whose Country Gustavus then was become Master of the Field but his Successes caused him to propound the harder Conditions to the Elector to hold his own Patrimony that he refused them but afterwards the King of Sweden by Mediation came to more moderate terms But that Business was cut off by the death of that King which in its time will be remembred This Term the business of the Death of Doctor Lamb was in the King's Bench wherein it appeared that he was neither Dr. nor any way Lettered but a man odious to the Vulgar for some Rumors that went of him that he was a Conjurer or Sorcerer and he was quarrelled with in the Streets in London and as the people more and more gathered about him so they pelted him with rotten Eggs Stones and other riff raff justled him beat him bruised him and so continued pursuing him from Street to Street till they were five hundred people together following of him This continued three hours together until Night and no Magistrate or Officer of the Peace once shewed himself to stop this Tumult so the poor man being above eighty years of age died of this violence and no Inquisition was taken of it nor any of the Malefactors discovered in the City For this negligence an Information was put into the King's Bench by the Attorney Noy against the Mayor and Citizens and they submitted to the Grace of the Court and were in open Court fined fifteen hundred Marks by the Common Law not upon the Statute of 28 Edw. 3. nor upon the Statute of 4 H. 8. This Trinity Term Judge Whitelocke fell ill of a Cold which so increased upon him that he was advised to go into the Country whereupon he took his leave of his Brethren the Judges and Sergeants and was cheerfull with them but said to them God be with you I shall never see you again and this without the least disturbance or trouble of his thoughts And soon after he came into the Country on 22th day of June he died and in his death the King lost as good a Subject his Country as good a Patriot the Peeple as just a Judge as ever lived all honest men lamented the loss of him no man in his age left behind him a more honoured Memory His Reason was clear and strong and his Learning deep and general he had the Latine Tongue so perfect that sitting Judge of Assize at Oxford when some Foreigners Persons of Quality being there and coming to the Court to see the manner of our proceedings in matters of Justice this Judge caused them to sit down and briefly repeated the Heads of his Charge to the Grand Jury in good and elegant Latin and thereby informed the Strangers and the cholars of the ability of our Judges and the course of our proceedings in matters of Law and Justice He understood the Greek very well and the Hebrew and was versed in the Jewish Histories and exactly knowing in the History of his own Country and in the Pedigrees of most Persons of Honour and Quality in the Kingdom and was much conversant in the Studies of Antiquity and Heraldry He was not by any excelled in the knowledge of his own Profession of the Common Law of England wherein his knowledge of the Civil Law whereof he was a Graduate in Oxford was a help to him his learned Arguments both at the Bar and Bench will confirm this truth Soon after the death of this Judge there died a great Church-man Abbot Archbishop of Canterbury in a good old age and left behind him the memory of a pious learned moderate Prelate and in his room succeeded Laud then Bishop of London who was in eminent favour with the King as appears by this Translation of him to the Metropolitan Dignity of the Church of England to be Archbishop of Canterbury Some of our Stories relate that not long after his Translation to the See of Canterbury Laud was offered a Cardinals Cap from Rome but that he refused being as high already as England could advance him and he would not be second to any in another Kingdom This new Archbishop in the end of Summer about Michaelmas came from London to Oxford there to attend the King and to entertain him in the University where Laud was also Chancellour Collonel Saunderson was sent by our King with two thousand English to the Emperor of Rushia to assist him against the King of Poland He was there upon a private difference between them basely murdered by Colonel Lesley a Scotch-man The Muscovites were overthrown by the Polanders no Justice done upon Lesley but he came to this deserved end that he was thrown down from a Tower upon the ground and so died The Protestants in Ireland were discontented at the grace and favour shewed to the Papists there the Lord Wentworth was sent over as Deputy in that Kingdom to settle the Affairs and People there The King of Sweden proceeded successfully in Germany till the Battel of Lutzen where he was slain some say by one of his own people others say by the Enemy in the fight he was trampled under foot by the horse so that his body could hardly be known Papenheim was slain in the same Battel The Swedes contrary to expectation and course of others at the death of their King were so inraged that falling furiously upon the Imperialists they gained a great Victory Anno 1632 A little after this the Prince Elector King of Bohemia dyed as was supposed of the Infection of the Plague which he had taken at Coloign or at Mentz Wallestein was suspected of treachery to have designed a conjunction with the Swedes against the Emperor and was suddenly murthered by Butler a Scotchman This year dyed three Kings Sigismund King of Poland and Gustavus Adolphus King of Sweden and Fredericke King of Bohemiā besides many great persons both in England and in Foreign parts of every Degree and Sex The King sent the Earl of Leicester Ambassador to the King of Denmark to condole the death of his Mother and to demand a portion due to our Queen and to the Queen of Bohemia according to the Law of Denmarke About this time Mr. Prinne published his Book called Histrio-Mastrix by Lycence of Archbishop Abbot's Chaplain which being against Plays and a Reference in the Table of the Book to this effect Women actors notorious Whores relating to some Women actors mentioned in his Book as he affirmeth It hapened that about six weeks after this the Queen acted a part in a Pastoral at Somerset house and then the Archbishop Laud and other Prelates whom Prynne had angered by some Books of his against Arminianism and against the Jurisdiction of the Bishops and by some Prohibitions which he had moved and got to the high Commission Court These Prelates and their Instruments the next day after the Queen had acted her Pastoral shewed Prynne's Book against Plays to the King and that
but it is for the People's sake A reverence to the person of the Judge procures a reverence to the Law pronounced by him but I shall hasten to speak a few words of the duty belonging to your Office as you are the Chief Judge of this Court and in your Circuits and other publick imployments in the Common-wealth For the duty of a Judge there cannot be a better direction than that Council which Iethro gave to Moses for the appointing of Judges That they should be men of Courage and men of truth fearing God and hating Covetousness For Courage I remember in a speech upon the like occasion with this of a Judge whose memory I have particular cause to honour That the life of a Judge is Militia quaedam if not Martyrium quoddam in both which Courage is requisite against the assaults of Friends of family of servants and the many importunities and temptations which he shall meet withal and a Martyr he must be in bearing the provocations censures scandals and reproaches which will be cast upon every Judge one Party being always displeased and not sparing especially in these times to censure the Judgment be it never so upright He must want no Courage to resist even the highest and greatest Powers The Stat. 2 E. 3. cap. 8. saith it is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay Common right and though such Commandment do come the Justices shall not therefore leave to do right in any point and to execute this Law requireth Courage Pursuant to this is the Statute 14 E. 3. c. 14. and the Parliament Roll 45 E. 3. n. 44. and 2 R. 2. n. 51. and all these are only declaratory of the Common Law as is evident before any of these Statutes by the close Roll 7 E. 2. M. 15. where in a Writ to the Chief Justice of the Common-Pleas the King commandeth quod propter aliquae Mandata vobis sub magno aut privato Sigillo they should not forbear to do right Justitiam nemini denegando nec ctiam deferendo and in our Books 1 E. 3. fol. 26. and 2 E. 3. fol. 3. if the King command the Judges to do that which cannot be done by Law they shall not do it According to Magna Charta nulli negabimus nulli deferemus Justitiam vel rectum and this the words of your Oath enjoyn The old Law of Edward the Confessor in Lambert fol. 38. commands the Judges to be equal to all nec quicquam formident quin jus Commun◠audacter libereque dicant For this we have an excellent President in Matthew Paris fol. 971. 41 H. 3. who relates that nobiles firmius confaederati constituerunt sibi Justitiarium virum ingenuum militen◠illustrem legum terrae peritum Hugonem Bigod qui Officium Justitiarii strenue peragens nullatenus permittat jus regni vacillare this is good Example of a Chief Justice and this jus regni is highly intrusted with every judge and I doubt not but that your self who have this trust hitherto so well performed and the rest whom the Parliament shall preferr will perform this great trust with Courage against which fear is not admitted for an excuse for so is the Petition of the Commons in the Parliament Roll 1. H. 4. n. 47. That the Lords nor the Judges be not received in time to come for their excuse to say that they durst not do or say the Law or their intent for doubt of Death because ils sont plus temis de raison de garder leur serment que de doubter mort ou aucune forfeiture one word comprehends all upon this subject in the first of Deuteronomy a Judge must not fear the face of man In the next place they are directed to be men of truth for the finding out whereof there are many incidents requisite as first Learning In the Parliament Rolls 17 E. 3. the Commons petition that none may be made Justices but men of Learning and King Alfred took great care in appointing and examining his Judges that they should be Learned as Asser Menevensis testifies and Bracton saith of an unlearned Judge ex alto corruit quia volare satagit antequam pennas assumat The Parliament have manifested their care for the choice of Learned persons to be Judges witness your self Mr. Serjeant and those reverend Brethren of yours whom you will find upon the Benches men able to understand and convince the subtleties of any arguments tending to obscure the truth and thus Judges ought to be qualified Industry is as requisite for the finding out of truth the burden of our profession growes the heavier when we are the less able to bear it a Judge is more conversant with his Books and more spent with travail and attendance upon the affairs of others in his old Age than was required of him when a young Student Oportet Judicem cuncta rimari Patience is also necessary for the finding out of truth when the Judgment is clouded with passion the truth will not be clearly discerned the digest directs a Judge not to give opprobriosa verba to any in Judgment no impertinences importunities clamours nor reproaches must move him he is to learn from the unbeseemingness and intemperances of others passions the better how to govern his own He must also be patient in allowing sufficient time both for that which is not material as for that which is the distinction is not easy but by the discretion and ingenuity of Councel ' The Law of Henry 1. in Lambert 186. saith ipsi co-agentes frequenter interrogandi sunt an amplius dicere velint an inde judicari quia multa per surreptionem eveniunt the words of our Judgments are significant to this purpose and shew the patience of your predecessors visis plenius intellectis maturà deliberatione habit◠consideratum est This was of so high esteem among the Romans that Cicero affirms Sola Judicis justitia est patentia and surely that Judge doth seldom determine justly that doth not hear patiently Advice is very requisite for knowing the truth and it hath been the custom of the reverend Judges in doubtful Cases to have the opinion and advice of their Brethren according to that direction 1 E. 3. fol. 11. where one Judge tells his Companion that he should not begin a new thing until he had heard his fellows 7 H. 6. a Judge of the the Common-Pleas sent into the Hall to know the opinion of the Judges of the Kings Bench and of the Barons of the Exchequer in a Cause then before him In the Raign of E. 2. and upwards when any difficulty was then all the Judges and Sages of the Law determined it and their Assembly and resolution was entred in the Roll. In the great Case of the Quare Impedit between the King and the Prior of Worcester concerning an appropriation the record saith ad quem diem c. examinatis
volley of Shot The Parliaments Forlorn hope seeing the Dragoons ingaged gave fire whereupon the enemy gave fire all along the Hedges and Works and the reserve to the Forlorn Hope came up to relieve them and being so ingaged the whole Army advanced and about eight at night the Battle began about six fields from the Town and they fought from hedge to hedge till the enemy were beaten into their Barricado's Which they maintained for an hour after very resolutely and often times repulsed the Parliaments Forces yet at last they got over the Barricado's and forced the Enemy into the Town whereupon the Horse were let in who scowring the Streets were received by the enemy and a hot charge given by both Parties Yet at last the enemy was driven out of the Barricadoes at the farthest end of the Town and by this time many Prisoners were taken by the Parliaments Forces and put into the Church but far more escaped being dark over the hedges and by-ways throwing down their Arms and every man flying several ways The Parliaments Forces were no sooner possest of the Town but the enemies Magazine which they left in the Church was fired whether on purpose by them or by accident is uncertain but it proved a terrible blow blowing up the Church with all the Wood and Lead upon it deforming many Houses killed some of the Prisoners in the Church and some of the Parliament Soldiers in the Church-yard two great webs of Lead fell within twice a Horse length of the General many others were hurt with the stones timber and lead Most of the Town was shaken by this blow being the terriblest that hath been seen there being above eighty barrels of powder blown up together The enemy perceiving their Magazine thus on fire gave one Charge more with their Horse commanded by Sir John Digby but being fired upon by the Musquetiers they took their farewell the Parliament horse instantly advanced through the Town after them and began the pursuit about eleven at night The Infantry were taken slain and totally routed the Horse many taken and dispersed and the rest gone in great disorder towards Cornwall they had eight Regiments of Horse two thousand five hundred or three thousand men very resolute and fought valiantly and after they were chased from hedge to hedge defended their Barricadoes and Works at push of pike and the butt end of their Musquets They were old Cornish Foot many of the Parliaments Men were wounded Officers and Soldiers more than hath been at any Storm since the Army came forth The Parliaments first Word was Emmanuel God with us and a Furse-bush in their hats the Enemys Word was We are with You and a handkerchief tied about their right arm they having gotten the Word and Signal of the Parliaments Army they took a second Word which was Truth and a handkerchief or white mark in their Hats The particulars of this great Victory were not ready to be sent up with these Letters 20. Both Houses agreed upon several Votes for the chusing of Elders in the Church-Government The two Messengers that brought the news of the success of Torrington had forty pound for a gratuity A Passage at the Common Council of London referred to a Committee to be examined 21. Letters from Sir Tho. Fairfax informed the particulars of the great success at Torrington Six hundred Prisoners taken many of them of Quality Eighty of the Princes Life-guard Thirty of Hoptons Life-guard Three thousand Arms taken Hopton shot in the thigh Sir John Digby wounded in the head others of note wounded Divers of the enemy slain in the Fight and in the Church by firing the Magazine Eighty Barrells of Powder blown up in the Church done purposely and twenty pound given by the Enemy to one of their men to do it Twenty of the Parliaments Party slain in the Fight and at the firing of the Magazine and an hundred wounded All the Enemies Bag and Baggage and Provisions taken The Messenger had twenty pounds for a reward 23. A Gratuity of fifty pounds to the Messenger from Sir T. F. A day of thanksgiving appointed Debate about the business of the Navy and the Officers for the next Summers Fleet voted one by one Eight Colours were taken and brought in from Torrington-Battle one the Lord Hoptons with this Motto I will strive to serve my Soveraign King about a hundred of the Enemy slain Lord Hoptons Commission taken and Sir John Digby's and other Papers five hundred pound in the Lord Hoptons Quarters and much rich pillage Many of the Kings Party came in to Sir Thomas Fairfax who prepared to follow the broken Troops into Cornwall where they had in all but four hundred Foot Sir Tho. Fairfax blocked up Barnstable and took in the Earl of Bathes House neer it his Forces took two Ships with ten pieces of Ordnance and ten tun of Salt Letters from Sir Thomas Fairfax to the Parliament desiring two Months pay for his Army that they may not take free Quarter in Cornwall and desires care may be taken that the Oxford Horse may not infest the Countries thereabouts whilst his Army was in the West The House made effectual Orders in these things and for recruits for the Army The Forces besieging Banbury were about three thousand and about three hundred in the Castle the Parliaments Forces Quartered in the Town and the Enemy made some Sallyes but were beaten back Col. Fleet-wood fell upon the Kings Quarters neer Wood-stock took fifty Horse and divers Prisoners 24. An Ordinance debated for discharging the Ward-ship of the Heirs Males of Sir Christopher Wray late a Member of the House according to a former Vote for discharging the Wardship of those who died in this War in the Parliaments Service Upon debate hereof the Original of Ward-ships and the misapplication of the intention of Ward-ships and the present oppression to the Families of Noble-men and Gentle-men by Ward-ships being opened to the House by Selden Maynard St John Whitelocke and other Lawyers the House passed a Vote That the Court of Wards it self and all Ward-ships Tenures Licenses for Alienation c. should be taken away and the Lords concurred therein The Ordinance for the Northern Association was continued Order for fifty thousand pound out of the Excise for Sir Tho. Fairfax's Army in Cornwall Articles for the Surrender of Ashbe de-la-zouch were sent up to the Parliament and a debate upon them whether the Estates of the Earl of Huntington Col. Hastings and Col. Perkins should be discharged of Sequestration which the House did agree unto Some of the Garrison of Newarke Sallied out and took twenty four of Captain Markhams men and horse in their Quarters Letters from Bristol informed that the Governor of Cardiffe for the Parliament Col. Prichard and Col. Leyton betook themselves to Cardiffe Castle and kept that with their Forces that the Vice-Admiral came and shot six pieces to the Castle to let them know that in that time
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
and unlicenced Pamphlets and for punishing the Authors Printers and Publishers of them Resolved that the Singing-Psalms be not for the future Printed with the Bible Confessed by the Mutineers at Oxford That they exepected 6 or 7000 to joyn with them out of Northamptonshire and those parts 6000 out of the West many thousands and the whole Army to joyn with them and to have these things done 1 For Agitators to be set up again at the Head Quarters 2 That Tithes be taken away 3 That the Laws be Englished and another way of Justice to be in the respective Counties 4 That the Excise be put down 5 That Prince Charles be brought in That they had store of Money promised them upon the desire of C. Ingoldsby to the General Some of the Mutineers of his Regiment were pardoned and some of the Officers were Cashiered who did not come in to him when he commanded them against the Mutineers Letters from Scotland That the Parliaments Successes in Ireland had caused a stop of Affairs in Scotland That all their Eyes are upon Cromwel That the levying of their new Army did not proceed hastily Letters from Ireland That Sir Charles Coot was marched out of Derry with 1500 Foot and 400 Horse and had cleared the Country 14 Miles about and got into the City great store of Provisions 21 Order for Mony for poor Widdows and Souldiers Wives The Act past for taking the Account of the Kingdom Referred to a Committee to provide some Accommodation for the Earl of Denbigh near Derby House in satisfaction of his right to the Wardrobe The House adjourned 22 Letters from Leverpool That the Lord Lieutenant had taken Tredah and put all to the Sword that were in Arms there and that 180 of Inchequins Men were come in to the Lord Lieuteant Letters that divers of the levelling Party were taken at Brinnicham Twenty Horse of Hinds Company the great Robber committed fourty Robberies about Barnet in two Hours Divers Moss Troopers taken Letters but nothing certain of the taking of Tredah Referred to the Councel of State to order the Militia of the Kingdom for the present till a further Act of Parliament be agreed upon for it and an Act ordered to be drawn up accordingly 25 Debate touching an Adjournment for certain Dayes and about a New Representative but nothing resolved upon it An Act for punishing of Crimes committed upon or beyond the Seas ordered to be published 26 Governours named for the School and Alms-Houses of Westminster the Earls of Pombroke Salisbury and Denbigh Mr. Prideaux Lord Commissioner Whitelock Lord Commissioner Lisle Mr. St. John and divers others Letters from the Lieutenant General to the Parliament giving an Account of the proceedings against the Mutineers at Oxford Order for thanks to Major General Lambert C. Ingoldsby and the rest of the Officers for their good Service therein Letters that Sir Charles Coot kept the Field and not any considerable Party of the Enemy gave him Opposition The Church of St. Martins in the Fields was robbed and much Plate and Mony taken out of it and the Church of Waltham Abbey was also broke open and robbed 27 The Declaration published concerning a happy Roformation against Malignants Levellers and such as would bring in Monarchy and Tyranny again and that they would have respect to tender Consciences who go according to the Rule of Gods Word Order for speedy bringing in the Fines of Delinquents and for the 20000 l. Fine upon North-Wales to be paid to the Committee of the Army for the Service of the Army Referred to the Councel to appoint Persons in every County with Power to suppress Insurrections and Tumults A Day of Humiliation kept by the Officers of the Army for the Atheism and Prophaneness which was crept into the Army The Declaration passed touching the business of Oxford and other Designs of the Enemy against the present Authority and of the good Success in Ireland and in England and to remit the Crimes of many against the present Authority by discharging them of Imprisonments and Prosecution against them and referred to the Councel of State to consider who are fit to be discharged accordingly Letters from Mr. Peters thus Sir The Truth is Drogheda is taken 3552 of the Enemy slain and 64 of ours Col. Castles and C. Symonds of note Ashton the Governour killed none spared we have all Trym and Dundalk and are marching to Kilkenny I came now from giving thanks in the great Church We have all our Army well landed I am yours Hugh Peters Dublin Sep. 15 th Letters that one Den a Leveller formerly condemned by a Councel of War at Burford to be shot to death and afterwards pardoned hath raised a Tumult in Sturbridge against the Commissioners of Excise and got together 300 Men armed with Muskets Swords c. who fell upon Captain Prescot a Commissioner in his Quarters shot him in three places took from him the rest of the Commissioners and Souldiers all their Money Horses Arms and Cloaths The General wrote to the Governour of Stafford to apprehend Den and to suppress the Tumult 28 The business of the Tumult at Sturbridge by Den continued in the hight of it and they sent into the Neighbouring Towns to come in and joyn with them and be et up Drums for that purpose but few came in to them 29 Letters from Cromwel Sir It hath pleased God to bless our Endeavours at Drogheda after Battery we storm'd it The Enemy were about 3000 Strong in the Town They made a stout Resistance and near 1000 of our men being entred the Enemy forced them out again But God giving a new Courage to our Men they attempted again and entred beating the Enemy from their Defences The Enemy had made three Retrenchments both to the right and left where we entred all which they were forced to quit being thus entred we refused them Quarter having the day before Summoned the Town I believe we put to the Sword the whole number of the Defendents I do not think 30 of the whole number escaped with their Lives those that did are in safe Custody for the Barbadoes since that time the Enemy quitted to us Trim and Dundalk In Trim they were in such hast that they left their Guns behind them This hath been a marvelous great Mercy The Enemy being not willing to put an Issue upon a Field Battle had put into this Garrison almost all their prime Souldiers being about 3000 Horse and Foot under the Command of their best Officers Sir Arthur Ashton being made Governour They were some seven or eight Regiments Ormonds being one under the Command of Sir Edmund Verney I do not believe neither do I hear that any Officer escaped with his Life save onely one Lieutenant who I hear going to the Enemy said that he was the onely man that escaped of all the Garrison The Enemy were filled upon this with much Terror and truely I believe
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