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-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
Judges were sent for to be consulted with touching the Tryal of the Lord Audley who was Indicted for a Rape committed upon his Wife with his assistance by one of his own Servants and for Buggery The Tryal was very solemn before the Lord Keeper made Lord High Steward for that day and eight Judges Assistants and twenty seven Peers the Jury or Judges of the Fact The Matters were of the most horrid and foul wickedness that ever was heard of and therefore I have esteemed it not convenient to preserve the memory of the particulars of such infamous and beastly Abominations By Letters from the Lord Keeper all the Judges of the King's Bench were required to come up to London and the business was for their Advice touching the Conference had in Germany between certain Scots about making of the Marquess Hambleton Head of a Party against the King and his Kingdoms of England and Scotland and what was sit for the King to do thereupon The Lord Rea a Scotch Baron did Impeach Ramsey and Meldram for moving him to this Conspiracy They denied it punctually and no Witness could be produced Ramsey a Souldier offered to clear himself by Combate that he was innocent and the Appellant Rea accepted of the Challenge The King was desirous it should be put upon a Duel and the Judges were consulted with 1. What the Offence was 2. Where the Tryal should be 1. They all with the Lord Keeper were of Opinion That it was an high and horrible Treason if that in the Examinations were true 2. That the Tryal might be by an Appeal of Treason upon which Combate might be joyned but that the King must make a Constable durante bene-placito for the Marshal could not take the Appeal without him and that it must be after the manner of the Civil Law the Judges not to intermeddle Car. 6 The Judges were also of Opinion That this proceeding before the Constable and Marshal was as it was before the Stat. 35 H. 8. c. 2. and that that Statute devised a way how to try foreign Treasons in England but did not take away the other and that the Stat. 1 Mar. cap. 10. did not take it away nor intend it and that a Conviction in this Appeal was no corruption of Blood nor a forfeiture at the Common Law According to the advice of the Judges there was a Court of the Constable and Marshal appointed and the Earl of Lindsey made Constable for that purpose and the proceedings between Rea and Ramsey in that Court were very solemn and multitudes of people attending that Novelty In this Tryal it was delivered for Doctrine That if the Defendant do send a Challenge to the Appellant it is a proof of the Defendant's guilt That no Testimony is to be neglected in matter of Treason And the Story in Livy was cited That it is not base to undergo any Office to save a Nation but that it was unbecoming a gentle-man to fish for Circumstances and then to be an Informer That in France the holding up of the Hand is taking an Oath and in this Case it was urged That if Ramsey be guilty of Treason that Rea is so likewise for that both did speak the words in the Accusation The Business was taken up by the King through the interest of the Marquess Hambleton whose Servant Ramsey was and the Lord Rea returned to his Command under the King of Sweden in Germany Sir Nicholas Hyde chief Justice of the King's Bench died in August this year he was promoted to that place by the Duke of Buckingham and demeaned himself in it with good Integrity and prudence in those difficult times he was somewhat reserved and not affable In Michaelmas Term certain Questions were propounded to the Judges touching the Clergy 1. Whether Clergy-men were bound to find Watch and Ward Day or Night To this the Answer was deferred till the Judges had informed themselves of the practice in the Countries where they went Circuit 2. Whether Clergy-men might be compelled to take Apprentices by the Stat. 43 El. of the Poor On this all agreed that no man was out of the Statute but there was a discretion to be used in the Justices of Peace to consider where it was fit to put the Child to be kept and where it was fitter to take money toward the putting of it out And it was held that the meaning of the Statute was not for the Education of them in Arts but for Charity to keep them and relieve them from turning to Roguery and Idleness so a man's House was as it were an Hospital in that case rather than a Shop of Trade for they might be brought up to Husbandry Cookery Dayery and the like Services in an house This Case I have reported because it sheweth somewhat of the expectation and temper of the Clergy in that time The same likewise appeared by proceedings against some of the University of Oxford for Sermons preached by them against Arminianism and upon other Points of Religion then in Controversie upon which divers of them were censured and some expelled the University Much difference of Opinion was also preached and published touching the Observation of the Lord s-day And in the North they kept their Wakes and Ale-meetings upon the Sabbath-day Whereof complaint being made at the Assizes Judge Richardson was so hardy as to make an Order to suppress them But the Bishops took this as an Intruding upon the Ecclesiastical Power and Bishop Laud complaining of it to the King the Judge was checkt and occasion was taken from hence to republish the former Book for allowance of Pasttimes upon the Lord's-day which was not very pleasing to many who were no Puritans as well as to them generally About this time the Repair of Pauls was set on work chiefly by the Zeal of Bishop Laud and new Images and Ornaments other than formerly were set up to the discontent of many persons The King came himself to this Church and made a kind of Procession to view it and granted a Commission to some Bishops and others to have a Contribution and to see the Work done Some affirm that about Eighty thousand pounds was gathered for it and Sir Paul Pindar is remembred to have laid out Nineteen thousand pounds of his own Money towards it A piece of London Bridge was burnt down The King fell sick of the Small-pox but was well recovered again to the joy of his Subjects Anno 1632. Car. 8 The Chancellor of Poland came Ambassador hither for Assistance against the Turks and got some Money and two thousand Men of our King He was bred up a Lawyer and at length came to be a principal Civil Officer of Justice and was also at the same time a great Commander in the Army In November our Queen was brought to Bed of the Princess Mary Our King sent an Ambassador to the King of Sweden in behalf of the Prince Elector in
mightily increased the Scots Successes animated other Subjects to their illegal Pretences and impious Actions and in this time of the King's absence in Scotland the Irish Flames of Rebellion brake forth having been thus kindled The last year the Parliament at Dublin sent a Committee hither with a Remonstrance to the King of their Grievances and Pressures under the Government of the Earl of Strafford whom they had accused of high Treason The King gave them most favourable Answers and Redresses and parted with much of his own to give contentment to his Irish Subjects Mr. Wainsford Deputy there to the Earl of Strafford Lieutenant being dead the King by Commission constituted the Lord Ditton and Sir William Parsons in the Government there but finding Ditton not well liked he made Sir William Parsons and Sir John Borlace generally approved to be the Lords Justices there These applyed themselves to give all satisfaction to the people they abated the Subsidies given in Strafford's time from 40000 l. to 12000 l. Passed an Act of Limitation much desired to settle all Estates for sixty years precedent and another for relinquishing the King's Right found for him by Inquisition to four Counties in Connaght and other Territories He declared the Earl of Leicester Lord Lieutenant of Ireland and the Papists there were permitted a private enjoyment of their Religion and a general good Agreement was had between the English and Irish In this Security the Irish Army was disbanded after which and in the King's absence in Scotland about October 23. there brake forth so horrid black and flagitious a Rebellion in Ireland as cannot be parallell'd in the Stories of any other Nation This was fomented and contrived by their Popish Priests and Lawyers some of their Maxims in Law were That any one being slain in Rebellion though found by Record gave the King no Forfeiture That though many thousands were in Arms and exercising the violences of War yet if they professed not to rise against the King it was no Rebellion That if one were Outlawed for Treason his Heir might reverse the Outlawry and be restored These and the like Tenets they published in their Parliaments and endeavoured a Suspension of Poyning's Act and the Act for annexing that Kingdom to the Crown of England and assumed a power of Judicature in Criminal and Capital Causes to be in their Parliament They took advantage of the Scots Sucesses of their Favourers in England and our Distractions here of the disbanding the Army there and the Death of the Earl of Strafford They raise Forces give out that the Queen was in the head of them and the King was coming with an Army to them and the Scots had made a League with them that they were authorised by the King's Commission and asserted his Cause against the Puritans of England To their Country-men they scatter Advertisements out of England of a Statute there lately made That all Irish shall come to the Protestant Worship on pain of loss of Goods for the first Offence of Lands for the second and of Life for the third Offence They give them hope to recover their Liberties and ancient Customs to shake off the English Yoke to have a King of their own Nation and to possess Goods and Estates of the English These Motives they published in Print That the King and Queen were curbed by the Puritans and their Prerogatives abolished which these as loyal Subjects take to heart and that the Catholick Religion is suppressed in England and the Catholicks there persecuted with all rigour even to death and that the Puritans in Ireland have threatned to doe the same there That in Ireland the Catholicks are made uncapable of any Office to the decay of them in their Estates Education and Learning That the Government of their Country is in the hand of Strangers who come thither poor and mean yet soon rise to wealth and honour by oppressing the Natives That there have been threatnings to send Forces to compel the Consciences of the Irish and to cut their Throats and that the Catholicks are not allowed to have any Arms or Ammunition but the Protestants and Puritans may Vpon all which they saw no way but to attempt to seize upon Arms where they could get them to save their Lives maintain the King and Queen their Religion and Country Upon these pretences and manifest untruths they ground their taking up of Arms. The first suspicion whereof was by Sir William Cole who about Octob. 11. wrote to the Lords Justices of great resort to Sir Phelim Oneale and to the Lord Macquierre and they were exceeding busie about dispatches About October 21. He wrote another Letter to them of what some Irish had revealed to him of a design to seize the Castle of Dublin to murther the Lords Justices and Councel and all the Protestants there and throughout the Kingdom But this Letter came not to their hands When many of the Conspirators were come to Dublin and met there at a Tavern one Owen O Conelly an Irish-man but a true Protestant came to Sir William Parsons about Nine a Clock at Night with a broken relation of a great Conspiracy to seize the Castle the next morning and that Mac Mahon who was one of them had told him so much Parsons seeing Conelly distempered with drink gave the less credit to his relation but wished him to return to Mac Mahon to get out of him what he could further of the Plot and to return to him again that Night Yet he did not so slight the Information but that secretly he ordered strong Guards in several places and assembled the Councel where they expected the return of Conelly who coming to them was seized on by the Guards who had carried him to Prison and so prevented the discovery of the Plot had not a Servant of Sir VVilliam Parsons accidentally come by and rescued Conelly and brought him somewhat recovered of his drinking unto the Lords Justices and Councel who confessed that a few days before upon Letters from Mac Mahon he went to meet him at Connaght but he being gone to Dublin Conelly followed him thither and they two went to the lodging of the Lord Macquierre that by the way Mac Mahon told O Conelly that this Night there would be a great number of Irish Noblemen Papists in Dublin who with himself would take the Castle by Morning then force the City by the Ordnance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an Hour designed viz. to Morrow by Ten a Clock and that no posting nor speed could prevent it That Conelly moved Mac Mahon to discover it rather to the State to prevent the mischief But he answered He could not help it yet that they owned their allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and
much as one Son of the whole Estate of their Father thus divided by the Law Whereas with us every Possessor of an Estate hath Power to dispose of it by his Deed or by his Will as he pleases which must necessarily occasion the more Differences and Suits at Law upon Constructions of those Deeds and Wills and Contests of Parties claiming than where the Known Law gives a certain Rule and Distribution of Estates which none can alter Another Ground of what I say is the Freedom of our Nation where every one hath equal Right and Title to his Estate and there is as full a Propriety to the meanest as to the greatest Person which causeth our Countrymen to insist upon their Right and Priviledges and to contest for them with the greatest Men or the Prince himself if right of Law be on their Side This occasions many more Law Suits than do arise in those Countries where the Boors and Peasants do wholly depend upon the Will of their Lords to whom they are Slaves and dare not dispute any Matter of Right with him but tamely submit unto their Lords good or bad pleasure And though in some of those Northern Countries they have no Councellors at Law as a publick Prefession because the smallness of their Law Business will not maintain them and the great Lords are oft-times there Parties and Judges themselves Yet in Germany France Spain and other Countries the Doctors and Professors of the Laws are in great Numbers and Credit and gain vast Estates though by small Fees yet often taken and long continuing Whereof particularly in France there are many Precedents And if we look so far as the times of the antient Romans and Graecians their Lawyers will be found numerous and of Esteem among them and when their Common-Wealth enjoyed the greatest Freedom this Profession was in highest Reputation Sir The worthy Gentleman was pleased to mention one thing with some weight that Lawyers were permitted to Councel and to plead for Men in Matters touching their Estates and Liberties but in the greatest Matters of all others concerning a Mans Life and Posterity Lawyers were not permitted to plead for their Clients I confess I cannot answer this Objection that for a trespass of 6 d. value a man my have a Councellor at Law to plead for him but where his Life and Posterity are concerned he is not admitted this Priviledge and help of Lawyers A Law to reform this I think would be just and give right to People What is sayed in defence or excuse of this Custom is That the Judges are of Councel for the Prisoners and are to see that they shall have no wrong And are they not to take the same Care of all Causes that shall be tryed before them To that part of the Gentlemans Motion that Lawyers being Members of the House should during that time forbear their Practise and pleading I shall only give this Answer That in the Act which he may be pleased to bring in for this purpose it may likewise be inserted that Merchants shall forbear their trading Physitians from visiting their Patients and Country Gentlemen shall forbear to sell their Corn and Wool whil'st they sit as Members of this House which hath the same reason as to debar Lawyers from their Practise But I doubt Sir I have held you too long my Profession and the Subject matter of the Debate will plead in my excuse and I hope Sir that by your Prudence such Motions as these will be less frequent among us December 1649 Decemb. 1 The Affairs in Ireland went on prosperously and Cromwells Honour increased with his Successes The Treaty between the Scots and their King began to grow to some Head and was very likely to take Effect The Parliament went on in their usual way debating Acts making Reference to the Councel of State for the raising of Money and providing Supplies for their Forces in Ireland and for the standing Army and Garrisons in England A List prefented to the Parliament of divers Regiments and Garrisons who have subscribed the Ingagement 10 Letters that every Officer and Souldier subscribed the Ingagement and that it was so unanimously done by them that not one of a thousand did scruple the Signing of it 11 The General Councel of the Army being careful that the Souldiers should not be injured in reaping the Benefit of the late Act for sale of the Lands of the late King Queen and Prince made several Votes For a Letter of Attourney to be sent to the several Regiments Troops Companies and Garrisons of the Army and to the Forces in Ireland and other Forces not of the Army who are Original Creditors and have Interest in the Security That Attournies may be authorized for the purchasing of those Lands according to the Act with the Opinion and Advice of the Councel concerning the Letter of Attourney to be sent to every Regiment of the Army and to be Signed by them The General and Officers of the Army met at Somerset-House according to appointment to meet every Month to seek God for a Blessing upon the Army both in Ireland and here Letters from Ireland of the further Successes of the Army there which were to this Effect On the 15th of November Our Army marched over the River Barrowe into the County of Kilkenny towards the Enemy about 300 of their Men lay at Emstronâ— a Party of the Parliaments Horse and Dragoons were sent thither in the dusk of the Evening At first the Enemy vapoured over the Wall but when the Dragoons had set fire to the Gate it so quasht them that they presently quitted the Town and escaped by Boats over the Water leaving the Town to the Parliaments Men to plunder and possess it The Parliaments Army still advanced towards the Enemies Body who upon their approach brake down the Bridge at Thomas Town and this Winter Season the Foords were unpassable so that the Parliaments could only have a Sight of the Kings Army but could not come to joyn Battle with them nor proceed in â—heir Designs for Kilkenny In their March back they took Cnoctofer Castle and put into it thirty Horse and twenty Dragoons but recalled them the Castle being too far into the Enemies Countrey On the 19th Captain Reynolds was sent with a Party of Horse and Dragoons unto Carrick a walled Town where is a fair House of the Lord Ormonds in the Town was a Regiment of Foot and two or three Troops of Horse The Dragoons after a little dispute set Fire to the Gate and the Enemy both Horse and Foot quitted the place and escaped over the Water only some eighty Welchmen who were in the great House submitted to Mercy and took up Arms with the Parliament On the 21st The Army marched to Carrick to pass over the River where it is fordable And 32th November the Parliament incamped before Waterford presently the Lieutenant General with some Horse and Dragoons marched to Passage
the Great Seal do grant a Writ of Ad quod damnum touching a Fair to be kept in North Auckland in Durham Order that the Record of the Court of Wards be transferred into the Exchequer to be under the care of Humphry Salwey Esquire Order for Mr. John Owen to be Dean of Christ-Church in Oxford Debate touching managing of the Treasury of the Common-wealth for the best advantage thereof and of providing Money for the Forces Report of the discovery of a dangerous Plot in the Northern Counties in complyance with the Scots and Malignants for raising a new War especially in and about Lancashire Vote that M. G. Harrison do forthwith advance with a considerable Body of Horse and Foot for security of the North. One Cook apprehended for conspiring to destroy the Parliament and being brought into the Room next the Gouncel escaped from thence Resolved that whosoever should discover Cook and return him in Custody should have 500 pound 19 Letters of the Pyracies committed by those of Jersy and Scilly 20 An Act passed for the apprehension of Thomas Cooke Esquire who was lately apprehended by Warrant from the Councel of State and made an escape from them The Sheriffs of London and Middlesex to proclaim the Act. 21 Letters That one of the Frigots belonging to the Barbadoes Fleet brought into Plimouth an Irish Prize of the value of 10000 l. An Account of Recruits ready for Ireland 22 Letters That the Scots came with 600 Horse to beat up the English Quarters about Lithgow but were beaten back and some Prisoners taken That the Books and Goods belonging to the King and Register were taken by the Parliaments Ships and another Ship laden with Oats Meal and Provisions going for Fife and 22 Prisoners taken That one Boston of Captain Lloyd's Company was Cashiered for holding some dangerous Opinions as That God was Reason c. That the Lord President of Connaught did bring out of the Enemies Quarters 600 Cows without any loss That a Bark of Cloaths for the Soldiers was by the Master betrayed to the Scots That the Governor of Leverpool secured several Gentlemen thereabouts suspected to be in the New Plot. April 1651. Lettert That the Gentlemen who were sent Prisoners to Edenburgh about a Fortnight since for raising Men and sending Arms to the Enemy refused to subscribe to live quietly being afraid of the Kirks Excommunication That an eminent Lord perswaded the King to be content to be King of Scotland only but that Advice was husht That the Scots had a Rendezvouz of 8000 Horse and 4000 Dragoons and the King in the Head of them and That their Design is supposed to be to pass by the English Army into England That Lieutenant Colonel Crooke's Man was Sentenced to be hanged for killing of a Scotchman not in Arms. That Middleton was coming up to Sterling with 8000 Men. Letters That the English Ambassadors at the Hague delivered in a Paper to the States Commissioners concerning the Affronts offered to them by Prince Edward the Palsgrave's Brother That the States sent to the Prince to appear before them but he disputed their Authority to send for him being a stranger-Prince yet upon a second Summons he ingaged upon his Honour to come to them but did not and went away to his Brother That one Apseley a desperate Cavalier at the Hague came to the Lord St. John's House and earnestly desired to speak with him about Matters highly concerning his Safety and being admitted into his Chamber where divers of his Gentlemen were present Aspeley desired That they might withdraw that to avoid Discovery of what he said they two might be private whereupon my Lord Ambassador bid them all withdraw but Mr. St. John his Kinsman suspecting Apseley would not withdraw but staid in the Room to observe and watch Apseley That Apseley made a long Discourse to the Ambassador of a Plot to take away his Life but told him no Particulars and seeing Mr. St. John continue in the Room he abruptly took his leave and went away That his Design was to have strangled the Ambasiador and for that purpose had a Rope ready wound about his wrist and a way was contrived for his Escape after he should have done this Fact at which he was very dexterous by getting out of a Window where divers of his Crew were ready to receive him That failing of his Enterprize when he went away he spake friendly to one of the Ambassadors Gentlemen to go a little way with him which he did and when Apseley had him alone he threw the Rope over his Head but the Gentleman strugling his Periwigg came off and the Rope with it and so the Gentleman escaped That the States were acquainted herewith and ordered Apseley to be apprehended but he fled away and one of the Lords came to the Ambassadors to acquaint them what the States had done touching him and Prince Edward and That they were both fled and That the States would be ready to prevent any such Affronts to their Lordships That the States Commissioners came to the English Ambassadors to treat with them touching their Proposals and desired the Amity and League between the two Nations to be continued and renewed but as to the Words in the Proposals a more intimate and strict Alliance they have not yet answered Anno 1651 They offered the English Ambassadors to ha vethe States Arms set over their Doors for their Protection but the Ambassadors refused it 15 An Act passed for continuing the Assessment of 120000 l. per mensem for six Months An Act committed for making void divers Honours granted by the late King Dr. Gourdon and Capt. Lymbrey added to the Councel of Trade and all of that Councel to take the Engagement Letters That the Army in Ireland had not taken the Field for want of Grass for their Horses That the Lord Deputy appointed a Fast for three weeks on every Thursday That the Lord Deputy gave leave to the Spanish Agent to raise 20000 among the Rebels and transport them for his Masters Service some persons being excepted That many Recruits were come over That more Corn was sown than formerly by reason that Liberty was given to any of the English to sow and reap in the Lands of the Irish who would not sow them 16 The Lord Beauchamp Lord Bellasis and the Lord Chandois were committed by the Councel of State upon suspition of designing new Troubles 17 Letters of the Jersey Pyrates taking two Barks laden with Corn and Timber in sight of Portland That Lieutenant Colonel Clarke with Nine Companies of Foot set Sail from Plymouth for Scilly Islands Of Recruits shipped for Ireland That Van Trump came to Pendennis and related That he had been at Scilly to demand Reparation for the Dutch Ships and Goods taken by them and receiving no satisfactory Answer he had according to his Commission declared War against them That they had 400 Recruits from Ireland and
apprehending their Designs he comes to the discontented Princes of France who had raised an Army at Sedan And from thence from the Count of Soissons the Duke of Guise and the rest a Manifesto is published of their taking Arms for the Peace of Europe and expulsion of him who fomented the publick Wars They make Alliance with the Emperour and Cardinal Infanta and joyning Forces with General Lamboy they come to Battel where the Count de Soissons was slain and their Forces overthrown and Richlieu gets more advantage thereby against the House of Austria The close Committee for managing the business against the Earl of Strafford sate very constantly and took great pains in framing the Articles against him and preparing of Witnesses for proof of them for some of which Witnesses there were Messengers sent into Ireland to bring them hither All the Papers Proofs and Examinations in this business were committed to Whitelocke's care and charge being Chairman to the Committee The Committee had often resort to the House of Commons for their direction upon any Point of Difficulty and they were appointed by the House to be the Managers of the Evidence against the Earl and accordingly they divided the work among themselves January 30. Mr. Pym presented to the Lords the particular Articles of the Charge against the Earl of Strafford being 28. The Earl was immediately sent for to the Lords House where he heard the Articles read and they being two hundred sheets of paper and some of the Treasons being of fourteen years standing he desired three Months time to make his Answer which must also of necessity be very long and being unto matters of so high concernment especially to his own life and fortunes This time was opposed by the House of Commons and at length the Lords ordered his Answer to be brought in by the 24th of February next which was done though to the great labour of his Lordship and of Sir Richard Lane and others of his Councel and on that day it was read in the Audience of the King and in the House of Commons the next day after Some Disputes arose between the two Houses touching the Tryal 1. Whether Councel should be allowed for the Earl which the Commons opposed as not allowable in case of high Treason which the Lords said was true as to pleading of Matter of Fact but not in Matters of Law which was at length yielded to 2. Concerning the place of Tryal the Lords desired it might be in their House which the Commons opposed because they intended to manage their Accusation by Members of their own House in the presence of the whole House for which the Lords House would be too little whereupon Westminster-hall was agreed upon 3. The Commons intended to come in the Body of their whole House which the Lords not assenting to they at last yielded to come as a Committee of the whole House But there was a Proposal the Subject of much Discourse to prevent all this trouble and to restore the Earl of Strafford to his former Favour and Honour If the King would prefer some of the Grandees to Offices at Court whereby Strafford's enemies should become his friends and the King's desires be promoted It was that should be made Lord Treasurer the Lord Say Master of the Wards Mr. Pym Chancellor of the Exchequer Mr. Hollis Secretary of State Mr. Hampden Tutor to the Prince others to have other places In order whereunto the Bishop of London resigned up his Treasurers Staff the Lord Cottington his place of Master of the Wards and the rest were easily to be voided But whether upon the King's alteration of his mind or by what other means it came to pass is uncertain These things were not effected and the great Men baffled thereby became the more incensed and violent against the Earl joyning with the Scots Commissionres who were implacable against him The time and place of the Earls Tryal was appointed Westminster-hall prepared for it and never was there or any where else seen a more solemn and majestick Tribunal In the middle of the Theatre below on Forms covered with red cloth sate the Lords in their Parliament Robes their faces upwards at the head of them with his face towards them sate in a Chair the Earl of Arundel for that occasion made Lord High Steward of England and at that Tryal the Speaker of the Peers the Earl of Lindsey was made Lord high Constable of England for that time and had the ordering of the place Scaffolds were erected on either side of the Hall and at the lower end on those Scaffolds sate the Members of the House of Commons uncovered as a Committee of the whole House and many hundreds more of Gentlemen who could get places with them Beyond the Peers towards the upper end was placed a Chair and Cloth of State for the King raised on a Foot-pace on either side whereof was a close Gallery for the King Queen and Prince to be private At the lower end of the State on a Scaffold did usually sit Ladies of Quality on the right hand at the lower end even with the Lords was a place with partitions for the Committee of Parliament and a Door backwards out of it to a place for a withdrawing Room for them to retire to and consult as there was offered occasion On the other side of the place for the Committee and adjoyning to it was a place made for the Earl of Strafford with a Seat and Room for the Lieutenant of the Tower to be next to him and places for the Earl's Secretaries and for his Councel to be near him The Bishops were excluded by the Canons of the Church to be assistant in cases of blood or death and therefore they absented themselves from this Tryal Monday 22. March 1640. was the first day of the Earl's appearing on this Theatre the King Queen and Prince and divers foreign Lords and many Ladies with them attending there the Lords in their Robes on their Seats and the Scaffolds full of the Members of the House of Commons and many others mixed with them The Earl was brought to the Bar by the Lieutenant of the Tower his habit black wearing his George in a Gold Chain his Countenance manly black his Person proper but a little stooping with his Distemper or habit of his body his behaviour exceeding graceful and his speech full of weight reason and pleasingness The Lord high Steward declared to him That he was called thither to answer to the Impeachment of high Treason preferred against him by the Commons of England and Ireland Then his Accusation was read and next his Answer to it in which most part of that day being spent the Court arose The next day Mr. Pym made an Introduction very rhetorical and smart to the Articles and the first seven of them were managed as to the evidence by Mr Glynne and the proof was to his subverting the fundamental Laws
City Petitioners desired that the House would reassume the consideration of every part of their former Petition before they proceed in the Treaty with the King but the House did nothing in it Captain Bethan made Provost Martial with power to apprehend such as staid in Town contrary to the Ordinance and to seise upon all Ballad Singers Sellers of Malignant Pamphlets and to send them to the several Militias and to suppress Stage-playes The Instructions and Propositions were delivered to the Commissioners in the House and they took their leave to go to the King Orders for maintaining the Militias in the North out of Delinquents estates there and by other means Orders for money for Plymouth Garrison and for Herefordshire 14. The Houses sat not but the Committee of Derby House and other Committees sat and Letters came that the Lords and others sent for by the King were come to him and from the North that fifteen hundred old Souldiers were joyning to march with David Lesley to the Marquess of Argyle That Monroe was dispatching a guard to Edenburgh that Cromwell allarmed the English Cavaliers near to Berwick and that the inhabitants of Carlisle Petitioned the Governour to let in no more Souldiers neither Scots nor English That the General was gallantly entertained by the Town of Ipswich Where M r Edgar made a speech to his excellency who removed from thence to Yarmouth who sent out three Aldermen to meet him and gave him great entertainment they agree to admit three Troops of Horse and a Company of his Foot to quarter there 15. Letters that the General went from Yarmouth to S. Edmonds Bury thence to Malden where he viewed the remaining reliques of the Roman industry That he viewed the Fort of Mercy Island and gave orders at Harwich for keeping the guards and manning of the works there That he viewed Langarfort a place of great strength and concernment and there and at Harwich and other places had a great number of Ordnance discharged to salute him He ordered Colonel Desborough to command the Forces in Yarmouth and took care not to prejudice the fishing trade there by the Souldiers That he was highly entertained at Sir John Wentworths in Lovingland and at Norwich the High Sheriff of Norfolk and the Mayor Aldermen and Sheriffs of the City in their Scarlet Gowns with the Trained bands of Horse and Foot came out of the Town and accompained the General in thither and highly treated him 16. The House sat not Letters from the Isle of Wight that the Commissioners of the Parliament for the Treaty were come to Newport where the King was with those whom he had sent for to attend him and that there was a very fair correspondence betwixt them and the Parliaments Commissioners Some noted the Astrological predictions of M r Lilly to fall out very strangely according to what he had predicted particularly concerning the danger of the Kings person by a fall from his Horse 18. The Houses sat not Letters came from Lieutenant General Cromwel that he sent Major General Lambert with a summons to Berwick That Sir T. Tildesly with about fifteen hundred lay on this side Berwick but were not suffered to come in That Monroe marched through with three thousand and was joyned with Lannerick who had five thousand more that Argyle lay twelve miles from Edenburgh with about ten thousand men and both parties were upon a Treaty that they found no Bread in that Country but Bisket which they brought from New-Castle That Colonel Ashton with the Lancashire Foot is marched towards Carlisle Letters from Lambert's quarters of their march towards the borders and that David Lesley with old Leven and Argyle are in the head of eight thousand Horse and Foot about Edenburgh and have made the Committee of Estates to fly That Lesley the Governour of Berwick hath kept out of that Town all both English and Scotch Cavaliers and reports that he keeps it for the Parliament of England and will deliver it up to them That the English Cavaliers in the North sware they are bewitched and will fight no more and daily depart from their Colours That the Parliaments Army are discontented for want of pay and many of them slain and wounded and divers Horse lost Letters from York that the siege of Pontefract continues that the Prince hath sent relief to Scarborough of Men Victuals and Ammunition whereupon the Besiegers stormed the Castle and took it four of the assailants slain and eighteen of the besieged and an hundred and fifty Prisoners taken some Walloons whom the Souldiers took for Irish men were put to the Sword A day of Thanksgiving was kept at Leicester after which the Lord Grey feasted his Officers one hundred and fifty of them and they all rejoyced for the Victory against the Scots and promised to stand together upon their first undertakings for a good peace Colonel Martyn went to Lieutenant General Cromwell and the Parliaments Commissioners went to Ashby de la Zouch to speak with Duke Hamilton to see what he would discover to them for the good of this Kingdom 19. Letters that the Parliaments Commissioners for the Treaty were entertained with great respect at Southhampton and met and received by Colonel Hammond at the Cows with great vollies of shot and expressions of joy That the King kept a Fast with his Company for a blessing upon the Treaty in which the Common Prayer was exactly read with the Litany and a particular Prayer drawn by his Majestys direction and dictates That after Sermon the Commissioners went to the King to acquaint him that they were come to treat the King said he was glad they were come and desired God to perfect this blessed work and professed he was in Charity with all of them and not willing to seek revenge against any nor give occasion of delayes That the Commissioners presented the Three Bills to his Majesty for Religion the Militia and recalling his Majesties Proclamations c. but as yet have received no answer to them The House approved the report of the Committee of the Army for recruiting all the Regiments of the Army and for pay for them And they allowed a Quarter-Master to each Company of Dragoons and renewed the Ordinance for the assessments for the Army for six months longer Referred to the Committee of the Army to provide clothes shoes and Stockins for the Army and order for pay of the two new Companies in the Isle of Wight A Letter from Sir Edward Walker for some more persons to be sent down to the King the House did nothing upon it but declared that upon a Letter from the King or from their Commissioners for that purpose the persons should be sent to his Majesty An addition of Salary to Colonel Hammond in regard of his extraordinary charges upon the Treaty Divers Compositions passed that of M r Geoffery Palmer was five hundred pound The House approved of what
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
Parliament for the taking away of free quarter and for provision of things due to the Army They Ordered also a Proclamation to be drawn up against private meetings of Officers or Souldiers to the disturbance of the Army but the right of Petitioning not to be hindered provided it be orderly first acquainting their Officers Some Officers were appointed to think of a way for punishing those that shall endeavour to breed any discontent in the Army who are not of the Army 23. An Act touching Sequestrations in South-Wales and in favour of the poorer sort there the House accepted of a summ in gross from the Delinquents there except some persons Many Members having absented themselves till the late storms were over the House Ordered that none who have been absent since 31. Dec. last except Military Officers should be re-admitted till further Order Order that the House do adjourn three daies in every week and Committees to meet daily Debate how the publick Revenue might be brought all into one receipt and referred to a Committee The General published a Proclamation against taking free quarter by some not of the Army and by his Souldiers without a commissioned Officer The Earl of Holland being extreme ill as was deposed by his Physician was appointed a further day to be brought before the High Court 24. Debate of advancing money and easing the People of taxes they appointed a Committee to consider of all Parks Forests Woods c. belonging to the King c. Allowance of three pound a day to the Commissioners of the Navy and that the Mariners shall have so much for every Gun they shall take from any of the revolted Ships From the Council of State Cromwell and his Son Ireton went home with Whitelock to Supper where they were very cheerful and seemed extreamely well pleased they discoursed together till twelve a Clock at night and told many wonderful observations of Gods providence in the affairs of the War and in the business of the Army 's coming to London and seizing the Members of the House in all which were miraculous passages As they went home their Coach was stopped and they examined by the guards whom they told their names but the Captain of the guards would not believe them and threatned to carry these two great Officers to the Court of guard Ireton grew a little angry but Cromwell was cheerful with the Souldiers gave them twenty shillings and commended them and their Captain for doing their duty And they afterwards confessed that they knew Cromwell and Ireton well enough and were more strict with them than with others that they might see they were careful of their duty which they believed these great men came at this time purposely to observe 26. The Speaker acquainted the House with a Letter the Scots Commissioners sent him at their going away which was without leave the Letter was full of bitterness against the Parliament and their late proceedings against the King the House of Lords and the secluded Members The House Ordered guards to be sent privately to Gravesend after the Scots Commissioners to apprehend them and passed a Declaration to this effect That the Paper did contain much scandalous and reproachful matter against the just proceedings of this Parliament and an assuming on the behalf of the Kingdom of Scotland to have power over the Laws and Government of this Nation to the high dishonour thereof And a design in the Contrivers and Subscribers of it to raise sedition and grounds of a new and Bloody War in this Land and to second their late perfidious invasion That all persons in England or Ireland who shall joyn with or assist the said Contrivers and Subscribers upon the grounds laid in that Paper are Traitours and Rebels and shall be proceeded against as Traitors and Rebels Order that a Duplicate of the Paper be sent from this Parliament to the Parliament and Kingdom of Scotland to know whether they do or will own and justify this Paper presented in their names to the Parliament of England Jo. Lilburn delivered a Paper to the House with many hands to it in the name of addresses to the supreme Authority of England c. propounding several alterations in the Agreement of the People As that there be no intervals of Parliament or Council of State that Parliaments be annual and in the intervals to intrust a Committee of their own Members that in the Agreement there be a reserve from ever having any Kingly Government and a bar against restoring the House of Lords That Tythes be quite taken away the Excise Customs and Merchants Companies that there be no imprisoment of disabled men for debts and a Course to force all that are able to pay their debts and not to shelter themselves in Prison That provision be made of work and comfortable maintenance for all sorts of poor aged and impotent People a speedy and less troublesome way for deciding controversies in Law with these proposals 1. That they would not dissolve the House till a new Representative the next day be ready to succeed 2. To put in practice the self-denying Ordinance 3. That the same persons may not be continued long in the highest commands of Military power 4. That a Committee of the House may hear and conclude all controversies between Officers and Souldiers and mitigate the Law Martial and provide that it be not exercised upon persons not of the Army 5. To open the Press for printing freely 6. To abate the Charge of the Law and the stipends of Judges and Offices and to ease the taxes 7. Above all to dissolve the present Council of State which so much doth threaten Tyranny and to manage affairs by Committees of short continuance to be often accountable for their trust 8. To prohibit upon strict penalty all Committees Magistrates and Officers from exceeding their Commissions and to incourage complaints against them 9. To satisfy as to arrears of the Souldiers and as to accounts 10. That the Ordinance for Tythes upon treble damages may be taken away Another Petition of divers Officers and Souldiers of the Army to the same effect with the other and that the Laws may be in our own language both referred to a Committee The High Court of Justice continued for a Week longer Letters from Dublin of the great wants of Colonel Jones and of the conjunction of the Enemy The Council of the Earl of Cambridge were heard before the High Court of Justice they pleaded that the Earl was no free Denizen and though his Father was naturalizd and his heirs yet he not being born in the Kingdom could receive no benefit thereof That if he had been a free Denizen yet it was not prejudicial to him because he acted by command and Authority of the Parliament of another Nation and not of himself who was governed by another distinct Law The Earl pleaded the Articles given him by Major General Lambert who
had power to do it and secured him by a party of his Forces that he was ordered to be banished by Parliament paying one hundred thousand pound for his Delinquency 27. The House sate not The Earl of Holland was brought to the High Court and the Charge of High Treason read against him and aggravated by the Sollicitor General that the Earl was an eminent Courtier and probably did ill Offices and perswaded the King to go from the Parliament and went afterwards himself to Oxford That he returned from thence had his Sequestration taken off that he published a Declaration promising in the word of a Gentleman and a Christian that he would stand by the Parliament he took the Negative Oath and the Covenant Yet the last Year he ingaged and probably contriv'd the insurrection wherein the Duke of Bucks and his Brother and others were drawn in and he boasted that he should shortly be twelve thousand strong and master the Parliament and restore the King The Earl pleaded that his fact was not Capital but Criminal that he had quarter given him when he was taken at St. Needs and that both Houses had past an Order since for his banishment the which excused the aggravations especially in his last Action Letters that a Peace was confirmed by Articles between Ormond and the Catholick Party in Ireland and a Proclamation by Ormond for all to obey it Letters from Scotland that the Messengers from their Parliament were come to the King that the Scots Parliament made a Law that Adultery should be punished by Death 28. The Monthly Fast Order for a day of publick humiliation through out the Kingdom A Committee appointed to bring in an Act to take away the Monthly Fasts and to have Fast-daies Ordered as there shall be particular occasion A Committee to draw up a new Oath instead of that of Supremacy to be taken by Papists The Scots Commissioners being apprehended at Gravesend referred to the Council of State to send them to Scotland with a guard by Land and that they write a Letter to the Parliament of Scotland of their late carriage and to know how far that Parliament will owne the same An Act passed giving power to any ten of the Common Council of London to call a Court and forty Members to be a Common Council in case the Lord Mayor and Aldermen refuse An Act past for disabling the Malignant Magistracy of Norwich March 1648. 1. The House sate not The Council of state made several Orders in relation to the Navy and that the Committee of the Army do certify to them the arrears of the Army and what proceedings have been about setling their Debenters Upon a Petition of the Countess of Holland to the High Court and proof of the Earls being very sick the Court gave him further time to answer The Council of the Army passed a Petition to present to the House and the General presented to them a Letter subscribed by eight Troupers of several Regiments and delivered to him The effect of it was to assert the Souldiers right to Petition without their Officers consent and it was high against the Council of State and High Court. This was ill resented by the Officers and each of them present by the poll disavowed and disapproved the Letter as tending to divide and disunite the Army five of the eight Troupers were committed till they should be cleared by a Court Martial 2. Colonel Whaley and divers other Officers of the Army presented a Letter from the General with a Petition from the General Council of the Army to which the General concurred Their desires were 1. That Free quarter be forthwith totally taken away 2. For provision for constant pay of the Army 3. For Receivers to account 4. Abuses of Clipt money to be redressed 5. Souldiers accounts to be stated and Debenters given out 6. Security for them by Deans and Chapters lands or otherwise 7. For satisfaction for Souldiers Horses slain or lost in Fight 8. For Maintenance for maimed Souldiers and Widows of Souldiers 9. For relief of Ireland 10. For the supply of the Irish Officers come from Inchequin c. Order that these matters be taken into consideration and thanks returned to the Petitioners Referred to the Council of State to consider what Forces are fit to be maintained in this Kingdom and in Ireland and to bring in an estimate that the House may make an establishment for all Order for recruits of Horse according to the Petition Referred to the Council of State to consider what is fit for the House to do at present concerning Ireland Referred to a Committee to consider of the Standard in the old Palace and of taking it down and selling it Order for Sir George Ascue to command as Admiral of the Irish Seas and for several others to be Commanders of Ships Order for two hundred pound for the Irish Officers An Act past concerning Sequestred Estates in the Northern Counties to be sold for ease of the People Referred to the Committee of the Army to remove the obstructions in stating the Souldiers accounts An Act read and committed for bringing receivers c. to account 3. The Earl of Holland before the High Court pleaded the same plea he had done before of free quarter given him and witnesses were examined on both sides he desired Council but it was denyed The Earl of Cambridge made an additional defence not much varying from what he had said before in answer whereunto the Council of the Common-Wealth did speake five or six hours Four of the eight Troupers who presented the Petition to the General and General Council were brought and tryed before the Court Martial and the Paper delivered by them to the General was adjudged by the Court to be scandalous to the Parliament the Council of State the High Court of Justice and tending to divide the Army Upon the fifth Article of War against reproachful and scandalous words and actions the Court Martial sentenced these four Troupers to ride the Horse with their Faces to the tayl their swords to be broken over their heads and to be cashiered the Army 5. Upon a Report from the Council of State an estimate was made by them of the Charge of all Forces in Field and Garrison in England and Ireland to be one hundred and sixty thousand pound per mensem Order for an Act to be brought in thereupon An Act passed to impower the Commissioners of the Navy to execute Martial Law An Act read to abolish Kingly government Order for the Council of State to consider of increase of allowance for incouragment to such Officers of the Fleet as shall deliver back their Charges without imbezlement of the stores or other abuses to the State Referred to the Commissioners of the Admiralty to provide a Convoy and Ship of War for the Prince Elector and his retinue Sir John
Passenger to go beyond Seas or land any coming from beyond Seas without notice given to the Governour A Design was discovered and the Plotters apprehended it was to seize Pendennis Castle for the Prince Order for a day of Humiliation through the Kingdom 17 Letters that Moutrosse was taken 2 or 3 dayes after the fight 16 Miles from the Place of the Ingagement in a disguise and sorely wounded From Dublin that the Governour was marched out with an additional strenght to joyn with Sir Theophilus Jones and C Reynolds and that they would be about 4000. That Castlehaven Clenrickard and Mac Thomas were joyned in a Body and that a Spye numbred with them 25 Colours of Foot and 10 Colours of Horse That Eniskellin was surrendred to Sir Charles Coot according to the Agreement That the Irish Army in the North grow strong and more Forces to be sent to Sir Charles Coot who already marcheth with 2700 Foot and 1100 Horse That Castlehaven and his Party are retreated towards Connaught That the Parliaments Forces in Wicklow have taken Fernes and Carnow and have killed 120 of Mac Phelims men 18 From Edenburgh the Particulars of Montrosses defeat that he had but 1100 Foot and no Horse yet with them marched 50 Miles into the Country and would not stay for the rest of his Forces nor those who were to joyn with him but sent to them to come after That he would not keep the Hill where he might have been safe but marched into the plain Campania were he had neither Lanes nor Ditches to favour against the Horse in which he knew the other Partyes strength Consisted That some conceived Montrosse expected to meet with DavidLesly who had received his Propositions for marching into England and further Overtures and did not expect to have met with Strachaâ— and his Sectary Troopes who fell on him and he haveing no Horse was the more easily defeated From Newcastle that Sir William Fleming and others were landed at Leith with Letters from the King and the Commissioners that they were agreed of the substantiall Poynts yet with Reference in some particulars to a Resolution in Parliament From Ireland that C. Reynolds fell upon the E. of Castlehaven killed 1200 of his men and took as many Prisoners that they were struck with such a Pannick fear that they made no resistancee 20 From Berwicke that in Scotland Montrosse was sentenced to be quartered and Preparations for his Execution before they heard from their King or he from them least he should interceed for his Pardon That the King and their Commissioners are unquestionably agreed but they hold it not fit for him to come thither till they be in a better Posture that they kept a Day of Thanksgiving and the Ministers prayed exceedingly for the Kings coming as one brought into the Kirk and therefore to God That the D. of Loraine had promised to assist the King with 10000 men From the Bath that 4 Wagons came thither loaden with Sick and maimed Souldiers who had good Allowance from the Parliament to be there in hopes of some help by those Waters that a private Gentlemen near that Place sent them 20 l. 21 An Act passed for a day of publique Humilitation An Act passed for an Assessment for the Forces in England and Ireland for 6 Monthes at 90000 l. per mensem for the first 3 Monthes and 60000 l. per mensem for the latter 3 Monthes Order that the Lords Commissioners of the great Seal grant a Brief for a Collection for losses by Fire Order for C. Bennet to raise a Regiment of Foot the like for C. Hayne A Letter from the Officers at the Head Quarters to the Collonels and Governours of the respective Regiments and Garrisons iu England and Wales Exhorting them to Prayer and to Vnity and to joyn in keeping a Day of Humiliation set apart to seek God for his Assistance to them in all Services whereunto they shall be called And to reform Drunkenness Swearing Prophanation of the Lords Day contempt of the Ordinances of Christ and all Sins in their several Charges and to sanctify the Camp Order for an honourable Reception of Min heer Scaph An Agent sent from the States of Holland to the Parliament of England 22 Letters of Designes against Pendennis Castle and the Commissioners of the Militia being very active and giving great Assistance to them 23 From Dartmouth that two Irish Pyrats Chased a Merchant man into the Harbour and attempted to Board her at noon Day but the Governour rescued her Certain Proposals were agreed upon to be presented to the Parliament at a general Meeting of Atturneys and Officers for Reformation of the Proceedings of Law whereby they hoped that the Clyent will be much secured the Creditor and Purchaser fully provided for the Charge of Suits greatly abated and the Processe of Law much shortned 24 From Chester that Trechohan was quitted and burnt down by the Enemy From Leverpoole report that Clonmel was taken by Storm and that the Countrymen drawn together by the Bishop of Cloher were dispersed and gone home being not willing to bear Armes From the Leaguer before Clonmel that they prepared to storm that all the Fnglish under Ormond had submitted to the Parliament That the Enemy had lately two considerable Defeats given them one in the County of Wexford by C. Cook who routed the Enemy slew many and took divers Prisoners The other in the County of Corke by the L. Broghil who slew about 700 and took many Prisoners and totally routed the Party From Dublyn that they have recovered Drumere and other Forts 25 From Hull that the Ingagement was generally taken by the Inhabitants of the East riding Suspicion of a Plot. From Coventry that the Country came in so fast to take the Ingagement that the Commissioners could not give it to all of them From Edenburgh that the L. Frendraght of Montrosses Party after his Defeat for Vexation starved himself and that the L. Kenoule was also starved That the Presbitery of Orkeney and Caithnesse had relaxed Montrosse of his Excommunication That Sir William Flemming arrived there with a Letter to Montrosse to disbandhis Forces and that he sent a Messenger to disband about 300 in Orkeney under his Bastard Brother That the Commissioners Secretary was arrived with the news of a full Agreement with the King From Bristol that Clonmel was surrendred to the L. Lt. upon Articles that they would have made Conditions for Ormond and Inchequin but were refused but passes offered for them to go beyond Seas which they would not take but the L. Ardes and others of Quality took them That C. More and C. Reynolds besieged Tetrogham That the Bishop of Rosse being taken in the late Defeat at Kerny was hanged before a Castle kept by his Forces who thereupon surrendred it That this Bishop was wont to say there was no way to secure the English but by hanging them And now came himfelf
of the Army came to the Parliament with Letters from the G. of the Proceedings of the Army and desiring that the 3000 Tun of French-Wines taken at Leith might be Custom and Excise-free and sold and distributed among the private Souldiers which the House granted and ordered the Letters found in the L. Chancellor's Cabinet to be Printed at the end of the Declaration for the Publick Thanks-giving 23. Letters That the Scots were raising new Forces upon the Presbyterian Interest and That the King was at Dundee with some of his Cavalier Party as well as Presbyterians That the G. sent to the Governour of Edenburgh-Castle that the Ministers with him might return to their Churches and have free liberty to Preach there and commanded that none of the Army should molest them The Ministers sent Answer That they found nothing exprest whereby to build any Security for their Persons and for their Return they resolved to reserve themselves for better Times and to wait upon him who had hidden his Face for a while from the Sons of Jacob. The G. Replied in a Letter to the Governour to this effect Our Kindness offered to the Ministers with you was done with ingenuity thinking to have met with the like but I am satisfied to tell those with you That if their Masters Service as they call it were chiefly in their eye imagination of suffering would not have caused such a Return Much less the Practices of our Party as they are pleased to say upon the Ministers of Christ in England have been an Argument of personal Persecution The Ministers of England are supported and have liberty to preach the Gospel though not to rail nor under pretence thereof to overtop the Civil Power or debase it as they please No man hath been troubled in England or Ireland for Preaching the Gospel nor has any Minister been molested in Scotland since the coming of the Army hither The speaking Truth becomes the Ministers of Christ When Ministers pretend to a Glorious Reformation and lay the Foundation thereof in getting to themselves Power and can make worldly mixtures to accomplish the same such as their late Agreement with their King and hopes by him to carry on their Designs they may know that the Syon promised and hoped for will not be built with such untempered Mortar And for the unjust Invasion they mention time was when an Army of Scotland came into England not called by the Supreme Authority We have said in our Papers with what hearts and upon what account we came and the Lord hath heard us though you would not upon as solemn an Appeal as any Experience ean parallel When they trust purely to the Sword of the Spirit which is the Word of God which is powerful to bring down strong Holds and every Imagination that exalts it self which alone is able to square and fit the Stones for the New Jerusalem Then and not before and by that means and no other shall Jerusalem which is to be the praise of the whole Earth the City of the Lord be built the Syon of the Holy One of Israel I have nothing to say to you but that I am Sir Septemb. 9. 1650. Your Humble Servant O. CROMWELL The Scots Ministers sent an Answer to this Letter and the General another Letter in Answer to them and says therein We look upon Ministers as Helpers of not Lords over the Faith of Gods People I appeal to their Consciences whether any denying their Doctrines and dissenting shall not incur the Censure of Sectary And what is this but to deny Christians their liberty and assume the infallible Chair Where do you find in Scripture that Preaching is included in your Function Though an Approbation from men hath Order in it and may do well yet he that hath not a better than that he hath none at all I hope he that ascended up on high may give his Gifts to whom he please and if those Gifts be the Seal of Mission be not envious though Eldad and Medad Prophesie you know who bids us covet earnestly the best Gifts but chiefly that we may Prophesie Which the Apostle explains there to be a speaking to Instruction and Edification and Comfort which the Instructed Edified and Comforted can best tell the Energy and Effect of If such Evidence be I say again Take heed you envy not for your own sakes lest you be guilty of a greater fault than Moses reproved in Joshua for envying for his sake Indeed you err through the mistake of the Scriptures Approbation is an act of Conveniency in respect of Order not of Necessity to give Faculty to Preach the Gospel â—our pretended fear lest Error should step in is like the man that would keep all the Wine out of the Countrey lest men should be drunk It will be found an unjust and unwise Jealousie to deny a man the liberty he hath by Nature upon a supposition he may abuse it when he doth abuse it judge 24 An Act passed for Encouragement and Indempnity of such as voluntarily engaged themselves in the Service of the Parliament in this time of common Danger An Act passed for appointing new Commissioners for the Excise A Vote approving the late Transactions of the Militia of London and Westminster 25 Proceedings in the Trial of Sir John Gell before the High Court of Justice By the Letters taken in the Cabinet of the L. Chancellor London at Dunbar-Fight appeared that the Scots designed to invade England Letters that the L. Willoughby and others had Proclaimed King Charles the Second in the Barbadoes and That the Assembly there had Sentenced Capt. Tienman and Lieut. Brandon to be disfranchized their Estates to be seized their Tongues cut their Cheeks burnt with the Letter T and afterwards to be banished and That they had Fined and Banished most in the Island who were well affected to the Parliament 26 Order for the Thanks of the House to be given to the old Commissioners of the Excise for their good Service Letters That the Ministers about Dartmouth would not read any Act or Ordinance commanded by the Parliament Rumors of Hopton's and Greenvile's Landing with Forces in the West which caused the Governor of Weymouth and the Militia thereabouts to be in a readiness Recruits ordered for Scotland Letters That Sir Charles Coot with 600 Horse and 1300 Foot Marched to the L. Deputy before Athlowe That there was Difference amongst the Irish occasioned by their Clergy That the E. of Westmeath took in a Castle of the L. Dillon's and put all in it to the Sword 27 Upon the Report from a Committee The House Voted That one Clackson who made and Published an Impious and Blasphemous Book called The Single Eye should be sent to the House of Correction and afterwards be Banished and that the Book be Burned by the Common Hangman And That Mr. Rainsborough a Justice of peace in Middlesex who countenanced the Book be disabled from being a Justice
of 90000 l. a Month for six Months for pay of the Armies Order touching the reception of the publick Minister from the Queen of Sweden Letters from Bristol That upon notice of the Ships coming into that Road with the Corps of the late Lord-Deputy Ireton the Major sent out a Boat with a Tilt covered with Black in which they brought the Corps unto the City where a Hearse of Velvet was provided to put over the Coffin The Major Aldermen and Councel in their Formalities and the Governour and his Officers with a multitude of Inhabitants attended the Body to the Castle and the great Guns were fired from the Castle and the Fort. That many of the chief Rebels in Ireland have made offers to treat about their coming in to the Parliament and that Galloway hath done so 25. The House sate this day A Letter of Advice to the Parliament in these words That if they would but grant an Act for all the profits of the Tithes in all Counties in England and Wales to be gathered into a Treasury and the one half thereof may be paid to a competent number of Godly Ministers to preach the Gospel in each County And all those drunken malignant scandalous delinquent ignorant whoring and profane ones that go under the Name of Ministers put to work for their livings That the Gospel would be better propagated than now it is and the Lord would be more glorified in the Land and this present Government better established 26. Letters That Elizabeth Castle was upon a Treaty but broken off again That this Castle is so seared in the Sea that they can relieve or send away at pleasure and when they can keep it no longer they can leave only the bare Walls That since the Siege they have made no Salley out of the Castle though they took in with them 400 Foot and 100 Horse That they have sent divers Vessels with Women and Children and Rich Goods over to St. Mallows and are daily sending more and cannot be prevented by reason of the Rocks though the Parliaments Frigots lie there That six hours the Tide floats round the Castle and six hours the Sand is bare when three Prisoners stole away by Boat and came to the Parliament Forces and informed them That Carteret had sent his best Horses to St. Mallows and the poorer Horses he had knocked on the head and had hanged a Man for endeavouring to come from them That few of the Inhabitants speak any English and most of their drink is Syder 27. Letters of Recruits come to Scotland from England Letters That the Two Major-Generals were gone their Progress which they intended throughout Scotland and Commissioners were appointed to settle Assessments for the English Army That Elizabeth Castle was surrendred to the Parliament upon Articles and in it 17 Brass Pieces 36 Iron Pieces 450 Musquets 40 Swords 100 Bandeliers 64 Barrels of Powder Match 5000 great Shot 1000 Musquet-shot 100 weight Lead four Tun Iron two Tun. Of Victuals 60 Hogsheads of Biskets six quarter of Wheat four quarter of Barley 20 quarter of Mault 36 bushel of Pease 50 sides of Pork 60000 of Poor John three Hogsheads of French Barley four Pipes of Spanish Wine ten Hogsheads of French Wine four Tun of Beer 60 quarter of Salt six Hogsheads of Beef with great store of other Provisions 29. Letters That Cornet Castle in Guernsey Island was surrendred to the Parliament upon Articles That in Elizabeth Castle were French Germans Danes Switzers Scotch Dutch Irish English and the Islanders 340 That it is the strongest Castle in the Parliaments possession 30. Letters That some Officers of the Army by Commission from Major-General Lambert did hear and determine Controversies between Party and Party wherewith the People were much satisfied for the quick dispatch they received with full hearing That a Soldier for Whoredom was sentenced by a Court-Marshal to be duck'd thrice at High-water and to be whipped and turned out of the Town the Woman had the like Sentence That Captain Henry Green by Letters of Marque from the Parliament surprized a Ship bound for St. Mallows loaden with Merchandise of the growth of France and upon French-mens account and with it steered for Guernsey to secure his prize which he went on Board in great storms That a Man of War of the States of Holland meeting with Captain Green boarded his Prize and sent all the Guernsey Men in her on drift in the Boat where they must have perished had not another English Ship by accident met them and taken them up That the Holland Man of War did cruelly beat Captain Green and his Company and said he would throw them all over board as he had Commission to do to all English Ships sent out with Letters of Marque and what is since become of Captain Green and the rest of the English with him is not yet known The Parliament Voted That it be referred to Persons out of the House to take into consideration what inconveniences there are in the Law and how the mischiefs that grow from the delays the chargeableness and the irregularities in the proceedings of Law may be prevented and the speediest way to reform the same and to present their Opinions to such Committee as the Parliament shall appoint That a Committee be appointed to consider and present to the House the Names of fit Persons to be employed in this Work and to receive from them such things as shall be prepared by them in pursuance of the former Vote Several Petitions of Merchants of London and of other Parts read and referred to the Council of State 31. A Petition presented to the Parliament from Collonel Philip Carteret and the rest of the late Officers of Mount Orgyle Castle in the Isle of Jersey That according to the Articles upon surrender thereof an Act of Oblivion may be passed for the Petitioners which the Parliament ordered accordingly and approved of the said Articles The House sate constantly all the time of Christmas January 1651. 1. Letters That Sir George Ascue had reduced the Barbadoes Island to the obedience of the Parliament of England but the Particulars thereof were not yet come A Copy of an Act of the Lord Willoughby and the Assembly in the Barbadoes for sequestring divers Delinquents Estates there was sent over to the Council of State 2. Letters That 60 Sail of Hollanders lay at Anchor before South-Sea Castle and might have landed Men there and that the Works about Portsmouth were in much decay An account of Recruits gone for Ireland 3. Letters That the Marquess of Argyle had sent for another Passe to come in to Major-General Lambert who had summoned Dunbarton Castle and the Governour answering him with delays he caused his Estate to be sequestred That Collonel Lilburnes and Collonel Overtons Men took a Ship in the Harbour of the North. That the Major-Generals were returned from the West and had given great contentment in
Gospel in all void places and to unite two or three Parishes together so that none be above three Miles from the Publick meeting place and Commissioners named in the Report that such as shall be approved for publick Preachers may enjoy the maintenance set by Laws and such further as the Parliament hath or shall allow That where any scruple the payment of Tithes the neighbour Justices to set a value on those due which the owner of the Land to pay or else the Minister may sue for them That Committee held That the Incumbents Impropriators c. have a Right and Propriety in Tythes The House upon Debate of this Report the first part of it upon the question passed in the Negative It was moved in the House that the sitting of this Parliament any longer would not be for the good of the Common-wealth and that it would be fit for them to resign up their Powers to the Lord General this motion was seconded by several other Members and then the House rose And the Speaker with many Members of the House with the Mace went to Whitehall where they did by a Writing under their hands resign to his Excellency the Powers and Mr. Speaker attended with the Members did present this Resignation of their Powers to his Excellency accordingly The General with his Councel of Officers met where somethings were transacted in order to the settlement of the Government of this Nation Letters of Malignants in the North who bought up Horses and went with them towards Scotland Of Sixteen Horse within five miles of Berwick who seized some Gentlemen and others going to Berwick Fair and took their Horses Money and Clothes and then let them go That they seized upon two Soldiers and disarmed them and then dismissed them and took many Horses The Portugal Ambassadours brother made an Escape out of Newgate but was retaken The Councel of State Published a Declaration against the late Tumult at the New Exchange and forbid all persons of what quality soever to do or abet the like in any Publick place of trade or resort upon pain to be dealt with as disturbers of the Publick Peace whereof a strict account shall be taken and all Osficers to perform their duty for apprehending such Offenders and to prevent the like tumultuous Actions 14 Letters of Three prizes sent into Plymonth That the Sussex Frigot was blown up with her own Powder and about Fifty of her Men at Plymouth That there was an agreement for the Duke of Lorain to exchange his Country for Ireland That the Prince of Conde was to be King of Scotland and King Charles to be King of England onely That Middleton was Transporting from Holland great store of Arms and Ammunition to the High-lands 16 Letters of the Highlanders Levys of Men and Glencorns sending Warrants to adjacent Towns for Cloth Shoes Provisions and Money for his Soldiers or else he will exact it by force That Four of them met an Englishman going to gather up Money and killed him That the Highlanders are One thousand Foot well Armed and Five hundred Horse Of two Prizes brought into Pool by a private Man of War Captain Green That General Monck with his Squadron of Ships was in the Downs The late Parliament having resigned their Powers into the Lord Generals Hands by a Writing under their Hands and Seals The Lord General called a Councel of Officers and advised with them and with other persons of Interest in the Nation How this great burthen of governing England Scotland and Ireland with the Armies therein and the Navy at Sea should be Born and by whom They after several days seeking of God and advising in this Matter Resolved That a Councel of Godly Able and Discreet Persons should be Named consisting of twenty one and that the Lord General should be chosen Lord Protector of the Three Nations His Excellency the General about Three in the Afternoon came from Whitehall to the Chancery Court in this Equipage First went the Commissioners of the Great Seal then the Judges and Barons in their Robes after them the Counsel of the Commonwealth then the Lord Mayor Aldermen and Recorder of London after them the Lord General attended with the chief Officers of the Army a Chair of State was set in the Chancery Court and the General stood on the left hand of it uncovered till a large Writing in Parchment was read Containing the Power with which his Excellency was invested and how he was to Govern the Three Nations and the Oath to be taken by him His Excellency subscribed this Writing in the face of the Court and had the Oath given him by the Lord Commissioner Lisle and after this his Excellency sate down in the Chair covered then the Commissioners delivered up the Great Seal to him and the Lord Mayor his Sword and Cap the which his Excellency returned immediatly again to him then the Court rose and they went back to Whitehall the Lord Mayor himself uncovered carrying the Sword before the Lord Protector and coming into the Banqueting House Mr. Lockier made an Exhortation to them and so the Lord Mayor Aldermen and Judges departed The Instrument which his Excellency Subscribed was in these Words The Government of the Common-wealth of England Scotland and Ireland I. THat the Supreme Legislative Authority of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging shall be and reside in One Person and the People assembled in Parliament The Style of which Person shall be Lord PROTECTOR of the Common-wealth of England Scotland and Ireland II. That the Exercise of the chief Magistracie and Administration of the Government over the said Countries and Dominions and the People thereof shall be in the Lord PROTECTOR assisted with a Council The Number whereof shall not exceed Twenty one nor be less than Thirteen III. That all Writs Processes Commissions Patents Grants and other things which now run in the Name and Style of the Keepers of the Liberty of England by Authority of Parliament shall run in the Name and Style of the Lord PROTECTOR from whom for the future shall be derived all Magistracie and Honors in these three Nations and shall have the power of Pardons except in Case of Murder and Treason and benefit of all forfeitures for the Publick use And shall govern the said Countries and Dominions in all things by the Advice of the Council and according to these Presents and the Laws IV. That the Lord PROTECTOR the Parliament sitting shall dispose and order the Militia and Forces both by Sea and Land for the peace and good of the three Nations by Consent of Parliament And that the Lord PROTECTOR with the Advice and Consent of the major part of the Council shall dispose and order the Militia for the ends aforesaid in the Intervals of Parliament V. That the Lord PROTECTOR by the Advice aforesaid shall direct in all things concerning the keeping and holding of a good
Parliament and given signal Testimony of their good Affections thereunto shall be disabled and be uncapable to be Elected or to give any Vote in the Election of any Members to serve in the next Parliament or in the three succeeding Triennial Parliaments XV. That all such who have advised assisted or abetted the Rebellion of Ireland shall be disabled and uncapable for ever to be Elected or to give any Vote in the Election of any Member to serve in Parliament as also all such who do or shall profess the Roman Catholick Religion XVI That all Votes and Elections given or made contrary or not according to these Qualifications shall be null and void And if any person who is hereby made uncapable shall give his Vote for Election of Members to serve in Parliament such person shall lose and forfeit one full years value of his real estate and one full third part of his personal estate one moity thereof to the Lord Protector and the other moity to him or them who shall sue for the same XVII That the persons who shall be Elected to serve in Parliament shall be such and no other then such as are persons of known Integrity fearing God and of good conversation and being of the age of One and twenty years XVIII That all and every person and persons seized or possessed to his own use of any Estate real or personal to the value of Two hundred pounds and not within the aforesaid Exceptions shall be capable to Elect Members to serve in Parliament for Counties XIX That the Chancellor Keeper or Commissioners of the Great Seal shall be sworn before they enter into their Offices truly and faithfully to issue forth and send abroad Writs of Summons to Parliaments at the times and in the manner before exprest And in case of neglect or failer to issue and send abroad Writs accordingly he or they shall for every such offence be guilty of High Treason and suffer the pains and penalties thereof XX. That in case Writs be not issued out as is before exprest but that there be a neglect therein fifteen days after the time wherein the same ought to be issued out by the Chancellor Keeper or Commissioners of the Great Seal that then the Parliament shall as often as such failer shall happen assemble and be held at Westminster in the usual place at the times prefixt in manner and by the means hereafter expressed That is to say That the Sheriffs of the several and respective Counties Sherievedoms Cities Boroughs and places aforesaid within England Wales Scotland and Ireland the Chancellor Masters and Scholars of the Vniversity of Oxford and Cambridge and the Mayor and Bayliffs of the Borough of Berwick upon Tweed and other the places aforesaid respectively shall at the several Courts and places to be appointed as aforesaid within Thirty days after the said Fifteen days cause such Members to be chosen for their said several and respective Counties Sherievedoms Vniversities Cities Boroughs and places aforesaid by such persons and in such manner as if several and respective Writs of Summons to Parliament under the Great Seal had issued and been awarded according to the Tenor abovesaid That if the Sheriff or other persons authorized shall neglect his or their duty herein That all and every such Sheriff and person authorized as aforesaid so neglecting his or their duty shall for every such offence be guilty of High Treason and shall suffer the pains and penalties thereof XXI That the Clerk called The Clerk of the Common-wealth in Chancery for the time being and all others who shall afterwards execute that Office to whom the Returns shall be made shall for the next Parliament and the two succeeding Triennial Parliaments the next day after such Return certifie the Names of the several persons so returned and of the places for which he and they were chosen respectively unto the Council who shall peruse the said Returns and examine whether the persons so Elected and Returned be such as is agreeable to the Qualifications and not disabled to be Elected And that every person and persons being so duly Elected and being approved of by the major part of the Council to be persons not disabled but qualified as aforesaid shall be esteemed a Member of Parliament and be admitted to sit in Parliament and not otherwise XXII That the persons chosen and assembled in manner aforesaid or any Sixty of them shall be and be deemed the Parliament of England Scotland and Ireland and the Supream Legislative Power to be and reside in the Lord Protector and such Parliament in manner herein exprest XXIII That the Lord Protector with the advice of the major part of the Council shall at any other time than is before exprest when the necessities of the State shall require it summon Parliaments in manner before exprest which shall not be Adjourned Prorogued or Dissolved without their own consent during the first three Months of their Sitting And in case of future War with any Foreign State a Parliament shall be forthwith Summoned for their Advice concerning the same XXIV That all Bills agreed unto by the Parliament shall be presented to the Lord Protector for his consent and in case he shall not give his consent thereto within twenty days after they shall be presented to him or give satisfaction to the Parliament within the time limited That then upon Declaration of the Parliament That the Lord Protector hath not consented nor given Satisfaction such Bills shall pass into and become Laws although he shall not give his consent thereunto provided such Bills contain nothing in them contrary to the matters contained in these Presents XXV That Philip Lord Viscount Lisle Charles Fleet-wood Esquire John Lambert Esquire Sir Gilbert Pickering Baronet Sir Charles Wolseley Baronet Sir Anthony Ashley-Cooper Bar. Edward Montague Esq John Desborough Esq Walter Strickland Esq Henry Lawrence Esq William Sydenham Esq Philip Jones Esq Richard Major Esq Francis Rous Philip Skipton Esqs or any Seven of them shall be a Council for the purposes exprest in this Writing and upon the Death or other removal of any of them the Parliament shall nominate Six persons of Ability Integrity and fearing God for every one that is dead or removed out of which the major part of the Council shall Elect two and present them to the Lord Protector of which he shall Elect one And in case the Parliament shall not nominate within Twenty days after notice given unto them thereof the major part of the Council shall nominate Three as aforesaid to the Lord Protector who out of them shall supply the vacancy And until this choice be made the remaining part of the Council shall execute as fully in all things as if their number were full and in case of corruption or other miscarriage in any of the Council in their Trust the Parliament shall appoint Seven of their numbers and the Council Six who together with the Lord Chancellor Lord Keeper or
The King desired that in respect sentence of death was past upon him and the time of his execution might be nigh that the House would give him leave to see his Children and that he might have D r Juxon to be private with him in his Chamber and to give him the Sacrament This was ordered accordingly and Dr. Juxon preached before the King in his private lodgings this night at White-Hall 28. The Commissioners of the High Court of Justice kept a Fast in the Chappel at White-Hall 29. The House sate early and one of the secluded Members coming in they Voted That such Members as 5. Dec. last Voted that the Kings concessions were a ground of setling peace in this Nation should not be readmitted but disabled to sit as Members for the future The Dutch Ambassadours had their Audience in the House they read their Instructions and Credentials in French and promised Copies of them in English to morrow but would not part with the Originals Their business was to interceed for the Kings life and to preserve a fair correspondence betwixt this Nation and the States An Act passed for alteration of names and forms in Writs Grants Patents procedings in Courts c. That in England Ireland and Berwick c. instead of the style title and teste of the King shall be used Custodes libertatis Angliae Authoritate Parliamenti c. That the date shall be the year of our Lord and no other That instead of the former words Juratores pro Domino Rege c. the words now to be used shall be Juratores pro Republica Instead of the words Contra pacem dignitatem vel Coronam nostram the words shall be Contra pacem Publicam That all Writs Patents Commissions c. shall stand good notwithstanding the death of the King The High Court of Justice sate and appointed the time and place for the Execution of the King The Kings Children came from Syon-House tovisit him at S t Iames's he took the Princess in his Arms and kissed her and gave her two Seals with Diamonds and prayed for the blessing of God upon her and the rest of his children and there was great weeping The Prince Elector the Duke of Richmond and others made suit to see him which he refused Letters from Scotland that the Ministers there preach against the Army in England and the proceedings against their King they say they are bound by their Covenant to preserve Monarchy and that in the Race of the present King That their Parliament have passed several votes against those that were in the late ingagament against England Letters that Prince Rupert was at Sea with about fourteen of the revolted Ships and took divers Merchant men the Parliament having no Ships abroad The Commissioners met at Mr. Browns House where the Seal lay to have had a Private Seal but by reason of my Lord Grey's absence who had the key and because of the sentence given against the King they did not seal any thing but they heard divers Petitions 30. The King walked from St. James's through the Park guarded with a Regiment of Foot and Partisans to White-Hall Divers Gentlemen went bare before him D r Juxon followed next to him and Colonel Thomlinson had the charge of him they brought him to the Cabinet-Chamber where he continued at his devotion He refused to dine having before taken the Sacrament but about twelve a clock at noon he drank a Glass of Claret Wine and eat a piece of Bread from thence he went with D r Juxon Colonel Thomlison Colonel Hacker and the Guards through the Banqueting House adjoyning to which the Scaffold was erected it was hung round with black and the Floor covered with black and the Ax and block laid in the middle of it Divers Companies of Foot and Horse were on every side of the Scaffold and great multitudes of People came to be spectators the King looked earnestly on the Block asked if there were no place higher and directing his speech to the Gentlemen upon the Scaffold he spake to this effect I shall be very little heard of any Body here I shall therefore speak a word unto you here indeed I could hold my peace very well if I did not think that holding my peace would make some men think that I did submit to the guilt as well as to the punishment but I think it is my duty to God first and to my Country for to clear my self both as an honest man and a good King and a good Christian I shall begin first with my innocency in troth I think it not very needful for me to insist long upon this for all the world knows that I never did begin a War with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their priviledges They began upon me it is the Militia they began upon they confest that the Militia was mine but they thought it fit to have it from me and to be short if any Body will look to the dates of Commissions theirs and mine and likewise to the Declarations they will see clearly that they began these unhappy troubles not I. So that as to the guilt of these enormous Crimes that are laid against me I hope in God that God will clear me of it I will not I am in Charity God forbid that I should lay it upon the two Houses of Parliament there is no necessity of either I hope they are free of this guilt for I do believe that ill Instruments between them and me have been the chief cause of all this Blood-shed so that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that Gods judgments are just upon me many times he does pay justice by an unjust sentence that is Ordinary I only say this that an unjust sentence that I suffered for to take effect is punished now by an unjust sentence upon me that is so far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man pointing to Dr. Juxon that will bear me witness that I have forgiven all the world and even those in particular that have been the Chief causers of my Death who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen that this be not laid to their Charge nay not only so but that they may take the right way to the peace of the Kingdom for Charity commands me not only to forgive particular men but