again put off their Answer to the Message which caused distaste in the other House and Protector and was contrary to what themselves had at their last Meeting assented unto 30. The House of Lords taking into consideration the state of Affairs relating to foreign Princes and states and particularly to Sweden Whitelocke gave them a full account of his Negotiation in Sweden and of the Interest of this Nation in relation to Sweden with which account the House seemed greatly satisfied The House of Commons again put off their Answer to the Lords February 1657. 2. The Debate of the Answer of the House of Commons to the Message of the Lords House was again adjourned 3. The House of Lords sent another Message by two Judges to the House of Commons who told them they would send an Answer by Messengers of their own And then the House of Commons as formerly took in Debate what Appellation they should give to the other House many were against the calling of them the House of Lords some were against the having of such another House perhaps because they were not thought fit to be Members of it and others were against it upon other fancies and upon a Spirit of contradiction and some spake reproachfully in the House of Commons of the other House All these Passages tended to their own destruction which was not difficult to foresee The Protector looked upon himself as aimed at by them though with a side-wind and testimonies of their envy towards him and he was the more incensed because at this time the Fifth Monarchy-men began again their Enterprizes to overthrow him and his Government by force whereof there were clear discoveries he therefore took a resolution suddenly to dissolve this Parliament He was disswaded from it and told the danger of frequent dissolving of Parliaments the streights it would bring him into for money which he could not raise without the highest discontent except it were given by them that a little time would cool these heats and bring the Parliament into a better temper but some fierce men and flatterers to comply with him advised the dissolving of them 4. The Protector came to the House of Lords in the Morning and caused the Usher of the Black Rod to go to the House of Commons and acquaint them that his Highness was in the Lords House and there expected them Thereupon the Speaker and the whole House came to the Lords House where his Highness made a Speech to them declaring several urgent and weighty Reasons making it necessary for him in order to the publick peace and safety to proceed to an immediate dissolution of this Parliament And accordingly his Highness dissolved the Parliament Some were troubled at this others rejoyced at the troubles and were suspected to be Assisters of the new Designs of Insurrection Divers were imprisoned upon the new Plot and the Protector and his Council were busie in the Examinations concerning it And Thurlo did them good service Major General Harrison was deep in it 12. Divers seditious Books taken of the Conspirators News of the King of Sweden's success in Liefland against the Poles and that by the Frost he marched his Troops of Horse over the Ice cross an Arm of the Sea and got by that means into the Isle of Fuenen which he gained that he
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-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
Petition Another answer to the Petition of Right June 7th Dr. Lambe Votes against Bishop Neal and Laud and the Duke Remonstrance Message Remonstrance Parliament Prorogued to Octo. 20. The Duke stabbed by Felton Parliament Prorogued to Jan. 20. Merchants imprisoned for Tunnage and Poundage Felton Tunnage and Poundage Jan. 20. King's Speech Message Message for Tunnage and Poundage The Commons declaration The King's Answer Grievances Message Votes Protestation Message Members committed Parliament dissolved King's Speech Resolutions of Judges Habeas corpus Habeas corpus Habeas corpus Information in the-Star Chamber against the Members Habeas corpus The Judges perplext Members taken off Good behaviour Proceedings against Selden c. Information in the Star-chamber Information in the Kings Bench. Prohibitions Queen of Bohemia A Peace with France Prince Charls born May 29. King of Sweden Dr. Leighton stygmatized Peace with Spain King of Sweden Marquess Hambleton Papists in Ireland Earl of Essex Impropriations Huntley The High Commission Court Message to the Chief Justice The King 's express Command The Judges answer Walter dies His Opinion His Patent Lord Audley's Tryal Rea and Ramsey Appeal of Treason Judges Opinions Sir Nich. Hyde Questions to the Judges touching the Clergy Oxford Book of Sports Repair of Pauls Sir Paul Pindar The Princess Mary born Ambassador to Sweden Dr. Lamb. City of London fined Judge Whitelocke dies Abbot dies Laud made Archbishop of Canterbury Wentworth sent into Ireland King of Sweden slain Wallestein murthered Prynne's Histriomastix Prynne sent to the Tower The King's progress to Scotland October 13. the Duke of York born October 18. Masque of the Inns of Court Dr. Bastwick Bishops independent of the King Mare liberum Mare clausum Shipmoney Ambassador of Sweden slighted Noy dies Balmerino Treasurer Weston dies Sir Edw. Coke dies Spotswood A Fleet set out Lord Keeper's Speech The peace at Praguë Hollandâ—rs present Juxton made Treasurer Letters for Shipmony Laud's Visitation Northumberland Admiral Ferdinand the 2d Hampden refuses Ship-money Judges Opinion about Ship-money Croke alters his mind Arundel sent to the Emperor Burton Bastwick Pâ—yn Prince Elector defeated Sentence against Bishop of Lincoln Osbaldston Laud's Warrant Troubles in Scotland Proclamations Scot's Petition Hamilton Covenanters Answ The King's Declaration Covenanters Protest Hamilton's Proposals Declaration Covenanters protest Argile Covenanters prepare for War Calvin Whitgift's Articles Episcopacy restored The Queen mother in England Preparations for War with the Scots Arundel General Declaration The Covenanters Answer The King at York revokes several projects and Monopolies Articles of pacification The Covenanters perform not Assembly at Edenburgh Parliament Lords of the Articles The Parliament in Scotland prorogu'd Their Declaration Spanish Fleet beaten by the Dutch Prince Elector made Prisoner in France A Parliament appointed Subscriptions Coventry dies Commissioners from Scotland Loudon sent to the Tower Bagshaw's Reading A Parliament Glanvil Speaker Message from the King Sir H. Vane censured The Parliament dissolv'd Laud blam'd Convocation continues sitting Anno 1640. Tumult of Prentices Oath imposed by the Convocation Their Canons Knighthood Money Londoners discontented A Royal Army Duke of Glocester born Scots declared Rebels Conway Lesley The English worsted Wilmot Conway accused The Scots Petition The Kings Answer Demands of the Scots The Lords Petition The Kings Answer Petition of the Citizens of London The Council at York The Scotish War variously discoursed of Message to the Scots Complaint against Strafford Treaty at Rippon The Scots demands The Treaty variously censured Montross 3. Novem. a day ominous Strafford Perswaded to go to the Parliament Speech to the Parliament Petitions Pym of Grievances Lord Digby Proclamations against Papists Earl of Warwick Impeachment against Strafford Habeas Corpus Judges Crook and Whitelocke cleared Prynne and Burton Windebank Votes Committee against Strafford Alderman Pennington Votes Laud Impeacht Lord Keeper Finch His Speech Articles against Finch Petitions King's Speech Demands of the Scots yielded to Judge Berkley Triennial Parliament The Kings Speech Votes Foreign Affairs Strafford Disputes touching the tryal Undertakers Tryal of Strafford Sir Henry Vane Councel for Strafford Bill of Attainder Commons Petition The King's Answer Tumult Practices upon the Army Protestation Bill for continuing the Parliament Strafford voted guilty Letter from Strafford to the King Censures Balfour Great Officers resign their Places Discontents in the Army Officers Petition Church-Government Armagh Tonnage and Poundage granted High Commission Court Star-chamber Queen Mother dies Dr. Wren Ship-money Judges Essex Armies disbanded Parliament adjourn'd Irish Rebellion Earl of Leicester Irish Maxims Motives Owen O'Conelly Mac Mahon O Neale Votes The King's return from Scotland Speech in Parliament Proclamation Speech Parliament Petition Grievances of the Court Marshal Hyde Remonstrance Protestation Palmer Tumults Irish Oath Irish Cruelties Vote Articles against the five Members The King in the House of Commons The 〈◊〉 Speech The Spâ—â—ker The Action diversly censured Declaration Vote Tumults Bishops Protest Bishops accused of high Treason London Petition The King's Answer Petition Tumults The King removes to Hampton Court Five Members return to the House Lord Digby Lunsford Message Petition Answer Petitions Answer Bill for disabling Bishops Essex Holland Letters intercepted The Queen to Holland Pym. Militia Message Petition Skippon Petition Militia Answer Bill for Ireland Militia Petition Vote Declaration Militia Answer Vote Message Anno. 1642. Lords Report Answer Address at York Message Hull Reasons Answer Hotham Hull Messages Vote Militia Gardiner Different Opinions Declaration Scots interpose Vote Order Nineteen Propositions Commission of Array Lord Keeper Littleton Protestation at York Declaration Message Earl of Warwick Lord Willoughby Votes for an Army Petition Money rais'd Several proclaim'd Traytors Declaration Standard at Nottingham Message Answer Reply Vote Colours Hull Directions to the General Declaration Oxford King's Speech Vote Yorkshire Cornwal Edghill Fight The King at Oxford Essex An Address for Peace Petition Skippon his Speeches Turnham-green The King's Forces retreat Vote Message Petition Letters intercepted Petition Answer City Sir Hugh Cholmley Propositions for Peace Safe Conduct Treaty at Oxford Propositions The King's Propositions Massey Scots come in Lesley Ireland Richlieu dies Lewys the XIII dies Commissioners at Oxford Message Treaty breaks off Lord Brook E. Northampton Covenant Pym dies Waller Hampden Germany Swedes Henrietta Maria. Great Seal Sir W. Waller defeated Hotham Bristol taken by P. Rupert Great Seal H. Martyn Selden Earl of Kingston Cromwell Gloucester Massey Members disabled Gen. Essex Covenant Col. Potley Gloucester relieved Judge Berkley sentenced Newbery fight Lord Falkland Covenant General Essex Sir Philip Stapleton Pasquils Laud. Ormond Poole Dr. Featly Sir Nic. Crispe French Embassadour Manchester Ministers French Embassador Proclamations Commissioners for Scotland Great Seal Laud his Tryal Earl of Holland Col. Rigby Covenant Answer to Fr. Embassadour C. Mostyn Great Seal Fr. Embassadour Scotland Waller Great Seal Irish Proposals Indictment of H. Treason G. Essex Gr. Seal D. Hamilton C. Hutchinson Scots Army Parliament at Oxford Proclamations Plot. Letter intercepted Goring
settle differences between well affected Tenants and disaffected Landlords and to consider of Judges for Wales Dr. Hudson the Kings Guide was long examined in the House and committed close Prisoner to the Tower for Treason Orders for sixty pound to the Officers and Troopers that brought up Dr. Hudson and for the discharge of Col. Morrice and for sixty pound to the Serjeants Deputies 22. The Grand Committee sate upon matter of Religion and the Lords Ordinance prohibiting any to Preach but those who are ordained The King propounded to the Scots Commissioners two Quaeries in what condition he stood whether a free man or under restraint if not a free man then his answer to their desires would not be valid They pressed him to assent to the Propositions if not they must acquaint him with the resolutions of the Parliament of England The King replied he knew them and demanded if he went to Scotland whether he should be there with Honor Freedom and Safety to which they gave no answer 23. The Grand Committee sate about the payment of the Soldiers 25. The House received a Declaration of Scotland sent to the Scots Commissioners here to be communicated to both Houses of Parliament to this effect Reciting former transactions with the King and his denyal to sign the Propositions that the King hath often declared his desires to be near the Parliament of England who have communicated to them that Holmeby House is the place they think sit for his Majesty to come unto there to remain with safety of his Person in the preservation and defence of the true Religion and Liberties of the Kingdoms according to the Covenant Therefore and in regard his Majesty hath not given a satisfactory answer to the Propositions and to keep a right understanding and prevent new troubles to satisfie the desire of his Majesty the Parliament of England to prevent misinformation and to satisfie the estates of the Parliament of Scotland do declare their concurrence for his Majesties coming to Holmeby House or some other of his Houses in or about London there to remain till he satisfie both Kingdoms in the Propositions of Peace And that in the interim there be no harm done to his Person that there be no change of Government other then hath been the three years past and that his Posterity be no way prejudiced in their Lawful Succession They are assured that the intentions of their Brethren are the same and they conclude that they will endeavour to keep all right between the Kingdoms according to the Covenant and Treaties They desire 1. That a Committee of both Kingdoms attend his Majesty and press him to grant the Propositions and if he refuse to determine further what is necessary for continuing the Vnion and that no agreement be made with the King distinct 2. That such Scots as have Places about the King may exercise them except Persons excepted and none be barred access or attendance who have warrant from either Parliament 3. That the one Kingdom assist the other in case of trouble 4. That England agree for some Competency for the Scots Forces in Ireland A Committee touching the Accounts of the Kingdom Orders for one thousand eight hundred pound for Sir Philip Stapleton for his Arrears and for two thousand five hundred pound for Col. Thompson and for Captain Torneton Major of London Derry to be sent for in Custody to answer the Committee of Accounts Order for Sir Thomas Fairfax to have his five thousand pound per An. out of Delinquents Estates excepted Orders for Disbanding the Troop of Wilts and for six thousand pound for the Regiment of Northampton-shire and for twelve thousand five hundred pound for the reduced Officers A Committee to confer with the Judges about bringing excepted Persons to a speedy Tryal An Ordinance read for Sale of Delinquents Estates who are excepted but they to be first tryed Order for six thousand pound for the Garrison of Portsmouth out of such Delinquents Estates as the Gentlemen of Hampshire should name Upon the Lord L'Isle's desire Major Harrison voted to go with him into Ireland A Letter from the French Ambassador to the Lords that he had Letters of Consequence from the King his Master to the Parliament 26. Divers Compositions past that of Mr. Goodale rejected because he lately killed a man in cold Blood In the afternoon the House sate about the Scots Papers Letters from the North informed that the Scots had received their Money and given Acquittances for it That the Parliament of Scotland sent their resolution to the General and Commissioners to deliver the King to the Commissioners of England to be conducted to Holmeby Major General Skippon published a Proclamation at the head of every Regiment of his Convoy that no Officer or Soldier under his Command either in Word or Deed give any just occasion of offence to any Officer or Soldier of the Scots Army but demean themselves towards them civilly and inoffensively as becometh Brethren Letters from the North that the Scots had shipped their own Ordnance and Carriages that they sent but fourteen Troopers to Convoy their Money 27. The Monthly Fast After the Sermons the House met and ordered a general Fast day throughout the Kingdom to beseech God for the rooting out of Heresie and Blasphemies At a Conference both Houses agreed to the Scots desires That when the Scots Army is out of the Kingdom and the King come to Holmeby Commissioners be sent from both Kingdoms to press his Majesty to pass the Propositions and Sign the Covenant And if he refuse then to consider how to settle the Kingdoms according to the Covenant and Treaties that nothing be concluded with the King but according to the Treaties that no Person excepted be admitted to the King that those chosen to attend him at Holmeby be but for a time nor any prejudice to be to those who have adhered to the Parliament and that when any trouble ariseth in either Kingdom the other to assist according to the Treaties 28. Order for Money for the reduced Officers Mr. Barrill approved to be Attorney General in Ireland Orders for the Assesments for Ireland to be continued for discharging of Sir Robert King and Sir Jo Clotworthy from being Commissioners for Ireland upon their own desires and for supplys for Dublin Order for Newport Pagnell to be slighted and the Ammunition there to be sent to Ireland Orders for all the Officers and Soldiers designed for Ireland speedily to repair to the Sea Side and for six pound a Week allowance for the Lady Ranelagh and for five hundred pound for Col. Temple for his Arrears The Lord Lieutenant of Ireland took his leave of the House 29. Debate in the Grand Committee concerning Persons Preaching who were not Ordained The Commission agreed for the Agent of the Turkey Company to Constantinople sent up to the Lords and they consented to it 30. The Grand Committee sate concerning the pay for the Army Letters
the Parliament before the Battery of the Town That they suspended their answer for one day and then sent for a Treaty for surrender and for a cessation in the mean time That the Lord Deputy consented to a Treaty but denyed a cessation that they are much divided in the Town and the greater part was for a Surrender That Clanrickard and Castle haven were gone to Sea and their Army broken in peices and none can tell how That the Lieutenant General took in several Castles and one by storm with his Horse and Dragoons only and that Collonel Reynolds was with him in those actions and that Collonel Zankey had relieved a Garrison of the Parliaments and took in several Forts from the Enemy 5. Letters That the Scots Army was drawn out on this side Sterling and thereupon the General drew out his Army from Edenburgh and they lay in the Field to be in a fit posture to receive the Enemy but the Scots went back and the English incamped upon Penthland Hills That the Camp was in an excellent Martial posture and figure and the General was in his Tent. That many English Ladies were there to view the Leaguer Mr. Love was sentenced by the High Court of Justice for the Treasons proved against him to be beheaded 7. Letters of both Armies in Scotland drawing neerer one to another That the Mosse Toopers took 4 Horsmen and 6 Prisoners Of a Prize loaden with Salt brought into Lieth That the Governour of Lieth sent a party into Edenburgh to search for Arms where they found many in private Houses and brought them away to Lieth That the General had in his Army 14 Regiments of Horse 12 Regiments of Foot and 16 pieces of Ordinance and that both Armies were within 8 or 9 miles ofone another and that some of their Scouts have met That the English Army saw the Scots Leaguer That they were 15000 Foot and 6000 Horse That the Scots have great differences among themselves That Hamilton carrys all and Argyle his party are down That some Ministers have put out a new Remonstrance against the taking in of some notorious Malignants Letters of Alderman Jacksons house near Bristol burned with his Children in it 8. The Parliament passed a Vote for putting down the Marshals Court in Southwark An Act passed for keeping the Assizes at Durham Officers named in the Bill for sale of some Delinquents Lands An Act passed for continuing the Chancellor of the Dutchy of Lancaster Letters That the Ships with Mony and Provisions were safely arrived in Ireland The Lord Deputy set forth a Proclamation for observing a day of Thanksgiving for the safe and seasonable Passage over the Shannon 9. Letters That Major Scot was sent out with a party to discover the Scots Army and gave them an Allarum that they drew up their Horses into Bodies 10. Letters of a quarrel between some of the Oxford Shire Troops and some Country Men. Of prizes brought in one loaded with 5000 bushels of wheat 11. Letters That God hath struck such a terror into the Camp of the Enemy that of all their Field Army in Ireland so much boasted of there was not 1000 Men in a body in any County to oppose the Parliaments Army That they would all go to the King of Spain if his Resident with them could furnish them with Mony yet he hath agreed for 4000. That Sr. Charles Coote is sat down before Galloway That the strong Castle by Lymbrick was surrendred upon quarter and that Collonel Tottel for killing some of the Enemy who had quarter given them was cashiered by the General That Lymbrick is in Treaty for surrender That Wheat is worth there 7 l. a Barrel That Massy wrote a vapouring Letter for exchange of a Prisoner but the General would not agree to it That the General marched towards the Scots Army lying at Torwood and there was Pickeering between both parties the English took 12 of the Scots and killed divers they killed none of the English but one man and all the Scots as they passed by him either Pistoled him or Cut him or Pricked him with their Rapiers in a barbarous manner That the King was in the Field to incourage them That the first rank of their Troops were Armed compleat They give out their Army to be 29000 but t is supposed they are 200000 That they had intrenched themselves and planted great Guns so that they could not be attempted with less danger than Storming a Garrison That some of the English Pickeering without order were indangered by the Enemy but relieved by Collonel Okey who beat the Scots from a Hill they had for advantage That both Armies drew to their Quarters about a Mile from each other That in the night the Enemy drew some great Guns to the top of an hill from whence they made about 40 Shot early in the morning and killed two or three of the English That the General Cromwel planted 2 Cannons and played upon them and did some execution and seeing the Scots would not ingage but upon their great advantage the General called a Councel of War in the Field and by their advice drew off to the Vale to see if the Scots would follow them and forsake their Hills which they did not and so the English Army returned back to their former Quarters at Lithgow 12. A List of the several Regiments of the English Army with their Collonels sent up being 14 Regiments of Horse 12 Regiments of Foot and 6 Troops of Dragoons 4 daies Provision more was delivered out to the Army for a new March and Design 14. Letters That Cromwel marched up again to the Scots but their Foot were intrenched and their Horse lay so that the English could not ingage them there being a River and Boggs between them and though Cromwel came up to the Teeth of them and viewed all their Bodies yet they would not come forth That the English took 8 Scots Prisoners and killed divers in Pickeering and beat them up to their Works and waited for them about 8 hours but they kept in and so the English went to their Quarters and the Scots followed them with a small party who were quickly beaten back That Athelow and Lymbrick were both surrendred to the Parliament That 5 English Vessels were taken prize by Boats from Jersey carrying 4 or 5 great Guns a piece in them That the States were sending the Lord Joachimi Ambassador to England to perfect what the English Ambassadors had there begun An Indictment of Felony at the Assizes in Kent was found against Joseph Welsh and others for assaulting Mrs. Jane Pukering and carrying her to Erith and compelling her contrary to her will to say words importing a Marriage c. 15. Mr. Love petitioned the Parliament and divers other Petitions were presented on his behalf for pardon of his life but after much debate upon the question it passed in the Negative On the day appointed for his
Rolles and all Seals who shall take an Oath before the Lord Chancellor Keeper or Commissioner of the Great Seal to be faithful in his Employment and shall receive into his Custody all and every Affidavit which shall be made in Court or upon which any Order shall be grounded and shall dayly File the same and keep an Alphabet thereof and in Case the Party at whose instance such Affidavit was made shall have cause to have a Copy thereof he shall pay unto the said Clerk for the same four pence for the Filing and three pence for every side for a Copy thereof and the other side or any other person desiring it may also have a Copy at the same rate and the Register shall have for Examining and Signing such Copy six pence and no more It is conceived by the Clerks keeping the Affidavit it may be in his and his Clients power to alter or retract it after it is sworn as is found by experience hath been done 40 That all Causes shall be set down for Hearing in Order as they were published without prefering one Cause before another and shall be presented by the Chief Clerks without taking any Fee for the same and the Causes being so set down shall be heard in the same Order This Rule is very prejudicial in Cases which are many that depend upon the lives of the persons and also of Merchants where one gets the Estate of another into his hands and goes beyond Seas and to deny him a Hearing in such Cases as occasion shall require is all one as to deny them Justice if this be enforced as a Law and if cause be to advise with Judges or any other accident the Court cannot put off the Cause for half an hour 41 That every Cause shall be heard the same day on which it is set down for Hearing and for that purpose the Lords Commissioners if there be cause shall sit for Hearing such Causes in the After-noon as well as in the Forenoon except upon Saturdays This is impossible to be done for Causes of Equity depend upon so many circumstances in cases of frauds and trusts that three or four days is not sometimes sufficient for the orderly hearing of one Cause and the sitting of the Commissioners upon the Râ—lls days cannot consist by reason of Councel and Sollicitours who cannot do their duty at both places and if this be imposed as a Law upon the Judges of that Court they are enjoyned thereby to act an impossibility The like objections were made to all the rest of the Articles and particulars of the new Ordinance touching the Chancery which though they would not prevail to stay the exemption of it as to the Lords Commissioners who seemed to doubt the power that made it which the makers would not endure yet they were the means that it was not exacted from their Successors but they were connived at in the not execution of it wherein they could not have satisfied themselves having taken an Oath which they scrupled would be broken either in the admittance of this Ordinance for a Law or if admitted in neglecting the performance of any part thereof May 1655. May The Protectors Commissioners for visiting the Universities Colledges and Schools in Scotland set forth a Proclamation Prohibiting Ministers to Pray for the King or to excite the people to new troubles prohibiting all persons from paying any maintainance to such Ministers News of the death of the Queen Dowager of Sweden who after she had been long sick of a Quartain Ague it was followed by a strong Rhume that fell on her Breast till she dyed Old Oxenstern Chancellor of Sweedland was buryed and the King and Queen at his Funeral Letters from Vice-Admiral Pen That his Fleet was safe at the Barbadoes where they had taken in four or five thousand men and within few days intended to set sail from thence upon their design Letters of the continuance of the cruel persecution against the poor Protestants of Piedmont by the Duke of Savoy A Proclamation published for the execution of the Laws against Jesuits and Priests and for Conviction of Popish Recusants against which Whitelocke declared his opinion at this time when there was not a fixed settlement and so great pretences for Liberty of Conscience Baron Thorpe and Judg Newdigate were put out of their places for not observing the Protectors pleasure in all his Commands This Order was sent from the Protector and Councel to the Commissioners of the Seal Tuesday May 1. 1655. At the Councel at White-Hall Forasmuch as the naming and settling of the Attornies in the Court of Chancery and the disposing of the Records in such manner as is directed by an Ordinance of his Highness by and with the consent of his Councel Entituled An Ordinance for the better regulating and limitingâ— the Jurisdiction of the High Court of Chancery Hath been omitted by those who are intrusted with the doing thereof and that great delay in Justice will necessarily fall out in case all proceedings in Chancery should be suspended untill all the said Officers and Records be settled for prevention thereof It is Ordered by his Highness the Lord Protector by the advice of his Councel that the Lords Commissioners of the Great Seal and Master of the Rolles do proceed in the business of the said Court notwithstanding the said Officers have not been nominated and the Records disposed of as by the said Ordinance is directed which his Highness and the Councel expect should be done with all speed by those who are concerned therein and that in all other things they proceed according to the direction in the said Ordinance HENRY SCOBELL Clerk of the Councel This Order was made to put a further tryal upon the Commissioners and a command to execute the new Ordinance and the default in this particular was in the Master of the Rolles who was more positive than any other in denying as yet to execute the Ordinance but afterwards his profit and fear to offend over swayed all other conderations At one of their meetings Widdrington Lenthal and Whitelock agreed upon this Letter to be subscribed by them and sent to the President of the Councel My Lord WE have seriously and duely considered what we received from his Highness concerning the Execution of the Ordinance touching the Chancery and have strictly examined our own Judgments and Consciences having with all submission sought to God therein yet cannot give our selves satisfaction so as to be free to proceed upon that Ordinance wherefore and in regard of the near approach of the Term. We hold it our duty to represent the same unto his Highness together with the great trouble of our own thoughts in our unhappiness in this dissatisfaction and desire the favour from your Lordship to acquaint his Highness herewith we remain My Lord your Lorships very humble Servants B. Whitelock T. Widrington W. Lenthal May 1. 1655. This Letter was not