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
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
which was furthered by Whitelocke's advice to the Protector 20. The Commissioners of the Treasury made several reports to the Protector and Council of Arrears of money due to the state and upon advice with them his Highness and the Council made several orders for the Collecting and bringing in of those Arrears December 1657. 1. News of the King of Sweden's proceedings in the Isle of Funen 3. The distaste between the Protector and Bradshaw was perceived to increase 6. Order for the prosecution of some persons who had committed very great wasts and spoils in Forests 7. The Protector was perswaded to take to heart and to further the relief of the poor persecuted Protestants in the Vallies of Piedmont and to send an Agent to the Duke of Savoy to negotiate for favour to them as other Princes had done 11. Writs of Summons under the great Seal were sent to divers persons to sit as Members in the other House of Parliament The Form of the Writs was the same with those which were sent to summon the Peers in Parliament They were in all sixty among whom were divers Noblemen Knights and Gentlemen of ancient Families and good Estates and some Colonels and Officers of the Army Their Names were as followeth The Lord Richard Cromwell the Protectors eldest Son The Lord Henry Cromwell his other Son Lord Deputy of Ireland Nathaniel Fiennes John Lisle Lords Commissioners of the Great Seal Henry Lawrence Lord President of his Highness Privy Council The Lord Charles Fleetwood Robert Earl of Warwick Edmund Earl of Mulgrave Edward Earl of Manchester William Viscount Say and Seal Lord John Cleypole Master of the Horse Philip Viscount Lisle eldest Son to the Earl of Leicester Charles Viscount Howard Philip Lord Wharton Thomas Lord Fauconbridge Lord John Desborough Lord Edward Mountague Generals at Sea George Lord Eure. The Lord Whitelocke Sir Gilbert Pickering Colonel William Sydenham Sir Charles Wolseley Baronet Major General Philip Skippon Lord Strickland Colonel Philip Jones Sir William Strickland Francis Rous Esq John Fiennes Esq Sir Francis Russel Baronet Sir Thomas Honnywood Knight Sir Arthur Hasilrigge Baronet Sir John Hobart Sir Richard Onslow Knight Sir Gilbert Gerard. Sir William Roberts Knight John Glyn Oliver St. John Lords chief Justices William Pierpoint Esq John Jones Esq John Crew Esq Alexander Popham Esq Sir Christopher Pack Sir Robert Tichborn Edward Whalley Esq Sir John Barksted Knight Lieutenant of the Tower of London Sir George Fleetwood Sir Thomas Pride Richard Ingolsby Esq Sir John Hewson James Berry Esq William Goffe Esq Thomas Cooper Esq Edmund Thomas Esq George Monk Commander in chief of his Highness Forces in Scotland David Earl of Cassils in Scotland Sir William Lockart Sir Archibald Johnston of Warriston William Steele Lord Chancellour of Ireland The Lord Broghil Brother to the Earl of Corke in Ireland Sir Matthew Tomlinson 16. Colonel Sir John Reynolds who commanded the English Forces that joyned with the King of France was in a Pink coming over with Colonel White and others from Mardike for England and upon Goodwin Sands the Pink was cast away and all their men in her were drowned Among them was one William de Vaux a young man a good Scholar and very ingenious and being in a great storm in a former Voyage he vainly said That if ever he went to Sea again he would be contented that God should let him be drowned And now being again at Sea the Judgment imprecated by him did fall upon him and he was now drowned 24. The Commissioners of the Treasury prepared the business of the Contract with Commissioners for the Excise and new Impost 25. Some Congregations being met to observe this day according to former solemnity and the Protector being moved that Souldiers might be sent to suppress them he was advised against it as that which was contrary to the Liberty of Conscience so much owned and pleaded for by the Protector and his friends but it being contrary to Ordinances of Parliament which were also opposed in the passing of them that these days should be so solemnized the Protector gave way to it and those Meetings were suppressed by the Souldiers January 1657. 1. Whitelocke having lent Mr. Rushworth some Manuscripts he attended Whitelocke to shew him his Historical Collections as his Highness had ordered 3. A Meeting of the Gentlemen of the County of Bucks at Merchant-Taylors Hall where they had a great Feast 9. The Lord Willoughby petition'd the Protector for his Highness Order to go into the Country to dispatch some necessary business in relation to his Estate and promising to return to Prison which Petition the Protector granted 12. The Protector resolved to have a Collection for the poor persecuted Protestants of Piedmont 20. The Parliament met according to their Adjournment and the Members of the other House summoned by Writ met and sate in the Lords House as the Lords used to do formerly The Protector came thither and the Speaker with the House of Commons being sent for by the Black Rod came to the Lords House where the Protector made a solemn Speech to them but was short by reason of his Indisposition of health and after him the Lord Commissioner Fiennes spake to them more at large My Lords and Gentlemen of both the most honourable Houses of Parliament AMongst the manifold and various Dispensations of God's Providence of late years this is one and it is a signal and remarkable Providence that we see this day in this place a Chief Magistrate and two Houses of Parliament Jacob speaking to his Son Joseph said I had not thought to have seen thy face and lo God hath shewed me thy seed also Meaning his two Sons Ephraim and Manasseh And may not many amongst us well say some years since We had not thought to have seen a Chief Magistrate again amongst us and lo God hath shewn us a Chief Magistrate in his two Houses of Parliament Now may the good God make them like Ephraim and Manasseh that the three Nations may be blest in them saying God make thee like these two Houses of Parliament which two like Leah and Rachel did build the House of Israel May you do worthily in Ephrata and be famous in Bethlehem May it be your great business to procure the peace the safety and the prosperity of these three Nations and these things too not for themselves only but in order yet to greater and higher ends the advancement of the Kingdom of Christ amongst us and the Glory of God in the good of all men but especially of the Churches of God amongst men which as they are God's most precious Jewels and his chiefest care so must they also hold the choicest place in the eyes and in the hearts of all those that act under him and are cloathed with his power and authority In order to the great and glorious end you may please in the first place to reflect upon the Posture that
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
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
Armed Parties began to gather into a Body In Shropshire Sir Thomas Harris with a Party Endeavoured to surprize Shrewsbury Castle but was prevented and taken Prisoner Others were prevented at Chirke Castle endeavouring to Surprize it and the like was in other Places This Design the Protector had a jealousie was countenanced by the Parliament and he gave out that to be a cause of the Dissolving of them In Scotland Middleton and others of his Party the principal Men sent Proposals to the Parliaments Commander there upon which they offered to lay down Armes The Kings Party were very Active and had many meetings about New Castle some of their Letters were intercepted and sent to the Protector Some Quakers at Hasington in Northumberland coming to the Minister on the Sabbath day and speaking to him the Country People fell upon the Quakers and almost killed one or two of them who going out fell on their Knees and prayed God to Pardon the People who knew not what they did and afterwards speaking to the People so convinced them of the evil they had done in beating of them that the Country People fell a Quarrelling among themselves with those who occasioned it and beat one another more than they had before beaten the Quakers The Brest Men of War did much damage to the English Merchants in the Western Seas which were not well guarded by the States Ships whereof Complaint was made yet two of them were taken A great Fire happened in Fleet-street next door to the Red Lyon Inn and both Houses were burnt Letters of several Scots Commanders of the Kings Party taken by the English Forces in Scotland Major John Wildman was seized upon by a Party of Mr. Butlers Horse and carryed Prisoner from Exton near Marlborough where he was taken unto Chepstow-Castle They found him in his Chamber the Door being open leaning upon his Elbow and dictating to his Man who sat Writing by him They seized the Papers that which the Man was writing was sent up to the Protector it was thus Entituled and Written The DECLARATION of the free and well-affected People of England now in Armes against the Tyrant Oliver Cromwel Esq BEing satisfied in our Judgment and Consciences of the present necessity to take up Armes for the Defence of our Native Rights and Freedoms which are wholly invaded and swallowed up in the Pride and Ambition of Oliver Cromwell who calls himself Lord Protector of England and hath rendred all English-men no better than his Vassals we expect to be branded with the infamous Name of Rebells and Traitors or to be mis-represented both to the Army City and Country as common Enemics disturbers of the publick Peace arbitrary Cavaliers Levellers or under some other odious Notion that may provoke the Army and People to endeavour our Destruction but if we may prevail to be heard before we be Condimned and Executed we shall submit our cause and righteous End we seek to the judgment of the Army and every honest English-man and if the Army it self according to their many Engagements will undertake and their strength be sufficient to Redeem us from our present Slavery and settle that Right and Freedom unto which our Birth gave us Title we shall readily lay down our present Arms. The whole Christian World knows that our English Earth hath been Drunk with Blood these Twelve years through the great Contest for Right and Freedom and the whole Treasure of the Nation exhausted in that quarrel how then can any Man whose hand or heart hath been ingaged in that bloody Contest either acquit himself to God his Conscience or his Country in yielding up tamely and silently all the Laws Rights and Liberties of England into an Vsurpers hand We have for many years pattently born all kinds of Oppression Arbitrariness and Tyranny and suffered under such heavy burdens of Exercise and Taxes as England never knew in former Ages having been fed by him that now calls himself Lord Protector and his Army with specious pretences and most alluring Promises seconded with many appeals to God for their Integrity of heart in them that true English Liberty should be setled and secured impartial Justice provided for Arbitrary Powers Abolished and every Yoak of Oppression broken and every Burden eased And we did believe as they told us That our present sufferings were only like a rough stormy Passage to the Haven of Justice Right and Freedom we could not suspect these Ambitious Designs in Cromwell and his Confederates that are now Proclaimed to the World we could not think it possible that a Man of such a mean Quality and Estate as he should Aspire to make himself an absolute Lord and Tyrant over Three Potent Nations but above all his pretended Zeal for God and his People his high professions of Godliness Simplicity and Integrity his hypocritical Prayers and days of Fasting to seek the Lord his dissembled humility and meekness and his frequent compassionate Tears upon every occasion we say these things together with his Engagements publick and private his most solemn Protestations with Imprecations of Vengeance upon Himself and Family if he Dissembled and his most frequent Appeals to God for the truth of his Professions and Declarations that he design'd nothing but securing the Liberties of Gods People and Administration of Impartial Justice and sought no Power Honour Riches or Greatness to himself or any particular Party or Interest we say these things rocked us so asleep with the pleasant Dreams of Liberty and Justice until he hath made a Sacrifice of all our Laws Liberties and Properties unto his own Ambition and now is not afraid to own what he before disclaimed and declared against He that formerly Protested before the dreadful God and to the long Parliament That He and his Army should be wholly Subject to their Civil Authority and that whosoever should attempt any violence against them should make his way through his Blood he now owns the breaking them in pieces with scorn and contempt He that declared so much Humility and Self-denial claims and owns a Power Supream to Parliaments and exerciseth an Absolute Dominion over the Laws and Estates of Three Nations He that seemed so Zealous for Liberty now dares own every private English-man his Vassal and their Parliaments his Slaves He Publisheth in his Printed Speeches to his Parliament That the benefit all English-men have in the Execution of any Laws amongst them is from him and the Authority that their Parliaments have and shall have is wholly derived from him He hath Published to the whole World that he hath dissolved all Civil Government and that he had in himself an Absolute Vnlimited Arbitrary Power without check or controul until he put some limits upon himself if he may be believed in his paper of Government Now what Patroon in Argeire ever claimed more Mastery over his Slaves bought in the Market than this Claim of Cromwells extends unto over us If we have the benefit of the Execution
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