of such as were then known An Act of the Councel of State touching the adventurers for Lands in Ireland An Address from Cumberland approving the actions of Cromwell and his Army and resolving to stand by them and assist them 7. Letters from Scotland that the 2 great Fleets missed one an other to the admiration of all men that the Malignants report the Dutch to be 150 Sail of Men of War That there continues great feud betwixt the Assembly and Protesting Party about placing and displacing of Ministers That the Lord Wareston is angry at every thing but himself and at that too sometimes Intelligence that about 20 of the Dutch Fleet were taken burnt and sunk 3 Fire-Ships taken one Vice-Admiral and 2 Rear-Admirals one Rear-Admiral towed by the Entrance being far bigger than her self having 14 Guns on a Tire and of 1200 Tun. But 126 men Slain in the English Fleet none of note but General Dean and one Captain no English Ship lost 8. Letters were sent from Cromwell to the several persons called to take upon them the trust of the Government of the Common-wealth and were to this effect For as much as upon Dissolution of the late Parliament it became necessary that the Peace Safety and good Government of this Common-wealth should be provided for and in order thereunto divers persons fearing God and of approved Fidelity and Honesty are by my self with the advice of my Councel of Officers nominated to whom the great Charge and Trust of so weighty Affairs is to be committed And having good assurance of your love to and courage for God and the Interest of this Cause and of the good People of this Common-wealth I Oliver Cromwell Captain-General and Commander in chief of all the Armies and Forces raised and to be raised within this Common-wealth do hereby summon and require you being one of the Persons nominated personally to appear at the Councel-Chamber at White-Hall within the City of Westminster upon the 4th day of July next insuing the date hereof then and there to take upon you the said Trust unto which you are hereby called and appointed to serve as a Member of the County of Bucks and hereof you are not to fail Given under my Hand and Seal the 8th day of June 1653. O. Cromwell Further Relations of the late Fight at Sea with the Dutch but to the same effect with the former and that the English Fleet were still in chase of the Dutch Fleet towards their own Coast 9. Letters of 2 Dutch Ships taken by the Warwick Frigot that as soon as the Dutch discovered her to be one of the States Men of War they presently submitted to her 10. Of a Tumult lately in Linlithgow in Scotland the people refusing to receive a Minister whom the Presbit'ry would have imposed on them and some of the Kirk-men were soundly beaten in the scuffle A Ship of Jersey taken by the French 11. Of a private Man of War of Captain Williams who brought to Pendenuis 3 prizes whereof one had store of money but how much it was the Marriners took course it should not be discovered An other private Man of War brought 3 Dutch Prizes into the Isle of Wight That the English Fleet was before the Brill and other Dutch Harbours blocking up their Ships and that thereupon the Dutch People were in very great confusion 13. A party of Soldiers being sent into the Highlands to gather the Sess there a Company of Highlanders got together in Arms and followed the Soldiers 8 Miles who making a hault fired upon the Highlanders and slew their Captain and thereupon all of them fled distractedly and left divers of their Company dead upon the place those that ran away were too nimble for the English Soldiers to pursue them eight Men of War of the English Fleet brought into Leith Road 20 small Dutch Vessels Busses and other Prizes 14. The General and Councel of State published a Declaration to invite all the good People in these Nations to thankfulness and holy rejoycing in the Lord for the late great Victory at Sea against the Dutch and appointed a Day for meeting of himself and his Councel of Officers to praise the Lord. This took the more with many People because it was not a command and imposing upon Men but only an Invitation of them to keep a day of publick thanksgiving Collonel John Lilburn arriving at London sets forth an Address to Cromwell under this Title The banished Mans suit for Protection to his Excellency the Lord-General Cromwell being the humble Address of Lieutenant-Collonel John Lilburn This was written from his Lodging in little More-fields where by Warrant of the Councel of State he was taken into Custody and Committed to Sherriff Vnderwood's House 15. The English Fleet were plying to and again betwixt the Texel and the Vly to hinder Ships coming out from thence to joyn with that part of the Dutch Fleet now at the Weilings and to stop up their Trade and Fishing 16. Lieutenant-Collonel Lilburn being Prisoner in Newgate now published another Address to Cromwell and the Councel of State for repealing the Act of the late Parliament for his banishment for which he gave divers reasons because it was a Judgment against him by the Parliament according to no law in being That the Act is a Law made after the Fact done to ordain a punishment for that Fact which was never ordained or heard of before That the Parliament which made that Law being now dissolved the Law ought to be of no Force He prays the Suspension of any proceedings against him upon that Law till the Justice of the matter and manner of it be legally examined Two small Vessels of Scilly Loaden with Provisions for the Island were taken by the Brest Pickaroons One of Prince Rupert's Men in a mad humour leaped over-board into the Sea and was drowned and another of them in a bravado killed himself with his own Pistol 17. The Highlanders in Scotland began to gather together in Arms upon Commissions they received from the King of Scots The English Fleet were upon the Dutch and French Coasts 18. Captain Steiner brought into Lee Road 12 prizes Dutch Men of War taken in the late Fight and of Dutch Prisoners 1350 who were brought to London and secured in Chelsey Colledge An Agent came from Holland with Letters to Cromwell about their Ambassadors coming hither to Treat for Peace Cromwell received and carried the Letters to the Councel of State 20. The last week arrived in England Mnr. Bevering a Commissioner from Holland and had Audience before the Councel of State and made a short Speech in French for amity between the two Common-wealths this day arrived 3 more New-port Van Dorpar and Yongstall Commissioners from the United Provinces Lieutenant-Collonel Lilburn made a 3d Address to Cromwell and the Councel of State A Petition in the names of 5000 Citizens of London
be equally placed in Him and the Parliament but yeilded up at any time it determines his power either for doing the good he ought or hindering Parliamens from perpetuating themselves or from imposing what Religions they please on the Consciences of men or what Government they please upon the Nation thereby subjecting us to Dissettlement in every Parliament and to the desperate consequences thereof and if the Nation shall happen to fall into a blessed Peace how easily and certainly will their charge be taken off and their Forces be disbanded and then where will the danger be to have the Militia thus stated What if I should say If there should be a disproportion or disequality as to the power it is on the other hand and if this be so wherein have you had cause to quarrel What Demonstrations have you held forth to settle Me to your opinion would you had made me so happy as to let me have known your Grounds I have made a free and ingenuous confession of my Faith to you and I could have wished it had been in your hearts to have agreed that some friendly and cordial debates might have been towards mutual Conviction was there none amongst you to move such a thing no fitness to listen to it no desire of a right understanding if it be not folly in Me to listen to Town-talk such things have been proposed and rejected with stiffness and severity once and again was not likely to have been more advantagious to the good of this Nation I will say this to you for My self and to that I have my Conscience as a thousand Witnesses and I have my comfort and contentment in it and I have the Witness of divers here that I think truely scorn to own Me in a Ly that I would not have been averse to any alteration of the good of which I might have been convinced although I could not have agreed to the taking it off the Foundation on which it stands viz. The acceptation and consent of the People I will not presage what you have been about or doing in all this time or do I love to make Conjectures but I must tell you this That as I undertook this Government in the simplicity of my heart and as before God and to do the part of an honest man and to be true to the Interest which in my Conscience is dear to many of you though it is not always understood what God in his wisdom may hide from Us as to Peace and Settlement So I can say that no particular Interest either of my Self Estate Honour or Family are or have been prevalent with me to this Undertaking For if you had upon the old Government offered to me this one thing I speak as thus advised and before God as having been to this day of this opinion and this hath been my constant Judgment well known to many that hear me speak if this one thing had been inserted that one thing that this Government should have been and placed in my Family Hereditary I would have rejected it and I could have done no other according to my present Conscience and Light I will tell you my reason though I cannot tell what God will do with Me nor you nor the Nation for throwing away precious opportunities committed to US This hath been my Principle and I liked it when this Government came first to be proposed to me That it put Us off that Hereditary way well looking that as God had declared what Government he had delivered to the Jews and placed it upon such persons as had been instrumental for the Conduct and Deliverance of his People And considering that promise in Isaiah That God would give Rulers as at the first and Judges as at the beginning I did not know but that God might begin and though at present with a most unworthy Person yet as to the future it might be after this manner and I thought this might usher it in I am speaking as to my Judgment against making it Hereditary to have men chosen for their Love to God and to Truth and Justice and not to have it Hereditary for as it is in Ecclesiastes Who knoweth whether he may beget a Fool or Wise honest or not what ever they be must come in upon that account because the Government is made a Patrimony And this I do perhaps declare with too much Earnestness as being my own Conternment and know not what Place it may have in your Hearts and of the good people in the Nation but however it be I have comfort in this my truth and plainness I have thus told you my thoughts which truly I have declared to you in the fear of God as knowing he will not be mocked and in the strength of God as knowing and rejoycing that I am kept in my speaking especially when I do not form or frame things without the compass of Integrity and Honesty that my own Conscience gives me not the Lye to what I say and then in what I say I can rejoyce Now to speak a word or two to you Of that I must profess in the name of the same Lord and wish that there had been no cause that I should have thus spoken to you and though I have told you that I came with Joy the first time with some regret the second that now I speak with most regret of all I look upon you as having among you many persons that I could lay down my life individually for I could through the Grace of God desire to lay down my life for you So far am I from having an unkind or un-Christian heart towards you in your particular capacites I have that indeed as a work most incumbent upon Me I consulted what might be My Duty in such a Day as this casting up all Considerations I must confess as I told you that I did think occasionally this Nation hath suffered extremely in the respects mentioned as also in the Disappointments of their Expectations of that Justice that was due to them by your siâ—ting thus long and what have you brought forth I did not nor cannot apprehend what it is I would be loath to call it a Fate that were too Paganish a Word but there is somthing in it that we have not our Expectations I did think also for my self that I am like to meet with Difficulties and that this Nation will not as it is fit it should not be deluded with pretexts of Necessity in that great business of raising of money and were it not that I can make some Dilemma's upon which to resolve some things of my Conscience Judgment and Actions I should sinck at the very prospect of my Encounters some of them are general some are more special supposing this Cause or this Business must be caried on either it is of God or of Man if it be of Man I would I had never touched it with a finger if I had not had a hope fixed
the contrary And that all Writs and all Commissions Indictments or Informations Process Actions Suits Bills or Plaints taken out or now depending in any Court of Record at Westminster or any other Court of Record in England Scotland or Ireland or in the Town of Berwick upon Tweed And all Process Pleas Demurrers Continuances and Proceedings in every such Writs Indictments Informations Actions Suits Bills and Plaints shall be retornable stand good and effectual and be prosecuted and sued forth in such manner and form and in the same state condition and order the Style and Teste of Proceedings after passing of these presents being made conformable thereunto this present Petition and Advice or your Highness assent thereunto or any Law Custome or usage to the contrary thereof in any wise notwithstanding And that any variance that shall be occasioned by reason thereof touching any the said Writs process or proceedings in the Name Style Teste or otherwise shall not be in any wise material as concerning any default or errour to be alledged or objected thereunto XVIII And that your Highness and your Successors will be pleased to take an Oath in such form as shall be agreed upon by your Highness and this present Parliament to Govern these Nations according to the Law And in case your Highness shall not be satisfied to give your consent to all the Matters and Things in this Humble Petition and Advice that then nothing in the same be deemed of Force to oblige the People of these Nations in any the particulars therein contained And these our desires being granted by your Highness we shall hope through the rich mercy and goodness of God that it will prove some remedy to those dangers distractions and distempers which these Nations are now in and be an effectual means to remove those jealousies and fears which remain in the minds of many men concerning the Government of this Common-wealth And thereby we shall be enabled and encouraged with all chearfulness to the setling of such things which shall be further necessary for the good of these Nations and be most ready to joyn with You in promoting the work of Reformation happily begun by your Highness the regulating Courts of Justice and abridging both the delaies and Charges of Law Suits and apply our selves to such other Courses and Councels as may be most like to heal our breaches and divisions and to restore these poor Nations to a Vnion and consistencie with themselves and to lay a foundation of further confidence between your Highness and them to the rejoycing of the hearts of our friends and terror of our Enemies His Highness answer thereunto after a solemn Speech to them Read by the Clerk of the Parliament in these words The Lord Protector doth consent 26. Further consideration of the Settlement of the Nation by the Parliament 28. A Letter from the Protector to the House with a Petition inclosed from the Army in Ireland which the House referred to the Committee for Ireland June 1657. 1. A Bill for maintenance of Ministers in the City of Bristoll 3. A Day of Thanksgiving for the success of General Blake against the Spanish Fleet at Sancta Cruz. 4. A Bill for the better choosing of persons into places of trust 9. The House went to the Painted Chamber when the Protector met them and made a solemn Speech to them in Answer to the Speech of the Speaker to him and passed these Bills following An Act for an Assessment upon England at the rate of 60000 l. by the Month for three Months from the 25th day of March 1657 to the 24th day of June then next ensuing An Act for limiting and setting the Prices for Wines An Act for the taking away of Purveyance and Compositions for Purveyance An Act against Vagrants and wandring idle dissolute persons An Act giving licence for transporting Fish in foreign Bottoms An Act for three Months Assessment in Ireland for the maintenance of the Spanish War and other Services of the Common-wealth 13. The humble additional and explanatory Petition and Advice debated in the House 19. A Bill for the surveying of some Forests and a Bill for ascertaining the Publick Faith Debts 20. Much Debate was upon the Bill for restraint of new Buildings in and about London Letters from the Protector to the Speaker for putting off the Adjournment of the Parliament for four or five days 22. A Bill for Importation of Bullion 23. A Committee to prepare an Oath to be taken by the Lord Protector and for the solemnization and publishing of his Highness acceptance of the Government and touching the settlement of his Highness Council An Act of Indempnity 24. Upon a Report from the Committee and some Amendments the House agreed to the Form of an Oath to be taken by the Protector and to another Oath to be taken by his Council and an Oath was agreed to be taken by the Members of Parliament and they agreed to a Paper touching the summoning such persons before the next meeting of Parliament and who are to serve as Members in the other House of Parliament according to the humble Petition and Advice and they agreed touching the Solemnities of his Inauguration A Committee appointed to acquaint the Protector with these Votes and to shew him the Oaths and to desire him to appoint times for the execution of them and for his consent to the Bills passed the House 25. Sir Harbottle Grimston published the Reports of Judge Croke 26. The Parliament ordered the Master of the Ceremonies to give notice to foreign Ambassadours and Ministers of the Inauguration of the Protector Order for the Commissioners of the Seal with advice of the Judges to prepare and frame a Writ for summoning the Members of the other House of Parliament to meet at such time and place as shall be appointed by his Highness and the Commissioners are to seal such Writs and to issue them out to such persons as his Highness under his Sign Manual shall direct and appoint A Bill passed for adjourning the Parliament from this 26th of June to the 20th of January next A place being prepared at the upper end of Westminster-Hall in the midst of it was a rich Cloth of State set up and under it a Chair of State upon an Ascent of two Degrees covered with Carpets before it a Table and a Chair by it for the Speaker on each side of the Hall were Seats built one above another and covered for the Members of the Parliament below them Seats on the one side for the Judges and on the other side for the Lord Mayor and Aldermen of London About Two a Clock in the Afternoon the Protector met the Parliament and gave his consent to some Bills then the Speaker and Members went to their places in Westminster-Hall and the Judges and Aldermen took their places A little time after this his Highness came attended with his own Gentlemen and with the Heralds Serjeants at Arms The
they afterwards were great with the King Upon receipt of the news of the Rebellion in Ireland the King was much troubled and being at that distance from his Parliament in England he sent expresses to them and referred the whole management of the Irish business to his Parliament at London November 20. the Lords Justices and Council in Ireland sent a more particular account to the Lord Lieutenant here of the Irish affairs he returned answer That he had acquainted the King at Edenburgh with all their dispatches and that His Majesty had referred the Irish business and management of the War there to his Parliament of England Some talked broadly of the Earl of Leicester's retarding so long his Service of Lieutenant of Ireland especially in such a time as then He was now pleased to Commissionate the Earl of Ormond to be his Deputy which was afterwards confirmed by the King but many wondred that the Earl did not go in his own person Some Members of the Parliament in Ireland and most of the Papists even in the Pale and generally in all places took part with the Rebels The Lord Moore stood faithfull to his King and Religion The Rebels to be revenged on him sent about a thousand men to his house three Miles from Tredah the Forces in the house were but twenty four Foot and fifteen Horse besides some few Servants and they had but six Shots of Powder apiece yet when the Rebels assaulted them they killed 140 of them All their Powder being spent and then some of their small number slain they yielded upon quarter yet the Rebels threw them out at the Windows an old Gentleman they ran through the body cut the Throat of an old blind man stripped all the women plundred the house of all the goods and so left it From Dublin they sent six hundred Foot to supply Tredah two thousand of the Rebels waited for them to intercept them and the English in a Fogg came within Musket-shot of them before they were descryed then the Captain Commanded a Counter-march in which the English were forced to take a Ditch which the Enemies thinking to be a flight they shouted and that so amazed and confounded the English that the Rebels charging them slew most of them near Gillingston-Bridge The Lord Ormond's Troop of Fifty Horse made their way through without loss of a man but by this Defeat the Rebels got store of Arms and Moneys and much encouragement The Master of a Chester Bark laden with Arms and Money for Dublin betrayed all to the Rebels who now were set down before Tredah and all the Popish Lords and Gentlemen within the Pale joyned with them About the latter end of November the King returned from Scotland he was sumptuously feasted at London by the Citizens and he banquetted them at Hampton Court and made divers of the Aldermen Knights Decemb. 2. He came to both Houses of Parliament and told them He had made as much haste from Scotland as those Affairs permitted in which he had so good success that he had left that Nation a most peaceable and contented People That he doth not find this Nation so settled as he expected but full of Jealousies and Alarms of Designs and Plots that Guards have been set to defend both Houses That he doubts not of his Subjects Affections to him by his reception at his return and mentions his own Affection to his People and so far from repenting of what he had done for them that he was willing to pass any thing more that might justly be desired for their Liberties and for maintenance of Religion Recommends to them the business of Ireland the preparations for it going on but slowly Then he sets forth a Proclamation For obedience to the Laws concerning Religion and that none introduce any Rite or Ceremonie other than those established by Law At this time this was not held by many to be very seasonable but divers were offended at it He also published a Proclamation for all the Members of Parliament To repair to the Houses by a day And Decem. 14. He again spake to both Houses To quicken them in the business of Ireland expresseth his detestation of all Rebellion particularly of this and offers his pains power and industry to contribute to that necessary work of reducing the Irish to obedience That for the Bill for pressing of Souldiers lodged with the Lords if it came to him he promiseth to pass it And because some had started the Question into a Dispute concerning the bounds of the King's Prerogative herein he offers to avoid such Debate that the Bill shall pass with a Salvo jure both for King and People And concludes conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland Upon this the Parliament Petition the King touching the Privilege of Parliament their Birth-right declaring with all duty that the King ought not to take notice of any Matter in agitation and debate in either House but by their information nor ought to propound any Condition or Provision or Limitation to any Bill or Act in debate or preparation or to manifest or declare his Consent or Dissent Approbation or Dislike before it be presented in course nor ought to be displeased with any Debate of Parliament they being Judges of their own Errours and Offences in debating Matters depending That these Privileges have been broken of late in the Speech of his Majesty Decem. 14. particularly in mentioning the Bill of Impress offering also a provisional Clause by a Salvo jure before it was presented and withal they take notice of his Majestie 's Displeasure against such as moved a question concerning the same They desire to know the Names of such Persons as seduced his Majesty to that Item that they may be punished as his Great Council shall advise his Majesty Divers indifferent men wondered both at the King's Speech which gave the cause of Exception and was indeed notoriously against the Course and Privilege of Parliament that his Council should not inform him thereof And they also apprehended this Petition somewhat too rough in the Expressions of it to their King but the general Fate of things drove on this way to increase the Jealousies betwixt King and People and God was pleased so to order it to bring to pass what he had determined The Parliament resolve not to proceed in their Affairs till they had a satisfactory Answer to their Petition and some of them were jealous of too much favour to the Irish Rebellion by some about the King and divers went yet higher The King with some regret withdraws to Hampton Court hoping by his absence to avoid Exceptions but this increaseth discontent in the Parliament who the next day appoint a Committee to follow him thither and now they speak plainly That the whole frame of Government is out of order Among other Grievances Complaint was made by
to perswade the General to embrace His Majestie 's offer and that if he would come and treat with them he should be as safe as in his own Tent and that a Committee of both parties might be nominated to treat of those matters The General 's answer was that he was trusted by the Parliament to fight and not to treat and that he would not break the trust reposed in him to treat without their consent The Parliament ordered thanks to be returned to the Lord General for his care and fidelity and supplies to be made for his Army The Assembly of Divines communicated to the Parliament a Letter sent to them from the Kirk of Scotland lamenting that Church government was not yet settled Colonel Middleton joyning with the forces under Sir Anthony Ashley Cooper Colonel Jepthson and others marched to Wareham in Dorsetshire and suriously assaulting one of the Out-works beat the Enemy into the Town and they rendered it upon terms and 300 of the Garrison undertook to serve the Parliament against the Rebels in Ireland A party of the Enemy being quartered about Bisseter in Oxfordshire Captain Ennis met with them and both parties fought desperately Captain Ennis killed one that charged him furiously and divers others of the King's party were killed and taken Prisoners after this they went to Bostal House where the Garrison sallying out upon them were beaten back with loss Letters from the General certified that he had sent a party under Colonel Beere and Colonel Sheffield against Greenvile who was 1600 strong in Foot and 300 Horse and 5 Drakes that they had routed a party of his forces and taken divers Officers and 80 Men and many Horse Welbeck House was surrendred to the Earl of Manchester Mr. Darley a Member of the House was released from his imprisonment in Scarborough Castle A Letter from the Lord Inchequin to the King was read in the House wherein he declares his resolution to oppose the Irish Rebels and to defend Munster from them and beseecheth His Majesty to call in his Proclamation wherein he terms them his Subjects and to proclaim them as indeed they are blood-thirsty and cruel Rebels The Assembly had leave to debate the whole matter of the Ordinance for Ordination of Ministers and for settling the government of the Church One who attended that Debate the Question being there propounded to be put that the government by Presbytery is Jure Divino spake to that Question in the Assembly to this effect Mr. Prolocutor I might blush to speak in this reverend Assembly upon the question now in debate before you had I not by the honour of being one of your Members seen your candour to others and observed you to be most able to give satisfaction to any scruples here and to enable such as I am to satisfy objections abroad whereof I have met with some your Question it seems not being under secrecy It is said Sir That this Question is very large and comprehensive and they instance upon the terms of it Government Church Presbyteries and Jure Divino all which they say are of various significations and your meaning by them not easie to be understood The word Government you well know Sir is proper for the guidance of a Ship so Cicero useth it Et si in ipsa gubernatione negligentia Navis est eversa And so in Plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the act of steering a Ship And the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from whence some fetch our English word Government hath the same sense All take it for the prudent and well ordering and managing of persons and affairs that men may live well and happily and this I also take to be your sense in the word Government The word Church I confess admits more variety of interpretations and I must not wast so much of your time nor is it needfull to persons of your great learning to reckon them As sometimes it is taken in the large sense of all Believers and sometimes in the sense of every particular Congregation of God's people and of Believers in a Nation and you know the Greek Poet takes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Meetings of Mirth or Jollity But to take the word in the sense wherein it was first introduced by the Popish Clergy I am sure will not be admitted by you They used indeed many Canting Expressions as Ecclesiastical and Lay Spiritual and Temporal Church and State and the like and all were to make a distinction between themselves and other men that they might be accounted more holy and as a distinct Nation in the Midst of the Nation to bring more reverence and privilege and money to them than otherwise they could obtain Some would say of the Puritans that they used a kind of Canting language to bring them into the more scorn I am sure the imputation is more just upon the Popish Clergy who by this canting would exclude all others but themselves to be of the Church of Christ and exalt themselves above their Brethren Whereas doubtless every one though never so much as they term him a Lay-man is as much a Member of the Church if he be a Believer as they that wear Cooles or Hoods or Canonical Coats or Tippets But I suppose you mean by Government of the Church the ordering and ruling of Matters and Persons having relation to the worship of God in the meetings of his people in the Church or in things belonging thereunto which by some are called Spiritual Matters Thereupon it is objected by some that Government being a Civil thing cannot be exercised about things that are Spiritual Government is onely external and Spiritual things are onely internal not capable of being ordered by any but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the great Knower of Hearts and are become the power of Government of Men. But this Notion may go too far perhaps I hope to be informed by your learned Debates to a clearer understanding of it and shall pass to the next Term of the Question Presbytery This word they say was unknown till of late in the sense many do now use it that among the Jews it was the highest honour and dignity given to the Members of their Great Sanhedrim and therefore is not now so properly to be attributed to the Rulers of every small Congregation I am none of those Mr. Prolocutor who except against the Presbyterian Government I think it hath a good Foundation and hath done much good in the Church of Christ But Sir whether this Form of Government be Jure Divino or not may possibly admit of some dispute and whether it be now requisite for you to declare that it is so If the meaning be that it is Jure Divino Ecclesiastico then the question will be raised of the Magistrate's imposing Forms and upon Mens Consciences for then this will be the Magistrate's Imposition Jure Divino Ecclesiastico But if the meaning be Jure Divino Absolute
and shall be ready to give our faithfull advice in what shall be required of us Wh. Your Excellence I am assured is fully satisfied of our affections and duty to your Self and to that cause in which we are all engaged and my Lords the Commissioners of Scotland will likewise I hope entertain no ill thoughts of us L. Gen. My Lord Chancellour of Scotland and the rest of the Commissioners of that Kingdom desired that you two by name might be consulted with upon this occasion and I shall desire my Lord Chancellour who is a much better Oratour than I am to acquaint you what the business is L. Chancellour Mr. Maynard and Mr. Whitelocke I can assure you of the great opinion both my brethren and my self have of your worth and abilities else we should not have desired this meeting with you and since it is his Excellencie's pleasure that I should acquaint you with the matter upon whilke your counsel is desired I shall obey his commands and briefly recite the business to you You ken vary wee le that General Lieutenant Cromwel is no friend of ours and since the advance of our Army into England he hath used all underhand and cunning means to take off from our honour and merit of this Kingdom an evil requital of all our hazards and services but so it is and we are nevertheless fully satisfied of the affections and gratitude of the gude people of this Nation in the general It is thought requisite for us and for the carrying on of the cause of the tway Kingdoms that this obstacle or remora may be removed out of the way whom we foresee will otherwise be no small impediment to us and the gude design we have undertaken He not onely is no friend to us and to the Government of our Church but he is also no well willer to his Excellence whom you and we all have cause to love and honour and if he be permitted to go on in his ways it may I fear indanger the whole business therefore we are to advise of some course to be taken for prevention of that mischief You ken vary wee le the accord 'twixt the twa Kingdoms and the union by the Solemn League and Covenant and if any be an Incendiary between the twa Nations how is he to be proceeded against now the matter is wherein we desire your opinions what you tak the meaning of this word Incendiary to be and whether Lieutenant General Cromwel be not sike an Incendiary as is meant thereby and whilke way wud be best to tak to proceed against him if he be proved to be sike an Incendiary and that will clepe his wings from soaring to the prejudice of our Cause Now you may ken that by our Law in Scotland we clepe him an Incendiary whay kindleth coals of contention and raiseth differences in the State to the publick dammage and he is tanquam publicus hostis patriae whether your Law be the same or not you ken best who are mickle learned therein and therefore with the favour of his Excellence we desire your judgments in these points L. Gen. My Lord Chancellour hath opened the business fully to you and we all desire your opinions therein Wh. I see none of this honourable Company is pleased to discourse further on these points perhaps expecting something to be said by us and therefore not to detain you longer I shall with submission to your Excellence and to these honourable Commissioners of Scotland declare humbly and freely my opinion upon those particulars which have been so clearly proposed and opened by my Lord Chancellour The sense of the word Incendiary is the same with us as his Lordship hath expressed to be by the Law of Scotland one that raiseth the fire of contention in a State that kindles the burning hot flames of contention and so it is taken in the accord of the two Kingdoms Whether Lieutenant General Cromwel be such an Incendiary between these two Kingdoms as is meant by this word cannot be known but by proofs of his particular words or actions tending to the kindling of this fire of contention betwixt the two Nations and raising of differences between us If it do not appear by proofs that he hath done this then he is not an Incendiary but if it can be made out by proofs that he hath done this then he is an Incendiary and to be proceeded against for it by the Parliament upon his being there accused for those things This I take for a ground that my Lord General and my Lords the Commissioners of Scotland being persons of so great honour and authority as you are must not appear in any business especially of an Accusation but such as you shall see before-band will be clearly made out and be brought to the effect intended Otherwise for such persons as you are to begin a business of this weight and not to have it so prepared before-hand as to be certain to carry it but to put it to a doubtfull trial in case it should not succeed as you expect but that you should be foiled in it it would reflect upon your great honour and wisedom Next as to the person of him who is to be accused as an Incendiary it will be fit in my humble opinion to consider his present condition and parts and interest wherein Mr. Maynard and my self by our constant attendance in the House of Commons are the more capable to give an account to your Lordships and for his interest in the Army some honourable persons here present his Excellencie's Officers are best able to inform your Lordships I take Lieutenant General Cromwel to be a Gentle-man of quick and subtle parts and one who hath especially of late gained no small interest in the House of Commons nor is he wanting of Friends in the House of Peers nor of Abilities in himself to manage his own part or defence to the best advantage If this be so my Lords it will be the more requisite to be well prepared against him before he be brought upon the Stage lest the issue of the business be not answerable to your expectations I have not yet heard any particulars mentioned by his Excellence nor by my Lord Chancellour or any other nor do I know any in my private observations which will amount to a clear proof of such matters as will satisfy the House of Commons in the case of Lieutenant General Cromwel and according to our Law and the course of proceedings in our Parliament that he is an Incendiary and to be punished accordingly However I apprehend it to be doubtfull and therefore cannot advise that at this time he should be accused for an Incendiary but rather that direction may be given to collect such particular passages relating to him by which your Lordships may judge whether they will amount to prove him an Incendiary or not And this being done that we may again wait on your Excellence if you please and
between the two Nations and all jealousies removed That the Priviledge of Parliament may be so qualified that men may recover their Debts That the publick Revenues may be imployed to publick use and the Taxes of the City abated That the compositions of Delinquents may be imployed to pay the Debts owing to the City and Citizens That Plymouth Duty may be taken off That the Committee at Haberdashers Hall may be dissolved That the reducing of Ireland may be considered That the Letter of the Parliament of Scotland to this City may be returned That the City may enjoy the Militia as it was presented at Uxbridge Treaty That Quatermaine may be punished for his affront to this City That the Lord Mayor may be vindicated That none of their expressions in this Remonstrance may be interpreted as charging any thing upon any Members of the House or intrenching upon their Priviledges and profess their readiness to serve the Parliament The Lords returned answer acknowledging the great Services and Merit of the City and giving them thanks for the testimony of their Duty and good Affections The Commons had a long debate upon this Petition many expressed great offence at it and that the City should now prescribe to the Parliament what to do and many sober men were unsatisfied with this action of the City and looked upon it as wholly a design of the Presbyterian Party and it was not liked They came at last to this Answer That the House had debated their Remonstrance and Petition and would take it into Consideration in convenient time A Committee appointed to receive an Information of importance from a Member of the House The King sent orders to the Marquess of Montross to disband his Forces Lieutenant Col. Coffes-worth was slain by a shot from Oxford A Pass was desired for the Lady Aubigney to go forth of Oxford but was denyed Radcot House was surrendred to the General Col. Whaley Besieged Worcester and Col. Morgan besieged Ragland Castle 27. The Monthly Fast day A Petition from the Ministers of Essex c. that Church-Government might be setled answered that it was in consideration Order to revive a Committee for examination of divulging and maintaining Heresies 28. The Lords passed an Ordinance for taking away the abuse and delay in writs of Error A Conference about the disposal of the Princess Henrietta Debate about compositions of Delinquents and many Ordinances passed the House for them 29. A long report and debate touching the transactions between the Parliaments Commissioners and the Scots before Newarke The Kings Letter to the Governor of Oxford to surrender that Garrison upon honourable terms was read and voted unsatisfactory and not to be sent Some Sallys were made out of Worcester upon the Besiegers but they were driven back Sir Trevor Williams fell upon the Ragland horse at Vske killed about sixteen of them and took twenty Prisoners and the next day he siezed upon eighty of the Kings horse as they were grazing under the Castle wall the Garrison burnt the greatest part of Ragland Town The Forces before it of Col. Morgan Major General Laugherne and Sir Trevor Williams were in all about five thousand 30. A further report from the Commissioners who resided in the Scots Army before Newarke of their transactions with the Scots and of several Papers and Petitions and of divers complaints against some of the Scots Forces for plunderings and misdemeanours of the Scots and proof thereof by Witnesses examined The House approved what the Commissioners had done and gave them thanks for their good service herein and Ordered a Committee to peruse those Papers Petitions and Examinations and to make a full report thereof and touching the Scots surrender of the English Garrisons in their hands Thus the matter of discontent began to increase betwixt the two Kindoms the Presbyterian Party here sought as far as modestly they could to support the interest of their Brethren of Scotland Others did not spare to aggravate matters against them the General was much inclined to the Presbyterians Cromwell and his Party were no friends to their designs of conformity but carried their business with much privacy and subtilty The House proceeded upon the propositions for Peace and voted to have the Militia in the hands of both Houses of Parliament not complying with what the King desired herein Many Sober men and lovers of Peace were earnest to have complyed as far as in safety they might with what the King proposed from Nen-Castle but the Major Vote of the House was contrary and for the most part the new elected Members took in with those who were averse to a complyance with that which his Majesty propounded and their number swayed very much upon the questions June 1646. June 1. Letters of the sufferings of the Northern parts by the Scots Army who instead of eight thousand pound per men have charged nine thousand pound a Month and the refusers or persons not able to pay are plundered and cruellyused referred to a Committee to state the matter to the House They desired the Lords concurrence to their former vote That this Kingdom hath no further need of the Scots Army A Paper from the Scots Commissioners here desiring present Moneys for their Army auditing of their Accounts and payment of their Arrears referred to a Committee to draw an answer to it Progress upon the Propositions for Peace The General sent honourable conditions to the Governor of Oxford who desired a day or two to consider of them the General had all things ready for a Storm Charles Fort was surrendred to Col. Welden for the Parliament upon Articles Major General Mitton Besieged Caernarvon Denbigh Flint and Holt Castles 2. An humble acknowledgment and Petition of many thousands of London was presented to the House setting forth the power of Parliaments and the labours and successes of the present Parliament which causeth the more opposition against them Prayes them to proceed in managing the affairs of the Kingdom according to their own best wisdoms and the trust reposed in them and to punish Delinquents and procure Peace And that they would never suffer the free born people of this Kingdom to be inslaved upon what pretence soever nor any other to share with the Parliament or to prescribe to them in the Government or Power of this Nation That the Petitioners will stand by the Parliament with their Lives and Fortunes This was a Counter Petition to the former from the City and now the designs were to make Divisions Arms beginning to fail The Petitioners were called in and had thanks for their good affections Ludlow Castle was surrendred to the Parliament Progress in the business of the Church Hudson escaped from New-castle the French Agent was busie there 3. Order for pay for the Garrison of Henley Orders for Money for Reading and Abbington Garrisons The Ordinance for Church-Government sent up to the Lords Referred to the Committee of both Kingdoms to
Princes Dukes Earls Lords and all persons alike liable to every Law of the Land 7. That all Commoners be freed from the Jurisdiction of the Lords in all cases and all tryals to be of twelve Sworn men and no conviction but upon two or more sufficient known Witnesses 8. That none be examined against themselves nor punished for doing that against which no Law is provided 9. That the proceedings in Law be abbreviated mitigated and made certain the charge thereof in all particulars 10. That all trade be made free from all monopolizing and ingrossing by Companies or otherwise 11. That the Excise and all kind of taxes except Subsidies be taken off 12. To have laid open all late inclosures of Fenns and other Commons or to have them inclosed only or chiefly for the benefit of the Poor 13. To have considered many thousands that are ruined by perpetual imprisonment for debt and provided for their inlargement 14. To have ordered some effectual course to keep people from begging and beggery in so fruitful a Nation as by Gods blessing this is 15. To have proportioned punishments more equal to offences that so mens lives and estates might not be forfeited upon trivial and slight occasions 16. To have removed the tedious burden of Tithes satisfying all Improprietors and providing a more equal way of maintenance for poor Ministers 17. To have raised a stock of mony out of confiscated Estates for payment of those who contributed voluntarily above their abilities before those that disbursed out of their superfluities 18. To have bound themselves and all future Parliaments from abolishing Propriety levelling mens Estates or making all things Common 19. To have declared what the duty or business of the Kingly Office is and what not and have ascertained the revenue past increase or diminution that there be no more quarrels about it 20. To have rectified the election of publick Officers for London restoring the Commonalty thereof to their just Rights 21. To have made reparation to all oppressed by Sentences in High Commission Star-Chamber and Council Board or by any Monopolies or projects and that out of the Estates of those that were Authors Actors and Promoters of those mischiefs and that without much attendance 22. To have abolished all Committees and have conveyed all businesses into the true method of the usual tryals of the Common-Wealth 23. Not to have followed the example of former Tyrannous and superstitious Parliaments in making Orders Ordinances or Laws or in appointing punishments concerning Opinions or things supernatural stiling some Blasphemies others heresies 24. To have declared what the business of the Lords is and ascertained their condition not derogating from the Liberties of other men that so there might be an end of striving about the same 25. To have done Justice upon the Capital Authours and Promoters of the former or late Wars 26. To have provided constant pay for the Army and to have given rules to all Judges and other Officers for their indemnity and saving harmeless all that have assisted 27. To have laid to heart the abundance of innocent blood that hath been spilt and the infinite spoil and havock that hath been made of peaceable harmless People by express Commission from the King and to have seriously considered whether the Justice of God be likely to be satisfied or his yet remaining wrath to be appeased by an Act of Oblivion The House gave thanks to the Petitioners for their great pains and care to the publick good of the Kingdom and said they would speedily take their desires into Consideration Another Petition was from well Affected Masters and Commanders of Ships Shewing that the Parliament had done Contrary to their Declarations and trade destroyed and they Petition for convoyes of their Ships in trading Outwards and Inwards according to the order of the Hollanders And that all monopolies and restraint of trade may be removed and some way taken to prevent the Shipping of Goods in foreign bottoms Intelligence from the revolted Ships that some of them are mending in Holland that the Saylors are insolent in their carriage towards the Prince Letters from the Isle of Wight that the King was removed to the place of Treaty and had his Liberty to ride about the Island Letters from Chester that by a Council of War there two were condemned and executed for a Plot to betray that City to the Kings Forces Letters from the North that a hundred Scots were brought in Prisoners by the Country that Cromwel was in pursuit of the Enemy and Lambert in the reare of him that the Enemy are about six thousand strong That Colonel Bethel and Colonel Lassells are sent to inforce the siege at Scarborough where three hundred Walloons are landed by command of the Prince That the Souldiers run away from Pontefract Castle to the Parliaments Party 12. The day of publick Humiliation for a blessing upon the Treaty Letters from New-Castle That Lieutenant General Cromwell was about Durham pursuing the Enemy who in the Bishoprick had exceedingly plundered and terrified the people wounding divers taking away the Children of others to get mony for the redemption of them and besides quarters they took of some three pound a House That those who cryed up Duke Hamilton's Party for the great reformers having been thus used by them and with civility by the Parliaments party their opinions are now altered That Monroe held a Council of War and resolved to march back to the Colepits and fire them all but two Posts came speeding to him to have him return presently back to Scotland for that the Presbyterian Ministers had got hold of the Civil Sword made the Marquess of Argyle General who was four thousand strong and too hard for the new levyed Forces of the Lord Lannerick Brother to Duke Hamilton That these Messengers came from Craford and Lannerick That the Scots Ministers had decreed among other things that in regard of the great defection to the Government throughout Scotland they will not administer the Sacrament of the Supper for one year to come That this saved the Colepits and sent the Scots the nearest way over Tweed in such hast that they had almost left their plunder behind them had they not preferred it before life and they left their confederate English to shift for themselves That some of Lieutenant General Cromwells Forces were gon over Tine and Major General Lambert marched by the way of Carlisle and many Countrey-men went with them to seek their Goods and Cattle carryed away into Scotland 13. The Grand Committee sat upon the Ordinance for sale of Deans and Chapter-lands and voted that a hundred pounds per annum should be the least that should be allowed to any minister for his benefice Letters from the Committee of York that the Treaty about Pontefract not taking effect they desired twenty thousand pounds for the Souldiery the House ordered twelve thousand pounds for them Some of the former
intellectis Recordo Processu coram toto concilio tam Thesaurar Baronibus de Scaccar quam Cancellar ac etiam Justitiariis de utroque Banco dicunt quod ad Domium Regem pertinet praesentare Ideo consideratum est c. with this agrees H. 3. 2 E. 1. coram Rege in fine rotuli Co. Lit. 304 and several other anthorities and in Cases of more difficulty it was usual to adjourn the matter into the Parliament Impartiality is likewise necessary to have the truth prevail that neither great men nor mean men may pervert it nor to turn truth into falshood or falshood into truth In the decret of Erod it is ordain'd hoc Judex curare debet ut aequa conditione litigetur The like in the Laws of our antient Kings as in those of Edgar to be found in Lambert fol. 63. a. is commanded publici juris beneficio quisque fruitor eique ex bono sive is dives sive inops fuerit jus redditor And in that of Alured in Lambert 20. juste judicato inopique adversario perinde atque diviti amico sis aequus Bracton hath it thus ut causa viduae ad eos libere ingrediatur ut sint Orphano Pupillo adjutores With these do agree frequent constitutions of H. 1. H. 3. E. 1. and other times As Judges ought to be men of truth so they ought to be men fearing God which is the next and highest duty of every Judge the beginning and the end of all wisdom he that doth not fear God will be apt to fear men and he that fears men will never give a Right Judgment In the Laws of the Confessor which are in the Notes upon Eadmerus 4. 186. and in Lambert 168. in the language of that time the words are Ententivement se purpensent cil qui les judgments ant a favre que si judgment cum desirent quant ils diâ—nt dimitte nobis debita nostra and indeed Judges have greatest cause to fear God whose Judgments they pronounce and before whom they must come in Judgment for those Judgments which they give here Hating Covetousness is the last part of this charge to Judges where a Judge is not only forbidden to be Covetous but commanded to hate Covetousness Covetousness imbraceth bribery and bribery doth blind the Eyes of the wise and pervert Judgment How odious this was to the People of Rome appears by the Oration of Piso in the Senate mentioned in Tacitus and in our Nation by the great examples of Justice upon the corrupt Judges as in Edward 1. time when the Lord Chief Baron amongst others was ransomed at 30000 in which in our account at this day is 100000 l and the case of Thorpe 14 E. 3. and too many others He that is covetous makes too much hast to be rich and the Wise man saith of him he cannot be innocent The Poets feign that when Plutus is sent from Jupiter he limps and goes slowly but when he is sent from Pluto he runs and is swift of Foot the moral is That goods ill gotten sent by Pluto the Devil come apace but goods that are well gotten come in but slowly The Roman word for them at the best is Impedimenta they are hinderances to the due Execution of Justice and all other good actions I shall commend the Counsel more than the practice of a great Judge of our profession my Lord S t Albans Seek not proud riches but such as thou mayst get justly use soberly distribute cheerfully and leave contentedly As Cicero relates of Rabirius Posthumus In studio rei amplificandae apparebat non avaritiae praedam sed instrumentum bonitati quaeri This concerns all good men and especially Judges who should be the less intent upon their private interest that they may the more intend the publick according to that of Aristotle in his Pol. A Magistrate is the keeper and disposer of the publick and not of his own proper goods Yet for the better incouragement and support of the Judges whose ordinary allowances are no more at this day than they were in Edw. 1.'s time and then it was very liberal it hath pleased the Parliament already to provide in Part and I am confident they will do the like in General That every Judge shall have a competent supply and Salary according to his great pains and quality What I might say concerning the course and jurisdiction of this Court will be better informed to you by my Lords the reverend Judges your Associates and by your own knowledge what I have said concerning the duty of Judges is no more but what I have seen practised by them and by your self when I had the honour to plead before you I have therefore said the less and what I have said is but according to the old verse Qui monet ut facias quod jam facis ille monendo Laudat hortatu comprobat acta suo In the present choice which it hath pleased the Parliament to make of Judges I doubt not but themselves will receive honour the People satisfaction and the Judges Comfort which I heartily wish and to you M r Serjeant Wilde in particular The Serjeant answered the speech according to Course The Commissioners gave him his Oath and Invested him in the place of Chief Baron 16. Referred to the Committee of plundered Ministers to Examine the preaching of a Scurrilous and Scandalous Sermon in the Temple by M r Lee by consent of the present Minister there Order for twelve hundred pound to be paidby Sir Charles Kemish in part of his Composition and he to be released upon bayle 17. Upon Letters from the Commissioners in the Isle of Wight and Papers of his Majesties condescention as to publick Officers of State to be nominated by Parliament for twenty years the House voted his Majesties answer therein to be Satisfactory Letters from the Committee of Estates of Scotland to the Parliament of England that they are sensible of the benefit to that Kingdom against the Enemies to both Nations by the coming thither of the Forces under Lieutenant General Cromwell and Major General Lambert and acknowledge that the deportment of the Officers and Souldiers hath been so fair and civil that they trust by their carriage the malignants will be much convinced and disappointed and the amity of both Kingdoms strengthned and confirmed which they shall on their Part likewise study to preserve Letters from the Earl of Warwick that several others of the revolted Ships were come in to him and that many of the rest were on sand and the rest in a sad condition Order for a Letter of thanks to the Lord Admiral and fifty pound to the Messenger 18. Debate of an Ordinance touching the Army and the Settlement of Pay of the Militia of the Kingdom and of an Ordinance for explaining the Stat. 25 E. 3. c. 2. and all other Acts of Treason And of the Statute 11 H. 7. c. 18. concerning subjects
them and That the Prince of Conde came with Force before Paris and stopt provisions 3. The List of the Officers of the Fleet referred to the Committee of the Navy To report who they think fit to go out with this Winter guard and who not Ordered that Captain Moulton be preferred in the Navy answerable to his Merit and the like for Colonel Lidcote The Commons taking notice that the Lords had rejected their Ordinance for Tryal of the King and had Adjourned their House they sent some of their Members to examine the Lords Journal-Book and they reported to the Commons three Votes passed by the Lords 1. To send answer by Messengers of their own 2. That their Lordships did not concur to the Declaration 3. That they had rejected the Ordinance for Tryal of the King Hereupon the Commons Voted That all their Members and others appointed to act in any Ordinance wherein the Lords are joyned with them shall be impowered and injoyned to sit act and execute in the said several Committees of themselves notwithstanding the House of Peers joyn not with them Order that the Ordinance for Tryal of the King and the Declaration from which the Lords dissented and which were intended for both Houses shall now be by the Commons only and that the former Committee do sit presently and report the alteration in the Afternoon during which time the House Adjourned In the Afternoon the Committee made their report and the Ordinance was re-committed and to be reported again to morrow the Lords names to be left out and the three Judges and Sergeant Bradshaw Sergeant Nicholas and Mr. Steel to be Assistants The Speaker acquainted the House with a Letter he had received by the French Ambassador from the Queen but the House would not have it read A Letter was sent from the General to the Committees of several Counties for Levying the Arrears of the Assessment for the Army and that he would take off free-quarter from those who paid their proportions 4. Report of amendments to the Ordinance for Tryal of the King and in respect the Lords had rejected it the Commons turned themselves into a Grand Committee to consider of the power of the Commons in Parliament and the Committee Voted 1. That the people under God are the Original of all just power 2. That the Commons of England assembled in Parliament being chosen by and representing the people have the Supream Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons in Parliament hath the force of Law and all the people of this Nation are included thereby although the consent and concurrence of the King and House of Peers be not had thereunto These being reported to the House were upon the question all passed without a negative Voice to any of them An Ordinance intitled for Tryal of Charles Stuart by a Court Martial was assented to and ordered to be Ingrossed and brought in to Morrow Order that the Clerk do not give out any Copy of the Ordinance for Tryial of the King to any Member of the House or to any other 5. Order to require the Lord Mayor of London to suspend the taking of the usual Oaths and to proceed to perfect the elections of Common-Council Men. Upon information that divers Prisoners of War had escaped out of Peter-house through neglect of the Keeper referred to a Committee to examine and report it And to consider of a Prison to be given to the Sergeant at Arms attending the House Order to desire the General to command his Marshal General of the Army to put in execution the Ordinance concerning Scandalous and un-licensed Pamphlets Order for a large Book of Velom to be made and all the Acts Ordinances and Records which lie abroad in Papers and have been neglected be there entred The Committee for Concealed Monies sate in Whitehall and rewards were allowed to the discoverers 6. The Ordinance for Tryal of the King was brought in ingrossed and passed A Letter from the Commissioners of Scotland resident here pressing for unity of Councils and Actions according to the Covenant betwixt the two Kingdoms and that the House would not proceed to Try or Execute the King till the advice of that Nation be had thereunto Debate concerning the proceedings of Law the issuing of Writs and the like in what name they should be the King and the Lords not acting The Common Council agreed upon an Order to be published to morrow in all Churches for speedy payment of nineteen thousand pound of the arrears of the Assessment for the Army to prevent the whole Armies coming into the City and to be quartered upon those who have not paid their Arrears 8. Letters from Ireland that Sir Charles Coot marched with his Forces of Connaght from Sligo seventy miles into the Rebels Country and after a little conflict with the Rebels some of them were killed and his party burned great store of their Corn preyed upon the Country and brought away one thousand of their Cows without loss That at his return he apprehended Sir Robert Stuart and hath sent him into England with a Charge against him that since this he hath possessed himself of Kilmore and fourteen Guns which Sir Robert Stuart endeavoured to block up by Sea and Land and hindered the provisions sent by the Parliament from being brought to their Forces The House referred it to the General and Councel of War to try Sir Robert Stuart and to take care for the Forces of Sir Charles Coot in Ireland whose actions they approved and Ordered a Letter of thanks to him Referred to the General and Council of War to secure Holy Island Order for the Northern Counties to have the Sequestrations of Delinquents there for disbanding their Forces The Commissioners for Tryal of the King sate in the Painted Chamber at Westminster and Ordered that to morrow a Herald should proclaim and invite the people to bring in what matter of fact they had against Charles Stuart King of England and appointed to sit the next day upon his Tryal 9. Widdrington and Whitelock by agreement went into the House this Morning the Tryal of the King being begun some looked very shy upon them others bid them welcome and seemed glad to see them there About ten of the Lords sate and passed several Ordinances which they sent to the Commons who laid them all aside The Lords had debate upon their last Votes about the Tryal of the King And that some thing should be published to satisfy upon what grounds they rejected the Commission for his Tryal but they resolved nothing Sergeant Dendy who attended the Commissioners for Tryal of the King according to their Order rode into Westminster-Hall with the Mace on his shoulder and some Officers attending him bare and six Trumpets on Horse back and Guards of Horse and Foot in the Palace-yard The Trumpets sounded in the middle of the
Standard others that they saw him in the field in several fights with his Sword drawn The Parliament of Paris proclaimed the Cardinal Mazarine a disturber of the publick peace and Enemy to the King and Kingdom In the evening Whitelock met at Sergeants-Inn with the Committee to receive the Judges answer concerning the alteration in the Style of Writs The Judges answered that because of their Oaths they could not advise in this business being it was an alteration of the Government of the Kingdom but with this answer the Committee went away not well satisfied 26. The Heads of the Charge against the King were published by leave in this form That Charles Stuart being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise and by his trust being obliged as also by his Oath and Office to use the power committed to him for the good and benefit of the people and for the preservation of their Rights and Priviledges Yet nevertheless out of a wicked design to erect and uphold himself in an Vnlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all Redress and remedy of Misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Council He the said Charles Stuart for accomplishment of his designs and for the protecting of himself and his Adherents in his and their wicked Practices to the same ends hath Traiterously and Maliciously Levyed War against the present Parliament and the People therein represented more particularly Then they named Nottingham Beverly and other places where fights were and go on That he hath caused and procured many Thousands of the free-Free-People of the Nation to be slain and by Divisions Parties and Insurrections within this Land and by Invasions from Foreign parts indeavoured and procured by him and by many other evil ways and means His giving Commissions to his Son the Prince and other Rebels and Revolters both English and Foreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked designs and evil practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal interest of Will and Power and pretended Prerogative to himself and Family against the publick interest Common Right Liberty Justice and Peace of the Pâ—ople of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Authour and Contriver of the said Vnnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoyls Desolations Dammage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby M r Pierrepoint still kept in his station though dissatisfied with present proceedings So was Sir Thomas Widdrington 27. The High Court of Justice sate in Westminster-Hall the President in his Scarlet Robe and many of the Commissioners in their best habit After the calling of the Court the King came in in his wonted posture with his Hat on as he passed by in the Hall a cry was made justice justice execution execution This was by some Souldiers and others of the Rabble The King desired to be heard the President answered that he must hear the Court and sets forth the intentions of the Court to proceed against the Prisoner and withal offered that the King might speak so it were not matter of debate The King desired that in regard he had something to say for the peace of the Kingdom and Liberty of the Subject before Sentence were given he might be heard before the Lords and Commons in the Painted Chamber Upon this the Court withdrew into the Court of Wards and the King to Sir Robert Cottons house and after about an hours debate they returned again into Westminster-Hall The Court resolved that what the King had tendered tended to delay yet if he would speak any thing for himself in Court before Sentence he might be heard Many of the Commissioners in the debate of it in the Court of Wards were against this resolution and pressed to satisfy the Kings desire and themselves to hear what the King would say to them in the Painted Chamber before Sentence but it was Voted by the major part in the Negative Upon which Colonel Harvey and some others of the Commissioners went away in discontent and never sate with them afterwards this proposal of the Kings being denied by the Commissioners the King thereupon declared himself that he had nothing more to say Then the President made a large Speech of the Kings misgovernment and that by Law Kings were accountable to their People and to the Law which was their Superiour and he instanced in several Kings who had been deposed and imprisoned by their Subjects especially in the Kings native Country where of one hundred and nine Kings most were deposed imprisoned or proceeded against for misgovernment and his own Grand-Mother removed and his Father an infant crowned After this the Clerk was commanded to read the sentence which recited the Charge and the Several Crimes of which he had been found Guilty For all which Treasons and Crimes the Court did adjudge That he the said Charles Stuart as a Tyrant Traitor Murderer and publick enemy shall be put to death by the Severing of his head from his body The King then desired to be heard but it would not be permitted being after Sentence and as he returned through the Hall there was another cry for justice and execution Here we may take notice of the abject baseness of some vulgar spirits who seeing their King in that condition endeavoured in their small capacity further to promote his misery that they might a little curry favour with the present powers and pick thanks of their then Superiours Some of the very same persons were afterwards as clamorous for Justice against those that were the Kings Judges The Act passed for altering the forms of Writs and other proceedings in Courts of Justice which were before in the name of the King and no Concurrence of the Lords was desired A Committee appointed to draw a Proclamation to declare it High Treason for any to Proclaim any King of England without assent of the Parliament and none to preach or speak any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament under pain of imprisonment and such other punishments as shall be thought fit to be inflicted on them
Painted Chamber and such who had any evidence to give against the Earl of Holland Earl of Cambridge Lord Goring Lord Capell and Sir John Owen or any of them were to repair thither where they might be heard A Committee to examine the Authours and publishers of a Pamphlet and such as have preached printed and published seditiously the proceedings in bringing the King to justice and to prepare an Act to restrain the preaching and printing any thing against the proceedings of the House and of the High Court of Justice Letters from Scotland that the Parliament and priests there are at much variance that they bring all to the stool of repentance that were in the last invasion of England yet they are now as much as ever Enemies to the proceedings of the Parliament and Army in England That they talk big of raising an Army in revenge of the Kings Blood and all will joyn unanimously against the Sectaries of England and ground themselves upon breach of the Covenant Letters from New-Castle that many Ships were loaden with Coals for London and the Coast clear and their Governour Sir Arthur Haselrigge and some Officers of the Garrison were gone for London Letters from Pontefract that upon notice of the Kings execution the Garrison made a stout Salley but were beaten in again In the House the debate was long and smart concerning the Lords House 6. Debate concerning the House of Lords and the question being put whether the House of Commons should take the advice of the House of Lords in the exercise of the Legislative power of the Kingdom it was carried in the Negative by many voices Then they voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in to this purpose A Committee named to draw up an Act for making the Estates both of the late Members of Peers and likewise of the House of Commons liable to the Law for payment of all debts Referred to a Committee to consider of a way to take away all Appeals to the Lords and to discharge all persons committed by them in relation thereunto and how the Peers may be elected Burgesses and Knights to serve in the House of Commons Debate what Government to set up in England and Ireland and whether Kingship should be abolished or not Divers Sheriffs made Scruple of acting in their Office because of the Death of the King Order for instructions to be drawn up therein Order for Sergeant Bradshaw to make a Deputy in Guild-Hall where he is Judge in regard of his imployment in the High Court The accounts allowed of the Charges of the Kings Tryal Letters that the Irish Pyrates take divers vessels at Sea from the English and that the several Parties in Ireland are agreed to carry on the designs of the Prince of Wales It was put upon Whitelock to draw an Act to take away the House of Lords wherein he desired to have been excused in regard he was not in the house when the vote passed and had Declared his opinion against it but he could not get excused 7. Debate whether the Government by Kings should be abolished and upon the Question whether it should be referred to a grand Committee of the whole House it was carried in the Negative Then after a long and quick Debate they passed this vote Resolved upon the Question by the Commons of England in Parliament assembled That it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single person is unnecessary burthensome and dangerous to the liberty safety and publick interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in to that purpose A Committee appointed to bring in names of persons not exceeding forty to be a Councel of State Instructions passed for drawing new Commissions for the Judges the new Great Seal being ready The Judges appointed to meet with the Speaker and a Committee of the House about the Judges Commissions The High Court of Justice sate receiving witnesses and preparing the Charges against the five persons to be tryed The Earl of Holland sent up by post that he was dangerously sick at Warwick-Castle The Corps of the late King was removed from St. James's to Windsor to be interred in St. George's Chappel there and monies allowed for it An Act appointed to be brought in to make Sir Thomas Widdrington and Whitelock Commissioners of the new Great Seal with a blank for others to be added 8. Instructions passed for Commissions to the Judges of whom six agreed to hold viz. Rolles Jermyn St. John Pheasant Wilde and Yates provided that by Act of the Commons the fundamental Laws be not abolished The other six Judges viz. Bacon Brown Bedingfield Creswell Trevor and Atkins were not satisfied to hold Order for altering the Judges Oaths formerly in the name of the King now to be in the People A Committee appointed to bring in a list of fit persons to be Justices of peace in every County Instructions passed for rewards to such as shall bring in any of the revolted Ships The Duke of Richmond and others had leave to attend the late Kings funeral at Windsor Widdrington and Whitelock without the Lords who were in Commission with them yet having an Act of the House of Commons for it they went with the old great Seal to the House Mr. Malbon the usual Seal-bearer carried it to the door where Widdrington and Whitclock took the Purse and Seal in it and both of them holding it brought it in solemnly into the house all the Members being silent and laid it down upon the Table in the house Then the House past an Act for the old Seal to be broken and a work-man was brought into the house with his tools who in the Face of the house upon the Floor brake the old Seal in pieces and the house gave to Widdrington and Whitelock the pieces and purse of the old Seal After this the House passed another Act for establishing the new Great Seal to be the Great Seal of England Then they read another Act to constitute Widdrington and Whitelock to be Commissioners of the New Great Seal which occasioned Sir Thomas Widdrington to stand up and excuse himself very earnestly because of his unhealthfulness but that excuse would not be allowed Then he further excused himself by reason of some scruples in conscience which he had concerning the acting in this high place though he did acknowledge the Authority and submit to it and had Acted by vertue of it in signing a Warrant for a Writ to adjourn the Term and bringing in the new Great Seal without the Lords Commissioners Upon a long Debate the House did excuse Widdrington and to manifest their respects for his former services
Pawlets composition at three thousand seven hundred and sixty pound allowed and four thousand and two hundred pound for the Lord Pawlet An Act for a new Seal for the Courts of Wales and for Powell Eltonhead Parker and Clerk to be Judges there Letters from Scotland that the Parliament resolved to raise an Army of seventeen thousand Foot and six thousand Horse against the Sectarian Army in England in prosecution of the Covenant they having a report that an Army of English was upon their Borders That Colonel Monroe and Colonel Fizen with a party of Horse and Foot in the Northern parts of Scotland having Declared for King Charles II. taken Enderness and increased to four thousand the Scots Parliament repealed their votes of raising an Army against England and Ordered Forces against Monroe and his Party Pontefract desired a Treaty and were full of sickness in the Garrison 6. Report from the Council of State of forty thousand Horse and Foot to be kept up in England and Ireland whereof twelve thousand for Ireland their pay to be eighty thousand pound per mensem and free-quarter to be taken off Mr. Cauton a London Minister in his Prayer before the Lord Mayor having prayed for Charles II. as lawful King referred to Mr. Steel and Mr. Coke to prosecute him in the Upper Bench for Treason upon the late Declaration Letters of proclaiming King Charles II. in Guernsey Island by Sir George Carteret Letters from Holland that the Ministers there in their Pulpits inveigh against the proceedings in England and Pray for King Charles II. Referred to the Council of State to consider what is fit to be done herein and to preserve a good correspondence betwixt the two Nations The Earl of Cambridge brought before the High Court and asked what he had further to say why sentence should not be pronounced against him spake to the same effect as formerly The Earl of Holland and Lord Goring extenuated what they could their Offences as being rash not much hurtful c. The Lord Capel briefly repeated what he had formerly said and further observed an Ordinance of Parliament That Quarter should not be given to Irish Rebels for life which implyed that quarter given to others should be inviolable for life Sir John Owen pleaded quarter The President in his Scarlet robes spake many hours in answer to the several pleas of the Prisoners and at last sentence was given against them all that their heads should be severed from their Bodies yet with relation to the Mercy of Parliament 7. Referred to a Committee to draw up an Act for taking off all priviledge from Noblemen and to make their persons as liable to Law as any Commoner An Act committed for taking away Kingly Government and another for dissolving the House of Peers The Earl of Warwick and the Countess of Holland presented a Petition for the life of the Earl of Holland and divers Ladies for the others against whom the High Court had pronounced sentence of Death After some hours Debate upon these Petitions the House resolved upon the Question not to proceed any further upon these Petitions but to leave them to the Justice of the Court that sentenced them Then the Ladies Petitioned the High Court who only reprieved the Execution for two daies 8. A New form for electing Members of the House assented to Order that the Council of State nor Committees do not sit after nine in the Morning when the House sits Orders for seventy thousand pound per mensem for the Forces in England and thirty thousand pound per mensem for the Forces in Ireland and for an Act for eighty thousand pound per mensem assessment for the Forces and free quarter to be taken off New Petitions of the condemned Lords and a Letter from the General touching their Articles and after a long Debate the Question was put of them severally and voted That the Lord Capel should not be reprieved And carried by one vote that the Lord Goring should be reprieved this one vote was the Speaker who carried the House being equally divided four and twenty of each part and he said he did it because he had formerly received some civilities from the Lord Goring and his single vote now saved his life The House was also divided upon the question whether the Earl of Holland should be reprieved or not and the Speaker gave his voice against him Thus the Lord Goring who had been no friend to the Religious party was saved and the Earl of Holland who had been a most civil person to all and a very great friend to the old Puritans and protected them in the time of his greatest interest by the same single Vote lost his life This may be a caution to us against the affectation of popularity when you see the issue of it in this Noble Gentleman who was as full of Generosity and Courtship to all Sorts of Persons and readiness to help the oppressed and to stand for the rights of the people as any person of his quality in this Nation Yet this person was by the Representatives of the people given up to execution for Treason and another Lord who never made profession of being a friend to liberty either Civil or Spiritual and exceeded the Earl as much in his Crimes as he came short of him in his popularity the life of this Lord was spared by the people The resolution touching Duke Hamiltons Reprieve past in the Negative and for Sir Jo. Owen in the Affirmative and these Votes ordered to be sent to the High Court of Justice 9. Amendments to an Act for provision for the Forces of England and Ireland assented to The House rose early being thin because of the execution of the Lords The Earl of Cambridge was brought to the Scaffold in the Palace-Yard at Westminster and after some discourse with Dr. Sibbalds a Minister that came with him he turned to the people and seeing them so great a multitude he said his voice would not serve for them to hear him and therefore directed his speech to those upon the Scaffold with him He confessed his Religion to be according to that of the Kirk of Scotland that he had ever been Loyal to the late King and wished well to his Posterity and that none more desired the peace and happiness of this and other Kingdoms than himself That his coming into England with the late Army was out of no Treasonable or ill intent but for the ends contained in the Scots Declaration and what he did was as a servant to that Parliament and Kingdom That in that imployment next to the setling of Religion the establishing the King was his greatest aim and he wished his blood in order to the Kingdom might be the last that should be spilt That if he would have confessed who invited the Scots Army into England it would probably have saved his life Then he made a short Prayer Dr. Sibbalds kneeling with
That Colonel Brownbushell be tryed for his life That the Prince Duke of York and divers Lords of the Kings party be banished The Confederates in Ireland sent to the Prince to come thither that they would proclaim him King of Ireland and joyn with him against England 15. The House sate not The Council of State nominated Lord General Cromwel to be General for Ireland M r Munday an Irish Rebel was shot to death by sentence of the Council of War and James Wilson to ride the Wooden Horse with a Musket at each Leg and to run the Gantelope at Lancaster Articles of Peace between the King of France and the Parisians were agreed upon At the Council of State they had great businesses and long sitting 16. Letters from the Hague that their Ambassadour lately returned from England reported the many civilities and honour he had received in England from the Parliament and Army Whitclock brought in the Draught of a Declaration touching the proceedings of Parliament in the late transactions Upon his report of the Declartion it was moved to pass it presently without any Commitment but he moved it might be committed to amend some faults in it and upon the commitment they made it much sharper than he had drawn it and added divers Clauses which he thought matters fit to be omitted After this it was much pressed to set a time for dissolving this Parliament most of the House disliked to set a time as dangerous but agreed that when the business of the Kingdom would permit that then it should be dissolved 17. Order for a publick fast The Declaration passed touching the transactions of Parliament and Ordered to be Printed in English Latin French and Dutch An Act reciting Charls Stuart to have been justly condemned and put to death for many Treasons Murders and other hainous Offences by him committed And that it hath been found by experience the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary Burthensom and Dangerous to the Liberty safety and publick Interest of the People and that for the most part use has been made of the Regal Power and Prerogative to Oppress and Impoverish and Enslave the Subject and that usually and naturally any one Person in such power makes it his interest to incroach upon the just Freedom and to promote the setting up of their own lust Therefore the Office of a King in this Nation henceforth not to reside or be exercised by any one single Person And whereas by the abolition of the Kingly Office a most happy way is made for this Nation if God see good to return to its Just and Ancient right of being governed by its own Representatives or National Meetings in Council from time to time chosen and intrusted for that purpose by the People They resolve and declare that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the People that has entrusted them and with what is absolutly necessary for the preserving and upholding the Government now setled in the way of a Commonwealth And that they will carefully provide for the certain Chusing Meeting and Sitting of the next future Representatives with such other circumstances of Freedom in Choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth Votes touching Compositions of Delinquents Order for every Member to meet by nine in the Morning upon forfeiture of twelve pence for every default Debate of making Elections of Parliament men more equal and not to be ingrossed in some few Corporations 19. A Petition from the well affected of Leicestershire 1. That the Militia may be in good hands 2. That the Army may be provided for and all Delinquents Estates to go for that end and Free-quarter be taken off 3. That the profits of great Offices may be imployed for the publick 4. That the Laws may be according to those God gave his people and plain and short in the English Tongue and Hand 5. That Tythes may be taken away and a more equal provision for the Ministry 6. That Officers of Treasure may account 7. That all may injoy their freedoms to worship God according to his word without coercive courses to the contrary 8. For relief for Ireland 9. For provision for the poor and to set them to work as they do in Holland The petition was commended and the Petitioners had the thanks of the House Captain Bray presented Books to the Members of the House entituled An Appeal against the the Lord Fairfax General containing matter of Charge against him to have him outed of his command in the Army Which being read Captain Bray was called in and asked if he would own the Book which he did and the House Voted the Book to be Scandalous as to the General and Council of War and tending to stir up sedition in the People and mutiny in the Army and the Captain was committed Prisoner to Windsor Castle Upon information that the Turkish Alcoran was printing in English Ordered to suppress it The Committee of Lords and Commons for Sequestrations repealed and a Committee named to consider of a way for Appeals upon sequestrations Votes touching Compositions and some excepted Persons Order for Justices of the Peace to meet Monthly and make provision for the poor and to set them to work and to find out ingrossers of Corn and Coal An Act passed that the Commons of England assembled in Parliament finding by too long experience the House of Lords to be useless and dangerous to the people of England to be continued Ordain from henceforth the House of Lords in Parliament to be wholly abolished and taken away nevertheless they nor their Posterity to be excluded from the publick Councils of the Nation but to have their free Vote in Parliament as other members when duly Elected In the House business went on slowly as heretofore and not without great difference in opinion and some Animosities the most mischievous of all other things to their interest 20. The House sate not The Council of State had consideration of the business of the Navy and several Merchants attended in it The Lady Carlisle was examined about the last Summers insurrection and confined by the Council They consider also the letter from the Parliament of Scotland upon staying of their Commissioners here Which they alledge to be contrary to the Covenant League and Vnion between both Nations in breach of the Treaties and contrary to the Publick Faith and Law of Nations by which the freedom of Ambassadors and Commissioners is Sacred and Inviolable not only betwixt Christians but even among Heathen Kingdoms and States they desire their Commissioners may be freed from all restraint Letters from Lancaster that the
Ships took the Guinney Frigot which had 34 Guns and 20 other Vessels Letters from Ireland that Dublyn was in great danger and that Ormond had totally routed two Regiments of the Parliament Party Letters from Bristol that the Levellers were very active in those parts and took much with the People Lilbourn Walwyn Prince Overton published their Agreement of the People to this Effect 1 The Supream Authority of this Nation to be a Representative of 400. 2 That 200 be an House and the major Voice concluding to the Nation 3 All publick Officers to be capable of Subjection those of Salary not to be Members 4 No Members of one Representative to be chosen of the next 5 This Parliament to end the first Wednesday in August 1649. 6 If this omit to order it that the People proceed to Elections 7 A new Representative to be the next day after this is dissolved 8 The next and future Parliaments each to stand for one whole Year 9 The Power to be without consent of any 10 They not to make Laws to compel in matters of Religion 11 None to be compelled to fight by Sea or Land against his Conscience 12 None to be questioned concerning the Warrs but in pursuance to Authority 13 All Priviledges of any Person from Courts of Justice to be null 14 Not to give Judgement against any where no Law was provided before 15 Not to depend longer upon the incertain Inclination of Parliament 16 None to be punished for refusing to answer against themselves 17 No appeal after 6 Months after the end of Representatives 18 None to be exempted for beyond-Seatrade where others are free 19 No Excise or Custom to be above four Months after next Parliament 20 Mens Persons not to be imprisoned for Debt nor their Estates free 21 Mens Lives not to be taken away but for Murder or the like 22 Men upon Tryals for Life Liberty c. to have Witnesses heard 23 Tithes not to continue longer than the next Representative 24 Every Parish to choose their own Minister and to force none to pay 25 Conviction for Life Liberty c. to be by twelve Neighbours sworn 26 None to be exempted from Offices for his Religion only 27 The People in all Counties to choose all their Publique Officers 28 Future Representations to justify all Debts Arrears c. 29 No Forces to be raised but by the Representations in being 30 This Agreement not to be nulled no Estates levelled nor all things common Montrosse was sent Ambassador into Spain to declare the Kings sad Condition the executing of his Father and keeping him from his Birthright the like to be to France Denmark and Sweden 2 Several Petitions presented from London in behalf of Lilbourn and the rest from Essex for the same from Cambridgeshire about Sea Breaches from London for payment of publick Faith Mony another for Relief of such have been sentenced for adhering to the Parliament another in behalf of the Commons of Lincolnshire Another Petition from Suffolk to the like Effect with former Petitions for taking away Tiths c. and for Liberty of Conscience the Petitioners had thanks for their former good Services and Present civil Petitioning 3 The Publick Fast Day One Elliot a Person towards the Law and others ingaged Souldiers in the Execution of civil Process the General declared his dislike thereof in a Letter to the Lord Chief Justice and prayed his care to punish it One Doâ— committed to the Marshal to be tryed by a Councel of War for pretending a Commission from the Officers of the Army to collect Arrears due for Spiritual Livings and thereby got great Sums into his hands Also two more for counterfeiting the Generals Hand and Seal to Protections for which they received Mony 4 Referred to a Committee to regulate the Vniversity of Cambridge Upon a report from the Councel of State ordered that the Guinny Frigot lately taken be victualled mann'd and set out to Sea Referred to the Committee of the Admiralty to consider of the Articles given to the Captain and Seamen upon the taking of that Friget and whether they may be proceeded against or not and touching the Irish Mariners and the English that revolted Referred to the Councel of State to consider how the Mariners and others detained Prisoners in Scylley and Jersy may be relieved and discharged the like upon the Petition of Mariners Wives The Committee ordered to consider of the indirect dealings in the Sale of Bishops Lands and removing Obstructions therein An Act for discharge of Delinquents in Essex who have compounded An Act passed for settling the Rectory and Glebelands of Burford upon a Member 5 Order for the Isle of Anglesey to have the like Benefit for Compounding as South Wales had Order for L. C. Throckmorton to have a concealed Estate discovered by him towards his Arrears he proving it to belong to a Delinquent The L. Howard chosen and admitted to be Burgess for Carlisle Order for the Speaker to give Passes to those who by the Articles of Pontfract were to go beyond Sea Petition for Payment of Publique Faith Mony Order for the Accounts of a Member to be stated and his Arrears paid out of such concealed Delinquents Estates as he should discover Referred to a Committee to consider of the Petitions and Grievances of all who have not Articles upon Rendition of Garrisons performed to them 7 Order to discharge from Sequestrations the Lady Capels joynture Orders for the Arreares of Colonel Rich. Mr. Francis Pierepoint satisfyed the Committee and was re-admitted to sit in the House Order that the Speaker Sign Letters to forrain Ministers with a Copy of the Act for seizing all Ships that have Prince Charles his Commission Order that the Ingagements for the Navy may be doubled upon Deanes and Chapters Lands Referred to a Committee to consider how the Town of Leverpool may be relieved for Losses Upon their Petitions Orders for Pardon and Inlargement of the L. Goring C. Owen Langhern and Powel Letters from Berwick that things in Scotland were bad that the People increase in Discontent and Affection to the Royal Party The private Souldiers of C. Scroopes Regiment of Horse published their Resolutions not to go for Ireland till the Ingagements of the Parliament were performed here 8 Voted not to continue the Allowance of 12000 l. to the Queen of Bohemia and that the Committee of the Revenue make a List for the House of all Pensions and suspend the Payment of them The Question whether the Councel of State should pay 1500 l. to the Earl of Rutland for demolishing Belvoir Castle passed in the Negative Order for the Commissioners of the Seal to send a Writ to the Lord Mayor to cause to be proclaimed the Act touching Prize Ships and Goods Iretons Regiment were in Disorder upon Letters from Colonel Scroopes Regiment to joyn in their Resolution not to go for Ireland the like of Colonel Reynold's Regiment and
some other Troops designed for Ireland and they appointed a general rendezvous without their Officers Letters from Dublin that C. Jones sent out a Party under M. Cadogow to surprise Tecroghan which was hindered by the Fayler of Kildare men but Cadogow fired above 200 houses in the Town and a great number were killed and burnt Orders being to kill all but Women and Children the rest fled into the Castle Of Cadogows Men not one Officer killed only three private Suoldiers killed and three hurt and in his return with 200 Foot and 20 Horse he fell upon a Party of the Rebels with his 20 Horse only disordered them killed 50 and took 30 Prisoners Some Towns were delivered to the Rebels by treachery and sold for Mony by Captain White and others That Ormond was advanced within 27 Miles of Dublin that by reason of the great Spoil in the Countries Corn was with them at 8 l. 10 s. the Barrel and many dyed in the Highways and Streets for want of Food 9 An additional Act passed concerning Sequestrations in case of Appeals The Business of the great Level of the Fennes referred to a Committee Order for payment of Mony into Weavers-Hall for satisfaction of Mony lent upon the Publick Faith Letters from the Generals at Sea of several Ships taken by them Several Paroles granted for exchange of Prisoners in Scilly and Guernesey Letters from Edenburgh That the Committee of Estates sent to their Commissioners in Hclland that they adhere to their Instructions particularly for removal of evil Councellors from the King An Order of the General for raising Souldiers in Ireland and for their March and civil Carriage Letters from the Hague that 12 English Cavaleers in Disguise came into a room where Dr. Dorislaus who was a publick Minister there for the Parliament was with others at Supper that they murdered him by stabbing him in several places and cut his Throat and one of them said thus dyes one of the Kings Judges That the States declared that they would not assist either side in the Difference between the Prince of Wales and the present Power in England Captain Cook with his Troop forcibly disbanded Captain Bambers Troop and secured the Officers the Countrey beat out some other Troops who refused to disband Letters from the Hague that the King of Scots remonstrated to the Scots Commissioners the reasons why he could not comply with their Demands being so very high 10 Order for an account to be given to the House Why the Act against Kingship was not proclaimed in the City An Act passed for altering the Original Seales of Denbigh and Montgomery Shires An Act passed for altering the Nisi-prius Seal of the upper Bench. Order touching the Mint-Master Referred to a Committee to consider of reforming the Abuses in the Marshals Court. Order for Money for Lieutenant Colonel Beecher An Act past for altering the Seal for the Borough of Southwark Order for the Moity of Discoveries of Delinquents Estates in Dorsetshire by the Irish Officers to go to them Captain Smith's Troop in Oxfordshire met with other Troops of the Levellers at Banbury and there posted up their Declaration 1. Against the present Parliament and their proceedings 2. Against the Councel of State 3. Against the Councel of the Army 4. Against the proceedings of the late high Court of Justice Captain Tomson was a principal Ringleader of these men he had been formerly condemned by a Councel of War but by the Mercy of the General was spared now he marched up and down about 200 Horse and declared to joyn with those of C. Scroopes C. Harrisons and M. G. Skippon's Regiments in their Declaration and Resolution He published a Declaration of his own in print intituled Englands Standard advanced or a Declaration from Mr. William Tomson and the oppressed People of this Nation now under his Conduct in Oxfordshire for a new Parliament by the Agreement of the People 11 The House declared that Tomson and all that adhered to him or boar Arms without Authority of Parliament are Rebels and ordered a Proclamation to this purpose throughout the Nation and a Letter to the General to suppress them and directions to M. G. Skippon to suppress all Tumults and Insurrections and to preserve the Peace of the City and secure the Parliament as he shall receive Orders from them or the Councel of State And that the Militiaes of Westminster Southwark and the Hamlets take Course for security of the Suburbs from all Tumults and Insurrections Order that the Post-Master taken by Tomson and discharged upon his Parole should not render himself again to Tomson Referred to the Councel of State to take Order for Security of the Parliament and City and that the Souldiers of the Army joyn with those of the City herein Debate of setting a Period to this Parliament and for electing a new and equal Representative and ordered to be debated again in a grand Committee An Act committed declaring that the People of this Nation are a free State and Commonwealth Mr. Henry Darley re-admitted to sit in the House having satisfyed the Committee touching his Absence Some of Colonel Scroope's Regiment came in to the General and several other Troopes sent to him that they would assist him in reducing the Revolters 12 Voted that Lilburn Walwyn Prince and Overton should be restrained as close Prisoners apart and severally the one from the other in several Rooms and not to resort and consult together and that they should have no Allowance from the State during their Confinement An Act passed for taking off free Quarter Letters that Colonel Reynolds commanded a Party of about 60 Horse to fall into the Levellers Quarters at Banbury who by some treachery in the Town had notice thereof they drew up into a Body but held up at a Lanes end by Lieutenant Parry and Captain Owen They finding it difficult to force Colonel Reynolds his men cryed a Parly which Parrey and Owen having no Power to do refused but would for bear fighting till the Colonel advanced upon whose coming they were contented to submit Upon the delivery of his two Colours he discharged the rest dispersed them to their homes by Passes but secured two or three of the chief Ringleaders and such as were Officers in common in this Business Tomson the chief fled upon the approach of Colonel Reynolds unto Banbury they killed Captain Parrey and Reynolds might have killed them all but he forbore it The General marched after the Levellers Collonel Whaley's Regiment declared to adhere to the General 14 The Act passed declaring what shall be Treason against the State and present Government and ordered to be sent into all the Countries and a Copy of it to the General to be read to the Officers and Souldiers of the Army And Act passed for making Mr. Scobel Clerk of the Parliament and referred to a Committee to repair the Losses of Mr Brown Clerk of the Parliament to the Lords House
is so the Judges themselves ought to be very tender of that Honour with which they are intrusted which is not so much theirs as the Nations Honour and the Honour of the Law it self They are neither to lessen their Honour by a Cariage too lofty for most Honour is gained by Courtesy and Humilty Nor to lessen their Honour by a Port too low and unbeseeming their Quality But this point needs no consideration in this place I hasten to my last particular which is concerning Judges of this Court. A high and antient Court high in respect of the Vniversality and business of it the Liberties Franchises and Property of all the People of this great Nation are determinable in it And concerning the Antiquity of the Court give me leave upon this Occasion and for the Right and Honour of this Court a little to look into an Opinion delivered by great and learned Men upon that Point Not that I presume upon my slender Judgement to controul theirs but to lay before you their Assertion and what Authorities I have met with in my little reading to the contrary that your selves by comparing both together may the better Judge of the difference Lambert Cowel Serjeant Fleetwood Sir Thomas Smith and a Manuscript concerning Masters of the Chancery all of them do affirm That the Court of Common Pleas was erected by the Statute of Magna Charta C. 11 The Words are Communia placita non fequantur Curiam nostram sed sint in loco certo from hence collect that common Pleus which before were held in other Courts and followed the Kings House were not settled in a Place certain nor the Court of Common Pleas erected til this time Of these Authors Sir Roger Owen in his Manuscript sayeth They are like unto Ostriches Birds of great Feathers yet little Flight I cannot subscribe to their Opinion upon these Grounds Beda f. 10. relates that the prime Monarch with the consent of the States of Parliament allotted Pleas of the Crown to one Court Common Suits of Subjects to another and Matters of Revenew to a third and this was long before Magna Charta They mistake the Words Curiam nostram in this place of Magna Charta to signify the Kings House which had not then that appellation but the Word curia had another signification Among the Romans whose Word it is Curia sometimes was taken for the 30th part of the People into which Romulus divided them but more frequently it signifyed with them an Assembly of Clergy-Men and Lawyers as Curia Hostilia Pompeya Julia c. St. Augustine in his Coment upon the 121 Psalm sayeth that Curia improperly is taken for a Tribe but properly signifies the Courts of Justice in Cities and Countries In the same sense the word is taken with us and was so before any applications of it to the Kings House as is plain in the Mirror of Justices Glanvil the Stat. of Marlbridge 52. H. 3. the Stat. W. 1. 3. E. 1. and W. 2. 13. E 1. and others and in Walsingham Ingulphus Hoveden Paris and all our Chief Historians In H. 3. time and after Hospitium Regis was generally the Kings House as Maresehallus Hospitii Senesehallus Hospitii in their Letters Patents and Britton calls it Hostel du Roy. That ground then will fail them that by the word Curia in Magna Charta is meant the Kings House but as Sir Roger Owen and others conjecture by it is meant the Courts of the Chancery Kings-Bench and Exchequer The Case 21. E. 3. Fitz. Bre. comes to this where a Writ de rationabili parte Bonorum was brought in the Kings Bench the Defendant pleaded this part of Magna Charta Comunia placita non sequantur Curiam nostram and though he had been at issue yet the Plantiff would not proceed And in 26. E. 1. in the Treasury one Nicholas de Scotland brought assize for Land which was reversed for Error in the Kings Bench where the Judges willed Nicholas to arraigne a new Assize in the Common Pleas because by the Words of Magna Charta Common Pleas ought not to follow Bancum Regis and there are no other words Curiam nostram in Magna Charta but these In the Stat. Articuli super Chartas it is said No Common Pleas shall hereafter be held in the Cheq against the tenour of the great Charter and there be no words restraining suits of Common Pleas by the great Charter but these To make it more plain It is agreed by Hoveden Paris and others and I think not to be denyed that Magna Charta were the Law of Edward the Confessor And in that Case 21. E. 3. the Defendant pleaded this part of it not as an Act of Parliament but as a common Consent and Custom To this purpose that is pertinent 26. Assis p. 24. where the Abbot of B. prescribes to have Cognizance of Pleas and to have an Original out of Court by usage in the time of St. Edward Kings And that H. 1. by his Charter confirmed all the usages and that they should have Cognizance of all manner of Pleas so that the Justices of the one Bench or the other should not intermeddle upon which my L. Cook Lit. 71. B. Collects that then there was this Court and these Judgse In the Treasury of the Chequer are many Records of Pleas of King H. 2. R. 1. and King John dated in the Court of Common Pleas. In an antient Roll there is contained the suit between the Abbot of Aniou and the Abbot of Crowland about the Meers of a Marsh in the Court of Common Pleas in R. 1. and King John's time and the names of the Justices set down in the Roll thus Justitiaru in Banco residentes and the Chancellor writes to them by that Name Glanvil in his second Book writes of them which would not wage Battle but have their Matters tryed by a Jüry f. 14. that they were to be tryed coram Justitiarijs in Banco residentibus In Glanvils 4. Book it is said that Quare impedits are returnable coram Justitiarijs apud Westmonasterium which they are to this Day In his eighth Book he writes though Fines were levyed in many other Courts yet still they were ingrossed coram Justitiarijs in Banco residentibus and so they are to this day An Act past for Mr. Broughton to be Coroner of the upper Bench. Dr. Walker is made one of the Judges of the Admiralty A Petition of Mr. Gething for Money and a Demand of Mony by the Lord Grey of Wark referred to the Commitee to remove Obstructions in the sale of Deanes and Chapters Lands An Act past to encourage the Manufacture of Salt Order of the Councel for demolishing of Lancaster-Castle Letters from the Parliaments Navy that divers of Prince Ruperts Seamen came in to them that the Prince had very few Men and most of them such as had been taken Prisoners by him Letters from Chester that the Irish Rebels came near to Dublin and many of
and in the same sence are used in the Customary That which puts it further out of scruple is that there are yet extant the Manuscripts themselves of the Saxon Laws made in the Parliamentary Councels held by them here which are in the Language and Character of those times and contain in them many of those things which are in the Norman Customary It is no improbable Opinion that there was a former establishment of our Laws in Normandy before the time of H. 1. and that it was by Edward the Confessor who as all Writers of our History agree was a great Collector and Compiler of our English Laws He lived a long time with his Kinsman Duke William in Normandy who was willing to please the Confessor in hopes to be appointed by him to be his Successor wherein the Dukes expectation did not fail him The Confessor having no Children and finding Normandy without a setled Government and wanting Laws advised with his Kinsman Duke William to receive from him the Laws of England which he had collected and to establish them in Normandy which Duke William and his Lords readily accepted for the Good of their People and thereby obliged the Confessor Another Proof hereof is That such Laws as the Normans had before the time of D. William were different from those in the Customary and from the English Laws As their Law that the Husband should be hanged if the Wife were a Thief and he did not discover it The meaner People were as Slaves and the like and the trial of Theft by Ordeil which then was not in England Wigorniensis reports That the Normans who came in with Queen Emma the Wife of Ethelred were so hated of the English for their Injustice and false Judgment that in the time of King Canutus they were for this cause banished and it is the less probable that they being so unjust themselves should introduce so just Laws as ours are Between the Conquest of Normandy by Rollo and the Invasion of England by Duke William there were not above 160 Years that of Normandy was about An. 912. that of England An. 1060. It is not then consonant to reason That those Normans Pagans a rough Martial People descended from so many barbarous Nations should in the time of 150 Years establish such excellent Laws among themselves and so different from the French Laws among whom they were and all parts in the World except England And such Laws which were not onely fit for their Dukedom and small Territory but fit also for this Kingdom which in those dayes was the second in Europe for antiquity and worth by confession of most Forreign Historians If we will give Credit to their own Authors this Point will be sufficiently evinced by them these words are in the Proheme of the Customary which is titled Descriptio Normanniae Hucusque Normannicae consuetudinis latorem sive datorem Sanctum Edvardum Angliae regem c. The same is witnessed by Chronica Chronicorum That St. Edward King of England gave the Laws to the Normans when he was long harboured there And that he made both the Laws of England and Normandy appears sufficiently by the conformity of them for which he cites several particulars as of Appeals and the Custom of England ad probandum aliquid per credentiam duodecem hominum Vicinorum which he sayeth remained in Normandy to that day Polydore forgetting himself what he wrote in another place sayeth of King Henry the Seventh That when a doubt was made upon the Proposal of Marriage of his Daughter to Scotland that thereby England night in time be subject unto Scotland The King answered No and that England as the greater will draw it to Scotland being the less and incorporate it to the Laws of England as sayeth the Historian it did Normandy though the Owner thereof was Conquere in England And Sir Roger Owen in his Manuscript affirms That there is not any of our Historians that lived in the space of 200 Years immediately after the Conquest which doth describe our Laws to be taken away and the Norman Custome introduced by the Conquerour Some of them and not improbably mention the alteration of some part of them and the bringing in some Norman Customes effectual for the keeping of the Peace There is yet behind the great Argument most insisted on and often urged by the Gentlemen of another Opinion which is the Title of William who is called the Conquerour from whence they conclude That by his Conquest he changed the Laws and Government of this Nation and that his Successors reckon the beginning of their Reigns from his Conquest To this is answered that â posse ad esse non valet argumentum the conquering of the Land is one thing the introducing of new Laws is another thing but there is direct Proof to the contrary of this Argument Duke William never surnamed himself the Conquerour nor was so called in his life time as may appear by all the Letters Patents and Deeds that he made wherein he is called Gulielmus Rex Dux c. never Conquestor and our antient Historians give him the same Titles and not that of Conquerour In the Title of Nubrigensis's Book he is surnamed William the Bastard Malmsbury calls him W. 1. Hoveden W. the Elder Adam de Monmouth sayeth That 1. E. 3. this word Conquest was found out to denote and distinguish the certain Edward because two of the same name were Predecessors to this King and to the Conquerour who claimed the Crown as Heir to Edward the Confessor but saith he we call him the Conquerour for that he overcame Harold Duke William himself claimed to be King of England as Successor and adopted Heir of the Confessor by his Will and Harolds renouncing of his Title by Oath The Register of St. Albans Math. Paris and others attest that the Barons of England did homage to him as Successor and he relyed on them in his Forreign Wars and the check given to him by the Kentish men and the Forces gathered by the Abbot of St. Albans brought him to ingage to confirm the Laws of the Confessor and as his Successor by legal right they admitted him to be their King Volaterus writes That he was made Heir to the Confessor and was Vncle to him Another affirms That Edward by his Will left England to him Paulus Aemilius and Fulgasius are to the same purpose Pope Alexander the Second sent him a Banner as witness that with a safe Conscience he mighe expel Harold the Tyrant because the Crown was due to him by the Confessors Will and by Harolds Oath Agreeable hereunto are Gemiticensis Walsingham Malmsbury Huntington Ingulphus Paris Pike Wendover Caxton Gisborn and others The antient Deeds of the Abby of Westminster which were sometimes in my Custody do prove this King William in his Charter to them sets forth his own Title to the Crown thus Beneficio Concessionis Cognati mei gloriosi Regis Edvardi In his
2. and some others in Latine R. 2. H. 4. H. 5. and H. 6. used to write their Letters in French and some of our Pleadings are in French and in the Common-Pleas to our time But Sir our Law it Lex non scripta I mean our Common-Law and our Statutes Records and Books which are written in French are no Argument that therefore the Original of our Laws is from France but they were in being before any of the French Language was in our Laws Fortescue writes That the English kept their Accounts in French yet doubtless they had Accounts here and Revenues before the French Language was in use here My Lord Cooke saith That the Conqueror taught the English the Norman Terms of Hawking Hunting Gaming c. yet no doubt but that these Recreations were in use with us before his time And though D. William or any other of our Kings before or after his time did bring in the French Tongue amongst us yet that is no Argument that he or they did change or introduce our Laws which undoubtedly were here long before those times and some of them when the French Tongue was so much in use here were Translated Written and Pleaded and Recorded in the French Tongue yet remained the same Laws still And from that great Vse of the French Tongue here it was that the Reporters of our Law-Cases and Judgments which were in those times did write their Reports in French which was the pure French in that time though mixt with some words of Art Those Terms of Art were taken many of them from the Saxon Tongue as may be seen by them yet used And the Reporters of later times and our Students at this day use to take their Notes in French following the old Reports which they had studied and the old French which as in other Languages by time came to be varied I shall not deny but that some Monks in elder times and some Clerks and Officers might have a Cunning for their private Honour and Profit to keep up a Mystery to have as much as they could of our Laws to be in a kind of Mystery to the Vulgar to be the less understood by them But the Councellors at Law and Judges can have no advantage by it but perhaps it would be found that the Law being in English and generally more understood yet not sufficiently would occasion the more Suits And possibly there may be something of the like nature as to the Court-hand yet if the more common Hands were used in our Law-writings they would be the more subject to change as the English and other Languages are but not the Latine Surely the French Tongue used in our Reports and Law-Books deserves not to be so enviously decried as it is by Polydore Aliott Daniel Hottoman Cowel and other Censurers But Mr. Speaker if I have been tedious I humbly ask your pardon and have the more hopes to obtain it from so many worthy English Gentle-men when that which I have said was chiefly in vindication of their own Native Laws unto which I held my self the more obliged by the duty of my Profession and I account it an honour to me to be a Lawyer As to the Debate and Matter of the Act now before you I have delivered no Opinion against it nor do I think it reasonable that the Generality of the People of England should by an implicit Faith depend upon the knowledge of others in that which concerns them most of all It was the Romish Policy to keep them in ignorance of Matters pertaining to their Souls health let them not be in ignorance of Matters pertaining to their Bodies Estates and all their worldly Comfort It is not unreasonable that the Law should be in that Language which may best be understood by those whose Lives and Fortunes are subject to it and are to be governed by it Moses read all the Laws openly before the People in their Mother-Tongue God directed him to write it and to expound it to the People in their own Native Language that what concerned their Lives Liberties and Estates might be made known unto them in the most perspicuous way The Laws of the Eastern Nations were in their proper Tongue The Laws at Constantinople were in Greek at Rome in Latine in France Spain Germany Sueden Denmark and other Nations their Laws are Published in their Native Idiom For your own Countrey there is no man that can read the Saxon Character but may find the Laws of your Ancestors yet extant in the English Tongue D. William himself commanded the Laws to be proclaimed in English that none might pretend Ignorance of them It was the Judgment of the Parliament 36 E. 3. That Pleadings should be in English and in the Reigns of those Kings when our Statutes were enrolled in French and English yet then the Sheriffs in their several Counties were to proclaim them in English I shall conclude with a Complaint of what I have met with abroad from some Military Persons nothing but Scoffs and Invectives against our Law and Threats to take it away but the Law is above the reach of those Weapons which at one time or another will return upon those that use them Solid Arguments strong Reasons and Authorities are more fit for confutation of any Error and satisfaction of different Judgments When the Emperor took a Bishop in compleat Armor in a Battel he sent the Armor to the Pope with this Word Haeccine sunt vestes silii tui So may I say to those Gentlemen abroad as to their Railings Taunts and Threats against the Law Haeccine sunt Argumenta horum Antinomianorum They will be found of no force but recoyling Arms. Nor is it ingenious or prudent for Englishmen to deprave their Birthright the Laws of their own Countrey But to return to the Matter in Debate I can find neither strangeness nor foresee great inconvenience by passing of this Act and therefore if the House shall think fit to have the Question put for the passing of it I am ready to give my Affirmative The Question being put It was unanimously carried That the Act should pass for turning the Law-Books and the Process and Proceedings in the Courts of Justice into English 23 Letters from Scotland of the Proceedings of the Army in Mining Edinburg-Castle and that part of the King's House there was burnt 25 Letters That the Scots Officers had sent to break off any Treaty of Accommodation and that they were to have a general Meeting for reconciling all Parties That among some Tories taken in Scotland one was an Elder of the Kirk who confessed the killing of some of the English being instigated by the Ministers That C. Monk had taken in the strong Castle of Roswel That the Scots were agreed amongst themselves and raising Forces to recruit their Army to 30000. 26 Letters That C. Axtel Governour of Kilkenny marched forth with about 800 Horse and Foot to relieve the Parliaments Garrison
of the Parliaments Soldiers 10. Upon the Defeat at Worcester Cromwel desired a Meeting with divers Members of Parliament and some chief Officers of the Army at the Speakers House and a great many being there he proposed to them That now the Old King being dead and his Son being defeated he held it necessary to come to a settlement of the Nation And in order thereunto he had requested this meeting that they together might consider and advise what was fit to be done and to be presented to the Parliament Speaker My Lord This Company were very ready to attend your Excellence and the Business you are pleased to propound to us is very necessary to be considered God hath given marvellous success to our Forces under your Command and if we do not improve these Mercies to some settlement such as may be to Gods Honour and the Good of this Common-wealth we shall be very much blame-worthy Harrison I think that which my Lord General hath propounded is to advise as to a Settlement both of our Civil and Spiritual Liberties and so that the Mercies which the Lord hath given in to us may not be cast away how this may be done is the great Question Whitelocke It is a great Question indeed and not suddenly to be resolved yet it were pity that a Meeting of so many Able and Worthy Persons as I see here should be fruitless I should humbly offer in the first place whether it be not requisite to be understood in what way this Settlement is desired whether of an absolute Republick or with any mixture of Monarchy Crom. My Lord Commissioner Wh. hath put us upon the right Point and indeed it is my meaning that we should consider whether a Republick or a mixt Monarchical Government will be best to be setled and if any thing Monarchical then in whom that Power shall be placed Sir T. Widdrington I think a mixt Monarchical Government will be most suitable to the Laws and People of this Nation and if any Monarchical I suppose we shall hold it most just to place that Power in one of the Sons of the late King Collonel Fleetwood I think that the Question whether an absolute Republick or a mixt Monarchy be best to be setled in this Nation will not be very easie to be determined Lord Chief-Justice St. John It will be found that the Government of this Nation without something of Monarchical Power will be very difficult to be so setled as not to shake the Foundation of our Laws and the Liberties of the People Speaker It will breed a strange Confusion to settle a Government of this Nation without something of Monarchy Collonel Desborough I beseech you my Lord why may not this as well as other Nations be governed in the way of a Republick Wh. The Laws of England are so interwoven with the Power and Practice of Monarchy that to settle a Government without something of Monarchy in it would make so great an alteration in the Proceedings of our Law that you have scarce time to rectifie nor can we well foresee the Inconveniences which will arise thereby Collonel Whaley I do not well understand matters of Law but it seems to me the best way not to have any thing of Monarchical Power in the Settlement of our Government and if we should resolve upon any whom have we to pitch upon The Kings Eldest Son hath been in Arms against us and his Second Son likewise is our Enemy Sir T. Widd. But the late Kings Third Son the Duke of Glocester is still among us and too young to have been in Arms against us or infected with the Principles of our Enemies Wh. There may be a day given for the Kings Eldest Son or for the Duke of York his Brother to come in to the Parliament and upon such terms as shall be thought fit and agreeable both to our Civil and Spiritual Liberties a Settlement may be made with them Crom. That will be a Business of more than ordinary difficulty but really I think if it may be done with safety and preservation of our Rights both as Englishmen and as Christians that a Settlement with somewhat of Monarchical Power in it would be very effectual Much other discourse was by divers Gentlemen then present upon several Points and too large to be here inserted generally the Soldiers were against any thing of Monarchy though every one of them was a Monarch in his Regiment or Company The Lawyers were generally for a mixt Monarchical Government and many were for the Duke of Glocester to be made King but Cromwel still put off that Debate and came off to some other Point and in conclusion after a long debate the Company parted without coming to any result at all only Cromwel discovered by this meeting the Inclinations of the Persons that spake for which he fished and made use of what he then discerned 11. Several Petitions from divers Counties were directed to the General and his Officers and Army acknowledging with thankfulness their great Services and setting forth the insupportable burdens upon the Country for the removal whereof they pray the General and his Officers and Army to be instrumental 1. Burden is of Tithes at first by a Cheat put upon us for advancement of Popery and maintaining superstitious and idle Persons whereby a third and fourth part of our Estates is taken away from us and the Fruit of our Labours by Priests and Improprietors And that in so-cruel and tyrannical a manner as in former times before 2 E. 6. was never practised among Christians and at present we are not able to get competent livelihood for our Children and Families leaving them as Slaves intailed to Priests and Improprietors who as cruel Task-masters do torment us 2. Burden is the managing and unlawful using of the Laws of the Land through the Number Pride Subtlety and Covetousness of Lawyers Atturneys and Clerks whereby the poor Country-men find the Cure worse than the Malady 3. Burden is the Excise 4. The great Assesses upon the Nation The Petitioners humbly pray That as God hath not put the Sword into your hand in vain you will mediate for us to the Parliament that the oppressed People may be eased and setled in freedom which they cannot be while Tithes continue and Covetousness executes the Law 12. Letters of Provisions arrived in Scotland for the Army and of Huntley and the other Lords coming in to the protection of the Parliament of England upon Capitulation and ingagement of the Lords and Gentlemen to disband all their Forces That the English Army have no opposition in Scotland and that only four Castles stand out against them in all Scotland 13. Letters That the Marquess of Argyle excused his coming to meet the Commissioners appointed by the Lieutenant-General to treat with him he being hindered by the Stone but he promised to come in Person to the Lieutenant-General That Ashfield's Regiment was marched into Murrayland
Common-wealth and there are enough besides me that can testifie it and I believe our Ingagements for this Common-wealth have been and are as deep as most mens and there never was more need of advice and solid hearty Counsel than the present State of our Affairs doth require Whitelock I suppose no man will mention his particular ingagement in this cause at the same time when your Excellencies ingagement is remembred yet to my capacity and in my station few men have ingaged further than I have done and that besides the goodness of your own nature and personal knowledge of me will keep you from any jealousie of my Faithfulness Cromwel I wish there were no more ground of Suspition of others than of you I can trust you with my life and the most secret matters relating to our business and to that end I have now desired a little private discourse with you and really My Lord there is very great cause for us to consider the dangerous condition we are all in and how to make good our station to improve the Mercies and Successes which God hath given us and not to be fooled out of them again nor to be broken in pieces by our particular jarrings and animosities one against another but to unite our Councels and hands and hearts to make good what we have so dearly bought with so much hazard blood and treasure and that the Lord having given us an entire Conquest over our Enemies we should not now hazard all again by our private Janglings and bring those Mischiefs upon our selves which our Enemies could never do Whitelock My Lord I look upon our present danger as greater than ever it was in the Field and as your Excellency truly observes our Proneness to destroy our Selves when our Enemies could not do it It is no strange thing for a gallant Army as yours is after full conquest of their Enemies to grow into Factions and Ambitious designs and it is a wonder to me that they are not in high Mutinies their Spirits being active and few thinking their services to be duely rewarded and the emulation of the Officers breaking out daily more and more in this time of their vacancy from their imployment besides the private Soldiers it may be feared will in this time of their Idleness grow into disorder and it is your excellent Conduct which under God hath kept them so long in discipline and free from Mutinies Cromwell I have used and shall use the utmost of my poor endeavours to keep them all in order and obedience Whitelock Your Excellency hath done it hitherto even to admiration Cromwell Truly God hath blest me in it exceedingly and I hope will do so still Your Lordship hath observed most truly the inclinations of the Officers of the Army to particular Factions and to murmurings that they are not rewarded according to their deserts that others who have adventured least have gained most and they have neither profit nor preferment nor place in government which others hold who have undergone no hardships nor hazards for the Common-wealth and herein they have too much of truth yet their insolency is very great and their influence upon the private Soldiers works them to the like discontents and murmurings Then as for the Members of Parliament the Army begins to have a strange distast against them and I wish there were not too much cause for it and really their pride and ambition and self-seeking ingrossing all places of honour and profit to themselves and their Friends and their daily breaking forth into new and violent parties and factions Their delays of Business and design to perpetuate themselves and to continue the power in their own hands their medling in private matters between party and party contrary to the institution of Parliaments and their injustice and partiality in those matters and the Scandalous Lives of some of the chief of them these things My Lord do give too much ground for people to open their mouthes against them and to dislike them Nor can they be kept within the bounds of Justice and Law or Reason they themselves being the supream Power of the Nation lyable to no account to any nor to be controuled or regulated by any other power there being none superior or coordinate with them So that unless there be some Authority and Power so full and so high as to restrain and keep things in better order and that may be a check to these exorbitancies it will be impossible in humane reason to prevent our ruine Whitelock I confess the danger we are in by these extravagancies and inordinate powers is more than I doubt is generally apprehended yet as to that part of it which concerns the Soldiery your Excellencies power and Commission is sufficient already to restrain and keep them in their due obedience and blessed be God you have done it hitherto and I doubt not but by your wisedome you will be able still to do it As to the Members of Parliament I confess the greatest difficulty lies there your Commission being from them and they being acknowledged the Supream Power of the Nation subject to no controls nor allowing any appeal from them Yet I am sure your Excellency will not look upon them as generally depraved too many of them are much to blame in those things you have mentioned and many unfit things have passed among them but I hope well of the Major part of them when great matters come to a decision Cromwell My Lord there is little hopes of a good settlement to be made by them really there is not but a great deal of fear that they will destroy again what the Lord hath done gratiously for them and us we all forget God and God will forget us and give us up to confusion and these men will help it on if they be suffered to proceed in their wayes some course must be thought on to curb and restrain them or we shall be ruined by them Whitelock We our selves have acknowledged them the Supream power and taken our Commissions and Authority in the highest concernments from them and how to restrain and curb them after this it will be hard to find out a way for it Cromwell What if a man should take upon him to be King Whitelock I think that remedy would be worse than the disease Cromwell Why do you think so Whitelock As to your own person the Title of King would be of no advantage because you have the full Kingly power in you already concerning the Militia as you are General As to the nomination of Civil Officers those whom you think fittest are seldom refused and although you have no negative Vote in the passing of Laws yet what you dislike will not easily be carried and the Taxes are already setled and in your Power to dispose the money raised And as to Forrain Affairs though the Ceremonial Application be made to the Parliament yet the expectation of good or bad Success in it is from
your Excellency and particular Sollicitations of Forreign Ministers are made to you only So that I apprehend indeed less Envy and Danger and Pomp but not less power and real opportunities of doing good in your being General than would be if you had Assumed the Title of King Cromwell I have heard some of your Profession observe that he who is actually King whether by Election or by descent yet being once King all Asts done by him as King are lawful and justifiable as by any King who hath the Crown by Inheritance from his Fore-Fathers and that by an Act of Parliament in H. 7. time It is safer for those who act under a King be his Title what it will than for those who act under any other power And surely the power of a King is so great and high and so universally understood and reverenced by the People of this Nation that the Title of it might not only Indemnifie in a great Measure those that Act under it But likewise be of great use and advantage in such times as these to curb the Insolencies of those whom the present powers cannot Controul or at least are the persons themselves who are thus insolent Whitelock I agree in the general what you are pleased to observe as to this Title of King but whether for your Excellency to take this Title upon you as things now are will be for the good and advantage either of your self and Friends or of the Common-wealth I do very much doubt notwithstanding that Act of Parliament 11 H. 7. which will be little regarded or observed to us by our Enemies if they should come to get the upper hand of us Cromwel What do you apprehend would be the danger of taking this Title Whitelock The danger I think would be this one of the main points of Controversie betwixt us and our Adversaries is whether the Government of this Nation shall be established in Monarchy or in a Free State or Common-wealth and most of our Friends have engaged with us upon the hopes of having the Government setled in a Free-State and to effect that have undergone all their hazards and difficulties They being persuaded though I think much mistaken that under the Government of a Common-wealth they shall enjoy more Liberty and Right both as to their Spiritual and Civil concernments than they shall under Monarchy the pressures and dislike whereof are so fresh in their Memories and Sufferings Now if your Excellency shall take upon you the Title of King this State of your Cause will be thereby wholly determined and Monarchy established in your Person and the question will be no more whether our Government shall be by a Monarch or by a Free-State but whether Cromwell or Stuart shall be our King and Monarch And that question wherein before so great parties of the Nation were ingaged and which was Vniversal will by this means become in Effect a private Controversie only before it was National What kind of Government we should have now it will become particular Who shall be our Governour whether of the Family of the Stuarts or of the Family of the Cromwells Thus the State of our Controversie being totally changed all those who were for a Common-wealth and they are a very great and considerable Party having their hopes therein frustrate will desert you your hands will be weakned your Interest streightned and your Cause in apparent danger to be ruined Cromwell I confess you speak reason in this but what other thing can you propound that may obviate the present dangers and difficulties wherein we are all Ingaged Whitelock It will be the greatest difficulty to find out such an Expedient I have had many things in my private thoughts upon this Business some of which perhaps are not fit or safe for me to Communicate Cromwel I pray my Lord what are they you may trust me with them there shall no prejudice come to you by any private discourse betwixt us I shall never betray my Friend you may be as free with me as with your own Heart and shall never suffer by it Whitelock I make no scruple to put my Life and Fortune in your Excellencies hand and so I shall if I impart these Fancies to you which are weak and perhaps may prove offensive to your Excellency therefore my best way will be to smother them Cromwell Nay I prethee my Lord Whitelock let me know them be they what they will they cannot be offensive to me but I shall take it kindly from you Therefore I pray do not conceal those thoughts of yours from your faithful Friend Whitelock Your Excellency honours me with a Title far above me and since you are pleased to command it I shall discover to you my thoughts herein and humbly desire you not to take in ill part what I shal say to you Cromwell Indeed I shall not but I shall take it as I said very kindly from you Whitelock Give me leave then first to consider your Excellencies condition You are environed with secret Enemies upon your subduing of the publâ—ck Enemy the Officers of your Army account themselves all Victors and to have had an equal share in the Conquest with you The Success which God hath given us hath not a little elated their minds and many of them are busie and of Turbulent Spirits and are not without their designs how they may dismount your Excellency and some of themselves get up into the Saddle how they may bring you down and set up themselves They want not Counsel and Incouragement herein it may be from some Members of the Parliament who may be jealous of your power and greatness lest you should grow too high for them and in time over-master them and they will Plot to bring you down first or to Clip your Wings Cromwell I thank you that you so fully consider my Condition it is a Testimony of your love to me and care of me and you have rightly considered it and I may say without vanity that in my condition yours is involved and all our Friends and those that Plot my ruine will hardly bear your continuance in any Condition worthy of you Besides this the Cause it self may possibly receive some disadvantage by the struglings and contentions among our Selves But what Sir are your thoughts for prevention of those Mischiefs that hang over our Heads Whitelock Pardon me Sir in the next place a little to consider the Condition of the King of Scots This Prince being now by your Valour and the Success which God hath given to the Parliament and to the Army under your Command reduced to a very low Condition both he and all about him cannot but be very inclinable to harken to any Terms whereby their lost hopes may be revived of his being restored to the Crown and they to their Fortunes and Native Countrey By a private Treaty with him you may secure your self and your Friends and their Fortunes you may make your self and your
them to have Fire-Arms or Ammunition 4. Letters that Argyle finding his Country men would not follow him by reason his Son the Lord Lorn was with the other party he left the Highlands That De Wit convoyed home to the Texel from the Sound the East-India Ships with 375 other Merchantmen and that about thirty Sail from Norwey were come home That young Trump was got home with his Merchantmen through the Channel That the English East-India Ships and other Merchantmen were safely arrived with their Convoy two Men of War and came in sight of young Trump who had Eight men of War yet did not exchange one Shot with them that a great Fleet of Colliers were come into the Thames 5. An Act passed for Repealing part of a former Act that enjoyns the subscribing the Engagement before one shall have the benefit of the Law A Bill committed for the taking away the High Court of Chancery and Constituting Judges and Commissioners for hearing Causes now depending in Chancery and future matters of Equity and for Reforming Abuses in the Common Law 7. Letters of the Cruelty and Insolency of the Highlanders under Kinmore That a Garison of the Parliaments took divers of them Prisoners and many Horses and Arms. Of the preparations in Holland for one hundred Sayl of Men of War 8. Debate of the Bill of the Assesments and the House Ordered the Rates to continue as before An Act passed concerning the Determination of certain Claims depending before the Commissioners of Obstructions 9. A Committee sate upon the Petition of Alderman Fowk late Lord Mayor of London 11. Of a Synode in Scotland among whom was great differences of Opinion with long and sharp Debates Of two French Prizes brought into Plymouth and an other pretending to be an Hamburgher Of a Frigot sent to Jersey for twenty Brass Guns and for two Companies of Soldiers Of two Dutch Prizes more brought into Alborough Sheriffs Nominated for the Counties of England and Wales 12. Letters of two Dutch Prizes brought into Burlington Bay That by great storms at Sea the Dutch lost twenty of their Ships driven a shore most of them Men of War And that De Wit was not returned That in the late storm two thousand Dutch Men were lost and four hundred and seventy Pieces of Cannon That in the storm fifteen breaches were made in the Banks of that Country and some Castles and whole Villages drowned 14. Letters of the French Capers doing much mischief to the English Merchants and cruelly using their Men and that they make Brest another Algiers That the great loss of the Dutch by the late storm at Sea hindred their Admiral Opdam from going forth with the Fleet. Order of Parliament touching the Redemption of the Captives of Algier Letters from the States of Lubeck and Hamburgh to the Parliament of England read in the House 15. The House Nominated some Sheriffs and Debated the Bill of Assesments Letters of a Party of the Highlanders falling upon a small Party of the English of whom they killed one and wounded three of them That Captain Watson fell upon a Party of the Highlanders and did them much damage Of thirteen Dutch and French Prizes brought into Plymouth most of them pretending to be Hamburghers 16. Orders touching claims for Moneys due upon Publick Faith and touching some Sheriffs of Counties 17. The Council of State published an Order Reciting the Trust reposed in them by the Parliament for this purpose they declare that the Council will protect all the good People of these Nations That no disturbance shall be offered to any such in their peaceable Assemblies for the Worship of God It is expected and required of all Ministers of Justice to proceed against the offenders therein as disturbers of the publick peace and all other persons to take notice thereof Order for a Lottery for Provinces and Counties in Ireland as to claims of land there 18. Letters that Kenmores party increased and took many Horses from the Lowlands who were generally their Friends That they plundered the Country and took some Prisoners that they received a Letter from their King that he could not assist them which discouraged them That by the late Inundation in Holland Amsterdam was damaged one hundred thousand l. That their Fleet being seventy two Men of War riding in the Texel were much shattered by the late violent winds sixteen of them lost and fourteen driven on shoar not above six left that were serviceable That the Seamen there are discontented that General Monk was gone down to the Parliaments Fleet. 19. Debate of the power of Patrons in Presenting Ministers and the inconveniencies thereof and Orders for an Act to take away Presentations An Act passed for setling Lands of the late Earl of Darby upon the present Earl his Son Order for a Bill touching the Excise and debate upon the Bill of Assesments That the Pickaroons of Bulloign took an English Merchant Man 21. That the Highlanders Garisoned several Houses that a Party of them took two Captains of Collonel Overtons Regiment going with their Wives to Glascow and took two Soldiers of Colonel Tomlinsons Regiment and that they plundered the Lord Warestons House An Act published for Establishing of a High Court of Justice A great Insurrection and Tumult was at the New Exchange between the Portugal Ambassadors Brother and some of his Company and Collonel Gerrard an English Gentlman who hearing the Portugueses discoursing in French of the Affairs of England told them in French That they did not represent those passages aright Whereupon one of the Portugueses gave him the lye and they all three fell upon Collonel Gerrard stabbing him in the shoulder with a Dagger but being rescued out of their hands by one Mr. Anthuser they retired home and within one hour returned with twenty more Armed with Breast-Plates and Head-pieces but after two or three turns not finding Mr. Anthuser they returned home that night 22. Letters that two thousand Dutch Prisoners of War in England were discharged and come home into Holland That young Trump was come home safe and so was the Dutch Ships from Bergen in Norwey The Portugal Ambassadors Brother returned again to the New Exchange with his Company and walking there they met with Colonel Mayo whom they supposed to have been Mr. Anthuser and shooting off a Pistol as a warning Fifty Portugueses came in with drawn Swords and leaving some to keep the Stayers the rest went up with the Ambassadors Brother and fell upon Colonel Mayo who gallantly defending himself received seven dangerous wounds and lies in a dying condition And then they fell upon Mr. Greenway of Lincolns-Inn who was walking with his Sister in one hand and his Mistriss in the other and Pistol'd him in the head whereof he dyed immediatly they brought with them several Jars filled with Gunpowder in their Coaches stopped with Wax and filled with Matches intending as it seemed to have done some
Commissioners of the Great Seal for the time being shall have power to hear and determine such corruption and miscarriage and to award and inflict punishment as the nature of the Offence shall deserve which punishment shall not be pardoned or remitted by the Lord Protector And in the interval of Parliaments the major part of the Council with the consent of the Lord Protector may for Corruption or other Miscarriage as aforesaid suspend any of their number from the exercise of their Trust if they shall find it just until the matter shall be heard and examined as aforesaid XXVI That the Lord Protector and the major part of the Council aforesaid may at any time before the meeting of the next Parliament add to the Council such persons as they shall think fit provided the number of the Council be not made thereby to exceed One and twenty and the Quorum to be proportioned accordingly by the Lord Protector and the major part of the Council XXVII That a constant yearly Revenue shall be raised setled and establisht for maintaining of Ten thousand Horse and Dragoons and twenty thousand Foot in England Scotland and Ireland for the Defence and Security thereof and also for the convenient number of Ships for guarding of the Seas besides Two hundred thousand pounds per annum for defraying the other necessary Charges for administration of Justice and other Expences of the Government Which Revenue shall be raised by the Customs and such other ways and means as shall be agreed upon by the Lord Protector and Council and shall not be taken away or diminishe nor the way agreed upon for raising the same altered but by the consent of the Lord Protector and the Parliament XXVIII That the said yearly Revenue shall be paid into the Publick Treasury and shall be issued out for the Vses aforesaid XXIX That in case there shall not be cause hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof the Money which will be saved thereby shall remain in Bank for the Publick Service and not be employed to any other use but by consent of Parliament or in the intervals of Parliament by the Lord Protector and major part of the Council XXX That the raising of Money for defraying the Charge of present extraordinary Forces both at Land and Sea in respect of the present Wars shall be by consent in Parliament and not otherwise save only that the Lord Protector with the consent of the major part of the Council for preventing the Disorders and Dangers which may otherwise fall out both at Sea and Land shall have power until the meeting of the first Parliament to raise Money for the purposes aforesaid and also to make Laws and Ordinances for the Peace and Welfare of these Nations where it shall be necessary which shall be binding and in force until Order shall be taken in Parliament concerning the same XXXI That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parliament belonging to the Common-wealth Except the Forests and Chases and the Honours and Manors belonging to the same the Lands of the Rebels in Ireland lying in the four Counties of Dublin Cork Kildare and Katerlaugh the Lands forfeited by the People of Scotland in the late Wars and also the Lands of Papists and Delinquents in England who have not yet compounded shall be vested in the Lord Protector To hold to him and his Successors Lord Protectors of these Nations and shall not be aliened but by consent in Parliament And all Debts Fines Issues Amerciaments Penalties and Profits certain and casual due to the Keepers of the Liberties of England by Authority of Parliament shall be due to the Lord Protector and be payable into his Publick Receipt and shall be recovered and prosecuted in his Name XXXII That the Office of the Lord Protector over these Nations shall be Elective and not Hereditary and upon the Death of the Lord Protector another fit Person shall be forthwith Elected to Succeed him in the Government which Election shall be by the Council who immediatly upon the death of the Lord Protector shall assemble in the Chamber where they usually sit in Council and having given notice to all their number of the cause of their Assembling shall being Thirteen at least present proceed to the Election and before they depart out of the said Chamber shall Elect a fit person to succeed in the Government and forthwith cause Proclamation thereof to be made in all the three Nations as shall be requisite And the Person that they or the major part of them shall Elect as aforesaid shall be and shall be taken to be Lord Protector over these Nations of England Scotland and Ireland and the Dominions thereto belonging 〈◊〉 Provided that none of the Children of the late King nor any of his Line or Family be Elected to be Lord Protector or other chief Magistrate over these Nations or any the Dominions thereto belonging And until the aforesaid Election be past the Council shall take care of the Government and administer in all things us fully as the Lord Protector or the Lord Protector and Council are enabled to do XXXIII That Oliver Cromwel Captain General of the Forces of England Scotland and Ireland shall be and is hereby declared to be Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging for his life XXXIV That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admiral Chief Governors of Ireland and Scotland and the Chief Justices of both the Benches shall be chosen by the approbation of Parliament and in the intervals of Parliament by the approbation of the major part of the Council to be afterwards approved by the Parliament XXXV That the Christian Religion contained in the Scriptures be held forth and recommended as the publick Profession of these Nations and that as soon as may be a Provision less subject to scruple and contention and more certain than the present be made for the Encouragement and Maintenance of able and painful Teachers for instructing the People and for discovery and confutation of Error Heresie and whatever is contrary to sound Doctrine And that until such Provision be made the present Maintenance shall not be taken away nor impeached XXXVI That to the publick Profession held forth none shall be compelled by penalties or otherwise but that endeavours be used to win them by sound Doctrine and the Example of a good Conversation XXXVII That such as profess Faith in God by Jesus Christ though differing in judgment from the Doctrine Worship or Discipline publickly held forth shall not be restrained from but shall be protected in the profession of the Faith and exercise of their Religion so as they abuse not this liberty to the civil Injury of others and to the actual disturbance of the Publick Peace on
High Puissances are also too just to give the World cause to say that you regard not your Friends but in the Moment when you have need of them and that you neglect to give them like succour as you expect from them What will all the Neighbourhood judge of such proceedings that while these Provinces are Treating in England they let it be known that at the same time they are Negotiating Alliance in France and the Treaty in England being brought near to Effect they speak no more of the Alliance of France One would expect that these two Treaties should March with an equal pace it will be seen that one is advanced and the other stands still If that of England be concluded and no mention made of that of France will it not rather be suspected that an Alliance was proposed at Paris to obtain an advantageous Peace at London But it will not fall out so these distrusts have not entred into the Council of the King the Alliance will proceed and if in the Project which the Commissioners of his Majesty have given to the Ambassadour of your High Puissances there be any thing that requires a temperament it will be done with justice and equality Since France will be free from misunderstanding with England otherwise there would be too much difference in the condition of the Contractors Your High Puissances finding your selves in full Peace with Spain and England And France being overcharged with New Troubles from England besides the War which She sustains against Spain The same justice to procure for France the accomodations with England appears clearly in the Design which your High Puissances discovered when you resolved to Treat an Alliance with France for they thereupon gave Instructions to their Ambassadors in two Cases the one of the Peace the other of the War with England desiring in the last Case that the King should Imploy his Forces for their Succour and it is Equity that you should include in the Peace him whom you would have ingaged in the War otherwise you would reap all the benefit to your selves and put all the bazards upon your Friends These Conditions are so natural and pressing that they may surmount the greatest obstacles if you shall include France in the Peace of your High Puissances with England But if you do not or be found slack â—herein it cannot be said here as in other Treaties That France would not have Peace for She demandeth it instantly It cannot bo alledged what was said to your Deputies on the behalf of the King of Denmark That that Prince did not at all appear by his Ministers France hath hers at London The English are offended with Denmark No such thing appears against France It cannot be objected that our differences are of long discussion and mingled with divers pretensions Nor that there is any great War to be determined or long Animosities to be extinguished It is not a War nor is it any hatred but these differences between us and England may rather be named Disorders in the Commerce of particular Persons and are principally upon such Matters as make Application to the Office of Friends to prevent the Mischiefs of War before they be Declared The thing then is easie of it self but much more easie in the condition you are in England is willing to have a Peace with you and without searching into the Reasons wherefore they desire it it appears sufficiently that they are willing to have it parting with so many pretentions which were put forth in the beginning it is not credible that they would loose the occasion of this Accommodation with the Provinces in the present Constitution of Affairs for this only Circumstance the including of France they would the rather have Peace with your High Puissances if they saw you streightly Vnited with France And if it should fall out otherwise it would necessarily be believed that England had higher Designs that it were joyned with Spain and that the Peace presented to the United Provinces were but a blind to disunite them from their ancient Friends and to ruine them with joynt Forces of the Spaniards when they had separated them But I have no such Opinion I esteem England to treat sincerely with your High Puissances and hope that after you have well considered this Inclusion which I demand of you in the Peace what profit it will bring how necessary for your Trade and to the Security of a reasonable Treaty among Friends just between Allies and easie to be obtained you will not lose the favourable occasion to perform one of the best Actions that hath been done since the Foundation of your State promoting a Peace to a great Kingdom doing a good Office to a powerful King and making known to all the World what they may expect from your Friendship Hereupon I shall attend the Answer of your High Puissances to make it known unto the King my Master The Ordinance published for adjourning part of Easter Term that in the mean time course might be taken for reforming the Abuses and Corruptions in the proceedings of Law A Congratulation to the Lord Protector from the Town of Newcastle Letters that Cornet Kennet with Twenty Men going to Collect an Assessment about Dumfrize were set upon by Forty of the Enemy received their Charge and then charged through the Rebells routed them killed four took six and had only four of his Party Wounded That Lieutenant Hickman with another party fell upon Sixty of the Enemy took six and about twenty Horse That another Party under Cornet Keys and Lieutenant Young with about forty Horse and thirty Foot fell upon a Party of the Enemy being sixty Horse and sixty Foot Routed them and Killed a Captain and twelve Souldiers took several Officers and forty Soldiers and twenty Horse and lost but one Man and another Wounded That Major Bridge took two Prisoners and six Horses which he restored to the Country from whom the Scots had taken them That Lieutenant Hickman had routed the Enemy and taken some Prisoners slew three and pursued them to the Hills 11 Letters that the Ratification of the Articles of Peace with England was Signed by most of the States 12 An Ordinance passed touching Surveyors of the High-ways Another forbidding Planting of Tobacco in England Another for the Union of Scotland with England in these words His Highness the Lord Protector of the Common-Wealth of England Scotland and Ireland c. taking into consideration how much it might conduce to the glory of God and the peace and welfare of the people in this whole Island that after all those late unhappy Wars and Differences the People of Scotland should be united with the People of England into one Commonwealth and under one Government and finding that in December one thousand six hundred fifty and one the Parliament then sitting did send Commissioners into Scotland to invite the People of that Nation unto such an happy Vnion who proceeded so far therein that
could not enter but if the blessing and presence of God go along with you in management of your Affairs I make no question but he will enable you to lay the top-stone of this work But this is a Maxim not to be despised Though Peace be made yet it is Interest that keeps Peace and further than that Peace is not to be trusted The great End of calling this Parliament is That the Work of God may go on that the Ship of this Commonwealth may be brought into a â—afe Harbor I shall put you in mind that you have a great work upon you Ireland to look to that the beginning of that Government may be setled in honour That you have before you the considerations of those Foreign States with whom Peace is not made who if they see we manage not our Affairs with prudence as becomes men will retain hopes that we may still under the disadvantages thereof break into confusion I shall conclude with my persuasion to you to have a sweet gracious and holy understanding one of another and put you in mind of the counsel you heard this day in order thereunto And I desire you to believe that I speak not to you as one that would be a Lord over you but as one that is resolved to be a Fellow-servant with you to the interest of this great Affair Then he wish'd them to repair to their House and exercise their own liberty in the choice of their Speaker After he had done the Members went to their House and chose the old Speaker Mr. Lenthal Master of the Rolls to be their Speaker and Mr. Scobel to be their Clerk and Mr. Berkshead to be the Sergeant at Arms to attend them Then they appointed a Day of Humiliation the 13 of September to be kept by the Parliament City and Parts adjacent and the 4th of October to be kept in all other Parts of England Scotland and Wales and the 13 of November in Ireland and so they adjourned till the next day 5 The Parliament sate and called over their Members the House appointed a Committee of Priviledges and ordered That no Petition concerning any Election should be received after three Weeks 6 An Ordinance published For Ejecting Scandalous Ignorant and Insufficient Ministers and Schoolmasters and Commissioners appointed in the respective Counties for that purpose Some Considerations was had in the House touching the Priviledge of the Parliament in their freedom in debate Then the Lord Protector 's Speech to them was taken into consideration and amongst the Particulars thereof the Foreign Negotiations were mentioned and particularly that of Swedeland Which caused Whitlock to make the following Relation Mr. Speaker I Held it my Duty though the present Occasion had not been offere to give a clear Account to this Honourable House of that Negotiation wherein I had the Honour to serve the Common-wealth lately in Swedeland with the general Transactions and Issue thereof and the great Respects testified to this Commonwealth in those places and by those Princes and States beyond the Seas where I had occasion to be during this my Imployment that you may judge of the success and advantages thereof I shall not mention the great difficulties and opposition which I met with from some in that Court and from the Danish and Dutch Publick Ministers and Party there whose high interest it was to hinder your Alliance with that Crown Neither shall I Particularly insist upon and acquaint you with the great dangers both by Sea and Land through which it pleased God to bring me and to preserve me lest I should seem to magnifie that which was but my Duty to undergo any Hazards or Perils for your Service Only Sir you will give me leave not to forget the goodness of God to me and my company in our great deliverances which the Lord was pleased to vouchsafe to us and which I hold my self obliged to remember with all thankfulness to his immediate hand of goodness to us Sir Your Servants had extraordinary Respect and Civility manifested to them both by the Officers and People of that Countrey in their long Journey and upon their safe arrival at the Court at Vpsale by all sorts of People of inferior rank and of the greatest Ones and by the greatest of them the Prince Heretier and by the Queen her self who sought to make appear her Affection and Regard to this Nation by her Favors to your servant which did much exceed those which she usually allows to others of the like condition In our Ceremonies wherein that Nation are very punctual I confess I was somewhat refractory to their Expectations out of my Zeal to keep up the Honour of my Nation and even those things have such a signification in such Affairs but they were well past over and then we fell to our business wherein I found those with whom I discoursed and treated to be full of Experience Abilities and Wisdom and some of them full of subtlety and too much inclining to use delays for their particular advantage which you will pardon those to take the more notice of who were at so great a distance from their Countrey and Relations I thought it behoved me for the service of my Countrey and she better performance of the Trust that time reposed in me to acquaint my self by the best means I could with the nature of the People their Government the Quality of their Governors their Religion Strength and Trade and other matters relating to them This I did not only by studying of Books but of Men also in the Conversation and Treaties which I had with them and wherein I endeavored to gain information of these things from them added to my own observations on the place I found the People hardy and stout and the more inured to it by the sharpness of their Climate which renders them the more able for Military Service They are obedient to their Rulers but amongst their Equals too much addicted to Quarrelling and Drinking that ferments the other They are yet very Courteous to Strangers in their travaling and sojourning not making a Prey of them nor deceiving them nor deriding them in their ignorance of the Coâ—ntrey or Language but affording them all accommodations for their money which they expect Their Governours are wise expert and po-Iitick keeping their distance and the rules of justice but they will hardly Pardon any neglect the omission of a Ceremony or not returning a Visit is enough with some of them to break off a treaty of the greatest Consequence Though they Practice much delay when they judge their interest to require it yet they observe honourably their Capitulations and though both Rulers and people regard their particular Interest in the first place yet it is not with the excluding of justice and honesty Their Government is by Municipal Laws and Customes and by Acts of their Supream Councel which hath the Legislative power and is the same in effect if not the
Days and this Day debated upon the Articles of Government An Ordinance was Published to enable such Soldiers as had served the Commonwealth in the late Warrs to Exercise any Trade 12 Oliver being acquainted that the Debates of the Parliament grew high touching the New Government and entertaining a Jealousie to which he was addicted that this Parliament would either too far invade it or indeavour to overthrow it he sent for the Members to meet him in the painted Chamber where he spake to them to this effect That when he met them few days since and delivered his mind unto them he did it with much more hopes and Comfort than now that he was very sorry to find them falling into heats and divisions He opened to them the miscarriages of the former long Parliament and by what means he came to the Government together with the consent that the people had many wayes given thereunto That the other day when he told them they were a free Parliament he did also consider there was a Reciprocation For that the same Government which made them a Parliament made him Protector and as they were intrusted with some things so is he with other things That there were some things in the Government Fundamental and could not be altered 1. That the Government should be in one Person and a Parliament 2. That Parliaments should not be made perpetual which would deprive the people of their successive Elections nor that the Parliament should be always sitting that is as soon as one Parliament is up that another Parliament should come and sit in their places the very next day that this could not be without subjecting the Nation to an Arbitrary Power in Governing because Parliaments when they sit are absolute and unlimited The Third Fundamental was in the matter of the Militia and therefore for the preventing the two aforementioned inconveniences The Militia was not to be intrusted in any one hand or power but to be so disposed that as the Parliament ought to have a Check upon the Protector to prevent excesses in him so on the other hand the Protector ought to have a Check upon the Parliament in the business of the Militia to prevent excesses in them because if it were wholly in the Parliament they might when they would perpetuate themselves But now the Militia being disposed as it is the one stands as a Counterpoiz to the other and renders the ballance of Government the more even and the Government it self the more firm and stable The Fourth was about a due Liberty of Conscience in matters of Religion wherein Bounds and Limits ought to be set so as to prevent persecution That the rest of the things in the Government were Examinable and Alterable as the occasion and the state of Affairs should require That as for a Negative voice he claimed it not save onely in the foresaid particulars That in all other things he had onely a deliberative power and if he did not pass such Laws as were presented to him within twenty days after their presentment they were to be Laws without Consent Therefore he told them that things being thus he was sorry to understand that any of them should go about to overthrow what was so setled contrary to their Trusts received from the people which could not but bring on very great inconveniences to prevent which he was necessitated to appoint a Test or Recognition of the Government which was to be signed by them before they went any more into the House The Recognition was in these Words I A. B. do hereby freely promise and Ingage my self to be true and faithful to the Lord Protector and the Commonwealth of England Scotland and Ireland and shall not according to the tenour of the Indenture whereby I am returned to serve in this present Parliament propose or give any Consent to alter the Government as it is setled in one single person and a Parliament This being Ingrossed inparchment was placed on a Table near the House Door for the Members to peruse and sign it and about 130 of them subscribed it and took their places and the House Adjourned for one day to give time for the rest to sign it Major General Harrison was secured by a Party of Horse by the Lord Protectors Order 13 The Solemn Fast was kept An Ordinance passed to give Liberty to carry Milstones Timber Stones c. 14 Many more of the Members subscribed the Recognition The House voted and declared that the Recognition did not Comprehend nor should be construed to Comprehend therein the whole Government consisting of Forty two Articles but that it doth onely include what concerns the Government of the Commonwealth by a single Person and successive Parliaments An Ordinance Published touching Fines The University of Oxford acknowledge the respect of the Protector to them in continuing their Chancellor and bestowing on the Publick Library there twenty four Manuscripts in Greek and for muificently ordering an Hundred pound per Annum to a Divinity Reader 15 A Ship from Saint Lucar came into the Downs and in her 100000 l. in Plate besides other Rich Goods Some Barks were cast away near Pool laden with Linnen 16 After a sharp Conflict with Sir Arthur Forbes in Scotland he was taken Prisoner and his Forces dispersed Cornet Peas with twenty five horse set upon Montross who had 200 horse and Foot and Killed five took eight Prisoners and twenty seven horse Montross and his Officers hardly escaping and took divers Commissions and Instructions from the King 18 The Parliament passed a Declaration to which the Protector assented for a Fast to be kept in the three Nations The Parliament Passed these Votes That all persons Returned or who shall be Returned to serve in this present Parliament shall before they be admitted to sit in this House subscribe the Recognition That those Subscriptions shall be taken in the presence of any two Members who have subscribed the Recognition 19 The Parliament sat in a grand Committee and ordered so to sit de Die in Diem to debate the Act of Government till they have gone through the Forty two Articles They Voted that the Supream Legislative authority shall reside in a Lord Protector and the People assembled in Parliament and that the present Lord Protector shall continue during life The Lord Lorn the Earl of Argyle's Son took a essel Loaden with Provisions that was going to his Father and took her men Prisoners Fleetwood was Proclaimed Lord Deputy in Ireland 20 The Parliament debated in a grand Committee upon the articles of Government as they did dayly 21 Still the debates continued in a grand Commitee upon the Articles of Government and several Votes were passed by the Committee 22 Collonel L. Fâ—â—ester in Scotland submitted upon Articles to the English Commonwealth and no enemy appeared in Scotland The English Commissioners appointed Magistrates and Councels
for the good Government of the Nation That the Councel shall be Sworn before the Parliament when they sit and in the Intervals of Parliament before the Comissioners of the great Seal That Whitehal Saint Jameses the Mews Summerâ—et House Greenwich Hampton Court Windsor and the manner of York be kept unsold for the Protectors Use That all Moneys be brought into the Exchequer and all Publick Debts â—ued for in the Protectors name 22 Storms in Scotland destroyed many hundred of Cattle More came in to Major General Overton and divers others of his Party The Bill touching the Articles of Government Read the First time Dr. Walker appointed to be of Council for the Commonwealth in the business of the Lord Craven 23 A Petition of Disbanded Oâ—ficers for their Arrears referred to a Committee A Petition from the University of Cambridge referred to a Committee The Bill for settling the Government was Read the Second time and the House Sate Forenoon and Afternoon in the Debate of it 25 The House sate though it was Christmas-Day and proceeded in their Debates touching the Government 26 Arguments before a Committee concerning the Lord Cravens Business on his part and for the Purchasers of his Estate the Lord Cravens Council shewed Presidents That Judgments against a Party unheard have been Reversed in Succeeding Parliaments The Purchasers Council insisted on the Credit of the Act of Parliament which perswaded them to buy his Lands 27 Letters of Solemnities at Stockholm upon the Marriage of their King 28 The House proceeded in their Debates touching the Government 29 The Government by the Protector was still the subject of the Houses Debate 30 A Quaker came to the door of the Parliament and drawing his Sword fell to slashing those near him and knocked at the door aloud he was laid hold on and Committed to Prison January 1654. Jan. 1. The House Debated the Matter of Election of Members for succeeding Parliaments 3 The Quaker being Examined by a Committee why he drew his Sword and hurt divers at the Parliament door answered That he was inspired by the Holy Spirit to Kill every man that sate in the House The House Debated the Point of Liberty of Conscience upon the New Government and agreed to give it to all who shall not maintain Atheism Popery Prelacy Prophaneness or any damnable Heresie to be enumerated by the Parliament 7 The Parliament continued their Debates touching the Government wherein many things were spoken which gave great Offence to the Protector and his Council and cause of Suspition that no good was to be expected from them 8 The Parliament continued not inclinable to the Protectors desires 11 The Parliament made what haste they could to finish their Debates 16 The business of Parliament was not likely to come to a good Issue 17 The Protector advised about sending a Fleet to the West-Indies The Protector began to be weary of the Parliament and to have thoughts of Dissolving it He was advised to the contrary upon Experiences of former inconveniences upon the Dissolution of Parliaments which ever caused ill blood however not to Dissolve it till after the time was past that they were to Sit by the Instrument of Government but the Protector seemed not to be very Sollicitous thereof and was resolute to part with them and some of his Councel were not backward to promote what they perceiv'd he was inclin'd to have done 19 Much Debate was at Whitehall about Dissolving of the Parliament 22 The Protector Dissolved the Parliament having first made this Speech Gentlemen I Perceive you are here as the House of Parliament by your Speaker whom I see here and by your faces which are in a great measure known to me When I first met you in this Room it was to my apprehension the hopefullest day that ever mine eyes saw as to considerations of this World For I did look at as wrapt up in you together with my self the hopes and the happiness of though not of the greatest yet a very great and the best People in the World and truly and unfeignedly I thought so as a People that have the highest and the clearest profession among them of the greatest glory to wit Religion as a People that have been like other Nations sometimes up and sometimes down in our honour in the World but yet never so low but wâ— might measure with other Nations and a People that have had a stamp upon them from God God having as it were summed all our former Glory and Honour in the things that are of Glory to Nations in an Epitomie within these 10 or 12 Years last past so that we knew one another at home and are well known abroad And if I be not very much mistaken we were arrived as I and truly as I beleive many others did think at a very safe Port where we might sit down and contemplate the dispensations of God and our mercies and might know our mercies not to have been like to those of the Antients who did make out their Peace and Prosperity as they thought by their own endeavours who could not say as We That all Ours were let down to Vs from God himself whose Appearances and Providences amongst Vs are not to be out-matched by any Story Truly this was our condition and I know nothing else we had to do save as Israel was commanded Anno 1655 in that most excellent Psalm of David Psal 78. v. 4 5 6 7. The things which we have heard and known and our Fathers have told us we will not hide them from their Children shewing to the Generation to come the praise of the Lord and his strength and his wonderful works which he hath done for he established a Testimony in Jacob and appointed a Law in Israel which he commanded our Fathers that they should make them known to their Children that the Generation to come might known them even the Children which should be born who should arise and declare them to their Children that they might set their hope in God and not forget the works of God but keep his Commandments This I thought had been a Song and a Work worthy of England whereunto you might have happily invited them had you had Hearts unto it You had this opportunity fairly delivered unto you And if a History shall be written of these times and of Transactions it will be said it will not be denied but that these things that I have spoken are true This Talent was put into your hands and I shall râ—cur to that which I said at the first I came with very great joy and contentment and comfort the first time I met you in this Place But we and these Nations are for the present under some disappointment If I had purpâ—sed to have plaid the Oratour which I did never affect nor do nor I hope shall I doubt not but upon â—asie suppositions which I am perswaded every one among you
will grant we did meet upon such hopes as these I met you a second time here and I confess at that meeting I had much abatement of my hopes though not a total frustration I confess that that which dampt my hopes so soon was somewhat that did look like a Paricide It is obvious enough unto you that the management of Affairs did savour of a not-owning too too much savour I say of a not-owning the Authority that called you hither but God left us not without an Expedient that gave a second possibility shall I say a Possibility it seemed to Me a Probability of recovering out of that Dissatisfied Condition we were all then in towards some mutuality of Satisfaction and therefore by that Recognition suiting with the Indenture that returned you hither to which afterwards also was added your own Declaration conformable to and in acceptance of that Expedient whereby you had though with a little Check another opportunity renewed unto you to have made this Nation as happy as it could have been if every thing had smoothly run on from that first hour of your meeting And indeed you will give me liberty of my thoughts and hopes I did think as I have formerly found in that way that I have been engaged as a Souldier That some affronts put upon us some disasters at the first have made way for very great and happy Successes And I did not at all despond but the Stop put upon you would in like manner have made way for a blessing from God that that Interruption being as I thought necessary to divert you from destructive and violent proceedings to give time for better Deliberations whereby leaving the Government as you found it you might have proceeded to have made those good and wholsome Laws which the People expected from you and might have answered the Grievances and settled those other things proper to you as a Parliament and for which you would have had thanks from all that intrusted you What hath hapned since that time I have not taken publick notice of as declining to intrench upon Parliament Priviledges For sure I am you will all bear me witness that from your entring into the House upon the Recognition to this very day you have had no manner of Interruption or Hindrance of mine in proceeding to that blessed issue the heart of a good man could propose to himself to this very day You see you have me very much lockt up as to what you transacted among your selves from that time to this but some thing I shall take liberty to speak of to you As I may not take notice what you have been doing so I think I have a very great liberty to tell you that I do not know what you have been doing 〈◊〉 do not know whether you have been alive or dead I have not once Heard from you in all this time I have not and that you all know If that be a fault that I have not surely it hath not been mine If I have had any Melancholy thoughts and have sate down by them why might it not have been very lawful to me to think that I was a Person judged Unconcerned in all these businesses I can assure you I have not reckoned my self nor did I reckon my self Unconcerned in you and so long as any Just patience could support my expectation I would have waited to the uttermost to have received from you the issues of your Consultations and Resolutions I have been careful of your Safety and the Safety of those that you represented to whom I reckon my self a Servant But what Messages have I disturbed you withall What Injury or Indignity hath been done or offered either to your Persons or to any Priviledges of Parliament since you sate I looked at my self as strictly obliged by my Oath since your Recognizing the Government in the Authority of which you were called hither and sate to give you all possible security and to keep you from any Unparliamentary interruption Think you I could not say more upon this subject if I listed to expaciate thereupon but because my Actions plead for me I shall say no more of this I say I have been caring for you your quiet sitting caring for your Priviliges as I said before that they might not be Interrupted have been seeking of God from the great God a bessing upon you and a blessing upon these Nations I have been consulting if possibly I might in any thing promote in my Place the real good of this Parliament of the hopefulness of which I have said so much unto you And I did think it to be my business rather to see the utmost issue and what God would produce by you than unseasonably to intermeddle with you But as I said before I have been caring for you and for the Peace and Quiet of the Nations indeed I have and that I shall a little presently manifest unto you And it leadeth me to let you know somewhat that I fear I fear will be through some interpretation â—a little too justly put upon you whilest you have been imployed as you have been and in all that time expressed in the Government in that Government I say in that Government brought forth nothing that you your selves can be taken notice of with out infringment of your Privileges I will tell you somewhat that if it be not news to you I wish you had taken very serious consideration of If it be news I wish I had acquainted you with it sooner And yet if any man will ask me why I did it not the Reason is given already because I did make it my business to give no Interruption There be some Trees that will not grow under the shadow of other Trees There be some that chuse a man may say so by way of allusion to thrive under the shadow of other Trees I will tell you what hath thriven I will not say what you have cherished under your shadow that were too hard Instead of the Peace and Settlement instead of Mercy and Truth being brought together Righteousness and Peace kissing each other by reconciling the honest People of these Nations and settling the woful Distempers that are amongst us which had been glorious things and worthy of Christians to have proposed Weeds and Nettles Briars and Thorns have thriven under your shadow dissettlement and division discontentment and dis-satisfaction together with real dangers to the whole has been more multiplied within these five Moneths of your sitting than in some Years before Foundations have been also laid for the future renewing the Troubles of these Nations by all the Enemies of it abroad and at home Let not these words seem too sharp for they are true as any Mathematical Demonstrations are or can be I say the Enemies of the Peace of these Nations abroad and at home the discontented humors throughout these Nations which I think no man will grudg to call by that name or to make to allude
Gods Accompt that if he had not stept in the Disease had been mortal and destructive and what is all this Truly I must needs say a company of men still like Bryars and Thorns and worse if worse can be of another sort than those before mentioned to you have been and yet are endeavouring to put us into Blood and into Confusion more desperate and dangerous Confusion than England ever yet saw And I must say as when Gideon commanded his Son to fall upon Zeba and Zalmunna and slay them they thought it more noble to die by the hand of a Man than of a Stripling which shews there is some contentment in the hand by which a man falls so is it some satisfaction if a Common-wealth must perish that it perish by Men and not by the hands of persons differing little from Beasts That if it must needs suffer it should rather suffer from rich men than from poor men who as Solomon says when they oppress they leave nothing behind them but are as sweeping Rain Now such as these also are grown up under your shadow But it will be asked what have they done I hope though they pretend Commonwealths Interest they have had no encouragement from you but that as before rather taken it than that you have administred any Cause unto them for so doing from Delays from hopes that this Parliament would not settle from Pamphlets mentioning strange Votes and Resolves of yours which I hope did abuse you Thus you see what ever the Grounds were these have been the Effects And thus I have laid these things before you and others will be easily able to judge how far you are concerned And what have these men done they have also laboured to pervert where they could and as they could the honest meaning people of the Nation they have laboured to engage some in the Army and I doubt that not onely they but some others also very well known to You have helped in this work of debauching and dividing the Army they have they have I would be loth to say who where and how much more loth to say they where any of your own Number but I can say Endeavours have been to put the Army into a Distemper and to Feed that which is the worst humour in the Army which though it was not a mastering humour yet these took their advantage from delay of the Settlement and the Practices before mentioned and stopping the pay of the Army to run Vs into free Quarter and to bring us into the inconveniences most to be feared and avoided What if I am able to make it appear in Fact That some amongst you have run into the City of London to perswade to Petitions and Addresses to you for reversing your own Votes that you have passed Whether these practices were in favor of your Liberties or tended to beget hopes of Peace and Settlement from you and whether debauching the Army in England as is before expressed and starving it and putting it upon free Quarter and occasioning and necessitating the greatest part thereof in Scotland to march into England leaving the remainder thereof to have their Throats Cut there and kindling by the rest a fire in our own Bosoms were for the advantage of Affairs here Let the World judge This I tell you also that the Correspondency held with the Interest of Cavalleers by that Party of men called Levellers and who call themselves Common-wealths-men whose Declarations were framed to that purpose and ready to be published at the time of their Commonrising whereof We are possessed and for which We have the Confession of themselves now in Custody who confess also they built their hopes upon the assurance they had of the Parliaments not agreeing a Settlement Whether these humours have not nourished themselves under your Boughs is the subject of my present discourse and I think I say not amiss if I affirm it to be so And I must say it again That that which hath been their Advantage thus to raise Disturbance hath been by the loss of those Golden opportunities that God hath put into your hands for Settlement Judge you whether these things were thus or no when you first sat down I am sure things were not thus there was a very great Peace sedateness throughout these Nations and great expectations of a settlement which I remembred to you at the beginning of my Speech and hoped that you would have entered upon your business as you found it There was a Government in the possession of the People I say a Government in the possession of the People for many Moneths it hath now been exercised neer fifteen Moneths and if it were needful that I should tell you how it came into their Possession and how willingly they received it How all Law and Justice were distributed from it in every respect as to life liberty and estate How it was owned by God as being the Dispensation of his Providence after twelve years War and sealed and Witnessed unto by the People I should but repeat what I said in my last Speech made unto you in this place and therefore 〈◊〉 forbear When you were entred upon this Government raveling into it you know I took no notice what you were doing if you had gone upon that foot of Account To have made such good and wholsom Provisions for the good of the People of these Nation for the Settling of such matters in things of Religion as would have upheld and given Countenance to a Godly Ministry and yet would have given a just Liberty to Godly men of different Judgments men of the same Faith with them that you call the Orthodox Ministery in England as it is well known the Independents are and many under the Form of Baptism who are sound in the Faith only may perhaps be different in Judgment in some lâ—sser matters yet as true Christians both looking at Salvation only by faith in the Blood of Christ men professing the fear of God having recourse to the Name of God as to a strong Tower I say you might have had Opportunity to have setled Peace and Quietness amongst all professing Godliness and might have been instrumental if not to have healed the breaches yet to have kept the Godly of all Judgments from running one upon another and by keeping them from being over-run by a Common Enemy rendred them and these Nations both secure happy and well satisfied Are these things done or any thing towards them Is there not yet upon the Spirits of men a strange itch nothing will satisfie them unless they can put their finger upon their Brethrens Consciences to pinch them there To do this was no part of the Contest we had with the Common Adversary for Religion was not the thing at the first contested for but God brought it to that issue at last and gave it into Vs by way of Redundancy and at last it proved to be that which was most dear to us and
wherein consisted this more than in obtaining that Liberty from the Tyranny of the Bishops to all Species of Protestants to worship God according to their own Light and Consciences for want of which many of our Brethren forsook their Natives Countries to seek their Bread from Srangers and to live in Howling Wildernesses and for which also many that remained here were imprisoned and otherwise abused and made the scorn of the Nation Those that were sound in the Faith how proper was it for them to labour for Liberty for a just Liberty that men should not be trampled upon for their Consciences had not they laboured but lately under the weight of persecutions and was it fit for them to sit heavy upon others is it ingenuous to ask liberty and not to give it what greater Hypocrisie than for those who were Oppressed by the Bishops to become the greatest Oppressors themselves so soon as their yoke was removed I could wish that they who call for Liberty now also had not too much of that Spirit if the power were in their hands As for Prophane Persons Blasphemers such as preach Sedition the Contentious Railers Evil Speakers who seek by evil words to corrupt good manners persons of loose Conversations punishment from the Civil Magistrate ought to meet with them because if these pretend Conscience yet walking disordily and not according but contrary to the Gospel and even to natural light they are judged of all and their Sins being open makes them subjects of the Magistrates Sword who ought not to bear it in vain The Discipline of the Army was such that a man would not be suffered to remain there of whom we could take notice he was guilty of such Practices as these and therefore how happy would England have been and You and I if the Lord had led you on to have settled upon such good accounts as these are and to have discountenanced such practices as the other and left men in disputable things free to their own Consciences which was well provided for by the Government Liberty left to provide against what was apparently evil Judge you whether the contesting for things that were provided for by this Government hath been Profitable expence of time for the good of these Nations by means whereof you may see you have wholly elapsed your time and done just nothing I will say this to you in behalf of the long Parliament that had such an Expedient as this Government been proposed to them and that they could have seen the Cause of God thus provided for and had by Debates been enlightned in the grounds by which the Difficulties might have been cleered and the reason of the whole inforced the circumstances of Time and Persons with the Temper and Disposition of the People and Affairs both Abroad and at Home when it was undertaken well weighed as well as they were thought to love their Seats I think in my conscience that they would have proceeded in another manner than you have done and not have exposed things to those Difficulties and Hazards they now are at nor given occasion to leave the People so dissetled as now they are who I dare say in the soberest and most judicious part of them did expect not a Questioning but a doing things in persuance of the Government and if I be not mis informed very many of you came up with this Satisfaction having had time enough to weigh and consider the same And when I say such an Expedient as this Government is wherein I dare assert there is a just Liberty to the People of God and the Just Rights of the People in these Nations provided for I can put the issue thereof upon the Cleerest Reason whatsoever any go about to suggest to the Contrary But this not being the time and place of such an Averment for satisfaction sake herein enough is said in a Book entituled A True State of the Case of the Common-wealth c. published in Jan. 1653. And for my self I desire not to keep it an hour longer than I may preserve England in its Just Rights and may Protect the People of God in such a just Liberty of their Consciences as I have already mentioned And therefore if this Parliament have judged things to be otherwise than as I have stated them it had been huge Friendliness between persons that had such a Reciprocation and in so great Concernments to the publick for them to have convinced me in what particulars therein my errour lav of which I never yet had a word from you But if instead thereof your time has been spent in Setting up somewhat else upon another bottom than this stands that looks as if a laying grounds of a Quarrel had rather been designed than to give the People Settlement if it be thus it s well your Labours have not arrived to any maturity at all This Government called you hither the Constitution whereof being so limited A single Person and a Parliament and this was thought most agreeable to the General sense of the Nation having had experience enough by trial of other Conclusions judging this most likely avoid the extremes of Monarchy on the one hand and Democraty on the other and yet not to found Dominium in gratia And if so then certainly to make it more than a Noâ—ion it was requisite that it should be as it is in the Government which puts it upon a true and equal Ballance It has been already submitted to the Judicious honest People of this Nation whether the Ballance be not equal and what their Judgment is is Visible by Submission to it by acting upon it by restraining their Trustees from medling with it and it neither asks nor needs any better ratisication But when Trustees in Parliament shall by Experience find any evil in any parts of the Government referred by the Government it self to the Consideration of the Protector and Parliament of which time it self will be the best Discoverer how can it be reasonably imagined that a Person or Persons coming in by Election and standing under such Obligations and so limited and so necessitated by Oath to Govern for the Peoples good and to make their love under God the best under-propping and his best interest to him how can it I say be imagined that the present or succeding Protectors will refuse to agree to alter any such thing in the Government that may be found to be for the good of the People or to recede from any thing which he might be convinced casts the ballance too much to the single Person And although for the present the keeping up and having in His Power the Militia seems the most hard yet if it should be yielded up at such a time as this when there is as much need to keep this Cause by it which is most evident at this time impugned by at all the Enemies of it as there was to get it what would become of all or if it should not
in Me that this Cause and this Business is of God I would many years ago have run from it If it be of God he will bear it up If it be of Man it will tumble as every thing that hath been of man since the World began hath done And what are all our Histories and other Traditions of actions in former times but God manifesting himself that he hath shaken and tumbled down and trâ—mpled upon every thing that he hath not planted and as this is so the all-wise God deal with it If this be of human Structure and invention and it be an old Plotting and Contrivance to bring things to this Issue and that they are not the births of Providence then they will tumble But if the Lord take pleasure in England and if he will do Us good he is able to bear us up Let the difficulties be whatsoever they will we shall in his Strength be able to encounter with them And I blefs God I have been inured to Difficulties and I never found God failing when I trusted in him I can laugh and sing in my heart when I speak of these things to you or elsewhere And though some may think it is an hard thing without Parliamentary Authority to raise mony upon this Notion yet I have another Argument to the good people of this Nation if they would be safe and have no better Principle whether they prefer the having of their Will though it be their Destruction rather than comply with things of necessity that will excuse me but I should wrong my native Country to suppose this For I look at the People of these Nations as the blessing of the Lord and they are a People blessed by God They have been so and they will be so by reason of that immortal seed which hath been and is among them those regenerated ones in the Land of several Judgments who are all the Flock of Christ and Lambs of Christ though perhaps under many unruly passions and troubles of Spirit whereby they give disquiet to themselves and others yet they are not so to God as to Us he is a God of other patience and he will own the least of truth in the hearts of his People and the people being the blessing of God they will not be so angry but they will prefer their safety to their passions and their real security to forms when necessity calls for supplies had they not well been acquainted with this Principle they had never seen this day of Gospel-Liberty But if any man shall object It is an easie thing to talk of necessities when men create necessities would not the Lord Protector make Himself great and his Family great doth not He make these necessities and then he will come upon the People with this Argument of necessity This were somthing hard indeed but I have not yet known what it is to make necessities whatsoever the Judgments or thoughts of men are And I say this not only to this Assembly but to the World that that man liveth not that can come to me and charge me that I have in these great Revolutions made necessities I challenge even all that fear God And as God hath said My glory I will not give unto another Let men take heed and be twice advised how they call his Revolutions the things of God and his working of things from one Period to another how I say they call them necessities of mens creation for by so doing they do vilifie and lessen the works of God and rob him of his Glory which he hath said he will not give unto another nor suffer to be taken from him We know what God did to Herod when he was applauded and did not acknowledg God And God knoweth what he will do with men when they shall call His Revolutions human Designs and so detract from his Glory when they have not been fore-cast but sudden Providences in things whereby Carnal and Worldly men are inraged and under and at which many I fear some good have murmured and repined because disappointed of their mistaken Fancies but still they have been the wise disposings of the Almighty though Instruments have had their passions and frailties and I think it is an Honour to God to acknowledg the necessities to have been of Gods imposing when truly they have been so as indeed they have when we take our sin in our actings to our selves and much more safe than judg things so contingent as if there were not a God that ruled the Earth We know the Lord hath poured this Nation from Vessel to Vessel till he poured it into your Lap when you came first together I am confident that it came so into your hands was not judged by you to be from Counterfeited or feigned necessity but by Divine Providence and Dispensation And this I speak with more earnestness because I speak for God and not for men I would have any man to come and tell of the transactions that have been and of those periods of time wherein God hath made these Revolutions and find where they can fix a feigned necessity I could recite particulars if either My strength would serve Me to speak or yours to hear if that you would revolve the great hand of God in his great Dispensations you would find that there is scare a man that fell off at any period of time when God had any work to do that can give God or his work at this day a good word It was say some the cunning of the Lord Protector I take it to my self it was the craft of such a man and his plot that hath brought it about And as they say in other Countries There are five or six cunning men in England that have skill they do all these things Oh what Blasphemy is this because men that are without God in the world and walk not with him and know not what it is to pray or believe and to receive returns from God and to be spoken unto by the Spirit of God who speaks without a written Word somtimes yet according to it God hath spoken heretofore in divers manners let him speak as he pleaseth Hath he not given us liberty nay is it not our duty to go to the Law and to the Testimonies and there we shall find that there have been impressions in extraordinary cases as well without the written Word as with it and therefore there is no difference in the thing thus asserted from truths generally received except we will exclude the Spirit without whose concurrence all other Teachings are ineffectual He doth speak to the Hearts and Consciences of men and leadeth them to his Law and Testimonies and there he speaks to them and so gives them double teachings according to that of Job God speaketh once yea twice and that of David God hath spoken once yea twice have I heard this Those men that live upon their Mumpsimus and Sumpsimus their Masses and Service-Books their dead
and carnal Worship no marvel if they be strangers to God and the works of God and to spiritual dispensations And because they say and belive thus must we do so too we in this Land have been otherwise instructed even by the Word and Works and Spirit of God To say that men bring forth these things when God doth them judg you if God will bear this I wish that every sober heart though he hath had temptations upon him of deserting this Cause of God yet may take heed how he provokes and falls into the hands of the living God by such Blasphemies as these according to the tenth of the Hebrews If we sin wilfully after that we have received the knowledg of the truth there remains no more sacrifice for sin It was spoken to the Jews that having professed Christ apostatized from him what then nothing but a fearful falling into the hands of the Living God They that shall attribute to this or that person the contrivances and production of those mighty things God hath wrought in the midst of us and that they have not been the revolutions of Christ himself upon whose Shoulders the Government is layed they speak against God and they fall under his hand without a Mediator that is if we deny the Spirit of Jesus Christ the glory of all his works in the world by which he Rules Kingdoms and doth adminster and is the Rod of his strength we provoke the Mediator And he may say I 'le leave you to God I 'le not interceed for you let him tear you to pieces I 'le leave thee to fall into Gods hands thou deniest me my Soveraingty and Power committed to me I 'le not interceed nor mediate for thee thou fallest into the hands of the living God Therefore whatsoever you may judg men for and say This man is cunning and politick and subtile take heed again I say how you judg of his revolutions as the products of mens inventions I may be thought to press too much upon this Theme but I pray God it may stick upon your hearts and mine the worldly minded man knows nothing of this but is a stranger to it and because of this his Atheism and murmurings at Instruments yea repining at God himself and no wonder considering the Lord hath done such things amongst us as have not been known in the world these thousand Years and yet notwithstanding is not owned by us There is another necessity which you have put upon us and we have not fought I Appeal to God Angels and Men if I shall raise Money according to the Article in the Government which had power to call you hither and did and instead of seasonable providing for the Army you have laboured to overthrow the Government and the Army is now upon Free Quarter and you would never so much as let me hear a tittle from you concerning it where is the fault has it not been as if you had had a purpose to put this extremity upon us and the Nation I hope this was not in your minds I am not willing to judge so but this is the state unto which we are reduced By the Designs of some in the Army who are now in Custody it was Designed to get as many of them as could through discontent for want of money the Army being in a Barren Countrey near Thirty weeks behind in pay and upon other specious pretences to march for England out of Scotland and in discontent to seize their General there a faithful and honest man that so another might head the Army and all this opportunity taken from your delays whether will this be a thing of feigned necessity What could it signifie but that the Army are in discontent already and wee 'l make them live upon Stones wee 'l make them cast off their Governours and Discipline What can be said to this I list not to unsaddle my self and put the fault upon others backs Whether it hath been for the good of England whilest men have been talking of this thing or the other and pretending liberty and a many good words whether it hath been as it should have been I am confident you cannot think it has the Nation will not think so And if the worst should be made of things I know not what the Cornish-men or the Lincolnshire-men may think or other Counties but I belive they will all think they are not safe A temporary suspension of caring for the greatest Liberties and Priviledges if it were so which is denied would not have been of that Damage that the not providing against Free Quarter hath run the Nation upon And if it be my Liberty to walk abroad in the Fields or to take a Journey yet it is not my Wisdom to do so when my House is on Fire I have troubled you with a long Speech and I believe it may not have the same resentment with all that it hath with some but because that is unknow to me I shall leave it to God and Conclude with that that I think my self bound in my Duty to God and the People of these Nations to their safety and good in every respect I think it my Duty to tell you That it is not for the profit of these Nations nor for Common and Publick good for You to continue here any longer and therefore I do Declare unto you THAT I DO DISSOLVE THIS PARLIAMENT February 1654. Feb. The Protector who was usually positive in his own Judgment and Resolutions having Dissolved the Parliament because he found them not so pliable to his purposes as he expected this caused much discontent in the Parliament and others but he valued it not esteeming himself above those things And now he Sate close with his Council to frame some Ordinances whereby he might sweeten the generality of the People particularly by taking off some Burdens and inconveniencies as they held them in the proceedings of Law and in other matters He was also busie with his Council in the Examination of a Plot discovered wherein several of the Kings Party and some of the Levelling Party were Engaged against him and his Government whereof having formerly had some inkeling he affirmed that to have been a chief Motive to him for Dissolving the late Parliament Divers of the Kings Party who were in the Conspiracy were Apprehended and Committed to Prison and enough was proved against them 13 The Lord Mayor Aldermen Recorder and Sixty of the Common-Council of London by the Protectors Order came to him to White-hall where he acquainted them with the danger of the Conspiracy the Conspirators and what they had Discovered wished them to be careful to preserve the Peace of the City gave them a Commission for a Committee of Militia in London and to raise forces to be under the Command of their old faithful Major General Skippon The Conspiracy was generally laid to bring in the King and the Design so far took Effect that in several Counties small
good deliberation and advice and his Highness was persuaded that it would much conduce to Publick good to have it duely executed which this Order did require which he delivered to Whitelocke and said his Highness did not doubt of their ready compliance therein Whitelocke spake as antient and told the Committee That they had not the honour to be advised with upon the making of this Ordinance and that they were under an Oath and as far as they could they should readily comply with the pleasure of his Highness and the Councel and desired some time to peruse and consider the Ordinance Some debate in general there was about it and the Master of Rolls spake most resolutely against it The Committee would not enter into a Debate about it but gravely admonished the Lords Commissioners to be careful not to oppose his Highness intentions for the common good and so they dismissed them After this the Commissioners of the Seal and the Master of the Rolls had several meetings and consultations about the execution of this new Ordinance The Commissioner L'Isle was wholly for the execution of it Sir Thomas Widdrington the Master of the Rolls and Whitelocke were not satisfied for the execution of it and declared their reasons against it and observations of inconveniencies in it which are as followeth The Commissioners and Master of the Rolles are by this Act of Regulation made instrumental to deprive several persons of their Freehold without Offence or Legal Tryal which reflecting upon the Great Charter and so many Acts of Parliament they humbly desire they may have the opinion of all the Judges of England in point of Law therein The fourth Rule of the Ordinance is that the first process in Chancery be a Subpaena which shall be open and that as many Defendants as the Plaintiff doth desire be inserted into the same paying no more but one shilling six pence for every Subpaena thus to be distributed six pence for the Seal and twelve pence to the Office Vpon serving the Subpaena open the abuse now too frequently used will be much increased by Forgery of Names Persâ—ns and Dates 5 That no Subpaena be sued out until a Bill be Filed and a Certificate thereof be brought unto the Subpaena Office under the Hand of the Chief Clerk or his Deputy for which Certificate the chief Clerk shall receive no fee. The Exhibiting a Bâ—ll before a Subpaena will draw an unnecessary expence and trouble in many Suits which would end upon the bare service of the Subpaena as is found by dayly experience and is mischievious to the people in many particulars ready to be expressed and only profitable to Lawyers and Attornies 6. That in default of appearance upon Oath made of due service or in default of answer within due time security being put in as is provided an Attachment with Proclamation shall Issue to the Sheriff who shall cause the same to be Proclaimed at the door of the Defendants dwelling House Lodging or last abode between Ten and Two by the Sheriffs Bayliffs or special Bayliffs and the Bayliffs shall have power for the apprehension of the party if need shall be to break open any House or Door where the party is in the day time provided that if the Warrant be to special Bayliffs they shall not break up any House or Door but in presence of a Constable who upon the shewing of such Warrant is required to be assisting unto the Bayliffs and if the Defendant cannot be apprehended nor shall appear by the return of the Writ the Plaintiff may return the Attachment as often as there shall be cause which Attachment shall be in Lieu of a Commission of Rebellion and Serjeant at Arms. This seems to advance the Jurisdiction of the Chancery upon a mean Process beyond an exemption at Law to break open not only the parties but any other persons House without notice or request made to be admitted which may be used to the Robbing of Houses and taking away Evidences and other great abuses it being far different from the awarding the Sergeant at Arms who is a known and Responsible Officer and Acts only by special Order in open Court upon satisfaction of the heighth of the contempt and his Warrant is under the Hands and Seals of the Commissioners and he is also answerable to them for his miscarryage if any be and the other Process is issued by Clerks of course which reflects upon the Liberty and safety of the people of this Nation wherein every Ordinary Clerk hath power to do more then all the Judges of England and how safe it is for Judges to award such process is left to consideration 7. The Defendant shall not be compelled to answer until the Plaintiff with one Surety at least hath acknowledged a Recognizance before a Master of the Chancery in Ordinary or Extraordinary the sum not to be under twenty Marks conditioned to pay such Costs to the Defendant in that Suit as the Court of Chancery shall award if they see cause to award any for which Recognizance he shall be paid twelve pence only and no more and such Master of the Chancery shall for as much Certifie every such Recognizance into the Office of the Petty-bag in Chancery to be there Filed and the Officer there shall give a Certificate thereof to the Plaintiff or his Attorney upon request and for the Filing such Recognizances making Certificate and keeping an Alphabet thereof he shall receive twelve pence and no more but where the Plaintiff shall be admitted in Forma Pauperis there no Security is to be required By this the Defendant is not bound to answer without the Plaintiff gives Security by Recognizance which will be an incumbrance upon his Land so long as that Suit endures which will hinder Commerce and disable Infants and persons Non Compos Mentis to Sue and is of great delay and five times the former expence before the Suit can have an answer and the discharging and Suing Recognizances will increase motions Suits and Expences and if the Suits never proceed it will be difficult to have it dicharged and cannot be but by Orders albeit the parties consent and the Rule it self is uncertain not expressing to whom the Recognizance shall be given and doth no more than what may be done upon an Order for Costs without so much expence which is only of advantage to Lawyers Officers and Clerks 8. That where a Defendant might answer by Commission in the Country he shall not now be forced to take a Commission but may answer upon Oath before a Master of the Chancery in the Country in like manner and by such time as if a Commission had issued and that the Lords Commissioners for the Great Seal do take care for that purpose there be in every County a convenient number of such of the Justices of the Peace resident in that County as they shall judg to be of the greatest Ability and Integrity appointed to
what he had privately said to my Lord Protector The Lord Fiennes said That we were tied up to Insist as we did upon the Treaty and If his Excellency had proposed any thing to his Highness by way of Expedient that he might be pleased to speak with him again about it and he hoped that a good Issue would come of it There was also Debate at this time concerning Passes The Ambassadour saying That he observed nothing to be mentioned of them in that which was read The Lord Fiennes said That the Council had had it in debate and did find much difficulty to agree upon a Form of Passes But that the same would be lyable to be counterfeited and much prejudice thereby to England especially in this time of our War with Spain That they had thought of another way which they desired might be propounded to his Excellency that the Commissioners which were to be appointed for restitution of Damages might also be Impowred that when any Ship were brought in to Examine whether she had any prohibited Goods or not and if any Injury or Damage were done to the Party so brought in that those Commissioners should have power forthwith to award Restitution and Satisfaction out of his Estate that did the wrong and If he had not Estate sufficient then the Commonwealth to make Satisfaction and not to have proceedings in the Admiralty Court but only in matters of Law or of great difficulty and this was apprehended to be the best way for avoiding deceits in counterfeiting Passes and colouring of prohibited Goods and the readiest means to obtain Satisfaction where any Injury should be done The Ambassadour said That the Lord Whitelock knew it was much Insisted upon at Upsale that there should be Passes and the Form should have been agreed upon within 4. Months That it was Impossible to avoid former Wrongs and such usage as had been heretofore without Passes and that altho some might counterfeit hands yet they could not counterfeit Seals and If any were taken that did counterfeit let them be hanged and for Commissioners they could not tell how to judge but by the Passes and they must have Rules to go by The Lord Fiennes said That there were many that could counterfeit Seals as well as Hands and that the Seal of the Council it self here had been counterfeited that he believed after some few Examples made for bringing in Ships without cause and sound damages given that very few would be troubled nor any adventure but upon Just ground to hinder any Ship in her Voyage and that some Commissioners might Reside at Dover and another Sett of them at Plimouth and so in convenient Ports in the King of Sweden's Dominions That no Ship should be brought far out of her Way and have a speedy dispatch and three Commissioners being English and three other Swedes there could be no doubt but that Justice would be done to each Party Whitelock acknowledged That the Passes were much Insisted upon at Upsale and that he was very glad he had not there agreed upon a form seeing the Council here did find it so difficult a matter That he was there acquainted with many Complaints against the proceedings in the Court of Admiralty here and that he thought no way better to prevent the like Complaints hereafter than by having such Commissioners of both parts as was mentioned by the Lord Fiennes Strickland said That if we agreed to Passes for the Swedes Ships that the Dutch would Expect the like and that would bring great Inconveniences to this Nation Mnr. Coyett said That It would be Impossible to preserve Terms of Amity and to prevent doing of Injuries unless Passes were agreed upon and that it was so with other Nations and he did not comprehend the Inconveniences of it The Ambassadour said That the Case was not the same to the Dutch as to the Swede because these were the Native Commodities of the King his Masters Territories as Cloth was of England and that the Dutch had little store of any Commodities of their own Countrey That there had been too much cause of Complaint against the proceedings in the Admiralty Court of England and he thought that such Commissioners might be some means to prevent the like cause of Complaints for the future That he desired a Copy of those Articles now debated and If they pleased that he might have it in Latin which he would consider of and return a more particular Answer at the next meeting This was promised to be sent unto him within a day or two and after some discourses upon other parts of the Articles as concerning Levies of Souldiers and Hiring of Ships of War and of their Resort into each others Ports and some other Particulars wherein there was not much debate nor disagreement but only upon the great Questions which is before at large related The Commissioners came away To his Highness the Lord Protector of England Scotland and Ireland The Humble Petition of Jacob Momma of London Merchant THat your Petitioner not above 9. Months last past hath used the Trade by himself and his Agents of making Lattin Wyer and Black Lattin of all sorts out of Coppar a Trade of much advantage to this Commonwealth whereby many Hundreds of poor People may be set on work and the Brass which is tinned out of the Coppar by melting is increased above a third part in weight exceeding the Coppar out of which it is made The Improvement whereof is very useful in this Nation for casting of Ordnance But so it is may it please your Highness That your Petitioner beginning his said Trade The King of Sweden out of whose Dominions the Coppar is brought for Encouragment of the Makers of Brass Lattin Wyer and all sorts of Black Lattin and for Keeping the Management of that Trade within his own Country hath lately raised his Customs there upon Coppar from thence Exported from 7 s. to about 27 s. sterling per hundred weight whereas not above 3 s. sterling per hundred weight is paid there for Lattin Wyer and all sorts of Black Lattin thence Exported which will not only be the destruction of your Petitioner's said Trade but also the ruine of several Families which have dependance on your Petitioner in the managing thereof If some speedy Remedy be not taken therein Now for that your Petitioner ' s said Trade is chiefly carried on by the use of a Native Commodity called Callamy without which Coppar cannot be turned into Brass which is altogether otherwise useless And that the said Callamy may prove a Staple Commodity in this Common-Wealth which will never be wanting therein His humble Suit therefore is That Your Highness would please to be a Means that the Custome upon all sorts of Black Lattin and Lattin Wyer Imported from any Parts into this Common-wealth may be rays'd as in your Highness's Wisdom shall be thought most fit and proportionable to the late raised rates in Sweden upon Coppar Exported thence
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
place of Parliaments sitting yet having Hearts sensible of that highest Trust reposed in us and being filled with cares for the Church and Common-wealth which with grief of Heart we behold bleeding We do hold our Selves bound in duty to God and our Countrey to declare unto the People of England their and our woful Condition and the most evident Danger of the utter Subversion of Religion Liberty Right and Property We believe the Rumour is now gone through the Nation that armed Men imployed by the Lord Protector have prevented the free Meeting and Sitting of the intended Parliament and have forcibly shut out of Doors such Members as he and his Councel supposed would not be frighted or flattered to betray their Countrey and give up their Religion Lives and Estates to be at his will to serve his lawless Ambition But we fear that the Slavery Rapines Oppressions Cruelties Murders and Confusions that are Comprehended in this one Horrid Fact are not so sensibly discerned or so much layed to Heart as the Case requires And we doubt not but as the Common practice of the Man hath been the name of God and Religion and formal Fasts and Prayers will be made use of to Colour over the blackness of the Fact We do therefore in faithfulness unto God and our Countrey hereby Remonstrate First That whereas by the Fundamental Laws of this Nation the people ought not to be bound by any Laws but such as are freely Consented unto by their Chosen Deputies in Parliament and it is a most wicked Vsurpation even against the very Laws of Nature for any Man to impose his will or Discretion upon another as a Rule unless there be some Pact or Agreement between the Parties for that Intent And whereas by the Mercy of God only in preserving this Fundamental Law and Liberty the good People of England have beyond Memory of any Record preserved their Estates Families and Lives which had otherwise been destroyed at the will of every wicked Tyrant and by keeping this only as their undoubted Right they have been kept from being bruitish Slaves to the Lusts of their Kings who would otherwise have despoiled them of their Persons Lives and Estates by their Proclamations and the Orders of themselves and their Courtiers as they pleased and by Virtue of this their undoubted Right the People have commonly disputed resisted and made void the Proclamations of their Kings and the Orders of their Councel Table where they have crossed the Laws unto which they have consented in their Parliaments Now the Lord Protector hath by force of Arms invaded this Fundamental Right and Liberty and violently prevented the meeting of the People chosen Deputies in Parliament And he and his Councel boldly declare That none of the Peoples Deputies shall meet in Parliament unless they agree to the measure of their Fantasies Humors or Lusts They now render the People such Fools or Beasts as know not who are fit to be trusted by them with their Lives Estates and Families But he and his Councel that daily devour their Estates and Liberties will judge who are fit to Counsel and Advise about Laws to preserve their Estates and Liberties Thus doth he now openly assume a power to pack an Assembly of his Confidents Parasites and Confederates and to call them a Parliament that he may thence pretend that the People have consented to become his Slaves and to have their Persons and Estates at his discretion And if the People shall tamely submit to such a Power who can doubt but he may pack such a number as will obey all his commands and consent to his taking of what part of our Estates he pleaseth and to impose what Yoaks he thinks fit to make us draw in Secondly And whereas the Parliament of England consisting of the Peoples chosen deputies always have been and ought to be the Ordainers and creators of Dignities Offices and Authoritys in this Nation And have always of right exercised the power of disposing even the Kingly Office and authority of Inlarging and Restraining the Kingly power and of Questioning Making void or Confirming all Commmissions Proclamations Charters and Patents of any of our former Kings And have Questioned Censured and Judged even the Persons of our Kings for abusing their Trusts and invading the Peoples Laws Rights and Libertys And by this means the highest Officers and the Kings themselves have acknowledged their power to be only trusted to them for the Peoples welfare And they have always dreaded the Peoples Parliaments who could call them to an Account for any Injustice or Violence done upon the Person or Estate of any Man And hereby the People were secured under the Laws from the Rapine and Oppression of the highest Grandees and Courtiers Even the Kings themselves fearing the Peoples Complaints in their Parliaments and well knowing the Peoples custom to choose for their Deputies the most known Champions for their Liberties against the Arbitrary powers and Injustice of the Kings and their Courtiers And none of the most wicked Kings in their highest hope to Erect a Tyranny ever daring since Members were sent to Parliaments by Elections to throw aside by force as many of the chosen Members as they thought would not serve their Ends They knowing it to be the undoubted Right of the people to trust whom they think fit and as much the Right of every man duely chosen and trusted to meet and vote in Parliament without asking their leave or begging their Tickets And although here hath been frequently secret designs for many years to subvert Religion Liberty and Property in this Nation and to that end the designs of Tyranny have attempted to destroy sometimes the being and sometimes the Power Priviledges and Freedom of Parliaments yet the mercy of God hath almost Miraculously preserved the being Priviledges and Authority of Parliaments and therein Religion Liberty and Property untill the time of the Lord Protector But now he hath assumed an absolute Arbitrary Soveraignty as if he came down from the Throne of God to create in himself and his Confederates such Powers and Authorities as must not be under the Cognizance of the Peoples Parliaments His Proclamations he declares shall be binding Laws to Parliaments themselves he takes upon him to be above the whole body of the People of England and to Judge and Censure the whole Body and every Member of it by no other Rule or Law than his pleasure as if he were their absolute Lord and had bought all the People of England for his Slaves Doubtless if he would pretend only to have Conquered England at his own expence and were there as much truth as there is falsehood in that pretence yet he could not but know that the Right of the Peoples Deputies in Parliament to their antient Powers and Priviledges would remain good against him as against their publick Capital Enemy whom every Man ought to destroy untill by some Agreement with the Body of the People in Parliament
some sort of Governing power in him were submitted unto that hereby he might cease to be a publick Enemy and Destroyer and become a King or Governour according to the Conditions accepted by the People and if he would so pretend he could not be so discharged from his publick Enmity by any Conditions or Agreement made with a part of the Peoples chosen Deputies whilest he shut out the other part for no part of the Representative body are trusted to Consent to any thing in the Nations behalf if the whole have not their free Liberty of Debating and Voting in the Matters propounded If he would pretend no higher than to be our Conqueror who for Peace and his own safety sake was content to cease from being a publick Enemy and to be admitted a Governour he could not compass those ends by forcibly exluding as now he hath done whom he pleased of the Representative body of the People who were to submit to him in the Peoples behalf therefore either takes upon him to be such a Conquerour as scorns the Peoples acceptance of him by their Representative as their Governonr and fears not to remain a publick Enemy or else he takes himself to be such an unheard of Soveraign that against him the People have no Claim of Right or Property in themselves or any thing else for he hath now declared that the Peoples choice cannot give any man a Right to Sit in Parliament but the Right must be derived from his gracious will and pleasure with that of his Councellors And his Clerks Ticket only must be their Evidence for it Thus hath he exalted himself to a Throne like unto Gods as if he were of himself and his power from himself and we were all made for him to be commanded and disposed of by him to work for him and serve his pleasure and ambition Seeing therefore this total Subversion of all Law and Right and the Distractions Miseries Blood and Confusions that will be the most certain Consequences of it And withal remembring the late Effusion of Blood upon no other Account than to secure Religion Liberty and Property and the freedom Power and Priviledges of Parliaments as the Bulwarks thereof and that by those very hands who now overturn the very Foundations of all Liberty Right and Property and of the beings of Parliaments and our very Souls trembling at the loud Cries of that Sea of Blood and at the horrid Clamours of the many falsified Oaths and Promises made upon the same Account For the acquitting of our own Souls in the Faithful discharge of our Duties to our Countrey in such manner as we are capable under the High oppression We do hereby most Solemnly Remonstate and Protest unto all the good People of England First That the violent exclusion by any Governour or pretended Governour of any of the Peoples chosen Deputies from doing their Duties and executing their Trust freely in Parliaments doth change the State of the People from freedom unto a meer Slavery And that whosoever hath advised assisted or adhered unto the Lord Protector in so doing is a Capital Enemy to the Common-wealth And our Ancestors have so declared and adjudged the Advisers of some of our Kings to attempts not so destructive or dangerous as this of his In the 11th year of Richard the Second Chief Justice Tresilian and Justice Blake were Condemned of High Treason by the Parliament and executed at Tyburn chiefly for advising the King that he might when he pleased dissolve the Parliament and command the Members to depart under the penalty of Treason And we believe every Man can discern how much it is more mischievous for a King or any other to command 100 200 or 300 of the Members to depart and to call the rest a Parliament to give Countenance to his Oppression If our Kings might have Commanded away from the Parliaments all such Persons of Conscience Wisdom and Honour as could not be corrupted frighted nor couzened by them to betray their Countrey our Ancestors could not have left us either Liberties or Estates to defend Secondly We do further likewise protest That all such chosen Members for a Parliament as shall take upon them to approve of the forcible exclusion of other chosen Members or shall Sit Vote and Act by the name of the Parliament of England while to their knowledge many of the chosen Members are so by Force shut out We say such ought to be reputed Betrayers of the Liberties of England and Adherents to the Capital Enemies of the Common-wealth Thirdly We do hereby further protest That the present Assembly at Westminister is not the Representative Body of England and also that they sit under the daily awe and terror of the Lord Protectors armed Men not daring to Consult or debate freely the great Concernments of their Countrey nor daring to oppose his Vsurpation and Oppression And that therefore until there can be a free Parliament we do protest against all such Votes Orders Ordinances or Laws as shall be pretended to be made or Enacted by the present Assembly at Westminster as being Null and Void in themselves and of no legal Effect or power Neither can any of them according to the Laws of God or the Fundamental Constitutions of our Countrey be imposed upon any Man neither can Tax or Tallage be justly or lawfully raised by them And to avoid all further vain pretences of a necessity at present to act in extraordinary ways for present Safety we do further declare That a free Parliament is the only Judge of such dangers and necessities of this Common-wealth as may warrant any extraordinary acting besides or against the Laws and if the Kingly power that was in England were lawfully settled in the Lord Protector yet he had no colour of Right to Judge of the Cases of necessity that should make it lawful for him to transgress the known Laws But by the known Judgment of Parliaments those that should so advise him were guilty of High-Treason We do therfore Appeal unto God and all the good People of England for Assistance and Protection in their service hereby declaring our readiness and earnest desires to attend upon our Countreys service Expose our Lives and Estates to the uttermost hazards therein to prevent the ruin and Confusion that now threatens it if it shall please God to Enable them to redeem themselves from the present oppession That their chosen Deputies may meet and Consult how to advance the Glory of God promote the true Religion and provide for the Safety Liberty Peace and Happiness of the Common-wealth And in the Interim we shall endeavour to pour out oursad Complaints before the Lord against our powerfull Oppressors humbly hoping that he will come forth speedily to redeem his people out of the hands of wicked and deceitful men Arthur Haslerig Thomas Scot Herbert Morley John Bulkley John Birch George Fenwick Anthony Earby Thomas Lyster Thomas Birch Thomas Saunders Henry Darly John Weaver
English which he did and the Protector said he would consider of the business Upon advice with his Council about it some of them to shew their Extraordinary care of his person suggested that this Messenger being an Italian who were skilful in the art of poysoning and ready to be hired for such a purpose might bring poyson with his Letters to the danger of his Highness and therefore diswaded him from receiving of this Messenger or permitting him to come into his Highness presence The Protector smiling acquainted Whitelock with this cautious Counsel who convinced the Protector of the folly of it and the high disstast that would be taken by the Queen in case her Secretary should be denyed audience The Protector replyed that the Messenger desired to deliver his Errand in private to the Protector and none to be by but one more whom the Protector should appoint and that person his Highness said he intended should be Whitelock who said that if he were by when the Gentleman delivered his letter he would first receive it of the Gentle-man hazard the danger of being poysoned by it at which the Protector laughed and appointed a day for the Gentlemans audience At that time Whitelock only was present with the Protector and the Gentleman offering to deliver the letter to his Highness Whitelock took it first from the Gentleman and then he delivered his secret Message to his Highness which Whitelock interpreted from the French and it was a particular account of the causes why she ordered her Servant the Italian Marquis to be put to deathin France and he also propounded to his Highness several matters in order to alliances with foreign Princes which were of great consequence and probable advantage to England and the Protector seemed well pleased with it Whitelock procured a civil treatment of the Gentleman whilest he was here and a respectfull answer to his business and dismission of him her Majesty had satisfaction in it as well as her Secretary 5. Whitelock having as Chairman dispatched the great point of the humble petition and advice touching the title of King which was now laid aside he absented himself as much as he could from the Committee that some other might be employed in the other points relating to the Petition and the Master of the Rolls Lenthal reported from the Committee that his Highness had appointed them to attend him this afternoon which the House ordered 6. The Committee attended his Highness who desired that the house would give a meeting to morrow 7. The Master of the Rolls reported this to the House and that since that appointment his Highness had sent for some of the Committe and desired that the Committee would meet him this afternoon and that the meeting of the House with him this day might be put off which the house ordered 8. Whitelock reported their attendance upon his Highness and that he desired the House would meet him this morning and they presently adjourned to the Painted Chamber 11. The Bill for the Adventurers in Ireland read 15. The House debated the Protectors answer to the Petition and Advice 19. The House resumed the debate upon the Protectors answer to the Petition and Advice and voted his Title to be Lord Protector and referred it back to the Committee to consider it 22. The Committee reported to the House the Bounds and Limits of the Title of Lord Protector and the House agreed to it 25. A Committee named to attend the Protector to know what time the House should wait on him about the Petition and Advice and this afternoon being appointed by his Highness the House waited on him and presented it to him and desired his consent thereunto The Petition and Advice was in these words To his Highness the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging The humble Petition and Advice of the Knights Citizens and Burgesses now Assembled in the Parliament of this Common-wealth WE the Knights Citizens and Burgesses in this present Parliament Assembled taking into our most serious Consideration the present State of these Three Nations Joyned and Vnited under Your Highness Protection cannot but in the first place with all Thankfulness acknowledge the wonderful Mercy of Almighty God in delivering us from that Tyranny and Bondage both In our Spiritual and Civil Concernments which the late King and his Party designed to bring us under and pursued the effecting thereof by a long and Bloody War And also that it hath pleased the same gracious God to preserve Your Person in many Battels to make You an Instrument for Preserving our Peace although environed with Enemies abroad and filled with turbulent restless and unquiet Spirits in our own bowels that as in the treading down the Common Enemy and restoring us to Peace and Tranquillity the Lord hath used You so eminently and the worthy Officers and Soldiers of the Army whose Faithfulness to the Common Cause We and all good men shall ever acknowledge and put a just value upon So also that he will use you and them in the Settlement and Securing our Liberties as we are Men and Christians to us and our Posterity after us which are those great and glorious ends which the good People of these Nations have so freely with the hazard of their Lives and Estates so long and earnestly contended for We consider likewise the continual danger which your Life is in from the Bloody Practices both of the Malignant and discontented Party one whereof through the Goodness of God you have been lately delivered from It being a received Principle amongst them That no Order being Setled in your Life time for the Succession in the Government nothing is wanting to bring us into Blood and Confusion and them to their desired ends but the destruction of Your Person And in case things should thus remain at Your Death we are not able to express what Calamities would in all humane probability ensue thereupon which we trust Your Highness as well as we do hold Your Self obliged to provide against and not to leave a People whose common Peace and Interest You are intrusted with in such a condition as may hazard both especially in this Conjuncture when there seems to be an opportunity of coming to a Settlement upon just and legal Foundations Vpon these Considerations We have judged it a duty incumbent upon us to present and Declare these our most just and necessary Desires to Your Highness I. That Your Highness will be pleased by and under the Name and Stile of Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To hold and exercise the Office of Chief Magistrate of these Nations and to Govern according to this Petition and Advice in all things therein contained and in all other things according to the Laws of these Nations and not otherwise That Your Highness will be pleased during Your Life
shall be left by the party acusing in writing under his hand with the party accused or in his absence at his house in the County City or Town for which he shall be chosen if he have any such house or if not with the Sheriff of the County if he be chosen for a County or with the Chief Magistrate of the City or Borough of which he is chosen And that the number of persons to be Elected and chosen to Sit and serve in Parliament for ENGLAND SCOTLAND and IRELAND and the distribution of the persons so chosen within the Counties Cities and Boroughs of them respectively may be according to such proportions as sholl be agreed upon and Declared in this present Parliament V That your Highness will consent That none be called to Sit and Vote in the other House but such as are not disabled but qualified according to the Qualifications mentioned in the former Article being such as shall be nominated by your Highness and approved by this House and that they exceed not Seventy in number nor be under the number of Forty whereof the Quorum to be One and twenty who shall not give any Vote by Proxies and that as any of them do dye or be Legally removed no new ones be admitted to Sit and Vote in their rooms but by consent of the House it self That the other House do not proceed in any Civil Causes except in Writs of Error in Cases adjourned from Inferior Courts into the Parliament for difficulty in Cases of Petitions against Proceedings in Courts ef Equity and in Cases of the Priviledges of their own House That they do not proceed in any Criminal Causes whatsoever against any person criminally but upon an Impeachment ef the Commons assembled in Parliament and by their consent That they do not proceed in any Cause either Civil or Criminal but according to the known Laws of the Land and the due course and Custom of Parliament That no final Determinations or Judgments be by any Members of that House in any Cause there depending either Civil Criminal or Mixt as Commissioners or Delegates to be nominated by that House But all such final Determinations and Judgments to be by the House it self Any Law or Vsage to the contrary notwithstanding VI. That in all other particulars which concern the calling and holding of Parliaments your Highness will be pleased That the Laws and Statutes of the Land be observed and kept and that no Laws be Altered and Suspended Abrogated or Repealed or new Law made but by Act of Parliament VII And to the end there may be a constant Revenue for Support of the Government and for the Safety and Defence of these Nations by Sea and Land We declare our willingness to Settle forthwith a Yearly Revenue of Thirteen hundred thousand Pounds whereof Ten hundred thousand Pounds for the Navy and Army and Three hundred thousand pounds for the Support of the Government and no part thereof to be raised by a Land Tax And this not to be altered without the consent of the Three Estates in Parliament And to grant such other Temporary Supplies according as the Commons Assembled in Parliament shall from time to time adjudge the necessities of these Nations to require And do pray Your Highness That it be Declared and Enacted That no Charge be laid nor no person be compelled to contribute to any Gift Loan Benevolence Tax Tallage Aid or other like Charge without common consent by Act of Parliament which is a Freedom the People of these Nations ought by the Laws to Inherit VIII That none may be added or admitted to the Privy Council of your Highness or Successors but such as are of known Piety and undoubted affection to the Rights of these Nations and a just Christian Liberty in matters of Religion nor without consent of the Council to be afterwards approved by both Houses of Parliament and shall not afterwards be removed but by consent of Parliament but may in the Intervals of Parliament be suspended from the Exercise of his Place by your Highness or your Successors and the Council for just cause and that the number of the Council shall not be above One and twenty whereof the Quorum to be Seven and not under As also that after Your Highness death the Commander in Chief under Your Successors of such Army or Armies as shall be necessary to be kept in England Scotland or Ireland as also all such Field-Officers at Land or Generals at Sea which after that time shall be newly made and Constituted by Your Successors be by consent of the Council and not otherwise And that the standing Forces of this Commonwealth shall be disposed of by the Chief Magistrate by consent of both Houses of Parliament sitting the Parliament and in the Intervals of Parliament by the Chief Magistrate by the Advice of the Council And also that your Highness and Successors will be pleased to Exercise your Government over these Nations by the Advice of your Council IX And that the Chancellor Keeper or Commissioners of the Great Seal of England the Treasurer or Commissioners of the Treasury there the Admiral the Chief Governour of Ireland the Chancellor Keeper or Commissioners of the Great Seal of Ireland the Chief Justices of both the Benches and the Chief Baron in England and Ireland the Commander in Chief of the Forces in Scotland and such Officers of State there as by Act of Parliament in Scotland are to be approved by Parliament and the Judges in Scotland hereafter to be made shall be approved of by both Houses of Parliament X And whereas your Highness out of your zeal to the glory of God and the propagation of the Gospel of the Lord Jesus Christ hath been pleased to encourage a Godly Ministry in these Nations We earnestly desire that such as do openly revile them or their Assemblies or disturb them in the Worship or Service of God to the dishonour of God scandal of good men or breach of the peace may be punished according to Law And where the Laws are defective that your Highness will give consent to such Laws as shall be made in that behalf XI That the true Protestant Christian Religion as it is contained in the holy Scriptures of the Old and New Testament and no other be held forth and asserted for the publique profession of these Nations And that a Confession of Faith to be agreed by your Highness and the Parliament according to the Rule and Warrant of the Sciptures be asserted held forth and recommended to the people of these Nations That none may be suffered or permitted by opprobrious Words or Writing maliciously or contemptuously to Revile or Reproach the Confession of Faith to be agreed upon as aforesaid And such who profess Faith in God the Father and in Jesus Christ his Eternal Son the true God and in the Holy Spirit God coequal with the Father and the Son one God blessed for ever and do acknowlege the
Officers Commissioners of the Seal and of the Treasury and his Council The Earl of Warwick carried the Sword before him and the Lord Mayor of London carried the City Sword His Highness standing under the Cloth of State the Speaker in the Name of the Parliament presented to him 1. A Robe of Purple Velvet lined with Ermine which the Speaker assisted by Whitelocke and others put upon his Highness then he delivered to him the Bible richly gilt and bossed after that the Speaker girt the Sword about his Highness and delivered into his hand the Scepter of massie Gold and then made a Speech to him upon those several things presented to him wishing him all prosperity in his Government and gave him the Oath and Mr. Manton by Prayer recommended his Highness the Parliament the Council the Forces by Land and Sea and the whole Government and People of the three Nations to the blessing and protection of God After this the people gave several great shouts and the Trumpets sounding the Protector sate in the Chair of State holding the Scepter in his hand on his right side sate the Ambassadour of France on the left side the Ambassadour of the Vnited Provinces Near to his Highness stood his Son Richard the Lord Deputy Fleetwood Claypole Master of the Horse his Highness Council and Officers of State the Earl of Warwick held the Sword on the right side of the Chair and the Lord Mayor of London held the City Sword on the left hand of the Chair near the Earl of Warwick stood the Lord Viscount Lisle general Mountague and Whitelocke each of them having a drawn Sword in their hands Then the Trumpets sounded and an Herauld proclaimed his Highness Title and Proclamation was made and loud Acclamations of the People God save the Lord Protector The Ceremonies being ended His Highness having his Train carried by the Lord Sherwood Mr. Rich the Earl of Warwick's Grandchild and by the Lord Roberts his Son accompanied by the Ambassadours and attended as before went in State to Westminster-Hall Gate where he took his rich Coach In the upper end of it himself sate in his Robes in the other end sate the Earl of Warwick in one Boot sate his Son Richard and Whitelocke with a drawn Sword in his hand and in the other Boot sate the Lord Viscount L'Isle and General Mountague with Swords drawn in their hands Cleypole led the Horse of Honour in rich Caparisons the Life Guard and other Guards attended the Coach the Officers and the rest followed in Coaches to White-hall The Speaker and members of Parliament went to the House where they passed some Votes and ordered them to be presented to his Highness Then according to the Act of Parliament the House adjourned it self till the twentieth of January next The Bills passed by his Highness this Parliament besides those mentioned before were An Act for the preventing of the multiplicity of Buildings in and about the Suburbs of London and within ten miles thereof An Act for quiet enjoying of sequestred Parsonages and Vicarages by the present Incumbent An Act for discovering convicting and repressing of Popish Recusants An Act and Declaration touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts c. Instructions agreed upon in Parliament for Joseph Aylloffe Thomas Skipwith Jeremy Banes Adam Ayre Esq James Robinson and William Marr Gent. Commissioners for surveying the Forrest of Sher-wood Robert Frank John Kensey Thomas Wats Esq and George Sargeant Gent. Commissioners for surveying the Forrest or Chase of Need-wood James Stedman Robert Tayler Thomas Tanner Esq and John Halsey Gent. Commissioners for surveying the Forest or Chase of Kingswood Henry Dewell William Dawges Joseph Gamage Esq Richard Johnson Gent. Commissioners for surveying the Forrest or Chase of Ashdown or Lancaster great Park John Baynton Hugh Web Esq Major Rolph and Nicholas Gunton Gent. Commissioners for surveying Enfield Chase in pursuance of an Act of this present Parliament Intituled an Act and Declaration touching several Acts and Ordinances made since the twentieth of April 1653. and before the third of September 1654. and other Acts c. An Act for punishing of such persons as live at high rates and have no visible Estate Profession or Calling answerable thereunto An Act for Indempnifiing of such persons as have acted for the service of the publick An Act for the better observation of the Lord's Day An Act for raising of fifteen thousand pounds Sterling in Scotland An Act for an Assessment at the rate of five and thirty thousand pounds by the month upon England six thousand pounds by the month upon Scotland and nine thousand pounds by the month upon Ireland for three years from the twenty fourth of June 1657. for a Temporary supply towards the mantainance of the Armys and Navys of this Common-wealth An Additional Act for the better Improvement and advancing the Receipts of the Excise and new Impost A Book of Values of Merchandize imported according to which Excise is to be paid by the first Buyer An Act for continuing and establishing the Subsidy of Tonnage and Poundage and for reviving an Act for the better packing of Butter and redress of abuses therein An Act for the better suppressing of Theft upon the Borders of England and Scotland and for discovery of High-way-men and other Felons An Act for the improvement of the Revenue of the Customs and Excise An Act for the assuring confirming and settling of Lands and Estates in Ireland An Act for the Attainder of the Rebels in Ireland An Act for the settling of the Postage of England Scotland and Ireland An Act for the Adjournment of this present Parliament from the 26th of June 1657 unto the 20th of January next ensuing The humble additional and explanatory Petition and Advice in these words TO HIS HIGHNESS THE LORD PROTECTOR OF THE Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging The humble Additional and Explanatory Petition and Advice of the Knights Citizens and Burgesses now assembled in the Parliament of this Common-wealth WHereas upon the humble Petition and Advice of the said Knights Citizens and Burgesses now assembled in the Parliament of this Common-wealth lately presented and consented unto by your Highness certain Doubts and Questions have arisen concerning some particulars therein comprised for explanation whereof May it please your Highness to declare and consent unto the Additions and Explanations hereafter mentioned and may it be declared with your Highness Consent In the fourth Article That such person and persons as invaded England under Duke Hamilton in the year 1648 Or advised consented assisted or voluntarily contributed unto that War and were for that cause debarred from publick trust by the Parliament of Scotland be uncapable to Elect or be Elected to sit and serve as Members of Parliament or in any other place of publick trust relating unto the fourth and thirteenth
Articles in the Petition and Advice excepting such as since have born Arms for your Highness or the Parliament or have been admitted to sit and serve in the Parliament of this Commonwealth and are of good life and conversation or such as shall hereafter be declared by your Highness with the advice of your Council to have given some signal testimony of their good affection and continuance in the same That the Proviso in the said fourth Article be explain'd thus viz. That such English and Scotish Protestants who since the defection of the Earl of Ormond and the Lord Inchiquin and before the first day of March 1649. have born Arms for and ever since continued faithfull to the Parliament or your Highness or have otherwise before the said first day of March 1649. given signal testimony of their good affection to this Common-wealth and have ever since continued faithfull to the same shall not be debarred or deemed uncapable of electing or being Elected to serve in Parliament And whereas in the said fourth Article Publick Ministers or Publick Preachers of the Gospel are disabled to be Elected to serve in Parliament It is hereby explained and declared to extend to such Ministers and Preachers only as have Maintenance for Preaching or are Pastors or Teachers of Congregations In the said fourth Article That in stead of Commissioners to be appointed by Act of Parliament to examin and try whether the Members to be Elected for the House of Commons in future Parliaments be capable to sit according to the Qualifications mentioned in the said Petition and Advice there shall be the Penalty and Fine of a 1000 pounds laid and inflicted upon every such unqualified Member being so adjudged by the said House of Commons and imprisonment of his Person until payment thereof And that the ensuing Clauses in the said Article viz. We desire that it may by your Highness Consent be Ordained That forty and one Commissioners be appointed by act of Parliament who or five or more of them shall be Authorized to examine and try whether the Members to be Elected for the House of Commons in future Parliaments be Capable to sit according to the qualifications mentioned in this Petition and Advice and in case they find them not qualified accordingly then to suspend them from sitting until the House of Commons shall upon hearing their particular Cases admit them to sit which Commissioners are to stand so Authorized for that end until the House of Commons in any future Parliament shall nominate the like number of other Commissioners in their places And those other Commissioners so to be nominated in any future Parliament to have the same Power and Authority That the said Commissioners shall Certifie in writing to the House of Commons on the first day of their meeting the cause and grounds of their suspensions of any person so to be Elected as aforesaid That the Accusation shall be upon Oath of the Informant or of some other person That a Copy of the Accusation shall be left by the party accusing in writing under his hand with the party accused or in his absence at his house in the Country City or Town for which he shall be Chosen if he have any such House or if not with the Sheriff of the County if he be chosen for a County or with the chief Magistrate of the City or Burrough for which he is chosen shall not be put in Execution or made use of but shall be void frustrate Null and of none effect and shall be so construed and taken to all intents and purposes whatsoever anything contained in the said Petition and Advice to the contrary notwithstanding In the fifth Article That the Nomination of the Persons to supply the place of such Members of the other House as shall die or be removed shall be by your Highness and your Successors In the seventh Article That the monies directed to be for the supply of the Sea and Land Forces be issued by Advice of the Council And that the Treasurer or Commissioners of the Treasury shall give an Account of all the said money to every Parliament That the Officers of State and Judges in the Ninth Article of the said Petition and Advice mentioned shall be chosen in the â—ntervals of Parliament by the Consent of the Council to be afterwards approved by Parliament That your Highness will be pleased according to the usage of former Chief Magistrates in these Nations and for the better satisfaction of the People thereof to take an Oath in the form ensuing I do in the presence and by the Name of God Almighty promise and swear That to the uttermost of my power I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament to the uttermost of my power and understanding and incourage the Profession and Professours of the same and that to the utmost of my power I will endeavour as chief Magistrate of these three Nations the Maintenance and Preservation of the Peace and safety and of the just Rights and Privileges of the people thereof And shall in all things according to my best knowledge and power govern the people of these Nations according to Law That your Highness successors do before they take upon them the Government of these Nations take an Oath in the Form aforesaid That all such persons who now are or shall hereafter be of the Privy Council of your Highness or Successors before they or either of them do act as Counsellors shall respectively take an Oath before persons to be authorised by your Highness and Successors for that purpose in the Form following I A. B. doe in the presence and by the Name of God Almighty promise and swear That to the uttermost of my power in my place I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament and encourage the Profession and Professors of the same And that I will be true and faithfull to His Highness the Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging as Chief Magistrate thereof And shall not contrive design or attempt any thing against the person or lawfull Authority of his said Highness and shall keep secret all matters that shall be treated of in Council and put under secrecy and not reveal them but by Command or consent of His Highness the Parliament or the Council and shall in all things faithfully perform the trust Committed to me as a Councellor according to the best of my understanding in order to the good Government Peace and Welfare of these Nations That the same Oath be taken by the members of your Highness Council of Scotland and Ireland That every person who now is or hereafter shall be a Member of either House of Parliament
their fence set upon a Level and upon the plain Ground A third sort like a middle way as on the one side not to meddle with the Old dry and dead Bank for that upon often Essays and Treaties it hath been found the Sets will not take in it so on the other side not to set them upon the Plain Ground least the Beasts and the Herds and Flocks should tread them down at every turn as they pass to and fro according as their food or fancy leads them but to place the Sets in two Tables upon a Bank raised up as before but of a fresh and live Mould and to make use of all Plants both Old and New that will take to the fresh Ground and thrive in it the Country-man finds this no ill Husbandry in his way and we may find the like no ill Policy in our way and truly if it please the Lord to water our new set Plants with the Dews of Heaven and that by our own discord among our selves falling one from another and from the Bank we stand upon we do not open gaps for them who would make a breach in our Mould We have great opportunities and advantages by what the Parliament hath already done to settle a firm and lasting fence about our Liberties both Civil and Spiritual and such a one as no Beasts of the Field neither great nor small no Persons whatsoever neither high nor low shall be able to pass through it or get over it or tread it down But then we must beware and take heed of the subtle devices of such who designing to destroy it judge and not without reason they have no such time to compass their purpose as to disturb and distract our settlement in the Infancy thereof before the two Rows of Sets have taken deep root in the Bank and before they be grown up together and are interweaved and plashed one into the other for then they fear it will be too late to doe it the Fence will be grown strong like a triple Cord which cannot easily be broken unless they can untwist it and unravel it again which after some time and continuance and the mutual intercourses of love and experience of each others usefulness to one another and to the Commonwealth it will not be easie for them to do Therefore we must have an Eye not onely to the wild Boars of the Forest that they root not up our Fence but also to the Foxes those little Foxes which spoil the Vines for our Vine hath tender Grapes Let the chief Magistrate and the two Houses of Parliament esteem each other as bone of their bone and flesh of their flesh let them be of one heart and like the form and figure of an heart which though triangular is but one heart Let there be one Mind one Soul and one Spirit that may act and animate the whole and every part and be whole in the whole and whole in every part Let one and the same good blood run in and through them all and by a perpetual Circulation preserve the whole and every part in perfect unity strength and vigour This Constitution of a chief Magistrate and two Houses of Parliament is not Pageantry but a real and well measured advantage to it self and to the Commonwealth and so consonant to reason that it is the very Emblem and Idea of Reason it self which reasoneth and discourseth by a Medium between two Extreams If there be two Extreams and the one vary from the other how shall they be reconciled if there be no Medium to bring them together Where one cannot prevail with one two may with a third Where one foot slippeth indeed the other may help the body from falling but if both be tript up and it fall what shall retain it if there be not a third to put forth the hand to help it up again If one be assaulted will not the other be concerned in it and run to its defence But if both be attempted and exposed to violence will they not stand in need of a Protector If some hazard must be run in popular Elections to preserve the Peoples Freedoms may there not be some help therein by the Election of the chief Magistrate that it turn not at any time to its own prejudice If any thing inconvenient should chance to slip out at one door must it not pass two more before it come abroad to the detriment of the People How exact and of how great respect and authority will be all your Acts Laws and Resolutions when as after they have passed the Examination of that great Body which sees with the Eye of the three Nations and is acquainted with the condition and sensible of the necessities of every individual part thereof they shall then pass a second scrutiny and be polished and refined by such as during life shall make it their business either to fit themselves for or to be exercised in things of that nature being also assisted by all the Reverend Judges of the Land and other Learned Persons of that Robe so oft as there shall be occasion to require their Advice and when as after all this they must pass also the judgment and assent of the chief Magistrate who is placed on high as upon a Watch-Tower from whence he may behold at one view and discover the state of the whole Body-Politick and every part thereof and see not only near at hand but also a far off how it standeth in relation to foreign States as well as to its own parts within it self I might enlarge much more upon this subject and it is not to be forgotten that each House taking a more special care of what is most proper for it and it most proper for whilst the Representative of the Commons provideth and strengtheneth the Sinews of War to preserve the Commonwealth from destruction in gross by publick force and violence the other House will preserve it from destruction by Retail through the due administration of Justice suppressing particular Wrongs and Oppressions which would soon break out into open Flames and publick Rapines if they were not prevented by the Courts of Judicature whereof the highest and last resort is there But I shall leave what is omitted in this Point to Time and Experience which I am confident will speak more fully and more effectually and convincingly that the Tongue of any man can set forth And so I pass on to the last Point and shall briefly touch upon some Difficulties and Impediments which we may meet with in our way And the first that some may be in danger to stumble at is the apprehension of Novelty in this Constitution because it is not in every Point agreeable to what was before For removal hereof let us consider that neither is the Condition of the Nation at present as it was before and it may be it is not good it should be so or at least that it is not God's will it shall be so
exercise and discharge of their Trust and we shall be ready in our places to yield them as becomes us our utmost Assistance to sit in safety for the improving present opportunity for setling and securing the peace and freedom of this Commonwealth praying for the presence and blessing of God upon their endeavours Signed by direction of the Lord Fleetwood and the Council of Officers of the Army Tho. Sandford Secretary May 6. 1659. â—ambert Berry Cooper Haslerigge Lilburn Ashfield Salmon Zanchey Kelsey Okey Blackwell Haynes Allen Packer and Pierson went to the old Speaker Lenthal with this Declaration to the Rolls and presented it to him and divers of the Members of the long Parliament came thither afterwards to advise with the Speaker and declared their willingness to meet again which they appointed to Morrow-morning in the Painted-Chamber 7. They met accordingly and in a body went together to the House Lambert guarding them with Souldiers Then they passed a Declaration touching their Meeting and their purpose to secure the Property and Liberty of the people both as Men and as Christians and that without a single Person Kingship or House of Peers and to uphold Magistracy and Ministry 8. A Sermon was Preached in the House by Dr. Owen 9. The House appointed a Committee of Safety most of them Souldiers except Vane and Scot and ordered that all Officers should be such as feared God and were faithfull to the Cause Letters of General Monk to Fleetwood of the Concurrence of the Army in Scotland with the Army at London Letters ordered to be sent to the particular Members of this Parliament to come and discharge their duty 11. An Act passed for the continuing of Sheriffs Justices of Peace c. in England and in Scotland and Ireland 12. An Address to the Parliament with their Desires in it from many in and about London and their Protestation to stand by this Parliament The like Address to this Parliament from the Officers of the Army These Passages gave the more hopes to many that this Parliament thus restored might be blessed of God for settling the Peace and Liberty of the Nation and the more because they were upon the first right foundation of that long Parliament which had done so great things and therefore divers were the better satisfied to go on with them 13. The Parliament named a Council of State and several Gentlemen not Members of the House were also of it their Names were as followeth Thomas Lord Fairfax M. G. Lambert Col J. Desborough Col. James Bury John Bradshaw Serjeant at Law Sir Anthony Ashley Cooper Sir Horatio Townsend Sir Arthur Haslerigge Sir Henry Vane L. G. Ludlow L. G. Fleetwood Major Salwey Col. Morley Mr. Scot Mr. Wallop Sir James Harrington Col. Wanton Col. Jo. Jones Col. Sydenham Col. Sydney Mr. Nevil Mr. Thomas Chaloner Colonel Downes Lord chief Justice St. John Col. Thompson Lord Commissioner Whitelocke Col. Dixwell Mr. Reynolds Josiah Barners Sir Archibold Johnson Sir Robert Honywood 14. An Act for a new Great Seal different from that whereof Fiennes L'Isle and Whitelocke were Commissioners and so their Office ceased 15. Newdigate Atkins Archer and Parker were made Judges and Easter Term was continued 16. An Act passed appointing Judges for Probate of Wills Applications from Mr. Nathaniel Bacon and his Brother about the payment of their Salary as Masters of the Requests to the Protector and Serjeant Lynne about his Arrears of his Salary Votes passed for Pay of the Army and Navy and for Sale of Whitehall and Somerset-house 17. Address to the Parliament from the Army in Scotland Right honourable THat a Nation may be born in a day is a truth which this days experience witnesseth unto us against all the dictates of humane Reason and that a glorious Cause whose Interest was laid low even in the dust should be in one day restored to its life and lustre when almost all the Asserters of it had so manifestly declined it by a defection of many years cannot be imputed to less than the greatest and most powerfull manifestation of the Arm of God that ever this or former Generations saw or heard of In the sense of this the greatest of our Temporal Mercies we now come to address to your Honours as those whose presence we have so long wanted that had you staid but a little longer it might have been left to be enquired what England was we mean what was become of that People by whom God for so many years filled the World with so much admiration and terrour But though this great Work be as most justly it ought to be wonderfull in our eyes yet when we consider its Author who calls things that are not as if they were bringeth down to the Pit and raiseth up again we see that nothing is difficult to Faith and the Promises of God are sure and stable even then when in the eye of man no less than impossible We cannot but acknowledge to our exceeding great sorrow and shame that our selves though we hope most of us through weakness and frailty not out of design have very much contributed to those Provocations which have caused God to depart from our Israel and we could hearâ—ily wish that even amongst those that help to make up your own number there had not been an helping hand to this sad and deplorable work But we see when God's hour is come and the time of his people's deliverance even the set time is at hand he cometh skipping over all the Mountains of sin and unworthiness that we daily cast in the way We are not willing to detain your Honours too long upon this subject and therefore besecching the God of all our Mercies to heal the backslidings of his people and not to charge unto their account in this his day of their deliverance their miscarriages whilst they were wandering in dark and slippery places after the imaginations of their own hearts we with all bumility and affection in the first place congratulate you in this your happy hestauration to the Government of these Nations which God was pleased once so to own in your hands as to make you both the praise and wonder of the Earth the glory and rejoycing of his People and the terrour of your Adversaries and we acknowledge it a singular condescention in you in this day of 〈◊〉 great difficulties to take upon you so heavy a burthen And sceing his late Highness hath been pleased to manifest so much self-denial and love to his Country in appearing for the Interest thereof against his own we humbly intreat that some speedy care may be taken for him and his family together with her Highness Dowager that there may be such an honourable Provision settled upon them and such other Dignities as are suitable to the former great Services of that Family to these Nations And in the next place we cannot but humbly beseech you now you
have an opportunity than which a fitter your hearts did never pray for to finish the work of Reformation that hath been so long upon the wheel and met with so great Obstructions that you would not heal the wound of the daughter of God's people slightly but make so sure and lasting provision for both their christian and civil Rights as that both this and future Generations may have cause to rise up and call you Blessed and the blackest of Designs may never be able to câ—st dirt in your faces any more and as helpfull to these two great Concernments Religion and Liberty we humbly propose unto your mature consideration these two Desires First That you would be pleased to countenance Godliness and all the sincere Professors thereof encourage an able and laborious Ministry and suffer no other Yoak to be imposed upon the Consciences of God's people than what may be agreeable to the word of God and that you would be a terrour to all impious prophane and licentious people whatsoever Secondly That you would so vindicate and assert the Native â—ights and Liberties of these Nations in and by the Government of a Free State that there may not be the voice of an oppressed one in our Land but that all may enjoy the blessed fruits of your righteous and peaceable Government And for the prevention of all possibility for ambitious Spirits ever to work their ends against you we humbly desire you to be very carefull as well what persons you entrust with the management of the Armies and Navies of this Commonwealth as of the measure of that Power and Authority you depart with to them or substitute in them Touching the qualifications of the Persons we desire they may be truly godly and conscientious Touching the measure of their Authority that it may be adequate to the nature and being of a Commonwealth And whilst you are thus pleading and asserting the Interest of God and his People you may rest assured with greatest confidence that we shall appear in your defence and the vindication of your Authority against the opposition of all Arbitrary Powers whatsoever And to that blessed and All-powerfull God who is able to spirit you for this great work you are and shall daily be recommended in the prayers of Your most loyal and most Obedient Servants George Monk Thomas Read Ralph Cobbet Tim. Wilks Robert Read John Cloberry Abra. Holmes Henr. Dorney Dan. Davison Rich. Heath Mi. Richardson J. Hubbelthorn Tho. Johnson P. Crisp He. Brightman Phil. Watson Tho. Dean Jerem. Smith Will. Davis James Wright Jos Wallinton Will. Helling Ethelb Morgan Rob. Winter John Paddon Anthony Nowers 18. Order to refer it to the Members of the House of the Council of State or any five of them to consider of the Union between Scotland and England and to prepare an Act for it Whitelocke was by the Council particularly desired to take care of this business VVhitelocke had private Intimation from Fleet-wood that Scot had Intelligence that Whitelocke kept a Correspondence with the King of Scots or some of his Ministers and that Scot intended to charge Whitelocke with it at the Council and therefore Fleetwood did advise Whitelocke that if it were so that he should forbear coming to the Council and Fleetwood would take care that nothing should be further done against him but if that Whitelocke were innocent he might use his discretion Whitelocke wondered at this knowing his own innocency and therefore he did not absent himself from the Council but Scot in a cunning way represented his Intelligence to the Council from one of his Spies beyond Sea who wrote him word That Sir Anthony Ashley Cooper and Whitelocke had Correspondence with Sir Edward Hyde beyond Seas And this Intelligencer was a beggerly Irâ—sh Fryar Sir Anthony Ashley Cooper made the highest professions that could be of his Innocency denying that ever he had any Correspondence with the King or with Sir Edward Hyde or any of the King's Ministers or Friends and his Expressions were so high that they bred in some the more suspicion of him but at this time he was believed and what followed afterwards is known Whitelocke positively denied any Correspondence with the King or with Hyde or any of the King's Party and desired no favour if they could prove any such thing against him and moved to know his Accuser but that was waved and Whitelocke admitted in his Imployment of one of the Council of State 19. The House appointed Judges of the Admiralty for six weeks 20. Order for a Day to be kept of publick Humiliation Letters that the Jews were destructive to our Trade 21. Votes of the Parliament for a free Common-wealth without a single Person Kingship or House of Pears And for maintaining Magistracy and Ministry and regulating of Law and Equity 23. Vote for the Speaker Lenthall to be Keeper of the Great Seal for eight days 24. An Ambassadour had publick Audience in the House in great solemnity 25. The House having sent a Committee to Richard to know whether he would acquiesce in the present Proceedings and that they would provide for the payment of his Debts and an honourable subsistence for himself and his family They returned with his Answer under his hand That he would acquiesce and sent a List of his Debts 26. Several Addresses were made to the House and they referred Matters touching the Forces and the Navy and the Prize-goods to the Council of State 27. Reference to the Council of State to proceed in the Treaty with the Dutch 28. An Address to the Parliament from Bucks The House considered of settling the Officers of Fleetwood's Regiment this began to give some distaste to the Officers of the Army that the Parliament should not trust them in this business but do it themselves A Committee named to prepare an Act of Indemnity and Oblivion 29. Letters of the present state of Affairs in Ireland from the Lord Broghill and of my Lord 's joyning with this Parliament 30. Addresses from the North to Fleetwood and the Army The House proceeded upon the Act of Indemnity 31. Votes for addition of Pay to the Souldiers about London Order for sequestring the Profits of the Keeper of the Great Seal for the use of the Common-wealth and that the Chancery be throughly reformed and regulated June 1659. 1. The Council of State ordered Whitelocke to draw a Letter to General Mountague about the business of the Navy The House proceeded about the Act of Indemnity An Address from the Common Council of London to the Parliament who gave them thanks for their good Affections 3. Bradshaw Tyrell and Fountain were voted to be Commissioners of the Great Seal for five Months 4. An Address from the County of Kent answered with thanks An Act past for constituting of Bradshaw Tyrell and Fountain Commissioners of the Great Seal and the Oath was administred and the Great Seal
though Lambert were on foot and none with him yet Evelyn at the head of his Troop dismounted at his command and his Troop also obeyed Lambert who drew together some other Forces and placed them along in Kings Street and near the Abbey Church and Yard and when the Speaker came by in his Coach they stopped him and caused him to return back and so the House did not sit The Council of State sate where were both Parties of the opposite Souldiers Lambert Desborough and Haslerigge Morley and others and they had a long and smart debate Some of the Members had got into the House but the Speaker was kept from them and most part of their Members Those in the House were sent to from the Council of State and consulted with about an Accommodation and in the mean time the several parties of the Souldiers kept their stations expecting Orders to fall on But the Council of State so managed the business and so perswaded with all parties that at the last they came to an Accommodation to save the effusion of blood and the Parliament was not to sit but the Council of Officers undertook to provide for the preservation of the Peace and to have a form of Government to be drawn up for a new Parliament to be shortly summoned and so to settle all things This being agreed upon and it could not be obtained otherwise the Council of State in the Evening sent their Orders requiring all the Souldiers of each Party to draw off and to depart to their several quarters which was obeyed by them 14. The Officers of the Army met and had many Debates about a settlement they declared Fleetwood to be their Commander in chief On the other side Haslerigge and his friends consulted what to do to restore themselves and to curb the opposite Officers of the Army who had thus affronted them and the Parliament and they had some hopes of Monk to be their Champion 15. The Council of State seldom met but some few of them in private 17. The Council of Officers sent one of their Company to Monk and another into Ireland to acquaint the Officers of those Forces of the proceedings here and to desire their concurrence therein They suspended from their Commands the Officers of the Army who appeared against them They nominated a Committee of ten of the Council of State Fleetwood Lambert Whitelocke Vane Desborough Harrington Sydenham Berry Salwey and Warreston to consider of fit ways to carry on the Affairs and Government At a General Council of Officers they agreed upon Articles of War they declared Fleetwood to be Commander in chief of all the Forces and Lambert to be Major General of the Forces in England and Scotland and this discontented Monk They appointed Fleetwood Lambert Vane Desborough Ludlow and Berry to be a Committee to nominate Officers of the Army and they kept a day of Humiliation in Whitehall Chapel 19. Letters from the Zound that the Dutch and Danes Fleet were retreated 21. Whitelocke had notice that he was named among the Officers of the Army to be one of that Council which they intended to set up to carry on the great Affairs of the Commonwealth but he was not desirous of that Imployment especially at such a time as this 22. The Council of Officers agreed upon the names of 23 persons to be of this Council 26. The General Council of Officers agreed upon these persons to be intrusted with the management of publick Affairs Fleetwood Lambert Desborough Steel Whitelocke Vane Ludlow Sydenham Salwey Strickland Berry Lawrence Harrington Wareston Lord Mayor Ireton Tichburn Brandrith Thomson Hewson Clerk Lilburn Bennet Holland and gave them the same powers that the Council of State had and more A printed Letter was published as sent from General Monk signifying his dissatisfaction with the proceedings of the Forces in England And another Letter was published as from divers of Monk's Officers signifying their concurrence with the Officers in England Care was taken for government of the Army in England and to prevent Insurrections 27. The General Council of Officers agreed to call the new Council The Committee of Safety and that Letters should be sent to the several Members of it to undertake the Trust The Letter to Whitelocke was this For our honoured Friend Bulstrode Lord Whitelocke Sir Vpon consideration of the present posture of Affairs of this Commonwealth the General Council of Officers of the Army have thought fit to appoint a Committee of Safety for the preservation of the Peace and management of the present Government thereof As also for the preparing of a Form of a future Government for these Nations upon the foundation of a Commonwealth or free State And your self being one of the persons nominated for that purpose we do by their direction hereby give you notice thereof and desire you to repair tomorrow morning at Ten of the Clock to the Horse Chamber in Whitehall in order to the Service aforesaid We rest Whitehall 27. Octob. 1659. Your faithfull Friends and Servants Zankey Packer Salmon Milles Allen Ashfield Kelsey Biscoe Creed Clerk Gough King Whitelocke was in some perplexity what to do upon this Letter and had much discourse with his Friends about it Desborough and some other great Officers of the Army and Actors in this business came to him and made it their earnest request to him to undertake this Trust and told him That some of this Committee as Vane Salwey and others had a design to overthrow Magistracy Ministry and the Law and that to be a balance to them they had chosen Whitelocke and some others to oppose this Design and to support and preserve the Laws Magistracy and Ministry in these Nations That they knew their Abilities to do it and depended much upon them and that if Whitelocke should deny to undertake this Charge it would much trouble the General Council of Officers and be of great prejudice to the intended settlement and therefore they most earnestly desire him to accept of this Imployment And Fleetwood perswaded Whitelocke to the same purpose and many other Friends were of the same opinion and earnest with him not to decline it 28. The Committee of Safety were to meet Whitelocke had revolved in his mind the present state of Affairs that there was no visible Authority or power for Government at this time but that of the Army that if some Legal Authority were not agreed upon and settled the Army would probably take it into their hands and govern by the Sword or set up some Form prejudicial to the Rights and Liberties of the People and for the particular advantage and interest of the Souldiery more than would be convenient That he knowing the purpose of Vane and others to be such as to the lessening of the power of the Laws and so to change them and the Magistracy Ministry and Government of the Nation as might
be of dangerous consequence to the Peace and Rights of his Country To prevent which and to keep things in a better order and form he might be instrumental in this Imployment Upon these and the like grounds as also by the ingagement of divers of the Committee to joyn with him therein he was perswaded to undertake it and did meet with them at the place appointed where he was received by them with all respect and civility The Instructions of the Committee of Safety were presented to them 29. The Committee sate all day The Armies Declaration was published of the grounds of their late proceedings A Letter came from General Monk to the Officers of the Army here of the dissatisfaction of himself and some of his Officers in the late proceedings of the Army here Persons were sent to him for his better information He secured Berwick for himself Lambert was appointed to command the Forces in the North and to have more Regiments with him 31. Bradshaw died of a Quartan Ague which had held him a year a stout man and learned in his Profession No friend of Monarchy November 1659. 1. The Committee of Safety appointed Fleetwood Whitelocke Vane Ludlow Salwey and Tichburn a Committee to consider of a Form of Government for the three Nations as a Commonwealth and to present it to the Committee of Safety Whalley and Goffe and Caryl and Barker Ministers were sent to Monk to perswade him to a right understanding of things and to prevent effusion of blood This Order was made at the Committee of Safety Thursday Novem. 1. 1659. At the Committee of Safety at Whitehall The Committee of Safety taking into consideration the necessity of disposing of the Great Seal so as the same may be made use of for the publick service and the administration of Justice Ordered that the custody of the Great Seal of England be committed to the Lord Whitelocke as Commissioner and Keeper of the said Great Seal until further Order And the same was accordingly delivered to his hands by the Lord President And ordered That an Entry of the delivery of the Great Seal to the said Lord Whitelocke as Commissioner and Keeper of the said Great Seal be made in the close Roll in Chancery and in the Office of Petty Bagge William Robinson Clerk of the Committee of Safety 2. A new Letter was sent to General Monk from the Officers here The Lords Northampton Falkland Castleton Herbert Howard and Bellasis were discharged from Imprisonment upon security to live peaceably and this was to ingratiate with the Cavaliers Letters from Edenburgh that General Monk and many of his Officers had declared for the Parliament against the Officers of the Army in England and that General Monk had imprisoned some of his Officers who were of a different judgment and put others out of their Command and was preparing all things in order to restore the Parliament Letters from Colonel Pearson who dissented from Monk and that many of his Officers and Souldiers would not joyn with him against the Army in England 3. The Commissioners of the Militia of London wrote to Monk to perswade him to an Accommodation Lambert went towards the North. 4. Letters from Ireland of the Forces there concurring with those here An Answer Agreed upon to a Letter from Monk Fleetwood Whitelocke Desborough and Tichburn went to the Lord Mayor and Court of Aldermen in London and acquainted them with the proceedings of Monk and with the danger of a new Civil War to the City and Kingdom and advised them to take special care for the prevention of it and for securing the City 5. New Commissions ordered for raising of new Forces to Vane for a Regiment of Horse and another to Whitelocke for a Regiment of Horse and other Commissions to others The General Council of Officers kept this a day of fasting Letters from Scotland that Monk had secured several of his Officers and resolved to march into England That divers of his Officers and Souldiers were discontented Other Letters that Monk was entered England with some Regiments but retreated An Address to Fleetwood from the Officers of the Northern Forces of their resolution to joyn with the Forces here 7. The General Council of Officers met and received Letters from the North. 8. An Answer to Monk's Letter agreed upon by the General Council of Officers Fleetwood Whitelocke Desborough and divers principal Officers of the Army went to the Common Council in London and represented to them the proceedings of Monk and that the bottom of his design was to bring in the King upon a new Civil War They shewed the danger of it to the City and Nation and counselled them to provide for their own safety and to joyn for the safety of the whole Nation and for preservation of the Peace The Common-council returned thanks to them and resolved to follow their advice 9. Letters from Scotland of the probability of a friendly Accommodation The like from several persons in the North. Letters from the Officers of the Fleet to Monk and his Officers to incline them to an Accommodation to this effect THE deep sense we have of the Duty incumbent on us in this day of Englands fears tryals and temptations puts us upon this Application to your Honour unto whom not long since most of us had a more immediate relation and the experience we had then of your readiness to receive and grant our just desires gives us encouragement to believe this present tender will have the like resentment As private Members of this Commonwealth we cannot but take notice of and in secret bewail before the Lord the intestine divisions that are amongst us at this day and the dreadfull consequence likely to ensue thereupon when duly pondered do exceedingly afflict and even break our hearts All the force that the common Enemy whilst in his strength was able to muster up against the good people of this Nation either at home or from abroad could never raise such Clouds of fears nor impress those terrours on our hearts as we now lie under from the apprehension of that evil which attends that distance which is between you and the Army in England which being manifested to us by a Declaration lately sent from Scotland and published by your command and resolutions therein expressed of your vindicating the late Parliament in opposition to the general proceeding of the General Council of Officers here we have taken the boldness not only as private Christians but in our pubblick capacity as Officers of the Fleet to beseech you in the bowels of mercy and compassion to this your Native Country and especially to all the Lord's people therein whose interest we remember hath formerly been precious to you seriously to consider 1. Whether the undertaking you are ingaged in will not make the hearts of the righteous sad whom the Lord hath not
made sad and strengthen the hands of the wicked that he should not return from his wicked way It being obvious to us where ever we come that few or none take pleasure in your proceedings but the Cavaliers who make their boast of you and place their confidence in you which as it is irkesom to us to hear so we trust and shall pray that the Lord will preserve you from such a defection as knowing that never any prospered that helped them 2. Whether this suddain resolution against your Brethren of the Army on account of their late Transactions have not some proportion with what the Israelites intended against the Tribes of Reuben Gad and the half Tribe of Manasseh when they had built an Altar of Memorial on this side Jordan And whether the same means if used by you for information of matter of fact as by them might not through the Lord's blessing have the same effect and thereby not only blood-shed be prevented but the work of Reformation carried on And truly though we shall not undertake to justifie the Army in their late Actions as being very unable to judge of such important Affairs not having been of the Council yet we hope that in the integrity of their heart and innocency of their hands they have done this thing which we apprehend to be the ground of your dissatisfaction And on this occasion we crave leave to remind you That as you were satisfied with the former Dissolution of this very Parliament in the year 1653. and were pleased to continue your Command at Sea in that juncture when as the undertaking of the late Lord General Cromwell was not so clear to others and through the blessing of God obtained two signal Victories against the Dutch even in that Interregnum so we earnestly desire you will hearken unto and receive satisfaction from the Officers of the Army in what they have to offer in this particular 3. We humbly offer to consideration Whether in your own observation it be not apparent that this Army have in their actings hitherto cordially designed the advancement of God's glory and the promoting and encouragement of godliness and vertue though in persons of different judgments and perswasions And whether the Cause of God and his people hath not hereby been preserved and maintained against all opposition 4. Whether by such undertaking if prosecuted the common Enemy in Scotland will not soon recover strength and become as obnoxious to England as in former times though of late through your singular Prudence Industry and Care they have been kept under And whether the espousing of an Interest distinct from your Brethren of the Army in England as is reported contrary to those righteous Principles that have hitherto been contended for will not instead of purchasing our desired Liberties render the good people of these Nations to a condition of perfect thraldom and bondage The state of Affairs being such in our weak apprehensions we have taken this freedom to unbosom our hearts to your Honour and shall earnestly pray they may take some place with you in order to the begetting of a good understanding and agreement between your self and your Brethren here that both you and they as also our selves in our several stations by Land and Sea may with one heart and consent be found doing the Lords work in this present Generation in opposition to all corrupt Interests whatsoever In attending whereunto a blessing may be expected from the Lord. In him we are Novem. 4. 1659. Your Honour 's humble Servants Richard Stainer John Lambert Tho. Bunn John Bourn Robert Clark Tho. Sparling Bartholom Ketcher Charles Wager Will. Goodson Anthony Earning Rich. Newberry Henry Fen Franc. Allen Nath. Brown Peter Bowen John Stoakes Robert Story Henry Pack John Grove Edw. Witheridge Richard Haddock Christoph Myngs Commissions granted to raise Voluntiers 10. Letters to Monk and his Officers to the same purpose from the Forces in Ireland It was agreed that three Commissioners of Monk's part should treat with three Commissioners on Fleetwood's part 11. Monk's three Commissioners coming to York discoursed there with Lambert and so far satisfied him of the reality of Monk's Intentions for Peace that Lambert sent Orders to stop his Forces from marching further Northward This being informed to the Committee of Safety it was moved to write to Lambert to advance with all his Forces speedily to Monk to indeavour to attaque him before he should be better provided and it was said by some that they suspected the reality of Monk's Intentions for Peace but believed rather that he sought delays This advice was not taken The Committee of Safety made this Order Whereas this Committee have thought it necessary for the better management of the publick Revenue of this Commonwealth to appoint several persons to be Commissioners of the Treasury and have directed a Commission giving them powers in that behalf to be engrossed to pass the great Seal of England These are therefore to authorize you to pass the said Commission under the said Great Seal accordingly For doing whereof this shall be your Warrant Given at the Committee of Safety at Whitehall the 11th of Novem. 1659. Signed in the Name and by order of the Committee of Safety A. Johnson President To Bulstrode Lord Whitelocke Keeper of the Great Seal of England They also made this Order Whereas this Committee have found it necessary for preservation of the peace and safety of the City of London to appoint several persons to be Commissioners for the Militia of the said City and Liberty thereof and have directed a Commission in that behalf to be engrossed to pass the Great Seal of England These are therefore to authorize you to pass the said Commission under the said Great Seal accordingly for doing whereof this shall be your Warrant Given at the Committee at Whitehall this 11th day of November 1659. Signed and delivered as the other 12. An account of their Forces given by the Militia of London and other Militia's to the Committee of Safety Monk's three Commissioners arrived to Treat 16. The Treaty proceeded with the three Commissioners of Monk and three of Fleetwood's and they agreed upon some Articles They agreed that a Committee of Nineteen should be appointed Five for England not Members of the Army which were Whitelocke Vane Ludlow Salwey and Berry and Five for Scotland St. John Wareston Harrington Scot and Thompson the rest for England Scotland and Ireland to be Members of the Army They to determine of the qualifications of Members of the Parliament That two Field Officers of every Regiment and one Commissioned Officer of every Garrison and ten Officers of the Fleet shall meet as a General Council to advise touching the Form of Government 16. This Argument was concluded Letters from the Commissioners in Ireland of the quiet posture there 17. Monk gave more cause of the suspicion of his design 18. Fleetwood was advised not to