as formerly That the propositions for Peace be hastned to him That he may come to London with safety freedom and honour where he resolves to comply with the Houses in what shall be most for the good of his Subjects That he will disband his Garrisons as by the inclosed Warrant appears only upon honourable conditions and will send for the Prince Papers came from the Scots Commissioners to the Parliament with these Letters and very fair expressions in them pursuant to the Covenant and that they had perswaded the King since his coming to their Army to give satisfaction to his Subjects and they hope such propositions will speedily be sent to his Majesty as may settle Religion and Peace in both Kingdoms and they shall willingly depart home Another paper was a Copy of that which the Committee of Estates presented to the King desiring that the Prince might not go beyond Seas 16. Progress about the propositions for Peace they agreed that the Militia should be in both houses of Parliament for twenty years Letters informed that the Scots perswaded the King to take the Covenant The Articles were almost agreed for the surrender of Oxford 17. A Letter from the King to the Prince intercepted and read in the Houses and was to this effect to tell him That he had written to his Mother about him and would have him to obey her in all things except Religion Debate about the Militia Ordinance for a Collection for the poor of Abbington 18. The Examinations and Confession of Mr. Hudson one of the Guides that led the King to the Scots Army were read and referred to the Committee who are to draw up the Declaration to be presented to the King and to the Estates of Scotland and the Committee was ordered to proceed further in these Examinations Hudson said that the King crossed the Countrey was at Henley Harrow on the Hill and at Brainford and almost perswaded to come to London and then he went to St. Albans and so to Harborough where the French Agent was to have met him with some Horse but came not from thence the King went to Stamford from thence to Downham in Norfolke where he lay at a petty Alc-house that he passed sometimes by the name of Hudson's Tutor sometimes Doctor and sometimes as Ashburnhams Servant Order for the Speaker to write to the Scots Commissioners for an answer of the last Letter of the Parliament A Petition of the Committee of Wilts of the Robberies and Cruelties of the Forces under Major General Massey quartered in those parts so that none could travail nor remain in their houses with safety A Letter ordered for Sir Tho. Fairfax to suppress them and soon after the House ordered them for Ireland A Petition of Newbury of the sufferings by the War referred to the Committee of the three Counties to cousider of a way for their relief Supplys for Garrisons and an order for Capt. Batten to be Governor of Holy Island 20. The Earl of Ormonds Quarter master with divers Letters and Papers about him was apprehended in London and a Committee named to examine him and to peruse the Papers A difference between the Committee of Kent and the Committee for the Prince Elector referred to the Committee of Lords and Commons for Sequestrations and debate about Committees in General and the oppressions and illegalities of some of them referred to a Committee to consider of restraining them Progress upon propositions for the Peace News came that the Prince was in France The Treaty for the Surrender of Oxford was agreed Farrington was willing to Surrender upon the same terms with Oxford but Wallengford still held out two of Sir Tho. Fairfax's Commissioners went into Oxford to see the Governor and Council there to sign the Articles and two from them came to Sir Tho. Fairfax to see him sign them which were as followeth Articles of Agreement concluded and agreed on by his Excellency Sir Thomas Fairfax Knight General of the Forces raised by the Parliament on the one Party and the Right Honourable Sir Richard Lane Knight Lord Keeper of the Great Seal of England Francis Lord Cottington Lord High Treasurer of England Will. Marquess of Hertford Edw. Earl of Dorset Lord Chamberlain of his Majesties Honourable Houshould Tho. Earl of Southampton Francis Earl of Chichest Francis Lord Seymour Sir Edw. Nicholas Knt. one of his Majesties Principal Secretaries of State all of them being of his Majesties most honourable Privy Council and Sir Tho. Glemham Knt. c. Governor of Oxford on the other Party for and concerning the Rendring of the Garrison of Oxford as followeth 1. THat the Garrison of Oxford with the Castle Forts Mounts and places of Defence whatsoever with all the Ordnance Arms Ammunition and Provisions of War with all Magazins and Stores thereunto belonging excepting what is allowed in the ensuing Articles shall be delivered to the General Sir Thomas Fairfax or whom he shall appoint without wilful spoyl or embezlement upon Wednesday the 24th of this Instant June at ten of the Clock in the Morn or there about 2. That his Highness the Duke of York shall have an honourable Convoy to London where other of his Majesties Children are attended by his Officers and Servants and sitting accommodation for the removal of his Houshold and Goods thither and shall have an honourable Provision besitting his Dignity appointed for him by the Parliament and to remain there untill his Majestics Pleasure be known touching his setling there or elsewhere and then to be disposed accordingly to any place within fourscore miles of London and shall have such Officers and Servants to continue about him as the Parliament shall approve 3. That their Highnesses Prince Rupert and Prince Maurice shall have Liberty and Passes for themselves with their Servants Horses Arms and Goods the number of their Horses for them and their Train not exceeding seventy to repair to any place within fifty miles of London so it be not within twenty miles of London without leave from the Parliament nor in any Garrison and there to abide for the space of six Months after the rendring free from any molestation by imposition of Oaths or otherwise and shall have Passes to go beyond the Sea at any time within the said six months with their said Servants Horses Arms and Goods they ingaging themselves upon their Honours not to use the Liberty hereby granted in the mean time to any Hostility against the Parliament of England sitting at Westminster or any way wilfully to the prejudice of their affairs and they are to have the benefit of such the ensuing Articles as may concern them 4. That the Seals called the Great Seal Privy Seal the Signet and the Seals of the Kings Bench Exchequer Court of Wards Dutchy Admiralty and Prerogative as also the Sword of State shall at such time and in the presence of two such Persons as the General Sir Tho. Fairfax shall appoint be lockt up in
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
a Name If ought of that Nature happen amongst the infinite Particulars wherewith this Volume is charged it must be Noted without any Imputation either to the Intelligence or to the Integrity of our Author this being a Posthumous Work and as has been said never by him intended for the Publick MEMORIALS OF THE ENGLISH AFFAIRS During the REIGN of King Charles the First Anno 1625 Car. I KING Charles the First succeeded his Father King James Immediately after whose death the Privy Council met and drew up the Form of a Proclamation to proclaim King Charles which was forthwith published at Theobalds where the King dyed and in London by the Nobility Privy Councellors Gentry Lord Mayor and Aldermen in great Solemnity and so it was in all places with great Acclamations and testimonies of Joy from all sorts of People By advice of the Council a Commission was granted to authorize the Great Seal Privy Seal and Signet till new ones could be prepared And Commissions for authorizing of Judges Justices of Peace Sheriffs and all other Officers for Government with a Proclamation for that purpose because their Powers ceased by the King's death and the like was for Scotland and Ireland King James's Body was buried with due Solemnity at Westminster his Son King Charles though not usual was present at the Funerals The Duke of Buckingham was received by the King into an admired Intimacy and Dearness General Musters are in all Counties and 12000 Soldiers levied Coat and Conduct Money ordered to be disbursed by the Countrey and they to be paid again out of the Exchequer these were for the Palatinat and a Commission granted for Martial Law to keep the Soldiers in the better Discipline These Points of Coat and Conduct Money and Martial Law occasion'd frequent and great Debates amongst the Judges and other learned men The Espousals of our King with the King of France's Sister were made in Paris by Cardinal Richelieu and with the highest State Feasting and Bravery that could be Buckingham was sent into France to conduct the Queen hither A Navy Royal sent to Bullen to waft her over Sea she arrives at Dover where the King met her And with great expressions of affection and rejoicing by himself and all his Subjects she is received and safely came to London Some extraordinary Ceremonies and Solemnities were omitted by reason of the Plague then increasing All the Judges were sent for by the Lord Keeper Williams who told them That the King desired to change his stile and to use the stile of King of Great Britain as well in all Legal Acts and Proceedings as in Acts of State and other indifferent Acts. And he prayed the Judges to consider of it and to certifie him how it might be done They all met consulted and agreed that it could not be done which they certified the Keeper and that all the Judges of England being ask'd their opinions concerning this Point in the first Parliament of King James they answered una voce that it could not be done and Lords and Commons were likewise of the same judgment The Parliament met at Westminster the King made a Speech to them touching the War of the Palatinat wherein the last Parliament had engaged his Father and which was of necessity to be prosecuted and supplied and he urged his great wants and charges And then the Lord Keeper enlarged upon the same The Commons pressed upon the Grievances not redressed and to have an account of the last Subsidies others were for Execution of the Laws against Papists and the questioning Mr. Mountague for his Book Appello Caesarem contrived to put a Jealousie between the King and his Subjects and to encourage Popery Others praised the King and said That no Grievances had been yet in his Reign and they were only for a Petition for Religion and that Religion and Subsidies might go hand in hand together After a Fast both Houses Petitioned the King concerning Religion and against Recusants which was answered hopefully Mountague was brought to the Bar of the House of Commons for his Book the Arminian Party take in with him The House voted his Book contrary to the Articles of Religion tending to the Dishonour of the King and Disturbance of the Church and State The King owned Mountague as his Chaplain The Commons not pleased therewith yet Voted to give the King two Subsidies for which the King thanks them by a Message and yet informs them that the Necessities of the present Affairs were not therein satisfied but requires their further counsels and now he sent a full Answer to the Petition of Religion By reason of the Plague increasing the Parliament was adjourned to Oxford The Vantguard and seven other English Ships were lent to the King of France and employed against Rochel the Mariners refused the Service Buckingham was acquainted with it but not the Body of the Council The Protestants of France sollicit our King against it but he expresly commands the Vice-Admiral Pennington to do it the which he obeyed The Parliament Re-assembled at Oxford whither this News of the Ships came and exasperated many of them especially against the Duke They insist upon the Grievances Mountague is summoned his Cause by some of the Bishops is recommended to the Duke and they say That if the Church be once brought down below Herself even Majesty it self will soon be impeached and they say that King James approved Mountague's Opinions But others differed from them The King again speaks to the Two Houses of Parliament touching the War in which they engaged his Father for the Palatinat and the Breach with Spain then by his command the Lord Conway and Sir John Cooke declar'd to the Houses more particularly the present state of Affairs in Germany France the Low-Countries Sueden and other Kingdoms they computed the charge of the War to 700 000 l. a year besides the Navy and Ireland The Treasurer also acquainted them with the King's Debts for Denmark the Palatinat his Father's Funeral his own Marriage in all 300 000 l. Yet the Commons were unsatisfied some said That thing 's were improvidently managed and by contrary designs that it was not usual to give Subsidies upon Subsidies in one Parliament and no Grievances redressed that great Sums of Money were given for places that the time of the year was too far spent for the Navy to go forth that it should be enquired whether the Duke brake not the Match with Spain out of spleen to Olivarez and whether he made not the Match with France upon harder terms To these and many other things of the like nature the Duke made a handsom and plausible Answer to both Houses and gave them account of the Fleet much variety of opinion was in the House of Commons in debate hereof The King sends a Message to quicken them They answer him with a general Declaration And the King perceiving the Commons resolved
end this Session The Commons proceed in the Bill for Tunnage and Poundage By the King's appointment an order is made in the Star Chamber to take off from the file the Bill there against the Duke and his answer the King being satisfied of the Duke's Innocency The Duke denies the speaking of any words at his Table against the Commons as one of their Members reported and charged one Melvin a Scotchman for saying that the Duke intended to put the King upon a war against the Commonalty with the assistance of Scotland and the like and that Sir Tho. Overbury had poysoned Prince Henry by his Instigation The King Cancelled the Commission of Excise The Commons order a Remonstrance to be drawn of the Peoples Rights and of the undue taking of Tunnage and Poundage without the grant of it by Parliament which being ready the Speaker who was before sent for to the King came late and while the Remonstrance was in Reading the King sent for the House and spake to them touching it and took offence that it mentioned Tunnage and Poundage taken without Grant by Parliament as contrary to his Answer to the Petition of Right which he excused and said he could not want Tunnage and Poundage Then he passed the Bill of Subsidies and other Bills and the Lord Keeper declared the King's pleasure to Prorogue the parliament which was so done by Proclamation Manwaring's Books were supprest by another Proclamation and compositions for Recusants Estates directed by another and to search for and commit Popish Priests by another Dr. Mountagu was made a Bishop and Dr. Manwaring though disabled by sentence was preferred to a good living and both were pardoned The chief Baron Walter is put out and the King said of Judge Whitelocke that he was a stout wise and a learned man and one who knew what belongs to uphold Magistrates and Magistracy in their dignity and there was some speech of making him cheif Baron in the room of Walter But Whitelocke had no great mind to succeed Walter because Walter alledged that his Pattent of that office was quam diu se bene gesserit and that he ought not to be removed but by a Scire facias Rochel being besieged the Duke was appointed to goe with the Fleet to relieve it and being for that end at Portsmouth with much company he was suddenly stabbed to the heart by one Lieutenant Felton and fell down presently crying the Villain hath slain me and so dyed When some that came in suspected Monsieur Sabise to have done it Felton stepped forth and said I am he that did it let no Innocent man suffer for it and so was apprehended not offering to Escape and was sent to prison The King notwithstanding went on with the design to releive Rochel and the Fleet went thither but returned without doing any service being ill provided and their Victuals stunck Upon this the Rochellers were so much distressed that of 15000 men but 4000 remained alive the rest perished with hunger The Souldiers that returned and were billetted up and down committed great Insolencies Upon the Peace made between England and France the Protestants there for a time had a little more Indulgence Morgan was sent with the Lord Vere to Gluckstadt The Privy Council wrote to Dalbier to dispose of the German Horse to the King of Sweden or to the King of Denmarke After the Duke of Bucks death Bishop Laud had great favour with the King The meeting of the Parliament was Protogued Many in London resort to Felton in prison he saith he is sorry for his fact but he was induced to it by the Parliament's Remonstrance The same he said to the Council and denyed that the Puritans or any other set him on or knew of his purpose Bishop Laud told him if he would not confess that he must go to the Rack he said he knew not whom he might accuse perhaps Bishop Laud or any other in that torture The Council by the King's directions sent to the Judges for their opinions whether he might be racked by the Law They all agreed that by the Law he might not be put to the Rack Some Merchants were committed for not paying Tunnage and Poundage according to the King's Declaration Chambers one of them brought his Habeas Corpus and it was returned that he was committed for Insolent words spoken by him at the Council Table that the Merchants were scrued up in England more than in Turkey but the words not being in the Return it was mended and he was discharged by Bayle the Council were offended at it and rebuked the Judges but they Justified what they had done Felton was tryed at the King's Bench and had Judgment of death he shewed remorse and offered his hand to be cut off which the King desired might be done but the Judges said it could not be by Law and he was hanged in Chains Mr. Vassall was brought into the Exchequer for not paying Tunnage and Poundage he pleaded Magna Charta and the Statute de Tallagio non concedendo and that this Imposition was not by assent in Parliament The Barons refused to hear his Council gave Judgment against him and Imprisoned him Chambers having his goods seised sued a Replevin the Barons stayed it and all other Replevins in the like case by an Injunction to the Sheriffs and ordered the double value of his goods to be seised and the like was in the case of Mr. Rolls At the Council it was resolved before hand to Justifie these proceedings when the Parliament should meet and if the Parliament did not pass the Bill for Tunnage and Poundage then to break it And those of the Council that were Members of the House of Commons were directed what to say if the House should fall upon any of the King's Ministers The Parliament met and found the Petition of Right to be Printed with some Additions and the Copies first Printed without the Additions were suppressed by the King's order And they were informed of the seising of the Merchants goods perticularly of Mr. Rolles then a Member of Parliament and that the Customers said If all the Parliament were concerned in the Goods they would seise them These things were referred to a Committee The King sent for both Houses spake to them in justification of his taking Tunnage and Poundage untill they should grant it to him wished them to do it and not to be Jealous of the actions of one another He sends another Message to them to expedite that Bill they are troubled that it should be imposed on them which should first move from them They consider of the Grievancies since the last Session Of the increase of Arminians and Papists Pym moves to take a Covenant to maintain our Religion and Rights they proceed touching Religion before Tunnage and Poundage and touching the late Introducing of ceremonies by Cosins and others and the late Pardons Another Message comes
The day of the Assembly the Marquess his Commission was read and the next day a declaration and protestation was presented to the Commissioner in the name of the Archbishops and Bishops against the Assembly and containing a Nullity of it This was denyed to be read against which refusal The Commissioner entred a Protestation and took Instruments thereupon In the debate of Elections they left no man standing as a Commissioner who was not fully of their mind but the admission of Lay Elders past not without an high contest Many places protested against the Legality of their Session and the King having nominated six Lords of his Privy Council to be Assessors to his Commissioner in that Assembly they refused to entertain them or allow their suffrage affirming that If the King himself were present he should have but one Vote and that no negative one The Commissioner seeing no good likely to be done by continuing the Assembly and upon consultation the Council advising to dissolve it he went thither and caused a Paper to be read which was a Declaration the same in effect with the Proclamation discharging the Service Book Book of Canons c. After the Reading of it the Commissioner signed it and required it to be entred in the Books of the Assembly provided that the registring thereof be no approbation of the Lawfulness of the Assembly and protested that whatsoever should be done or said in it should not be obliging or reputed as an Act of a General Assembly The Commissioner assembled the Council to draw up a Proclamation for dissolving the Assembly which being agreed on was subscribed by all but the Earl of Argile who now began to shew himself for the Covenanters party The publishing of the Proclamation was Incountred with a Protestation of the Covenanters That is was lawful for them to continue the Assembly and that they would still adhere to all their former Protestations In pursuance hereof they presently declared six former General Assemblies which they thought would be against them to be null then they deprived all the Bishops and some they excommunicated and soon after they abolished Episcopacy it self as inconsistent with the Laws of that Church The Commissioner being returned in discontent for England the Covenanters began to levy Souldiers to impose Taxes to raise Fortifications to block up some and seise others of the King's Castles and to prepare for War This was the Fountain from whence our ensuing troubles did spring and therefore may deserve the larger Relation and tend the more to the full knowledge and understanding of our following story It was now 100 years since Calvin first set his foot into Geneva from whence the Bishop being expelled it was necessary to Institute some other Ecclesiastical Government Calvin being of great credit and esteem in that City the framing of this new Government was committed to his care he observing the civil state there to be Democratical he thought it must best suit therewith and with the liking of the People to frame the Ecclesiastical Government agreeable thereunto He therefore formed a Consistory of Elders a great part whereof were Lay men and they were to manage all matters Ecclesiastical This pleased the People of Geneva and some Entituled it to a Jus Divinum and it found good reception in the Gallican and Belgick Churches where it was generally setled The next design was to plant it in Britaine for which end Beza writes to Queen Elizabeth recommending this form to her as the onely thing to be desired in England ' s Reformation the Queen was loth to proscribe Episcopacy and to entertain this new model of Presbytery and therefore gave Beza his saying but not his desires and shortly after she and the Parliament whereof some Members inclined to this way were admonished in several treatises written and dedicated to them to abolish Episcopacy as Antichristian But the Queen and the Parliament stood fixed and could not be wrought to any unsettlement of the ancient discipline by Episcopacy In Scotland the new form prospered better for there about the year 1560. The Earl of Murray Prior of St. Andrews the Queen 's base Brother with his party Knox Buchanan and others gave such a shock to Popery as made every thing and by consequence Episcopacy which stood near it to Reel Yet in 20 years it could not be supplanted but it was gained upon by degrees first in an Assembly 1580. It was ordered that all Bishops on pain of Excommunication should resign up their offices and about three years after the Parliament the King being a minor annext their temporalties to the Crown of Scotland This was supposed to be Instigated from some of the Nobility and Ministers from England Whereupon the then Archbishop Whitgift by the Queen's command contrived three Articles in the late Canons to which all were to subscribe at their taking of holy orders 1. Acknowledging the Supremacy of the Queen 2. Professing conformity to the Book of Common Prayer and approbation of the Book of Ordering of Bishops Priests and Deacons 3. Assenting to the 39 Articles of the Church of England In Scotland the Hierarchy began somewhat to revive again by their Parliaments ratifying the Clergy as the third Estate 1584. But the other Party 1592. prevailed with that state to ratify their Discipline Thus Episcopacy and Presbytery took their turns of Government for about 30 years But about the year 1598. King James caused the Prelates in Scotland to be restored to their Votes in Parliament and in his Book Basilicon Doron he expressed no great affection to the Consistorian Government 1603. At his accession to the Crown of England he was urged by Petition of 1000 Ministers against Episcopacy but he slighted it and by several Acts of Parliament in Scotland he rescinded what had been formerly enacted there to the prejudice of Episcopacy and from that time till these commotions this year in Scotland the Presbyters did not appear in opposition In October Mary de Medices the Queen Mother of France came into England the people were generally discontented at her coming and at her followers which some observed to be the Sword or Pestilence and that her restless Spirit Imbroyled all where she came That her combining with Monsieur the Duke of Orleans and the ill success of that Enterprise made France too hot for her and drave her to Bruxells where the Cardinal Infanta carressed her a while but there she was pursued with such curses that for fear of violence to her person she quitted that Country and betook herself to the protection of the Prince of Orange where she stay'd not long but receiving an invitation from the Queen her daughter she repayred into England The King perceiving that the Scots intended nothing but War thought not fit to yield them the start but by advice of the Archbishop Laud and others he hastened his levies of men and money and because this was the Bishops War
of some Opinions delivered at the Council-table of Juncto May 5. 1640. being the day that the last Parliament was dissolved the discovery whereof was thus Secretary Vane being out of Town sent a Letter to his Son Sir Henry Vane the younger then in London with the Key of his Study for his Son to look in his Cabinet for some Papers there to send to his Father The Son looking over many Papers among them lighted upon these Notes which being of so great concernment to the Publick and declaring so much against the Earl of Strafford he held himself bound in duty and conscience to discover them He shewed them to Mr. Pym who urged him and prevailed with him that they might be made use of in the Evidence against the Earl of Strafford as being most material and of great consequence in relation to that business Accordingly they were now produced to the House of Commons and in the Afternoon at a Conference with the Lords and the next day the Earl being brought to Westminster and both Houses being met the Notes were openly read the Title of them was No danger of a War with Scotland if Offensive not Defensive Then followed the Opinions interlocutory K. C. How can we undertake offensive War if we have no more Money L. L. Ir. Borrow of the City 100000 l. go on vigorously to levy Ship-money your Majesty having tried the affection of your people you are absolved and loose from all rule of Government and to do what power will admit Your Majesty having tried all ways and being refused shall be acquitted before God and Man And you have an Army in Ireland that you may imploy to reduce this Kingdom to obedience for I am confident the Scots cannot hold out five Months L. Arch. You have tried all ways and have always been denied it is now lawful to take it by force L. Cot. Leagues abroad there may be made for the defence of the Kingdom the lower House are weary of the King and Church all ways shall be just to raise Money by in this inevitable necessity and are to be used being lawful L. Arch. For an offensive not any defensive Warr. L. L. Ir. The Town is full of Lords put the Commission of Array on foot and if any of them stir we will make them smart To this the Earl answered That it were hard measure for Opinions and Discourses by Privy Counsellors in a Debate of Council to be prosecuted under the Notion of Treason As to the words that the King had an Army in Ireland to reduce this Kingdom they are only proved by the single testimony of one man Secretary Vane which is not of validity enough in Law in a matter of Debt much less in point of Life and Death 2. That the Secretarie's Deposition was exceeding dubious upon two Examinations he could not remember any such words the third time his Testimony was not positive but that I spake those words or the like and words may be very like in sound yet differ much in sense 3. There were present at the Debate but eight Privy Counsellors two of them the Arch-bishop and Secretary Windebank cannot be produced Secretary Vane affirms the words I deny them Four remain for Evidence Marquess Hamilton the Earl of Northumberland the Lord Treasurer and the Lord Cottington all these have declared upon their Honours that they never heard me speak those words nor any the like 4. Suppose I spake the words which I grant not yet cannot the word this rationally imply England as is yielded on all hands because England was not out of the way of obedience as the Earl of Clare well observed and because there never was any the least intention of landing the Irish Army in England as the Lords of the Council are able to attest This Paper of so great Consequence was missing at the Committee and by the Earl's Answer supposed that he had seen it and that it was conveyed to him by some of the Committee Whitelocke being in the Chair and having the charge and custody of all the Papers he was suspected more than others to have acted this piece of Treachery Great inquiry and search was made for the Paper but it could not then be found He told them when it was missing and that amongst such a multitude of Papers as he had in his custody it was not easie to see that he had them all again when they were brought forth or any of them called for That he never shewed this Paper to any but to the Committee and knew not who had it or what was become of it nor did he convey it or know of any that had conveyed it away But this would not serve the House was acquainted with the missing of the Paper and they ordered That every one of the Committee should make a solemn Protestation in the House that they did not convey it away nor know what was become of it All of them made this Protestation and the Lord Digby with more earnestness and deeper Imprecations than any of the rest yet afterwards at the Battel of Naseby the King's Cabinet being taken among the Papers in it was a Copy of these Notes under the Lord Digby's hand whereby Whitelocke was cleared and the Conveyer of the Paper to the King and from him to the Earl of Strafford was fully discovered The Earl having delivered his Answer to the additional Proof the Lord Steward told him That if he had any thing to say further in his defence he should proceed because the Court intended to prepare Matters for their speedy Judgment VVhereupon he made a summary Repetition of the several parts of his former Defence and concluded thus It is hard to be questioned upon a Law which cannot be shewn where hath this fire lain hid so many hundreds of years without smoak to discover it till it thus burst forth to consume me and my Children That punishment should precede promulgation of a Law to be punished by a Law subsequent to the Fact is extream hard what man can be safe if this be admitted My Lords it is hard in another respect that there should be no token set by which we should know this Offence no admonition by which we should avoid it If a man pass the Thames in a Boat and split himself upon an Anchor and no Buoy be floating to discover it he who oweth the Anchor shall make satisfaction but if a Buoy be set there every man passeth upon his own peril Now where is the Mark where the Token upon this Crime to declare it to be High Treason My Lords Be pleased to give that regard to the Peerage of England as never to expose your selves to such Moot Points such constructive Interpretations of Laws If there must be a tryal of Wits let the subject matter be of somewhat else than the Lives and Honours of Peers It will be wisdom for your selves for your Posterity and for the whole Kingdom to cast
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
Seal was at the first committed to the Custody of the two Speakers to be made use of by the Warrant of the Houses afterwards it was committed to the Custody of two Lords and four Commoners as Commissioners who had the Authority of Keeper of the Great Seal The Lords were the Earls of Manchester and Bullingbrook the Commoners were Mr. Brown Mr. S. John Mr. Wilde and Mr. Prideaux The Courts of Justice were not-yet open no practice for Lawyers August 12. The Earl of Lindsey being released from his Imprisonment by the Parliament came to the King at Oxford and was highly welcomed there but the Earls of Holland and Bedford found it otherwise to them For they about August 25. upon some distaste at the Parliament left them and got to Wallingford where the Governour Blagge received them with great shews of Honour and brought them from thence to the King at Oxford To him these Lords professed their Duty and Allegiance acknowledging their former Errours and promising wholly to desert the Parliament and to adhere to his Majestie 's Interest But not long after finding less favour and respect to them from the King and his Party than they expected upon this new Discontent they found means again to quit Oxford and to return to the Parliament About the same time the Earl of Clare left the Parliament and went to the King to Oxford but finding such Entertainment as Holland and Bedford had done both from the King and those about him he stoutly told the King That he intended to return to his own house in Nottinghamshire and prayed his Majestie 's leave for it The King wished him not to go but finding him resolute upon his Journey sent to have him stopped but in the mean while the Earl found means to pass the Guards and got home to Houghton and from thence to the Parliament It was said in Drollery that these three Earls had much confirmed others to continue with the Parliament for they having tried both Parties found it by Experience that this was the best to be in and to adhere unto A Book set out by Saltmarsh a Minister gave distaste to sober men by these among other his Counsells 1. That all means should be used to keep the King and his People from a sudden union 2. To cherish the War under the notion of Popery as the surest means to engage the people 3. If the King would not grant their Demands then to root him out and the Royal Line and to Collate the Crown upon some body else Some excepting against this in the house of Commons Mr. Henry Martyn said He saw no reason to condemn Mr. Saltmarsh and that it were better one Family should be destroyed than many Sir Nevill Poole moved that Mr. Martyn might explain what one Family he meant Who boldly answered The King and his Children Upon this some of the Members urged against his lewdness of life and the height and danger of these words And divers speaking sharply against Mr. Martyn he was committed to the Tower but shortly after released and re-admitted to his place in Parliament Sir Edward Coniers is removed fom his place of Lieutenant of the Tower and the Charge thereof given to the Lord Mayor Pennington The Parliaments Commissioners in Scotland send word of a fair Correspondence with the State there and their readiness to comply with the Parliament in order to which they had sent from them the Form of a Covenant to be taken by both Nations This the Parliament refers to the Assembly of Divines then sitting for their Advice in it Sir John Evelyn of Wilts had writ a Letter from the Earl of Northumberland's house at Petworth to Sir John Evelyn of Surrey which being intercepted and suspicious both of them being Members of the house of Commons were Imprisoned Both Houses passed an Ordinance August 28 for demolishing and removing all Monuments of Idolatry and Superstition out of all Churches and Chapels in England and Wales Divers Members of both Houses were Members of the Assembly of Divines and had the same liberty with the Divines to sit and debate and give their Votes in any Matter which was in consideration amongst them In which Debates Mr. Selden spake admirably and confuted divers of them in their own learning And sometimes when they had cited a Text of Scripture to prove their Assertion he would tell them Perhaps in your little Pocket Bibles with gilt Leaves which they would often pull out and read the Translation may be thus but the Greek or the Hebrew signifies thus and thus and so would totally silence them The Lord Willoughby of Parham had done great Service for the Parliament in Lincolnshire He had taken in Gainsborough and divers Prisoners there among whom was the Earl of Kingston who with the rest being sent by Water in a close Boat towards Hull A party of Cavaliers as they passed by called to the Boat to stay and because they did not the Cavaliers shot at them and the Earl with his man and no other in the Boat were slain by their own Friends The Lord Willoughby kept the Town afterwards against the Earl of Newcastle's Forces till over-powred with Numbers he was forced to surrender it upon honourable conditions Colonel Cromwell gave assistance to the Lord Willoughby and performed very gallant Service against the Earl of Newcastle's Forces This was the beginning of his great Fortunes and now he began to appear to the world He had a brave Regiment of Horse of his Country-men most of them Freeholders and Freeholders Sons and who upon matter of Conscience engaged in this Quarrel and under Cromwell And thus being well armed within by the satisfaction of their own Consciences and without by good Iron Arms they would as one man stand firmly and charge desperately The Parliament ordered Recruits for the Lord Willoughby and for Cromwell and both of them became in the Parliaments favour Gloucester was the general subject of discourse the King was set down before it with his whole Army the Governour Massey not only refuseth upon his Majestie 's Summons to render the City to him but sallies forth upon some of their Quarters and did cut off 300 of their men A Conspiracy of the Mace-bearer and others to kill the Governour and chief Military Officers was discovered and the betraying of the Town prevented some of the Conspirators being executed Gen. Essex advanced with his whole Body from Ailesbury towards Gloucester Aug. 29. The Enemy made a breach in the Outworks and some Assaults but was gallantly repulsed The King drew his Forces from Exeter and the West to the siege of Gloucester yet the Besiegers were very doubtful whether to continue or raise the siege Warwick Castle held out against the King's Forces and Colonel Bridges the Governour acquitted himself with much honour The Earl of Denbigh was made Major General of Coventry and some part adjacent The Lord Gray and Colonel
another Committee be named to whom this may be referred VVhilst we differ upon the Committee we lose the Business and do not pursue Peace I am perswaded Sir you can hardly name any Committee either within or without these Walls but would be ready to take pains to effect this good work Unless it were those who have said That if this War be well managed it may last twenty years But those were not English-men and although we have Irish French Dutch and Walloons as well as other Papists ingaged for the settlement of the Protestant Religion and Laws of England Yet I am perswaded that his Majesty and you mutually indeavouring as it is both your Interests none can hinder it It is true that these Foreigners help to open the Veins wider but a Peace will rid us of them and stop the Issue of Blood but if it bleed on still we must faint and perhaps become a prey to Foreigners Sir I humbly move that we may endeavour without more loss of time to satisfie the Lords with reasons that it is fittest to have this matter referred to the Committee of both Kingdoms Yet if their Lordships shall not be satisfied herein let us consent to name another Committee rather than to suffer so desirable a business to be protracted Let us consent to any thing that is just reasonable and honourable rather than in the least to neglect to seck Peace and to ensue it The Commons appointed a Committee to draw up Reasons to satisfie the Lords that it was fittest to refer this Matter to the Committee of both Kingdoms The Lord Howard of Escricke had an allowance out of Sequestrations in satisfaction of his Losses and the first Precedent herein was of a Lord. Captain Weere going with a Party from Lyme was surprised by the King's Forces and most of his men taken Prisoners and carried to Collington and divers killed Captain Thomas Pyne having Intelligence thereof went out the same Night with a Party of the Garrison of Lyme to Collington where he found them in Jollity for their Success and falling upon them he took the Colonel several inferiour Officers about sixty Souldiers and many Horse and Arms and rescued all their Prisoners Prince Rupert with a great body of Horse came unexpectedly upon the Parliaments Forces before Newark so that they had no time to prepare to receive him yet Colonel Rossiter Major Lilburn Captain Bethell and Hunt gallantly charged and routed the Right Wing led by the Prince Other of the Parliaments Forces did not play their parts so well but five hundred of them deserted the great Fort before they were assaulted secured their Arms and went away to Lincoln By which means the Prince became Master of that Fort and of the Island and there intrenched himself and cut of Provisions from the Besiegers which made them render upon Articles which were not observed The Parliament lost there three thousand Arms and nine pieces of Ordnance and the Enemy rejoyced much in this action The occasion of this defeat was the want of a good Agreement amongst the Officers before the Town who took upon them more power than belonged to them several of them striving to be chief in command and all thereby were the more careless and unprepared to resist the Enemy The Ordinance passed for compleating and maintaining the Lord General 's Army to consist of seven Regiments of Foot each of 1000 Souldiers divided into eight Companies and the General 's Regiment to be of 1500 Souldiers and divided into twelve Companies and to have six Regiments of Horse each to consist of 550 Troupers and divided into six Troups Instead of nine great Ships not so usefull in the Navy it was ordered to fit up twelve Merchant Ships The Commons ordered the Lord Mayor and Militia of London to provide a Store of Corn for the City An Ordinance passed for contribution of one Meal a Week for the Auxiliary Forces Colonel Harvey was sent forth with his Regiment of Horse to Sir William Waller Captain Swanley took a Bristol Ship laden with Arms and Ammunition for the King The Scots took a great Fort over against Tinmouth which commands all Ships coming in or going out of New Castle and five pieces of Ordnance Arms Powder and some Prisoners and lost but nine men Colonel Cromwell Governour of the Isle of Ely had the like power for levying money there for his Forces as the Earl of Manchester had in the associated Counties General Forth and Sir Ralph Hopton having drawn together the strength of the King's Forces in those parts marched towards Sir William Waller who with Sir William Belfore Sir Arthur Haslerig and others had got together about 10000 Men. Both Armies lay within a mile of each other about four miles from Winchester and two or three days faced each other and had some light Skirmishes between the Horse and William Waller's Men took about thirty of the enemy and slew one Captain and an Irish Rebel March 29. Both Armies fell on upon each other the King's Forces having the advantage in the number both Parties fought very gallantly and stoutly the London Forces and Kentish Men with Waller and Sir Arthur Haslerig and Belfore did very brave service and after a sharp Fight the Parliament Forces totally routed and dispersed the King's Army The first of the King 's that are said to run away were two Regiments of Irish the other Foot Regiments fought stoutly on both sides and came up to push of Pike the London Regiments drave the Enemy from the Hedges which they had lined with Musquetiers and gained the passage to a Wood which stood the Parliament Forces in great stead and shortly after put the Enemy to a Rout which was so total that scarce ten of them were left together Their General Forth and Sir Ralph Hopton fled to Bafing House their Ordnance Arms Bag and Baggage left to the Parliament about 500 of them slain besides those in the pursuit closely followed by Sir Arthur Haslerig The Lord John Brother to the Duke of Lenox was slain and many Officers of the King's Party of the Parliaments Party about 100 Men slain Colonel Dalbier wounded and Colonel Thompson's leg shot off The News hereof as it was joyfull to the Parliament so it took off much of their rejoycing at Oxford for the relieving of Newark and raising of the siege there Anno 1644. April 1644. The Parliament ordered a day of publick thanksgiving for the good success which it pleased God to give to their Forces hear Winchester Ships were ordered to lie to hinder the landing of the Irish Captain Swanley secured Milford Haven Haverford West and all Pembrokeshire for the Parliament The Irish Rebels enter'd into a Catholick Covenant and sent their Agents to the King to have a free Catholick Parliament and they had countenance at Oxford The Commons took course for making of Gunpowder The Scots and New-Castle's Army often faced each other and had some
and shall be ready to give our faithfull advice in what shall be required of us Wh. Your Excellence I am assured is fully satisfied of our affections and duty to your Self and to that cause in which we are all engaged and my Lords the Commissioners of Scotland will likewise I hope entertain no ill thoughts of us L. Gen. My Lord Chancellour of Scotland and the rest of the Commissioners of that Kingdom desired that you two by name might be consulted with upon this occasion and I shall desire my Lord Chancellour who is a much better Oratour than I am to acquaint you what the business is L. Chancellour Mr. Maynard and Mr. Whitelocke I can assure you of the great opinion both my brethren and my self have of your worth and abilities else we should not have desired this meeting with you and since it is his Excellencie's pleasure that I should acquaint you with the matter upon whilke your counsel is desired I shall obey his commands and briefly recite the business to you You ken vary wee le that General Lieutenant Cromwel is no friend of ours and since the advance of our Army into England he hath used all underhand and cunning means to take off from our honour and merit of this Kingdom an evil requital of all our hazards and services but so it is and we are nevertheless fully satisfied of the affections and gratitude of the gude people of this Nation in the general It is thought requisite for us and for the carrying on of the cause of the tway Kingdoms that this obstacle or remora may be removed out of the way whom we foresee will otherwise be no small impediment to us and the gude design we have undertaken He not onely is no friend to us and to the Government of our Church but he is also no well willer to his Excellence whom you and we all have cause to love and honour and if he be permitted to go on in his ways it may I fear indanger the whole business therefore we are to advise of some course to be taken for prevention of that mischief You ken vary wee le the accord 'twixt the twa Kingdoms and the union by the Solemn League and Covenant and if any be an Incendiary between the twa Nations how is he to be proceeded against now the matter is wherein we desire your opinions what you tak the meaning of this word Incendiary to be and whether Lieutenant General Cromwel be not sike an Incendiary as is meant thereby and whilke way wud be best to tak to proceed against him if he be proved to be sike an Incendiary and that will clepe his wings from soaring to the prejudice of our Cause Now you may ken that by our Law in Scotland we clepe him an Incendiary whay kindleth coals of contention and raiseth differences in the State to the publick dammage and he is tanquam publicus hostis patriae whether your Law be the same or not you ken best who are mickle learned therein and therefore with the favour of his Excellence we desire your judgments in these points L. Gen. My Lord Chancellour hath opened the business fully to you and we all desire your opinions therein Wh. I see none of this honourable Company is pleased to discourse further on these points perhaps expecting something to be said by us and therefore not to detain you longer I shall with submission to your Excellence and to these honourable Commissioners of Scotland declare humbly and freely my opinion upon those particulars which have been so clearly proposed and opened by my Lord Chancellour The sense of the word Incendiary is the same with us as his Lordship hath expressed to be by the Law of Scotland one that raiseth the fire of contention in a State that kindles the burning hot flames of contention and so it is taken in the accord of the two Kingdoms Whether Lieutenant General Cromwel be such an Incendiary between these two Kingdoms as is meant by this word cannot be known but by proofs of his particular words or actions tending to the kindling of this fire of contention betwixt the two Nations and raising of differences between us If it do not appear by proofs that he hath done this then he is not an Incendiary but if it can be made out by proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being there accused for those things This I take for a ground that my Lord General and my Lords the Commissioners of Scotland being persons of so great honour and authority as you are must not appear in any business especially of an Accusation but such as you shall see before-band will be clearly made out and be brought to the effect intended Otherwise for such persons as you are to begin a business of this weight and not to have it so prepared before-hand as to be certain to carry it but to put it to a doubtfull trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great honour and wisedom Next as to the person of him who is to be accused as an Incendiary it will be fit in my humble opinion to consider his present condition and parts and interest wherein Mr. Maynard and my self by our constant attendance in the House of Commons are the more capable to give an account to your Lordships and for his interest in the Army some honourable persons here present his Excellencie's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentle-man of quick and subtle parts and one who hath especially of late gained no small interest in the House of Commons nor is he wanting of Friends in the House of Peers nor of Abilities in himself to manage his own part or defence to the best advantage If this be so my Lords it will be the more requisite to be well prepared against him before he be brought upon the Stage lest the issue of the business be not answerable to your expectations I have not yet heard any particulars mentioned by his Excellence nor by my Lord Chancellour or any other nor do I know any in my private observations which will amount to a clear proof of such matters as will satisfy the House of Commons in the case of Lieutenant General Cromwel and according to our Law and the course of proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtfull and therefore cannot advise that at this time he should be accused for an Incendiary but rather that direction may be given to collect such particular passages relating to him by which your Lordships may judge whether they will amount to prove him an Incendiary or not And this being done that we may again wait on your Excellence if you please and
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
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
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
and sent to the Lords Order of both Houses for the Library of the Arch Bishop to be given to the University of Cambridge Orders about the next Summers Fleet. Ordinances touching the Clerks places of the privy Signet and the Water-Bayliffs place and for four thousand pound for Col. Barton out of Delinquents Estates for his Arrears The Lords proceeded upon the City Petition and named a Committee to consider of punishing Hereticks and Schismaticks 11. Order for two thousand pound for the Executors of Sir Jo. Meldrum for his Arrears Ordinance committed for safe custody of Prisoners and yet that they may be liable to Suits Orders touching Compositions 12. The grand Committee sate about Religion and the Ordinance against Preachers not being Ordained 13. Grand Committee sate upon the same business A Committee appointed to moderate the Fees of the Registers in Chancery Receipts of the Scots for the two hundred thousand pound ordered to be entred in the House-Journal and in the Exchequer and the Lords desired to enter them in the Journal of their House Order for indemnity of the Treasurers Vote for an addition to a Committee The King came to Nottingham 15. Order for the Members to give in notes under their hands of the several Garrisons and the charge of them in the respective Counties Order to confirm the Articles of Truro A Committee to examine a complaint against the Lord Mohun that he had killed divers men in cold blood and therefore should not be admitted to his Composition Orders concerning new Elections and for Priviledge for Col. Rigby's Servants and for three hundred pound to Mrs. Herle for her late Husbands Arrears and for two thousand pound to Col. Cely Governor of Lime a Member of the House for his Arrears An Ordinance from the Lords to prohibit the killing of Beef Veal and Lamb for eight weeks Another to take away all Country Committees both Committed by the Commons The Lords concurred in the Ordinances for removing the Library from Lambeth to Cambridge and in that for Sir Jo. Meldrum's Executor A great tumult in Smithfield the Excise-house pulled down the Lord Mayor published a Proclamation that whosoever could bring in the chief actors in it should have five pound and many were committed to Prison about it Success of some of the Parliaments Forces in Ireland care for men and provisions thither Sir Thomas Fairfax went and met the King who stopped his Horse Sir Thomas Fairfax allighted and kissed the Kings hand and afterward mounted and discoursed with the King as they passed towards Nottingham The King said to one of the Commissioners That the General was a man of honour and kept his word with him Divers of the Kings Officers were apprehended upon suspition and imprisoned by the Commissioners The Scots passed Berwick into Scotland most of them were to be disbanded General Leven executed one for Murder who was one of his Soldiers and the Countrey were well pleased with it 16. The Sheriffs of London came to the House and informed them of the tumult in Smithfield about the Excise-house and the Commitment of many for it The House gave them thanks and ordered that the Malefactors be proceeded against at the Sessions The Declaration of the grounds of laying and continuing the Excise committed New Members admitted The Lords pass'd the Confession of Faith as the Assembly gave it in A Petition to the Lords from Suffolke of the same effect with the London Petition with an addition that the Armies may be disbanded The Lords gave them thanks for their good affections for the Petition and the particulars of it they would speedily take into consideration 17. Debate of disbanding Forces and dismantling Garrisons the several Members gave an account of all their Counties and sate till eight at night then resolved that the Army should first be taken into debate Ordinance for nine thousand pound for the works of London sent to the Lords 18. Order that a Body of five thousand horse and a thousand Dragoons be continued for the service of the Kingdom and at the charge of the Kingdom Letters from the Commissioners with the King at Holmeby desired that they might be discharged from that great charge Ordinances for Compositions Ordinance for six thousand pound for Nottingham House The People flocked to see the King as he passed by 19. The House sate from Morning to nine at night and voted that no more Foot should be maintained than what was sufficient to man the Garrisons 20. Orders for Members to go into the Countrey Letters from the Earl of Ormond to Mr Salleway and others with propositions for surrender of Dublyn and other Forts in Ireland Lords concurrence to divers Ordinances A Letter from the King from Holmeby to both Houses Desired That in regard he was not satisfied with the Presbyterian Government that Doctor Sheldon and divers others of his Chaplains or any two of them might be permitted to come to him by whom he might receive satisfaction The House voted to send to the King to sign the Propositions The Declaration concerning the Excize past the House and care taken for ease of the poor in the payment of Excize Benson a Delinquent apprehended by the City Martial and committed close Prisoner 22. Upon the report of all the transactions between the Parliaments Commissioners and the Marquess of Ormond the House approved what the Commissioners had done and gave them thanks Orders for ten thousand pound for the Forces which shall go to possess Dublin and three thousand pound to the Marquess of Ormond and referred to the Committee of the Irish Affairs to manage the whole business of the Marquess of Ormond and they to give an Account of the Money Forces and Supplys for Ireland A Letter assented to That the House agreed to Ormonds propositions and to acquaint him that the Sequestration of his Estate should be taken off Letters to the Lord Inchequin and others to assist in this business The Earl of Pembroke had leave to come from Holmeby to London Both Houses voted Mr. Bradshaw to be Chief Justice of Chester and to refer it to the Commissioners of the Seal to consider of fit persons to be Judges in Wales The Declaration pass'd concerning the Excise with Instructions to the Officers The Lords made an Order against the spoylers of the Kings Game 23. Leave to divers Members to go into the Countrey and for Mr. Crew to come from Holmeby to London And a vote pass'd that the Commissioners who stay with the King shall have the same Authority as when they were all together Votes for dismantling of Garrisons The King desied to come to or near London Letters informed that the Scots were all gone out of England and their whole Army disbanded except five thousand Foot and fifteen Troops of Horse 24. The Monthly Fast day some new Members took the Covenant 25. The French Ambassador desired Audience and a day was set for it The Sequestrations of Sir Henry
and have sixteen days to bring in his Answer 7. Upon a long debate touching the Declaration about Non Addresses to the King it was re-committed for some additions to be made concerning Warrants signed by the King in Scotland to such as were engaged in the Irish Rebellion where the Lord Dillon and Lord Taffe were with the King and other things relating to the Irish Negotiation with the Pope his sending Agents to Popish Princes Seignior Con's being received here c. Letters from the North of the auditing the Soldiers Accounts that the business of Disbanding is more easie That those which are not to be Disbanded are drawn into Market Towns That there are Rumors still of dangers from Scotland Letters from Ireland That Col. Pudsey took in four small Castles from the Rebels That Sir Henry Titchburne destroyed sixty thousand pounds worth of Corn in the Rebels Countrey That Col. Jones and Col. Monke intended to joyn upon a design That Col. Conwey fell into the Rebels Quarters and took forty Horse killed fourteen men and brought away much Cattle 8. Debate about the confession of Faith Orders for Money for the Navy The List of the Summers Fleet altered in the Title of it That instead of a List of his Majesties Ships it should be a List of the Parliaments Ships Innformation that some Holland Ships refused to strike Sail to some of the Parliaments Ships saying that Holland was the elder State referred to a Committee Six of the Impeached Lords appeared at the Bar of the House of Peers and the Charges were severally read against them and they put in sureties for their appearance The Lord Willoughby came not but sent a Letter being himself withdrawn That he had been above four months Committed without particular charge against him that their Lordships were pleased to order his enlargement that he had received Counsel from a friend that he is not fit for publick imployment and therefore resolved to privacy That he hath always been faithful to the Parliament and desired their Lordships to make an honourable construction of his Retirement Fourteen days were given to the Impeached Lords to put in their Answers and Counsel allowed them Captain Dare Captain of the Constant-Warwick for the Parliament had a sharp Fight with a Ship of the Irish Rebels and twenty five of his men were killed and wounded but he boarded and took the Irish Man of War 9. The Ordinance pass'd both Houses for the more effectual suppressing of Stage-playes by Imprisoning and Fining and Whipping for the second offence An Ordinance for paying of Tithes and other Duties to the Ministers of London after much debate was committed A Petition from Taunton expressing the gratefulness of that Town for the Votes for no further Addresses to be made to the King And they had the thanks of the House and the Petition ordered to be Printed Letters from the General about new modelling the Martial power so as to have more Officers at less pay than now and fewer Soldiers which may be suddenly filled up as there shall be occasion and hereby the Army be better governed and less chargeable An explanatory Ordinance touching the sale of Bishops Lands committed and power given to remove Obstructions Letters from Ireland of sad complaints of the Officers and Soldiers there for want of Pay Meat and Cloaths so that the Soldiers go up and down more like Ghosts than Men. 10. Debate touching Scots Officers who had served the Parliament Order for an augmentation for the Church of great Brentford Order for an hundred pound for a gentleman who had lost both his eyes in the Service of the Parliament and to recommend him to Suttons Hospital the like for another who lost both his eyes at the Battle of Nazeby and the like for a third who had both his eyes shot out Debate till seven at night about the Declaration touching no more Addresses to be made to the King 11. Debate upon the Declaration touching no more Addresses to the King and voted upon hearing proofs That his Majesties Instructions to Mr. Cockeram his giving blanks signed with his Seal Manual the clause touching the Protestant blood shed in Ireland by such as had Commission from the King another concerning the death of King James the miscarriage at the Isle of Rea and Rochel the innocent blood shed in England and Scotland in prosecution of the Roman Catholick Cause be inserted in the Declaration and order'd it to be Printed and Published 12. The House sate not this day having adjourned till Tuesday by reason of extraordinary occasion for the Speaker at this time to sit in Chancery 14. Orders issued by the General for sending out Forces to prevent and suppress Tumults and Riots and to examine and secure such as shall be found acting or suspected to act or meet in any Tumult or unlawful Assembly contrary to the Orders of Parliament and to do such things as the Officers of the Troops to be sent out shall find necessary for preventing any Injuries or Affronts to be done to Travellers Carriers or others upon the High Ways Other Orders of the General touching Transportation of disbanded men Letters from the North That divers Troops and Companies were disbanded first only the Soldiers and two month pay given them and Debenters for the rest of their Arrears and Passes to go home or into Ireland That some discontents were among them and many Robberies and Murders committed upon the Disbanding 15. Reference to a Committee to seize or buy some Morter-pieces and Arms informed to be in a private hand An Ordinance sent up to the Lords for the Assessment of Ireland Upon Information That Judge Jenkins being brought as a Defendant to the Chancery Bar and required to answer a Bill there against him for a foul Cheat and breach of trust as some alledged Judge Jenkins told the Court That he ought not nor would submit to the power of that Court for that it was no Court and their Seal was counterfeit The House referred it to a Committee to draw up an Impeachment of Treason against him A day appointed to consider of the Compositions of the Lord Abergavenny a Papist and others upon Oxford Articles Order for two hundred men to be added to the Isle of Wights Forces The General treated with the Committee of the Army about disbanding the Lifeguards The Lords received another Paper or Protestation from Sir Jo. Maynard wherein he tells them That he ought to be tryed by a Jury for which he quotes Magna Charta and the Lord Cook and that he may except against thirty five of the Jury without showing cause and that none are to be his Judges who have acted in the same matters whereof he is accused the Lords ordered his answer to be brought in by a day The Parliaments Declaration that no more Addresses be made to the King was published the heads whereof are before mentioned 16. The
Court the Statute of W. 1. c. 29. and the Mirrour of Justices agree in an excellent direction in this point When a good cause is destroyed by misinformations or unlawful subtleties or deceits let the instruments thereof take heed of the wo denounced by the prophet against them that call good evil and evil good that put darkness for light and light for darkness their root shall be rottenness and shall go up as dust Remember that in your Oath for one verb you shall serve you have two adverbs well and truly The duty of Advocates to their Clients are general and particular The general consist in three things Secrecy Diligence and Fidelity 1. For Secrecy Advocates are a kind of Confessors and ought to be such to whom the Client may with confidence lay open his evidences and the naked truth of his case sub Sigillo and he ought not to discover them to his Clients prejudice nor will the Law compel him to it 2. For Diligence much is required in an Advocate in receiving instructions not only by breviats but by looking into the Books themselves in perusing Deeds in drawing Conveyances and Pleas in studying the points in Law and in giving a constant and careful attendance and endeavour in his Clients causes 3. For Fidelity it is accounted vinculum Societatis the name of unfaithfulness is hateful in all and more in Advocates than others whom the Client trusts with his livelyhood without which his life is irkesome and the unfaithfulness or fraud of the one is the ruin of the other Virgil in his fiction of Aeneas going down to Hell sets these in the front of Crimes Hic quibus invisi fratres dum vita manebat Pulsatusve Parens aut fraus innexa clienti Inclusi paenam expectant For your duty to particular Clients you may consider That some are rich yet with such theremust be no endeavour to lengthen causes to continue Fees Some are poor yet their business must not be neglected if their cause be honest they are not the worst Clients though they fill not your purses they will fill the ears of God with prayers for you and he who is the defender of the poor will repay your Charity Some Clients are of mean capacity you must take the more pains to instruct your self to understand their business Some are of quick capacity and confidence yet you must not trust to their information Some are peaceable detain them not but send them home the sooner Some are contentious advise them to reconcilement with their Adversary Amongst your Clients and all others endeavour to gain and preserve that estimation and respect which is due to your degree and to a just honest and discreet person Among your Neighbours in the Country never foment but pacify contentions the French proverb is Bonne terre mavuais chemin Bon Advocat mavuais voicin I hope this will never by any here be turned into English The next and last words which I shall note in your Writ are Servientis ad legem The name Sergeant is antient some would fetch it from the French word Sergent as Pasquier in his Recherches but that word is also Saxon. You are indeed Servientes but it is Ad legem your Fee is honorarium and you are or ought to be Patroni Clientium Viduae Orphano Adjutores The Conservators of the peace as in my Lord Cokes preface to his 10. Rep. were antiently called Servientes pacis and the tenure by Grand Sergeantry is the most honourable Sergeants were also called in Latin Narratores as my Lord Coke and Sir Roger Owen observe And in the Book in the Tower 14 E. 2. f. 89. One prayes that he may have Narratores in placitis ipsum tangentibus notwithstanding the Laws of Wales In the records in the Treasury 25 E. 1. one Thomas Marshall justified the maintenance of a cause for that he was Communis Serviens Narrator coram Justitiariis alibi ubi melius ad hoc conduci poterit and as a Counsellor he advised him They were antiently called likewise Countors as is noted by Sir Roger Owen and my Lord Coke because the Count comprehendeth the Substance of the Original Writ and the foundation of the suit and of that Part as the worthiest they took their name and lost it not in the reign of E. 1. and at this day every Sergeant at his creation doth count in some real Action at the Common-Pleas Bar. In the Statute of W. 1. 3 E. 1. he is called Sergeant Countor and in the Stat. 28 E. 1. c. 11. is this clause Nest my a entender que home ne poet aueer Councildes Countors des Sages gents Chaucer calls them Countors and in the Mirrour of Justices there is a Chapter of Countors the like in the grand Coustumier of Normandy and in the text and gloss of both these Countors are agreed to be Advocates who plead and defend mens causes in Judicial Courts The rest of the words of your Writ prefix a day and command you to prepare your selves to take this state and degree upon you Accordingly some of you have formerly appeared upon your Writs which have been ordered to be filed and your appearances recorded The rest of you have now appeared upon your Writs which have been read and the like order given as for the others and we are ready to admit you to take your Oaths And what honour and advantage hath been gained by any the most eminent of your predecessours in this degree I do heartily wish may be multiplied unto you Mr. Sergeant S t John and to all the rest of these worthy Gentlemen your Brethren 20. Vote for money for the Forces in Carlisle and Northumberland c. Several Officers of the Army presented to the Commons not to the Lords the Large Remonstrance of the Army with a Letter from the General to the House desiring the Renonstrance might have a present reading and the things propounded therein be timely considered and that no failing in Circumstances or expressions may prejudice the reason or Justice of what was tendered The preamble of the Remonstrance shewed the miscarriages of the King and of the Parliament severally and in Treaties between them especially that Treaty wherein they now are That they conceive the Parliament hath abundant cause to lay aside any further proceedings in this Treaty and to return to their votes of non-addresses and to reject the Kings demands for himself and his Party and that he may no more come to Government nor to London That Delinquents be no more bargained with nor partially dealt with Nor protected nor pardonable by any other power only moderated upon submission and among these Offenders they offer 1. That the King be brought to Justice as the Capital cause of all 2. That a day be set for the Prince and Duke of York to come in and if they do not then to be declared Traitors if they do come in to be proceeded against or remitted
drowned Orders touching Claims upon the Bill for Sale of Delinquents Estates 18 The Tryal of the Portugal Ambassadors Brother put off till the next Sessions upon the Petition of the Portugal Merchants An Address of the Army to the Lord Protector congratulating his Access to the Government and promising their Obedience and Faithfulness to his Highness and Service to him in the Station wherein God hath placed him Of a Discontent between Glencarn and Lorn and they divided and Warrants were sent to Apprehend the Lord Lorn 19 Letters that the States were likely to agree to the English Propositions for Peace Of a Prize loaden with Three thousand Cheeses brought in by the Hector Frigot and another Dutch Ship taken by a Private Man of War 20 Letters of the Enemies Levies in the Parliaments Quarters but that they dare not come to Execute their own Warrants Coppies of them sent up to the Protector These Warrants were forbidden by Collonel Cooper to be Executed under pain that any who obey them or correspond with the Earl of Glencarn or any of his Party shall be proceeded against as Enemies Of Prizes taken upon the Coast of Norway A Day appointed for drawing Lotts for Lands in Ireland Of Mischiefs done by the Tories in Ireland who were beaten back to their Boggs That the Plague continues in some places there 21 Letters that the Tories in Ireland indeavoured to get into a Body but were prevented Of Two Dutch Prizes brought in That Seventeen Dutch Ships were Arrived in Scotland with One thousand five hundred Forreiners and some Armes That in France an Imbargo was to be put upon all English Ships and Goods 23 An Ordinance Published by the Lord Protector and his Council declaring what Offences and no other shall be adjudged Treason within the Commonwealth of England Scotland and Ireland Another Ordinance touching the Ingagement repealing all former Acts touching the same Of Two Prizes of French Wines brought in by a Frigot 24 That Collonel Morgan was drawing together the English Forces against the Highlanders That Collonel Wogan was thought to be Slain That Lorns Revolt startled the Enemy 25 That the Lord Athol was Sick That Captain Cressey fell into the Quarters of about Forty of the Enemies Horse Killed Two took Prisoners and Sixteen Horse That a Party of the English being but Thirty Horse fell upon another Party of the Enemies and Routed them but the Enemy having Two hundred Men in Ambush fell upon the English slew the Lieutenant and Cornet and Seven of the Troopers and the rest made a difficult Retreat Cheats went about in the names of the Earl of Cleaveland and Lord Grandison to borrow monys of divers persons of Quality for the said Lords whereas the Lords employed none such as knew any thing thereof 26 That Myn Here Beverling one of the Dutch Gommissioners that lately returned from England was returned back from Holland thither and had Audience of the Lord Protector He affirms that the Province of Holland have agreed to the Articles of Peace with England and that the other Provinces will shortly do the same Mr. Feak and Mr. Simpson were examined before the Council for Preaching against the Lord Protector and his Government 27 Letters of the Honourable Reception and Audience of the Lord Ambassador Whitlock at Vpsale and the Queen shewed extraordinary respects to him A part of Pauls Church fell down 28 Letters that in the late Ingagement near Vaummond Captain Carr and another Scotch Commander of quality was slain and divers Prisoners taken and the rest driven to the Mountains Letters of Twenty Sail of Brest Men of War out at Sea which took some English Vessels in the Channel Of the Queen of Swedens Answer to the Lord Ambassadour Whitelocks Speech to her and her favours to his Sons and some of his Gentlemen and of the Complements of her Ministers to him and his returnes and of her great civility to him And the relation of the Senators who supped with him and their forbearing to begin a health to him And of his sending to Visit the Spanish Resident there of his Visit to Whitelock and of Whitelocks Private Audience with the Queen and of the Visits of Great Men to him with his Returnes to them an account of them to the Protector Of a Defeat given to the Highlanders and the taking of a Town near Blair Fourteen killed seven Prisoners and fifty Horse taken and many wounded That Captain Carr and Captain Kilsmores Lieutenant fired at each other at four yards distance and both of them fell from their Horses and dyed Mr. Feak and Mr. Sympson sent Prisoners to Windsor Castle That Captain Minns Ingaged four hours together with four Brest Men of War and saved some English Vessels from them and rescued another Vessel of Plymouth taken by a Brest Man of War and took in her Seventeen French Prisoners 31 Letters of the Officers of the Army in Scotland sending up their Addresses to the Lord Protector owning his Government Of Two Dutch Prizes brought into New Castle Dutch Capers in each Fifty Prisoners February 1653. Feb. 1. An Ordinance by the Lord Protector and his Council appointing a Committee of the Army and Treasurers at War as formerly Order by the Lord Protector and his Council to add some persons as Commissioners for the Assessments Upon invitation of the Lord Mayor and Aldermen of London the Lord Protector appointed a Day to dine with them Five stout Men of War gone out to Sea and twenty more going out to add to the English Fleet. A Declaration and Address of the General at Sea and Officers of the Fleet owning his Government and promising Obedience to the Lord Protector 2 Letters That the Vnited Provinces rejoyce in the Agreement and Peace between them and England 3 Orders for the drawing of Lots by the Adventurers for the Lands in Ireland Divers intercepted Letters from the Cavaliers sent up That the People in the North set upon the Quakers and beat them and the Quakers prayed to God to forgive them which so convinced the people that they fell out among themselves and were sorry that they had beaten the Quakers That the English Fleet was gone out to Sea divided into Three Squadrons but not so far distant but that by their Scouts they had quick Intelligence and Correspondency 4 Letters of the French Pickaroons who fly to their own Coasts when any of the English Frigots appear Of a Bickering between the English and High-landers 6 An Ambassadour from the Great Duke of Tuscany to Congratulate the Lord Protector And Two Agents from the Lords of the Isles of Omerland in Holland desiring to be esteemed as Neutrals and brought in the Number and Marks of all their Ships and desired to be accounted as a free State The Frigots about the Lands-end rescued many English Vessels from the French Pickaroons That Glencarns Captain Lieutenant and Seventeen of his Men were taken by a Party of the English and
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
The Parliament was adjourned for two days because the Speaker was ill 5. The Speaker continued ill and yet came to the House 6. A Bill touching the publick Revenue 9. The Parliament kept a Fast day within the House 12. The Speaker was not well able to perform the business of his place by reason of his ilness The House resolved into a Grand Committee upon the Bills for Uniting Scotland to England and for uniting Ireland to England 19. Discovery of a Plot of Sindercombe and others to kill the Protector and set on fire Whitehal A Thanksgiving day appointed for this discovery The House resolved to waite on the Protector to congratulate the Mercy and Deliverance 24. The Peace between this Common-wealth and Portugal proclaimed 27. Mr. Speaker being come to the house and the House taking notice of the weakness of his body it was resolved by the Parliament that in respect of Mr. Speakers present Indisposition of body the Lord Commissioner Whitelock be desired to take the Chair to supply the Speakers place during his absence The Lord Commissioner Whitelock was brought to the Chair by Collonel Sydenham and Major-General Howard and being there set desired since the House was pleased to Command his service in that place on this occasion that they would be pleased to construe with all Candor his words and actions therein and that they will give him a freedom of minding them and keeping them to the orders of the House for the service and Honour of the House Resolved That those ceremonies and repects that were used to the former Speaker shall be used to the present Speaker and that he have the profits due to the Speaker 30. The House resolved That the summ of 400000 l. shall be raised for the carrying on the War with Spain February 1656. 6. There was a great meeting of Learned men at Whitelocke's house at Chelsey by an order of the House made before Whitelock was Speaker The order was thus Jan. 16. At the Grand Committee for Religion Ordered That it be referred to a Subcommittee to send for and advise with Doctor Walton Mr. Hughes Mr. Castle Mr. Clerk Mr. Poulk Doctor Cudworth and such others as they shall think fit and to consider of the Translations and Impressions of the Bible and to offer their opinions therein to this Committee and that it be especially commended to the Lord Commissioner Whitelock to take care of this business This Committee often met at Whitelocke's house and had the most learned Men in the Oriental tongues to consult with in this great business and divers Excellent and Learned observations of some mistakes in the translations of the Bible in English which yet was agreed to be the best of any translation in the world great pains was taken in it but it became fruitless by the Parliaments dissolution 7. Appointed for the reading of private Bills in favour of Whitelock the present Speaker 9. Syndercomb was tryed at the Upper Bench Bar found guilty and condemned to be Hanged Drawn and Quartered The Court declared that by the Common-Law to compass or imagine the death of the chief Magistrate by what name soever he was called Whether Lord Protector or otherwise is High-Treason and that the statute 25 Ed. 3 was only declaratory of the Common Law Application touching the reformation of Cloathing 16. Many private Bills were passed Dr. Walton published the Polyglot Bible 18. Sr. Thomas Widdrington being informed of the great favour of the Parliament to Whitelock their Speaker during his absence and the Interest he had gained in the House and that several private Bills were ready to pass and particularly for naturalizing of many Strangers and every one of them was to pay 5 l. to the Speaker for his fee which Whitelock would receive in case Sr. Thomas Widdrington did not take his place again before the passing of those Bills he being desirous of the mony tho to the hazard of his life came again to the House and took his place tho very weak and feeble Whitelockes friends were apprehensive of the hard measure he had in being thus defeated and they were sensible of his pains and dexterity in managing the business of the House wherein he had given them great content and they said that in the short time of his being Speaker by his holding them to the points in debate They had dispatched more business than in all the time before of their sitting They moved the House on the behalf of Whitelock and these votes were unanimously passed Resolved upon the question by the Parliament that the Lord Whitelock have the thanks of the House for his great and faithful service in the business of this House as Speaker during the absence of the present Speaker Then some of his friends acquainted the House that Whitelock had not yet received 500 l. part of the arrears due to him upon his Ambassy to Sweden nor any reward at all for that great and honourable Service which was so much to the benefit of this Common wealth whereupon these Votes were also unanimously passed Resolved upon the question by the Parliament that the summ of 500 l. Expended by the Lord Commissioner Whitelock in his Ambassy into Sweden over and above what he hath received shall be forthwith paid unto him Resolved upon the question by the Parliamen that the summ of 2000 l. be paid unto the Lord Commissioner Whitelock over and above the said 500 l. in respect of his great and faithful Service to the publick in that Ambassy Ordered by the Parliament that the Lords Commissioners for the Treasury be required to pay the said several Summs accordingly Resolved upon the question by the Parliament that the Lord Commissioner Whitelock have the thanks of this House for his great service in that Ambassy The Speaker by Command of the House did give him standing in his place the thanks of the House for his great and faithful Service in that hazardous Voyage undertaken by him as Ambassador to Sweden and likewise for his readiness and faithfulness in the service of this House as Speaker in the absence of the present Speaker The mony was accordingly paid to Whitelock not long after tho when the same was voted by the former Parliament he received no part of it but the Protector and some of Whitelockes Illwillers about him were not pleased with this extraordinary favour of the Parliament to him yet he attended with the Speaker and the Members of the Parliament at Whitehal upon his Highness after the Sermon and was with the rest nobly Entertained by him at Dinner upon the day of Thansgiving for his Highness deliverance from the intended Murther of him by Syndercombe and his Associates 23. Indeavours to promote the great business of Settlement of the Nation and a Fast appointed to be kept within the House March 1656. 1. Applications in Sr. Francis Wortly's business in Parliament and in the business
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
lost only one Troop which was sunk by the breaking of the Ice whilst the Troop were marching upon it 16. The Contract was confirmed by the Council touching Tonnage and Poundage and the Excise wherein the Commissioners of the Treasury took pains 19. Whitelocke was much retired and not satisfied with the publick transactions March 1657. 1. Applications from a Scotch Lord to the Protector to restore this Lord to a place in Scotland from which he had been unjustly removed 16. The Funeral of Alderman Wright 17. The Cavalier Party were again at work upon a new Design whereof the Protector had Intelligence from abroad and from some of the Actors here about this he advised and sent for the Lord Mayor and Aldermen of London and acquainted them with it and desired their care to put the City into a posture of defence 18. A Petition and Representation was delivered to his Highness from the City of London of their faithfulness and duty to him 19. Divers the like Addresses were made from General Monk's and other Regiments and his Highness answered them with thanks 20. News of the Peace concluded between the Kings of Sweden and Denmark 24. The Protector ordered 200 l. to be paid out of the Treasury to Manasseh Ben Israel the Jewish Rabbi April 1658. 11. A Collection for the persecuted Protestants in Poland and in Bohemia 12. The Protector by Letters Patents made four Baronets 17. The Protector advised about setting up a High Court of Justice for tryal of the Conspirators now in Prison he was advised rather to have them proceeded against in the ordinary course of Tryals at the Common Law but his Highness was too much in love with the new way and thought it to be the more effectual and would the more terrifie the Offenders 19. Several Addresses were made to the Protector from Regiments of the Army and from the Forces in Mardike with professions to adhere to him The Protector in his Answer to some of them did impart to them The present designs of the Enemy that Commissions were sent over hither from the King of Scots and that he had 4000 men in Flanders ready to be Imbarqued into England to joyn with his Party here and Ships ready to transport them and therefore it behoved all honest men to provide for a defence and to joyn heartily together 22. Thus the Protector 's Party were full of unquietness and alarms and yet it pleased God to keep up their Spirits from being daunted 24. Whitclocke and the rest of the Commissioners of the Treasury the Recorder of London and the Masters of the Requests or any two of them appointed by the Council a Committee to hear Appeals from Guernsey and Jersey and to report their opinions therein to the Council 27. The Commissiâ—â— of the Seal and of the Treasury the Judges and many others were nominated Commissioners under the great Seal for the tryal of the present Conspirators against the Protector and Governour and Whitclocke was one of them but he never sate with them it being against his judgment May 1658. 1. Serjeant Maynard was by Patent made his Highness Serjeant at Law 13. Sir Roger Mostyn was secured and a Prisoner to Colonel Carter at Conway 15. Sir Roger Mostyns liberty was procured upon his Paroll to be at his own house at Mostyn engaging to doe nothing prejudicial to the present Government 17. Sir John Borlace and several others were secured at this time 20. News of the Progress of the English and French Forces before Dunkirk 21. Thirty Apprentices Prisoners in the Tower upon the new Plot were examined It was advised that Lenity should be used towards them 25. The Tryal of Dr. Hewet before the new Commissioners of the High Court of Justice this day the Doctor did not carry himself prudently June 1658. 5. Mr. Mordant one of the great Actors in the new Conspiracy had favour from the Commissioners 6. News of the total Defeat given to the Spanish Army which came to relieve Dunkirk and of the gallant Service performed by the English wherein the Lord Ambassadour Lockart gained much honour 1200 Spaniards were slain and 2000 taken prisoners the English and French did gallantly 8. Sir Henry Slingsby and Dr. Hewet were beheaded at Tower-hill 9. Sir Humphrey Bennet being to be tryed for the new Conspiracy Applications were made by his friends to the Commissioners of the High Court of Justice for favour to him and his life was saved but the kindness of his friends not remembred 15. Audience to the Duke of Crequi and Monsieur Mancini sent from the King of France and from the Cardinal Mazarine to the Protector to congratulate the Success of the King 's and the Protector 's joynt Forces and to complement his Highness who answered their Complements and expressed like affection to the alliance with his Majesty of France 21. Intelligence of the surrender of Dunkirk and that the King of France the Cardinal and General Lockart entred the Town with their Forces and Lockart was put into the possession and command of it 23. Whitelocke having been formerly employed by the Protector together with Mr. Bond and no others about a Proposal for betraying this Town by the then Spanish Governour of it unto the Protector for money which the Protector then refused as a dishonourable Action some Overtures were made to Whitelocke to be Governour of that place upon Lockart's Imployment in other Services but Whitelocke was not satisfied to undertake it though it was a Command very honourable and profitable nor was he ambitious of that Preferment or endeavouring to obtain it 24. News of the taking of Bergen by the English and French 26. Sir Thomas Widdrington was made Lord chief Baron of the Exchequer 30. According to Whitelocke's former advice to the Protector wherein Thurlo agreed divers others of the new Conspirators were referred to be tryed at the Vpper Bench Bar after the course of the Common Law July 1658. 2. Several of the new Conspirators tryed and found guilty 6. Several of them were executed in London and at Tyburn 8. Mr. Hugh Peters related the Passages of Mardike and Dunkirk where he preached to the Souldiers 14. Upon a Report from the Commissioners of the Treasury the Protector and Council made several Orders for bringing in money in arrear to the State 17. Mr. Ryley the Herald and Clerk of the Records in the Tower promised great Service about the Calendring of the Records 18. The Protector was at Hampton Court and his Council there with him 21. The Protector kept a day of Thanksgiving for the Successes in Flanders 24. News of the Siege of Gravelin by the English and French Forces August 1658. 6. A general meeting of the Adventurers for Ireland 7. News of the death of the Lady Elizabeth Cleypole yesterday at Hampton Court she was a Lady of excellent Parts dear to her Parents and civil to all persons and courteous
and friendly to all Gentlemen of her acquaintance her death did much grieve her Father 12. The Protector was ill at Hampton Court 13. The Attorney Prideaux and the Sollicitor General were made Baronets 16. Mr. Robinson had a project to raise money for the Publick 17. Sir John Winter had a Project of charking of Sea-coal whereby it became as sweet Fuell as Wood or Charcoal and he sent some of it with a new fashion'd Grate to several great men for a Tryal but it came to nothing 21. A Bill signed by his Highness for a Patent to make Whitelocke a Viscount and in Secretary Thurlo's hand to be passed but Whitelocke did not think it convenient for him 22. Gravelin was delivered up to the French upon Articles 24. The Duke of Buckingham was apprehended and committed to the Tower 26. The Protector was sick at Hampton Court as some thought of an Ague 28. The Earl of Mulgrave one of his Highness Council died in the way as he was coming up to London September 1658. 3. This day about Two a Clock in the After-noon the Protector died at Hampton Court the same day that he had before obtained the Victories at Dunbar and at Worcester he now went to rest in the Grave after his many great Actions and Troubles he now died quietly in his Bed some were of opinion that he was poysoned Immediately upon his death the Council assembled and being satisfied that the Protector in his life-time according to the Petition and Advice had declared his Son Richard to be his Successour the Council caused the same to be proclaimed in a solemn manner in London and Westminster and they went the same day to Richard to acquaint him with it and sent a Committee of the Council into the City to inform them hereof The Proclamation of Richard to be Lord Protector was made in London in the following words Whereas it hath pleased the most wise God in his Providence to take out of this world the most serene and renowned Oliver late Lord Protector of this Common-wealth And his Highness having in his life-time according to the humble Petition and Advice declared and appointed the most Noble and Illustrious the Lord Richard eldest Son of his said late Highness to succeed him in the Government of these Nations We therefore of the Privy Council together with the Lord Mayor Aldermen and Citizens of London the Officers of the Army and numbers of other principal Gentlemen do now hereby with one full voice and consent of Tongue and heart publish and declare the said Noble and Illustrious Lord Richard to be rightfull Protector of this Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To whom we do acknowledge all fidelity and constant obedience according to Law And the said humble Petition and Advice with all hearty and humble affections beseeching the Lord by whom Princes rule to bless him with long life and these Nations with peace and happiness under his Government Richard Chiverton Mayor Henry Lawrence President Nathaniel Fiennes C. S. John Lisle C. S. C. Fleetwood P. Lisle John Desbrough E. Mountague Gilb. Pickering C. Wolseley Philip Skippon William Sydenham Wal. Strickland Phil. Jones Jo. Thurloe Fauconberg Edw. Whaley W. Goff Tho. Cooper Oliver Flemming John Clerk Tho. Pride Edm. Prideaux Tobias Brigde Edw. Salmon Jo. Biscoe Waldine Lagoe John Mill. E. Grosvenor c. God save his Highness Richard Lord Protector The Council gave the Oath to Richard and with his consent another Proclamation was published for all that were Officers in his Father's time to continue in their places 8. The Master of the Ceremonies by Order of the Council acquainted all foreign Ministers with the death of the late Protector and the Succession of his Son Richard 9. Letters of the Proclaiming of Richard to be Protector in several of the chief Cities and Towns in England 10. Of the Proclaiming of Richard Lord Protector at Dunkirk Richard and his Council kept a Day of humiliation and ordered the keeping of it at another time in London 11. News of the King of Sweden's besieging of Copenhagen 17. Mens minds were troubled at this change and feared the consequences of it 20. News of the surrender of the Castle of Cronenberg by the Danes to the King of Sweden 25. Several Addresses came to the new Protector declaring satisfaction in his succession and resolution to adhere to him 28. News of good Service performed in Liefland by General Douglas and of the King of Sweden's Successes in Denmark October 1658. 2. An Address from the Sea-Officers acknowledging Richard and protesting to stand by him and from General Monk and his Officers in Scotland 4. News of the taking of Ipre by the English and French in Flanders 5. Addresses to Richard from Portsmouth 6. An Address from the French Dutch and Italian Churches in London 7. The Gentlemen and Freeholders of Buckinghamshire having framed an Address to Richard wherein most of the principal Gentlemen were engaged When they had got it signed they pitched upon Whitelocke to present it whom a great number of them accompanied to Richard with the Address and were quickly admitted to his presence Whitelocke with a short Speech presented it to him and Richard made a very good prudent Answer and thanked the Gentlemen for their affections 10. Letters from Bergen ap Zoam of the news of those parts and of their great Fleet and assisting the King of Denmark against the King of Sweden 23. Mr. Fell died he was a good Lawyer and a good man he served the Parliament as a Souldier and they made him Commissioner of the Seal for Lancaster and second Justice of Chester 15. Several Addresses to Richard from the Congregational Churches and from divers Cities and Counties 18. Audience given by Richard to the French Ambassadour when Richard did carry himself discreetly and better than was expected 19. An Envoy from the King of Sweden to Richard to congratulate his Succession had Audience and from him news of the continuance of the Siege of Copenhagen 22. By advice of the Commissioners of the Treasury order was taken for the bringing in of money for the Souldiers 24. Several other Addresses were made to Richard 27. A general Address to Richard from Berkshire 28. Addresses from the Sea-Officers and Mariners Novem. 1658. 3. An Address to Richard from Oxfordshire 8. News of the Fight at Sea betwixt the Swedes and the Dutch who came to relieve Copenhagen Admiral Wrangell behaved himself very gallantly and the Swedes had much the better in the Fight but whilst the Swedish Ships were engaged the Merchantmen got by and brought the desired Relief to Copenhagen 13. Sr. Gustavus du Val Envoye from the King of Sweden had Audience and took his leave of Richard 16. Addresses to Richard from the Officers of the Army presented by Desborough 18. Whitelocke constantly attended the business of
Habits Chariots Musick and all other parts of the former Solemnity and in the same state and equipage as it was before presented This also gave great contentment to their Majesties and no less to the Citizens especially to those of the younger sort and of the female sex and it was to the great honour and no less charge of the Lord May or Freeman The persons imployed in this Masque were paid justly and liberally some of the Musick had one hundred pounds apiece so that the whole charge of the Musick came to about a thousand pounds The Clothes of the Horsemen and the Liveries of their Pages and Lacquies which were at their own particular charge were reckon'd one with another at a hundred pound a Suit at the least and one hundred of those Suits to amount to ten thousand pounds The charges of all the rest of the Masque and matters belonging to it were reckon'd at as much more and so the charge of the whole Masque which was born by the Societies and by the particular Members of it was accounted to be above one and twenty thousand pounds A little while after the Masque was performed the Committee order'd Sir John Finch Mr. Gerling Mr. Hyde and Whitelocke to attend the King and Queen in the name of the four Inns of Court to return their humble thanks for their Majesties gracious acceptance of the tender of their service in the late Masque They were first brought to the King who gave to all of them his hand to kiss then Sir John Finch in the name of the rest spake to the King to this effect Sir by the Command of your Majestie 's most affectionate and loyall Subjects the Readers and Gentlemen of the Four Inns of Court we are here to attend you with their most humble thanks for your great Favour to them in your gracious acceptance of the tender of their Service and Affections to your Majesty in the late Masque presented to you and for vouchsafing your Royal Presence at it The King with great affability and pleasingness answered him presently to this purpose Gentlemen pray assure those from whom you come that we are exceeding well pleased with that Testimony which they lately gave us of their great respect and affection to us which was very acceptable and performed with that Gallantry and in so excellent a manner that I cannot but give them thanks for it and shall be ready upon all occasions to manifest the good opinion I have of them and to do them and you in particular any favour From the King they were brought to the Queen and kissed her hand and Sir John Finch her Attorney having made the like Complement to her Majesty she answered quick and well pleased That she never saw any Masque more noble nor beter performed than this was which she took as a particular respect to her self as well as to the King her Husband and desired that her thanks might be returned to the Gentlemen for it This being reported to the Benchers of each Society they gave thanks to their respective Members that were of the Committee for the Honour they had done to the Society by the well ordering of that business of the Masque Thus these Dreams past and these Pompes vanished It will be now time to return to the publick story of the latter part of this year The Arch-bishop Laud procured a sharp sentence to be passed in the Star Chamber against Prynne that he should be imprisoned during his life fined 5000 l. expelled Lincolns-Inne Disbarred and Disabled to Practice Degraded of his Degree in the University be set on the Pillory and his Ears to be cut off and his Book to be burnt by the common Hangman which sentence was as severely Executed But before the fine was estreated the Archbishop and other high Commissioners by their Warrant caused Prynne's Books and Papers to be seised upon and brought away from his Lodging and had them perused and sifted to find matter against him of which Prynne complaining in the Star Chamber the Arch-bishop denyed any such Warrant During Prynnes Imprisonment Dr. Bastwick a Physician was brought into the High Commission Court for his Book called Elenchus Papismi Flagellum Episcoporum Latialium in Answer to one Short a Papist who maintained the Pope's Supremacy the Mass and Popery And Bastwick's Epistle to his Book declared that he intended nothing against our Bishops but against those of Rome Yet this Dr. was sentenced by the high Commissioners in a thousand pound Fine to be Excommunicated debarred his practice of Physick his Books to be burnt and he to be Imprisoned till he made a Recantation and this was for maintaining the King's Prerogative against Papacy as the Doctor pleaded But on the other part one who was a fierce Papist named Chowney wrote a Book in defence of the Popish Religion and of the Church of Rome averring it to be a true Church and the Book was dedicated to and Patronized by the Archbishop so far was Chowney from being punished and questioned for that Doctrine In the censure of Bastwick all the Bishops then present denied openly that they held their Jurisdiction as Bishops from the King for which perhaps they might have been censured themselves in H. 2. or E. 3. times But they affirmed That they had their Jurisdiction from God only which denial of the Supremacy of the King under God H. 8. would have taken ill and it may be would have confuted them by his Kingly Arguments and Regiâ manu but these Bishops publickly disavowed their dependance on the King And the Archbishop maintained the Book of Chowney and that the Romish Church was a true Church and erred not in Fundamentals and somewhat was noted to pass from him and other Bishops in defaming the holy Scriptures and Calvin was very much slighted and abused by them I cannot precisely aver all this though I heard most of it as it is here set down and heard the rest of it to this purpose from those who were present at the debating of these matters in the high Commission Court Anno 1634. Car. 9 Our Coasts were much infested by Pyrats even by Turks and Algiers men to the great prejudice of trade The Dutch men became almost Masters of the Sea in the Northern fishing Overtures were made concerning Herring fishing and Busses for our own Coasts and to prevent Strangers Some petty quarrels fell out between us and the Hollanders about those matters of fishing upon which Grotius did write his Book of Mare liberum but is clearly answered by that learned treatise of Selden's called Mare clausum The King finding the Controversie begun and that it must be maintained by force which his want of money could not doe He by the advice of his Attorney Noy and of the Lord Keeper Coventry who as far as his learning in those matters did extend and that was not far did approve and assist the project And by
advice of his Privy Council and Council Learned the King requires Shipmoney The Writ for it was at first but to Maritime Towns and Counties but that not sufficing other Writs were Issued out to all Counties to levy Ship-money Yet great care was taken to favour the Clergy all the rest of the People except Courtiers and Officers generally murmur at this taxe although it was politickly layd with all equality yet the great objection against it was because it was imposed without assent of Parliament and that therefore it was unlawfull The old Chancellor Oxenstierne of Sweden the great director of their affairs both at home and abroad particularly in Germany during the Queen's minority sent his eldest Son Grave John Oxenstierne Ambassadour to our King with Credentials from the Queen of Sweden But Grave John the Ambassadour and the Authority from whence he came were so unworthily slighted in our Court who were not willing to give any assistance to the Prince Elector against the Emperor that in great distast Grave John who was high enough in his own thoughts and for the honour of his Mistress the Queen went away in discontent from England and neither he nor his Father nor family were friends to our King after this affront put upon them The Parliament of Ireland gave some Subsidies to the King and the 39 Articles of our Church were there by that Parliament Established Mr. Attorney Noy having set on foot the tax of Ship money leaveth it and the world He died of the distemper of the Stone The Scots began to murmer against their last Parliament the Lord Balmerino was questioned about a Letter written by King James to Pope Clement to complement him It was suggested that this Lord's Father being Secretary to the King did draw the Letter and shufling it among other papers did by that means get it to be signed by the King Yet was this Lord afterwards not onely pardoned but honoured and preferred The discontented party in Scotland had Intelligence of the discontents in England and the Cardinal Richeliew sent his Agents to foment the discontents in both Kingdomes who met with matter and persons very apt to be kindled The Lord Treasurer Weston dyed not much lamented of the people who generally esteemed him to be a covert Papist and an Agent for Rome and though himself might be dispenced with yet most of his family made open profession of the Popish Religion and continue in the same profession Sir Edward Coke dyed this year also who was of greater reputation with the people but of less at Court whose Illegal actions he earnestly opposed in Parliament being usually chosen a Member of the House of Commons after he was put out of his publick offices He was a man of great Learning and Industry and had the value of a just and Impartial Magistrate The Imperialists and Swedes fought a bloudy Battaile at Nortington where the Swedes were overthrown 12000 of them slain and 6000 taken prisoners but hereupon insued a peace between them The Emperor being wisely the more Inclined to it after his being victorious in the Warre Spotteswood Archbishop of St. Andrews was made Chancellor of Scotland and though he was a wise and learned man and of good reputation and life yet it gave offence to many that he being a Clergy man should be Invested with that dignity which they affirmed not to have been done before since the Reformation At Abington complaint was made to the Mayor and to the Recorder of divers in the Town who were Nonconformists to the orders and ceremonies of the Church in divine Service as that some did not stand up at the Creed nor bow to the Altar nor at the name of Jesus nor receive the Sacrament kneeling at the High Altar and the like For which some that were related to the Ecclesiastical Court complained to them being Justices of the Peace for the Town and desir'd they would punish these Offenders the Recorder answered them that these offences were more properly punishable by the Ecclesiastical Judges in their Courts than by Justices of Peace and therefore he advised them to inform the Chancellor of the Diocesse or other Officers of that Jurisdiction concerning those Matters that proceedings might be had therein according to their Law but he thought it not fit for him to interpose in those matters the Complainers seemed much unsatisfied herewith but the Mayor being somewhat inclin'd to the opinions of the Non-conformists was not easily to be perswaded to punish them and Anno 1634 the Recorder himself was much for liberty of Conscience and favourable in that point so that allthough the other party urged much to have the Non-conformists punisht yet they put it off and would not doe it for which the Recorder was afterwards required to attend the Council Table to Answer some complaints made against him from Abington That he did comply with and countenance the Non-conformists there and refused to punish those who did not bow at the name of Jesus and to the Altar and refused to receive the Sacrament kneeling at the high Altar and the like offenders and that he was disaffected to the Church and the Ceremonies thereof enjoyn'd by Authority But the Recorder alledged in his own vindication why he did not punish those against whom the complaints were made That he knew no Common Law nor Statute in force for the punishment of them especially by Justices of the Peace and that the Complainers did not prefer any inditement against them and that the matters whereof the pretended offenders were accused were meerly as the accusers acknowledged Spiritual Matters proper for the Spiritual Judges as they were called And that he might have been censured to incroach upon the Jurisdiction and Rights of the Church if he should have taken Cognizance of them upon which the Council were satisfied and dismist him from further Attendance Anno 1635. Car. 11 By the help of the tax of Shipmoney a Navy was prepared of 40 good Ships of War and set out this Summer under the Earl of Lindsey Admiral and the Earl of Essex his Vice Admiral who had 20 Saile more for securing of the narrow Seas and of the trade of England The King resolves to prosecute his design with a Navy Royal to be set out yearly and therefore it was at Court concluded to lay the Charge of Shipmoney generally upon all Counties The Lord Keeper Coventry was ordered to direct the Judges to promote that business in their Circuits this Summer and to perswade the people to a ready obeying the writs and payments of Shipmoney for the next year In pursuance hereof his Lordship in his charge to the Judges in the Star Chamber at the end of Midsummer Term after sundry other particulars concluded as to this great business to this effect You my Lords the Judges are commanded in your charges at the Assizes and at all places opportunâ—ly to acquaint the people with