brought to the Parliament declaring his Affections for Peace and concluding that God had given him a late Victory and therefore he desires them to consider of his long rejected Message from Evesham which was for peace but not till this time brought to the Parliament The Parliament appointed a day to take this into consideration and ordered all Officers and Souldiers to repair to their Colours on pain to be proceeded against by the Commissioners for Martial Law Mr. Hoyle was put into Sir Peter Osborn's Office and Mr. Salway into Sir Thomas Fanshaw's place in the Exchequer and several Judges went into the Counties which were quiet to keep Assizes and to execute the Commissions of Oyer and Terminer Colonel Cromwell was sent with two thousand horse to meet Prince Rupert coming to relieve Bandury but Colonel Massey had before prevented the Prince's coming The Irish Rebels that landed in Scotland were beaten into the Mountains by the Earl of Argyle and L. Gourdon Upon debate of the King's Letter it was held not to be a sufficient acknowledgment of the Parliament and therefore laid by Yet the House went on to compleat the Propositions for Peace and a day was appointed for the bringing in the Names of such Delinquents as should be excepted from pardon Divers Ministers of London presented a Petition to the Parliament for dispatch of the Directory of Worship and settling of pure Discipline and Government according to the word of God and complained of the Schisms in the Church The Petitioners had thanks from the House and the Committee of Lords and Commons appointed to confer with the Assembly to endeavour to reconcile some Differences among them and to find out a way how tender Consciences may be born withall so far as may stand with the peace of the Kingdom and the word of God The Assembly named 23 Ministers to give Ordination who were passed The Commons considered of the Propositions for peace the L. Macquire and Macmahon who escaped out of the Tower were again apprehended by the Lieutenant of the Tower and Sir John Clotworthy and upon a Report from a Committee of Lawyers it was ordered That they should be tried by a Commission of Oyer and Terminer and not by Martial Law The French Agent lay at the same house where Macquire and Macmahon were taken and had a chief hand in their escape and opposed the Officers searching in that house for papers c. because he lodged there But a Committee of both Houses were appointed to search there and did so notwithstanding the Agent 's pretences A Committee of Lawyers was appointed to meet daily about the Tryal of the Archbishop till the same should be dispatcht The Parliament ordered all the Forces of the Earl of Manchester and of Sir William Waller to joyn together and advance into the West The Ordinance passed for the Militia in Worcestershire About eighty of the Leicester horse in convoy of some Carriers were set upon by 120 of Colonel Hastings his men but the 80 routed and dispersed the 120 killed 8 and took 60 of them prisoners and store of Arms. By Letters from Sir Thomas Middleton it was certified That he having taken Mountgomery Castle was forced to retreat upon the coming of the King's Forces thither who again besieged the Castle with five thousand men and Middleton being joyned with Brereton Sir John Meldrum and Sir William Fairfax in all about three thousand they marched to relieve the Castle and were fought with by the Enemy who came up gallantly a good while to push of Pike and worsted the Parliament Horse Which so encouraged the King's Forces that they shouted and cryed The Day is ours the Day is ours at which the Parliament Forces were so enraged that they came on again with a fresh Charge and wholly routed and put them to flight took prisoners Major General Broughton Colonel Sir Thomas Tilsley Lieutenant Colonel Bludwell Major Williams nine Captains many inferiour Officers and fifteen hundred common Souldiers Of the King's part were slain about three hundred and about five hundred wounded Of the Parliament part were slain Sir William Fairfax with eleven wounds and Major Fitz Symons and about forty common Souldiers and about sixty wounded the Lord Byron who commanded the King's Forces hardly escaped by the goodness of his horse Upon Letters from my Lord Roberts both Houses took care for Supplies for Plymouth and their other Western Garrisons The King came to Exeter and gave order to remove all superfluous persons forth of the Town and for the Country to bring in thither all their provisions About forty prisoners of quality were brought from Plymouth to London and committed to Lambeth-house After the Siege was raised before Plymouth and the King gone to Exeter yet the Cornish-men continued near the Town to stop provisions coming to them by Land but were driven away again Many of the prisoners taken at Mountgomery being willing to take the Covenant and to serve against the Rebels in Ireland the Parliament to avoid the inconvenience of many prisoners consented thereunto and gave order for their transportation The Commons came near to a conclusion of their Debate touching the Propositions for peace Orders were sent to the Earl of Manchester and Sir William Waller to advance together with all expedition to prevent the King's return back to Oxford and took care for Supplies for them and for the Lord General The Parliament sent thanks to Sir Thomas Middleton Sir William Brereton and Sir John Meldrum for their good service at Mountgomery and which was more acceptable took order for Supplies for them the Lord Cherbury and Sir John Price came in to the Parliament Massey fell upon a party of the King 's between Bristoll and Monmouth took their Commander in chief and ten others and a hundred and sixty common Souldiers two hundred Arms and two pieces of Ordnance The King's Forces besieged Barnstable which rendred to them upon conditions which they afterwards broke pillaged the Parliament's Souldiers plundred the Town executed the Major and imprisoned many of the Inhabitants Colonel Ludlow took eighty of the King's Commissioners of Array in Somersetshire and Captain Savile took twenty of Prince Rupert's men prisoners Sir Thomas Fairfax recovered of his Wound and Sir H. Cholmly offered to surrender Scarborough Castle to the Parliament but now upon the news of the King's Victory in the West he revictuals it again and is again wholly for the King whereupon the Lord Fairfax sent Sir William Constable with a strong party to besiege the Castle Colonel Ware revolted from the Lord General in the West to the King and another Colonel quitted his Post and the Matters of that nature were referred to a Committee to be examined A Day was set apart by the Commons for receiving private Petitions At Basing-house the Besiegers took an Outwork a Captain and twenty eight Souldiers who defended it At Banbury they made a Breach and some of the
own Countrey yet will not fight the English Army That in those parts where the Army marched was the greatest plenty of Corn that they ever saw and not one fallow Field and now extreamly trodden down and wasted and the Souldiers inforced to give the Wheat to their Horses That the Scots desired another conference with some Officers of the English Army to which the General consented but nothing came of it That the Scots Army drew out upon a March the English Army drew out to attend them but could not ingage them by reason of a Bogg and great ditch between the two Armies only they discharged their great Guns at one another by which 21 of the English were killed and wounded but more of the Scots who would not come into any other ground to ingage and the Army stood all night in Battalia and the next day went back to their Camp in Peâ—cland Hills That being informed the Scots had sent out a Party to take in Muscleborough and the Places for landing the Provisions that came to the Army by Sea Cromwel gave Orders for the Army to march which they did in a most tempestuous night and to fight for their Victuals but by reason of the Storm and darkness the General stayed their March till the next morning when they got quietly to Muscleborough but the Enemy got what they had left on Pencland Hills That the Parliament lost 6 men and 28 were wounded That whole Files of the Scots Army were taken away by the great Shot and from the Ships they played upon the Scots Army as they marched and did Execution 7 Letters from Cromwel to the Speaker and to the Councel of State of a great Victory against the Scots at Dunbarre the particulars were not then certifyed but left to the relation of the Messenger who was an eye witness of the Action Who made his narrative to this effect My Lord General having a long while stayed with the Army on the West side of Edenburgh and could no way Ingage the Enemy to fight on Saturday August 31st marched with the Army to Haddington and on Sunday to Dunbarre the Enemy hereupon drew out after us and marched within distance in the Rear The General on Sunday drew out the Army in the Field near Dunbarre and the Enemy Flankt us upon the Hills on the right hand where they lay all night we could not without great disadvantage go up the Hills to ingage them nor would they come down to ingage us Their whole Army consisted of 28 Regiments of Foot which altogether with their Horse and Dragoons as themselves said were 27000 ours about 12000. On Munday the Enemy drew down part of their Army and their Train towards the foot of the Hill ours stood in Battalia in the Field all the Day a great ditch was between both Armies of great disadvantage to those who should first attempt to pass it That night our Army marched as close to the ditch as possibly they could and had our Field Pieces placed in every Regiment We drew out before day that morning a Brigade of three Regiments of Horse and two Regiments of Foot towards a Pass that is upon the road way between Dunbar and Berwick by which we might with more ease pass over to their Army and there gave the Enemy a hot allarm The dispute lasted about an hour at last our men gained the ground and possessed the Pass Then the Enemies Horse being most Lanciers coming down the hill charged strongly ours receiving them as gallantly And the Foot of that Brigade coming up charged them so to purpose that they put them suddenly to the rout by this time it was between 5 and 6 in the morning Their Foot seeing the rout and the flying of their Horse threw down their Arms and run away their left wing of Horse also fled ours had the pursuit of them beyond Haddington We killed on the place and in the Pursuit above 4000 and 10000 Prisoners taken among them the L. Liberton Lt. G. Sir Ja. Lundsden Collonel Sir William Douglas the L. Grandison Sir Jo. Brown C. Gourdon 12 Lieutenant Collonels 6 Majors 37 Captains 75 Lieutenants 17 Cornets 2 Quartermasters 110 Ensigns 15 Serjeants 200 Horse and Foot Colours 32 Pieces of Ordnance small and great and leather Guns all their Arms Ammunition Tents Bag and Baggage We lost not 40 men in the whole Ingagement and not one Officer but M. Rookesby since dead of his Wounds C. Whaley had his Horse shot under him himself slightly wounded and Captain Lloyd wounded The Councel of State ordered the Narrative made by the L. G. his Messenger to be read in all Churches in London to morrow being the Lords day and Thanks to be returned for this great Victory 9 Letters that at the Battle of Dunbarre 15000 were killed and taken That the General sent home upon their Paroles 5000 of the Prisoners being wounded old men and boys the Men house-keepers forced out of their Houses to take Arms and 2100 of them dyed by the way the other 5000 were sent Prisoners to Berwick and so to Newcastle That the M. G. marched to Haddington and the G. stayed behind with two Regiments to order affairs at Dunbar and so was to march to Edenburgh or Leith from whence the Enemy had drawn all their Forces and marched to Sterling and St. Johns Town where the King was That G. Leuen hasâ—ed to Edenburgh and after Lt. G. Sir David Lesly who mustered his Horse to 1300. Letters from C. Blake and C. Pophan of Prince Ruperts endeavour to get out of the Harbour but would not fight with the Parliaments Ships but struck in again That they sent home 9 English Ships which they had stayed going to Brazill from Lisbon and six French Ships which they had taken That Captain Lawson with the Fairfax came up with twenty French Ships and took three of them 10 Letters from the General to the Parliament of the particulars of the Battle of Dunbar and an account of the whole march into Scotland and of all Passages with the Scots That the Scots Ministers pressed their Army to interpose between the English in the March and to fight them but the Officer's of their Army were against it and advised to make rather a Bridge of Gold for them to pass home But the Ministers carryed it to fight That they expressed great insolency and contempt of the English Army to divers of the Prisoners of the English whom they had taken as was reported afterwards to the Lord General The Parliament gave rewards to the Messengers of this good news Ordered that the Colours which were taken from Hamilton at the Battles of Preston and Dunbarre should be hanged up in Westminster-Hall and that Medals of Gold and Silver should be given to the Souldiery in remembrance of Gods Mercy and of their Valour and Victory Letters that Cromwel was possest of Leith and Edenburgh except the Castle That the King
Commission and take care for the visiting of the Charter-house Hospital near Kingston upon Hull 27. Letters That Lieutenant-Collonel Throckmorton met with Duncan who had 500 Foot and 400 Horse near Wexford who had taken all the Cattle and left not a Cow to give Milk That at the first Charge the Irish behaved themselves gallantly and put the English to some disorder yet the Irish did not pursue till the English had rallied and upon the Second Charge the English beat up the Irish to their Horse and so put them to the rout killed 200 of them and many Officers Prisoners and lost but 30 Men and 60 wounded 28. Letters That the Judges at Edenburgh met and heard a good Sermon and then sate in the Court of Justice and Mr. Smith one of them made a Speech to the Company of the occasion of their meeting and to take off some aspersions cast upon the Parliament by the Ministers as if they countenanced Heresies and Blasphemies Then they caused the Act of Parliament against Heresies to be read and concluded That he doubted not but they should give satisfaction to the People of Scotland in the due administration of Justice to them Then a List of the Fees of Officers was read and the Auditory seemed to be much contented Of Recruits shipped for Ireland and of some Vessels taken by Pyrates 29. Letters of the Arrival of Sir George Ascue and his Fleet at Plymouth from the Barbadoes with 36 Prizes 31. Of the Siege of Dunotter Castle in Scotland and the high Terms they astand upon That the High-Sheriffs appointed in Scotland went to execute their Offices Of differences among the Ministers in Scotland and the Lord Wareston and others consulting against the Assembly of the Kirk That the People questioned divers great Men before the new Judges for former injuries and oppressions That Collonel Dungan wrote a civil Letter to Lieutenant-Collonel Throckmorton That since he was Master of the Field by a fair Dispute he desired a civil usage of the Prisoners he had taken and a List of them and whether Ransomes would be taken for them June 1652. 1. Letters That the Holland Fleet was battered and made unfit for fight That the Plague was at Leverpoole The Parliament ordered a day of publick Humiliation and Fast through England and Wales and appointed a Committee to prepare a Declaration of the grounds of the Fast Order for preserving Books and Manuscripts at Winchester Report of a Paper from the Agent of the Queen of Sweden and another from the Ambassador of the King of Denmark read in the House and Answers to them agreed upon Votes That nothing in the Articles of Rendition of Limbrick shall extend to any Toleration of the Popish Religion 2. Debate in Parliament how some Retrenchment may be made of the charge of the Common-wealth with safety and how the Revenue of the State may be improved and a Committee was appointed to consider thereof Vote That all Annual Salaries to Officers for sale of Lands of Bishops and of Deans and Chapters be suspended till further order 4. Letters That the Hollanders took into their Ships many Pick-axes Spades Shovels and Barrows which caused a suspition of their intent to land That there was an Imbargo put upon the Dutch Ships in Scotland That the English Forces before Dunotter Gastle in Scotland playing with their Guns as it and having shot in about Twelve Granadoes which broke into their great Tower and killed Seven Men those in the Castle notwithstanding their high terms before yielded upon Conditions only to march out half a Mile with their Arms and then to lay them down That this was the last Garrison in Scotland unreduced That the Fleet under General Blake was much encreased in Ships and Men That he with his Officers and Sea-men kept several days of Humiliation in the Fleet Of another Ingagement between Captain Moulton with some Ships against some of the Dutch who were beaten by the English 5. Letters That Prince Rupert took an English Merchants Ship with 39 Guns and made her his Rear-Admiral and put in her French and Dutch Mariners and used the English Mariners very hardly who consulted among themselves and one of them a Carpenter took his advantage to single out the Captain and the rest took to single out an outlandish Mariner to each of them And thus they subdued and brought away the Vessel into Plymouth with the Captain and Officers of the Ships Prisoners The Parliament order a Reward to these Mariners and an Act to be brought in to encourage others upon the like occasion That Prince Rupert met with a Merchant from Guinny richly laden 7. Letters That great Riches were in Dunotter Castle the Sword Scepter and Crown but they could not be found Divers Highlanders submitted to the Parliament The Sails of the Dutch Ships were brought on shore at Leith A Petition to the Parliament from the Owners and Commoners in Lincoln-shire Fens for satisfaction for Injuries formerly done to them An Additional Act passed for sale of Fee-farm Rents 9. The Parliament kept a Solemn day of Humiliation 10. Order for the Reception of Meen heer Paw Ambassador Extraordinary from the States-General A Narrative was published of the late Engagement between the English Fleet and Van Trump The former publick Minister of the States presented a Paper to the Council of State Taking God the Searcher of Mans Heart to witness that the most unhappy Fight of the Ships of both Common-wealths did happen against the Knowledge and Will of the Lords States-General of the Vnited Netherlands and that with grief and astonishment they received the fatal News of that unhappy rash Action That they did consult and endeavour to find out what remedy chiefly may be applied to mitigate that raw and bloody Wound to which end they have written to gather a Solemn Meeting or Parliament of all the Provinces whereby they do not doubt but an help will be found out for those troubles and a better hope of our Treaty in hand which thing being now most earnestly agitated by our Lords for the common good of both Nations to shun that detestable shedding of Christian Blood so much desired and would be dearly bought by the Common Enemies of both Nations and of the Reformed Religion We again do crave this most Honourable Council and beseech you by the Pledges both of the Common Religion and Liberty mean while to suffer nothing to be done out of too much heat that afterwards may prove neither revocable nor repairable by too late idle Vows and Wishes but rather that you would let us receive a kind Answer without further delay upon our last request Signed J. Catz G. Schaep Vanderpeere To this the Parliament gave this Answer That calling to mind with what continued Demonstration of Friendship and sincere Affections from the very beginning of their intestine troubles they have proceeded towards their Neighbours of the Vnited Provinces they Do
places of Judicature 6. Delivery up of Ships to the French 7. Mis-imployment of Three Subsidies and Three Fifteens They Ordered That the Duke on whom these Misdemeanours chiefly reflected should have Notice of the Intention of the House of Commons suddainly to resume the Debate of these things There served in this Parliament in the House of Commons many persons of Extraordinary Parts and Abilities whose Names are in the List of those times Mr. Clement Coke in his Speech in the House of Commons concerning Grievances said That it were better to dye by an Enemy than to suffer at home The Lords ready to comply with the Kings desires appointed a Committee to consider of the Safety and Defence of the Kingdom and Safeguard of the Seas The Committee advised one Fleet to be presently set out against the King of Spain and another to Guard our Coasts and Merchants this was sent to the House of Commons but not well resented by them The King sent a smart Letter to the Speaker pressing for present Supplies and promising Redress of Grievances presented in a dutiful and mannerly way and this was further urged by Sir Richard Weston To Know without further delay of time What Supply they would give unto the King To this the Commons returned a general Answer promising a Supply The King Replyed As to the Clause of presenting Grievances that they should apply themselves to Redress Grievances not to Inquire after them And said I will not allow any of my Servants to be questioned among you much less such as are of Eminent Place and near unto me I see you especially aim at the Duke I wonder who hath so altered your Affections towards him Then he mentions the Honour that the last Parliament of his Father Expressed to the Duke and labours to Excuse him and concludes I would you would hasten for my Supply or else it will be worse for your selves for if any Evil happen I think I shall be the last that shall feel it This was suspected to be the Advice of the Popish Councellors to cause a Breach betwixt the King and his Parliament who thereupon mentioned the Duke as the chief Cause of all Publick Miscarriages and Dr. Turner a Physitian propounded his Quaeries to that purpose Upon the Opinions of Sir Thomas Wentworth Noy Selden and others the House Voted That Common Fame is a good Ground of Proceedings for that House The King sent a Message to the Commons by Sir Richard Weston That he took Notice of the Seditious Speech of Mr. Coke and of Dr. Turners Articles against the Duke of Bucks but indeed against the Honour and Government of the King and of his Father That he cannot suffer an inquiry on the meanest of his Servants much less against one so near him and wonders at the foolish impudence of any Man that can think he should be drawn to offer such a Sacrifice much unworthy the Greatness of a King and Master of such a Servant He desireth the Justice of the House against the Delinquents That he be not constrained to use his Regal Power and Authority to Right himself against these two Persons Dr. Turner Explained himself and said That to Accuse upon Common Fame was warranted by the Imperial Laws and by the Cannons of the Church That this House in the time of Henry the Sixth did upon Common Fame Accuse the Duke of Suffolk And that Sir Richard Weston himself did present the Common Vndertakers upon particular Fame The next Day Dr. Turner wrote a Letter to the Speaker to excuse his not attending the House by reason of Sickness and submitting to their Judgments but not acknowledging any fault Sr. John Elliot made a bold and sharp Speech against the Duke and present Grievances yet in the midst of those Agitations The Commons remembred the Kings Necessities and Voted to grant Three Subsidies and Three Fifteens Upon a Message from the King both Houses Attended him at Whitehall Where he gave the Lords thanks and showed the Commons their Errors and referred particulars to the Lord Keeper who in a plain speech assured the Commons That after the great Affairs setled and satisfaction to the Kings Demands he would hear and answer their just Grievances Tells them That his Majesty excepts to the not punishing of Coke and Turner he praiseth the Duke and his Merit from King and Parliament and declares the Kings Pleasure that they proceed no further in the inquiry touching the Duke And saith That the Supply Voted is not suitable to the Ingagements requires a further Supply and their Resolution thereof by a Day else they are not to Sit longer nor will the King expect a Supply this way Then the King spake again and mentioned Mr. Coke and said It was better for a King to be Invaded and almost Destroyed by a Forreign Power than to be despised by his own Subjects And bids them remember That the Calling Sitting and Dissolving of Parliaments was in his Power Being informed That the House of Commons ordered their Doors to be shut whilst they Debated hereof and that they misunderstood some passages in his Speech and in the Lord Keepers The King ordered the Duke at a Conference of both Houses to Explain it Which being done the duke gave them an Account of the business in Spain and indeavours to vindicate himself in that and all his Negotiations both at home and abroad since his being at Oxford and that he did nothing in single Councels excuseth his not going with the Fleet his Master commanding him into the Low-Countries to Treat with the King of Sweden of Denmark and the States Then the Lord Conway made a large Vindication of the Duke in the Publick Transactions The Lords Petitioned the King against the Precedency chalenged by the Scotch and Irish Nobles To which the King Answered That he would take order therein The Lord Conway wrote a Second Letter to the Earl of Bristol by the Kings Command to Know Whether he would choose to sit still without being questioned for any Errors in his Negotiation in Spain and injoy the benefit of the late Pardon or else would wave the Pardon and put himself upon a Legal Tryal Bristol in Answer would not wave the Pardon nor justifie himself against the King and so makes a doubtful Answer Then he Petitions the Lords for his right of Peerage to have a Writ to attend the House and that after two years restraint he may be brought to his Tryal in Parliament The Lords Pray the King That Bristol and other Lords whose Writs are stopped may have their Writs and they had them and the Duke showed the Lords a Letter from the King to Bristol charging him That when the King came first into Spain Bristol advised him to change his Religion and that he prejudiced the Business of the Palatinate Bristol by Petition to the Lords acquaints them That he had received his Writ to attend the Parliament but withal a Letter
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
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
called them Straffordians This being informed to the House by some who were named in that List as a high breach of the Priviledge of Parliament yet being the act of a Multitude no redress was endeavoured These Tumults were accompanied with an Information of some practice in the North to distract the English Army and to debauch them against the Parliament These Passages occasioned a Debate in the House of Commons about a National Protestation to maintain the Protestant Religion against Popery the King's Person the Power of Parliament and the Rights and Liberties of the Subject May 5. This Protestation was taken by the Commons House the next day by the Lords and ordered to be generally taken by all the People of England The House of Commons then took in debate the raising of Moneys to satisfie those great Accounts of the two Armies with which the Kingdom was so highly burthened wherein a Lancashire Knight offered to procure his Majesty 650000 l. till the Subsidies should be raised if he would pass a Bill Not to Prorogue Adjourn or Dissolve this Parliament without Consent of both Houses to indure till the Grievances were redressed and to give the Parliament Credit to take up Monies This was well liked by many Parliament-men who upon the passing of such a Bill would sit the surer and the longer in their Saddles and they were so hot upon it that the same Afternoon they made a Committee to bring in such a Bill the next Morning and Whitelocke was named to draw the Bill Of forty five Lords twenty six Voted the Earl guilty of high Treason upon the fifteenth Article For levying Money in Ireland by force in a warlike manner And upon the nineteenth Article For imposing an Oath upon the Subjects in Ireland The Bill for continuance of the Parliament was brought into the House the next Morning after it was propounded and the same day it was perfected and past the House of Commons This Bill and the Act of Attainder being both past by the Commons a Conference was had with the Lords after they had passed them and a Message sent by some Lords to the King to intreat his Answer who promised to satisfie them within two days The King being much perplexed upon the tendring of these two Bills to him between the Clamours of a discontented People and an unsatisfied Conscience he took advice as some reported of several of the Bishops and of others his intimate Counsellors what to doe in this intricate Affair and that the major part of them urged to him the Opinions of the Judges that this was Treason and the Bill legal They pressed likewise the Votes of the Parliament That he was but one man that no other Expedient could be found out to appease the inraged People and that the Consequences of a furious Multitude would be very terrible Upon all which they perswaded him to pass the Bills But the chief Motive was said to be a Letter of the Earl of Strafford then sent unto him wherein the gallant Earl takes notice of these things and what is best for his Majesty in these streights and to set his Conscience at liberty He doth most humbly beseech him for prevention of such mischief as may happen by his refusal to pass the Bill to remove him out of the way towards that blessed Agreement which God I trust shall for ever establish betwixt you and your Subjects Sir my Consent herein shall more acquit you to God than all the world can do besides To a willing man there is no Injury done By these Passages and by some private dealings the King was perswaded to sign a Commission to three Lords to pass these two Bills and that he should ever be brought to it was admired by most of his Subjects as well as by Foreigners After he had signed these Bills the King sent Secretary Carleton to the Earl to acquaint him with what was done and the Motives of it especially the Earl's Consent who seriously asked the Secretary whether his Majesty had passed the Bill or not as not believing without some astonishment that the King would have done it And being again assured that it was past he rose up from his Chair lift up his Eyes to Heaven laid his Hand on his Heart and said Put not your trust in Princes nor in the Sons of men for in them there is no Salvation Great Censures as in all great businesses were past upon the King 's passing of both these Bills That the one was against his most faithful Servant and the other against himself Certainly he had great remorse thereupon and the next day May 11. he sent a Letter by the Prince to the Lords written all with his own hand That they would confer with the House of Commons to spare the life of the Earl and that it would be a high Contentment to him Some did not stick to say that this was promised to him before he signed the Bill of Attainder and to bring him to it But now the Lords House did not think fit to consent to his Majestie 's desire therein May 12. The Earl was brought to the Scaffold on the Tower-hill as he passed by he looked up to the Window where the Archbishop lay who spake to him with comfort and courage He made on the Scaffold a most ingenious charitable and pious Speech and Prayers gave some Directions touching his Children and died with charity courage and general lamentation Thus fell this Noble Earl who for natural Parts and Abilities and for improvement of knowledge by experience in the greatest Affairs for wisdom faithfulness and gallantry of mind hath left few behind him that may be ranked equal with him The Design for the Earl's escape out of the Tower was related to be discovered by three women who peeping and hearkning to the discourse of the Earl with Captain Billingsley they at the Key-hole of the Earl's Gallery-door heard them confer about the falling down of the Ship to take in the Earl and Billingsley brought a Warrant from the King with two hundred men to be received into the Tower for the safety of it but Sir William Balfour the Lieutenant refused to admit them suspecting that they came to further the Earl's escape Balfour confessed that two thousand pounds were offered him to consent to the Earl's escape and the Earl himself did not deny a Design which he said was only for his remove to some other Castle But Balfour was true to the Interest of his Country-men the Covenanters and their friends in Parliament Divers great Officers of State resigned up their Places either accounting themselves insecure or to satisfie others May 17. The Lord Cottington gave up his Place of Master of the Wards which the Lord Say had conferred on him Bishop Juxon resigned his Office of Treasurer and five Commissioners were appointed to execute it for the time The Earl of Leicester was made Lieutenant of
mightily increased the Scots Successes animated other Subjects to their illegal Pretences and impious Actions and in this time of the King's absence in Scotland the Irish Flames of Rebellion brake forth having been thus kindled The last year the Parliament at Dublin sent a Committee hither with a Remonstrance to the King of their Grievances and Pressures under the Government of the Earl of Strafford whom they had accused of high Treason The King gave them most favourable Answers and Redresses and parted with much of his own to give contentment to his Irish Subjects Mr. Wainsford Deputy there to the Earl of Strafford Lieutenant being dead the King by Commission constituted the Lord Ditton and Sir William Parsons in the Government there but finding Ditton not well liked he made Sir William Parsons and Sir John Borlace generally approved to be the Lords Justices there These applyed themselves to give all satisfaction to the people they abated the Subsidies given in Strafford's time from 40000 l. to 12000 l. Passed an Act of Limitation much desired to settle all Estates for sixty years precedent and another for relinquishing the King's Right found for him by Inquisition to four Counties in Connaght and other Territories He declared the Earl of Leicester Lord Lieutenant of Ireland and the Papists there were permitted a private enjoyment of their Religion and a general good Agreement was had between the English and Irish In this Security the Irish Army was disbanded after which and in the King's absence in Scotland about October 23. there brake forth so horrid black and flagitious a Rebellion in Ireland as cannot be parallell'd in the Stories of any other Nation This was fomented and contrived by their Popish Priests and Lawyers some of their Maxims in Law were That any one being slain in Rebellion though found by Record gave the King no Forfeiture That though many thousands were in Arms and exercising the violences of War yet if they professed not to rise against the King it was no Rebellion That if one were Outlawed for Treason his Heir might reverse the Outlawry and be restored These and the like Tenets they published in their Parliaments and endeavoured a Suspension of Poyning's Act and the Act for annexing that Kingdom to the Crown of England and assumed a power of Judicature in Criminal and Capital Causes to be in their Parliament They took advantage of the Scots Sucesses of their Favourers in England and our Distractions here of the disbanding the Army there and the Death of the Earl of Strafford They raise Forces give out that the Queen was in the head of them and the King was coming with an Army to them and the Scots had made a League with them that they were authorised by the King's Commission and asserted his Cause against the Puritans of England To their Country-men they scatter Advertisements out of England of a Statute there lately made That all Irish shall come to the Protestant Worship on pain of loss of Goods for the first Offence of Lands for the second and of Life for the third Offence They give them hope to recover their Liberties and ancient Customs to shake off the English Yoke to have a King of their own Nation and to possess Goods and Estates of the English These Motives they published in Print That the King and Queen were curbed by the Puritans and their Prerogatives abolished which these as loyal Subjects take to heart and that the Catholick Religion is suppressed in England and the Catholicks there persecuted with all rigour even to death and that the Puritans in Ireland have threatned to doe the same there That in Ireland the Catholicks are made uncapable of any Office to the decay of them in their Estates Education and Learning That the Government of their Country is in the hand of Strangers who come thither poor and mean yet soon rise to wealth and honour by oppressing the Natives That there have been threatnings to send Forces to compel the Consciences of the Irish and to cut their Throats and that the Catholicks are not allowed to have any Arms or Ammunition but the Protestants and Puritans may Vpon all which they saw no way but to attempt to seize upon Arms where they could get them to save their Lives maintain the King and Queen their Religion and Country Upon these pretences and manifest untruths they ground their taking up of Arms. The first suspicion whereof was by Sir William Cole who about Octob. 11. wrote to the Lords Justices of great resort to Sir Phelim Oneale and to the Lord Macquierre and they were exceeding busie about dispatches About October 21. He wrote another Letter to them of what some Irish had revealed to him of a design to seize the Castle of Dublin to murther the Lords Justices and Councel and all the Protestants there and throughout the Kingdom But this Letter came not to their hands When many of the Conspirators were come to Dublin and met there at a Tavern one Owen O Conelly an Irish-man but a true Protestant came to Sir William Parsons about Nine a Clock at Night with a broken relation of a great Conspiracy to seize the Castle the next morning and that Mac Mahon who was one of them had told him so much Parsons seeing Conelly distempered with drink gave the less credit to his relation but wished him to return to Mac Mahon to get out of him what he could further of the Plot and to return to him again that Night Yet he did not so slight the Information but that secretly he ordered strong Guards in several places and assembled the Councel where they expected the return of Conelly who coming to them was seized on by the Guards who had carried him to Prison and so prevented the discovery of the Plot had not a Servant of Sir VVilliam Parsons accidentally come by and rescued Conelly and brought him somewhat recovered of his drinking unto the Lords Justices and Councel who confessed that a few days before upon Letters from Mac Mahon he went to meet him at Connaght but he being gone to Dublin Conelly followed him thither and they two went to the lodging of the Lord Macquierre that by the way Mac Mahon told O Conelly that this Night there would be a great number of Irish Noblemen Papists in Dublin who with himself would take the Castle by Morning then force the City by the Ordnance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an Hour designed viz. to Morrow by Ten a Clock and that no posting nor speed could prevent it That Conelly moved Mac Mahon to discover it rather to the State to prevent the mischief But he answered He could not help it yet that they owned their allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and
advised him to it are to be suspected as favourers of that bloudy Rebellion as likewise those who perswaded His Majesty to question or contradict their Votes which was a high breach of privilege of Parliament Mar. 16. At Stamford the King proclayms the putting in execution the Laws against Papists and so goes on to York and there Mar. 24. repeats his Grant for passing the Bill of Tonnage and Poundage and commands the payment of it for the future according to the Act. 1 Ja. The Earl of Northumberland Lord Admiral being indisposed the King appoints Sir John Pennington Vice Admiral to take the charge of the Fleet but the Parliament by a Paper inclosed in a Letter to the Lord Keeper Littleton Mar. 28. recommended the Earl of Warwick to the King for that service the first recommendation of theirs for the cheif Sea Commander but he was refused Anno 1642. Car. 18 April 5. The Assizes being at York the Gentry Ministers and Freeholders of that County by an humble and hearty address testify their loyalty to the King and sorrow for the distractions and pray His Majesty to be pleased to declare some expedients which may take away all misunderstandings betwixt him and his great Council The King gives them a gracious answer and wishes them to apply to the Parliament for the good of all The King sends a Message to the Parliament offering his own person to reduce Ireland and his intent to raise his Guards for that purpose desires them to quicken their levies and saith he hath prepared a Bill by his Attorney concerning the Militia for the good of all if received if refused he calls God and the world to judge between them To this they returned no answer Divers Members of Parliament subscribed several sums of money upon the Act of Parliament for reducing of Ireland The County of Bucks advanced 6000 l. towards this service and their money was repaid upon the Bill of 400000 l. to be raised for that service The Parliament apprehending the King's purpose to seise upon the great Magazine at Hull they desire it might be transported from thence to the Tower of London to supply the want of ammunition there from whence Ireland was supplyed and here it would be easier transported to Ireland To which the King returns a quick answer denying their Petition they shortly after send their reasons to the King against his going in person to Ireland and tell him they cannot consent to any levies but such as they shall advise and others they shall interpret to the terror of the people and suppress it and refuse to submit to any Commissioners in the King's absence but to govern by consent of Parliament This was looked upon by many as very strange and high and the King in answer to it says He looks upon them as his great Council with regard but yet upon himself as not deprived of his understanding nor divested of any Right he had before the Parliament did meet That he called them by his Writ and Authority to give him Counsel but did not resign his Interest and Freedome nor will subject himself to their determinations and holds himself free to dissent from them That the Menace rather than Advice in their Petition doth not stagger him The Lords Justices and Council of Ireland hearing of the King's Intention to come thither in person writ a Letter of thanks and incouragement to him to proceed in that his gracious intention but the Parliament being averse thereunto the King declined it The King demands Justice from the House of Lords against several Authors and preachers of Seditious doctrine that the King denying what the Parliament desired they might doe it without him and that humane Laws do not bind the Conscience with much of the like new opinions but nothing was done in it The Parliament had committed the charge of the Town and Magazine of Hull to Sir John Hotham one of their Members who was sent down thither the Parliament purposing to remove the Magazine to London the County of York had petitioned that it might still remain at Hull for securing the Northern parts especially the King residing there The King thought it the best way himself to seise upon the Magazine and taking a Guard of his Servants and some Neighbouring Gentry April 23. He went to Hull but contrary to his expectation he found the Gates shut and the Bridges drawn And from the Walls appeared Sir John Hotham denying entrance to the King which he said he could not admit without breach of his trust to the Parliament The King required him to shew his Order for this from the Parliament He then said that the King had too great a Train and would not admit him entrance though with but 20 horse which so moved the King that he caused Hotham to be there proclaymed Traitor and so returned to York Thence he sends to the Parliament to demand Justice against Hotham and sends to the Magistrates of Hull to admonish them not to adhere to Hotham but to testify their allegiance to their King by delivering the Magazine into his hands Again the King sends to the Parliament for exemplary Justice against Hotham and that immediately the Magazine be delivered up to him and till this be done he will intend no other business for to be in worse condition than the meanest Subject not to injoy his own it is time to examine how he lost them and to try all possible ways by help of God the Law and his good Subjects to recover them God so deal with us as we continue these resolutions To these Messages having no return Scouts are laid to intercept Letters between the House and Hull which they voted a high breach of their Privile e and to defend it with their lives and fortunes they justify Hotham and order that the Shcriffs and Justices of Peace suppresse all forces that shall be raised or gathered together against Hull or to disturbe the peace The King's Bill of the Militia was declined by the Parliament and a new one from themselves presented to the King which he refused and gave his reasons for it They put the power in the persons nominated by them excluding the King in ordering any thing together with them The King offered that in his absence in Ireland it should be so and that for a year but it was not liked Then they pass a Declaration touching Hotham and avow his action and set forth designs against Hull April 28. and send a Committee thither for the better securing of the Town Hotham is authorised by his Warrants to raise the trained Bands in Yorkshire to march with their armes into Hull where he disarmed them and turned them home again The King signifies to the Sheriff that this cannot be done legally and forbids any muster without his command and to suppress those that disobey with the posse Comitatus May 5. The Parliament require all
and all such as serve him there to be Traytors to the Laws of the Kingdom 11 R. 2. and 1 H. 4. After this they publish another Remonstrance of the King's Misactions and their own Privileges He answers it and they reply and May 28. they order That all Sheriffs Justices of the Peace c. within one hundred and fifty miles of York make stay of all Arms and Ammunition carrying to York and apprehend the Conveyers and that all Sheriffs do suppress all Forces coming together by the King's Commission and all persons to aid them and this to be published in all Market Towns and Churches The King forbids all Obedience to any Orders or Ordinance of Parliament for the Militia according to the Statute 7 E. 1. and requires all the people of Yorkshire to meet at a day and place which the Parliament declare to be against Law and forbid Obedience to it This was an unhappy condition for the poor people none knowing what to doe or whom to obey nor what would be the consequence of these thwartings between the great Powers and Authorities of King and Parliament Divers Members of both Houses withdrew to the King which caused an Order for all to attend at a day upon forfeiting of an hundred pounds to the Irish War They order that whosoever shall lend or bring Money into this Kingdom upon the King's Jewels shall be an Enemy to the State Ju. 2. The Parliament sent to the King Nineteen Propositions for Peace which are in Print the King rejected them as inconsistent with the Regall Rights he caresseth the people of Yorkshire Ju. 4. The Parliament order all Deputy Lieutenants to be present at all Musters and the Lieutenants of Counties to dispatch their Warrants Ju. 10. They make an Order for bringing in Money or Plate to maintain Horsemen and Arms for defence of the King and Parliament and for the publick Peace The King sends forth his Commissions of Array begins in Leicestershire these Commissions were declared by the Parliament to be against Law and the Actors in them to be Betrayers of the Subjects Liberty The Lord Keeper Littleton after his great adherence to the Parliament delivered the great Seal to Mr. Elliot whom the King sent to him for it and shortly after Littleton followed the Seal to the King but was not much respected by him or his Courtiers yet was he a man of Courage and of excellent Parts and Learning Many other of the Lords being with the King at York he declared to them That he would not exercise any illegal Authority but defend them and all others against the Votes of Parliament and not engage them in any War against the Parliament And they all in a solemn Protestation engaged to his Majesty to stand by him The King wrote to the Lord Mayor and Aldermen of London Not to raise any Forces for the Parliament and sets forth his large Declaration and invites men to bring in to him Money Horse and Arms on security of his Forests and Parks for the Principal and Eight per cent Interest He forbids Levies without his Consent upon the Statutes 7 E. 1. 2 E. 3. 11 R. 2. and the Earl of Shrewsbury's Case in H. 8. time and minds them of their Oath of Allegiance to be faithful to the King's Person as well as to his Authority and justifies his Commissions of Array To which the Parliament reply and he to them again All which rather exasperated the Differences And now came up the Names of Parties Royallists and Parliamentarians Cavaliers and Roundheads The King goes to Nottingham and summoneth and caresseth the Freeholders of the County and promiseth to act according to the Protestation at York the like he did at Lincoln And July 11. sends a Message to the Parliament Of his intentions to reduce Hull if it be not rendred to him which if they do he will admit of their further Propositions He complains of Hotham's actions for which he will punish him and of the Earl of Warwick's taking upon him the Command of the Fleet who had got in the Sea-men to him and put by Sir John Pennington and took a Ship of Ammunition coming to the King from Holland The Lord Willoughby of Parham being Lieutenant of Lincolnshire was there putting the Militia into a posture which being informed to the King he wrote to the Lord Willoughby to desist from that action and the Lord Willoughby returned an humble ingenious and weighty Answer to his Majesty to excuse his not performing at present what the King required of him which he said was not in his power to doe without breach of that trust which he had undertaken to the Parliament and to which he was encouraged by the opinion of some of his Majestie 's great Officers eminent in the knowledge of the Laws wherein he was not learned After this he proceeded in executing the Ordinance for the Militia and the King was not so severe against him as against others The Parliament now thought it high time to provide for their own Defence and to raise an Army for that purpose Upon the Debate whereof one of the Members declared his Opinion to this effect Mr. Speaker The Question which was last propounded about raising of Forces naming a General and Officers of an Army hath been very rare before this time in this Assembly and it seems to me to set us at the Pits-brink ready to plunge our selves into an Ocean of troubles and miseries and if it could be into more than a Civil War brings with it Give me leave Sir to consider this unhappy Subject in the beginning progress and issue of it Caesar tells us and he knew as much of Civil War as any man before him that it cannot be begun Sine malis artibus Surely Sir our Enemies of the Popish Church have left no evil Arts unessayed to bring us to our present posture and will yet leave none unattempted to make our Breaches wider well knowing that nothing will more advance their Empire than our Divisions Our Misery whom they account Hereticks is their Joy and our Distractions will be their glory and all evil Arts and ways to bring Calamities upon us they will esteem meritorious But Sir I look upon another beginning of our Civil War God blessed us with a long and flourishing Peace and we turned his Grace into wantonness and Peace would not satisfie us without Luxury nor our plenty without Debauchery Instead of sobriety and thankfulness for our Mercies we provoked the Giver of them by our sins and wickedness to punish us as we may fear by a Civil War to make us Executioners of Divine Vengeance upon our selves It is strange to note how we have insensibly slid into this beginning of a Civil War by one unexpected Accident after another as Waves of the Sea which have brought us thus far And we scarce know how but from Paper Combates by Declarations Remonstrances
divers of the Officers and Soldiers of the Parliaments Army particularly Sir James Ramsey a Scot who commanded a Regiment of Horse under Essex rode hastily this morning through Vxbridge and upon that rode towards London and reported That the Parliaments Army was broken and wholly discomfited and many of the Officers slain and taken Prisoners Other Scouts brought other Intelligence quite different from the former and much more welcom They had it from divers upon the Road who were galloping to London with the News That the Earl of Essex had totally routed the King's Army killed and taken many of them and gained a full Victory But the Parliament had a great Deliverance and a small Victory the particular passages were thus The King disdaining to be pursued by Essex turns back to meet him and Oct. 23. being Sunday both the Armies drew into the Field between Kineton and Edge-hill in Warwickshire The King had the top of the Hill from whence he viewed the Parliaments Army who saluted him with three pieces of Cannon which was answered with two shot of the Kings The Fight began about two a Clock in the Afternoon the Generals of both Armies performed their parts with great Courage and Gallantry leading on their Forces with Pikes in their hands but were advised to change that posture as fitter for a private Soldier than for a General The greatest Body of the King's Horse was in his Right Wing commanded by Prince Rupert who furiously charged the Left Wing of the Parliament commanded by Commissary General Ramsey whom he routed and pursued to Kineton down with great slaughter But the Left Wing of the King's Horse had not the same success but was broken and routed by the Right Wing of the Parliaments Horse commanded by Sir William Balfour Sir Philip Stapleton the Lord Fielding and Colonel Hurrey General Lindsey being far ingaged was taken Prisoner and died presently after of his Wounds with him was taken the Lord Willoughby of Ersby his Son Sir Edmund Verney the Standard-bearer was slain and the Standard taken and rescued again by Mr. John Smith who was Knighted for it and made Standard-bearer Both Armies Horse and Foot performed their parts with great Valour and Bravery night parted the Fight and both Armies retreat each counting themselves Victors On both sides were lost between 5000 and 6000 Men. On the King's side the General Lindsey and Sir Edmund Verney on the Parliaments part Colonel Thomas Essex and Lieutenant Colonel Ramsey and the Lord S. John taken Prisoner soon after died The King marched toward Aino Essex kept upon the place where the Battel was fought and the next day marched towards Coventry Some of his Friends were very much against his marching thither but rather advised him to pursue the King and to make a fresh attacque upon him there being come in to Essex after the Battel three fresh Regiments The Lord Willoughby of Parham his Regiment of Horse and the two Regiments of Foot of Hollis and Hampden gallant stout and fresh Regiments But Essex was disswaded from it by Colonel Dalbier and some others but the three fresh Colonels Stapleton and several others advised it and probably had he with these fresh Forces made a new assault upon the King 's disordered and tyred Army it might have gone far to have put an issue to the business Upon the News of this Battel all Countreys were alarmed and frighted being a strange thing in England From Aino Oct. 27. The King sends a Proclamation of Pardon to the Cities of London and Westminster excepting onely Fulke and Manwaring Banbury Town and Castle surrendred without Blows to the King two Foot Regiments and a Troup of Horse there of the Parliaments took up Arms for the King who now brought his whole Army to Oxford and thereby the Error of the Lord Say in not fortifying this place before when it was in his power for the Parliament was the more evident Prince Rupert takes in the Lord Say's House at Broughton and made excursions near London which caused the Parliament to order Essex to bring his Army near London for their safeguard which he did and was honourably received at Westminster Novemb. the 7 th and presented with a gratuity of 5000 l. and a Declaration of his valiant and acceptable Service in the bloody Battel of Edg-hill The Papists of Lancashire were allowed to bear Arms which in many Protestants wrought a Censure on the King for too much favouring and entertaining them in his Army The Parliament order That all Apprentices who will list themselves in their Army shall have their time of that Service for their Freedom which brought many of them into their Army they also invite the Scots to come in to their assistance which the King seeks to prevent but in vain Prince Rupert ranged abroad with great Parties who committed strange insolencies and violences upon the Countrey at Ailsbury he failed of his design by the care and stoutness of Colonel Bulstrode Governour there The King takes a resolution and not without grounds of reason to advance to London and all his Army marcheth to Reading Henley and those parts Prince Rupert's Brigade quartered at Henley and of them a Regiment of Horse at Fawley Court The King marched forward with his great Army towards London and the Parliament having voted an Address to him for Peace desired a safe conduct for the Earls of Northumberland and Pembroke and for Mr. Pierpoint the Lord Weenman Sir John Evelyn and Sir John Hippsley to present their Petition to his Majesty But he excepted against Sir John Evelyn because he had proclaimed him Traytor which so irritated the Houses that they voted it a refusal of a Treaty and acquainted the City therewith But afterwards the Petition was sent to the King at Colnebrook by the other Commissioners without Sir John Evelyn and was to desire him to appoint his residence in some place near London where the Commissioners of Parliament might attend him with propositions of a Peace and the King appointed his Castle of Windsor for that purpose and desired that the Treaty might be speeded The Commissioners of Parliament being newly departed from the King he was informed That Essex had drawn forth his Cannon and Forces out of London and was advised to take in Brainford whither he advanced the same Night There were quartered part of the Regiment of Colonel Hollis who were very stout men as appeared by the resistance which they made to the King's Forces and though many of them were slain and divers driven into the River and drowned being mightily overpowred with Numbers yet they defended themselves till the Lord Brook's and Hampden's Regiment came in to their relief and when Night came on they quitted the Town and the King possessed it This being known to the Parliament Nov. 13. they sent a Committee to the City to move them to send forth their Trained Bands the next day to joyn with Essex for
Treason against the four Judges and to consider of a way to vindicate the Lords and Members of the Commons so indicted Several more forces about 1500 landed from Ireland in Wales and Sir William Brereton wrote to the Parliament that some of them were of the Rebels and the Lord Byron is joined with them The like power was given to Sir William Brereton and Sir Thomas Middleton for sequestrations and levying of moneys in Wales as was given to the Earl of Manchester in the associate Counties Five hundred of the Prisoners taken by Sir William Waller at Alton took the Covenant and served under him The Parliament wrote to General Essex to advance with his Army to joyn with Waller Essex answered that he held it not convenient for their Service and a little discontent began to kindle betwixt him and the House of Commons and the Committee of Safety The Commons ordered that none should elect or be elected Common Council men or Officers in London but such as had taken the Covenant The Commissioners of the Great Seal sate in the Queens Court Decemb. 22. and sealed above 500 Writs so desirous were people to have the course of Justice to proceed Colonel Brown is made Major General of the City Forces appointed to go to Sir William Waller Essex sent 600 Horse to Waller and removed his Army from St. Albans to Windsor to be the more in readiness to assist Waller and divers Kentish Forces came in to him and he sate down before Arundel Castle Duke Hamilton proscribed in Scotland gets to Oxford and there is committed close Prisoner an unhappy or unsteady man and by this you see the uncertainty of Greatness and of Princes favours Sir John Meldrum and Sir William Savile took in the Fort at Barton and after that Gainsborough for the Parliament about 600 Prisoners some of them Officers of Quality store of Arms and Ammunition The Parliament sate on Christmas day 1643. The Earls of Bedford and of Clare came from Oxford back again to the Parliament A Letter was intercepted from Oxford to Sir Peter Killegrew which brought him into suspicion Colonel Hutchinson Governour of Nottingham Castle acquainted the Parliament with an offer of the Earl of New Castle to pay him 10000 l. and to make him a Lord and Governour of that Castle to him and his heirs if he would deliver it to him for the King which Hutchinson refused The Scots Army of about 12000 advanced near to Berwick and publish a Declaration as they march of the justness of their undertakings in assistance of the Parliament Major General Skippon took Grafton House and in it Sir John Digby with 20 Officers of note and Horse and 200 Foot Arms and Money Some differences fell out at Coventry between the Earl of Denbigh and Colonel Purefoy a Member of the House of Commons they were both sent for to London and reconciled Many of the Protestants in Ireland refuse to submit to the cessation and joyn with the Scots Forces The King of Denmark providing to send assistance to the King of England and sending for men to the King of Poland to infest the Swedes the Letters being intercepted the Swedes enter Denmark and take sundry places there Colonel Fiennes was sentenced by the Council of War to be beheaded for the surrender of Bristol The King issued a Proclamation for adjourning the Parliament to Oxford and all the Members who had deserted the Parliament or been disabled met at Oxford General Essex came to London from St. Albans and was not well pleased with some Members and proceedings of the House of Commons Jan. 1643. The Earl of Bedford lately come from Oxford to the General to St. Albans was sent to London and committed to the Black Rod. Prince Maurice his Forces before Plimouth received a blow from the Garrison and the Princes men falling sick of the Camp Disease whereof many died he raised the siege Colonel Boswell with 800 Horse from Coventry took by storm Sir Thomas Holt's House 80 Prisoners store of Goods Money and Plate General Essex sent a new Commission with further powers to Sir William Waller which pleased the House of Commons A Plot was confest of setting on work a Petition from the City to the King for peace and to invite his Majesty to London and the Plotters were committed to Prison Mr. Riley a Clerk belonging to the Records in the Tower was committed for intelligence with Oxford The King sent Proclamations to the several Sheriffs to adjourn the Parliament to Oxford and to summon the Members of that County to appear at Oxford 22. of this month whereupon the Commons order their House to be called the same day Another Proclamation from the King was to adjourn the next Term and all the Courts of Justice from London which the Proclamation calls the Rebellious City to Oxford but the Parliament forbad it Arundel Castle was surrendred to Sir William Waller to mercy there were taken in it Sir William Ford High Sheriff Sir Edward Bishop Colonel Banfield and divers Gentlemen of Sussex 50 Reformades 1200 Prisoners with their Arms Money and with Pillage The Parliament imparted to the City at a Common Hall the late discovered Plot to make a difference between the Parliament and City to divert the Scots advancing hither and to raise a general Combustion under the pretence of Peace Sir Bazil Brooke and Mr. Riley were chief agents in this Plot. The Lord Byron took in Beeston Castle in Cheshire for the King The Parliament ordered the Commissioners of the Great Seal to issue forth a Proclamation for holding the next Term at Westminster and all Judges and Officers to attend here under pein of sequestration and forfeiture of their Offices The Lords sent to the Commons to hasten the impeachment against the Queen A new Ordinance of Excise passed The Lord Goring's Letter to the Queen was intercepted by which he gives her an account of Supplies of Money and Arms coming from France to our King that Monsieur Harecourt was to treat with the Parliament as the King should direct him and that all but two or three Jewels of the Crown were now pawned for money Upon this Letter and other Informations the Commons impeached the Lord Goring of High Treason and ordered the Letters of the French Ministers of State to be brought to the Committee of Safety A Party of Horse under Colonel Ashton in Lancashire marching to joyn with Sir William Brereton were by the way surprized and routed by the Lord Byron Brereton upon this alarm fell upon the Rear of the Lord Byron's Forces and killed and took many of them Major Brookban was shot to death for deserting his Colours and revolting to the King The Parliament wrote to Monsieur de Harecourt at Oxford to acquaint him with their grounds of stopping the Pacquet from France and with the Lord Goring's Letter from thence One Lord and Sir H. Mildmay and Sir William
Strickland were sent to Gravesend to entertain and conduct the Dutch Embassadour to the Parliament The City invited both Houses of Parliament to Dinner in Merchant Taylor 's Hall on such a day as the Parliament would appoint and the rather at this time the General Essex and the Earl of Manchester being in Town that the City might express their thankfulness to the Parliament for their unwearied labours and care for the defence and peace of the City and whole Kingdom The Houses returned thanks to the City and ingaged to live and die with them in this Cause and this was the rather contrived now that the Plot to raise differences between the Parliament and City and to bring in the King might appear to be the more frivolous The Parliament ordered publick thanks to be given at this Meeting at a Sermon and the Sunday after in all Parishes for the discovery and prevention of the Plot of Sir Bazil Brook A Ship laden with Arms and Ammunition sent from Bristol to relieve the King's Forces at Chester was by the Mariners compelling their Master brought in to Leverpool to the Parliament The Archbishop Laud was brought to the House of Peers and the impeachment against him read and he required to answer who said he was an old man and weak and could not answer without Counsel and desired a further time to answer which was granted Both Houses dined with the City at Merchant-Taylor's Hall in the morning they met at Sermon in Christ Church from thence they went on foot to the Hall the Trained Bands making a Lane in the Streets as they passed by First went the Lord Mayor and Aldermen in their Scarlet Gowns and the Common Council then the Lord General Lord Admiral Earl of Manchester and other Lords attended with divers Colonels and military Officers After the Lords came the Members of the House of Commons and the Commissioners of Scotland then the Assembly of Divines and as they went through Cheapside on a Scaffold many Popish Pictures Crucifixes and Superstitious Relicks were burnt before them The Lord Howard of Escrick petitioned for reparation of his losses by the Cavaliers out of Delinquents Estates The 22. of January being the day appointed for the Anti-Parliament to meet at Oxford the Parliament at Westminster called the House and there appeared 280 of their Members besides 100 more in the service of the Parliament in the several Counties and now they expelled by vote 40 Members who had deserted the Parliament The Anti-Parliament met at Oxford but have not taken upon them the name and power of Parliament The first day of Hillary Term the Commissioners of the Seal and the Judges sate in the several Courts at Westminster Hall The Ordinance passed That if any should deliver Proclamation or other thing to any persons from Oxford or sealed with any other Great Seal than that attending the Parliament that they should be proceeded against as Spies according to Marshal Law Monsieur de Harecourt sent a Letter to both the Speakers but not intituling them Speakers of the Parliament but only Messieurs Grey de Werke and Lenthall upon which the Parliament refused to accept the Letters Colonel Mitton routed a Party of the King's Horse convoying Arms and Ammunition to the Besiegers of Nantwich Mitton fell upon them unexpectedly killed many took Sir Nicholas Byron Governour of Chester Sir Richard Willis one hundred inferiour Officers and Troopers one hundred and fifty Horse and Arms and all the Ammunition and Powder which they brought from Shrewsbury The Lord Lovelace wrote to Sir Henry Vane Junior to perswade a Treaty of Peace and to raise divisions among the Parliaments party The House authorised Sir Henry Mr. St. John and Mr. Brown to keep a Correspondence with the Lord Lovelace to sift what they could out of him and his Lordship was too weak for these Gentlemen Three hundred Native Irish Rebels landed at Weymouth under the Lord Inchiquin to serve his Majesty Divers Papists Servants about the King's Children were removed Ogle for the King wrote to Mr. Thomas Goodwyn and Mr. Nye of the Independent Judgment to make great promises to them if they would oppose the Presbyterian Government intended by the Scots to be imposed on England and much to that purpose These two being persons of great Judgment and Parts acquainted their Friends herewith and were authorised to continue a Correspondence with Ogle who gained no ground upon them No more could Ogle upon the Governour of Ailesbury nor upon Mr. Davenish the one was sollicited to betray Ailesbury and the other Windsor with mountainous promises from Ogle on the King's part but all were refused The Scots Army now entred England were eighteen hundred foot and thirty five hundred of horse and Dragoons The Recorder and Citizens of London presented a Petition to the Commons for dispatch of the business of the Accounts of the Kingdom and for recruiting and reforming the Armies This gave a stroke of jealousie and discontent to Essex and his friends and the more because the House so well entertained it The Commons ordered Worcester-house to be furnished for the Scots Commissioners who desired some Members of both Houses might be appointed as a joynt Councel with them A Trumpet came from Oxford with Letters to the General and a Parchment-Roll signed by the Prince the Duke of York Duke of Cumberland Prince Rupert about fourty Lords and one hundred Knights and Gentlemen sometime Members of the House of Commons and now met by the King's Proclamation at the Assembly at Oxford to debate of the State and Peace of the Kingdom and to prevent effusion of more blood And therefore they desire the General to treat with his Friends and those by whom he is imployed not naming the Parliament to appoint a time and place to treat of Propositions of Peace The General acquainted the Parliament herewith who would not own nor receive the Letters having no Directions to them but left it to the General to return an Answer An Ordinance past to recruit the Lord General 's Army to 7500 Foot and 3000 Horse and Dragoons and they to have constant pay only eleven Officers to have but half pay The Forces of Sir Thomas Fairfax and Sir William Brereton joyning together marched to relieve Nantwich The King's Forces before the Town drew out to fight them and gallant Actions were performed on both sides the event of the Battel was long doubtful till unexpectedly the King's Forces gave ground and were pursued by the Parliaments till they were totally routed and dispersed There were taken Prisoners Major General Gibson Earnley Sir Richard Fleetwood Sir Francis Boteler an Irish Rebel Colonel Monk who afterwards served the Parliament and this was his first turn Colonel Gibs Harmon Sir Ralph Downes fourteen Captains twenty Lieutenants twenty six Ensigns two Cornets two Quarter-masters forty Drums forty one Serjeants sixty three Corporals and
from him and to the inhabitants of Surrey for satisfaction of their charges for supply of Sir William Waller A thousand Countrey men came in to Colonel Massey who represented the condition of his Garrison to the Parliament who ordered supplies for him and the Earl of Manchester was ordered with 4000 Horse and 5000 Foot to attend the motion of Prince Rupert The Lord Fairfax his Forces joyned with the Scots and care was taken to supply the Earl of Manchester Sir William Waller sent out a party which fell upon a Convoy of the Enemies for supply of Basing House and took of them divers Officers 40 Souldiers 1000 Sheep and fat cattle and money Sir John Gell routed 2 Troups of Colonel Goring's Regiment of Horse and dispersed the rest The Earl of Warwick took 8 ships bound for Bristol York was close besieged by the Scots and the Lord Fairfax his Forces The Dutch Embassadour and the Parliament courted each other but nothing came to effect between them The King's Forces whereof many were Irish burnt Bemister Cerne and Shaftsbury in Dorsetshire The Commons ordered that no private business should be heard in the House before the Armies were upon their march The Propositions for Peace were brought into the House and Read and Debated and the Debate adjourned The Marquess Huntley in Scotland made some commotion on behalf of the King but the Earl of Argile quieted him The Anti-Parliament at Oxford had written Letters to the Estates of Scotland dehorting them from giving any assistance to those at Westminster who were in arms against the King and these Letters set forth the unlawfulness and injustice of such undertakings and actions The Estates of Scotland sent up this Letter to the Parliament with a Copy of their answer to it which was to this effect That their expedition into England was not intended till all other means were first assayed and disappointed they deny not the Parliaments invitation of them and they declare that their pitty to see England bleed and their sense of the danger of their own Religion and Laws were the chief cause of their taking up Armes That they held not the invitation of the Parliament any ways invalid because they at Oxford are wanting or others are gone beyond the Seas having either wilfully deserted the Parliament or been expelled for Delinquency or why those that stay in Parliament are not a sufficient number without those at Oxford they do not apprehend with much of the like matter which was well accepted by the Parliament May 1644. An Ordinance for the supply of the Earl of Manchester's forces stuck with the Lords An Ordinance was published to prevent the adjournment of the Term or any the Courts of Justice from Westminster and all Judges and Officers were commanded to attend their places here Some 30 firelocks of the Garrison of Northampton being surprized by the Enemy and carried Prisoners to Banbury the Northampton forces marched forth entered Banbury fetched off all their Prisoners and took about 30 of them Sir Thomas Fairfax and Major General Lesley closely pursued the Earl of Newcastle's horse Southward The Archbishop of Canterbury came again to his tryal the evidence against him was mannaged by Mr. Nicholas Captain Swanley took in the town of Caernarvon with 400 Prisoners Arms Ammunition and much Pillage Plymouth sallyed out upon the besiegers took 40 Prisoners Horse Arms Ammunition The Speaker and some Members of the House were sent to the Dutch Ambassadours to complement and take leave of them The Commons sent to acquaint the City that they were preparing Propositions for Peace and desired to know from them what concerned their particular for which the City returned their humble thanks Particular Letters were ordered to be written from the Houses to the Scots General and to the Lord Fairfax and his son in acknowledgment of their good services The Lord General wrote to the Houses to appoint a Committee to reside with the Army and to supply the Army Mr. Rolles a Member of the House had satisfaction voted to be given him for his losses in opposing the King's taking of Tunnage and Poundage when it was not granted by Parliament At the taking of Caermarthen by Captain Swanly many Irish Rebels were thrown into the Sea The Earl of Manchester took the City of Lincoln by storm and in it Sir Francis Fane the Governor three Colonels many inferiour Officers 800 Common Souldiers 1000 Armes 8 pieces of Ordnance all their Armes Ammunition and pillage given to the Souldiers and 80 of them were slain A new Ordinance passed for abolishing all Popish Reliques fixed to Tombes or other places and all Organs Images c. The Earl of Holland desired licence to accompany the Lord General in the present expedition which the Lords granted but the Commons denyed which upon my knowledge distasted the General Sir Philip Stapleton and Hollis were two of the most secret Counsellors and Friends the General had they often advised with him about his affairs for his good and the advantage of the Parliament but he was not well fixed Newcastle's horse coming to relieve Lincolne were beaten back by Manchester's The siege of York was continued and the Scots and the Lord Fairfax's forces drawn very near to the wals The Lord Say Mr. of the Wards and the Officers of that Court sate Mr. Charles Fleetwood was made Receiver General and Mr. Miles Corbet Clerk of the Wards Captain Fox with one Troop of Horse went to Bewdely the enemies Garrison and in the night under pretence of being one of the Princes Troops passed the Guards to the main Guard where he killed the Sentinels seized the Guard and took Sir Thomas Littleton and divers persons of Quality prisoners The Londoners presented a Petition to the Lords desiring their free and mutual concurrence with the Commons in the great affairs now in agitation which was not well taken by the Lords A party of the King's horse came to Henly requiring the inhabitants to carry in all their Provisions for men and horse to Oxford else the Town should be burnt and faln upon by the Souldiers but Captain Buller being quartered not far from thence and hearing of it came unexpectedly and fell upon the enemy and rescued the Town Colonel Massey with his own forces and some of the Regiments of the Lord Stamford Colonel Devereux and Colonel Purefoy took Westbury by assault divers Officers and 60 Souldiers the same night he marched to little Deane and meeting with a party of the Enemy under Captain Congrave and Wigmore he slew them and 7 or 8 more and took divers prisoners Then he stormed Newnam a strong fort who shot at his Trumpet sent to summon them and that so inraged Massey's men that they entered the Town and slew about 40 took divers Officers and 130 common Souldiers and store of Arms. A new Ordinance for settling the Committee of both Kingdomes was sent up to the Lords who denyed to
Maurice General Ruthen and the Lord Digby for the Parliament were Colonel Berkley Colonel Wichcotes and Colonel Butler who agreed upon Articles Sept. 2. to this effect To deliver up to the King all their Artillery with all their bag and baggage no person under a Corporal to wear any kind of weapon all Officers above to wear onely sword and pistols there were delivered up 40 pieces of brass Ordnance 200 barrels of Powder Match and Bullet proportionable 9000 Arms for horse and foot Some of the private Soldiers listed themselves in the King's service and some of the rest as they marched forth being pillaged by the King's Soldiers Skippon rode up to the King who stood to see them pass by and told him it was against his honour and justice that his articles should not be performed that his Soldiers did pillage some of the Parliaments Soldiers contrary to the Articles and desired his Majesty to give order to restraine them The King thereupon gave a more strict command for the punctual observation of the Articles and Skippon with his men marched to Poole We may take notice by this chiefly and by several other passages of the uncertain issues of War and of the overruling hand of providence in Martial affairs as much if not more than in other matters It was but a few weeks before that Essex and Waller with two great Armies were in pursuit of the King who could scarce find a way to avoid them and the Parliaments power and expectation was far above that of the King Now the dye of War is turned another way the Parliaments Army is defeated disarmed and dispersed and the King becomes Victorious This did much affright some of the Parliament party and caused several discourses among them Divers who were no friends to Essex inveighed against him as one that had quitted his Command and deserted his Army in the greatest danger others excused and commended him for this action by which means onely he could reserve himself his Officers and Souldiers to doe the Parliament further service Others condemned Waller Manchester and Middleton for not hastning more to the assistance of the General every one vented his own fancy and censure but doubtless he was a person of as much integrity courage and honour as any in his age he was brought into this noose by the wilfulness of others and though his enemies took advantage against him upon it yet many thought others to be more in fault than the General Letters from Scotland informed the Parliament that the Marquess of Argyle had taken 500 of the Rebels which came over with the Earl of Antrim to disturb the peace of that Kingdome The General having thoughts to come up to the Parliament to give them a particular account of this unhappy action and to excuse himself to the Parliament they wrote to him that they continue fully satisfied that he was not wanting to use his utmost endeavours in that service and were well assured of his fidelity desiring him to entertain no thoughts of discontent or discouragement but to go on in the managing of the VVar Sir Will. Waller and other forces being ready to joyn with him The Commons took order for supplies of Cloaths and Arms for his Souldiers and for the Earl of Manchester's marching towards him and appointed a day of publick Humiliation The Sickness being at St. James's the Parliament ordered the removal of the King's Children from thence to Whitehall Colonel William Strowde wrote to the House that 300 men of the adjacent parts were come to him to serve the Parliament and that he had sent from Wareham 1000 Arms to the Lord General A Committee of both Houses were sent to give entertainment to the Chancellour of Scotland who was newly come to Town The Lord Roberts was made Governour of Plymouth By Letters from Sir Thomas Middleton the House was informed that Lieutenant Colonel Tyll being sent by him took Sir Thomas Gardiner the Recorder's Son with his Officers and forty of his Troupers Prisoners and the rest fled that he also took two Colours and four wayneload of Powder and Ammunition Lieutenant General Lesley fell upon the Forces of Sir Philip Musgrave and Colonel Fletcher in Westmorland killed divers on the place took above 100 Prisoners two foot Colours a Standard and scattered the rest The King marched out of Cornwal and sent a summons to Plymouth to be rendered to him but they returned a positive answer in the negative Prince Rupter marched towards the King but with a small force About 1500 of the King's foot out of several Garrisons mounted for Dragoons by night marched towards Basing-house Colonel Norton and Colonel Morley took the Alarm Norton charged them and brake through them but they with great courage wheeled about and charged Norton's whole body who retreated unto Colonel Morley's Quarters In the mean time they got some supplies of Ammunition and Provisions into the House Norton and Morley faced them but they would not fight but retreated back again and were pursued and 150 of them killed and taken one Major with other inferiour Officers Norton had a slight hurt in the hand and lost but one man but the house was relieved This party of the King 's gave an Alarm to Brown at Abington who shortly after gave an Alarm to them at Oxford and brought away 40 of their fat Cattel Salt and other provisions Sir Rich. Greenvile attempted thrice by Storm to enter Plymouth but was repulsed Middleton routed Prince Rupert in his passage towards the King with seven hundred horse took divers of his Officers and about ninety common Souldiers prisoners Brereton routed the Earl of Derby coming to relieve Leverpoole and killed and took five hundred of them and put the rest to flight An Ordinance passed the Commons for Ordination of Ministers and was sent to the Assembly for them to add Ministers Names who should give Ordination A difference was between the Lord Grey and the Association of Leicestershire The King sent a Summons to Plymouth That God having given him Victory over the Rebels he desired to reduce his people by Acts of Grace and promised especial favour to Plymouth if they would render the Town to him and that they should have no Garrison A Letter was likewise sent at the same time from the Lord Digby to the Lord Roberts Inviting him upon high Ingagements of Preferment and Honour from the King to surrender the Town up to him But they prevailed neither with the Governour nor with the Townsmen but they all prepared for defence and the Enemy endeavouring the same day to storm the West-end of the Town were repulsed with great loss in which action the Seamen did gallant service The King 's whole Army besieged the Town but they having four thousand foot and eight hundred horse did not much fear their Besiegers but the Lord Roberts wrote for some supplies which were ordered for them A Letter from the King was
from Skipton fell upon Colonel Maleverer's quarters at Rippon and took about twenty of his horse The Court Marshal condemned three men one Captain Syppins for endeavouring to betray Gernsey one Francis Pits who was imployed by Sir Richard Leveson to betray Russell-hall in Staffordshire and William James a Foot-souldier for running away from his Colours The Tryal of Macquire and Macmahon was altered and ordered to be in the King's Bench and Mr. Rolles with the others before named appointed to be Council against them Sir Edward Hungerford and Sir Nevill Poole were sent down into Wiltshire for the service of that County Sir Henry Mildmay got an Order for his Salary as Master of the Jewel-house to the King Colonel Hammond who killed Major Grey at Gloucester for giving him the Lye was referred to be tryed by the Council of War in the Lord General 's Army Some of the King's Plate was ordered to be sold or pawned for 3000 l. for Abington and Reading forces and that the Plate amongst the Regalia which had Crucifixes or superstitious Pictures should be disposed of for the Publick Service A Letter of Thanks ordred to Colonel Ceely Governour of Lyme All Governours of Forts and Garrisons were prohibited coming to London unless sent by the General or sent for by the Parliament or Committee of both Kingdoms Sir Thomas Middleton took in Redcastle in Wales with the Lord Powys three Captains divers inferiour Officers forty horse two hundred Arms and store of pillage Upon the Case of Colonel Warren it was ordered That no Officer who formerly received Pay from the State and was afterwards taken by the Parliaments Forces in Arms against them should be exchanged for other Prisoners Prince Rupert removed Sir Francis Hawley from being Governour of Bristoll and turned out the Governour of Berkley Castle and put an Irish Rebel in his place The Commons were very busie in providing Monies and other Supplies for their Forces in England and Ireland The Archbishop was brought to the Lord's house and his Council heard to the matter of Law The Swedish General Tortoison beat Gallas the Emperour's General took all his Cannon and Baggage killed many of his Foot and routed all the rest and pursued his Horse to Willingborough A great fire in Oxford burnt up near a fourth part of the City from one end of it to the other The City Brigade marched forth under the command of Sir James Harrington The Lord Herbert Son to the Earl of Worcester with fifteen hundred men came against a Garrison of the Parliaments between Gloucester and Monmouth and Colonel Massey coming to relieve them routed the Lord Herbert's forces killed fifty and took sixty prisoners and good prize A Letter of Thanks was written to Massey for all his good-Services Upon Major General Skippon's desire the Captain was reprieved who endeavoured to have betrayed Gernsey Doctor Bastwick's Wife had an Allowance ordered for her and her Husband's maintenance Colonel Harley Sir Robert Harley's Son was made Governour of Monmouth Relief was ordered to the well-affected Inhabitants of Jersey An Ordinance passed for the preservation of Hyde-Park and the Timber and Pales from spoil A party from Plymouth took in Saltashe Those before Basing-house sent for more supplies of men The Lords at a Conference gave their Reasons why they thought not fit to agree to the Ordinance for selling the King's Plate but the Commons adhered to their former Vote and ordered 3000 l. out of the Earl of Thanet's Fine for supply of the Forces of Berks and Oxon. The Commons agreed upon all the Propositions for Peace to be sent to the King and took the City Propositions in debate to be sent with the other The Forces of Sir Tho. Fairfax and Colonel Rosseter blocked up Crowland Colonel Birch had an allowance for his reparation of losses from the Parliament Sir Alexander Denton was ordered to be exchanged for Sir John Norcot a Member of Parliament and Judge Mallet was exchanged Many Orders were made touching foreign Ships staid here and to do right in those cases The Commons debated the sending forth of new Writs to choose new Members in the places of those who were dead or expelled the House Duncannon a considerable Fort in Ireland yielded to the Parliament and most of the Officers and Souldiers there took the Covenant Many Orders for Money and Supplies for the Forces and for all the Forces of the Parliament to joyn together to hinder the King's march to Oxford An Order for encouragement of the Officers and Workmen in the Mint Sir William Waller and the Earl of Manchester joyned together and both of them wrote That the King marched as if he intended to fight and they desired some Supplies which were sent to them The Parliament appointed a Day of Humiliation and Prayer to God for a blessing upon their Forces now likely to engage in battel A price was set upon Coals and a Woodmonger ordered to be Indicted for ingrossing of Coals and the Admiral ordered to compel some Coal-ships at Harwich to come into the River Thames Sir John Holland had leave to stay in Holland for six Months Three thousand of the King's Forces besieged Taunton and the Governour Colonel Blake sent out a party who fell upon the Besiegers killed and took many of them whereof some Commanders Sir Hugh Cholmley set out some Vessels which took some Coal-ships coming for London and the Parliament ordered some Ships of War to lie on that Coast Some ships coming in the Parliament gave order for the present payment of the Mariners The propositions for peace were agreed upon by the Commons A party of the King 's coming to Beachly upon Severn to fortifie there Colonel Massey fell upon them slew seventy of them on the place took about a hundred and seventy prisoners two pieces of Cannon and two hundred Arms with the loss of but ten men Colonel Charles Fleetwood took two Troups of the King's horse near Belvoir Castle Doctor Bastwick was exchanged for Colonel Huddleston Jeffreys the Queens Dwarf in a Duel on horse-back in France killed Mr. Crofts Colonel Temple was sent into Sussex to raise Forces for the Parliament in case the King should bend that way The King's Army marched to Andover where some skirmishes were betwixt them and Sir William Waller's Forces and about twenty killed on both sides Colonel Kerne had the thanks of the House for his good Service and was sent down to his Charge in the Isle of Wight By Letters from the Lord Wareston and Mr. Crew Commissioners in the Parliaments Army was certified That all the three Armies were joyned near to Basing and that the King's Forces were at Whit-church within five miles of them That the General had sent to Reading and other places to pull up their Bridges to prevent the King's march to Oxford And that the Council of War had resolved to give battel to the Enemy The Parliament took care for provisions to be sent to
And having the same interest with the Senate and present at their Debates they understood their business the better and were less apt to break that trust which so nearly concerned their private interests which was involved with the Publick and the better they understood their business the better service might be expected from them Sir I humbly submit the Application to your Judgment your Ancestors did the same they thought the Members of Parliament fittest to be imployed in the greatest Offices I hope you will be of the same judgment and not at this time to pass this Ordinance and thereby to discourage your faithful Servants The Debate held till it was late at Night and then upon the Question as some called it Envy and self-ends prevailing the Ordinance passed the House of Commons and was voted to be sent up to the Lords for their concurrence An Ordinance past for observation of the Fast-day especially on the next Wednesday being Christ-mas-day The Petition of the Lord Carbury was referred to a Committee for his Relief The Parliaments Answer to the King's Message being delivered to the Duke of Richmond and Earl of Southampton they said They had some further matters from the King to impart to the two Houses and desired to be heard of them but the Committee answered That they had not power to receive any new Message Then the Duke of Lenox demanded whether they might not deliver it to the Speakers of both Houses the Committee said That they could not give advice therein But this being reported to the Houses they ordered the Committee to receive from those Lords what they had to offer further from the King Mr. Pierpoint carried up to the Lords the Self-denying Ordinance The two Lords from the King delivered in a Paper to the Committee declaring The willingness of his Majesty that no time should be lost in bringing on the Treaty and to desire that Commissioners might be then nominated to which was returned That they had already the answer of both Houses and of the Scots Commissioners which the Parliament desired might be presented to his Majesty at Oxford The Lord Digby treated about ten weeks together by Messengers and Letters with Major General Brown to betray Abington making offers to him of great Preferment and Reward The Major General wrote to a Friend about it and desired his advice in it who counselled him to entertain the Treaty to shew a compliance with Digby and to give fair hopes of effecting what he desired and in the mean time to get the Works about the Town finished This was agreeable to the opinion of the Major Gener. and he had begun the Treaty with the Lord Digby and carried it along with great hopes to the Lord to have the Town surrendred and that his Wit and Eloquence had prevailed with the Woodmonger as he styled him Brown gave an account of all the Letters and Passages from time to time between them and he was encouraged to carry on the Design even to the appointment of a day for payment of money to him and for his rendition of the Town to Digby and even to the permission of part of the King's Forces to enter the Town and then to fall upon them But Brown thought it not good to proceed so far but after so much time spent in Treaty and expectation Digby required the Town to be rendred by a positive day but Brown having well finished his Works gave his Lordship a positive denial which much enraged him The Reasons of the dissenting Brethren to the Directory of the Church-government by Presbyters with the Answers to those Reasons were presented to the House and a day appointed for the debate of them An Ordinance past for Sir Thomas Allen's composition for Delinquency Knasborough was surrendred to the Parliament upon conditions and there was taken four pieces of Ordnance store of Arms Money and 1500 l. worth of Plate Letters from the Committee of Kent informed That the King had lately sent three Commissions into Kent one for the betraying of Dover-Castle another for Chattam and some Ships and the third to Array men in the West of Kent All which were discovered and the execution of them prevented one of the Commissions was dated when the Committee were at Oxford with Propositions for Peace Captain Redman with a Party from Northampton set upon a party of the King's Forces going to Banbury took Prisoners the L. St. Paul a French-man Sir John Fenwicke two of the Stricklands fifteen others thirty Horse and Arms and a Sumpter with rich Clothes Colonel Thorney with a party from Nottingham took in a Garrison of the King 's near Newarke and in it the Master of the house Sir Roger Cooper and his Brother and fifty others prisoners with their Arms. Decemb. 23. Sir Alexander Carew by Sentence of the Court-Marshal was beheaded The Commons voted to refer the consideration of the manner of the Treaty upon the Propositions for Peace to the Committee of both Kingdoms but the Lords were for a new Committee for it The Court-Marshal pronounced Sentence of death against Captain Hotham The Lords having voted the Archbishop Guilty of the Matters charged against him for matter of Fact desired satisfaction from the Commons in point of Law that those Matters were Treason The Commons ordered the removal of their Forces from the Counties near London near to the Enemy to streighten them and to be in readiness to attend their motions Letters from Sir Anthony Ashley Cooper informed of the Relief of Taunton Town and Castle held out to admiration by Colonel Blake notwithstanding his great want of Ammunition and Provisions and that the Works there were inconsiderable Colonel Edward Windham sent a threatning Summons to Blake to render the Town and Castle upon pain of fire and sword and perswaded the doing of it because of the indefencibleness of the place and to prevent the effusion of more Christian blood Blake returned this Answer These are to let you know that as we neither fear your menaces nor accept your proffers so we wish you for time to come to desist from all Overtures of the like nature unto us who are resolved to the last drop of our blood to maintain the quarrel we have undertaken and doubt not but the same God who hath hither to protected us will ere long bless us with an Issue answerable to the justness of our Cause howsoever to him alone shall we stand or fall Not long after this a strong party of the Parliaments Forces brake through the Besiegers and supplyed the Town with store of Provisions and what they wanted The Commons made an Order for the better payment of the 10000 l. per annum formerly granted to the Lord General out of Delinquents Estates in consideration of his great losses by the Enemy and his ever to be remembred good Services This was put on now by some to sweeten him upon the transmitting of the Self-denying
Ordinance The Commons voted to hear no private business for ten days Mr. Roger Lestrange was tryed for a Spy before the Court-Marshal coming from the King's quarters without Drum Trumpet or Pass to betray Lynne Garrison Sir Thomas Middleton and Colonel Mitton took in a Garrison of the King 's near Mountgomery and in it Colonel Ballard the Governour Llayd the high Sheriff divers Officers two Foot Colours sixty common Souldiers with store of Arms and Pillage The Assembly of Divines presented to the House some further Additions to the Directory for Worship Much time was spent to settle the payment of the Northern Armies and to enable the Scots to march Southwards The Commons concluded their Debate upon the Directory for Worship A Letter was agreed to be written to the Parliament of Scotland from both Houses here to express the great ingagement of this Kingdom to them for their brotherly assistance The Lords upon the Petition of Sir John Hotham and his Son thought fit to pardon the Father and desired the Concurrence of the Commons therein but upon the Question it was carried in the Negative not to be taken by them into consideration The Court-Marshal gave judgment upon Mr. Lestrange The Commons passed an Ordinance for continuing the Court-Marshal for three Months longer and another for disfranchizing some Aldermen of York The Commons ordered the Commissioners of the Great Seal to issue out the Sheriffs Patents to the Messengers of the Seal The Lords debated the Self-denying Ordinance They concurred with the Commons to refer the business of the Treaty upon the Propositions for Peace to the Committee of both Kingdoms Major General Brown marched out with a Party towards Oxford and was near taking the Fort Royall there but his Design was discovered and prevented yet he brought away forty men and horse with him Several Orders were made for Money for the Scots and other Armies and for supply of the Forces in Ireland Divers of Bucks petitioned against the Outrages of the Parliaments Forces in that County Colonel Bulstrode was made Governour of Henley and Phillis Court but he was shortly after called away to his Regiment and Colonel Charles Doyley made Governour there But he and the Souldiers falling out they had like to have killed him and he would stay there no longer and Colonel Piuter Temple succeeded him Sir John Hotham was going to his Execution and much company expecting it on Tower-hill when a Messenger came with a Reprieve from the Lords But the Commons sent to the Lieutenant of the Tower to know the reason of deferring the Execution when they did not consent to any Reprieve for him The Lord Fairfax his forces took in Pomfret Town and close blocked up the Castle and other Castles thereabouts Colonel Bright fell upon a party of the King 's under Sir William Cobbes took divers Officers and Souldiers and good Horses from them A party of the Newark forces in the night time surprized some of the Parliaments forces and took near two Troups of them The Leicester forces drove the forces of Hastings out of Ashby-Town into the Tower and took divers Prisoners and Arms. Prince Maurice laid down his Commission for the West and the Lord Hopton was made General there and laboured to get a new Army January 1644. The Directory for Worship was finished by the Commons and sent up to the Lords by Mr. Rouse Upon the Debate touching the Reprieve of Sir Jo. Hotham by the Lords the Commons voted that no Officer made by Ordinance of both Houses should stay the execution of Justice by any order of either House without the concurrence of both Houses They likewise ordered that the Lieutenant of the Tower do proceed to the Execution of Sir John Hotham according to the Sentence of the Court Marshal Captain Hotham his Son sent a Petition to the Lords and another to the Commons praying his Pardon but it was denied and the same day his Head was cut off Mr. L'Estrange petitioned the Lords that his Case might be heard before the Parliament which was consented to by both Houses Letters were ordered to be written by the Speaker to Sussex Surrey and Hampshire for raising of Dragoons formerly undertaken One hundred and fifty horse from Oxford possessed themselves of Beselsley Mr. Speaker's House near Abington intending to fortifie it but Major General Brown sent out a party under Colonel Boswel to whom upon his summons they rendered the House on conditions to march away onely one who had formerly broke Prison at Abington was denied that favour Sergeant Wilde Mr. Brown and Mr. Nicholas offered Reasons and Arguments to the Lords that the Matters proved against the Archbishop were Treason An Answer was ordered to be given to the Papers of the Scots Commissioners to be sent by them to the Parliament of Scotland A Committee of both Houses was named to receive from the Sweedish Agent some matters which he said he had further to impart to them from the Queen Sir John Hotham in the Morning before his Execution procured a motion in the House of Commons for his Pardon which took up a Debate and Sir John being brought to the Scaffold on Tower-hill expected the good news of his Pardon and the time was protracted till two a Clock in the Afternoon but the Commons would not grant his desire He spake shortly to the people and Mr. Peters prayed with him and spake to the people in his Name and told them that Sir John ' s Father said to him when he was going forth to be a Souldier Son when the Crown of England lies at stake you will have fighting enough He was somewhat fearfull of death and his head was cut off The Committee of both Kingdoms reported their opinion to the Lords That the place for the Treaty of Peace should be Uxbridge and the Commissioners to be four Lords and eight Commoners and four Scots Commissioners to which the Lords agreed and sent to the Commons for their concurrence Both Houses agreed to send Commissioners to the Parliament and Assembly in Scotland The Queen of Sweden's Letter to the Parliament was read and contained a Narrative of the King of Denmark's hard usage of the Crown of Sweden and the great affection that Queen bears to England The Directory of Worship was fully agreed upon by both Houses and ordered to be printed and two of the Assembly to take care thereof and that a course shall be taken for publishing and settling of it to be generally used The Commons ordered that the Assembly of Divines should write a Congratulatory Letter to the Assembly in Scotland and to acquaint them what they had done and that the Parliament here had agreed in those Matters The Lords agreed to the Ordinance for Attainder of the Archbishop of High Treason and to be hanged drawn and quarter'd for it The Commons agreed that the place for the Treaty should be Vxbridge the Commissioners for
gratifying the Lord General and the Earls of Manchester and Denbigh for their faithfull Services and hazarding their lives and fortunes for the publick Some of Essex his Friends were against his laying down of his Commission but others told him that mischiefs and contests might arise if he kept it whereof himself was sensible and as he had great stoutness of spirit so he had great goodness of nature and love to the publick which perswaded him to lay down his Commission And here ended the first scene of our Tragick Civil Wars in the Exit of this brave person Essex who being set aside and many gallant men his Officers with him the King's party looked upon the new Army and new Officers with much contempt and the new Model was by them in scorn called the New Noddle An Ordinance ordered to be drawn to discharge from Wardships such Heirs whose Ancestours died in the Parliaments Service Ordered that the former Officers of the Army who are not now employed shall have their Arrears audited and signed and moneys allowed for their present maintenance The wants of Members of the House referred to be considered A Letter from Captain Legge that the Mayor Aldermen and others of York may have the benefit of the Propositions upon the surrender of York to which the Lord General was desired to write an Answer The Custome of the Parish of Tuitnam being that on Easter day two great Cakes should be broken in the Church and given to the young people was ordered to be forborn and instead thereof Bread to be given to the poor 3000 l. for Major General Langhern again ordered to be paid Debate again about the persons to be admitted to the Sacrament 500 l. ordered for the Assembly of whom many had their Livings sequestred by the King The Governour of Hereford promised the Club-men redress of their grievances and they went home shortly after the Governour having additional Forces sent out and plundered and killed divers of those Countreymen 3. Upon a Petition of the Mayor and Common Council of York an Ordinance was brought in for augmentation of the Ministers means in Yorkshire and the Northern Counties out of the Bishopricks of York Durham and the Deans and Chapters lands there A Declaration reciting P. Rupert's putting to death many Prisoners taken from the Parliaments Forces because they had served before in Ireland That if the like were done hereafter so many of his men taken Prisoners by the Parliament should answer the lives of the other The Committee of Accounts presented some accounts to the House and informed that their Sub-Committees in Rutlandshire and other Counties were discouraged by the County Committees which was referred to be examined and the Committee of Accounts had thanks given them An Ordinance passed for 1000 l. for Sir John Meldrum and for other monies Sir Thomas Fairfax went to Windsor where he appointed the general Rendezvous of his Army and caused Proclamation to be made in London that all his Officers and Souldiers should repair thither The Ordinance past both Houses for discharge of their Members from all Offices Military and Civil Waller's party was 8000 and Goring fell upon his quarters who forced him to retreat and pursued him 4. Mr. Gerrard readmitted into the House of Commons Huntingtonshire petitioned for a new Election of a Knight of the Shire in the place of Sir Sidney Mountague and a day was appointed for this and all other of the like nature Order about buying Horses for the Army whereby the State was couzened 2000 l. for the mutinous Horse that returned to obedience The Scots Commissioners desired to write into Scotland for the speedy advance of the Scots Army Southwards Orders for Money Mortarpieces and Fireworks for Abington and for Money for the Lancashire Forces 5. A Pass from both Houses for two Sons of the Lord Grey of Warke to travel beyond Seas The pay of 12 d. per diem more than ordinary allowed to 100 Troupers under Captain Knight who offered to find themselves Horses and Arms and to serve under Sir Tho. Fairfax Order for Captain Cannon to deliver the States Arms in his custody and if he refuse the Committee may imprison him Ordinance to put Hampshire into a posture of defence A party under Major Smithson fell on the King's Forces at Ridmore in Yorkshire killed four and took Captain Bainbrigge and forty seven Prisoners 7. Letters from Sir Thomas Fairfax gave an account of his Army drawn together at Windsor and desires that Colonel Fleetwood's Regiment in Lincolnshire may be ordered to come to him and care taken of those parts this was referred to the Committee of both Kingdoms a Letter of thanks and encouragement was returned to Sir Tho. Fairfax At Reading five Regiments of the Earl of Essex his Army and five Companies of the Lord Roberts were drawn out into the Field and Major General Skippon in the head of each Regiment told them That it was the pleasure of the Parliament for the good of the Kingdom to have all their Armies reduced into one and that all ought to submit thereunto That such Officers who were left out should have a fortnights pay in hand and security for all their Arrears and the Parliament acknowledged their good service done and would be ready to shew them favour hereafter but at present had no occasion to employ them as formerly That such as were now taken on the service under that gallant person Sir Thomas Fairfax should be taken care of for all accommodations and that he as he had done would still adventure his life with them to the last drop of his blood All gave general Acclamations That they would live and die with Fairfax and Skippon and serve the Parliament and they were listed into several Regiments Many expected a great Mutiny upon this regulating of the old Army but it came off better than was expected and much therein was attributed to the prudence and gallantry of the Major General to whom the Commons sent a Letter of Thanks for this and his other good services Order for exchange of Sir John Harcourt a Member of the House for the Lord Brereton a Prisoner ofwar 2000 l. Ordinance for the discontented Horsesouldiers passed Another for associating the four Northern Counties with Yorkshire Debate touching some Officers of the Chancery and of the King's Revenue Captain Blundel with a party from Abington seised six Butts of good Canary carrying to Oxford and brought them to Abington After that within half a mile from Oxford he took several Horse-loads of Linnen-cloth and a Cart loaden with Sugar and Spicery-ware going to Oxford and brought them all to Abington A great affection was between the Horse and Foot of that Garrison that they would run out to assist one another The prizes of victuals grew dear at Oxford that the King intended to goe from thence Colonel Washburn with a party from Abington beat up the quarters of
from the Hollanders by the Parliaments ships of War c. which was referred to the Committee for foreign affairs Order about constituting of a Conful in Flanders for the affairs of this Kingdom Sheriffs sent for who had not undertaken cheif Offices 1000 l. allowed to Sir T. F. for intelligence and 500 l. extraordinary for his Artillery and allowahces for Waggoners and for the Commissioners in his Army Order for auditing the arrears of some Scots Officers left out of the new Model and some present supply for their subsistence Ordinance sent up to the Lords for the Commissioners of the Navy 3. Debate of the business of the Church The Commons would not concur with the Lords in releasing Sir John Hinderson out of prison but ordered a Letter to be written to the King of Denmark to acquaint him with the cause of his detention in prison Order for leave for a Member to goe into the Countrey Ordinance sent to the Lords for the pay of the Derbyshire forces Order for money for Mr. Frost Secretary to the Committee of both Kingdoms Ordinance sent to the Lords to prohibit importation of any Whale Oyl but what is fished for in Greenland by English men Sir Thomas Fairfax advanced from Reading to Salisbury and left with L. G. Cromwel 4000 Horse and Foot to streighten Oxford 5. Debate about admission to the Sacrament Care for money for Waggoners and for Souldiers Widows Information being given that P. Rupert and Goring with 7000 Horse and Foot were come to Burford and P. Maurice with 200 more to joyn with them to get the King and his Artillery out of Oxford where Provisions grew scarce and that divers of the King's Forces were withdrawn from Taunton The Parliament ordered that Sir Thomas Fairfax should send Col. Graves or some other with 3000 foot and 1500 horse to relieve Taunton and himself and Skippon to return with the rest of his forces to joyn with Cromwell and Brown to attend the motions of the King Care taken of Cambridgeshire and the Eastern association in case the King's forces should break in there Sir John Meldrum's men attempted to storm Scarborough but were repulsed with the loss of 20 men The Lords concurred to the Ordinance concerning Whale-oyl Some of the Leicester and Nottingham forces marching to regain Trent Bridge the King's forces in it fled away at night carrying with them what they could and set fire on the rest 6. The Commons ordered an Allowance of 8000 l. per an for the Prince Elector 2000 l. per an of it out of the King's Revenue and the rest out of the Estates of the L. Cottington and of Sir Nicholas Crispe A Preamble to the Proceedings in the Church Affairs to be sent into Scotland was presented by the Assembly to the Commons and assented unto and ordered that all the Proceedings of the Parliament and Assembly in the business of the Church should be drawn up and sent into Scotland The Earl of Carlisle took the Oath appointed for those that come out of the King's Quarters 7. One of the King's Captains came to the Committee of Cambridgeshire and took an Oath and protested to live and die with them Then he conspired to betray the Isle of Ely to the King but it was discovered and prevented The House took care for security of that place and for forces to be sent thither in case the King's forces should break into that Association A Declaration of the Transactions with the States Ambassadours voted Commissary Copley being under confinement upon an Accusation against him when he was an Officer to the Earl of Essex was upon his Petition bailed The House ordered the Declaration touching the Treaty at Vxbridge to be expedited They desired the Assembly of Divines to expedite the rest of the business of the Church 8. The Declaration of the Transactions with the States Ambassadour past and sent to the Lords Order that the Company of Merchants Adventurers do send the Covenant to all of their Company at home and abroad and return the Names of such as shall refuse to take it The Lord Mayor and Aldermen desired to call a Common-council That the Necessities of the Army for want of the Assessment may be communicated to them and to desire the Monies may be imbursed speedily At a Conference the Lords gave their Reasons against passing the Ordinance for the Admiralty Propositions from the Scots now upon their march Southwards were referred to a Committee and were for securing the Northern parts in their absence and for Money and Provisions Power given to Sir Thomas Fairfax to receive all Trumpeters and other Messengers from the Enemy for exchange of Prisoners or other Matters touching his Army and to discharge them upon all Addresses and to acquaint the Houses with all their Messages 9. An Ordinance against such who are called Spirits and use to steal away and take up children and bereave their Parents of them and convey them away And they ordered another Ordinance to be brought in to make this Offence Felony The Town of Newport Paganell desired that Colonel Cockeram in the place of Sir Samuel Luke might be their Governour but upon the question it passed in the Negative The Town of Plymouth petitioned that the Lord Roberts might be continued Governour there It was laid aside as contrary to the Self-denying Ordinance and ordered that a Committee of sive principal Townsmen and Gentlemen their Neighbours should have the Government there and Colonel Kerre to have command of the Forces of the Town Care was taken to answer the Scots Propositions according to their desires Order for Col. Rosseter to have the command of all the Forces in Lincolnshire Lieutenant Colonel Brown of Boston and Captain Culmore to have Col. Purefoy's Regiment Letters from Abington informed that the King with Prince Rupert and Maurice with one part of their Forces marched out of Oxford towards Cambden his Infantry went with Goring and about four and thirty Field-pieces and Carriages towards Worcester that Cromwell and Brown followed them Ordinance sent up to the Lords for punishing Souldiers that run from their Colours 10. Order for the Lord Fairfax and Committee in the North to order the War in that Association and the Committee to do it for 40 days after the Commission of the Lord Fairfax expires Orders for the pay of Troups Letters from Cromwell and Brown inform of the King 's going from Oxford Orders thereupon to the Committee of the Army for sending Money and Ammunition to them Both Houses ordered that L. G. Cromwell should be dispensed with for his personal attendance in the House and continue his Service and Command in the Army for 40 days longer notwithstanding the Self-denying Ordinance This was much spoken against by Essex his party as a breach of that Ordinance and a discovery of the Intentions to continue who they pleased and to remove the others from Commands notwithstanding their
30 wounded in all That they slew about 10 of the Enemy and took Prisoners Colonel Robert Legge about 50 other Officers and about 500 Common Souldiers with store of Arms and Ammunition The Declaration of the Transactions with the States Ambassadours was published wherein the Parliament set forth the abusive and ill carriage of the States Ambassadours Borelli and Rainsborough both made Knights and Barons by the King and that they shewed themselves rather parties for the King than Mediatours between him and his Parliament They demand justice against those Ambassadors and declare their own condition not to be yet so low but that they can resent if not return both Courtesies and Injuries They acknowledge the Christian and neighbourly Zeal of the States to the peace of this Nation and desire to know wherein they may be useful to them their honoure Neighbours and Predecessours in the like Sufferings 29. Order to Audite the Accounts of the Officers of the train of Artilery of Sir William Waller Cromwel drew off to the Isle of Ely Sir Tho. Fairfax blocked up Bostal-house and made a bridge with two Forts near Kidlington they came towards Leicester A party of Colonel Norton's Forces went towards Langford-house and placed an Ambuscado undiscovered by the Enemy who came forth to fall upon them they retreated to their Ambuscado the Enemy followed them and were all surprised There were taken Colonel Griffith the Governour divers Officers 63 Prisoners and their Arms and 10 killed 30. A Letter from the Committee of Gloucester of the danger of that place and County by the removal of Colonel Massey answer'd by the Commons that they would take care of that City and of the County Prisoners from Guernesey referred to a Committee and to examine that business Ordinance sent up to the Lords to enable the Committee of Plymouth to execute Martial Law there The Kentish Regiment continued and pay for them there Major General Browne came to London to hasten the Provisions for the siege before Oxford 31. The business of the Church debated and Ordinances touching the Excise and for money for the Forces in the West Letters written to the Sub-commissioners of Excise and to the Officers in the several Counties to give incouragement and assistance for the levying the Excise money Order of both Houses for their Committee touching Forts and Castles to be reduced in the Quorum to 2 Lords and 4 Commoners Letters Informed that the King was set down before Leicester June 1645. 2. On consideration of the King 's being at Leicester and the danger to the associated Counties thereby the House Ordered that the Committee of both Kingdomes should consider of such disposal of the Armies under Sir Thomas Fairfax as may be most advantageous for the publick and that the blocking up of Oxford be left to Major General Browne Browne being at the door of the House at that time was sent for in and had the thanks of the House for his good service and was desired to continue his care and constancy therein and to return to his charge Ordinances past for moneys for the West and other Forces Colonel Rainsborough with his Regiment of foot and three Troups of Colonel Sheffield's horse took in Gaunt-house 10 miles from Oxford and therein the Governour with all his Soldiers Arms Ammunition and Provisions The King's Forces having made their batteries stormed Leicester those within made stout resistance but some of them betrayed one of the Gates the women of the Town labour'd in making up the breaches and in great danger The King's Forces having entred the Town had a hot incounter in the Market place and many of them were slain by shot out of the Windows That they gave no quarter but hanged some of the Committee and cut others in pieces Some Letters said that the kennels ran down with bloud That Colonel Gray the Governour and Captain Hacker were wounded and taken Prisoners and very many of the Garrison put to the Sword and the Town miserably plunder'd The King entred the Town on Sunday June I st and sent part of his forces into Derbyshire 3. Order for Colonel Massey to advance into the West and the City and County of Gloucester to be governed by a Committee as the Parliament shall direct Ordinance for money for the siege of Oxford and two Regiments to go out of London to Major General Brown to that siege An Ordinance for money for the Isle of Ely The Papists and others in Northumberland plotted to surprize Sir John Fenwick the High Shiriff and the Militia there but were discovered and suppressed Sir John Meldrum dyed of his wounds received in the siege of Scarborough Castle Both parties in the West had often Skirmishes A party sallyed out of Oxford and took and killed about 80 of the Parliament's Forces the next day a party of the Parliaments took 12 of the Garrison and brought away 50 Cows from under their Walls Letters intercepted by Colonel Massey mention the King 's concluding a peace with the Irish-Rebels 4. Order of both Houses for 200 l. for L. G. Middleton and a pass for him to goe to his charge in the Scots Army 2000 l. of the Arrears due to the Earl of Essex charged on the Excise An Ordinance past for reimbursing money lent by the Commissioners of Excise for reducing Oxford Lieutenant General Cromwel got together 3000 horse in the associated Counties The City of London petitioned that recruits may be had for Sir Thomas Fairfax his Army and a Committee sent thither that the Army or part of it may be ordered to march towards the Enemy in the field and to regaine Leicester and to prevent the surprisal of other places and the Scots pressed to advance Southwards that Cromwel may command the association and care taken of the Navy and that the proceedings of the late Treaty may be published The House called in the Petitioners and gave them thanks for their care and good affections At a Conference the Lords acquainted the Commons with an Information concerning the taking of Leicester which was referred to a Committee to be examined 5. Orders for recruits of the Kentish Regiment and Colonel Fleetwood's Regiment An Ordinance considered for the sale of Delinquents Estates Another sent to the Lords to give power of Martial Law to the Committee of Kent The King continued at Leicester and began to fortify there and then marched forth to meet Sir T. F. who was drawn off from Oxford to advance towards the King 6. Massey wrote for recruits and some Members of the House were appointed to answer his Letters that they were sent to him and that he should never want the incouragement of Parliament and prayed him to go on in the business of the West with his wonted valour and prudence Upon the danger of Newport Paganel the King drawing that way and upon the Petition of the Town Sir Sam. Luke was continued Governour there
Governour and Garrison the which was voted by the Commons and Letters sent to the Officers of the English and Scottish Armies to assure the same to those of Carlisle who had held out very long and courageously for the King Another order for the E. of Northumberland to have the care of the King's Children and 3000 l. per annum allowed him for them The Letters taken in the King's Cabinet at Naseby read in the House and some of them referred to a Committee to be decyphered Mr. Brown a Gun-founder and his Son committed upon matters in some of the Letters 24. The Letters taken in the King's Cabinet were more of them read in the House and in some of them was mention of His Majestie 's intention to make a Peace with the Irish Rebels and to have 40000 of them over into England to prosecute the War here In other Letters to the Queen the King complains That he could not prevail with his Mungrel Parliament at Oxford to vote that the Parliament at Westminster were not a lawfull Parliament that he will not make a Peace with the Rebels the Parliament without her approbation nor goe one jot from the Paper she sent him That upon the Treaty at Uxbridge he did not positively own the Parliament it being otherwise to be construed though they were so simple as not to find it out and that it was recorded in the notes of the King's Council that he did not acknowledge them a Parliament Ordinance sent to the Lords for putting the County of Surrey into a posture of Defence and for pay for the forces there 100 l. given to the Messenger that brought up the Colours from Naseby fight Ordinance sent to the Lords for money for Portsmouth Garrison Order for the business of the Church to be taken into Debate every Wednesday and Friday An Ordinance past for re-imbursing money for Pembrokeshire Sir T. F. prosecuted the King's forces towards Hereford and left Colonel Needham Governour of Leicester Colonel Morgan blocked up Sandal Castle and M. G. Poynes went to Pomfret to order the battery there Colonel Rosseter came back from pursuing the King's forces charged and routed a party of the Newarkers rescued 20 Constables and Tithingmen taken by them and took 50 horse and many prisoners of them 25. The Monthly Fast kept divers Officers Prisoners committed to London-house 26. An Ordinance sent to the Lords about taking the Accounts of the Kingdom and orders for disposal of the Prisoners some to serve the Parliament in Ireland and others as the Parliament shall direct Letters written to Sir T. F. to prosecute his intentions against the Enemy and the Ordinance continued to impower him to press Souldiers for three months longer and another for Recruits for his Army Another Ordinance past impowering the Committees in the several Counties where any Souldiers were pressed and afterwards did desert the service to proceed against them according to Marshal Law Another for money for the late Officers of the Earl of Essex and of Sir William Waller Massey advanced to Lyme in order to relieve Taunton the King was at Hereford and Sir T. F. at Gloucester The Scots Army ordered to march from Nottingham to Worcester Colonel Hunt went from Shrewsbury before Cause Castle which surrendred to him The King's Garrison there marching away with their Colours and Swords and left in the Castle 500 Arms and store of Ammunition M. G. Brown took a Troup of Colonel Royden's horse and a foot Company of Oxford The Commons ordered all the Ensigns and Cornets taken at Naseby or formerly and which hereafter be taken from the Enemy should be brought into the Herald's Office and be there Registred and Mr. Riley to be intrusted therewith 27. The Grand Committee sate for the Church business and after that in the House an Ordinance read to consirm and establish the Directory for worship An Ordinance past for a Collection to provide money and necessaries for those Prisoners who were willing to serve against the Rebels in Ireland to transport them thither Letters from Plymouth informed that Greenvile was raising more forces in Cornwal and that divers Souldiers come away from the King's Garrisons to the Parliaments That three Dunkirk Ships came to Dartmouth with the King's Commission to inhabit there and were received but not well used and two of the Dunkirk Ships were taken by the Parliaments 28. Sir T. F. by order of Parliament advanced toward the relief of Taunton and sent to Massey that by a Day he would joyn with him Letters from General Leuen desired pay for the Scots Army the Houses thereupon sent a Committee to acquaint the Lord Mayor and Common Council of the City therewith and to desire the speedy raising of 30000 l. for this service and wrote answer to General Leuen that they would take care forthwith for their satisfaction The Commons ordered the Prisoners to be removed from the Military Ground where there wanted shelter for them and 300 l. for their supplies 30. Letters from M. G. Skippon informed of his being in a hopefull way of recovery and thereupon the Commons ordered 200 l. to be sent to him as a testimony of their favour and 200 l. more for payment of his Doctours Chirurgeons Apothecaries and other expences Order for 1000 l. for those Gentlemen some of whom were now Members of Parliament who suffered in 1 2 Car. for their affections to the publick and the Committee for them and for the necessities of the present Members was revived and satisfaction of damage voted to be out of the Estates of Delinquents The Letters taken at Naseby referred to a Committee to be perused and observations to be made upon them and to communicate some of them to the Common Council of London An Ordinance sent to the Lords touching Gunpowder and the Office of the Ordnance Letters to the association for Recruits and Arrears to be sent to Sir T. Fairfax's Army Ordinance past for 1500 l. for the Regiment of Colonel John Fiennes M. G. Poynes took the Church at Pomfret Sir T. F. took about 100 Arms from Lieutenant Colonel Not at Highworth who was there slain and divers Officers Colonel Hutchinson took 60 Horse and 48 Prisoners Officers and Arms. Major Saddler took from M. Duet near the Devizes 16 Prisoners Colonel Venables took Sir Th. Powel High Sheriff of Chester 40 Prisoners and 100 Horse July 1645. 1. An Ordinance sent up to the Lords for 400 l. to be paid to Sir William Waller's Life-guard Tuesdays and Thursdays set a part for considering how to raise Monies for Sir T. F. his Army and several Orders passed for that purpose Order of both Houses for the Departure of the Duke of Lorrain's Agent and of the King of Portugal's Agent and for a Letter to be sent to the King of Portugal of the miscarriage of his Agent here Order that the Committee of both Kingdoms should give directions from time to time
General set forth a Proclamation forbidding any abuse or obstruction to the Parliaments Officers in Levying the Excise or Assessments The King went to Windsor for two or three days to see his Children 3. Letters of an high Mutiny of the Souldiers in Chester Order for mony for them and to lessen the Garrison A Petition of one Goodwyn a Curate who gave uncivil words to divers Members of the House for an answer of his Petition Resolved That the Petitioner hath no cause of complaint but deserves punishment for his scandalous Petition Orders for pay for the Nothern Association and for Dover Upon the Prince Electors desire it was left to his pleasure to visit the King if he thought fit The Treaty proceeded in the Army and they removed their Head Quarters to Reading the King returned from Windsor to Causham the Lord Cravens House near Reading Several Members did not attend the House so frequently as heretofore seeing the designs put upon them by the Army and the City and Tumultuous Petitions 5. Vote to add a penalty to such as sit in the House not being duly chosen and that none who have assisted the King in the late War or the Cessation or Rebellion in Ireland or that have been sequestred for Delinquency shall sit in the Parliament Orders touching New Elections Upon a Petition of the Trinity House Order That Dr. Clerk shall be Judg Advocate and an Ordinance to give further power to the Trinity House Goodwyn the Curate for his insolency and revilings committed to Newgate Votes of the Lords to leave out of the first qualification of excepted persons Prince Rupert and Maurice and others The Treaty went on fairly and methodically between the Parliaments Commissioners and the Commissioners of the Army A Proclamation by the General That his Souldiers shall not take Horses without Warrant nor compel any where they Quarter to give them mony and he granted Commissions to every Regiment for Marshal-Law 6. Orders for the House to sit early and for sitting of the Committees and for Money for the Army and for dismantling of Carrisons according to former votes and for Money for Ireland Col. Scroop and other Officers presented to the House the particular Charge of the Army against the eleven Members who were sent for such as could be found and the Charge read unto them 7. The last day of the Term the House adjourned the Speakers being to sit in Chancery Mr. Bellieur the French Ambassador was received by the King at Causham The first part of the Charge of the Army against Mr. Hollis was the former business of the Lord Savile 8. A List agreed for Judges to ride this Summers Circuit and order for instructions for them The Militia of London desired new powers and Money from the House part whereof was assented to and orders given them for the guards of the House The House committed some Soldiers for assaulting the Person and House of Mr. Pury one of their Members The Charge against the eleven Members put off 9. Letters from Sir Thomas Fairfax full of respect towards the King and taking notice of some reports as if he and his Officers were upon some under-hand contract with the King and so to slander their integrities and endeavour a misunderstanding betwixt the Parliament and their Army which their Enemies would fain effect to hinder the settlement of the Peoples Rights but a good accord between them is their design to preserve He declares that they have not done nor shall do any thing which they desire to hide from the Parliament and the World and shall not avow to the faces of their Adversaries their desires to settle the Kings Rights he first giving his concurrence to secure the rights of the Kingdom they have already declared publickly That since their Papers sent in to the Parliament several Officers were sent to the King to satisfie him concerning those Papers and some others sent to him about his removes in which Addresses they bargained not nor asked any thing of the King as to any private interest of their own But they endeavoured only the settlement of the publick Peace and rights of the Nation and assured the King that this being done with his concurrence the rights of his Majesty and his Family should be provided for and in the mean time his Majesty should find from them all personal civilities and respects and such freedom as may stand with safety and the trust lying upon them That they are no enemies to Monarchy and Civil Government that upon his Majesties importunity though with some reluctancy they did give way for the Duke of Richmond and the two Chaplains to come to his Majesty as that which they thought reasonable and Just and to make the King less prejudiced against others That they conceived to avoid all harshnesses and afford all kindnesses to his Majesty consisting with the Peace and Safety of the Kingdom is the most Christian Honourable and Prudent way and that tender equitable and moderate dealing towards his Majesty his Family and Party is the most hopeful course to take away the seeds of War and feuds amongst us and our Posterity and to procure a lasting Peace And that being setled with the Rights and Liberties of the Nation and propagation of the Gospel of Truth and they honoured to be instrumental therein they shall be willing to be dismist and be happy to be discharged not only from Military imployments but from all matters of Power whatsoever In the like Letter to the House of Lords was a Letter from the King to his Son the Duke of York Both Houses pass'd an Ordinance for all Papists and Delinquents to depart the Lines of Communication The House appointed a Committee to examine an Information concerning Listing of men in London An Ordinance for Money for the Army and Votes against Members sitting in the House not being duly Elected and qualified 10. Both Houses passd an Ordinance for disbanding Soldiers and their departing out of London Votes of the House against tumultuous meetings in the City and to give power to the Militia to prevent them and to punish the Offenders The Sheriffs and some of the Common-Council acquainted the House with Letters they received from the Army touching the proceedings in the Treaty for which the House gave them thanks Debate fore-noon and after-noon upon the Charge against the eleven Members but nothing concluded thereupon Two thousand pound ordered to Col. Massey in part of his Arrears 12. Upon long debate of the Charge of the Army against the eleven Members the House voted it to be aCharge and gave a weeks time for the Members to bring in their Answers Mr. Chute Mr. Glover Mr. Pryn and Mr. Hales to be of Council for them The Lords desired the Commons Concurrence upon a Letter from the King to his Son the Duke of York that the Kings Children might go to see him Sir Thomas Fairfax wrote
King came to Sion and dined with his Children and removed to Hampton Court News of the Sudden death of Sir Philip Stapleton at Callis of the Plague 25. The Monthly Fast-day 26. Orders for a new Election and about the Excise and an Ordinance pass'd to make Mr. Langley Master of Pembroke Colledge in Oxford Referred to a Committee to consider what is fit to be done for the security of the Parliament when the Army shall withdraw A Petition of many Citizens in behalf of Lilburne referred to the Committee where Mr. Martin had the Chair Order to put off all private business for ten days In respect of the danger of infection the General was desired to give command to the Guards attending the House to keep the passages from Clamorous Women and to suffer none to disturb the House 27. The alterations in the Propositions for peace sent from the Lords to the Commons were with some other alterations made by the Commons agreed unto and returned to the Lords again who concurred in them and they were ordered to be communicated to the Scots Commissioners Debate touching the Election of Mr. D'oyley the House not satisfied but that he was within the Rule of those who by adhering to the Kings Party were uncapable to sit in Parliament 28. Letters from the General to the House That upon consideration of the present advantage that may be made through the goodness of God of the late success of their Forces in Ireland upon advice with his Council of War he finds that there will be in readiness six thousand Foot and two thousand Horse if they may have incouragement for the Service of Ireland He desires an effectual course may be taken for Moneys and Necessaries and to remove obstructions and saith he hath appointed a certain number of Officers to wait upon such as the House shall appoint to consult upon the whole business The General removed his Quarters to Putney and his Army into larger Quarters and further then before from London The Parliaments Commissioners went to the Army and had conference with the General and his Council of War touching the sending of Forces into Ireland and the General consulted about putting a guard of Citizens into the Tower and for guards for the Parliament The old Commissioners of the Militia of London met again The Common-Council sat about an Ordinance to be pass'd for calling in of clipped Money Col. Layton was committed Prisoner by the General Sir Robert Pye taken Prisoner by some of the Army was released again by the General 30. The Houses sat not but the Committee proceeded in the examination of the business touching the late Force put upon the Parliament An Ordinance pass'd both Houses for establishing the duty of Excise Letters from Col. Whaley that the King thought himself much wronged and abused by a Paper lately published as in his name intituled His Majesties Declaration which the King wholly disowne and dislikes and that to vindicate the King by discovering and punishing the Libeller would give great satisfaction to his Majesty That the King hunted in the great Park and dined with his Children at Syon c. 31. The day of thanksgiving for the Victory in Irland The Marquess of Ormond visited the King and afterwards visited the General at Putney and was received with great kindness The Council of War sat about sending the Forces into Ireland and about placing of Guards in the Tower and for Guards for the Houses September 1647. September 1. Letters ordered to the Commissioners in the Army to treat farther with the General and to expedite the sending away of Forces into Ireland and a Committee to consider of raising Money for them Debate about security for such as shall bring in Bullion and against transporting of it and for calling in clipt Silver Orders about stating the accounts of Officers and Soldiers and about Money for the maimed Soldiers and for Money for Plymouth Garrison Several Votes of both Houses about presenting the propositions of Peace to his Majesty Debate upon a Message from the Lords with a Letter from the Estates of Scotland and from the Scots Commissioners about the business of the Lord Lotherdale and the stay of Mr. Chiesely at Newcastle desiring reparations The Lords referred it to the Committee of both Kingdoms the Commons referred it to the Committee with the Army Col. Lilburne Governor of New-castle wrote a Letter to the States of Scotland excusing the stay of Mr. Chieseley at New-castle that he knew him not nor did Mr. Chiesely show any Pass from the Scots Commissioners or from Sir Thomas Fairfax and was stayed in the time when the Tumults were at London and intelligence of endeavours to engage a Party in Scotland against the Parliament of England but as soon as he knew who Mr. Chiesley was he discharged him freely 2. Both Houses passed the Ordinance for setling the Militia of London in the old hands and some of the Committee joyned with them They also pass'd a Declaration against the crowding of Soldiers and others at the doors of both Houses A Petition in the name of the Inhabitants of Bristol 1. For settlement of Peace and to prevent another War 2. To answer the Grievances of the Army and to Vindicate them 3. To preserve the just Rights and Liberties of the People from Tyramy 4. To free the People from unlawful Powers and endeavours to suppress their Petitions 5. To remove out of the House and places of Justice unfit and uncapable persons 6. That Faithful Persons may be trusted 7. For tenderness in imposing the Covenant 8. That tender Consciences may not be grieved 9. For an Act of Oblivion 10. For speedy tryal of Prisoners 11. Against long Imprisonments 12. To compassionate Widows and maimed Soldiers 13. That Accounts may be given 14. To find out a way that Suits of Law may be less chargeable and dilatory and the Laws in a less Volumn and in English The Petitioners were called in and told That the House could not approve of some things in their Petition but gave them thanks for their good affections Upon a Letter from the General Order for a Commission to determine differences in Jersey Both Houses agreed upon an answer to the Letter of the Scots Commissioners Vote That the works about London be demolished according to a Paper from the Army to ease the charge of maintaining and keeping them 3. Order That the propositions be presented to the King on Tuesday next by the Commissioners and that the ten days for receiving his Majesties answer be altered to six days Debate of making Col. Hammond Governor of the Isle of Wight and about an Ordinance for suppressing of scurrillous Pamphlets Mr. Bainton charged with signing a Warrant for raising Horse in the City to further the late tumults was suspended the House 4. The whole day spent upon the report concerning the late tumult and force upon the Parliament Voted That Summons be sent
and they then would bring up the Charge and Proofs Order about a new Lord Mayor Captain Batten laid down his Commission of Vice Admiral and Col. Rainsborough was voted in his place and a list of the Captains and Ships agreed upon for this Winters Flect Petitioners of Somerset shire had thanks for their good affections A thousand pound ordered for Col. Rainsborough for his Arrears An Ordinance to make void Elections of Delinquent Majors c. and order for the Speaker to write to the Corporations to make new Elections The like for Delinquent Sheriffs and no Delinquent to have a Voice in Elections Ordinances pass'd for Money for Lynne Garrison and for Cloaths for Soldiers Letters from Ireland of the good success of the Lord Inchequin taking twelve Castles in Tipperary and the Castle of Cahir in this manner An English Trooper was wounded and taken by the Rebels and carried into Cahir-Castle Col. Hepsely having observed some defects in the Works had a mind to get into the Castle to see them and was permitted to come in a disguise as a Chyrurgeon to dress the Troopers wounds Having thus espyed the defects in the Works he led on a Party to that place and Stormed the Castle A Letter was ordered to the Lord Inchequin to desire him to send over some of his Officers in safe Custody against whom some things were charged Col. Jones marched out of Dublin with a strong Party The Estates in Scotland ordered their Forces to be disbanded unless the Committee of Estates think fit to continue them in case the Kingdom be in any danger of trouble the person of the King in any hazard or the Nation like to be dishonoured and such as refuse to disband to be taken as Mutineers Major General Lambert quieted the difference about Quarter between the Soldiers and the Richmond-shire men and appeased a Mutiny with stoutness and sent a Party against the Moss-Troopers 28. Both Houses pass'd an Ordinance for suppressing Scandalous and unlicensed Pamphlets the Execution of it was left to the Militia of London and to the Committees of the several adjacent Counties An Ordinance was read for levying the Arrears to the Army of the City of London A Letter from the General Council of the Army to Lieutenant General Cromwel was read in the House mentioning the danger of Mutinys and loss of the Army and of new distractions for want of Pay and desiring him to acquaint the House therewith and to be a means to procure Money The Ordinance passed for thirty thousand pound for the Army and an Order for the Months gratuity and Months Pay Debate of Ordinances for Money for Soldiers Widows and touching Arrears A Letter agreed upon by both Houses from the Parliament to the Queen of Sweden and the state of the matter of Fact of what passed between the Ships of England and Sweden ordered to be delivered to the Swedish Agent Election of a new Lord Major of London 29. The Monthly Fast-day 30. Alderman Warner was presented to the Lords for the new Lord Major for the next year and for the remaining time of the last Lord Major now in Prison and approved of and sworn for both times The Ordinance read for continuing Tunnage and Poundage for two years and referred to the Committee of the Navy to treat with the Commissioners of the Customs about Money for the Winter-Guards Upon debate what should be further tendred to his Majesty upon the Propositions it was voted 1. That the Proposition concerning the prosecution of the War in Ireland by both Houses and in the intervals by a Committee 2. That the Proposition for making void the Cessation with the Irish Rebels 3. That the Proposition for nominating the chief Officers of England and Ireland by both Houses and in the intervals by a Committee be again tendered to his Majesty and drawn into Bills for his consent 4. The three Treaties between England and Scotland ordered to be considered and how far they stand in relation to the desire of his Majesty and that the Lords concurrence be desired October 1647. October 1. Order for Money for Officers and Widows in distress and for the poor English Irish Order for a Declaration That both Houses intend to desist from prosecuting any more that were active or abettors in the late tumults and force upon the Parliament than those whom they have already voted against Order about Cursitors places referred to the two Speakers Orders for removing Prisoners in the Tower to other Prisons The Impeachment agreed unto against Lieutenant Collonel Baines The Ordinance for Delinquents to have no voice in the Election of Officers pass'd and sent to the Lords 2. Some appointed to be examined upon the late tumult and the Declaration committed that no more should be questioned whereby peoples minds were quieted but this was not to extend to any Members of the House reduced Officers or Delinquents Pardon 's granted to some Prisoners Debate upon the Confession of Faith presented by the Assembly A Paper from the Army desiring 1. That the House would grant to the General and such Officers and Soldiers as he should appoint full power with the directions of the Committee of the Army to levy by way of distress from the City the Arrears due to the Army 2. That the Parliament would set a Penalty upon those that put them to this trouble of distreining 3. That they would give the like power and penalty for levying all the Arrears in other places 4. And that the Houses would provide for their own Guards so as the Army might Quarter further from the City 4. Vote for twenty thousand pound a Month above the 60 thousand pounds for the nine thousand Horse and Foot designed for Ireland and towards the Charge of that War And other Votes touching the Forces and Government there Order for two months Pay for all the Garrisons that are put out and so disbanded and all of the Army who are not of the Establishment nor to go for Ireland to be cashiered An Ordinance pass'd for money another for Guernsey c. and Col. Birch Col. Ludlow Mr. Harrington and Mr. Weaver named Commissioners for this business The Letter from the General touching the Arrears of the Army referred to the Committee of the Army Orders touching Guards for the Tower The Lords concurred with some small alterations about the Propositions to be again sent to the King The Lords ordered the Sequestration of the D. of Bucks his Estate to be taken off and recommended to the Commons the Earl of Newport's Petition for lessening of his Compositions and ordered the continuance of the allowance of eight hundred pound per An. to the Bishop of Durham and desired the Commons concurrence Both Houses pass'd the Ordinance for disabling Delinquents to have voices in Elections 5. Debate upon the Ordinance for Turinage and Poundage and Orders for Money for Mr. Prince Order for four hundred pound
to the Presbyterian Government and none other That Liberty of Conscience granted shall extend to none that shall Preach Print or Publish any thing contrary to the first fifteen of the thirty-nine Articles except the eighth That it extend not to Popish Recusants or taking away any Poenal Laws against them Order by the Lords that the Marquess of Winton have three Months longer time to be abroad Committees appointed to draw things into form and touching the Prorogation of the Parliament and touching Justices of the Peace and Grand-Jury-men 14. Debate touching the end of Sessions of Parliament and this Session to end in twelve Months after the passing the Bill and afterwards the Sessions to be Triennial The Commons voted Liberty to tender Consciences by way of Indulgence and much to the effect as the Lords had before voted A Letter from the King to the General That he would write to the Parliament that his Majesties Children might not yet be removed to St James's but remain for a night or two within 15. Debate upon the Ordinance for Tunnage and Poundage Proceedings upon the Propositions concerning Church-Government The General Councel of the Army at Putney resolved That every Trooper should abate 12d per diem in lieu of free Quarter and every Foot Soldier 4d per diem 16. Debate touching Religion and Voted That the Indulgence as to tender Consciences shall not extend to tolerate the Common Prayer The Lords sent the Propositions to the Commons for their concurrence to be sent to the King with some alterations The Commons referred them to a Committee to peruse wherein they agreed or disagreed from the former Propositions Suspition of designs to bring in the Scots to assist the King 18. Proceedings upon the Propositions to be sent to the King the same as before Added to put a period to this Parliament a year after the passing of this Act. For Elections of Justices of Peace and Grand Jury-men The King to return to his Parliament and have his Rights Queen and Children restored to him Some alterations made by the Commons and referred to a Committee Debate Seven Delinquents to be excepted from pardon of life Complaints against Stage-players and an Ordinance to suppress them Debate upon L. C. Liburne's Case committed by the Lords against which he complained by a long Speech Mr. Belliure the French Ambassador took his leave of the King The Gourdons rose in Arms in Scotland and Major General Miadleton gave a defeat to some of them The Agitators of five Regiments of Horse presented some high Papers to the General as the sence of the Army which was not so but of these Agitators The General answered their Letter That he thought it meet to be presented to the General Councel 19. A grand Committee to consider of Moneys for Pay of the Army out of the Excise Bishops Lands c. Letter from the French Ambassador about his taking leave and desiring a Pass Debate about Coaches c. for his Journey Order that three Lords and six Commoners give the Ambassador a visit at his departure Ordinance against Stage-plays carried up to the Lords Col. Jones took in four Castles from the Rebels but could not force them to fight though at advantages Power given to suppress the Moss-Troopers 20. Several Votes pass'd upon the Proposition of Persons excepted from Pardon agreed to be seven and touching Estates and Offices c. 21. Proceedings and several new Votes upon the Propositions A Petition from Sir William Roberts and the other contractors for the sale of Bishops Lands of the Obstructions in that business referred to a Committee to consider of a way for removal of them The Lords agreed with the Commons in the Ordinance for suppressing Stage-Players 22. A Petition of the East-India Company referred to a Committee Order for twelve hundred pound for Lieutenant Collonel Goll's Arrears An Ordinance committed for Payment of all Arrears to the Soldiers particularly to some of Sir Thomas Fairfax's Army and ordered out of the Sale of Bishops Lands after the precedent engagements thereupon The Assembly presented to the House a Catechisme drawn up by them Referred to the Committee of the Army and to the Committee of the Navy to inquire what Arms Ammunition and Ordnances belonging to the Publick are in any private hands or not made use of for the service of the State and to restore such as belong to any who are well affected to the Parliament and the rest to be brought in to the Tower or made use of for the Navy The General and General Councel of the Army met at Putney and had much debate touching the Papers presented by the Agitators of the five Regiments which were disliked by the General and his Officers and they appointed a Committee to consider of the Paper printed intituled the Case of the Army to send for such Parties as they shall think fit and to prepare something to be offered to the next General Councel and for vindication of the Army from the aspersions cast upon them by that Paper They were also to consider of a way for the speedy bringing in of monies upon Compositions to be offered to the House from the General Councel and of an abatement of the Pay of Non-Commissioned Officers and to prepare Rules for Quartering of Souldiers for the ease of the Country and about some Troopers lately taken in to be Disbanded about Waggoners and payment of Arrears 23. A Letter from the Scots Commissioners here to give notice to the Houses That there was a command laid upon them to attend the King which they did this day at Hampton-Court Orders for mony for the Army Proceedings upon the Propositions and Voted That the Tithes belonging to Deans and Chapters shall be imployed towards the maintenance of a Preaching Minister 25. Votes for Pay of the Arrears of Souldiers out of the Estates of Delinquents the remainder of Bishops Lands and Forest Lands this to be inserted in the Propositions and an Act to Null the Court of Wards and the King to have twenty thousand pounds per An. in lieu thereof and that the two Houses shall nominate all the chief Officers in Ireland and also in England A Committee of both Houses for Forrein Affairs to consider of a Message from the Ambassadour of France A Case of Indemnity determined The Committee of Estates in Scotland considering the dangers then imminent to Religion His Majesties Person and Authority the Union betwixt the Kingdoms and Peace of that Kingdom fully represented to them in Letters from the Commissioners in London and by several informations found it necessary in regard thereof that the Army be kept up till March next Letters from the North of the care of Major General Lambert for equal Quartering of his Souldiers and for punishment of some to run the Gantelope for Plundering and for meddling to assist in taking possession of a parcel of Tithes and taking in the advice
Honour Freedom and safety with his two Houses as the only means to settle Peace And then he desires that the Proposals of the Army as to future Parliaments and Elections may be considered 20. Debate for raising Mony for the Army and upon a Letter from the General to the Lord Major Aldermen and Common-Councel of London and another to the Committee of the Army That the General had ordered Col. Hewson's Regiment to Quarter in the City to assist the Committee in collecting the Arrears due to the Army The House ordered Lieutenant Collonel Cromwell to write to Col. Hewson to forbear marching into the City and a Committee of Lords and Commons were appointed to acquaint the Common-Councel with the inconveniencies that might arise if they did not speedily collect the Arrears due to the Army Both Houses ordered their Committee to press the Scots Commissioners to consent to the sending of the propositions to his Majesty Order about placing some of the Kings Servants about him Letters from Ireland informed a late and great defeat given by Col. Jones to the Rebels and that he had beat them off from Dublyn The General 's Head-Quarters were at Windsor 22. The Ordinance committed for setting the Poor to work Some from the Common-Councel came to the House with thanks for their care to prevent Quartering of Soldiers in the City and with an answer in writing concerning collecting of the Arrears of the Assessments and that they had given an account of it by a Letter to the General The House ordered a Committee to prepare an answer to the City and Voted That they should go on to collect the Arrears and speedily to bring them in Order to press the Commissioners for their answer touching the Propositions That the sending of them to his Majesty may not be further delayed Letters from Col. Hammond That he received by the hands of a Messenger from the General the Votes and Resolutions of both Houses relating to the security of his Majesties Person That as to the Vote not to permit such as have been in Arms or assisted against the Parliament to come into the Island he had before taken order and touching the Votes last come to his hands he will with the best of his endeavours see them put in Execution That as to a Warrant for apprehending Mr. Ashburnham Mr. Leg and Sir Jo. Berkley he desired the Serjeants Deputy to forbear the Execution thereof till he might know the further pleasure of the Houses in regard if those Gentlemen should be apprehended it would be very difficult for him to secure the person of his Majesty That the King said If these Gentlemen should be taken from him and punished as Evil doers for councelling him not to go out of the Kingdom but rather to come to this place for the more conveniency as to settlement of Peace and for endeavouring it accordingly in attending him hither he cannot but himself expect to be dealt with accordingly his case being the same That these Gentlemen have engaged their Honours not to depart from him and having cast themselves upon him in case they should be removed from thence it would much reflect upon him 23. A Petition delivered to the supream authority of the Nation presented to the Commons was read and voted to be a Seditious and Contemptuous avowing and prosecution of a former Petition and Paper annexed stiled an agreement of the People formerly adjudged by the House to be destructive to the being of Parliaments and fundamental Laws of this Kingdom Some of the chief Actors herein were committed to the Gate-house others to New-gate and a Letter sent to the General to prosecute the Examination of that business to the bottom and to bring such guilty Persons as he shall think fit to exemplary punishment Letters from Bristol of a Mutiny in the Garrison and that the Soldiers had secured an Alderman there till they had a Months Pay the House sent a Letter to the General to discharge the Alderman and to prevent the like abuses by the Soldiers for the future 24. The Monthly Fast-day 25. Order to press the Scots Commissioners for a further and speedy answer touching the Propositions to be presented to his Majesty and to take off the Commissioners Seal of his Bed-Chamber at Hampton-Court Some from the Assembly presented the short Catechism to the House who gave them thanks and desired them to give a speedy answer to the Quaeries formerly sent them and to perfect those things referred to them A Letter to the General from Buckingham-shire complaining of the unsufferable burden of free Quarter sent by him to the House and referred to the grand Committee who are to consider of taking off free Quarter and setling a constant Pay for the Army The Merchant Adventurers lent ten thousand pound towards the Months Pay for the Army Letters from the General to the City why he appointed some Soldiers to assist in collecting the Arrears of the Assessments that he submitted to what the Parliament had ordered concerning the stop of that Course and hoped the City would perform their undertaking in the speedy collecting of them otherwise it might be very inconvenient to the Parliament the Army and Kingdom and to themselves 26. The Grand Committee sate about Pay for the Army and ordered the disbanding of the supernumerary Forces At a conference the Lords acquainted the Commons That they had considered the desires of the King to treat with the Parliament and the Scots Papers and the desires of the Kingdom to be delivered from all burdens and fears and to be preserved in Peace That their Lordships propound to the Commons four Propositions to be speedily sent to his Majesty to be speedily passed for the safety and security of the Parliament and Kingdom and to treat with his Majesty upon the rest The Propositions were 1. That a Bill be past for setling the Militia of this Kingdom 2. That an Act be passed for calling in of all Declarations Oaths and Proclaimations against the Parliament and those who adhered to them 3. For an Act that those Lords who were made after the Great Seal was carried to Oxford may be made uncapable of sitting in the House of Peers thereby 4. That power be given to the two Houses of Parliament to adjourn as they shall think fit That his Majesty giving the Kingdom security by passing these four Propositions there may be a Personal Treaty with his Majesty and the Parliaments of both Kingdoms for passing the rest of the Propositions Herein they desired the Commons concurrence who appointed a time to debate this business fully A Representation was presented to the General under the hands of Col. Lilburne and the Officers of his Regiment acknowledging and promising their obedience due to the General and praying him to mind the Parliament of considering and resolving those things which have been presented to them from the Army and as soon as the necessary great
Affairs first to be setled shall be transacted that a period may be set to this Parliament Some thought it a piece of high assumption in the Army so often and so earnestly to press the dissolving of that authority under which themselves had so highly acted Some of the Officers were supposed to have hopes of coming in themselves to be Members of Parliament upon new Elections others were thought to act upon better Principles of the Nations Freedom by not being subjected too long to the same Persons in authority 27. Order of both Houses for Mr. Sollicitor to draw up Pardons for some convicted Persons at Northampton The Lords desired the Commons to take a speedy course for constant Pay for the Army that the Countries may not be burdened with free Quarter A Committee appointed to find out the Authors of Mercurius Pragmaticus and Mercurius Melancholicus and other Pamphlets scandalous to the Parliament to punish them and the Printers and Sellers of them and to seize the Impressions of them The Commons agreed with the Lords to have a Personal Treaty with the King after he should have Signed the four Propositions agreed on by the Lords which were to be sent to his Majesty 29. Many Citizens of London and others attended the House with a second Petition of the same Party who Petitioned the last Week this Petition reflecting highly upon the proceedings of the House and accusing them of Partiality desiring to know what are their Freedoms and that those Committed upon the Petition the last week may be released The Lord Major and the Militia of London gave notice of this Petition to the House before it came up and offered their Guards to the House who sent them thanks for it and order to bring their Guards as there should be occasion and set a day to debate this Petition The Committee of Lords and Commons for the business of London Agents was made a close Committee with power to send for Parties c. and to commit to custody In these passages we may take notice of the strange workings of God and of the perplexed condition in which the Parliament was at this time The Army whom they had raised paid and Commissionated now mutiny against them and with their Swords in their hands controule and oppose their Principals and Masters The City the old Friends joynt-actors and constant assistants of the Parliament with their lives and Fortunes become full of Sedition and averseness towards them question their integrity reproach them and seek to cast them off Letters from Ireland certified That the Lord Inchequin marching towards the Rebels in Munster was inforced to joyn Battle with them who were three for one more in number than the Protestants and had the advantage of ground so that the Lord Inchequin's Ordnance became useless His main Battle was hard put to it and by the Cowardise of some like to have been routed but the Lord Inchequin in person with what Horse could be got together made a desperate attempt upon the main Body of the Rebels and gave them a Rout. That Col. Grey with his handful of bare-legged men recovered the Ordnance whereby the Rebels whole Force was dissolved the Collonel was slain and Lieuetenant Collonel Crispe Captain Love and some other Commanders and divers wounded and about an hundred and fifty private Soldiers and Gunners slain and many wounded the whole number of Inchequin's Men were not above four thousand His men had the Pursuit of the Rebels seven miles three several ways as long as the day lasted and in the flight and pursuit were slain of the Rebels about four thousand their Lieutenant General Kilketto with divers Officers killed and taken 30. The grand Committee sate about a constant wayof Pay for the Army Captain Piggot who brought the Letters from the Lord Inchequin made a particular relation in the House of the late victory in Ireland and presented to the House two Letters under the Lord Digby's hand found in the Lord Taffes Cabinet after the Battle One was to direct him concerning the Kings interest in Ireland and to preserve the Army under his Command there and to please the French Agent and promising him great preferments Orders for a thousand pound for the Lord Inchequin to buy him Horses as a favour of the House for his good Services and for Letters of thanks to him and to his Officers and for fifty pound to Captain Piggot and for ten thousand pound for Provisions for Munster Ordinances debated about Money for the Army The King wrote a Courteous Letter to Sir Thomas Fairfax That he appointed Copies of his Letters to the Parliament about his withdrawing from Hampton Court to be delivered to Sir Thomas Fairfax and had also sent him a Copy of his last Message to both Houses from the Isle of Wight in order to the settlement of a good Peace and desires him to imploy his credit therein that Doctor Shelden Doctor Oldesworth and Doctor Hammond may be protected in coming to his Majesty December 1647. December 1. A Petition to both Houses from the Common Councel acknowledging the Supream authority of Parliaments to which all Persons ought to submit craving Pardon for former Errors of some of the City and desiring that a constant pay may be provided for the Army so that free Quarter may be taken off and the Army enabled to lye at a further distance from the City that so Provisions may be cheaper and Trade incouraged They pray that the Covenant may be observed and a good peace established and that the Aldermen and Recorder of their City lately imprisoned may by the favour of the Parliament be released The Houses gave them thanks for their good affections and answered that some of the Particulars desired by them were under consideration and the Parliament would in all the particulars do what belonged to Right and Justice and the good of the Kingdom The Grand Committee sat about the taking off free Quarter The four Propositions to be sent to his Majesty were read the first time 2. The Grand Committee sat about providing a constant Pay for the Army The House debate the Petition of the Citizens in favour of the agreement of the People and voted That it is the right of the Subject to Petition the Parliament and the right of the Parliament to judge of the Petitions that all Petitioners ought to acquiesce in that judgement of the Parliament and so they hoped and expected the present Petitioners would do The Impeachment against the Earl of Lincoln was read the first time and a Message sent to the Lords for further time to bring up the Impeachments against the seven Lords which was granted Order for the names of the Justices of Peace of every County to be given in to the several Members of each County that the House may consider of them 3. Debate all the day long upon the four Propositions to be forthwith sent
to examine and punish Church-wardens Sequestrators and others who countenance the same Order to put in Execution the ordinance for abolishing Holy-days A Printed Paper directed to the Speaker intituled Observations on the Scots Message to the Parliament referred to a Committee to find out the Authors and Printers of it being very scandalous to the King Parliament and Army Mr. Saltmarsh the Minister assirmed that he had somewhat revealed to him from Heaven wherewith he must acquaint the Army And presently went from his House in Essex to Windsor where he spake with the General with his hat on and told him he had doted on him but now must honour him no more because he had Imprisoned the Saints He also told the Officers of the Army That formerly he came to them as a Lamb but now he was come as a Lyon to tell them what the Lord bad revealed to him That though the Lord had done much by them and for them yet he had now for saken them and would not prosper them because they had for saken him their first Principles and had imprison'd the Saints with many of the like expressions He then told the Army He had delivered his message done his work and must leave them and see them no more and so went from Windsor to London and from thence to his House in Essex where being ill on Friday he told his Wife he had now finished his Course and must go to his Father And the next day he dyed 27. Orders for Money for the Navy At a Conference the Commons informed the Lords that Col. Rainsborough had cleared himself of the objections formerly made against him and now at the desire of the General and his Councel the Commons had voted him to be readmitted to his imployment of Vice-Admiral and desired their Lordships Concurrence therein Debate upon a Petition of Doctor Trigge Some Compositions of Delinquents passed Letters from the Commissioners sent to the King That they presented the Bills and Propositions to his Majesty who then said He was assured they would not expect a present answer but he would take the same into consideration and give his answer within few days The next day after the four Bills presented to the King the Scots Commissioners came to him and presented to him a Declaration That they had endeavoured by all means to the Parliament of England for furthering a happy Peace having seen the Propositions and understood of Bills brought to his Majesty which they apprehend prejudicial to Religion the Crown and the Vnion between the Kingdoms and therefore in the name of the Kingdom of Scotland declare their dissent The General sent his Letters to Major General Lambert Major General Laugherne Major General Mitton Major Hopton Col. Humphreys Col. Duckenfield and Col. Venables concerning the disbanding supernumeraries Letters from Ireland of Col. Jone's Marching into Wicklow That his Regiment conformed that Owen Roe Oneale was by the Popish Clergy opposing the Laity made Generalissimo of the Rebels and General Preston cast off That Sir Charles Coote was gone into the Field but Sir Robert and Sir William Steward's Regiments refused to March with him That the Soldiers under the Lord Iuchequin in the last Victory they gained fought all of them with the greatest courage imaginable though they wanted Cloaths Shooes and Bread 28. Debate of an Ordinance for eight hundred pound per An. to be setled on the Bishop of Durham A Petition from Newcastle complaining of the sore burden upon them of free Quarter when the Scots were there and ever since and the Oppression not so great in any other part of the Kingdom Order that they shall have the publick Faith for all free Quarter since the Scots were there Orders for Ammunition for that Garrison and touching the Sequestrations there and in Northumberland to pay Money due to those Countries The Lords dissented from Col. Rainsborough's going to Sea and gave their Reasons for it at a Conference A Message from the Lords to give the Marquess of Winton four Months longer time of liberty and to consider of the Petition of the Lord Cromwell A Letter of thanks written to the Commissioners in the Isle of Wight Divers Compositions passed 29. The Monthly Fast-day News came of a great Disorder and tumult in Canterbury about the observation of Christmas-day the Major endeavouring the Execution of the Ordinance for abolishing holy-days was much abused by the rude multitude had his head broken and was dragged up and down till he got into an house for his safety They broke into the houses of divers others who were of the Majors Opinion put themselves into a Military Posture kept Guards stopt Passes and examined Passengers and the like Insurrections were in several other places of the Kingdom 30. Upon a Letter from the Committee of Kent of the disorder at Canterbury The House ordered That the Order for examining and committing of Church wardens c. who countenanced Malignant Ministers should be Printed and referred the business of the Riot at Canterbury to the Committee with power to send for Parties c. and to imprison and to certifie the whole matter to the House The like Riot at Eling in Middlesex was referred to be examined and proceeded against at the Sessions of Peace Letters from the General that he had given a Commission to Sir Arthur Haselrigge to be Governor of New-castle which the House approved and ordered him to repair thither to his Charge Mr. Harris a Church-Warden of St. Martins Parish ordered to be committed for bringing Delinquents to Preach there and to be displaced from being Church-warden there 31. Letters from Sir Thomas Fairfax That by reason of a late Mutiny and design to carry away the King he had given order to Col. Hammond to keep a strict guard upon his Majesties Person till he further knew the pleasure of the Parliament The House approved therof and ordered the General to take special care for securing the Person of his Majesty where he now is in Caresbrooke Castle And they ordered that Col. Hammond the Governor of the Isle of Wight take special care for securing the King's Person where he now is and to observe such further Orders therein as he should receive from the General and the Lords concurred herein The Parliaments Commissioners returned from the King with little satisfaction touching the four Bills presented to him The House Ordered that Mr. Marshal and Mr. Nye be desired to come and pray with the House to morrow morning to seek God for his blessing and direction in their consultations tending to matters of great concernment The general Councel of the Army agreed upon Warrants to be sent from the General to all those Officers whose Soldiers were to be disbanded according to the Orders of Parliament that they conform unto and see the same done accordingly and mention of the stating their Accounts and security for their Arrears with present Pay of
besides those killed in the other part of the Town and many of them wounded that Sir William Campion Col. Cooke two Majors and other Officers were slain many of Quality wounded and many of the Trained Bands whom the General released They say that Colonel Farre Lieutenant Colonel to the Earl of Warwick led them out into the field and into Mr. Grimston's house and when he and the men fled being galled by the Parliaments Musquetiers he got to the gate and caused it to be shut and left his men to be cut in pieces by the Parliament Souldiers if they had not been more merciful That the General closely beleaguers the Town his train being come up to him but intends if possible to preserve the Town from fire and plunder That Sir Bern. Scudamore Colonel Stewart and Colonel Thorneton were taken at New-market raising sorces for the King That the Trumpet sent by the General into the Town to see in what condition Sir William Masham and the other Gentlemen Prisoners there were returned that they were in a reasonable good condition That Captain Zanchy who took in Marsey Fort and Island found there two Culverins two Sacres and one Drake and that Captain Peacock and the Commander of the Ships at Harwich offered their assistance to the General Order for raising two Troops of Horse in Northamptonshire and for money for the Army Order about setling Ministers in particular Parishes and for reviving the Committee of Examinations with power to suppress scandalous and unlicensed Pamphlets 17. Debate that every officer before he had his Commission should take the Covenant laid aside A Commission to Colonel Herbert to raise Forces for the Isle of Ely Vote for a Strong Summers Fleet for defence of the Kingdom and to reduce the revolted Ships and a gratuity to be given to the Officers and Mariners of the Fleet. Orders about levying the Assessments for the Army Letters of the General summoning Colchester to render to the Parliament and that the Lord Goring asked the Trumpet who brought the Summons how his General did and bid him tell his General that he heard he was ill of the Gout but that Goring would cure him of all diseases that the Soudiers were highly inraged at this scoff to their General The Lord Goring Lord Capel and Sir Charles Lucas sent to the General for a List of the Prisoners he had taken of their party and the General sent it to them 19. Order for Sir Hardress Waller to permit no new forces to be raised in Devonshire and Cornwal but to make use of the Trained-bands there if there shall be occasion Debate about breaking the Chamber of M r Charleton a member of the House and taking away a Ward from thence the affront referred to a Committee the matter of the Ward referred to the Law Vote to readmit M r Walter Long a Member of the House The Case of Sir John Clotworthy referred to the Committee of Priviledges to examin The County and the City of Chester raised Forces for the Parliament and desired that Captain Carter might command those of the City which the House granted A Letter sent to old Sir Robert Booth inviting him to raise Forces for the King was by him sent up to the Parliament and they referred it to a Committee Referred to a Committee to examin some Mariners upon suspicion of plotting against the Parliament A battery being made against Pembroke Castle an assault was attempted but the Parliament Forces were repulsed with the loss of three and twenty men and but four of the Garrison Letters from Colchester that a Party of three hundred Horse issued out of the Town and returned with forty Head of Cattle and a hundred Sheep and were not met with by the Parliaments Forces sent after them That Lieutenant General Cromwell hath planted his Cannon and intended the next day to begin his battery Letters from the North that Langdale marching towards Carlisle Lambert fell upon his Rear into the quarters of a Regiment newly raised which he totally dispersed and brake that the Officers fled after Langdale and the Souldiers threw down their Armes and ran home seeming glad of the opportunity That Lamberts men pursued another Party of Langdale's and took some Prisoners that Carlisle was unwilling to receive Langdale's Forces saying they would rather lose their lives than be forced to eat Horse Flesh as they had been before Letters from Scotland that an Army will be forthwith raised there that Duke Hamilton goes along General and hath already Six thousand Horse Foot and Dragoons that Middleton is Major General of the Foot and the Earl of Kalender Lieutenant General of the Horse That their Parliament have adjourned for two years and left a great power to the Committee who act vigorously for the War so that the Chancellor the Lord Wareston and others have left them and are gone to the Earl of Argile That an Act is passed for punishing all such as preach or write or speak against any thing done by the Parliament or by any authority derived from them that Holborne is gone with a thousand Horse to fetch in the Earl of Argile and his Party 20. Both Houses reciting former Votes passed 20 Maii 1642 viz. 1. That it appears that the King seduced by wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have proposed no other end to themselves but the care of the Kingdoms and the performance of all duty and Loyalty to his person 2. That whensoever the King maketh War upon the Parliament it is a breach of the trust reposed in him by his People contrary to his Oath and tending to the dissolution of this Government 3. That whosoever shall serve and assist him in such wars are Traytors by the fundamental Laws of this Kingdom and have been so adjudged by two Acts of Parliament and ought to suffer as Traytors 11 R. 2. 1 H. 4. The Lords and Commons now Declare that it appears that divers who have assisted the King in the late War against the Parliament and divers others endeavour to levy a new War against the Parliament That all such are Traytors by the fundamental Laws of this Kingdom and have been so adjudged by the said two Acts of Parliament And they ordered that these Votes be printed and published by the Sheriffs in every Market Town and by the Judges in their Circuits An Ordinance passed to establish Colonel Welden Governor of Plymouth and a hundred Pounds orderd him to buy Horses Orders for raising Forces in Nottinghamshire and Lincolnshire and that the Militia of Lancashire present to the General a fit person to be Governor of Leverpool Colonel Ralph Ashton approved to command the Lancashire Brigade to joyn with Major General Lambert Colonell Russell ordered to go to his Government in Jersey Letters from Lieutennnt General Cromwell That the Garrison of Pembroke begin to be in extream want of
education of their Children in the Protestant Religion for levying of penalties against Papists and their practices against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Masse As to the Covenant his Majesty was not then satisfied that he could sign or swear it or consent to impose it on the Consciences of others nor did he conceive it proper or useful at that time to be insisted upon As to the Militia his Majesty will consent to an Act to have it in the hands of the Parliament for ten years Touching Ireland after advice with his two Houses his Majesty will leave it to their determination Touching publick debts he will consent to raising monies by equal taxes Lastly he proposeth to have Liberty to come forthwith to Westminster and be restored to a condition of freedom and safety and to the possession of his Lands and Revenues and that an Act of Oblivion and indemnity may pass to extend to all persons for all matters relating to the late unhappy differences which being agreed by his two Houses his Majesty will be ready to make these his Concessions binding by giving them the Force of Laws by his Royal Assent More than this could not be obtained from his Majesty though most earnestly begged of him by some of the Commissioners great persons with Tears and on their knees particularly as to the proposition touching Religion Wherein the Church Government and publick worship and chiefly the revenues of the Church swayed more with the Kings Chaplains then about him and they more with his Majesty continually whispering matter of Conscience to him than the Parliament and all their Commissioners could prevail with him for an agreement though possibly his own judgment which was above all theirs might not be so fully convinced by his eager Divines about him After a long Debate upon this Message the House voted it unsatisfactory and a Letter of thanks to be written to the Commissioners approving what they had done and requiring them to proceed according to their Instructions Letters from Colonel Monk of his late success in Ireland the House ordered Major General Monroe to be Committed to the Fleet for joyning with the Enemy in Scotland and perfidiously breaking the trust reposed in him Letters from Anglesey of the taking it by Major General Mitton by Storm and that the Lord Byron and Lord Bulkely were escaped by flight A Petition from Leicestershire to the same effect with the large Petition of London and that from Oxfordshire against the Treaty Letters from Cromwell's quarters in Scotland near Edenburgh that he and his Officers are careful that the Souldiers give no offence to the Inhabitants by plunder or any incivility that Cromwell caused horses taken from the Scots by some of his Souldiers to be restored and the Plunderers to be cashiered A Lieutenant who connived at the plunder was committed to the Marshal and the Colonel himself taken from the head of his Regiment and suspended the execution of his place till he were tryed by a Council of War and the Regiment sent back again and this impartial justice pleased the Scots That Argyle and his Party endeavoured to perswade the Surrender of Berwick to Cromwell to whose quarters they sent their Commissioners to this end That Leven certified Argyle that both his Army and that under I annerick were likely to agree Letters from Cockermouth that it was still besieged by five hundred Country-men that they mined near the wall and the Governour Lieutenant Bird sallied out killed and took all that were at work brought away their tools and burnt the Barne that sheltered them that Cromwell had ordered Forces to relieve the Castle Argyle took at Leith a Ship with ten thousand Arms from Denmark designed for Duke Hamilton Cromwell sent some Horse and Dragoons to pursue some of Duke Hamiltons Officers who were got together in the Cheviot Hills 3. All the day was spent upon the business of the Militia for setling it and upon the question it was carried in the Affirmative for it 4. Letters from the General that he received many complaints of the insupportable burden people ly under by his Souldiers taking of free quarter upon them though they pay their assessments and have been alwaies well affected to the Parliament He desires a speedy course may be taken for payment of the Army that thereby his Souldiers may be inabled to pay their quarters and the People may not be oppressed by free quarter any more Order that four Members of the House do go down to the General to take Notice of his good service to congratulate his good success to return him the thanks of the House and to acquaint him with what they had done upon his Letter for bringing in of monies for the Army that free quarter might be taken off They presently sent a Message to the Lords desiring them to pass the Ordinance which had many days remained with them for bringing in the assessments for the Army their not passing whereof occasioned the taking of free quarter Order that the General be desired so to quarter the Army as may be least burdensome to the several Counties especially to such as have paid their assessments Letters from the North that all things were agreed between the several parties in Scotland all are to lay down Armes Berwick and Carlisle to be surrendred to Lieutenant General Cromwell a Parliament to be called in Scotland and none to be of it that were in the Engagement against England The Lords concurred with the Commons for five hundred pound to be given to Colonel Monk and to make him Governour of Carickfergus and for two hundred pounds to major Brough who brought Major General Monroe to London The Lord Inchequin's Son sent into Ireland to be exchanged Order for a thousand pound for Coals for the Poor of London and Southwark according to a grant of King James Order for the Commissioners of the Seal to bring in a list of names for Judges to fill all the Benches Referred to the Committee at Derby House to consider of the supernumerary Souldiers 5. Debate touching the Navy and for a Winter Guard for which they ordered two thousand seven hundred eighty five men and the Committee of the Navy to provide victuals c. and fifty thousand pound ordered for them Several orders for raising monies for the use of the Navy 6. Letters from the Lord Goring and Lord Capel that they took Notice of an Order of the House of Commons for impeaching them of High Treason and informe that quarter was given them by the General who had writ to the House to that purpose order that the General explain his Letter as to this point Order for six hundred pound for disbanding the new raised Forces in Dorsetshire Upon a Petition of the Clothiers of Kent referred to a Committee to consider of the decay of trade
and Officers 1. That in regard of the new Garrisons of Berwick and many other places that provision may be made for three thousand Foot to be continued more than the former establishment 2. More Officers of the Train 3. That the General give command against listing any new Recruits 4. Touching pay of the Army and deduction for free quarter 5. That the Army be drawn into Towns c. 6. That by Towns is meant Market Towns and the streets near to them only 30. Voted that the Kings Message as to Delinquents was un-satisfactory in all the clauses thereof And several Votes admitting of Compositions at lower rates than before and that persons excepted as to life should be admitted to composition at a full Moiety of their Estates except only seven Persons which were not then named Vote that Wiliam Powell John Clerke John Eltonhead Robert Nicholas John Parker and Robert Bernard Esquires should be made Sergents at Law Order to the Committee of Norfolk about securing a Ship and Goods cast away upon that Coast The Lords moved that the dispute about Sale of Bishops Lands might be waved at present and the rest agreed by both Houses to be sent to the King but upon reasons given by the Commons that in regard their Lordships had concurred to abolish Bishops that it could not be if their Lands should not be disposed of and divers of them had been already sold upon the authority of an Ordinance of both Houses the Lords hereupon concurred with the Commons Letters from York of Cromwels coming to Newcastle with his Army and being highly treated there and of his ordering Forces for strengthning the siege of Pomfret that the Army kept a day of thanksgiving for their good success in Scotland That a Souldier by judgment of a Council of War was shot to death for plundering in Scotland That Cromwel and his Officers had a meeting with the Gentlemen of the four Northern Counties who agreed upon a Petition to the Parliament for justice against Delinquents and for a Commission of Oyer and Terminer to be sent down to try such as they should apprehend and for pay for one thousand two hundred Foot in Berwick and a Regiment of Horse under Colonel Fenwick and for eight hundred Foot in Carlisle and a Regiment of Horse Letters from St. Albans mentioning a Petition to the General from Colonel Ingoldsbyes Regiment reciting the hazards charges and victories of the Army and good People of the Parliaments party That nothing remains to be done to make the hazards of their lives and loss of so much blood effectual but an immediate care that Justice be done upon the principal invaders of all their liberties namely the King and his party That they will live and die with the Parliament in their Declaration of non-Addresses to the King That they apprehend with grief that all their Harvest should end in Chaff and what was won in the Field should be given away in a Chamber and they doubt the issue of the Treaty will be neither just nor safe They pray his Excellency to re-establish a General Council of the Army to consider of some effectual remedies hereunto by representing it to the House of Commons as the Petitioners of London and other places have done or in such other way as his Excellency and his Council shall think fit 31. Order to injoyn all the Members of the House to pay their Assessments to the Army equal with the rest of the Subjects Vote that his Majestics answer concerning the Church was un-satisfactory Letters of the Lord Ormonds treating with the confederate Roman Catholicks in Ireland for peace Letters from Edenburgh of a Declaration to prevent injuries or abuses to Major General Lamberts Souldiers That Lieutenant General Gromwel and Sir Arthur Haselrigge were in as high honour with the well affected party in Scotland as ever any of the English were Letters from York that the Garrison of Pomfret had killed and taken divers of the Parliaments Forces that sometimes they have Cessations and drink to one another by the names of brother Roundhead and brother Cavalier That the difference between Sir Henry Cholmely and Colonel Rainsborough who shall command in chief the Forces before Pomfret gives great advantage to the Garrison there November 1648. 1. Order for the Commissioners of the Great Seal to pass a Patent of the place in the Tower formerly given to M r Nichols one of the eleven Members to hold for his life Vote that his Majesties Message concerning Ireland was un-satisfactory The like concerning raising of Monies to pay publick debts Order that the two Catechisms be sent to the Commissioners to be presented to his Majesty Letters from Doncaster that forty Horse sallied out of Pomfret towards Doncaster where they killed the Centinel then three of them rode on to Doncaster and asked for Colonel Rainsboroughs Quarters and came to his Chamber there called to him and said they had a Letter from Lieutenant General Cromwel That the Colonel rose and opened his door to them expecting such a Letter that morning and presently the three Pomfret Souldiers fell upon him shot him into the Neck and another shot him into the Heart with other Wounds and left him dead escaping away without any alarm given 2. Message from the Lords for adding fourteen days more to the Treaty with his Majesty Vote that the Kings answer touching the Court of Wards was satisfactory And that one hundred thousand pounds per annum should be setled on the King and his Heirs in lieu of the Revenue of that Count provided it be not alienated from the Crown Several Messages from the Lords in furtherance of the Treaty Information of terrible designs on foot to kill the Parliament men and of suspicion that the Earl of Warwick would prove false to the Parliament 3. A Petition of the Merchants Trading into France referred to the Committee of the Navy to examine and report the grievances complained of by them Upon a Message from the King Ordered that Dr. Vsher Bambridge Prideaux Warner Fern and Morley have leave to go to his Majesty for information of his Conscience The Commons concurred with the Lords to add fourteen daies more for the Treaty with his Majesty And ordered a Committee to propound to the Common Council of London the loan of four thousand pounds more for the Treaty Referred to Lieutenant General Cromwel to take special care and strict examination concerning the Murther of Colonel Rainsborough Vote that his Majesties answer concerning his declaring against the conjunction of the Lord Ormonds Forces with the Rebels of Ireland was un-satisfactory his Majesty justifying the Lord Ormond in that bloody act 4. Vote of both Houses that any three of the Commissioners with his Majesty one Lord and two Commoners might continue upon the business of the Treaty and the rest to return if they pleased to London Debate about guarding of the
Wilde are a person thus qualified and very well deserving from the Common-wealth they have thought fit to place you in one of the highest Seats of Judicature and have Ordained you to be Lord Chief Baron of this Court The freedom of this choice without seeking or other means for promotion this publick consent for your preferment cannot but bring much satisfaction to your own conscience and encouragement to your endeavours against all burdens and difficulties which attend so great and weighty and Imployment Custom and the due Solemnity of this work and the honour of that Authority by which we meet requires something to be said upon this occasion and the Commands of my Lords have cast it upon me for which reasons though I acknowledge my unfitness to speak upon this subject yet I presume upon a fair and favourable interpretation I shall borrow a little part of your time in speaking of the antiquity of this Court and of your Office in it and of the dignity and duty of your place For the Antiquity of this Court my Lord Coke in his Fifth Report and 9 Edward 4. fol. 53. and other Books affirm that the four Courts in Westminster-Hall are of great antiquity and that no man can tell which of them is most antient But if you Credit Lambert in his Archeion fol. 28. this Court was erected here by William the Conqueror after the pattern of his Exchequer in Normandy and for proof hereof he cites Gervasius Tilburicusis but under correction I find in this Author a doubt made by himself whether this Court were not in the time of the English Kings and if so it was before W. 1. time Lambert saith in the same place that this Court is of great Antiquity and the orders and customs of it not to be disobeyed Gervase of Tilbury asserts the great Antiquity and Customs of it and if you reckon the antiquity and customs as we must from the time of his Book which was dedicated to Henry the Second and the Author ackowledgeth that he had conference with the Bishop of Winchester who was son to the Conqueror's sister this Court must be before the Conquest or it will hardly deserve the words great antiquity and Customs when Gervase of Tilbury did write being so near the Conquest Lambert who citeth him also observes that the Exchequer in Normandy was the Soveraign Court for administration of Justice and that it differeth not a little from the Exchequer here the less reason under his favour to have been a pattern for it I find in rot Normanniae 2 Johan a Writ Baronibus de Scaccario in Normannia and the word Baron being Saxon not likely to be brought out of France hither and in France this kind of Court in all the Parliaments is called La Chambre des finances as may be seen in Pasquier recherches and Haillan and so it is called in Normandy at this day the alteration being made there by Lewis the 12. and if we credit him that derives the word Scaccarium from the Saxon words Schats for treasure and Zecherie an Office the word is more likely to be fetched out of England into Normandy than the contrary My Lord Coke in his preface to the Third Report citeth Will. de Rovill his Comment upon the Grand Customier of Normandy and it is in the beginning of it that those Customs were taken out of the Laws of England about the time of Edward the Confessor who he saith was harum legum lator And with this agree Seldens Duello fol. 22. Cambden the Book de antiquis Britanniae legibus and others who also hold that before the Conquest we had Escheats tenures reliefes and Sheriffs in England the principal business of this Court The Register the antient Book of our Law hath divers Writs that were in use before the time of W. 1. and many of the most antient of them are directed The saurario Baronibus de Scaccario and the Mirror of Justices which my Lord Coke saith in his preface to the Tenth Report was for the most part written before the Conquest speaks of this Court and of the deux Chivalier qui solient estre appellez Barons in this Book and in the Register and in the black Book here where there is mention of the Exchequer is also mention of the Barons the principal Judges of the Court. But with this matter I have troubled you too long what hath been said upon it was to clear a mistake touching the Antiquity of this Court and for the honour of our Law and of this Court and of your Office in it being so antient as can scarce be parallell'd in any other Nation With the Antiquity of your Office there hath always gone along great dignity and honour Sir Roger Owen in his manuscript discourseth plentifully on this subject and cites Prudentius who calleth Judges the great lights of the Sphere and Symmachus who stiles them the better part of mankind Indeed in all Nations and times great reverence and respect hath been deservedly given to them we find the Judges often named Lords and Barons in our Books of Law and Records as 14 Henry 4. fol. 6. recites that it was determined for Law in temps Monseigneur Robert Thorpe and in the Stat. 21. R. 2. cap. 12. mention is of my Lord Wi. Rickel who was a puisne Judge of the Common-Pleas the like is in many other places of our Year-Books and Records When magna Charta was made it seems that the Barons of the Exchequer and the Kings Justices were held for sufficient Peers of Barons On this occasion we may observe amongst many others in the Lieger-Book of the Abbey of Peterburgh two notable Records of fines levyed the one 29 Henry 2. before divers Bishops and Ranulpho de Glanvill Justiciario domini Regis Richardo Thesaurar W. Maldunt Camerar and divers others coram aliis Baronibus ibi tum praesentibus And another 6 R. 1. before the Archbishop of Canterbury and other Bishops aliis Baronibus as Justices of the Common-Pleas Hoveden P. 702. noteth of the great Chancellor in R. 1. 's time who was Custos Regni in the Kings absence nihil operari voluit in regimine regni nisi per voluntatem consensum sociorum suorum assignatorum per consilium Baronum scaccarii In these and many the like places the word Baron cannot signifie that meaning wherein it was sometimes taken of the Saxon Idiom for a free-holder as Barones London the Freemen of London Barones quinque portuum the Freemen of the Cinque Ports and Court Baron the free-Suitors Court but it must be taken in the places before cited for the name of Dignity and Title in this Kingdom which hath been so antient and was and is of so great honour and esteem amongst us You see what Dignity and Honours and deservedly the custom of this Nation affords unto their Judges Aristotle in his Politicks tells us that the Magistrate is set above the People
aiding the King in his Wars and of an Act for making void all honours conferred on persons without the consent of both Houses And of an Act for the due observation of the Lords day Order for two great Cannons to be sent down to the Forces before Pontefract and Scarborough The House required an account concerning the taking off of the Sequestration of Sir John Winters Estate Order for addition of seven days more time for the Treaty at the Isle of Wight Letters from St. Albans that the General Officers of the Army upon their several meetings at the head quarters had agreed upon a Large Remonstrance to be presented to the Parliament The new Serjeants appeared at the Chancery Bar and Whitelock made the speech to them to this Effect M r Serjeant S t John and the rest of you Gentlemen who have received Writs to be Serjeants at Law IT hath pleased the Parliament in commanding these Writs to issue forth to manifest their constant resolutions to continue and maintain the old setled form of Government and Laws of the Kingdom and to provide for the supply of the high Courts of Justice with the usual number of Judges and to manifest their respects to our profession And likewise to bestow a particular mark of favour upon you as eminent Members of it the good affections to the publick and the abilities of most of you they know by experience among themselves and of the rest by good information I acknowledge that the burthen of this business lies heavy upon me in regard of my own weakness And the worthiness of the Persons to whom my words are directed but as I am of the least ability to give so you have the least need to receive Instructions I should be unwilling to see the solemnity of this general Call diminished and am the rather perswaded to supply my present duty for several respects 1. For the honour of that Authority which commands your attendance and my service upon this occasion 2. For the honour of this Court which challengeth a great share in this work your Writs issuing from hence your appearance here Recorded and your Oath is here to be taken 3. The honour and particular respects which I have of you that are called to this degree 4. And lastly out of my own affections to the degree being my self the Son of a Sergeant and having the honour to be one of your number in this Call and I do acknowledge that both in my descent and fortune I am a great debtor to the Law For these reasons I presume especially being with those from whom I have by long acquaintance found much friendship that I shall now receive a fair construction of what I speak upon this very great subject My observations shall be upon your Call by Writ and upon the Writ it self Your being called by Writ is a great argument of the antiquity of Sergeants The Register hath many Writs as my Lord Coke holds in his Preface to the 10. Rep. that were in use before the Conquest and in the most antient Manuscript Registers is your Writ of the same form with those by which you are called and if there had beeen any alteration within time of memory it would probably have been extant We find Sergeants at Law often mentioned in our Year-Books and in the Records in the Tower as high as the beginning of E. 1. and by Bracton who wrote in H. 3. time And it may probably be conjectured that William de Bussey was a Sergeant by his habit of the Coif and his Office Of whom Matthew Paris relates 42 H. 3. that he was Seneschallus Principalis Consiliarius Gulielmi de Valentia and being accused for great crimes upon his Tryal when he could not acquit himself Voluit ligamenta suae Coifae solvere ut palam monstraret tonsuram se habere clericalem and so to have avoided judgment but it would not serve his turn Thus far it is granted by a little Manuscript treatise which endeavours to detract from the honour of this degree and therefore requires an answer It asserts that by Magna Charta Communia placita non sequantur curiam nostram the Court of Common-Pleas was crected and that some of our profession by Writ then framed were commanded to attend that lower Court the Lawyers being generally unwilling to leave the Kings House where the other Courts of Justice then sate and to attend this new Court elsewhere It is reasonable well that they are allowed the antiquity of 9 H. 3. and by this as antient as the Common-Pleas Court but the errour that this Court was erected 9 H. 3. is sufficiently refuted The same great Charter is in Matthew Paris in King John's time with the words of Communia placita c. in it but I presume his meaning is that before the Statute of Magna Charta there was no Court of Common-Pleas though his words be before 9 H. 3. It is manifest by undeniable Authorities out of antient Manuscripts and Rolls and the black Book of Peterburgh that Cases were adjudged in R. 1. and H. 2. time coram Justitiariis in Banco residentibus and the names of those that were then Judges of this Court are set down many years before Magna Charta was granted which by Hoveden Paris and others are said to be the Laws of Edward the Confessor And if itbe admitted that Sergeants are as ancient as these Laws they allow them the Antiquity of the Confessor and if as ancient as this Court they are certainly as ancient as any thing in our Law But the Author of this Treatise affirmeth that before the Erection of the Court of Common-Pleas it cannot be shewed that there were any special Sergeant Pleaders I am of his opinion and likewise that no man can shew when that Court was first erected which is also the opinion of my Lord Coke 5. Rep. 9 Ed. 4. Sir Roger Owen Lambert and others Yet if the Author mean that before Magna Charta 9 H. 3. there were no such Sergeants he may be satisfied the contrary out of Hoveden and Paris who lived in R. 1. and H. 3. time and are Authors of good Credit They recite the Charge of the Justices in Eyer given in R. 1. and King John's time One of their Articles is to Enquire of the Sergeants at Law and Attorneys Fees In the Book of Entries in a Bill of Debt against a Sergeant at Law in the Common-Pleas he shows and prescribes that Sergeants could not be sued there by Bill but by Writ out of the Chancery and this being by Prescription shows that Sergeants were before the time of Rich. 1. And the Mirror of Justices which I presume they will not deny to be yet more ancient which my Lord Coke holds to be written before the Conquest saith a Countor est un Sergeant Sachant in la Ley de Realm to pronounce and defend Actions in Judgment From the Antiquity of the degree I come
said orders and that Colonel Hammond be set at Liberty to attend his charge in the Isle of Wight The Town was full of fears of the Army 30. The question whether the Remonstrance of the Army should be taken into speedy consideration was by ninety voices resolved in the Negative Report of the Letters from the General to the Committee of the Army wherein he takes Notice that the Committee intend not to furnish him with money for contingences which of necessity must be had for pay of Messengers and incident charges that he must be forced thereby to receive monies for this purpose out of the Collectors and Receivers hands where he can find it if speedy course be not taken to supply him This was held in the Debate an high and unbesceming Letter from the General but in conclusion it was referred to the Committee of the Army to take such course as they shall think fit for pay of the arrears of the Army Debate touching pay for the reduced Officers Intelligence from the Head quarters That a full Council of the Army had agreed upon a Declaration expressing their sad apprehensions of the danger and evil of the Treaty with the King and of any accommodation with him or restitution of him thereupon Then they recite their late Remonstrance presented to the Commons the Heads whereof they justify but say that to their grief they find that instead of any satisfaction or a reasonable answer thereto they are wholly rejected and the consideration thereof delayed from day to day That they can see in the Majority of those trusted with the great affairs of the Kingdom nothing less than a treacherous or corrupt neglect of and apostasie from the publick trust reposed in them And considering that as to the breach of that trust there is no higher formal power of man in being to appeal unto for judgment in such case as all others concerned in such breaches of trust will so as they cannot but exercise that Common judgment which in their Natural capacity is left to them And there being no way of a just succession of another proper Judicature to be appealed unto in due time and they being convinced of the greatness and destructiveness of those evils they have declared against and of the necessity of those better things they have propounded and how inconsistent with the publick trust and fundamental ends of it still to pursue the one and reject the other as that they dare appeal to the common judgments of indifferent and uncorrupted men and to the more righteous judgment of God above all That this Parliament being sole Judges of their own performance or breach of trust they hold themselves necessitated to and justified in an appeal from this Parliament in the present constitution as it stands unto the extraordinary judgment of God and good People Yet that in the prosecution of this Appeal as they will drive it on but to the speedy obtaining of a more orderly and equal judicaâ—ure of men in a just Representative according to their Remonstrance where in to acquiesce so they will endeavour to preserve so much of the matter and form of the present Parliamentary Authority as can be safe or useful till a just constitution can be introduced That they should rejoyce if the Majority of the House of Commons would become sensible of the destructiveness of their late way and would exclude from Communication in their Councils all such corrupt and Apostatized Members as have obstructed justice safety and publick interest However they desire that so many of them as God hath kept upright would by protestation or otherwise acquit themselves from such breach of trust and would withdraw from such as persist in the guilt thereof and that they will own such as shall so do as having materially the chief trust of the Kingdom remaining in them and shall adhere to them and be guided by them in their faithful prosecution of that trust till a more full power in a just Representative may he indeavoured That they will not hereby take any advantage to themselves in profit or power but should he willing to be presently discharged if they could but obtain a rational assurance for the effectual prosecution of these things and should give a proportionable assurance on their Parts concerning their laying down of Armes when required That for all these ends they are drawing up with the Army to London there to follow providence as God shall clear their way By the appointment of his Excellency the Lord Fairfax Lord General and his General Council of Officers held at Windsor Nov. 30. 1648. Signed Jo. Rushworth Secr. Major Cromwell returned with Letters from Colonel Hammönd that he was detained at Windsor and that Colonel Ewers had the charge of the Kings person in the Isle of Wight the Lords pressed on the consideration of his business December 1648. 1. The General Wrote a Letter to the Lord Mayor and Common Council of London to this effect That being upon an immediate advance with the Army towards London they thought fit to give them notice of it and for the grounds thereof refer them to the late Remonstrance and Declaration of the Army That they are far from the least plunder or wrong to any and for the better prevention of any disorder they desire forty thousand pound may be paid to them to morrow night and they will quarter in the void and great Houses in and about the City A report by the Commissioners of all his Majesties concessions at the Treaty twice read over and long and smartly debated About two a Clock the question was put whether they should then debate whether his Majesties answers and concessions were satisfactory or dissatisfactory and carried in the Negative and Ordered to resume the debate to morrow morning The Lord Wenman M r Holles and M r Pierrepoint three of the Commissioners who came last to the Town had the thanks of the House for their great pains and care in managing of the Treaty A Committee of the Common Council acquainted the House with the Letter they received from the General upon which the Common Council would not do any thing till they knew the pleasure of the House After a long debate till eight a Clock at Night it was voted That the House taking notice of the great arrears due from the City of London to the Army do declare that it is the pleasure of the House that the City do forthwith provide forty thousand pound of their arrears upon security of the said arrears And that the House doth leave it to the City either by Committee or Letter or otherwise as they shall think sit to address themselves to the General And that a Letter be written to the General upon the heads of this daies debate and that he be acquainted therein that it is the pleasure of the House that he do not remove the Army nearer to London In all places
a Pass for himself and his attendants forty Horse but none other to go over with him Report by Lieutenant General Cromwell from the Committee of Estates that according to the Order of the House nineteen of the Committee had subscribed for approving the Kings execution but that two and twenty of the Committee had refused Not but that they confest except one the Commons in Parliament to be the supreme power of the Nation and that they would live and dye with them in what they should do for the future But they could not confirm what they had done in relation to the King and Lords this report was committed Debate about disbanding the Kentish Forces and referred to a Committee to examine the publishing of Papers to Proclaim the Prince to be King The high Court of Justice sate and witnesses proved that the Earl of Cambridge was Prisoner to the Lord Grey before the Articles with Major General Lambert were concluded Letters produced signed with his own hand to Sir Marmaduke Langdale touching the carrying on of the design in England and passages touching his Friends in Colchester Proved also that he was called by the late Kings Writ to sit in Parliament in the Lord Houses by the name of Earl of Cambridge and appeared as Earl of Cambridge and acted as a Peer of England sitting in the Lords House and in divers Committees That as a Peer of England he took the National Covenant and subscribed to it Cambridge in the House of Peers and took the Negative Oath before the Commissioners of the Great Seal as a Peer of England Letters from Scotland that Sir Joseph Douglas was chosen by their Parliament to go to their new Proclaimed King to acquaint him with what the Parliament had done and to desire him to take heed of evil Counsellours That they are putting the Kingdom into a posture of defence Colonels chosen in all the Shires and every fourth man to be arrayed and trained Letters from Pontefract that one Beaumont a Priest was executed for corresponding with the Garrison in Characters and he chose to dye rather than to discover the Characters At the Council of State they were all demanded to subscribe the test appointed by Parliament for approving all that was done concerning the King and Kingship and for taking away the House of Lords and against the Scots invasion c. All the Lords and divers other Members of the Council refused to subscribe this test the General desired to be spared for what was past as to subscribing but he and the rest of the refusers affirmed that for the future if the Parliament thought them worthy to be imployed they would joyn with them and faithfully serve them Many of the Commons refusers to sign it as it then was made divers scruples some to one part of it some to another Whitelock scrupled that part of approving the proceedings of the High Court of Justice because he was not privy to them nor did know what they were in particular nor ever heard any report of them made to the house and not knowing what they were he could not sign that paper to approve of them the like was said by divers others 20. Offer for Merchants approved to send out Ships at their own charge in the next Summers Fleet. Order for three thousand pound for the Maimed Souldiers and for Sale of the Crown Jewels Hangings and goods to raise money for the Navy An Act for the Commons to call Common Councels in London Debate about the Act for Sale of Deans and Chapters Lands 21. Letters directed from the House to the Judges in their Circuits to give order for due payment of the Excise and that all rioters against it be punished Upon a report from the Council of State an Act passed for repealing the Commission to the Earl of Warwick as Lord Admiral and an Act Ordered to be brought in giving power to the Commissioners of the Navy to command the Fleet as the Lord Admiral had done An Act passed for the Company of Weavers in London The Hart Frigat revolted to the Prince the Sea-men set the Captain on shore the Prince was courted at the Hague as King but not by the States publickly The High Court of Justice sate and their order was read to the Lord Capel that they would hear what he could say this day and then proceed to judgement He said he was to be comprehended wholly in the Martial Law and urged the Articles again which excepted Tryal after by Parliament that divers that were in Colchester in his condition had compounded That breaking Prison for Treason by Common Law was but felony and benefit of Clergy might be had at last when he could not get the resolution of the Court to be referred to a Tryal by Martial Law He moved that he might not be barred of additional defence and that if he must be judged by the Common Law he hoped he might have the full benefit of it He urged for it the late Act which saith though King and Lords be laid aside yet the fundamental Laws shall be in Force He recommended to the Court Magna Charta and the Petition of Right and prest the consideration of the Act made in favour of those who assisted K. Hen. 7. and the exception in the Acts touching the Lord Strafford and Canterbury that they should not be drawn in precedent He desired to see his Jury and that they might see him and to be tryed by his Peers and said he believed that a precedent could not be given of a subject tryed for his life but either by Bill in Parliament or by a Jury Witnesses were heard against the Earl of Cambridge 22. Debate about the business of the Navy and to incourage the Sea-men Order that the Councel of State take care for preserving the Library Medals and Statues at St. James's An expedient assented unto for the Members of the Council of State that they should subscribe the test to approve of what shall be done by the Commons in Parliament the supreme Authority of this Nation but nothing of confirming what was past Referred to the Council of State to take care for the preserving of Timber for the Navy The Earl of Cambridge brought before the High Court produced his witnesses some of whom were disallowed being Officers under him and so Participes Criminis He pleaded that he had not broken the Negative Oath for he had not ingaged against the Parliament but for the ends in the Scots Declaration His Council moved that they might with the Council of the Common-Wealth state the case of the Earl but this was denyed being in case of Treason and that the Earl's Council could only declare their opinions in point of Law Upon the Earl's desire he had further time granted him The Council of the Army Ordered some to prepare a draught of such things as might be presented by them to the
answer for the Life of Dr. Dorislaus The Parliaments Ships brought in Provisions to Dublin The Mutineers taken at Burford were by a Councel of War sentenced to die 19 Divers Delinquents complained of the greatness of their Fines and referred to the Committee of Goldsmiths-Hall Divers of the Mutineers at Burford were shot to death Tomsons Brother was penitent others dyed desperately Upon the penitence of them craving Mercy and acknowledging their Fault Cromwel brought them word from the General that only every 10th man should die Their chief Leader Tomson got Possession of Northampton and of the Ordnance Ammunition Provisions and Mony there with 2. Troops of Horse and some Levellers out of the Country came in to him 21 Letters from the General that Thomson being gone from Northampton to a Town near Wellingborow M. Butler was sent with a select Party of Horse to pursue him who fell into his Quarters and took his Men and Thompson himself escaped to a Wood Butler pursued beset the Wood and sent a Party into it where they found Thomson He was well mounted and though alone yet he desperately rode up to Butlers Party shot a Cornet and wounded another and then retreated to a Bush having received two Shots himself When the Party began again to draw near to him he charged again with his Pistol and received another Shot and retreated the third time he came up saying he scorned to take Quarter and then a Corporal with a Carabine charged with seven Bullets gave him his Deaths Wound that the Lieutenant of an Oxfordshire Troop was likewise slain Order for the Commissioners of the Seal to issue out Commissions of Oyer and Terminer to fit Persons in Oxfordshire and Northamptonshire for Tryal of the Persons taken in the late Rebellion Order that the Councel of State the Lord Major and the Justices of Peace and Officers of the Militia in London and Westminster do take care for appreh ending such as were in the late Rebellion and that the Attorney General prepare a Proclamation for the apprehending of them in the several Counties The Pension of 500 l. per annum to the Earl of Nottingham ordered to be continued and by the means of Sir Arthur Haselrigge and Whitelock the Countess his Wife had the other 500 l. per annum ordered for her An Act past for draining the great Level of the Fennes Salary of 4000 l. per annum to Dr. Gourdon as Master of the Mint A Declaration published of the Parliaments ill Resentment of the horrid Murder perpetrated on the Body of Isaac Dorislaus Dr. of the Laws their Resident at the Hague An Act published declaring and constituting the People of England to be a Commonwealth and Free State Letters from Scotland that Lieutenant General David Lesley defeated those in the North of Scotland for which a day of thanksgiving was appointed and for the General Deliverances and Successes expressed in a Declaration That a Plot of a new Rebellion and to kill the Marquess of Argyle and the L. Burlegh in St. Johns Town was discovered by one of their own Party and divers of the Conspirators taken and executed Letters from Portsmouth that the Levellers began to appear in those Parts and in Devonshire but the Army Soldiers whom they expected to joyn with them were readier to fight against them 22 Order for a Letter to be sent from this Parliament to the Parliament of Scotland for a right understanding and firm League and Amity between the two Nations and that Commissioners of both Parts may meet and treat for that purpose Referred to the Committee of the Army to prepare Copies of the Act touching free Quarter to be sent to every Regiment of the Army with a Letter to the General to cause it to be observed Order for the Committee of Haberdashers-Hall to have power to give Oaths to Witnesses and for an Act to impower all Committees to do the like Upon Mr. Mabbols Desire and Reasons against licencing of Books to be printed he was dicharged of that Imployment The General and Lieutenant General and other Officers of the Army were solemnly welcomed and highly feasted at Oxford and the Proctor Zanchey presented the General and Lieutenant General Drs. of Laws and other Officers Masters of Arts and divers learned and congratulatory Speeches were made to them by the Vice-Chancellor the Proctors and other Heads and Officers of the University 23 Several Votes of the Committee at Goldsmiths-Hall touching Delinquents and their Compositions confirmed by the House and ordered to be Printed Upon a Letter from the General for a Lecture to be set up in Oxford and for Dr. Renolds Mr. Carrol and Mr. Thomas Goodwyn to be Lecturers there referred to the Committtee of Oxford to have it done Visitors added for the University of Oxford Upon a Report from the Councel of State referred to them to take care for repairing the Castles of Sandown Deal and Wymere Some Mariners that revolted and since were taken by the Parliaments Ships were tryed by a Councel of Sea Officers and executed Letters from the Hague of great Preparations for the new King of Scotland to go to Sea that Montross is to go for Scotland and to have such Forces as Germany Sweden and Denmark afford 24 Upon the Desire of the Towns of Sarum Pool and the County of Devon who had advanced considerable Summs for the Parliament Order that they might double those Sums in the purchase of Deans and Chapters Lands Order for the D. of Glocester and the Lady Elizabeth the late Kings Children to be under the tuition of the Countess of Carlisle and 3000 l. per annum allowed for their Maintainance Order for Repayment of Mony lent by the City for carrying on the Treaty Order for 3 pence per pound Salary for the Trustees for sale of Bishops Lands Order that the Speaker writing to Forraign States should stile himself William Lental Speaker of the Parliament of England A Committee named to peruse the Orders of the House after they should be drawn up and to see that they should be rightly entred A Provost Marshal appointed with power to seize upon Malignants and disaffected Persons 26 The Act touching Debts debated and recommitted Order for Mony for poor Widdows and Wives of Soldiers Report by Lieutenant General Cromwel of the suppressing of the Levellers the House gave him their hearty thanks for that great Service and ordered one of thir Members to attend the General with the hearty thanks of the House for his great Service in that Business and ordered a general day of thanksgiving for that great Mercy 28 An Act passed for auditing the Accounts of the Soldiery and securing of their Arrears particular Care being had of those who shall go for Ireland The Act for giving Power to all Committees to give Oaths reported from the Committee and upon the Question rejected and an Act for continuance of the making of Salt-peter as formerly was rejected
to hunt after them a Party of the Enemies Horse fell suddenly upon them and took 64 of them Prisoners That Mr. White who formerly betrayed the Bogg of Allen to the Rebeils coming from them to Dublin was met with and killed by the Tories That the Lord Deputy Ireton came to the Siege of Catherlow and sent Collonel Axtel with 1100 Horse and Foot to Tecrohan That the Lady Fitz-Gerald whom the Souldiers called Col. Mary she defending Tecrohan wrote to her Husband for Supplyes else that she must be forced to surrender upon Conditions and that none in the Castle but one doth know her wants 22 Letters of much trouble in Scotland by reason of the Army of English Sectaries marching Northwards That one Whitford another of the Assacinates of Dr. Dorislaus was executed in Scotland as one of Montrosses Party 24 Letters that the King had left Holland and either was already or would shortly be in Scotland That a Holland Ship Loaden with goods for Edenburch was taken by the Parliaments ships and brought to Newcastle That the Scotch Levyes proceed apace and some Lords are questioned for having a hand in the Invasion of Montross 25 Orders touching the Forces marching Northwards and about Recruits for Ireland and for Widdows maintenance whose Husbands were slain in the Parliaments Service An Act passed for continuance of the Committee for the Army and Treasurers at War An Act passed for constituting M. G. Skippon Commander in chief of all the Forces in London and the Lines of Communication The Act touching Articles of War continued for six Months Debate of an Act for suppressing Raunters An humble Acknowledgment to the Parliament from the Gentlemen and well affected of South-Wales with thankfulness and Profession of their future duty and Obedience And the Speaker gave them the hearty Thanks of the Parliament The juncto of the Councel of State with whom Cromwel consulted having Intelligence of the Kings resolution for Scotland and of the Laws there made of Forces to assist him in his intended Invasion of England whereof they had more than ordinary assurance They thought it therefore not prudent to be behind hand with their Enemy nor to be put to an after Game to stay till they should first invade England but rather to carry the War from their native Country into Scotland As to the Objection that their invading Scotland would be contrary to the Covenant they were satisfyed that the Covenant was by the Scots broken and dissolved before and was not now binding betwixt the two Nations and the levying of Forces In Scotland and marchinng some of them to the Borders of England with the Hostile Acts done by them formerly were sufficient Grounds for the Parliament to provide for the Security of themselves and Countreymen the which could not be so effectually done as by carrying the War which they designed upon us unto their own Doors Upon these and many other weighty considerations it was resolved here That having a formed Army well provided and experienced they would march it forthwith into Scotland to prevent the Scots Marching iuto England and the Miseries accompanying their Forces to our Conutreymen The Ld. G. Fairfax being advised with herein seemed at first to like well of it but afterwards being hourly perswaded by the Presbyteriam Ministers and his own Lady who was a great Patroness of them he declared himself unsatisfyed that there was a just ground for the Parlament of England to send their Army to Invade Scotland But in case the Scots should invade England then he was forward to ingage against them in defence of his own Country The Councel of State fomewhat troubled at his Excellencies scruples appointed Cromwel Lambert Harrison St. John and Whitelock a Committee to confer hereupon with Fairfax and to endeavanr to satisfy him of the Justice and lawfulness of this undertaking The Committee met with the L. G. Fairfax and being shut up together in a room in Whitehall they went first to Prayer that God would direct them in this business and Cromwel began and most of the Committee prayed after which they discoursed to this effect Cromwel My Lord General we are commanded by the Councel of State to conferr with your Excellency touching the present design whereof you have heard some debate in the Councel of marching the Army under your Command into Scotland and because there seemed to be some hesitation in your self as to that Journey this Committee were appointed to endeavour to give your Excellency Satisfaction in any doubts of yours which may arise concerning that affair and the Grounds of that resolution of the Councel for the Journey into Scotland Lord General I am very glad of the Opportunity of conferring with this Committee where I find so many of my particular Friends as well as of the Commonwealth about this great business of our March into Scotland wherein I do acknowledge my self not fully satisfyed as to the grounds and justice of our Invasion upon our Brethren of Scotland and I shall be glad to receive satisfaction therein by you Lambert Will your Excellency be pleased to favour us with the particular Causes of your Dissatisfaction Lord General I shall very freely do it and I think I need not make to you or to any that know me any Protestation of the continuance of my Duty and Affection to the Parliament and my readyness to serve them in any thing wherein my Conscience will give me leave Harrison There cannot be more desired nor expected from your Excellency Whitelock No Man can doubt of the Fidelity and Affection of your Excellency to the Service of the Commonwealth you have given ample Testimony thereof and it will be much for the advantage of their affairs if we may be able to give you satisfaction as I hope we shall touching the particular points wherein your doubts arise St. John I pray my Lord be pleased to acquaint us with your particular Objections against this Journey Lord General My Lords you will give me leave then withall freeness to say to you that I think it doubtful whether we have a just cause to make an Invasion upon Scotland With them we are joyned in the national League and Covenant and now for us contrary thereunto and without sufficient cause given us by them to enter into their Country with an Army and to make War upon them is that which I cannot see the justice of nor how we shall be able to justify the lawfulness of it before God or Men. Cromwel I confess My Lord that if they have given us no cause to invade them it will not be justifyable for us to do it and to make War upon them without a sufficient ground for it will be contrary to that which in Conscience we ought to do and displeasing both to God and good men But My Lord if they have invaded us as your Lordship knows they have done since the national Covenant and contrary
Second Charter dated anno 15. of his Reign he sayeth In Honour of King Edward who made me his Heir and adopted me to rule over this Nation In his Charter dated 1088 of the Liberties of St. Martins the Great in the Manuscript thereof are these words In Example of Moses who built the Tabernacle and of Solomon who built the Temple Ego Gulielmus dei dispositione Consanguinitatis haereditate Anglorum Basileus c. The Charter of H. 1. his Son to this Abby In Honour of Edward my Kinsman who adopted my Father and his Children to be Heirs to this Kingdom c. In another Charter of Henry 1. in the Book of Ely he calls himself the Son of King William the Great who by hereditary right succeeded King Edward It is true that as to his pretence of Title by the Will of the Confessor Mathew Paris objecteth That the device was void being without the consent of the Barons To which may be answered That probably the Law might be so in H. 3. time when Paris wrote and was so taken to be in the Statute of Carlisle and in the case of King John But at the time of D. Williams Invasion the Law was taken to be That a Kingdom might be transferred by Will So was that of Sixtus Rusus and Asia came to the Romans by the Will of King Attalus the words by Annaeus Florus are Populus Romanus bonorum meorum Haeres esto Bythinia came to the Romans by the last Will of their King Nicomedes which is remembred by Utropius together with that of Lybia Cicero in his Orations tells us That the Kingdom of Alexandria by the last Will of their King was devolved to Rome And Prasitagus Rex Icenorum in England upon his death-bed gave his Kingdom to the Emperour Nero. As to Examples in this point at home this King William the 1. by his Will gave England to his younger Son William Rufus King Steven claimed by the Will of Henry the first King Henry 8. had power by Act of Parliament to order the Succession of the Crown as he pleased by Will. And the Lords of the Councel in Queen Marys time wrote to her That the Lady Janes Title to the Crown was by the Will and Letters of Edward 6. As the Case of Henry 8. was by Act of Parliament So Duke William after he had Conquered Harold was by the general consent of the Barons and People of England accepted for their King and so his Title by Will confirmed And he both claimed and Governed the Kingdom as an Heir and Successor confirmed their antient Laws and ruled according to them This appears by Chronica Cronicorum speaking of William the Bastard King of England and Duke of Normandy he saith That whereas St. Edward had no Heir of England William having conquered Harold the Usurper obtained the Crown under this Condition That he should inviolably observe those Laws given by the said Edward It is testifyed likewise by many of our Historians that the antient Laws of England were confirmed by Duke William Jornalensis sayeth That out of the Merchenlage West-Saxon-Lage and Dane-Lage The Confessor composed the Common Law which remains to this day Malmsbury who lived in Duke Williams time sayeth that the Kings were Sworn to observe the Laws of the Confessor so called sayeth he because he observed them most religiously But to make this point clear out of Ingulphus he sayeth in the end of his Chronicle I Ingulphus brought with me from London into my Monastery Crowland the Laws of the most righteous King Edward which my Lord King William did command by his Proclamation to be anthentick and perpetual and to be observed throughout the whole Kingdom of England upon pain of most heinous punishment The Leiger Book of the Abby of Waltham commends Duke William for restoring the Laws of the English Men out of the Customes of their Countrey Radburn follows this Opinion and these Laws of Edward the Confessor are the same in part which are contained in our great Charter of Liberties A Manuscript entituled De gestis Anglorum sayeth That at a Parliament at London 4 W. 1. the Lawyers also present that the King might hear their Laws He Established St. Edward Laws they being formerly used in King Edgars time There is also mention of the 12 men out of every County to deliver truely the State of their Laws the same is remembred by Selden History of Tithes and Titles of Honour and in a manuscript Chronicle bound with the Book of Ely in Cottons Library One of the worthy e Gentlemen from whom I differ in Opinion was pleased to say That if William the Conquerour did not introduce the Laws of Normandy into England yet he conceives our Laws to be brought out of France hither in the time of some other of our Kings who had large Territories in France and brought in their Laws hither else he wonders how our Laws should be in French Sir I shall endeavonr to satisfy his wonder therein by and by but first with your leave I shall offer to you some Probabilities out of the History That the Laws of England were by some of those Kings carryed into France rather than the Laws of France brought hither This is expressly affirmed by Paulus Jovius who writes That when the English Kings Reigned in a great part of France they taught the French their Laws Sabellicus a Venetian Historian writes That the Normans in their Manners and Customes and Laws followed the English Polydore Virgil contradicting himself in another place than before cited relates that in our King Henry 6. time the Duke of Bedford called together the chief men of all the Cities in Normandy and delivered in his Oration to them the many Benefits that the English afforded them especially in that the English gave to them their Customes and Laws By the Chronicle of Eltham H. 5. sent to Cane in Normandy not only Divines but English Common Lawyers by the Agreement at Troys So there is much more probability that the Laws of England were introduced into France and Normandy than that the Laws of Normandy or any other part of France were introduced in England If the Normans had been Conquerours of England as they were not but their Duke was only conquerour of Harold and received as Hereditary King of England yet is it not probable they would have changed our Laws and have introduced theirs because they did not use to do so upon other Conquests The Normans conquered the Isles of Guernsey and Jersy yet altered not their Laws which in their local Customes are like unto ours The like they did in Sicily Naples and Apulia where they were Conquerours yet the antient Laws of those Countries were continued I hope Mr. Speaker I have by this time given some Satisfaction to the worthy Gentlemen who differed from me That the Laws of England were not imposed upon us by the Conqueronr nor brought over hither either out of Normandy or any
answered That they were not satisfied in Conscience to do what he required but would give an Answer to Collonel Overton who had before sent to them the like Message That the Ministers of St. Johns Town refused to Preach unless they might pray for the King and their Army in England the Governour told them they might Preach the Gospel of Christ but that would not satisfie them That in swimming over the River to come to Dundee Two or Three Men and Horses were drowned Among other Countries Oxford-shire had raised a Regiment of Foot and Two Troops of Horse to assist the Lord General before Worcester and had chosen Collonel James Whitelocke to command both their Horse and Foot he was the Collonel Mr. Robert Warcup Lieutenant Collonel and the Major and Captains were most of them Oxford-shire Gentlemen They wrote to Collonel James Whitelocke to acquaint him herewith and to desire him to come into England to accept of this Command to which the Committee had freely chosen him he returned thanks for the Honour his Country-men had done him accepted the Command and promised to hasten into England to serve them But before he could come over from Ireland the King with his Army being come into England and all the new raised Forces being commanded to march to the Lord General towards Worcester his Lieutenant Collonel Warcup marched with his Regiment of Foot thither 2. An Act passed to enable the Commissioners of the Militia to raise Money for the present Service of the Common-wealth A Messenger from the Head Quarters informed That the Lord General and Lieutenant General met and viewed their Forces and consulted about carrying on of the Work and prepared to receive the Enemy if he should ingage who came forth in a full Body but would not come near to Cromwel Who thereupon sent out a Party against them upon whose approach the Scots retreated into the City That the Parliament Forces were got within half Musquet-shot of the Enemies Works and their Canon played daily into the City with good execution That the Earl of Derby came wounded into Worcester with about 30 Horse and no more of all his Levies in Lancashire which so distracted the Towns-men that they began to repent their deserting of the Parliament That the King seeing his hopes in the Earl of Derby frustrated would have marched away with his Horse upon which his Foot were ready to mutiny and said They should both endure the same Fortune the King and his Officers had much ado by fair words to appease them The Parliament voted That whosoever had the Kings Declaration in their Hands should bring it in to the Council or to the Lord Major of London or some Justice of Peace to be burnt by the Hang-man and those who should not bring it in or should disperse it to be punished according to Law Twelve Regiments of London being 1400. Mustered in Finsbury Fields the Speaker and divers Members of Parliament were there and the Lord Major and Sheriffs of London the Kings Declaration was burnt by the Hangman at the Head of every Regiment who gave loud Shouts and Acclamations thereupon That Captain Escot a Parliament Man of War fetched two Prizes out of the Enemies Harbour in Scotland and brought them into Lieth loaden with Corn and other Commodities In one of them were divers intercepted Letters of Consequence from the Lord Argyle Cleveland and others to the Lord Jermyn Captain Titus the Earl of Newcastle and others in Holland That the same Man of War fought Three hours with another Ship bound for the Enemy loaden with Wine Arms and Ammunition and at length sunk her and all her Goods except Ten Hogsheads of Wine which were saved and a few of the Passengers the rest were drowned 3. Letters That a Party of the Enemies Horse moved and pulled down Two Bridges of the River Tearne in Hereford-shire but being flanked by a Party of Lieutenant General Fleetwood supposing they intended to march away they retreated That a Servant of Masseys came into Cromwels Quarters and reported That the wants of the Kings Army were very great that his Master was shot in the Hand and the Earl of Worcester wounded in the Mouth Major Mercer with a strong Party was sent to secure Bewdly Bridge From Scotland That a Party of Collonel Alureds Men being sent out to prevent their new Levies Seven Miles from Dundee they found old General Leven and several other great Lords raising of Forces whom they apprehended and brought away Prisoners Letters That Scurlocke the Famous Tory took Two small Garrisons of the Parliaments in Ireland That the Garrisons of Lymbrick and Galloway were much straitned That 2000 Sallied out of Galloway upon Collonel Russel who commanded there in Sir Charles Coote's absence but were repulsed with the loss of 2 or 300 of their Men and but Six of Russels lost That the Remnant with Clanrickard increased in number but were so full of terror that upon the advance of Sir Charles Coote and Collonel Reynolds towards them they quitted divers strong Passes and a Castle of Consequence where the Soldiers had Quarter for Life the Officers and Protected People left to Mercy and some of them hanged That the Enemy took Raghaera Castle from the Parliament surprising most of their Men gathering Contribution in the Country who were likewise cut off That the Sickness is still in those Parts That the Commissioners of Parliament appointed a day of Humiliation 4. Letters from Scotland to the Speaker That after the taking of Sterling Lieutenant General Monk marched to Dundee for the reducing of that Place and summoned it they in answer to his Summons sent him a Proclamation from the King That whosoever would lay down Arms and come in to them should have Mercy That this Impudence of theirs was occasioned by the Promise of old Lesley Earl of Leven with divers other Lords and Ministers Commissioned from the King to raise Forces whereby he would relieve the Town Private Intelligence being given hereof Collonel Alured with a good Party marched to the Place of their Rendezvous and surprized old Leven and the Lord Chancellor with divers other Lords Six or Seven of their Ministers and 300 more Persons of Quality Letters from Worcester Sir This day hath been a glorious day this day Twelvemonth was glorious at Dunbar this day hath been glorious before Worcester the Word was then The Lord of Hosts and so it was now and indeed the Lord of Hosts was wonderfully with us The same Signal we had then as now which was to have no White about us and indeed the Lord hath clothed us with White Garments though to the Enemy they have been Bloody In the Morning 3. Sept. Lieutenant General Fleetwood had order to advance with his Brigade on the other side Severne and all things being prepared for the making of a Bridge and having cleared our Passages with a Forlorn we laid a Bridge over Severne and
nastiness that a Man could hardly abide the Town Yet the Lord General had his Quarters in Worcester the Walls whereof he hath ordered to be pulled down to the ground and the Dikes filled up The Lord Hamilton's Leg was broken and he sent to the General for a Chyrurgeon to dress his Wounds the Militia Forces behaved themselves gallantly 5000 out of Norfolk and Suffolk came in cheerfully the same night of the Fight the Lord General dismissed them all home The Regiment of Surrey under Sir Richard Onslow and the Troop under Captain Walter St. John marched hard to come up to the Ingagement Prisoners taken Three English Earls Seven Scotch Lords of Knights Four of Collonels Lieutenant Collonels Majors Captains and other Officers about 640. the Kings Standard and 158 Colours taken 10000 Prisoners and above 2000 slain the Kings Coach and Horses with rich Goods and all Arms Bag and Baggage taken On the Parliaments part slain 100 Soldiers and 300 wounded Quarter-Master-General Mosely and Captain Jones slain and no other Officers of note Captain Howard and another Captain wounded 8. A Particular Account from Lieutenant General Fleetwood of the whole Action at Worcester of 3000 slain 10000 taken Prisoners with all their Arms Bag and Baggage the Flight and Pursuit of the Enemy c. Letters from Scotland That a Party of the Parliaments from Edenburgh after an hours Fight took Dumfrice and the Country who made opposition contrary to their Ingagement smarted for it That Lieutenant General Monk having received a scornful Answer to his Summons from the Governour of Dundee he stormed the Town and in a quarter of an hour became Master of it That Major General Lumsdain and 600 of the Enemy were slain and there was in the Town good store of Arms and Ammunition 11 Pieces of Ordnance and 60 Sail of Ships in the Harbour From Cheshire That 1000 of the Kings Horse passing through Sanebarch on a fair day the Towns-men and Country-men as they passed by fell upon them with Clubs and Staves and the Poles of their Stalls knocked them down and took about 100 of them That the Country rise upon the Routed Scots and kill and take many of them 9. A Proclamation for the apprehending of the King and a Promise of 1000 l. to any that shall do it Order for a day of Thanksgiving throughout the Kingdom for the Success at Worcester and an Act to be brought in for an Annual Observation of the third day of Sept. Letters That Sir Philip Musgrave and others raising Forces about Galloway were taken and killed by a Party from Edenburgh being in all about 500. That Major General Massey came into Leicester-shire but not being able to go further by reason of his Wounds wrote a Letter to the Countess of Stamford and surrendred himself to the Lord Grey her Son That Sir Arthur Haselrigge Governour of Newcastle upon notice of the Defeat at Worcester and the Kings Escape Northwards sent to the Militia Forces and to the Sheriffs of the Four Northern Counties to raise the Posse Comitatus and to the Lieutenant General Monk and Forces in Scotland to way-lay those that fled and went out himself with a Party for that purpose The Parliament appointed Four of their Members to go out of Town to meet the General upon his way from Worcester to London and to congratulate from the Parliament the great Successes that God had given him 10. Letters from Ireland That the Irish lie up and down in small Parties robbing Passengers by the High-way but meet not in a Body being divided in their Councels that Lymbrick and Galloway hold out That Collonel Zanchey was sent out with 2500 Foot and 28 Troops of Horse and Dragoons into Connaght upon Intelligence of the Enemies gathering to an Head there to ingage them or to strengthen Sir Charles Coote about Galloway but upon his marching over the Enemy presently dispersed The Four Members of Parliament appointed to go out of Town to meet the General went this day to Alisbury 11. Letters That a Party of the Parliaments Forces marched 40 Miles a day in Pursuit of the Enemy and at Lancaster fell upon some of them routed them killed about 20 and took 200 Prisoners That 200 more of them were taken about Shisnal in Shrop-shire the Earl of Derby Earl of Lauderdale and divers others of Quality That Major General Harrison had taken 2000 of the Scots in the Pursuit and left but 1000 of them in a Body That the Countries rose upon them That a Party of the Parliaments about Warrington fell unadvisedly on their Rear and lost some Men. Complaint That the Countrey are much burdened with the Prisoners there being no allowance for them That five of them were put to death in Cheshire and five more appointed to be executed the next day That at the taking of Dundee in Scotland were slain between 7 and 800 Scots and taken 50 Sail of Ships 40 great Guns and Provisions and that with the Plunder of the Town the Soldiers were grown rich and gallant a private Soldier hardly to be known from an Officer That the Lieutenant General sent a Summons to Monrose near the Highlands The four Members went from Alisbury on the way the General was to come and met him and delivered their Message to him from the Parliament The General received them with all kindness and respect and after Salutations and Ceremonies passed he rode with them cross the Fields where Mr. Winwoods Hawks met them and the General with them and many Officers went a little out of the way a Hawking and came that night to Aylesbury There they had much discourse and my Lord Chief-Justice St. John more than all the rest with the General and they supped together The General gave to each of them that were sent to him a Horse and two Scots Prisoners for a Present and Token of his thankful Reception of the Parliaments respect to him in sending them to meet and congratulate him 12. Letters That at the Storming of Dundee divers of the Parliaments Horse-men went on foot with Sword and Pistol to assist the Foot-men and got into the Town as soon as the other and not above Ten Men killed on the Parliaments Part and 800 of the Enemy That it was the richest Town of the bigness in England or Scotland That some of the English Soldiers got in the Storm 500 l a piece That the Inhabitants of St. Andrews sent to Lieutenant General Monk That they would submit to his Summons and deliver up their Arms and Ammunition which was accepted but because they refused former Offers the Lieutenant General fined them 50 l. to the Soldiery Cromwel came to London in great Solemnity and Triumph accompanied with the Four Commissioners of Parliament many chief Officers of the Army and others of Quality There met him in the Fields the Speaker of Parliament the Lord President and many Members of Parliament and of the
setling business there and taking off free quarter The Parliament approved the Articles of Rendition of Cornet Castle in Guernsey and of Elizabeth Castle in Jersey and ordered Sir Philip Carterets Lands to be restored to him accordingly That the Commissioners for compounding do send over some to sequester the Estates of those in Jersey which are to be sequestred and that 1000 l. which shall be raised thereof shall be given to those who were banished out of Jersey 5. Letters That Dunbarton Castle was surrendred upon Articles to Major-General Lambert 6. Referred to the Council of State to treat with the Dutch Ambassadors upon a Paper delivered in by them Upon a Report of a Paper given in to the Council of State by the Spanish Ambassador the Parliament referred it back to the Council and injoyned them to insist with the Ambassador for Justice for the Murder of Mr. Ayscham who was Agent there for the Parliament An Act passed appointing a Committee for the Army and Treasurers at War 8. Letters advising the Parliament to pass an Act of Oblivion and to take away Tithes c. 9. Letters That Collonel Venables attempted the reducing of Ballinacargy and beat down the Castle about the Enemies Ears but for want of Powder and Provisions he was forced to draw off Of the Streights Fleet going off from Pendennis That Captain Chapman maintained a gallant Fight with Three Ships from 11 at noon till night and sunk one of them and was much torn in the Fight and lost Three Men and Ten Wounded The Parliament debated again the Business of regulating the Law and Proceedings therein The Courts of Kings-Bench and Chancery were by order of the Parliament removed to one side of Westminster-hall 10. That Mr. Eliot was committed to New-gate Several Dutch Vessels seised upon by vertue of the late Act of Parliament upon report of the state of the Case of the East-land Merchants were ordered to be discharged 12. Letters of a great Meeting of the Ministers and Lay-men at Edenburgh and their Debates very high especially of the Kirk-men That a Dutch Ship was taken in the Frith loaden with Commodities not of her own growth contrary to the late Act and made Prize That a Moss-Trooper was sentenced by the Court-Marshal to be whipped with his Comrade for entring a Country-mans House by violence and a Soldier to be tyed to the Gallows and whipped for stealing a Sheep though he restored it again Major-General Lambert published a Proclamation against a great abuse of differing values of Coins Of Two Prizes brought into Yarmouth rescued from the Pyrates who much infested the North Coast Of four Vessels of French Wine taken That Prince Ruperts Admiral Ship was sunk and another wracked and the Prince and his Brother only saved That Admiral Pen sent some Ships after the rest of them Report of Odwears coming in with 3000 Tories in Ireland to submit to the Parliament 13. Order for an Act to sell all the rest of the Fee-Farm Rents Votes for payment of such as lent under 10 l. upon publick Faith without doubling Referred to the Council of State to confer with the Lord-General about nominating of a fit Person to be Commander in Chief for Ireland and to report their Opinions to the House Debate about the next Summers Fleet to be 120 Sail. 14. Letters That Captain Augustine the great Robber in Scotland upon disbanding of Marquess Huntleys Forces went into the Orcades and there took Ship for Norway Order not to fortifie Innernesse because of the great charge and the poverty of the Town That 100 Aegyptians were rambling in the High-lands and cheating the Country That the Regiments in Scotland were very full above 1000 in a Regiment That 1000 Highlanders appeared at the Summons of the Marquess of Argyle as was usual that out of them he might choose 30 to attend him to the Major-General That Major-General Lambert and Deane went towards Aberdeen and were entertained by the way with Vollies of great Shot and Solemnity 15. Letters That when the Wind is Westerly few Ships touch at Scilly That a Hamburgher Ship was wracked there and a Coffin taken up out of the Sea which was in her having the Body of the Young Duke of Holtsteine in it Of a great Earthquake in Scilly Islands 16. Letters That Sir George Carteret and his Company had but course entertainment at St. Mallows only himself and nine more suffered to come into that Town where he staid a short time and then went to Paris to the King A Thanksgiving-day was kept in Jersey for the good success in reducing that Island and the great Guns were fired 17. That the Major-General courted the Presbyterians at Dundee that they with the Lieutenant-General were setling the Affairs of the Country and to put on the Assessment and to take off free quarter That the Commissioners for Scotland were with their Retinue at Berwick where they intended to stay three or four days That the Lord Major of York feasted them Of Recruits and Provisions for Ireland preparing Debate of Mr. Primates Petition against Sir Arthur Haselrigge and the Commissioners for compounding and about a Book against them referred to a Committee but the Proceedings of the Commissioners were approved by the House and Primate was fined 3000 l. to the Common-wealth 2000 l. to Sir Arthur Haselrigge for his Damages and 2000 l. to four of the Commissioners for compounding The like was voted against Lieutenant-Collonel Lilburne of a Fine of 7000 l. and that he should be banished out of England Scotland and Ireland and the Petition and Book to be burned by the Common Hangman 19. Letters That the Kirk-men in Scotland speak little against the War or for Peace but rather foment the War That the Lord of Drum being summoned to come before the Kirk-men â—he summoned them to appear before Collonel Overton alleadging that he was under the Protection of the Parliament of England and could not acknowledge any other Jurisdiction or Judicatory in Scotland But if as private Christians they required him to purge himself of not being a Papist he would do it Of great pride and insolency of the Presbyteries in Scotland That the Lord of Drum wrote a Letter of Thanks to Lieutenant General Monk for relieving those who were oppressed in their Consciences by the Presbyteries and acquaints him with the Proceedings of the Presbytery of Aberdeen against him and his Appeal from them That Lieutenant-General Monk ordered That no Oaths should be imposed by any of the Kirk Officers upon any Person without order from the State of England nor any Covenant and if they do that he will deal with them as Enemies And that who shall tender or take any Oath or Covenant so imposed and against Conscience without leave of the Common-wealth of England shall be taken as Enemies and the Provost and Bailiffs of Aberdeen were to proclaim this And all Civil Officers were commanded by the
all Estates be made liable to make satisfaction nor the rich turn Prisons into places of Protection 9. That none be pressed for War the power of Counties being sufficient to suppress all Insurrections and forrein Invasions 10. That Trade be free and exempt from Monopolies and disburdening Customs Excise and all Charges and all publick Monies to be equally raised 11. That all Sheriffs Justices Coroners Constables and the like be annually chosen by those of the place 12. That all Laws contrary to these Fundamentals be repealed 13. That Parliaments or Common-Councels of England may be returned to the old course to be annually elected and satisfaction given to the Nation in point of Accounts and the publick Faith satisfied arrears of Soldiers paid Juries duely chosen Registers appointed to ascertain all Mortgages and Sale of Lands care taken of the Poor and wast places assigned for them the Printing Presses set at liberty The Parliament debated the Business of the Dutch Ambassadors and passed these resolutions to the Ambassador in answer to his Papers 1. That the Lords the States General do pay to this Common-wealth the charges and dammages they have sustained by their attempts 2. That upon payment or securing thereof shall be a Cessation and their Ships and goods released 3. This being assented to and put in Execution the security for the time to come to be a firm amity and interest of the 2 States for the good of both The Parliament received another Paper from the Dutch Ambassadors that they were commanded Home and desired Audience to take their leaves which was appointed to morrow A Letter from the King of Denmarks Ambassadors for Audience they were appointed to have it the next day but one 30. The Dutch Ambassadors had Audience in the House with the usual Ceremonies The Lord Paw made a Latine Oration which he gave in writing to the Speaker with a Petition from the Merchants of the Intercourse they went all away this Night Letters from Amsterdam That the Dutch are very high against the English and for a War with them The Ambassadors having received the last Resolutions of the Parliament of England demanding satisfaction for all their Damages it gave such a distast to their Excellencies that they presently resolved according to their Instructions to return Home and went to Graves-End this day and many Letters came from Holland mentioning the great Preparations there made for the War at Sea July 1652. 1. Much discourse was upon the departing of the Dutch Ambassadors some Members of Parliament being unsatisfied with the dismission of them and that so high Terms were insisted on by the Parliament 2. Letters of 800 Irish come in and many Thousands of them stand out because they cannot be pardoned for their Murders From Collonel Hewson of his Proceedings and that an ambush being laid by the Irish for a Captain of the English and Collonel Pretty he escaped and a party sent out by Collonel Hewson killed 4 of them released their Prisoners and took divers Rebels and 16 Horses That another party sent out by him killed 40 of the Rebels and took 30 good Horses That Collonel Hewson denied to give or take any quarter with them That Slego was surrendred and that Sir Thomas Jones killed 2 Collonels 10 Captains and 300 of a party of 3000 of the Rebels and took all their Horse 3. Letters of the English Forces gotten into the Highlands of Ships come into Leith with provisions Of several late Successes in Ireland That the Enemy burnt Portumney Town and Collonel Ingolsby relieved them and routed all their Horse and Surrounded their Foot in a Bog That the Irish were in the Field with about 4000 Men. That the Lord Broghill did good Execution upon the Irish and pursued them 4 miles took 100 Horse and rescued a prey of 200 Beefs That the Lord Muskerry was come in to the Parliament with his Forces That General Blake with a gallant Fleet went Northwards and left Sir George Ascue to command the rest of the Fleet in the Downs who took 5 Dutch Merchant-men and General Blake took 2 Men of War and 2 Merchant men 500 Soldiers sent on Board Sir George Ascue That after this Sir George Ascue and the Fleet with him met with 40 Dutch Ships took 7 of them and burnt 4 and about 24 of them ran on ground on the French Shoar and he pursued the rest and this Fight was gallantly performed by him after so long a Voyage which his Ships had gone and were very foul 5. Letters from the Parliaments Commissioners in Ireland That Sir Charles Coote and Collonel Reynolds had reduced Slego That the Lord Clanrickard had sent for a Treaty and that the Lieutenant-General had routed a party of the Enemy and marched towards Rosse That the Lord Muskerry sent for another Treaty that the Lord Broghill took 80 Horse killed about 50 took Lieutenant-Collonel Supple and 2 Colours and Arms yet the Irish were double his Number and he regained 200 Cattle Of Recruits come into Ireland 6. A Declaration past concerning the differences of England with the Netherlands Letters from Sir George Ascue of his Fight with the Dutch who were 40 Merchants and 4 men of War he took 7 of them and burnt 3 and few that ran on Shoar escaped that the French defended them from the English yet coming on board their Ships plundred them That Captain Wright made a gallant Fight with one of them and forced him on Shoar and burnt him and Captain Wright lost 8 men and above 20 wounded and Captain Wright himself lost his Leg with a great Shot and few or none of his Officers but were wounded That of those Irish who submitted not a 4th man laid down their Arms. 9. Letters of Recruits sent for Ireland That some of the Parliaments Forces were marched 20 Miles into the Highlands where the Country of the Fraziers all except one inconsiderable Person with a few people came in and submitted to the Parliament That General Blake with a Fleet of 60 Sail passed in Sight of Dunbar towards the North to attend the Holland Busses and sent for the Frigots and Parliaments Vessels in those parts who went to him That the Scots reported the Dutch to have taken 25 Sail of the Parliaments Ships in a Fight there That divers Barks were come in to Air with provisions for the Parliaments Forces and 4 Frigots and several small Vessels come thither for their Assistance 10. Dr. Winston a Physitian in the beginning of the late Troubles by leave of the House of Lords went over into France and there continued till very lately that he returned into England in his Absence none being here to look after his Business for him his Estate was sequestred as if he had been a Delinquent and his place and lodgings as Physick Professor in Gresham Colledge were taken from him tho he had never acted any thing against the Parliament
their parts Provided this liberty be not extended to Popery or Prelacy nor to such as under the profession of Christ hold forth and practise Licentiousness XXXVIII That all Laws Statutes Ordinances and Clauses in any Law Statute and Ordinance to the contrary of the aforesaid Liberty shall be esteemed as null and void XXXIX That the Acts and Ordinances of Parliament made for the Sale or other Disposition of the Lands Rents and Hereditaments of the late King Queen and Prince of Arch-bishops and Bishops c. Deans and Chapters the Lands of Delinquents and Forest Lands or any of them or of any other Lands Tenements Rents and Hereditaments belonging to the Commonwealth shall no way be impeached or made invalid but shall remain good and firm And that the securities given by Act and Ordinance of Parliament for any sum or sums of money by any of the said Lands the Excise or by any other Publick Revenue and also the Securities given by the Publick Faith of the Nation and the engagement of the Publick Faith for satisfaction of Debts and Damages shall remain firm and good and not be made void and invalid upon any pretence whatsoever XL. That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed and made good to the persons concerned therein And that such Appeals as were depending in the last Parliament for relief concerning Bills of Sale of Delinquents Estates may be heard and determined the next Parliament Any thing in this Writing or otherwise to the contrary notwithstanding XLI That every successive Lord Protector over these Nations shall take and subscribe a solemn Oath in the presence of the Council and such others as they shall call to them That he will seek the Peace Quiet and Welfare of these Nations cause Law and Justice to be equally Administred and that he will not violate or infringe the matters and things contained in this Writing and in all other things will to his Power and to the best of his understanding govern these Nations according to the Laws Statutes and Customs XLII That each person of the Council shall before they enter upon their Trust take and subscribe an Oath That they will be true and faithful in their Trust according to the best of their knowledge And that in the Election of every Successive Lord Protector they shall proceed therein impartially and do nothing therein for any promise fear favor or reward The Oath taken by His Highness Oliver Cromwel Lord Protector WHereas the Major part of the last Parliament judging that their sitting any longer as then constituted would not be for the good of this Common-wealth did Dissolve the same and by a Writing under their hands dated the Twelfth day of this instant December resigned unto Me their Powers and Authorities And whereas it was necessary thereupon That some speedy course should be taken for the settlement of these Nations upon such a Basis and Foundation as by the Blessing of God might be lasting secure Property and answer those great ends of Religion and Liberty so long contended for And upon full and mature Consideration had of the Form of Government hereunto annexed being satisfied that the same through Divine Assistance may answer the Ends afore-mentioned And having also been desired and advised aswell by several Persons of Interest and Fidelity in this Commonwealth as the Officers of the Army to take upon Me the Protection and Government of these Nations in the manner expressed in the said Form of Government I have accepted thereof and do hereby declare My acceptance accordingly And do promise in the presence of God That I will not violate or infringe the matters and things contained therein but to My power observe the same and cause them to be observed and shall in all other things to the best of My understanding Govern these Nations according to the Laws Statutes and Customs seeking their Peace and causing Justice and Law to be equally administred O. Cromwel Oliver Cromwell Captain General of all the Forces of this Commonwealth and now declared Lord Protector thereof did this Sixteenth day of December One thousand six hundred fifty three Sign this Writing and solemnly promise as is therein contained in presence of the Lords Commissioners of the Great Seal of England who Administred the same Oath and of the Lord Mayor and Aldermen of the City of London divers of the Judges of the Land the Officers of State and Army and many other persons of Quality The Writing mentioned in the Oath was in these Words December 12. 1653. UPon a Motion this day made in the House that the sitting of this Parliament any longer as now Constituted will not be for the good of the Commonwealth And that therefore it was requisite to deliver up unto the Lord General Cromwel the Powers which they received from him These Members whose Names are underwritten have and do hereby resign their said Powers to his Excellency The same Day the Council did set forth this Proclamation BY THE COUNCIL WHereas the late Parliament Dissolving themselves and resigning their Powers and Authorities The Government of the Commonwealth of England Scotland and Ireland by a Lord Protector and Successive Trienial Parliaments is now Established And whereas Oliver Cromwell Captain-General of all the Forces of this Commonwealth is declared Lord Protector of the said Nations and hath accepted thereof We have therefore thought it necessary as we hereby do to make Publication of the Premises and strictly to Charge and Command all and every person and persons of what quality and condition soever in any of the said three Nations to take notice thereof and to conform and submit them selves to the Government so established And all Sheriffs Majors Bayliffs and other Publick Ministers and Officers whom this may concern are required to cause this Proclamation to be forthwith Published in their respective Counties Cities Corporations and Market Towns To the end none may have cause to pretend ignorance in this behalf Given at White-Hall this sixteenth day of December 1653. 17 The new Lord Protector observed new and great State and all Ceremonies and respects were paid to him by all sorts of Men as to their Prince 19 Letters that the Highlanders dispersed themselves for their Levys and intended to force unreasonable Contributions That some of them near Durham robbed the Post Boy took away his Letters Horse Coat and Twenty pence in money That Major Murryhead was taken Prisoner by a Party of the English he being on his Journey to the Highlanders That Captain Lisle with a Party of the English Army fell into the Enemies Quarters and took Two Captains one Cornet one Quarter-Master a Corporal and twenty private Souldiers and about forty Horse and some Armes fired the House and killed three Men and lost not one Man and but one wounded in the Thigh That by Order Captain Lisle met with Collonel Morgan and they marched seven Miles into the Highlands
doubtful thoughts in the Commissioners of the Seal who knew the Authority of that Court was design'd to be lessened and they were not consulted in this Matter yet they took no notice of it but went on in the Ordinary course of their Proceedings Upon the Lords Day March 11. a Party of about Two hundred of the New Conspirators came into Salisbury at Midnight seized upon many Horses and took away the Judges Commissions being then in their Circuit in that place and they Marched from thence Westward whereof Captain Vnton Croke having timely Intelligence pursued them with his Troops and at South Molton in Devon overtook them and after a sharp Conflict Routed them took Captain Penruddock Jones and Grove and Five hundred common Persons Prisoners Sir Joseph Wagstaff then Chief Comander hardly escaping There were other Risings in Northumberland and in Yorkshire of whom Sir Henry Slingsby was taken Prisoner and others and Sir Richard Moleverer hardly escaped Many of the Conspirators were tryed by a Commission of Oyer and Terminer at Salsbury and Exeter Mr. James Decoy was Clerk to the Commissioners and did some service to Sir Henry Moor Sir George Browne and others who were of that Plot in helping to favour them for which I suppose they were not ungrateful Penruddock and Grove were Beheaded Lucas of Hungerford and others were Executed and the Prisons were filled in those parts Letters from Scotland informed That Middleton was said to be Landed there again with new Supplies from the King who was also expected to come thither shortly with a great Force and store of Mony and his Brother the Duke of York to come a little before him Upon this News former Treaties were broken off and in divers Parts New Levies began to be made for the King The Protector and his Council Publish'd an Ordinance Appointing Commissioners for Approbation of Publick Preachers Another for passing Custodies for Idiots and Lunaticks Another for continuing the Act for Impresting of Seamen He and his Councel and Officers kept a day of Solemn Humiliation and Fasting the which was also observed throughout London and Westminster Brest men did much mischief to the Merchants of Bristol and the Western parts who complained thereof The Parliaments Commander in Scotland apprehended divers of the Kings party The Lord Mayor and the Militia of London attended the Protector with their fuit to him to give leave to revive the Artillery Company in London for the better exercising of the Citizens in Arms and they undertook that none but well affected persons should be admitted into that Company to which the Protector assented Letters that Collonel Hacker had apprehended several of the Conspiratours in Notinghamshâ—re Leicestershire and those parts and kept them all in awe Captain Howard had given to him the Command of Collonel Rich his Regiment An Agent from Portugal brought the Ratification of the Treaty between England and Portugal Several Examinations were taken about the late Risings and Plots The Duke of Lenox dyed at London Letters from Scotland that they were in a quiet condition The Protector by the advice of one Gage a Minister who had been long in the West Indies set forth a gallant Fleet under the Command of Vice-Admiral Pen with a great party of Land-Soldiers under the Command of Vinables many were very eager to ingage in this design being given out in general to be very rich and that it was for the West Indies but it was kept very secret till the Fleet had been gone along time which arrived at the Barbadoes in this month and the thirtieth day of it set sail from thence and steered their Course towards Hâ—spaniola one of the fairest and richest Islands in America under the King of Spains Dominions Who having some inkling of this design sent the Marquis of Leda his Ambassadour to the Protector and the Marquis finding how things went quickly returned to his Master April 1655. April 1655. The Protector and his Councel issued many Orders for the apprehending of several persons suspected to be in the late Plot and they were brought to White-Hall and there examined by the Protector and Secretary Thurloe some of them were discharged but more of them were Committed Collonel Birch and others were secured in Hereford-shire and divers in Northumberland Letters that the Brest Pirates took some English Ships and that General Blake was gone from Tunis to Maltha to demand satisfaction for some Piracies done there upon English men The Protector feasted the Commissioners for approbation of Ministers he sate at the Table with them and was chearful and familiar in their Company and by such kind of little Caresses he gained much upon many persons The King of Sweden sent a Letter to his Highness the Lord Protector in behalf of Lord Lauderdale and his Brother Laundie And the Lord Douglas writ likewise from Stock-holm into England For the release of his poor Kinsman not doubting but that his Highness as a Gratious Prince might be moved to compassion having no powerful or any opposition at all in any of the three Kingdoms For since it hath pleased the Lord of Hosts to bless his actions in such a height that by his valâ—ur his Highness has not only subdued superior and all other power that was against him but also by prudent Conduct of Affairs hath Established himself and these three Nations in one Peaceable Estate What could that augment to his greatness to let his goodness and compassion be made known to the world that he shews upon those whose Lives and Fortunes he has in his hands Upon this Letter and the recommendation from the King of Swedland favour was procured from the Protector to the Lord Lauderdale and his Brother and considerable services were done for them but when the times altered they Scots like remembred nothing of it nor ever returned the least kindness or gratitude for all the good Offices were done them Letters from Scotland of new designs and endeavours of the Enemy there to raise Forces The Protector sent Letters to the Justices of the Peace in York-shire and in most Counties for the watching and apprehending suspitious persons as to the new designs on foot against the Peace of the Common-Wealth and the matter of the Letters was carefully executed Letters were sent to the Lords Commissioners of the Great Seal to attend a Committee of the Council at the Council Chamber They attended accordingly and were acquainted with this Order Monday 23. April 1655. At the Council at White-Hall Ordered by his Highness the Lord Protector and the Councel That the Lords Commissioners of the Great Seal do proceed according to the Ordinance of his Highness and the Councel Intituled An Ordinance for the better regulating and limiting the Jurisdiction of the High Court of Chancery Henry Scobel Clerk of the Councel The Chair-man told them That this Ordinance was made upon
a prejudice to England to have the Spaniard at this time to be supplied with those Commodities which they had need of His Highness and the Councel did hope that the Ambassador would consent to have them specified amongst the Contrebanda Goods and that the Declaration by way of Expedient drawn up and sent by his Excellencie to the Lord Fiennes being considered by the Councel they were of opinion that the same did determine the question that they should not be accounted Prohibited goods and afterwards Referred them to a future determination and in the mean time it might occasion differences and quarrelling upon that point between the People of both the Nations The Ambassador endeavoured to maintain the reasonableness of that Declaration and said That he would not agree to have Pitch c. to be specified among the Contrebanda Goods and repeated his former Reasons and Arguments at large upon that Subject and in the conclusion said that it was once approved of here after the Lord Whitelocks return from Sweden that they should be lest out of the number of Contrebanda goods as he could make it appear And then called to his Secretary for a Paper which being given him Whitelock did imagine to be a Letter that he had written to Mr. Laggerfeldt and thereupon thought fit to mention it first himself and said that he had observed now and at former debates that the Ambassador did glance at a Letter which he had formerly writ to Mr. Laggerfeldt and lest more might be apprehended of it than the Letter it self would bear he thought fit himself to acquaint what it was which he did imagine the Ambassador intended by those expressions He told them That after his Arrival in England and an account given by him to his Highness and the Councel of his Negotiation in Sweden and the same throughly looked into and approved His Highness and the Councel thought fit to Confirm the Treaty made by him at Upsale and there having been some debate concerning the Articles of Passes and of Contrebanda Goods the same were also ratified with the rest That this being done Whitelock thought fit to certifie Mr. Laggerfeldt thereof which he did by Letters not long after and the Ambassador having before intimated something of these Letters Whitelock thought good to look out the Copies of them amongst his Papers and found nothing in them to this purpose but only that his Highness and the Councel had ratified the Treaty made by him at Upsale and had agreed that there should be a list of Contrebanda Goods and a Form of Passports which was part of that Treaty but nothing was said in that Letter of the Form of Passports or list of Contrebanda Goods given in to him by the Queens Commissioners at Upsale nor that those were by Whitelock delivered in here or that those were agreed upon by his Highness and the Councel That he had not the honour to be of his Highness Councel and that his Commission of Ambassador was then ended and that he wrote this Letter as a private Man and if it had been as a publick Person yet nothing of Weight as to this Matter could be collected out of it the words being as he related To this the Ambassador made no Reply but gave back the Paper again and said he believed that the Lord Whitelock when he was at Upsale would not have insisted that Pitch and Tar and Hemp should be accounted Prohibited Goods The Lord Fiennes said he perceived that there was much debate at Upsale concerning these Points which occasioned the Lord Whitelock to refer the determination of them to the Lord Protector and his Councel to be determined by them here Whitelock said That indeed there was much debate at Vpsale concerning these Matters especially about Passes and he thought fit to refer the determination thereof to His Highness and the Councel and was glad he had done so and the more because of the difficulty now made here about them he did ingenuously Confess that when he was in Sweden England being then in War with the Dutch his Judgment was not to insist upon the having of Pitch c. to be Contrebanda Goods but rather that they should not be esteemed so and his reason was because the Dutch could have them notwithstanding by small Vessels which should take them in at Hamborough or have them brought from Lubeck most part of the way by Water except about 20 miles by Land to Hambourgh and from Hambourgh in those Vessels they could bring them down the Elbe and from thence by the Flats which are shole Waters full of Sand on the Coast of Bremen and so along to Holland without going at all into the open Sea or coming within the danger of our Ships which could not come among those Flats nor hinder the Dutch from having of those Commodities But on the other Side they could not be brought to England but through the wide Sea where they were subject to the danger of being intercepted by our Enemies and if he should then have agreed to have them Contrebanda Goods he conceived the same would have hindred England's being supplied and not have hindred our Enemies having of them But now he said our War with Spain had made a great difference as to that Matter because they could not have them but through the wide Sea where they must be brought by us and we should watch the Conveyance of them The Lord Fiennes then fell upon the point of Passports and said that if his Excellency did not approve of the Proposal for the Commissioners for restitution to examine and determine all differences upon the bringing in of Ships for the future that then a Form of Passports should within a few dayes be sent unto him which the Ambassador seemed to acquiesce in Then the Lord Fiennes said That his Highness and the Councel had likewise considered the Rules which his Excellency had proposed for the Commissioners for Restitution of Damages to walk by and did apprehend the same to be very unequal to make Rules now for Cases that had been formerly adjudged and to give such Regard to Certificates to be now procured for Matters long since past and said that either from some place in Sweden or Denmark or some of those Parts a Counterfeit Pass had been procured as was proved and confessed The Ambassador seemed to be Nettled at the mention of a Counterfeit Pass procured from his Country and said they did so highly value their Honour that if any should do such a thing he would not be received in any honest Company afterwards and said that in his Countrey they esteemed Certificates from good men or from Magistrates of Towns far better Testimony than Witnesses upon Oath if they were not of great Quality who did testifie upon Oath and he much insisted upon the having of those Rules and urged the same Arguments as formerly Whitelock said That to give these Rules to the Commissioners were to make a Law
touching Recusants and about making of Salt and in the case of Mr. Hanson a Merchant of London 9. Applications in the behalf of the Civilians to be the Judges of the Admiralty and for Probate of Wills 10. Applications about the Church of the Walloons in Norwich 12. Applications about Visitors of the University of Oxford The Bill for setling the Company of Merchant Adventures 13. A Bill for a Market in Lincoln's-Inn Fields and the Bill for mitigating the Forrest Lawes and preservation of the Timber in the Forrest of Dean 14. An Account prepared for the House of the whole years disbursements for the Land and Sea Forces and Government 15. Applications touching the Earl of Bedfords Buildings in Covent Garden 19. The great business of the Setlement of the Nation 20. A Charter granted for the Town of Marleborough in the County of Wilts 26. A Bill for prices of Wines 27. An Act of Indemnity 31. A Bill to buy in Impropriations to maintain Ministers April 1657. Anno 1657 2. Application in a business in Parliament by the Lord Fitz-William 3. A Bill for the maintenance of Ministers in Bristol 4. The Parliament had been long about the Setlement of the Nation and had framed a Writing which they stiled The Humble Petition and Advice of the Parliament of England Scotland and Ireland to his Highness The first business of it was for the Protector to have the title of King This Petition and Advice was presented to his Highness by the House and he desired that a Committee might be appointed to conferr with him about it which was named and Whitelock being one of the Committee was made Chair-man When the Committee attended his Highness Whitclock spake to him upon the point of the Title of King giving reasons why he should accept of that title The Protector urged his reasons against it and Whitelock replyed The whole debate in Print 5. This day Whitelock reported to the House the passages when their Committee attended his Highness 6. Referred to a Committee to consider what was fit further to offer to the Protector in the great business this was the former Committee They attended his Highness and he appointed the next day for them to come again to him 9. A Plot discover'd by the vigilancy of Thurlo of an intended Insurrection by Major-General Harrison and many of the fifth Monarchy-Men 11. Whitelock reported to the House the Committee's waiting upon the Protector but that the new discover'd Plot hindred their proceedings at that time 12. Applications by the Officers in behalf of the Army in Ireland 13. Applications in behalf of the Company of Vintners The Committee offer'd their reasons to the Protector in the great business 14. Whitelock acquainted the House with the passages yesterday betwixt his Highness and the Committee about the title of King 16. Whitelock moved the House for their Committee to meet again with his Highness which was ordered they attended but the Protector being busy in Examining the new Plot they were put off to another day 20 Upon Whitelockes motion the Committee were ordered again to attend his Highness The Protector was satisfied in his private Judgment that it was fit for him to take upon him the title of King and matters were prepared in order thereunto but afterwards by sollicitation of the Common wealth's Men and fearing a mutiny and defection of a great part of the Army in case he should assume that Title and Office his mind changed and many of the Officers of the Army gave out high threatnings against him in case he should do it he therefore thought best to attend some better season and opportunity in this business and refused it at this time with great seeming Earnestness 21. Whitelock acquainted the House that his Highness had some things to offer to the Committee in a paper and desired them to meet him this afternoon whereupon the House adjourned till to morrow and the Committee met his Highness 22. Whitelock reported to the House the Committees attendance upon his Highness yesterday who offer'd to them a paper of particulars touching several things in the humble Petition and Advice and that the Committee are preparing a Report of the whole business thereupon the House adjourned till to Morrow 23. All the Members in Westminster being sent for into the House Whitelock made the report of the whole proceedings of the Committee with his Highness touching the title of King with the Protectors answers and Papers given in by him to the Committee which Whitelock read and afterwards the Clerk read them again and the debate of this great business was adjourned 27. The House were busy in debating the last report made by Whitelock in the business of the title of King 28. They proceeded in the same debate 29. They came to some resolutions in in that debate which were not all pleasing to his Highness May 1657. 1. The Committee of Parliament where Whitelock had the Chair according to the order of the House attended the Protector and acquainted him that the House had now perfected their answer to the papers formerly deliver'd by his Highness to the Committee who now attended him with the Parliaments answer His Highness told the Committee that he would take the particulars of this answer into consideration and as soon as might be he would return his answer Whitelock declined the first delivery of the Petition and advice to the Parliament not liking several things in it but Sr. Christopher Packe to gain honour presented it first to the House and then the Lord Broghil Glyn Whitelock and others put it forward 2. The Protector often advised about this and other great businesses with the Lord Broghil Pierepoint Whitelock Sr. Charles Wolseley and Thurlo and would be shut up 3 or 4 hours together in private discourse and none were admited to come into him he would sometimes be very chearful with them and laying aside his greatness he would be exceeding familiar with them and by way of diversion would make verses with them and every one must try his fancy he commonly called for Tobacco Pipes and a Candle and would now and then take Tobacco himself then he would fall again to his serious and great business and advise with them in those affairs and this he did often with them and their Counsel was accepted and followed by him in most of his greatest affairs 3 The Sieur Phillipi Passerini being sent by the Queen of Sweden to the Protector with Letters Credential and to inform his Highness of some Secret affairs he by the Queens Instructions addressed himself first to Whitelock with Letters to him from the Queen desiring Whitelock to bring her Secretary this Gentle-man to the presence of his Highness and to promote his business Whitelock acquainted the Protector therewith and read to him the Queens letters to Whitelock which were in French The Protector desired Whitelock to read them again to him in