and be it Ordained That the Great Seal of England shall be committed to the custody and keeping of Henry Earl of Kent William Lord Grey of Werke Sir Thomas Widdrington Knight and Bulstrode Whitelocke Esquire who are hereby Ordained Commissioners for that purpose for and during the time of one whole year from the Passing of this Ordinance Which said Persons are hereby constituted and appointed to be Commissioners for the Custody of the said Great Seal of England during the time aforesaid and they or any two of them whereof one Member of the Lords House also one Member of the House of Commons shall have and are hereby authorized to have the Custody and Keeping Ordering and Disposing thereof as also all such and the like Powers and Authorities as any Lord Chancellor or Lord Keeper or Commissioners of the Great Seal of England for the time being hath Lawfully had and used or ought to have had or used John Brown Cler. Parliamentorum Henry Elsinge Cler. Parliam Dom. Com. Orders upon private Petitions of Grievances Letters from Ireland That the Lord Inchequin relieved some Garrisons of the English in Tipperary entred Carricke and Fortified a Pass to make good his Retreat blew open the Gate of Cullen by a Petard entred the Town took two Castles by Assault and put three hundred Soldiers to the Sword and some Women notwithstanding order to the contrary and then took in another strong Castle upon Mercy That Owen Roe Oneal is dead and the Supreme Councel fled from Kilkenny That the Parliaments Ships took three of the Rebells Ships loaden with Ammunition and Captain Ball took an Irish Man of War 16. Orders for taking off several Sequestrations in performance of Articles of War Ten thousand pound accepted for the Composition of Sir Jo. Strangeway and his Son and ordered for the Navy The Lord Fairfax Father to the General having a bruise on his Foot where a Corn was growing it festred and turn'd to a Gangrene which brought a Feaver upon him whereof he died at York March 13. and was much lamented Order that Sir Thomas Fairfax his Son should be Keeper of Pontefract Castle Custos Rotulorum of York-shire and chief Ranger c. in the place of his Father Order for Papists to be admitted to Compositions in performance of the Articles of Oxford 17. Long debate upon the Confession of Faith allmost all the day Several Ordinances pass'd for placing Ministers in vacant Benefices 18. The House sate not but according to their Order the Grand Committee sate about the business of the Fennes in Lincoln-shire 20. a Petition of London Merchants complaining of Pyrats and decay of Trade was referred to a Committee of Trade which was revived with power to consider of removing Obstructions in Trade and to receive all Petitions concerning the advance of Trade And referred to the Committee of the Admiralty to provide a sufficient guard for the Merchants Ships Letters of the Proceedings of the Commissioners in Scotland and of their Letters to the Major of Berwicke giving him notice of a design to surprize that Town and the Major's Answer Order for a Letter of thanks to the Major and to desire him to preserve the Town from Garrisoning according to the Treaty and order to the General to prevent any inconvenience by such meetings of the Cavaliers and Papists Letters from York of another Troop Landed from Ireland at Chester which marched towards Scotland That the Lord Fairfax the General 's Father was honourably buried Letters from Scotland of Divisions in their Parliament Some for raising an Army against the Sectaries in England others for the King and a third Party for no War The Clergy were for an Oath to be generally taken That Presbyterial Government be maintained that the King be not restored till he sign the Covenant to endeavour the extirpation of all Sectaries especially Erastianisme that the Ecclesiastical power is not subject to the Civil that the Kings Negative Vote in England be taken away Captain Wogan had Money sent to him in Scotland to pay his Quarters but by whom will not be discovered there are four hundred Foot and a Troop of Horse of the English in a Body 21. Letters that Col. Poyer held out in Pembroke Castle against the orders of Parliament and the Forces sent thither by the General that in the Morning he is sober and penitent and in the afternoon drunk and full of Plots that he put four or five of his Companions in the best Apparel he could get and by Sunrising put them out at the Sally-port and received them in again at the Gate himself with great Ceremony giving out in the Town that they were Commanders sent out of France to him from the Prince of Wales and more were to follow That when he hears news that pleaseth him then he puts forth bloody Colours and declares for the King and Common-Prayer when he hears other news then he is for the Oath and Covenant and puts forth blew and white Colours That one day he fired all his Guns on the Parliaments Forces without any occasion that afterwards he was very quiet yet the next day he vowed that not one of the Parliaments Forces should go away alive and calls the General King Thomas That the Parliaments Forces lye close and make no Shot at him but none of his men dare peep out of Town Upon Summons sent to him his answer was that if they might have their Arrears Disbursements and Indemnity they would give up the Castle The House ordered the General to send sufficient Forces to reduce Col. Poyer and Pembroke Castle an Ordinance to remove him from being Major of Pembroke and to constitute another Order for a Months Pay for the Forces in the Isle of Wight and for an allowance for four Gentlemen attending his Majesty Debate about Compositions upon surrenders of Garrisons A Plot was discovered by the General to surprize the Tower this night 22. Orders upon many private Petitions Ordinance past touching the Collecting of the Rents of Westminster Colledge The Commons agreed with the Lords in the Doctrinal part of the Confession of Faith but altered the Title from the Confession of Faith to be Articles of Faith agreed upon by both Houses 23. Debate touching Oxford Articles and about clipped and false Money Ordinance about reimbursing the Committee of Surrey for Money laid out by them for the Soldiery Order for a Writ for a new Election 24. Debate about setling of a good Ministry in some vacant places and Ordinances for some particular Parishes Order for two thousand pound for repairing the Library at Cambridge to be raised out of Deans and Chapters Revenues and an Order for incouragement of the Heads of Colledges there The General sent strict Orders for the disbanding of Major General Laugherne's Forces according to the Orders of Parliament and for the reducing of Col. Poyer 25. The Ordinance passed both Houses for setling the business of the Navy
particulars mentioned by my worthy Colleague that spake last in which I have owned your Authority And for a strict formal pursuance of the Ordinary rules of Law it hath been hardly to be discerned in any of the late proceedings on either side in all our great and weighty transactions Unavoidable necessity hath put us upon those courses which otherwise perhaps we should not have taken I am sure my sitting and acting here is according to the known Laws of England and that my protection at this time is only from you therefore my obedience is only due to you and there is no other visible Authority in being but your selves There are sufficient reasons to justify an obedience to your Authority which truly Sir I do own and not scruple at all as things now are to act by that Authority I only scruple my undertaking this great Charge knowing my own want to perform it as I ought to do this place requires quick apprehension general learning and deep judgment all which are wanting in me but I see many worthy Gentlemen within these Walls of much greater abilities and more compleatly furnished for the execution of this Charge than I am My humble Motion therefore to you is That you will be pleas'd to think of some persons more fit and worthy of this great trust than I am and to excuse me from being one of your Commissioners for the Great Seal of England which is a place too high for me The House would not allow of his excuse but after a little debate the question was put and it was voted Nemine contradicente that he should be one of the Commissioners for the Great Seal Then Mr. John L'Isle was named to be another of the Commissioners and after a short and no eager excuse made by him and his high owning of their Authority which he had sufficiently done before as one of the High Court of Justice for tryal of the King Mr. L'Isle was Voted to be another of the Commissioners for the Great Seal Lastly Mr. Sergeant Keeble was named to be the third Commissioner of the Great Seal and two of them of the Quorum Upon debate the time for their being Commissioners was Voted to be quam deu se bene gesserint The Title held some debate whether they should be stiled Commissioners or Lords Commissioners and though the word Lords was less acceptable at this time than formerly yet that they might not seem to lessen their own Authority nor the Honour of their Officers constituted by them they Voted the Title to be Lords Commissioners and the Act was passed presently in these words An Act of the Commons assembled in Parliament for committing the Great Seal of England into the hands and custody of Commissioners Beit enacted by this present Parliament and the Authority of the same that the Great Seal of England shall be committed to the keeping of Bulstrode Whitelock Sergeant at Law Richard Keeble Sergeant at Law and Iohn L'Isle Esq who are hereby appointed Lords Commissioners for that purpose quamdiu se bene gesserint which said Persons are hereby constituted and appointed to be Lords Commissioners for the Custody of the Great Seal of England during the time aforesaid and they or any two of them shall have and are hereby authorised to have the Custody Keeping Ordering and Disposing thereof as also all such and the like powers and Authorities as any Lord Chancellour Lord Keper or Commissioners of the Great Seal of England for the time being have Lawfully had and used or ought to have had or used Hen. Scobell Cleric Parliamenti Sergeant Keeble was sent for and they three being commanded by the House to come up to the Table Whitelock went in the middle Sergeant Keeble on his right hand and M r L'Isle on his Ieft hand there the Speaker gave them their Oaths Well and truly to execute the place of Commissioners for the Seal and then he delivered the new Great Seal to them They put up the Seal in the Purse and with the usual Ceremonies and reverence they brought it out of the House and went into the Queens Court where they sealed it up with their Seals and went their selves to see it locked up in the Tower in M r Brown's House where it was usually laid before 9. Many Justices of the Peace scrupling to Act because their Commissions were in the name of the King a Committee was appointed to consider of another form for them and thatthey might be commanded to Act in the name of the Parliament The House confirmed the election of the Lord General and Colonel Rich to be Burgesses for Cirencester and to admit them Members This being the first day of the Term the six Judges who were inclined to hold their places were as yet much unsatisfied because the Oaths of Allegiance and Supremacy were still continued and because the House had not declared that the fundamental Laws should be continued and the Judges to administer justice accordingly They debated these matters together and in conclusion came to this result that if the House would pass such a Declaration repeal the Oaths of Allegiance and Supremacy and alter the Oath of a Judge that then they would presently sit in their places 'T was told them it would be hard to procure all this to be done in the House so soon as that they might sit in the several Courts this morning and if they should not sit this first day of the Term it would be some interruption to the Course of Justice and reflect upon the Parliament They were intreated to draw the Declaration themselves as they desired the House should pass it which they did presently and the Cmmissioners of the Seal went into the house and acquainted them with the consequence of the business which they tendred to them to be forthwith passed to enable the six Judges to sit in Court this morning The House were so sensible of the reasonableness and fitness to give a speedy dispatch to this business that they laid aside all other and soon Voted That the Oaths of Allegiance and Supremacy should be null and void made a satisfactory alteration of the Oath of a Judge and passed the Declaration drawn by the Judges They were satisfied herewith and the Commissioners presently sealed their Patents and gave them the new Oath of Judges then they went and sate in their several Courts and the Commissioners of the Seal sate in Chancery They caused the Declaration to be read and spake to the Auditory concerning the business to give them satisfaction and to settle their minds this they took occasion to do in their Speeches to the Judges and therein 't is believed they did some service for the Parliament Upon the desire of the Committee for the Revenue the Lord General granted his Warrant to all Officers and Souldiers to suppress the cutting down and destroying of Timber and killing of Deer in any of the publick Forests Chaces
Salop four For the County of Stafford six viz. For the City of Lichfield one For the Town of Stafford one For the Borough of Newcastle on the Line one For the County of Stafford three For the County of Somerset sixteen viz. For the Borough of Taunton two For the City of Bath one For the City of Wells one For the Borough of Bridgewater one For the County of Somerset eleven For the City of Bristol two For the County of Southampton fourteen viz. For the City of Winchester one For the Town of Southampton one For the Town of Portsmouth one For the Isle of Wight two For the Borough of Andover one For the County of Southampton eight For the County of Suffolk sixteen viz. For the Borough of Ipswich two For the Borough of Bury St. Edmonds two For the Borough of Dunwich one For the Borough of Sudbury one For the County of Suffolk ten For the County of Surrey ten viz. For the Borough of Southwark two For the Borough of Gilford one For the Borough of Rygate one For the County of Surrey six For the County of Sussex fourteen viz. For the City of Chichester one For the Borough of Lewis one For the Borough of East-greenstead one For the Borough of Arundel one For the Borough of Rye one For the County of Sussex nine For the County of Westmorland two For the County of Warwick seven viz. For the City of Coventry two For the Borough of Warwick one For the County of Warwick four For the County of Worcester seven viz. For the City and County of the City of Worcester two For the County of Worcester five For the County of Wilts fourteen viz. For the City of New Sarum two For the Borough of Marleborough one For the Borough of the Devizes one For the County of Wilts ten For the County of Anglesey two For the County of Brecon two For the County of Cardigan two For the County of Carmarthen two For the County of Carnarvon two For the County of Denbigh two For the County of Flint two For the County of Glamorgan three viz. For the Town of Cardiffe one For the County of Glamorgan two For the County of Merioneth one For the County of Montgomery two For the County of Pembrook three viz. For the Town of Haverfordwest one For the County of Pembrook two For the County of Raduor two The distribution of the Persons to be chosen for Scotland and the several Counties Cities and Places within the same shall be according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the major part of the Council before the sending forth Writs of Summons for the next Parliament The distribution of the Persons to be chosen for Ireland and the several Counties Cities and places within the same shall be according to such proportions and number as shall be agreed upon and declared by the Lord Protector and the Major part of the Council before the sending forth Writs of Summons for the next Parliament XI That the summons to Parliament shall be by Writ under the Great Seal of England directed to the Sheriffs of the several and respective Counties with such alteration as may suit with the present Government to be made by the Lord Protector and his Council which the Chancellour Keeper or Commissioners of the Great Seal shall seal issue and send abroad by Warrant from the Lord Protector If the Lord Protector shall not give warrant for issuing of Writs of Summons for the next Parliament before the first day of June one thousand six hundred fifty four or for the Triennial Parliaments before the first day of August in every third year to be accounted as aforesaid That then the Chancellour Keeper or Commissioners of the Great Seal for the time being shall without any Warrant or direction within seven days after the said first day of June One thousand six hundred fifty four Seal Issue and send abroad Writs of Summons changing therein what is to be changed as aforesaid to the several and respective Sheriffs of England Scotland and Ireland for summoning the Parliament to meet at Westminster the third of September next and shall likewise within seven days after the said first day of August in every third year to be accounted from the Dissolution of the precedent Parliament Seal Issue and send abroad several Writs of Summons changing therein what is to be changed as aforesaid for summoning the Parliament to meet at Westminster the sixth of November in that third year That the said several and respective Sheriffs shall within ten days after the receipt of such Writs as aforesaid cause the same to be proclaimed and published in every Market-town within his County upon the Market-days thereof between Twelve and Three of the Clock and shall then also publish and declare the certain day of the week and moneth for choosing Members to serve in Parliament for the Body of the said County according to the tenour of the said Writ which shall be upon Wednesday five Weeks after the date of the Writ and shall likewise declare the place where the Election shall be made for which purpose he shall appoint the most convenient place for the whole County to meet in and shall send Precepts for Elections to be made in all and every City Town Borough or place within his County where Elections are to be made by vertue of these Presents to the Mayor Sheriff or other Head Officer of such City Town Borough or place within three days after the receipt of such Writ and Writs which the said Mayors Sheriffs and Officers respectively are to make publication of and of the certain day for such Elections to be made in the said City Town or place aforesaid and to cause Elections to be made accordingly XII That at the day and place of Elections the Sheriff of each County and the said Mayors Sheriffs Bayliffs and other Head-Officers within their Cities Towns Boroughs and places respectively shall take view of the said Elections and shall make return into the Chancery within twenty days after the said Elections of the persons Elected by the greater number of Electors under their hands and seals between him on the one part and the Electors on the other part wherein shall be contained That the persons Elected shall not have power to alter the Government as it is hereby setled in one single Person and a Parliament XIII That the Sheriff who shall wittingly and willingly make any false return or neglect his duty shall incur the penalty of Two thousand Marks of lawful English Money the one mâ—ity to the Lord Protector and the other moity to such person as will sue for the same XIV That all and every person and persons who have ayded advised assisted or abetted in any War against the Parliament since the First day of January One thousand six hundred forty one unless they have been since in the service of the
Commissioners of the Great Seal for the time being shall have power to hear and determine such corruption and miscarriage and to award and inflict punishment as the nature of the Offence shall deserve which punishment shall not be pardoned or remitted by the Lord Protector And in the interval of Parliaments the major part of the Council with the consent of the Lord Protector may for Corruption or other Miscarriage as aforesaid suspend any of their number from the exercise of their Trust if they shall find it just until the matter shall be heard and examined as aforesaid XXVI That the Lord Protector and the major part of the Council aforesaid may at any time before the meeting of the next Parliament add to the Council such persons as they shall think fit provided the number of the Council be not made thereby to exceed One and twenty and the Quorum to be proportioned accordingly by the Lord Protector and the major part of the Council XXVII That a constant yearly Revenue shall be raised setled and establisht for maintaining of Ten thousand Horse and Dragoons and twenty thousand Foot in England Scotland and Ireland for the Defence and Security thereof and also for the convenient number of Ships for guarding of the Seas besides Two hundred thousand pounds per annum for defraying the other necessary Charges for administration of Justice and other Expences of the Government Which Revenue shall be raised by the Customs and such other ways and means as shall be agreed upon by the Lord Protector and Council and shall not be taken away or diminishe nor the way agreed upon for raising the same altered but by the consent of the Lord Protector and the Parliament XXVIII That the said yearly Revenue shall be paid into the Publick Treasury and shall be issued out for the Vses aforesaid XXIX That in case there shall not be cause hereafter to keep up so great a Defence at Land or Sea but that there be an abatement made thereof the Money which will be saved thereby shall remain in Bank for the Publick Service and not be employed to any other use but by consent of Parliament or in the intervals of Parliament by the Lord Protector and major part of the Council XXX That the raising of Money for defraying the Charge of present extraordinary Forces both at Land and Sea in respect of the present Wars shall be by consent in Parliament and not otherwise save only that the Lord Protector with the consent of the major part of the Council for preventing the Disorders and Dangers which may otherwise fall out both at Sea and Land shall have power until the meeting of the first Parliament to raise Money for the purposes aforesaid and also to make Laws and Ordinances for the Peace and Welfare of these Nations where it shall be necessary which shall be binding and in force until Order shall be taken in Parliament concerning the same XXXI That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remain yet unsold or undisposed of by Act or Ordinance of Parliament belonging to the Common-wealth Except the Forests and Chases and the Honours and Manors belonging to the same the Lands of the Rebels in Ireland lying in the four Counties of Dublin Cork Kildare and Katerlaugh the Lands forfeited by the People of Scotland in the late Wars and also the Lands of Papists and Delinquents in England who have not yet compounded shall be vested in the Lord Protector To hold to him and his Successors Lord Protectors of these Nations and shall not be aliened but by consent in Parliament And all Debts Fines Issues Amerciaments Penalties and Profits certain and casual due to the Keepers of the Liberties of England by Authority of Parliament shall be due to the Lord Protector and be payable into his Publick Receipt and shall be recovered and prosecuted in his Name XXXII That the Office of the Lord Protector over these Nations shall be Elective and not Hereditary and upon the Death of the Lord Protector another fit Person shall be forthwith Elected to Succeed him in the Government which Election shall be by the Council who immediatly upon the death of the Lord Protector shall assemble in the Chamber where they usually sit in Council and having given notice to all their number of the cause of their Assembling shall being Thirteen at least present proceed to the Election and before they depart out of the said Chamber shall Elect a fit person to succeed in the Government and forthwith cause Proclamation thereof to be made in all the three Nations as shall be requisite And the Person that they or the major part of them shall Elect as aforesaid shall be and shall be taken to be Lord Protector over these Nations of England Scotland and Ireland and the Dominions thereto belonging 〈◊〉 Provided that none of the Children of the late King nor any of his Line or Family be Elected to be Lord Protector or other chief Magistrate over these Nations or any the Dominions thereto belonging And until the aforesaid Election be past the Council shall take care of the Government and administer in all things us fully as the Lord Protector or the Lord Protector and Council are enabled to do XXXIII That Oliver Cromwel Captain General of the Forces of England Scotland and Ireland shall be and is hereby declared to be Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions thereto belonging for his life XXXIV That the Chancellor Keeper or Commissioners of the Great Seal the Treasurer Admiral Chief Governors of Ireland and Scotland and the Chief Justices of both the Benches shall be chosen by the approbation of Parliament and in the intervals of Parliament by the approbation of the major part of the Council to be afterwards approved by the Parliament XXXV That the Christian Religion contained in the Scriptures be held forth and recommended as the publick Profession of these Nations and that as soon as may be a Provision less subject to scruple and contention and more certain than the present be made for the Encouragement and Maintenance of able and painful Teachers for instructing the People and for discovery and confutation of Error Heresie and whatever is contrary to sound Doctrine And that until such Provision be made the present Maintenance shall not be taken away nor impeached XXXVI That to the publick Profession held forth none shall be compelled by penalties or otherwise but that endeavours be used to win them by sound Doctrine and the Example of a good Conversation XXXVII That such as profess Faith in God by Jesus Christ though differing in judgment from the Doctrine Worship or Discipline publickly held forth shall not be restrained from but shall be protected in the profession of the Faith and exercise of their Religion so as they abuse not this liberty to the civil Injury of others and to the actual disturbance of the Publick Peace on
the Treasury and the Lord chief Baron with him but the Commissioners General Mountague and Col. Sydenham were often absent by reason of their attendance upon the Council 20. The Officers of the Army attended Richard and made large professions to him of their obedience and faithfulness and he courted them at a high rate 23. The Funeral of the old Protector was celebrated with great Solemnity The Officers of State the Council the Lord Mayor and Aldermen of London the House of Lords the Officers of the Army the Servants of the Protector the Judges and Officers of Law the Citizens of London the Souldiers in their Troops and Companies the ordinary Guards and an infinite number of Spectators within the Rails of the Streets and in the Windows At this Solemnity were also present the foreign Ministers and Ambassadours 25. More Addresses were presented to Richard from several Counties 26. Richard knighted General Morgan a very gallant person 27. Serjeant Windham and Serjeant Nicholas were made Judges and Mr. Archer was made a Serjeant 29. Several Audiences were given by Richard to foreign Ministers sent to him from neighbour Princes and States to condole the death of his Father and to Congratulate his Succession to the Government December 1658. 4. Richard by advice of his Council resolved to call a Parliament to meet on the 27th day of January next 6. Richard knighted Captain Beke 9. More Addresses were made to Richard 19. New Addresses to Richard January 1658. 21. Letters from the Mayor and Aldermen of Oxford for assistance to suppress some unruly persons in the City 27. The Parliament met 30. Whitelocke met about the business of the Great Seal whereof he was now again made a Commissioner Richard had a particular respect for him and upon the 22th day of this Month by advice of some near to him without any seeking for it by Whitelocke he was sent for to Whitehall where he met the two Lords Commissioners of the Seal Fiennes and L'Isle and they together being called in to the Council-chamber the Great Seal was delivered to his Highness sitting in Council and his Highness presently delivered it to Fiennes L'Isle and Whitelocke as Keeper of the Great Seal of England This passage was wondred at by many and some thought that Fiennes desired it finding L'Isle not so capable of executing that place as was expected and his want of experience in that business and multitude of other occasions and his attendance on Richard and the Council made him willing to have Whitelocke's help in the business of the Seal 31. Mr. Challoner Chute was chosen Speaker of this Parliament an excellent Orator a man of great parts and generosity whom many doubted that he would not join with the Protector 's Party but he did heartily The Members of the House of Lords took their places being summoned by the like Writ as they had before according to the Petition and advice February 1658. 3. Order for the Commissioners of the Treasury to give an account to the House of the State of the publick Treasure 4. A Fast Day kept in both Houses 8. The House of Commons debated the Bill of Recognition of his Highness to be Lord Protector and some were very cross in that business which caused doubts of the good issue of this Parliament 9. The Members returned for Scotland and Ireland to serve in this Parliament appeared very full 10. The House voted several Members uncapable to sit because they had been in Arms against the Parliament 11. Mr. Tussel an Attorney was shot into the Head with a brace of Bullets from the other side of the Street as he fate in his Chamber and died presently who did it was not known 11. Letters from the Earl of Stamford to Whitelocke complaining of his being put out of Commission of the Peace and the like done to other persons of Quality and of mean men being put into Commission who insult over their betters and desiring Whitelocke now being restored to the custody of the Seal for which all good men rejoyced to consider of and amend such things 16. The House were busie in debate upon the Act of Recognition Mr. Sherwyn who was a Member of the House was ordered to bring in the state of the account of the publick Treasure delivered to him by the Commissioners of the Treasury 17. Mr. Sherwyn delivered in this account which was very exact the Commissioners of the Treasury and Mr. Sherwyn having taken great pains about it 19. Vote of the House of Commons to take into consideration the constitution of the Parliament in two Houses This caused much discourse and doubts of many least a disagreement should follow and some of the Court and Relations of Richard were not backward to promote a difference 22. The bounds and limits of the other House were debated and the debate adjourned 25. Whitelocke had fair Quarter with Fiennes and L'Isle in the business of the Seal but the greatest burden of the place lay upon Whitelocke 26. Several Addresses were made to Richard from several Towns and Places during the sitting of the Parliament March 1658. 1. The Commons voted the question to transact with the persons now sitting in the other House as an House of Parliament should be debated 4. Debate touching the other House 8. The Commons voted that their debate about transacting with the other House should be no bar to such Peers as have faithfully served the Parliament 9. The Speaker Mr. Chute being ill Sir Lillisbone Long was chosen to supply his place in his absence 10. Several Addresses to Richard from Regiments of the Army 16. Sir Lillisbone Long the Speaker pro tempore not being well Mr. Bamfield was chosen Speaker pro tempore Sir Lillisbone Long died a very sober discreet Gentleman and a good Lawyer 19. Some Members of the House by order went from the House to visit their Speaker Mr. Chute which was a great Honour to him and he had so much gained the affection of the House that he swayed much with them 23. Letters of the Peace betwixt the Kings of Sweden and Denmark 26. Letters that in the Countrey the News was that the Parliament should be dissolved and that Troops of Horse were met marching to London Vote of the Commons to restore Major General Brown to his places in London 28. The Commons voted to transact with the persons sitting in the other House as an House of Parliament saving the right of the Peers who had been faithfull to the Parliament this gave hopes to some of an agreement against which many laboured 29. A Bill for taking away the Excise and Tunnage and Poundage after the Protector 's death which stumbled his Friends 30. The Commons voted a Day of Humiliation to be kept in the three Nations April 1659. Anno 1659 5. The Title of the Declaration for the Fast was voted to be of the Protector and both Houses of Parliament Haslerigge
be of dangerous consequence to the Peace and Rights of his Country To prevent which and to keep things in a better order and form he might be instrumental in this Imployment Upon these and the like grounds as also by the ingagement of divers of the Committee to joyn with him therein he was perswaded to undertake it and did meet with them at the place appointed where he was received by them with all respect and civility The Instructions of the Committee of Safety were presented to them 29. The Committee sate all day The Armies Declaration was published of the grounds of their late proceedings A Letter came from General Monk to the Officers of the Army here of the dissatisfaction of himself and some of his Officers in the late proceedings of the Army here Persons were sent to him for his better information He secured Berwick for himself Lambert was appointed to command the Forces in the North and to have more Regiments with him 31. Bradshaw died of a Quartan Ague which had held him a year a stout man and learned in his Profession No friend of Monarchy November 1659. 1. The Committee of Safety appointed Fleetwood Whitelocke Vane Ludlow Salwey and Tichburn a Committee to consider of a Form of Government for the three Nations as a Commonwealth and to present it to the Committee of Safety Whalley and Goffe and Caryl and Barker Ministers were sent to Monk to perswade him to a right understanding of things and to prevent effusion of blood This Order was made at the Committee of Safety Thursday Novem. 1. 1659. At the Committee of Safety at Whitehall The Committee of Safety taking into consideration the necessity of disposing of the Great Seal so as the same may be made use of for the publick service and the administration of Justice Ordered that the custody of the Great Seal of England be committed to the Lord Whitelocke as Commissioner and Keeper of the said Great Seal until further Order And the same was accordingly delivered to his hands by the Lord President And ordered That an Entry of the delivery of the Great Seal to the said Lord Whitelocke as Commissioner and Keeper of the said Great Seal be made in the close Roll in Chancery and in the Office of Petty Bagge William Robinson Clerk of the Committee of Safety 2. A new Letter was sent to General Monk from the Officers here The Lords Northampton Falkland Castleton Herbert Howard and Bellasis were discharged from Imprisonment upon security to live peaceably and this was to ingratiate with the Cavaliers Letters from Edenburgh that General Monk and many of his Officers had declared for the Parliament against the Officers of the Army in England and that General Monk had imprisoned some of his Officers who were of a different judgment and put others out of their Command and was preparing all things in order to restore the Parliament Letters from Colonel Pearson who dissented from Monk and that many of his Officers and Souldiers would not joyn with him against the Army in England 3. The Commissioners of the Militia of London wrote to Monk to perswade him to an Accommodation Lambert went towards the North. 4. Letters from Ireland of the Forces there concurring with those here An Answer Agreed upon to a Letter from Monk Fleetwood Whitelocke Desborough and Tichburn went to the Lord Mayor and Court of Aldermen in London and acquainted them with the proceedings of Monk and with the danger of a new Civil War to the City and Kingdom and advised them to take special care for the prevention of it and for securing the City 5. New Commissions ordered for raising of new Forces to Vane for a Regiment of Horse and another to Whitelocke for a Regiment of Horse and other Commissions to others The General Council of Officers kept this a day of fasting Letters from Scotland that Monk had secured several of his Officers and resolved to march into England That divers of his Officers and Souldiers were discontented Other Letters that Monk was entered England with some Regiments but retreated An Address to Fleetwood from the Officers of the Northern Forces of their resolution to joyn with the Forces here 7. The General Council of Officers met and received Letters from the North. 8. An Answer to Monk's Letter agreed upon by the General Council of Officers Fleetwood Whitelocke Desborough and divers principal Officers of the Army went to the Common Council in London and represented to them the proceedings of Monk and that the bottom of his design was to bring in the King upon a new Civil War They shewed the danger of it to the City and Nation and counselled them to provide for their own safety and to joyn for the safety of the whole Nation and for preservation of the Peace The Common-council returned thanks to them and resolved to follow their advice 9. Letters from Scotland of the probability of a friendly Accommodation The like from several persons in the North. Letters from the Officers of the Fleet to Monk and his Officers to incline them to an Accommodation to this effect THE deep sense we have of the Duty incumbent on us in this day of Englands fears tryals and temptations puts us upon this Application to your Honour unto whom not long since most of us had a more immediate relation and the experience we had then of your readiness to receive and grant our just desires gives us encouragement to believe this present tender will have the like resentment As private Members of this Commonwealth we cannot but take notice of and in secret bewail before the Lord the intestine divisions that are amongst us at this day and the dreadfull consequence likely to ensue thereupon when duly pondered do exceedingly afflict and even break our hearts All the force that the common Enemy whilst in his strength was able to muster up against the good people of this Nation either at home or from abroad could never raise such Clouds of fears nor impress those terrours on our hearts as we now lie under from the apprehension of that evil which attends that distance which is between you and the Army in England which being manifested to us by a Declaration lately sent from Scotland and published by your command and resolutions therein expressed of your vindicating the late Parliament in opposition to the general proceeding of the General Council of Officers here we have taken the boldness not only as private Christians but in our pubblick capacity as Officers of the Fleet to beseech you in the bowels of mercy and compassion to this your Native Country and especially to all the Lord's people therein whose interest we remember hath formerly been precious to you seriously to consider 1. Whether the undertaking you are ingaged in will not make the hearts of the righteous sad whom the Lord hath not
made sad and strengthen the hands of the wicked that he should not return from his wicked way It being obvious to us where ever we come that few or none take pleasure in your proceedings but the Cavaliers who make their boast of you and place their confidence in you which as it is irkesom to us to hear so we trust and shall pray that the Lord will preserve you from such a defection as knowing that never any prospered that helped them 2. Whether this suddain resolution against your Brethren of the Army on account of their late Transactions have not some proportion with what the Israelites intended against the Tribes of Reuben Gad and the half Tribe of Manasseh when they had built an Altar of Memorial on this side Jordan And whether the same means if used by you for information of matter of fact as by them might not through the Lord's blessing have the same effect and thereby not only blood-shed be prevented but the work of Reformation carried on And truly though we shall not undertake to justifie the Army in their late Actions as being very unable to judge of such important Affairs not having been of the Council yet we hope that in the integrity of their heart and innocency of their hands they have done this thing which we apprehend to be the ground of your dissatisfaction And on this occasion we crave leave to remind you That as you were satisfied with the former Dissolution of this very Parliament in the year 1653. and were pleased to continue your Command at Sea in that juncture when as the undertaking of the late Lord General Cromwell was not so clear to others and through the blessing of God obtained two signal Victories against the Dutch even in that Interregnum so we earnestly desire you will hearken unto and receive satisfaction from the Officers of the Army in what they have to offer in this particular 3. We humbly offer to consideration Whether in your own observation it be not apparent that this Army have in their actings hitherto cordially designed the advancement of God's glory and the promoting and encouragement of godliness and vertue though in persons of different judgments and perswasions And whether the Cause of God and his people hath not hereby been preserved and maintained against all opposition 4. Whether by such undertaking if prosecuted the common Enemy in Scotland will not soon recover strength and become as obnoxious to England as in former times though of late through your singular Prudence Industry and Care they have been kept under And whether the espousing of an Interest distinct from your Brethren of the Army in England as is reported contrary to those righteous Principles that have hitherto been contended for will not instead of purchasing our desired Liberties render the good people of these Nations to a condition of perfect thraldom and bondage The state of Affairs being such in our weak apprehensions we have taken this freedom to unbosom our hearts to your Honour and shall earnestly pray they may take some place with you in order to the begetting of a good understanding and agreement between your self and your Brethren here that both you and they as also our selves in our several stations by Land and Sea may with one heart and consent be found doing the Lords work in this present Generation in opposition to all corrupt Interests whatsoever In attending whereunto a blessing may be expected from the Lord. In him we are Novem. 4. 1659. Your Honour 's humble Servants Richard Stainer John Lambert Tho. Bunn John Bourn Robert Clark Tho. Sparling Bartholom Ketcher Charles Wager Will. Goodson Anthony Earning Rich. Newberry Henry Fen Franc. Allen Nath. Brown Peter Bowen John Stoakes Robert Story Henry Pack John Grove Edw. Witheridge Richard Haddock Christoph Myngs Commissions granted to raise Voluntiers 10. Letters to Monk and his Officers to the same purpose from the Forces in Ireland It was agreed that three Commissioners of Monk's part should treat with three Commissioners on Fleetwood's part 11. Monk's three Commissioners coming to York discoursed there with Lambert and so far satisfied him of the reality of Monk's Intentions for Peace that Lambert sent Orders to stop his Forces from marching further Northward This being informed to the Committee of Safety it was moved to write to Lambert to advance with all his Forces speedily to Monk to indeavour to attaque him before he should be better provided and it was said by some that they suspected the reality of Monk's Intentions for Peace but believed rather that he sought delays This advice was not taken The Committee of Safety made this Order Whereas this Committee have thought it necessary for the better management of the publick Revenue of this Commonwealth to appoint several persons to be Commissioners of the Treasury and have directed a Commission giving them powers in that behalf to be engrossed to pass the great Seal of England These are therefore to authorize you to pass the said Commission under the said Great Seal accordingly For doing whereof this shall be your Warrant Given at the Committee of Safety at Whitehall the 11th of Novem. 1659. Signed in the Name and by order of the Committee of Safety A. Johnson President To Bulstrode Lord Whitelocke Keeper of the Great Seal of England They also made this Order Whereas this Committee have found it necessary for preservation of the peace and safety of the City of London to appoint several persons to be Commissioners for the Militia of the said City and Liberty thereof and have directed a Commission in that behalf to be engrossed to pass the Great Seal of England These are therefore to authorize you to pass the said Commission under the said Great Seal accordingly for doing whereof this shall be your Warrant Given at the Committee at Whitehall this 11th day of November 1659. Signed and delivered as the other 12. An account of their Forces given by the Militia of London and other Militia's to the Committee of Safety Monk's three Commissioners arrived to Treat 16. The Treaty proceeded with the three Commissioners of Monk and three of Fleetwood's and they agreed upon some Articles They agreed that a Committee of Nineteen should be appointed Five for England not Members of the Army which were Whitelocke Vane Ludlow Salwey and Berry and Five for Scotland St. John Wareston Harrington Scot and Thompson the rest for England Scotland and Ireland to be Members of the Army They to determine of the qualifications of Members of the Parliament That two Field Officers of every Regiment and one Commissioned Officer of every Garrison and ten Officers of the Fleet shall meet as a General Council to advise touching the Form of Government 16. This Argument was concluded Letters from the Commissioners in Ireland of the quiet posture there 17. Monk gave more cause of the suspicion of his design 18. Fleetwood was advised not to
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
and that he would be ready to use his endeavour in what might conduce to the good of the Town Letters informed of some armed Forces that marched through Lancashire and Westmerland towards the borders of Scotland 8. Debate upon private Petitions Orders to provide for Reformadoes and Soldiers Widows Six of the Impeached Lords Petitioned for further time for their answers and it was granted them till the twelfth of April next Order of both Houses for Mr. Marshall to return from Scotland An Ordinance sent up to the Lords for the sale of some Lands of the Earl of Newcastle to Col. Whaley Order for Money for poor Widows of Soldiers and a reward given to the Auditors of the Soldiers Accounts Letters from Holland certified that the Lord Willoughby of Parham was come thither 9. The House debated and confirmed the ingagement of their Members who were forced by the tumults from Westminster and the subscription by them Aug. 4 1647. testifying a zeal to the Publick and a resolution to vindicate the honour and freedom of Parliament Divers Inhabitants of Bucks presented a Petition and remonstrance to the House acknowledging with thanks their unwearied Labours for the Publick the great successes God had given them and the continuance of their care and faithfulness They resolve to adhere unto and stand by the Parliament to their utmost ability against all opposers They desire them to proceed to a speedy setling of the Civil Government as may most conduce to the freedom and happiness of the Nation to promote Religion according to the Word of God to incourage able Ministers and to cast out such as are Scandalous and to be tender of the Consciences of those whose Conversation is as becometh the Gospel to relieve Ireland and to secure themselves from violence The Petitioners had the thanks of the House for their constant good affections and the Speaker told them that the House had ordered their Petition to be Printed as a pattern for other Counties and would consider of the particulars of their Petition in convenient time Order touching Augmentations for Ministers Sir John Strangeways upon his Petition was admitted to his Composition and the Money which should be raised thereby was ordered for the Navy 10. Order for an Ordinance for electing a Lord Major Aldermen and Common Councelmen of York as had been formerly for London Debate upon the confession of Faith 11. Debate about the draining of the Fennes in Lincoln-shire c. and about matters presented by the Committee of Accounts which were referred to a Committee Upon Information that the Troop which marched through Lancashire towards the borders of Scotland was Captain Wogans Troop and he with them who had slighted several Orders of the General 's and now hoped to find invitation to Scotland The General sent Orders to Col. Lambert and to the Sheriffs of the Northern Counties to stop Col. Wogans March and to deal with him and his Party as Disturbers of the publick Peace 13. Upon reading the Impeachment and hearing of Proofs against Sir John Gayer late Lord Major of London the House pass'd the Articles against him the like against Alderman Bunce Alderman Adams Alderman Langham and ordered them to be sent up to the Lords and their Lordships be acquainted that the House is ready to make good their Charge against the Aldermen The House approved of the Ingagements of Col. Welden for supplyes for the Garrison of Plymouth and ordered them to be paid accordingly Order to desire the Parliament of Scotland to give direction to seize and apprehend Captain Wogans Forces or any such that shall march into Scotland being discontented Persons who endeavour to forment new differences Reference to the Committee for Irish Affairs to examine and state the business concerning accounts for Provlsions for London-derry between Mr. Goring and Mr. Thornton Merchants Mr. Dell who was Chaplain to the General took his leave of the Army and retired to his private home Letters from Scotland informed That the Divines there have presented to the Parliament their resolution against adhering to on joyning with the King and his Party That a Letter from the King to the Commissioners of the Kirk was voted by them of a dangerous consequence that some of the Kirk are joyned to the Committee of danger who have in consideration these particulars 1. The danger of Religion in both Kingdoms 2. The carrying on of the Covenant 3. The state of the King 4. Monarchical Government 5. The danger Scotland is in 6. The Vnion of the two Kingdoms That the English Horse which are come into Scotland are not received the English Commissioners declaring to the Parliament there that these Horse come not by any authority of the Parliament of England They lye at their own charge and pay Quarter 14. Divers Compositions passed An Explanatory Ordinance for sale of Bishops Lands sent up to the Lords Reference of a Petition touching matter of Priviledge upon a Bond from a peer who doth not now sit in the House of Lords Sir Hardress Waller published a Declaration or Representation to the Counties of Devonshire and Cornwall where he commanded the Forces Expressing the Honour and Justice of the Parliament and their General in their proceedings and in the distribution of the Forces in those Counties and touching the Assessments and freeing the Countreys from the burden of free Quarter perswading them to complyance with the Orders of Parliament and to pay the Assessments and promiseth his utmost endeavour in his Station to preserve and further the Peace and good of those Counties 15. A Message from the Lords to the Commons That their Lordsnips had agreed to the Ordinance for the maintenance of the Army under Sir Thomas Fairfax Also that they had agreed to the Ordinance for committing the custody of the great Seal of England into the hands of Commissioners of both Houses viz. The Earl of Kent Sir Thomas Widdrington Knight and Bulstrode Whitelocke Esquire for one year only their Lordships desired that the Lord Grey of Werke might be added to the said Commissioners and that one Lord and one Commoner might be of the Quorum And in regard the Commissioners of the House of Commons were in the Circuits and shall not return till the beginning of the next Term whereby much dammage would accrue to the Subject by not having Commissions and Writs Sealed before the Term as usually it was desired that the Earl of Kent and the Lord Grey might have power to sign Commissions and Writs till the tenth of April next to which the Commons after some debate assented The Ordinance of both Houses of Parliament for the custody of the great Seal was of this Tenor Die Mercurii 15 Martii 1647. An Ordinance of the Lords and Commons assembled in Parliament for Committing the Great Seal of England into the Hands and Custody of Commissioners The Lords and Commons in Parliament Assembled do Order and Ordain
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
a Pass for himself and his attendants forty Horse but none other to go over with him Report by Lieutenant General Cromwell from the Committee of Estates that according to the Order of the House nineteen of the Committee had subscribed for approving the Kings execution but that two and twenty of the Committee had refused Not but that they confest except one the Commons in Parliament to be the supreme power of the Nation and that they would live and dye with them in what they should do for the future But they could not confirm what they had done in relation to the King and Lords this report was committed Debate about disbanding the Kentish Forces and referred to a Committee to examine the publishing of Papers to Proclaim the Prince to be King The high Court of Justice sate and witnesses proved that the Earl of Cambridge was Prisoner to the Lord Grey before the Articles with Major General Lambert were concluded Letters produced signed with his own hand to Sir Marmaduke Langdale touching the carrying on of the design in England and passages touching his Friends in Colchester Proved also that he was called by the late Kings Writ to sit in Parliament in the Lord Houses by the name of Earl of Cambridge and appeared as Earl of Cambridge and acted as a Peer of England sitting in the Lords House and in divers Committees That as a Peer of England he took the National Covenant and subscribed to it Cambridge in the House of Peers and took the Negative Oath before the Commissioners of the Great Seal as a Peer of England Letters from Scotland that Sir Joseph Douglas was chosen by their Parliament to go to their new Proclaimed King to acquaint him with what the Parliament had done and to desire him to take heed of evil Counsellours That they are putting the Kingdom into a posture of defence Colonels chosen in all the Shires and every fourth man to be arrayed and trained Letters from Pontefract that one Beaumont a Priest was executed for corresponding with the Garrison in Characters and he chose to dye rather than to discover the Characters At the Council of State they were all demanded to subscribe the test appointed by Parliament for approving all that was done concerning the King and Kingship and for taking away the House of Lords and against the Scots invasion c. All the Lords and divers other Members of the Council refused to subscribe this test the General desired to be spared for what was past as to subscribing but he and the rest of the refusers affirmed that for the future if the Parliament thought them worthy to be imployed they would joyn with them and faithfully serve them Many of the Commons refusers to sign it as it then was made divers scruples some to one part of it some to another Whitelock scrupled that part of approving the proceedings of the High Court of Justice because he was not privy to them nor did know what they were in particular nor ever heard any report of them made to the house and not knowing what they were he could not sign that paper to approve of them the like was said by divers others 20. Offer for Merchants approved to send out Ships at their own charge in the next Summers Fleet. Order for three thousand pound for the Maimed Souldiers and for Sale of the Crown Jewels Hangings and goods to raise money for the Navy An Act for the Commons to call Common Councels in London Debate about the Act for Sale of Deans and Chapters Lands 21. Letters directed from the House to the Judges in their Circuits to give order for due payment of the Excise and that all rioters against it be punished Upon a report from the Council of State an Act passed for repealing the Commission to the Earl of Warwick as Lord Admiral and an Act Ordered to be brought in giving power to the Commissioners of the Navy to command the Fleet as the Lord Admiral had done An Act passed for the Company of Weavers in London The Hart Frigat revolted to the Prince the Sea-men set the Captain on shore the Prince was courted at the Hague as King but not by the States publickly The High Court of Justice sate and their order was read to the Lord Capel that they would hear what he could say this day and then proceed to judgement He said he was to be comprehended wholly in the Martial Law and urged the Articles again which excepted Tryal after by Parliament that divers that were in Colchester in his condition had compounded That breaking Prison for Treason by Common Law was but felony and benefit of Clergy might be had at last when he could not get the resolution of the Court to be referred to a Tryal by Martial Law He moved that he might not be barred of additional defence and that if he must be judged by the Common Law he hoped he might have the full benefit of it He urged for it the late Act which saith though King and Lords be laid aside yet the fundamental Laws shall be in Force He recommended to the Court Magna Charta and the Petition of Right and prest the consideration of the Act made in favour of those who assisted K. Hen. 7. and the exception in the Acts touching the Lord Strafford and Canterbury that they should not be drawn in precedent He desired to see his Jury and that they might see him and to be tryed by his Peers and said he believed that a precedent could not be given of a subject tryed for his life but either by Bill in Parliament or by a Jury Witnesses were heard against the Earl of Cambridge 22. Debate about the business of the Navy and to incourage the Sea-men Order that the Councel of State take care for preserving the Library Medals and Statues at St. James's An expedient assented unto for the Members of the Council of State that they should subscribe the test to approve of what shall be done by the Commons in Parliament the supreme Authority of this Nation but nothing of confirming what was past Referred to the Council of State to take care for the preserving of Timber for the Navy The Earl of Cambridge brought before the High Court produced his witnesses some of whom were disallowed being Officers under him and so Participes Criminis He pleaded that he had not broken the Negative Oath for he had not ingaged against the Parliament but for the ends in the Scots Declaration His Council moved that they might with the Council of the Common-Wealth state the case of the Earl but this was denyed being in case of Treason and that the Earl's Council could only declare their opinions in point of Law Upon the Earl's desire he had further time granted him The Council of the Army Ordered some to prepare a draught of such things as might be presented by them to the
and confiscation of his Estate They also voted that Mr. Walter Montague shall depart this Nation within 10 Dayes and not to return without leave of the House upon pain of Death and confiscation of his Estate and that this Vote be sent to him Ordered that the Commissions formerly granted by the King and his privy Councel to Mr. Mayo and others for apprehending of convicted Recusants be renewed The House declared That if any after the publishing of these Votes shall harbour or conceal the Bodies of Sir Kenelm Digby and Mr. Montague their Estates shall be Sequestred Order for these Votes to be Printed and proclaimed in the City Referred to the Councel of State to take care for the apprehending of Sir John Winter he having stayed beyond the time formerly granted to him This being Fryday the House adjourned till next Tuesday September 1649. Sep. 1 This day the House did not sit Letters of some of the Train Horse and a Regiment of Foot designed for Ireland yet behind and Shipping expected for them Letters of a Ship in Weymouth Harbour that by the late fierce Thunder and Lightning there had her main Mast rent from the top to the bottom in 40 pieces and the Missen Mast quite hurled out of its place and so broken that if she had been at Sea it would have sunk her 3 Letters giving an account of the Parliaments Ships before Kingsale and proposals for a winter Guard and that Prince Rupert hanged 10 of his Men for offering to go away from him Letters that in Scotland they are framing new Letters to be sent to their King putting him in mind of the Covenant but for his parting with Malignants a few will serve their turn and if he saitsfy the Kirk he then becomes a godly Man That those of their Party are faithful and none other That they put no difference betwixt Malignants and Sectaries That if the King imploy excommunicated Montrofs he will be left to himself That they see it will be impossible to govern these wilder Parts of Britaine without the Name and Authority of a King That more and more Witches were condemned to the Fire 2 that day 11 the next day and 25 burnt before Letters from Chester That Ireton was designed for Munster but after 10 dayes lying at Sea he was fain to put in at Dublin That Ormond cleared Tredah of all Superfluous Persons and made it as strong as he could That the Buffe Coats were in the Pulpits of Dublin An Act passed prohibiting the bringing of Hats or Hatbands from beyond Seas An Act passed for all Officers to take the Oath to be true and faithful to the Common-Wealth of England without King or Lords One Summer for counterfeiting the Hand and Seal of the General and cozening the People thereby was committed to the Marshal Goal to be tryed for it by a Councel of War 4 Order to renew a Lease for 40 Years of Deanes Lands for relief of 20 poor People in Lincoln The Act past for discharging poor Prisoners for Debt who are unable to satisfy their Creditors Letters from St. Germins That there were great Consultations what Course should be taken by the Prince of Wales Letters that 4 Men of War Ostenders took 4 Coal Ships and sunk 3 of them gave the 4th to 40 poor Mariners to carry them home into England having taken from them all they had Letters from Ostend That there was great Endeavours to draw in Assistance for Prince Charles pretending that Ormond was possessed of Dublin and with a very great Army was preparing for England and that the Prince was going over to take Possession of Ireland That there was a Proclamation reciting that by the Mariners there going to the King of Scotland in hopes of profit the King of Spains Navy wanted men and therefore commands that upon pain of Death no Flemming or Spaniard do serve in the Ships of the King of England 5 Debate of a new Oath and Ingagement to the present Government A Proclamation from the General forbidding the Souldiers to have Hounds or Greyhounds or to kill Deer or Conyes in any Chases Parks or Warrens 6 Order for Mr. Hallowes to have his Lease renewed of Lands which he held of the Duke of Bucks Order giving more time to double upon the purchase of Deans and Chapters Lands Order touching Compositions Sir John Winter disclaimed the Pope and all Forreign Power and put himself upon the Mercy of the Parliament Letters that the Lieutenant of Ireland Mustered 17 Regiments of Foot and 5000. Horse in all 15000. 18 Souldiers brought Prisoners for stealing Deer in Surrey The Act passed for Oaths to Majors Justices of Peace and other Officers in this Form You shall Swear that you shall be true and faithful to the Common-wealth of England as it is now established without a King or House of Lords You shall well and truly Execute the Office of a Major c. Divers Compositions of Delinquents past Letters that C. Popham lost a Vessel overset with the foul Weather Mr. Love was before the Commitee of Plundered Ministers but the charge against him not proved Letters that the Lieutenant of Ireland was Marched forth out of Dublin Souldiers appointed to be tryed by a Court Martial for killing of Deer Two Souldiers Sentenced by a Court Martial one to Ride the Wooden Horse with 8 Muskets at his Heels and the other to run the Gantlope for robbing on Orchard and affronting an Officer of the Army Petitions of Maiemed Souldiers for Money Another of reduced Officers and Souldiers for their Arreares referred to a Commitee 17 Several Gentlemen of the House and of the Army and others met with some of those called Levellers to confer together and indeavour a right understanding and Agreement between all Interests And for the better effecting thereof it was moved that Walwyn Prince and Overton close Prisoners in the Tower might have the Liberty of the Tower Which the Councel thought â—it and upon their Reports to the House it was assented unto A Petition of the Garrison of Plymouth referred to a Commitee Allowed to the Earl of Denbigh 1700 l. for his Charges due to him when he was Ambassador in Italy Order for an Act for 7000 l. for the Town of Taunton out of Sir John Stowells Estate and another Delinquents The House adjourned 8 Letters of some disorder in the Garrison of Oxford somented by the Levellers and Cavaleers The Souldiers proposed to have a new Representative and this to be dissolved to have Agitators to maintain the Ingagments at Triplo-Heath c. Intercepted Letters to the L. Cotington advising the King to a seeming complyance with the Levellers as the likelyst way to do his work that they have caused the Speaker to be accused by some Discontented Prisoners and that the best Service the Kings Friends do him is to set on the Levellers C. Thomlinson and C. Ingolesby sent to Oxon to quiet the distractions
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
near to Dublin and took away much Cattle From Coventry That a Souldier of C. Prides Regiment was sentenced to be tyed neck and heels together and to be set where the whole Regiment should march by him and to be cashiered for stealing a Hen and putting it under his Coat in his March which Justice pleased the Country 12 A Letter from the Officers of the General his Regiment of Foot to their fellow Souldiers exhorting them to Prayer and Vnity and full of pertinent and wholsom Scripture Expressions and good Councel 13 From Chefler that the Bishop General Macmoghun a vicious wicked wretch is in the head of the Northern Irish From Newcastle That in the Marches of Scotland they have listed every fourth man That some of their Forces are marched to Sea Towns to attend the arrival of their King That they are much started at the News of the English Armies marching Northwards That they will not believe Cromwel to be come to London That the Kirkmen bid the People not to fear as the Malignants even so shall all Sectaries Perish The Solemn Fast kept the Parliament Councel of State G. Fairfax L. G. Cromwel and the Judges being all together 14 From Edenburgh That Dalgely of Montrosses Party being sentenced to be beheaded and brought to the Scaffold ran and kissed the Scaffold and without any Speech or Ceremony layed down his Head on the Block and was presently beheaded That they recruite their Army That they put it to the Vote in Parliament Whether they should make any more addresses to the King and it was carryed to send another Letter to him To desire his speedy coming thither and they will endeavour to set him on his Throne and will passe by those things contrary tohis Agreement found in the Letters about Montross if he will now come in and comply with them and they forbid divers great Men to come into Scotland From Beaumaris That Sir Thomas Armstrong the Lord Moore M. G. Oneal M. G. Barry with divers Officers and 250 Horse came into Dublin From C. Reynolds That few strong Places in Ireland remain unreduced That some of their Ministers Preach Damnation to the Parliaments Army and to all that Assist them That the Army and Garrisons there subscribed the Ingagement unanimously so have the Magistrates and generally the Inhabitants though not required to do it That the Enemy taking Toome Veneables was sent to reduce them which he did and in the mean time the Enemy got into the Woods between his Party and Sir Charles Coots that they could not joyn That in their absence many Scotch Ministers were sent to debauch the People in those parts of Ireland That the Enemy are about 5000 Foot besides Horse yet dare not fight with a much smaller Party of the Parliaments Forces who are almost naked and full of sickness for want of Cloaths That they secured some Scotch Ministers 15 Letters of a very solemn keeping of the Fast day at Shrewsbury and of the Militia settled in Herefordshire Of a great perplexity in Scotland by the Kings delaying his coming thither and of Montrosses Brother designing to sail with his Brothers Frigot to Norway the Captain and divers others being on Shore the rest of the Mariners brought the Ship to Leith and in it divers Papers of consequence with Subscriptions of Ministers and Lords to the Declaration of Montross 17 Letters That the Levyes go on in Scotland and that the People cry out upon the Taxes and they shall be undone if the English Army come into Scotland before theirs be ready That the Ministers do preach against what their Commissioners have done That the Parliament Army about York is full of Courage and desirous of Service That in Holland Van Trump commanded out all the Men of War to wait on the Prince into Scotland The Parliament had a long debate and passed several Votes about ordering of Monies for the Armies in England and Ireland 18 Several Orders about Monies for the Navy and for Supplies for them and for the Forces in England and Ireland Letters from several Garrisons to the Officers of the Army at the Head Quarters in answer to theirs about the Fast and which were full of Courage and Piety 19. Letters that the Vlsters about 6000 in a body 〈◊〉 dmuch spoyl in Sir Charles Cootes Quarters That the Clergy about Chester kept a Fast Day rather to pray against than for the Parliament and Army Of Recruits ready for Ireland That 900 in one Parish near Leverpool willingly took the Ingagement That divers Gentlemen about Exon were secured by the Militia there That the Ministers there refused to publish the Fast Day but the People generally kept it and shut up their Ships That the Ld. G. his Regiment and the Train were at Nottingham in their March North-wards 20 Letters to the Officers of the Army at the Head Quarters from some of their fellow Officers and Souldiers and it was strange to see in many of those Letters the wonderful zeal and affection of the Officers and Souldiers to the Parliaments Service and with what a Spirit of Prayer and Piety not usual in Camps they were carried on and incouraged one another Letters that Mr. Ayscam the Parliaments Agent to the King of Spain at his first arrival at Madri took up his lodging in an Inn there the first night that the next day a more convenient house was provided for him by his Steward That in the mean time Mr. Ayscam and his Interpreter being at dinner in the Inn with one Footman attending them six English Men three of them habited as Merchants the other three as Souldiers knocked at the door and being admitted because they were English Men Mr. Ascam rose from the Table to salute them As he saluted them the formost laid hold on his hair and stabbed him into the Head whereupon the Interpreter endeavoured to escape but was stabbed in the belly and they both fell down dead immediately The Murderers fled for refuge to the Venetian Ambassadors house but he denyed them entrance and then they took Sanctuary in the next Church Mr. Ayscams Papers and Goods were secured by the Spanish Secretary of State and a Guard allowed to Mr. Ascams Secretary till his return for England Two Troopers sentenced by a Court Marshal for Raunters and Cashiered the Army 21 Letters that 5000 of the Irish were fallen into the County of Derry to hinder the joyning of Sir Charles Coot and Veneables Of an Hue and Cry sent from the Lords Commissioners of the great Seal after Captain Dowglas and that in search of him another notorious Delinquent was found who leaped out of a Window eight foot high yet was apprehended and sent to Prison That since the Forces went from Dublin to Trecoghan the Tories fell into those Parts and drove away many Cows from about Dublin That a Party of 80 of the Parliaments Horse being sent after the Tories to rescue the Prey and dispersed
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
a Name If ought of that Nature happen amongst the infinite Particulars wherewith this Volume is charged it must be Noted without any Imputation either to the Intelligence or to the Integrity of our Author this being a Posthumous Work and as has been said never by him intended for the Publick MEMORIALS OF THE ENGLISH AFFAIRS During the REIGN of King Charles the First Anno 1625 Car. I KING Charles the First succeeded his Father King James Immediately after whose death the Privy Council met and drew up the Form of a Proclamation to proclaim King Charles which was forthwith published at Theobalds where the King dyed and in London by the Nobility Privy Councellors Gentry Lord Mayor and Aldermen in great Solemnity and so it was in all places with great Acclamations and testimonies of Joy from all sorts of People By advice of the Council a Commission was granted to authorize the Great Seal Privy Seal and Signet till new ones could be prepared And Commissions for authorizing of Judges Justices of Peace Sheriffs and all other Officers for Government with a Proclamation for that purpose because their Powers ceased by the King's death and the like was for Scotland and Ireland King James's Body was buried with due Solemnity at Westminster his Son King Charles though not usual was present at the Funerals The Duke of Buckingham was received by the King into an admired Intimacy and Dearness General Musters are in all Counties and 12000 Soldiers levied Coat and Conduct Money ordered to be disbursed by the Countrey and they to be paid again out of the Exchequer these were for the Palatinat and a Commission granted for Martial Law to keep the Soldiers in the better Discipline These Points of Coat and Conduct Money and Martial Law occasion'd frequent and great Debates amongst the Judges and other learned men The Espousals of our King with the King of France's Sister were made in Paris by Cardinal Richelieu and with the highest State Feasting and Bravery that could be Buckingham was sent into France to conduct the Queen hither A Navy Royal sent to Bullen to waft her over Sea she arrives at Dover where the King met her And with great expressions of affection and rejoicing by himself and all his Subjects she is received and safely came to London Some extraordinary Ceremonies and Solemnities were omitted by reason of the Plague then increasing All the Judges were sent for by the Lord Keeper Williams who told them That the King desired to change his stile and to use the stile of King of Great Britain as well in all Legal Acts and Proceedings as in Acts of State and other indifferent Acts. And he prayed the Judges to consider of it and to certifie him how it might be done They all met consulted and agreed that it could not be done which they certified the Keeper and that all the Judges of England being ask'd their opinions concerning this Point in the first Parliament of King James they answered una voce that it could not be done and Lords and Commons were likewise of the same judgment The Parliament met at Westminster the King made a Speech to them touching the War of the Palatinat wherein the last Parliament had engaged his Father and which was of necessity to be prosecuted and supplied and he urged his great wants and charges And then the Lord Keeper enlarged upon the same The Commons pressed upon the Grievances not redressed and to have an account of the last Subsidies others were for Execution of the Laws against Papists and the questioning Mr. Mountague for his Book Appello Caesarem contrived to put a Jealousie between the King and his Subjects and to encourage Popery Others praised the King and said That no Grievances had been yet in his Reign and they were only for a Petition for Religion and that Religion and Subsidies might go hand in hand together After a Fast both Houses Petitioned the King concerning Religion and against Recusants which was answered hopefully Mountague was brought to the Bar of the House of Commons for his Book the Arminian Party take in with him The House voted his Book contrary to the Articles of Religion tending to the Dishonour of the King and Disturbance of the Church and State The King owned Mountague as his Chaplain The Commons not pleased therewith yet Voted to give the King two Subsidies for which the King thanks them by a Message and yet informs them that the Necessities of the present Affairs were not therein satisfied but requires their further counsels and now he sent a full Answer to the Petition of Religion By reason of the Plague increasing the Parliament was adjourned to Oxford The Vantguard and seven other English Ships were lent to the King of France and employed against Rochel the Mariners refused the Service Buckingham was acquainted with it but not the Body of the Council The Protestants of France sollicit our King against it but he expresly commands the Vice-Admiral Pennington to do it the which he obeyed The Parliament Re-assembled at Oxford whither this News of the Ships came and exasperated many of them especially against the Duke They insist upon the Grievances Mountague is summoned his Cause by some of the Bishops is recommended to the Duke and they say That if the Church be once brought down below Herself even Majesty it self will soon be impeached and they say that King James approved Mountague's Opinions But others differed from them The King again speaks to the Two Houses of Parliament touching the War in which they engaged his Father for the Palatinat and the Breach with Spain then by his command the Lord Conway and Sir John Cooke declar'd to the Houses more particularly the present state of Affairs in Germany France the Low-Countries Sueden and other Kingdoms they computed the charge of the War to 700 000 l. a year besides the Navy and Ireland The Treasurer also acquainted them with the King's Debts for Denmark the Palatinat his Father's Funeral his own Marriage in all 300 000 l. Yet the Commons were unsatisfied some said That thing 's were improvidently managed and by contrary designs that it was not usual to give Subsidies upon Subsidies in one Parliament and no Grievances redressed that great Sums of Money were given for places that the time of the year was too far spent for the Navy to go forth that it should be enquired whether the Duke brake not the Match with Spain out of spleen to Olivarez and whether he made not the Match with France upon harder terms To these and many other things of the like nature the Duke made a handsom and plausible Answer to both Houses and gave them account of the Fleet much variety of opinion was in the House of Commons in debate hereof The King sends a Message to quicken them They answer him with a general Declaration And the King perceiving the Commons resolved
as formerly That the propositions for Peace be hastned to him That he may come to London with safety freedom and honour where he resolves to comply with the Houses in what shall be most for the good of his Subjects That he will disband his Garrisons as by the inclosed Warrant appears only upon honourable conditions and will send for the Prince Papers came from the Scots Commissioners to the Parliament with these Letters and very fair expressions in them pursuant to the Covenant and that they had perswaded the King since his coming to their Army to give satisfaction to his Subjects and they hope such propositions will speedily be sent to his Majesty as may settle Religion and Peace in both Kingdoms and they shall willingly depart home Another paper was a Copy of that which the Committee of Estates presented to the King desiring that the Prince might not go beyond Seas 16. Progress about the propositions for Peace they agreed that the Militia should be in both houses of Parliament for twenty years Letters informed that the Scots perswaded the King to take the Covenant The Articles were almost agreed for the surrender of Oxford 17. A Letter from the King to the Prince intercepted and read in the Houses and was to this effect to tell him That he had written to his Mother about him and would have him to obey her in all things except Religion Debate about the Militia Ordinance for a Collection for the poor of Abbington 18. The Examinations and Confession of Mr. Hudson one of the Guides that led the King to the Scots Army were read and referred to the Committee who are to draw up the Declaration to be presented to the King and to the Estates of Scotland and the Committee was ordered to proceed further in these Examinations Hudson said that the King crossed the Countrey was at Henley Harrow on the Hill and at Brainford and almost perswaded to come to London and then he went to St. Albans and so to Harborough where the French Agent was to have met him with some Horse but came not from thence the King went to Stamford from thence to Downham in Norfolke where he lay at a petty Alc-house that he passed sometimes by the name of Hudson's Tutor sometimes Doctor and sometimes as Ashburnhams Servant Order for the Speaker to write to the Scots Commissioners for an answer of the last Letter of the Parliament A Petition of the Committee of Wilts of the Robberies and Cruelties of the Forces under Major General Massey quartered in those parts so that none could travail nor remain in their houses with safety A Letter ordered for Sir Tho. Fairfax to suppress them and soon after the House ordered them for Ireland A Petition of Newbury of the sufferings by the War referred to the Committee of the three Counties to cousider of a way for their relief Supplys for Garrisons and an order for Capt. Batten to be Governor of Holy Island 20. The Earl of Ormonds Quarter master with divers Letters and Papers about him was apprehended in London and a Committee named to examine him and to peruse the Papers A difference between the Committee of Kent and the Committee for the Prince Elector referred to the Committee of Lords and Commons for Sequestrations and debate about Committees in General and the oppressions and illegalities of some of them referred to a Committee to consider of restraining them Progress upon propositions for the Peace News came that the Prince was in France The Treaty for the Surrender of Oxford was agreed Farrington was willing to Surrender upon the same terms with Oxford but Wallengford still held out two of Sir Tho. Fairfax's Commissioners went into Oxford to see the Governor and Council there to sign the Articles and two from them came to Sir Tho. Fairfax to see him sign them which were as followeth Articles of Agreement concluded and agreed on by his Excellency Sir Thomas Fairfax Knight General of the Forces raised by the Parliament on the one Party and the Right Honourable Sir Richard Lane Knight Lord Keeper of the Great Seal of England Francis Lord Cottington Lord High Treasurer of England Will. Marquess of Hertford Edw. Earl of Dorset Lord Chamberlain of his Majesties Honourable Houshould Tho. Earl of Southampton Francis Earl of Chichest Francis Lord Seymour Sir Edw. Nicholas Knt. one of his Majesties Principal Secretaries of State all of them being of his Majesties most honourable Privy Council and Sir Tho. Glemham Knt. c. Governor of Oxford on the other Party for and concerning the Rendring of the Garrison of Oxford as followeth 1. THat the Garrison of Oxford with the Castle Forts Mounts and places of Defence whatsoever with all the Ordnance Arms Ammunition and Provisions of War with all Magazins and Stores thereunto belonging excepting what is allowed in the ensuing Articles shall be delivered to the General Sir Thomas Fairfax or whom he shall appoint without wilful spoyl or embezlement upon Wednesday the 24th of this Instant June at ten of the Clock in the Morn or there about 2. That his Highness the Duke of York shall have an honourable Convoy to London where other of his Majesties Children are attended by his Officers and Servants and sitting accommodation for the removal of his Houshold and Goods thither and shall have an honourable Provision besitting his Dignity appointed for him by the Parliament and to remain there untill his Majestics Pleasure be known touching his setling there or elsewhere and then to be disposed accordingly to any place within fourscore miles of London and shall have such Officers and Servants to continue about him as the Parliament shall approve 3. That their Highnesses Prince Rupert and Prince Maurice shall have Liberty and Passes for themselves with their Servants Horses Arms and Goods the number of their Horses for them and their Train not exceeding seventy to repair to any place within fifty miles of London so it be not within twenty miles of London without leave from the Parliament nor in any Garrison and there to abide for the space of six Months after the rendring free from any molestation by imposition of Oaths or otherwise and shall have Passes to go beyond the Sea at any time within the said six months with their said Servants Horses Arms and Goods they ingaging themselves upon their Honours not to use the Liberty hereby granted in the mean time to any Hostility against the Parliament of England sitting at Westminster or any way wilfully to the prejudice of their affairs and they are to have the benefit of such the ensuing Articles as may concern them 4. That the Seals called the Great Seal Privy Seal the Signet and the Seals of the Kings Bench Exchequer Court of Wards Dutchy Admiralty and Prerogative as also the Sword of State shall at such time and in the presence of two such Persons as the General Sir Tho. Fairfax shall appoint be lockt up in
16. To establish the Declaration of both Kingdoms 30 June 1643. with the qualifications of exception from Pardon both English and Scots and the names of those made incapable of Office and such as have deserted the Parliament 17. To make void the Cessation in Ireland the War there to be left to the Parliament and the same Religion to be setled there as in England 18. The Militia and Tower of London to be in the Government of the City and their Charters to be confirmed 19. All grants and Process under the Great Seal here to be confirmed and all by any other Great Seal to be void and the like for Ireland and all Honours granted since the Cessation there to be void And all these particulars to be pass'd by several Acts of Parliament 14. Order for disposing and paying the Forces under Major General Massey Differences between the Soldiers and Towns-men of Exeter referred to a Committee to be composed and orders for pay of that Garrison Search ordered for Materials for coining in some Trunks The Commissioners set forth with the Propositions Letters informed that Montrill the French Agent came to New-Castle and brought letters from the Queen to the King advising him to make Peace upon any Terms at which the King was very joyfull That Montross desired liberty to go beyond Sea and that great levys of men were made in Scotland and the Garrisons of New-Castle Carlisle and Berwick re-inforced by the Scots who lay heavy upon Northumberland and the Bishoprick of Durham 15. An Ordinance committed for setling three hundred pound per An. on Mrs. Burghill whose Husband was slain in the Parliaments Service and upon their Heirs Upon Information of the Master of the Ceremonies an Order for the reception of the French Ambassador One Grady and Irish Rebels and other Papists apprehended and committed and orders for apprehending all of their condition and a day set for their departure out of London Orders for pay for several Forces The Kings answer to the Letters of both houses for delivery up of the Garrisons in Ireland into the the hands of such as the Parliament should appoint was read and was very General expressing great desires of Peace and that the Propositions for it might be speedily sent to him And that business being once well setled those Garrisons and all the rest of the Forces will be ordered for the publick good 16. Great complaints from Cumberland and Westmorland of the heavy pressures of the Scots Army Ragland Castle held out the Siege some of their Officers as M. Price and others were taken Prisoners by L. G. Morgan Major General Mitton Besieged Denbigh Castle Letters informed that the Rebels in Ireland were come within twenty miles of Dublin 17. Letters from Sir Tho. Fairfax gave an account to the House of the Treaty for surrender of Wallingford Castle and desired the direction of the House upon one Article insisted on by Col. Blagge That they might have no Oaths nor Covenants imposed upon them after the surrender The House ordered the General to continue his Siege of that Castle and would not allow of that Article Order that the Heads of Houses in Cambridge for bear cutting down of Timber in Colledg Lands till they had order from Parliament to do it An Ordinance sent up the Lords for fifty thousand pound for Ireland Monsieur Bellieure the French Ambassador was received in great State and usual Ceremonies in both Houses 18. A day of Thanksgiving appointed for the reducing of Oxford Litchfield was surrendred upon Articles to Sir Will. Brereton with all their Ordnance Arms and Ammunition 20 Montross demanded that his Son and the Gentleman with him might enjoy their liberty and Estates and he to go beyond Sea otherwise he resolved to hold out and not disband Letters informed great resort of Malignants English and Scots to the King The City of Worcester was agreed to be surrendred to the Parliament upon Articles 21. The day of publick thanksgiving for the surrender of Oxford 22. Debate of the French Ambassadors Message which was That he had in command from the Queen Regent and the King of France to interpose and endeavour a good reconciliation of the differences between his Majesty and the Parliament of England but seeing in what forwardness they were and the Propositions sent to his Majesty he had now nothing further to do but to take his leave and desired their Pass to go to the King and to the Estates of Scotland The Answer of the Parliament was That they took in good part and thankfully from the King of France his good affections and intentions to these Kingdoms and willingness to see their troubles over to end the which they had done and would continue to do their utmost But they could not agree that any Foraign State should interpose in the remaining Differences nor in particular the King of France by his extraordinary Ambassador And they agreed that he should have a Pass and be used with all respect and civility Mr. Herle voted to be Moderator of the Assembly Dr. Twist being dead Letters from Sir Thomas Fairfax of the surrender of Worcester and thanks ordered to be sent to him and his Messenger had a gratuity Letters from the Northern Committees of the insupportable burden upon them by the Forces there and relief of those Counties A Letter from both Houses inviting the Duke of York to come to London Order for an Ordinance for the Government of North-Wales and for Committees there The Lords pass'd a Declaration for restraining Malignants from coming to the King 23. A Committee appointed to receive complaints against such as have been in Arms against the Parliament with power to imprison Order for re-imbursing Commissioners of Excise Some Forces of the Eastern Association met at St. Albans in a kind of mutiny the House ordered them to return to their several Counties Order for a new Election Goring House ordered for the Speaker The Ordinance for sale of Delinqueuts Estates sent up to the Lords 24. Letters informed the surrender of Wallingford with a Copy of the Articles Several Ordinances pass'd for Compositions by Delinquents Order for the slighting of all the Garrisons in Worcester-shire except Worcester City and all the Horse there to be disbanded except eighty to attend upon the High Sheriff An Ordinance appointed to be drawn for obedience to be yielded to Committees so long as they should be continued and no affronts to be offered to them or to any publique Officer Order for a Collection for the poor in the places in Devon-shire visited with the plague Order for all the Horse in Bucks to be reduced to eighty only 25. The House did not sit The Commissioners arrived with the propositions at New-Castle and the King seemed well pleased 27. The Houses sate not many Letters came from the Northern Counties of the Miseries and devouring Charge indured by them from the Scots Army and
into the hands of Members of both Houses the question was put whether that question should be put or not and carried in the Negative Voted That it should be disposed into hands of three Commissioners That the Members of both Houses late Commissioners of the great Seal as a token of Favour from the Parliament and Kingdom should have a thousand pound bestowed on them for all their faithful Services That the Earl of Salisbury one of the late Commissioners should have the thanks of the House That the Members of the Commons late Commissioners of the Seal should have the priviledge to plead within the Bar next to the Sollicitor General of the King An Ordinance voted to be brought in for setling five thousand pounds per An. upon Sir Thomas Fairfax and his Heirs Many Aldermen and Common Council-men of London desired to know the pleasure of the House whether the Works about the City should be slighted or not and if not then they desired twelve thousand pounds for the Maintainance of them the House appointed the Committee of the Army to treat with the Militia of London about it Letters informed that the Popish Clergy at Waterford have pronounced the supreme Council at Kilkenny to be perjured for agreeing to the Peace and proceed to excommunicate them 2. The House sate in a Grand Committee till seven at night upon the Ordinance for disposing of Bishops Lands 3 Private Petitions heard Order for two thousand pounds for the Officers and Garrison of Dover and for payment of the debts of the State to some Handy-crafts men and for two thousand pound for Col. Sandersons Regiment upon their disbanding Order for seizing upon a new Impression of the Common-Prayer Referred to a Committee to find out the Author and Printer of a Pamphlet called Yet another word to the Wise that they may be punished 5. Ordinance for setling two hundred pound per An. on Mr. Hugh Peters Order for a new Election The Negotiations of some Captains of the Parliaments Ships with the Marquess of Ormond confirmed as to lending to him Arms and Ammunition against the Rebels and order for Letters of thanks to Captain Willoughby one of those Captaius Orders for supplys for Ireland Ordinance sent up to the Lords for sale of Bishops Lands Treasurers and Trustees for it named Letters informed That the Estates of Scotland had fully agreed to the Scots Army marching out of England and the Garrisons to be delivered up upon payment of the two hundred thousand pound as was agreed The Irish Rebels drew their Forces towards Dublin and the Marquess of Ormond prepared for defence Col. Bethel was called into the House and had their thanks for his good Services Beaumarice Castle in Anglesey was surrendred to the use of the Parliament upon Articles Order that all Commissions made to Sea Captains which were as from the King and Parliament which some of them interpreted to the prejudice of the Parliaments Service should be altered and made in the name of the Parliament only Order for Money out of Delinquents Estates in Wilts for disbanding the Forces there The Confession of Faith brought in from the Assembly debated Order for one thousand seven hundred pound out of Delinquents Estates in Lincoln-shire to be paid to the Earl of Lincolne which he had disbursed for the Parliaments Service A French Pyrat taken by the Parliaments Ships The Irish Rebels prevailed A Conference by the Committee of Lords and Commons with the Scots Commissioners about disposing of the Kings Person 7. Upon Letters from Sir Thomas Fairfax for Pay and Cloathing for the Army Ordered that the Assesment be continued for six Months longer for the pay of them Order for three pound a week for maintenance of the Widow and Children of Mr. Franklyn a Member of the House that dyed a Prisoner to the Kings Party and that the Arrears of M. Franklyn be computed and paid Order for hastning the payment of ten thousand pound to the poor Widows and for relief of Tenants whose Land-lords were of the Kings Party For supplys for the Northern Forces 8. Composition of the Lord Savile allowed and out of it a thousand pound was ordered for the Widow and Children of Captain Askwith who laid out nine hundred and sixty pound in raising a Troop of Horse for the Parliament Votes That Sir Rowland Wandesford Sir Tho. Beddingfield and Mr. Jo. Bradshaw be Commissioners of the great Seal for six Months sent up to the Lords 9. Progress upon the Articles of Faith Votes of both Houses that Captain Pen be Captain of the Assurance Frigot The Committee of both Houses debated with the Scots Commissioners about disposing of the Kings Person An Ordinance sent up to the Lords for four hundred pound for the poor Irish Protestants here The Lords desired the concurrence of the Commons in the Ordinance for dissolving of all Countrey Committees 10. Debate upon the Accounts of Sir Will. Brereton as Major General and a Committee named to consider of the pay of ten pound per diem to every Major General and of their incident charges and of the free quarter and provisions taken by them They ordered five thousand pound to Sir Will. Brereton out of such Delinquents Estates not yet compounded for as he should nominate Order that the Tax of one per cent for Plymouth shall continue till January 1 and no longer Vote for a Balleting box to be made 12. Report of seven Ordinances drawn out of the Propositions for Peace 1. For justifying and confirming the Proceedings of Parliament 2. For setling the Militia of England and Ireland in the Parliament for twenty Years 3. For confirming the Treaty with Scotland 4. For making void all Titles under the great Seal after it was carried away 5. For confirming the present great Seal and all Acts done thereby 6. For making void the Irish Cessation 7. For disposing Offices by consent of Parliament All these except that of the Militia and Scots Treaty pass'd and sent upto the Lords An Ordinance appointed to be drawn to injoyn all to take the Covenant Order touching Compositions of Delinquents A Malignant chosen Major of Berwick sent for and the old Major continued A Petition of many Officers and Soldiers of the Parliaments That they may not be prosecuted at Law for things done by them in the war and as Soldiers upon sundry Exigencies Conference about disposing of the Person of the King A Committee appointed to treat with the Commissioners come from the Marquess of Ormond The French Ambassador and Agent were with the King at Newcastle The Plague broke forth there brought from London Letters informed that divers Inhabitants of Northumberland had left their habitations by reason of the oppression by the Soldiers quartered with them 13. The Lords concurred to the Ordinance for sale of Bishops Lands for advance of two hundred thousand pounds for the Scots Army and to take away the power of Committees for disposing
sent up to the Lords for payment of five hundred pound to Mr. Phips out of the Marquess of Wintons Estate for which Sir John Danvers was ingaged A Scotch Minister Preached boldly before the King at New-castle and after his Sermon called for the fifty second Psalm which begins Why dost thou Tyrant boast thy self thy wicked works to praise His Majesty thereupon stood up and called for the fifty sixth Psalm which begins Have Mercy Lord on me I pray for men would me devour The People waved the Ministers Psalm and sung that which the King called for 16. An Ordinance sent up to the Lords for disposing four thousand five hundred and fifty pounds Arrears of the Joynture of the Countess of Essex by reason of her delinquency Sir David Watkins called into the House denyed the words which Mr. Pennoyer justified to be spoken by him of Sir John Evelin and said he heard them from one Mr. Drake who was ordered to be sent for The two Speakers continued Commissioners for the great Seal twenty days longer Order for the Committee of Elections to sit and for reports every Monday from the Committee of Priviledges The Lords concurrence desired to the Treaty for the two hundred thousand pound and a hundred thousand pound of it sent away 17. Order for three thousand pound for the poor Widows c. Hostages agreed to the Scots for the two hundred thousaud pound Sir William Selby Mr. Dela Vale Sir Edward Loftus Sir Tho. Trollop Sir H. Mildmay and Sir William Browton Mr. Drake called in about speaking the words touching Sir Jo. Evelyn named one Dr. Aldwyn who said he heard it from a Member of the House referred to a Committee 18. To the Scots Paper desiring aid of this Kingdom against the Rebels in Scotland the House answered that that was no obstruction of their March or delivery up of the Garrisons which being done then the House would consider of that particular To that of charging the Countrey upon their March out of England was answered That they should take no money nor goods of the English Subjects but pay and discharge all their quarters and the form of their Receipts for the two hundred thousand pound was agreed upon The Committee of both houses ordered to meet about disposing the great Seal Sir Thomas Fairfax went towards Northampton to give order for the Convoy of the Scots Money and fifty thousand pound was carried thither for his Army 19. Order for two thousand pound for Sir Peter Killegrew for his Interest in Pendennis Castle and for a thousand pound for the burying of the Earl of Worcester and the Lord Dockra to be according to the Directory The Lord Mayor Aldermen and Common-Council and many Citizens of London presented the Petition formerly mentioned first to the Lords who gave them thanks then to the Commons who after much debate gave them thanks for all their good Services and appointed a day to consider of the Petition and also the Petition of the Gentry of Durbam Another considerable party of the City were about a different Petition 31. Orders touching the payment of the second two hundred thousand pound to the Scots and that they should not take free quarter These to be Communicated to the Scots Commissioners The Earl of Stamford for the Lords and Mr. Ashhurst and Mr. Goodwin for the Commons named Commissioners to go into Scotland to satisfie the Parliament there of all proceedings and to prevent misunderstandings between the two Kingdoms and a Committee appointed to draw instructions for them Upon a Petition of many of Durham that the Scots Army may be removed and twenty five thousand six hundred sixty six pound paid due to them since 1641 and that they may send Knights and Burgesses to the Parliament the House gave this answer that they were sensible of the Countreys sufferings and had taken course to remove the Armies and concerning their electing Knights and Burgesses for the Parliament it was referred to a Committee Col. Hoskins voted to be Governor of Lynne Both Houses agreed to an Ordinance for maintaining of the water-guards And the Lords sent an Ordinance to the Commons that none be permitted to Preach or use publick Exercise but such as had taken Degrees in the Universities and another Ordinance against such as shall disturb the Ministers in their publick Exercises 22. The House agreed that Sir Rich. Lloyd Governor of Holt should have liberty to go beyond Sea and carry three hundred pound with him and his Wise to enjoy his Land being three hundred pound per An. and they voted that Holt Flint Harding Rotheland and Ruthen Castles should be slighted Sir William Listers Lady ordered to have six hundred and ten pound of her Husbands Arrears and two thousand pound to Col Carter and five hundred pound to Major General Skippon for his extraordinary charges in convoying the two hundred thousand pound The Lords sent their Vote to the Commons That the King should come to New-Market upon the Scots Army marching away Upon debate of the City Petition the House Voted first to insist upon the breach of Priviledge in the way of this Petition and then to consider of the particulars of the Petition and for that purpose referred it to a Committee The Earl of Northumberland acquainted the Lords that some persons had a Plot to steal away the Duke of York and to carry him beyond Sea and that by advice from his Majesty two that were in the Plot were apprehended and the rest escaped Mr. Hudson the Kings Guide to the Scots was taken again by Major General Pointz and his Examination sent up to the Parliament Some Proposals from the Lord L'isle Lieutenant of Ireland for supplyes and Moneys to carry on the War there and that he would go over thither in person 23. Letters from Ireland informed That proposals were received by the Marquess of Ormond from the Rebels That the Roman Catholick Religion may be free and publick as in Paris That the Garrisons may be in their hands All Counsellors Officers and Soldiers to take an Oath to fight against the Parliamenteers and never to make Peace with them The Scots Hostages given in A Letter directed to General Leven that no free quarter be taken by his Soldiers in their march for Scotland Order for Mr. Allen to provide a Jewel as a gift of the House for General Leven Order for five hundred pound for Mrs. Chichester and four pound per mensem for the Lady Denny Widows The Duke of York confessed that the King his Father sent to him to get away Great use was made of a Press at London to Print the Lord Chancellor of Scotlands Speeches the London Petition and other things at New-castle 24. The Commons dissented from the Vote of the Lords for the Kings coming to New-Market and voted his coming to Holmesby-House in Northampton shire and to be those with such Attendants as both Houses shall think sit
and Major General Lamberts Forces were near one to another but did not ingage There being extreme violent Storms of wind and rain which did much hurt six Prisoners in Tinmouth Castle escaped letting themselves down through a Privy-House by Ropes and several Sheets tyed together Letters from Dublin that Colonel Monk and Colonel Hungerford with eight hundrd men took the Field and stormed Ballahor Castle which they gained and besieged Nabor Castle From Chester that the Lord Byron was out with three hundred men and advanced towards Anglesey 8. A Letter came from the Prince to the Speaker of the House of Peers without any mention to be communicated to the Commons in which Letter the Prince takes notice of the progress made as to a personal Treaty and desires 1. That the Treaty be in such a place and manner as may consist with the honour freedom and safety of his Majesty his Father so that the agreement many not be blemished with any face of restraint 1. That the Treaty be between the King and his two Kingdomes of England and Scotland that things may go on fairly to all persons concerned therein 3. That during the Treaty there be a general cessation of Arms that the affection of the People of this and the other Kingdom be not lessened by Acts of hostility 4. An ordinary moderate subsistence during the Treaty may be agreed upon for all Forces on Foot and which in no sort must go unmentioned for the Scots Army now in England and so as may be with least pressure to the Northern parts And if the two Houses will agree to these things he will endeavour to his utmost power with his Father for a good agreement He concludes with a desire that a course may be taken to content him and his Ships now in the Downes with mony and Provision that so he nor they may not hinder the City trade and discharge the Ships he hath now in hold One of those Ships taken by the Lord Willoughby who was Vice-Admiral of the Prince his Fleet had in her near twenty thousand Pound in Gold which she brought from Guiney most of it belonging to M r Rowland Wilson the Father and Son and their partners The Lord Willoughby did affirm that when the Earl of Warwick with his Fleet came near to the Prince his Navy the Lord Willoughby and some others were earnest to have fought the Parliaments Fleet and had some assurances given them that several of the Earl of Warwicks Ships would have revolted to the Prince But that others about the Prince disswaded him from Fighting pretending the danger to his Highness person and carryed it by that argument again Fighting whereas in probability and as the Sea-mens affections then stood if they had fought the Parliaments Fleet had been indangered A Petition was presented to both Houses from the Common Council of London desiring 1. That the King may be free from his restraint 2. Invited to a Treaty 3. That all Acts of hostility by Sea and Land may by command of King and Parliament cease 4. That the Government of the Church may be settled according to the Covenant 5. That distressed Ireland may be relieved 6. The People of England by disbanding all Armies eased 7. The Liberty of the subject restored 8. The Laws of the land established 9. The Members of both Houses injoyned to attend 10. That the self-denying Ordinance may be effectually observed 11. That speedy consideration be had of such Merchants whose Ships and goods are staid by those with the Prince in the revolted Ships and that some expedient may be thought of for discharge of all Ships that trade be not destroyed The Lords gave thanks to the Common Council the Commons appointed a Committee to draw up their answer A Petition to the Commons from the reduced Officers that there may be a speedy settlement of Religion the King Parliament and Kingdom in a Parliamentary way by a free and personal Treaty according to the late desire of the City of London and that all Officers and Souldiers without exception whose accounts are not stated may have them audited Order for payment of the Petitioners arrears out of their discoveries and for a Committee to give them further satisfaction and to make payment to the Non-commission'd Officers of Sir Robert Pyes Regiment of their arrears Order for M r Ailburton who brought Letters to the King from the Committee of Estates in Scotland to stay here for a month for the Kings answer Major Huntington made Oath in the Lords House that the Narrative given in by him was true and would be attested Letters from Colchester Leaguer that twenty or thirty a day run from the enemy and the last day a whole Guard together came from them that their Wine and Raisons are near spent so that the Common Soldiers get none That they killed thirty Horses to powder them up and have the Bloody-flux much among them that they have drawn off their Guns from the Wall some say they will carry the Parliament Committee with them into the Castle and cut their throats if they may not have conditions for themselves The General sent a Letter by a Drummer to the Lord Norwich Lord Capell and Sir Charles Lucas about exchange of prisoners 9. The grand Committee sat long about the Ordinance for the Militia Debate upon the Self-denying Ordinance The answer to the Cities last Petition was sent to them to this effect Shewing how far they have proceeded to a Treaty with the King the Votes thereof their expectation of the Kings answer and hopes that he will treat That the Scots are declared Rebels for invading the Kingdom and they hope the City will joyn in the subduing of them That they offered the revolted Ships indemnity but they refused to come in the Votes for reducing them and the reference to a Committee to treat with the King for a way for free Trade A Collection ordered on the Fast-day for the poor people that are come out of Colchester M r Thomas Cookes Composition passed The Keeper of the Prison in Canterbury put out Letters from the Commissioners with the King that his Majesty is willing to have the Treaty and likes the terms of honour freedom and safety and though he have no Secretary yet he will give them his answer in their time Order that none speak with M r Ailburton but in the presence of his Keeper 10. The Fast-day Letters from Holland that the Merchants there do highly resent the Prince of Wales his being in the Downes as a great hindrance of traffick That there is tampering to borrow some Regiments to attempt something in England adviseth to look to Poole Lyme and Weymouth That the Letters and Declaration of the Prince of Wales were printed there in Dutch and French 11. Debate upon the Ordinance for settling Church government and the title to it agreed The Ordinance for setling the
for Ships and for two Months gratuity for the Marriners who served against the revolted Ships Referred to a Committee to inquire who printed and contrived a scandalous Pamphlet called A Solemn Declaration of the Members secluded the House by the Army That all Acts Ordinances Votes and proceedings of the House of Commons since the Seclusion of the Members and continuance of the Armies force upon it are no way obligatory but null and void The House declared it to be False Scandalous and Seditious and tending to destroy the Government and that all who had a hand in it shall be uncapable of any Office or trust or to be a Member of Parliament and that every absent Member before he sit shall disavow that Pamphlet The Army past a Declaration that whereas some enemies had written to Merchants beyond Seas to call home their estates out of England because the Army had seised upon mens goods and designed to destroy all Trade and propriety the Army declare against it and that they will maintain and preserve both according to Law and with all freedom 16. The new Ordinance for the Militia transmitted to the Lords Another that no Malignants be elected or Electors of the Lord Mayor Aldermen and Common-Council Men of London A party of Horse went to Hurst Castle to remove the King to Windsor Castle The General Council of the Army sate upon the agreement of the people Colonel Butlers Troop and Major Finchers were disbanded 18. The Lords concurred in the Ordinance with the Commons for disabling Malignants to be elected or Electors of the Lord Mayor Aldermen and Common-Council Men or any other Officers or places of trust on pain of two hundred pound one half of it to the Informer and the other half to the Maimed Souldiers A Sheriff of Nottinghamshire appointed A Committee appointed to draw up an expedient for the Members of the House to subscribe as Dissenters to the Vote That the Kings answer to the propositions was a ground of peace Order for the Sergeant at Arms to apprehend Sir Charles Kemish for staying in Town contrary to the Ordinance he being a Delinquent Both Houses agreed of a list of Persons to attend the King A day of Humiliation appointed for the two Houses and M r Cokayn and M r Bond to preach and M r Foxley to pray Intelligence of a new Fleet preparing by the Prince for Scilly Guernsey and Jersey and for Ireland and many discontented Persons and Reformadoes resorting to him A Committee named to confer with the Lord Admiral about this matter Letters came to the General from Major General Lambert and his Officers in complyance with the Armies Remonstrance by the Forces in the North and desiring a correspondence with the Army to whom they gave some cautions touching the prosecution of their Remonsrance When the Chancery business was over Sir Thomas Widdrington and Whitelock went to the Rolls by appointment where Lieutenant General Cromwel and Colonel Dean met them And with the Speaker they had a long discourse together about the present affairs And then another time was appointed by the Lieutenant General for them to meet again and to consider and confer how the settlement of the Kingdom might be best effected and to joyn Counsels for the publick good 19. An Ordinance past for the payment of twenty eight thousand pound taken by the Souldiers out of Weavers-Hall Referred to a Committee to consider of the great abuse in providing bad victuals for the Ships and how the persons may be punished and the like prevented Upon a Letter from the General referred to a Committee to consider how the arrears due to Colonel Rainsborough may be charged and paid to his wife An Ordinance past both Houses for making the Earl of Pembroke Constable of the Castle and honour of Windsor and Keeper of the Forrest and great Park there Order for levying the arrears of Deliquents compositions being two hundred thousand pound Letters from Scarborough of the hopes of a speedy surrender of that place and that the Scots are not well pleased with the late transactions of the Army in England The Parliaments Ships upon the Coast of Ireland took a Dutch Ship loaden with Wine Salt c. of three hundred Tun bound for Waterford The Cessation was continued in Ireland between the Marquess of Ormond and the Rebels Mr. Pierrepoint expressed much dissatisfaction at those Members who sate in the House and at the proceedings of the General and Army A visit to Lieutenant General Cromwell who lay in one of the Kings rich beds in White-hall 20. An Additional Ordinance past for election of the Lord Mayor Aldermen and Common Council men of London The Committee appointed to attend the General about the Secluded Members reported his answers that the business was of great concernment and he believed the House would not expect a present answer from him but he would prepare it as speedily as he could and in the mean time desired the House would not trouble themselves to send any more to him concerning that business Order for the same Message to be renewed to the General The House approved of what the Committees of Nottingham and Derby had done for relief of the Forces before Scarborough and Pontefract Sixteen of the secluded Members were set at liberty by order of the General to sit again in the House if they please and the rest were still in custody Two new Listed Souldiers in Colonel Deans Regiment with two more took upon them to apprehend a Citizen of London under pretence of a Warrant from the Council of War and that they had a great Charge against him when there was no such matter but they designed by this means to get money of him The Citizens acquainted some of the Council of War herewith who disowned the business caused the Souldiers to be apprehended two of them ran away the other two were sentenced to ride the wooden horse at the Exchange and to run the Gantlet 21. Order for repayment of the money taken out of Weavers-Hall to be for the use of the Navy A Petition from divers of Somersetshire that justice may be done upon Delinquents the Petitioners had the thanks of the House and the Petition was ordered to be printed Order that M r Strickland use the best endeavours he may to hinder the intended Sale in the Low Countries by the Prince of the Ordnance of the revolted Ships Both Houses past an Ordinance concerning Lieutenant Colonel Lilburne In the after-noon the Speaker Lieutenant General Cromwell Sir Thomas Widdrington and M r Whitelock by appointment met about six a Clock and discoursed freely together about the present affairs and actions of the Army and the settlement of the Kingdom In the conclusion Sir Thomas Widdrington and M r Whitelock were desired to draw up some heads upon the discourse to be considered by the same Company 22. Both Houses kept the Solemn Fast this day The
Hall and the Drums beat in the Palace-yard after which Proclamation was made to give notice that the Commissioners for Tryal of the King were to sit again to morrow and that all those who had any thing to say against the King might then be heard The House of Commons then sitting Ordered Sergeant Dendy to make the like Proclamation at the Old Exchange and in Cheapside London which was done accordingly Vote that the name of any one particular person should not be inserted as the style of any Common Writ or otherwise for the time to come and referred it to the Committee for setling proceedings in Courts of Justice to consider how the style should be Votes that the present Great Seal shall be broken and a new one forthwith made and in the mean time all proceedings under the present Great Seal to be good till the new one be confirmed That the Armes of England and of Ireland shall be engraven on one side of the new Great Seal with this inscription The Great Seal of England That on the other side of the Seal shall be the Sculpture or Map of the House of Commons sitting with these words engraven on that side In the first year of freedom by Gods blessing restored 1648. This was for the most part the fancy of Mr. Henry Martin a noted Member of the House of Commons more particularly the inscriptions Order for pay of Colonel Whites Regiment The General set forth a proclamation reciting the flocking of Malignants to London as there was ground to believe to raise new troubles and the Order of Parliament impowering him to expel them the City and ten miles distant therefrom which accordingly he enjoyns by this proclamation and that the Delinquents depart within four and twenty hours A Petition to the General and his Council from the Officers and Souldiers in the Isle of Wight c. mentioning the late delusive Treaty with the King and danger of new troubles they declare their conjunction with the Army in their desires in the large Remonstrance and in their present proceedings which they desire may be prosecuted c. The Proclamation was made by Sergeant Dendy whilst the Courts of Justice sate in Westminster-Hall to the no small interruption of them About Eleven a Clock the House of Commons sent for the Mace out of Chancery Sergeant Dendy having that of the House thereupon the Commissioners rose and went home 10. Order for the Sergeant at Armes to take Mr. Pryn into custody for denying their authority The Commissioners for Tryal of the King met and chose Sergeant Bradshaw for their President Mr. Steel to be Attorney General Mr. Coke Sollicitor General and they with Dr. Dorislaus and Mr. Aske to draw up and manage the Charge against the King Mr. Waller moved for a Habeas Corpus for Mr. Pryn a Member of the House lately apprehended as is before mentioned This being a matter of Priviledge of Parliament and Mr. Pryn being committed by order of the Commons the Commissioners thought it fit to advise with that House before they granted the Habeas Corpus The rest of the Commissioners of the Seal desired Whitelock to go presently into the House to know their pleasure in this business which he did and the House not being sate he conferred with the Speaker and divers of the Members about it and told them that by the Law a Habeas Corpus could not be denyed They commended the Commissioners respect to the House and agreed that a Habeas Corpus could not be denyed So Whitelock returned to the Court and they thought fit to grant the Habeas Corpus In the evening one of the Sergeants men brought Whitelock an Order of the House requiring Sir Thomas Widdrington and him by name to attend the Committee to morrow about setling the course of Justice 11. Debate touching the Navy Report of the Sergeants men who served Mr. Pryn with the Warrant of the House to take him into custody that Mr. Pryn answered him that as he was coming to the House to perform his duty there for the County for which he was elected he was apprehended by Sir Hardress Waller and Colonel Pride and secured as a Prisoner ever since that being not discharged of the said imprisonment he could not submit to that order which the Sergeants man had for any other restraint to be laid upon him and therefore he refused to obey the same The House Ordered the answer to be read of the General Council of the Army concerning the Secluded and secured Members the substance whereof they approved and appointed a Committee to consider what was fit further to be done thereupon and set a day to consider of the particular case of Mr. Pryn. A visit to the Lord Chief Justice Rolles a wise and Learned man He seemed much to scruple the casting off of the Lords House and was troubled at it Yet he greatly incouraged to attend the House of Commons notwithstanding the present Force upon them which could not dispense with their attendance and performance of their duty who had no Force upon them in particular The Committee for proceedings in Courts of Justice had a great debate what style shall be used in Commissions and Writs instead of the wonted style Carolus Dei gratia c. 12. Petition of the Trustees and others for the Sale of Bishops-lands that that business might he confirmed by Patent under the Great Seal of England Order for the Sollicitor General to draw up a Patent to pass the Seal accordingly The Commissioners for Tryal of the King being to sit in the Afternoon the House adjourned the earlier 13. Ordinances past for regulating the affairs of the Navy Reference to the Committee of the Navy to conferr with the Lord Admiral about sending some Ships to Goree in Holland and North-ward and if he were not in Town that then the Committee should do it of themselves and all Officers and Mariners were required to obey their Orders Order for Sir George Ascue to be desired to go with Captain Moulton in this expedition and several other Orders made concerning the Fleet. Two Petitions from the Inhabitants of Devon and Exon Gentlemen and Ministers c. desiring Justice upon the principal causers of the first and second War and a firm Peace The General Council of Officers concluded upon the agreement of the People and added some Trustees to the Lord Grey Sir Jo. Danvers c. for making the divisions for elections in the several Counties The High Court of Justice sate for Tryal of the King their whole time was spent about setling the Court and calling over their Members and to summon those who being named Commissioners did not appear amongst whom Colonel Rowland Wilson a person of great worth and integrity refused to act as a Commissioner though named in this business or to sit with them They agreed that
when he was last here he made the question of their Authority and should have satisfied himself with the Protestation he then made against the legality of this Court and that a King cannot by Tryed by any superiour Jurisdiction on Earth But he said it was not his case alone that he stood for but the freedom of all the People of England for if power without Law may make or alter Law no Subject can be safe for his life or any thing that he calls his own Then he said he would give his reasons why in conscience and the duty he owed to God first and his People next for the preservation of their Lives Liberties and Estates he conceived he could not answer till he were satisfied of the legality of it President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court you appear as a Prisoner before this Court and are not to dispute their Authority but to give a punctual answer to the Charge King Sir by your favour I do not know the forms of Law I do know Law and reason though I am no Lawyer professed but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the whole People of England more than you do and therefore if I should impose a belief upon any without reasons given for it it were unreasonable but I must tell you that reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and reason it is fit there should be Law and reason and there is both against you Sir the Vote of the Commons of England in Parliament is the reason of the Kingdom by Law you should have ruled and reigned Sir You are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt and your contempt will be recorded King I do not know how a King can be a Delinquent let me tell you they may put in Demurrers against any proceedings as legal and I demand that and to be heard with my reasons if you deny that you deny reason President Sir you have offered something to the Court I shall speak something to you the sence of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you must not demurr to the jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your predecessours and you are responsible to then K. I deny that show me one Precedent P. Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit yâ—u to do it if you offer it by way of Demurrer to the jurisdiction of the Court they have considered of their jurisdiction and do affirm their own jurisdiction K. I say Sir by your favour that the Commons of England were never a Court of Judicature I would know how they came to be so P. Sir you are not permitted to go on in that speech and these discourses Then the Clerk of the Court read this aloud Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other crimes the Court have determined that you ought to answer the same K. I will answer the same so soon as I know by what Authority you do this P. If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again K. I do require that I may give in my reasons why I do not answer and give me time for that P. 'T is not for Prisoners to require K. Prisoners Sir I am not an Ordinary Prisoner P. The Court hath considered of their jurisdiction and they have already affirmed their jurisdiction if you will not answer we shall give order to record your default K. You never heard my reasons yet P. Sir your reasons are not to be heard against the highest jurisdiction K. Shew me what Jurisdiction where reason is not to be heard P. Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination K. Shew me whereever the House of Commons were a Court of Judicature of that kind P. Sergeant take away the Prisoner K. Well Sir remember that the King is not suffered to give in his reasons for the liberty and freedom of all his subjects P. Sir you are not to have liberty to use this language how great a Friend you have been to the Laws and Liberties of the People let all England and the world judge K. Sir under favour it was the liberty freedom and Laws of the Subject that ever I took to defend my self with Arms I never took up Arms against the People but for the Laws P. The command of the Court must be obeyed no answer will be given to the Charge K. Well Sir Then the Officers guarded the King back again to Sir Robert Cotton's House and the Court adjourned The Commissioners met at Mr. Brownes House the Clerk of the Parliament where the Great Seaâ— lay and there Sir Thomas Widdrington and Mr. Whitelock without the two Lords did sign a Warrant for Writs to adjourn the Term the two Lords Commissioners were present though they did not joyn in this yet they did in other business There were strict Guards many Souldiers and a great press of people at the Tryal of the King The House sate only to adjourn Some who sate on the Scaffolds about the Court at the Tryal particularly the Lady Fairfax the Lord Generals Wife did not forbear to exclaim aloud against the proceedings of the High Court and the irreverent usage of the King by his Subjects insomuch that the Court was interrupted and the Souldiers and Officers of the Court had much to do to quiet the Ladies and others 23. Report of an Ordinance that where upon Indictments c. it was formerly said contrary to the peace of our Soveraign Lord the King his Crown and dignity it should now be said against the peace justice and Council of England That Writs out of the Chancery should go in the name of the Chancellour or Keepers of the Seal and in other Courts in the name of the Judges The High Court of Justice sate Mr. Coke Sollicitor General moved That whereas the Prisoner instead of giving answer to the charge against him did still dispute the Authority of the Court that according to Law if a Prisoner shall stand as contumacious in contempt and shall not give an Issuable Plea Guilty or not
Painted Chamber and such who had any evidence to give against the Earl of Holland Earl of Cambridge Lord Goring Lord Capell and Sir John Owen or any of them were to repair thither where they might be heard A Committee to examine the Authours and publishers of a Pamphlet and such as have preached printed and published seditiously the proceedings in bringing the King to justice and to prepare an Act to restrain the preaching and printing any thing against the proceedings of the House and of the High Court of Justice Letters from Scotland that the Parliament and priests there are at much variance that they bring all to the stool of repentance that were in the last invasion of England yet they are now as much as ever Enemies to the proceedings of the Parliament and Army in England That they talk big of raising an Army in revenge of the Kings Blood and all will joyn unanimously against the Sectaries of England and ground themselves upon breach of the Covenant Letters from New-Castle that many Ships were loaden with Coals for London and the Coast clear and their Governour Sir Arthur Haselrigge and some Officers of the Garrison were gone for London Letters from Pontefract that upon notice of the Kings execution the Garrison made a stout Salley but were beaten in again In the House the debate was long and smart concerning the Lords House 6. Debate concerning the House of Lords and the question being put whether the House of Commons should take the advice of the House of Lords in the exercise of the Legislative power of the Kingdom it was carried in the Negative by many voices Then they voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in to this purpose A Committee named to draw up an Act for making the Estates both of the late Members of Peers and likewise of the House of Commons liable to the Law for payment of all debts Referred to a Committee to consider of a way to take away all Appeals to the Lords and to discharge all persons committed by them in relation thereunto and how the Peers may be elected Burgesses and Knights to serve in the House of Commons Debate what Government to set up in England and Ireland and whether Kingship should be abolished or not Divers Sheriffs made Scruple of acting in their Office because of the Death of the King Order for instructions to be drawn up therein Order for Sergeant Bradshaw to make a Deputy in Guild-Hall where he is Judge in regard of his imployment in the High Court The accounts allowed of the Charges of the Kings Tryal Letters that the Irish Pyrates take divers vessels at Sea from the English and that the several Parties in Ireland are agreed to carry on the designs of the Prince of Wales It was put upon Whitelock to draw an Act to take away the House of Lords wherein he desired to have been excused in regard he was not in the house when the vote passed and had Declared his opinion against it but he could not get excused 7. Debate whether the Government by Kings should be abolished and upon the Question whether it should be referred to a grand Committee of the whole House it was carried in the Negative Then after a long and quick Debate they passed this vote Resolved upon the Question by the Commons of England in Parliament assembled That it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single person is unnecessary burthensome and dangerous to the liberty safety and publick interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in to that purpose A Committee appointed to bring in names of persons not exceeding forty to be a Councel of State Instructions passed for drawing new Commissions for the Judges the new Great Seal being ready The Judges appointed to meet with the Speaker and a Committee of the House about the Judges Commissions The High Court of Justice sate receiving witnesses and preparing the Charges against the five persons to be tryed The Earl of Holland sent up by post that he was dangerously sick at Warwick-Castle The Corps of the late King was removed from St. James's to Windsor to be interred in St. George's Chappel there and monies allowed for it An Act appointed to be brought in to make Sir Thomas Widdrington and Whitelock Commissioners of the new Great Seal with a blank for others to be added 8. Instructions passed for Commissions to the Judges of whom six agreed to hold viz. Rolles Jermyn St. John Pheasant Wilde and Yates provided that by Act of the Commons the fundamental Laws be not abolished The other six Judges viz. Bacon Brown Bedingfield Creswell Trevor and Atkins were not satisfied to hold Order for altering the Judges Oaths formerly in the name of the King now to be in the People A Committee appointed to bring in a list of fit persons to be Justices of peace in every County Instructions passed for rewards to such as shall bring in any of the revolted Ships The Duke of Richmond and others had leave to attend the late Kings funeral at Windsor Widdrington and Whitelock without the Lords who were in Commission with them yet having an Act of the House of Commons for it they went with the old great Seal to the House Mr. Malbon the usual Seal-bearer carried it to the door where Widdrington and Whitclock took the Purse and Seal in it and both of them holding it brought it in solemnly into the house all the Members being silent and laid it down upon the Table in the house Then the House past an Act for the old Seal to be broken and a work-man was brought into the house with his tools who in the Face of the house upon the Floor brake the old Seal in pieces and the house gave to Widdrington and Whitelock the pieces and purse of the old Seal After this the House passed another Act for establishing the new Great Seal to be the Great Seal of England Then they read another Act to constitute Widdrington and Whitelock to be Commissioners of the New Great Seal which occasioned Sir Thomas Widdrington to stand up and excuse himself very earnestly because of his unhealthfulness but that excuse would not be allowed Then he further excused himself by reason of some scruples in conscience which he had concerning the acting in this high place though he did acknowledge the Authority and submit to it and had Acted by vertue of it in signing a Warrant for a Writ to adjourn the Term and bringing in the new Great Seal without the Lords Commissioners Upon a long Debate the House did excuse Widdrington and to manifest their respects for his former services
gave an answer to their Husbands and therefore desired them to go home and look after their own business and meddle with their huswifry Order for a Bill to settle the twenty thousand pound for Augmentation to Ministers c. Col. Poyer was shot to death in Covent-Garden and died very penitently 26. Upon a report from the Council of State that they thought for setling the peace of the Nation that there should be an Act of Oblivion the House Ordered one to be drawn up And Voted That the time to be set in the Act of Oblivion from which no Action or Suit shall be commenced or prosecuted for any thing said or done in the time of War shall be before the first day of this Term. Order that such as shall discover any monies raised to be imployed against the Parliament should have the sixth part of what they should discover and the remainder to be imployed for the service of Ireland in this Expedition Order that the Committee of the Revenue do speedily pay to Colonel Henry Martyn a Member of the House three thousand pound which Sum he had formerly advanced for the service of this Nation Order touching the arrears of the Dutchy of Lancaster Referred in a special manner to the Commissioners of the Seal to relieve according to equity and justice such persons as have lain under the power of the Enemy and have been thereby disabled to pay their debts yet are sued at Law and liable to great penalties Referred to the Council of State to receive from two Gentlemen a Proposition made by them for the great advance of Learning and Arts and to treat with the Gentlemen thereupon and report their opinions to the House Orders touching the Officers of the Customs Order for the Barons of the Exchequer and the Committee of the Revenue to consult together how the Arrears due by Papists may be collected and that the Arrears of Fee-farm rents be speedily paid Order for the Speaker to sign Letters from time to time tendered to him by the Committee of the Army Five Troopers condemned to die by the Council of War for a mutiny at the Bull in Bishopsgate-street refusing to march upon their Colonels Orders and violently fetching away the Colours from the Cornets quarters Upon their humble Petition the General pardoned them but another one Lockier was executed The Levellers were driven away from St. George's Hill in Surry by the Country people 27. Debate of the Act for Sale of Deans and Chapters Lands Order for the Committee to meet touching Colonel Pophams arrears Sir Edward Harrington desired to be excused from taking the charge of the Kings Children Order for one thousand three hundred pound for Plymouth Garrison Mr. Andrews re-admitted a Member 28. The House spent the whole day about perfecting the Act for sale of Deans and Chapters Lands 30. The Act passed for Sale of Deans and Chapters Lands and ordered to be Printed An Act passed giving power to the Commissioners to administer an Oath agreed upon in some cases of the Customs Letters from Lancashire of their want of Bread so that many Families were starved that there were many Souldiers quartered pretending for Ireland shew no Commission yet make Assessments for fourteen shillings a week for a Horse-man and seize goods for default and free-quarter and give the seed Corn to their Horses Referred to the Council of State and by them to the General to reduce those in Lancashire An Act passed for Justices of Peace for the County Palatine of Lancashire as for other Counties By Order of the House the Speaker sent Letters to the Commissioners in the several Counties for the speedy collecting the Assessment of ninety thousand pound per mens for the Forces in England and Ireland Some who counterfeited the Pass of the Council and by pretence thereof got Money in Suffolk which they said was for the relief of Ireland were committed to Peter-house Order of the General that no Regiment that is to stay in England do entertain any of the Forces designed for Ireland Mr. Lockier a Trooper who was Shot to death by sentence of the Court Martial was buried in this manner About one hundred went before the Corps and five and six in a File the Corps was then brought with six Trumpets sounding a Souldiers Knell then the Troopers Horse came cloathed all over in mourning and led by a Footman The Corps was adorned with bundles of Rosemary one half stained in blood and the Sword of the deceased with them Some thousands followed in Ranks and Files all had Sea-Green and Black Ribbon tied on their Hats and to their Breasts and the Women brought up the Rear At the new Church-Yard in Westminster some thousands more of the better sort met them who thought not fit to march through the City many looked upon this Funeral as an affront to the Parliament and Army others called them Levellers but they took no notice of any of them Letters from Ireland that Colonel Tothills Regiment of one thousand two hundred and fifty was not landed but beaten back by Tempest to Anglesey That London-Derry could not hold out the Siege That Colonel Monk stood off and did nothing being as he said not in a capacity Letters from Newcastle that many in Cumberland and Westmerland died in the high ways for want of bread and divers left their habitations travelling with their Wives and Children to other parts to get relief but could have none That the Committees and Justices of the Peace of Cumberland Signed a Certificate That there were thirty thousand Families that had neither Seed nor Bread-corn nor Money to buy either and they desired a Collection for them which was made but much too little to relieve so great a multitude Letters from Berwick that the Scots troubles increase that there are among them five for the King for one against him that they are incensed at the death of the Duke and Marquess Huntly and expect an agreement with the King That they take divers English Cavaliers into their Army May 1649. May 1. Debate of an Act to make many things Treason in relation to the Common-wealth As malitiously to affirm the present Government to be tyrannical usurped on unlawful Or that the Commons in Parliament are not the Supream Authority or to endeavour to alter the Government Or to affirm the Parliament or Councel of State to be tyrannical or unlawful or to endeavour to subvert them or stir up Sedition against them Or for Souldiers to contrive the Death of their General or Lieutenant General or others to endeavour to raise Monies or War against the Parliament or to joyn to invade England or Ireland to counterfeit the Great Seal or to kill any Member of Parliament or Judge in their Duty An Act committed for settling the Republique Letters from General Popham from Faymouth that he fought with a Squadron of Prince Ruperts
the Parliaments Forces ran to them that Wheat in Dublin was at 55 s. the Barrel From Ireland that Ormond was come with 12000 Foot and 2400 Horse within 25 Miles of Dublin where he had besieged some places that C. Jones went out with a Party to relieve them That the Catholicks and old Protestants went dayly in to Ormond 13 Referred to a Committee to consider of some things offered in behalf of the People of new-New-England Raising Mony for lame Souldiers referred to the Committee of Hospitals Order for the Commissioners of the Seal to pass several Pardons upon Certificates of the Judges for Persons condemned in the Circuits Order that the Earl and Countess of Leicester take care that no other Ceremony be used to the late Kings Children than is used to Noble Mens Children of this Nation A Declaration of the Officers and Souldiers at Lancaster to the same Effect with those from other Regiments was presented to the General The Mayor and divers Citizens of Oxford presented Whitelock with a Patent to be High Steward of that City to which he was unanimously chosen by them in the place of the Earl of Berks. Upon Lieutenant General Cromwel's Desire referred to a Committee to take his Accounts of his Expeditions into Wales and Scotland and to give him Discharges 14 Much time spent upon the business between Sir John Danvers and the Lady Gargrave touching the Estate of the late Earl of Danby their Brother and resolved upon the Question that Sir John Danvers was deprived of that Estate by the Will of the Earl for his Affection and adhering to the Parliament And referred to a Committee to consider how Sir Johns Losses thereby may be repaired Letters from Holland that Prince Charles was attended from the Hague by the Princess his Sister and many Persons of Eminence and with 40 Troops of Horse to Breda and from thence to Antwerp and so to Bruxels where the Arch Duke Leopold intends to receive and conduct him into France 15 Monies ordered for the Lord Lisle upon his Accounts as Lord Lieutenant of Ireland Referred to the Councel of State to order the going of the several Judges in the next Circuits Upon Information of the good Service done by Baron Thorpe in the last Norhern Circuit ordered that he go the same Circuit this Vacation Order for Judge Pheasant to make choice of his Circuit or to stay at home being Sickly Mr. William Littleton and Mr. Bulstrode ordered to be Judges of Northwales Order for the Commitee of the revenue duely to Pay the Sallaries of the Lords Comissioners of of the Seal and of the Judges Order for an Act to Enable the Judges who ride the Northern Circuit to keep Assize at Durham for the Bishoprick Upon a report from the Councel of State the House approved of Commissary General Ireton to go into Ireland next Commander in chief unto Lieutenant General Cromwell And that he have presently paid him 2000. l. In part of his Arreares Letters that store of Provisions of Corn were brought in by Dutch Ships into Lancashire An Act past for transmitting into the Exchequer Bonds forfeited to the Commissioners of Excise to the end they may be put in suit And the Commissioners of Excise were continued till the 25th of Decemb. next Order for an Act to ease the People in Payment of the Excise Order that the Trustees for sale of Bishops Lands do put their Powers into Speedy Execution Upon the Petition of the Widdowes of Slain Souldiers referred to the Commitee of Haberdashers Hall to alow them their Husbands Arreares out of such concealed Delinquents Estates as they should discover Power given to the trustees to sell Deans and Chapters Lands at 10 years Purchase The General sent a Letter to the Colonell of each Regiment to give him an account of the taking off of Free Quarter 18 An Act passed for relief of Persons according to Articles of War Upon a recommendation of the General ordered that Sir William Fleetwood Sir Edward Sydenham Mr. John Carey Mr. Adrian May and Mr. Stidolph shall have the benefit of the Articles of Oxford Order for a Writ for a new Election of a Member for Abington Order for 100. l. For Arrears of Mr. Rowland Wilson as Muster-Master General for the Forces of Warwick Shire M. Cobbet dismist of his Command and Captain Rogers Committed to the Marshall by order of the General Letters that the Inhabitants of Draiton in Shrop-shire on the last Lords Day in the night fell upon Captain Thelwels Troop and disarmed and pillaged them That the reduced Souldiers at York seised upon some of the Officers who were to pay them their Arrears and kept them in restraint 4 Hour 19 Order for 1000. l. For the Lieutenant President Bradshaw and referred to a Commitee to consider how 4000. l. per annum Lands of Inheritance may be settled upon him and his Heirs and how 1000. l. Per annum may be settled upon M G. Skippon and his Heires for their good Services An Act passed read 3 times this Morning to inable the Judges that go the Northern Circuit to hold Assizes at Durham A Petition of Mr. Stedman c. referred to the Committee of Leicester Upon a report from the Councel of State referred to the Court of Admiralty to examine a business touching some Merchants of the entercourse and certify the House Letters from the Generals at Sea that they intended as soon as weather will permit to recover King sale Road. C. Reynolds his Regiment and C. Okey's Companies were ready to be shipped for Ireland The General sent his Orders to every Regimenâ— to permit any of the Regiment that would go for Ireland and not to entertain any in their Rooms till further order And to Lieutenant General Cromwell not to entertain any who have left any Regiment designed for Ireland and to have their accounts Stated Letters from Chester that C. Jones and Owen Row were so far agreed as not to disturb one anothers Quarters Letters that the Scots were new modelling their Army and none to be of it but those who take the Covenant that the Comissioners of the Kirk would have the King further pressed to grant their desires 20 Petitions reported by Comissary General Ireton Petitions from Kendall referred to the Commissioners of the Seal and the Attourney General Petition of the Earl of Lincoln for dammage for the demolishing of Tatters Hall Castle refered to the Councel of State Order for disposing 1480. l. Taken in a Dutch Ship at Graves end Order for satisfaction of losses to Mr. Everard and others of Essex out of the estate of Butler an Irish Rebel Another Petition referred to the Comissioners of the Great Seal An Act past for Lessening the Rates in the sale of Deans and Chapters Lands Dismantling Gotheridge Castle referred to the Councel of State Letters that some of Prince Charles his Ships had taken divers fishermen The Commitee touching Major General Brown and other Members revived Order for
as a Prisoner That C. Popham one of the Admirals of the Parliaments Fleet was come to London with an Account to the Parliament of the Proceedings of the Fleet. 25 Letters of many Subscriptions to the Ingagement about Exeter That the Scots were busy in raising Forces near Carlisle but the Countrey being backward to take Arms the Officers took Money and excused the Men. A Confirmation that the Parliaments Fleet near Lisbon had sunk the Admiral of the Portugal Brazile Fleet taken the Vice-Admiral and divers other of their Ships of a great value Ordered by the Parliament That all the Books of the Laws be put into English And that all Writs Process and returns thereof and all Patents Commissions Indictments Judgments Records and all Rules and Proceedings in Courts of Justice shall be in the English tongue onely and not in Latine or French or any other Language than English And that the same be writ in an ordinary legible hand and not in any Court hand And that it be referred to a Committee to draw up an Act upon this Vote Referred to the same Committee to consider of all Salaries and Fees of Judges and other Officers and what Offices or Fees are fit to be taken away and to consider of delays and unnecessary charges in proceedings of the Laws and to present a Bill to the House for redress thereof And the Committee to meet dayly upon this business till it be dispatcht 26 Letters of some Prizes taken by the Parliaments Ships near Pendennis Castle That Sir William Godolphins Son was raising Forces for the King though his Father received much Favour from the Parliament 28 Letters that the General had 2000 men dayly at work about the Fortifications of Leith and went on with the Mines before Edenburgh Castle though the Enemy shot great and small Shot constantly at them and yet they lost but five or six men That the King was slipt away from the Scots with the Duke of Bucks and three or four more in his Company towards the E. of Seaforth and others of the Royal Party who were about 2000 as was before certifyed but was brought back again That the General marched with seven Regiments of Foot and nine of Horse to Linlithgow and sent a Trumpet to the Estates of Scotland to give Security and to treat for stopping the effusion of more Christian Blood That he took in a Garrison with 40 men who laid down their Arms. That he gave strict Command to his Army not to offer violence to any of the Scots who were not in Arms which was duely observed That he marched to Glascow where he stayed three or four days and marched on to Levingston-House the weather extream wet and the Souldiers divers times â—ain to Quarter in the open Fields That the Court at St. Johns Town were in great Distractions and the Highlanders fell upon the Kirk Party and killed a Major a Lieutenant and some others 29 Vote that the Committee for regulating the Proceedings in Law do peruse the Freeholders in every County and consider of a way for the impartial Returns of Juries and of more indifferent Proceedings in Causes Order for an Act to take away all Saints days and other days in Term not Juridical and making them Court Days and for making the 5th of November no Court day A Committee to consider how to regulate abuses and misdemeanours of Keepers of Prisons Order for the Members of the House to bring in by a day the names of fit Persons to be Sheriffs in the several Counties An Act for raising 120000 l. per mensen for maintenance of the Forces in England Scotland and Ireland read the first time An Act passed for settling Convoys for securing the Trade of the Nation 20 Letters of several Prizes brought into Plymouth 31 Letters that the General sent a Letter to the Committee of Estates by a Trumpet who was not permitted to carry it further than Sterling where the Governonr took it of the Trumpet and promised to send it by a Messenger of his own to St. Johns Town where the Committee then was That the General marched to Glascow the compleatest Town they had been in and one of their choicest Universities That when he entred the Town many Scots appeared to see him march but no violence was offered to any of them the General having given a strict Command for that purpose And none of the Souldiers entred til he and his Followers were first in their Quarters That Captain Covel of the General his Regiment of Horse was cashiered for holding some Blasphemous Opinions That on the Lords day a Scots Minister in his Pulpit at Glascow railed foully against the General and his Army and though many Souldiers heard it yet no violence was offered to him That C. Ker and C. Straughan were willing to a Treaty of Accomodation but sent word to the General That they could not effect it being hindered by the Lord Wareston and Sir John Chiesesly who were sent to them for that end by the Committee of Estates That the General marched from Glascow fourteen Miles and Quartered in a poor Cottage That Captain Pitson was taken Prisoner by the Enemy That C. Vanrusk with a Party of Dutchmen fell upon some Straglers of the Army and murdered them That the General returned to Edenburgh That some Recruits came from London to the Army but near half of them ran away in their March and listed themselves in the Garrisons of New-Castle and other Garrisons by the way Novemb. 1650. 1 Letters Of some Dutch Ships loaden with Figs from Portugal staid at Pendennis till the pleasure of the Councel of State were known That the Commissioners provided Red Coats for all the Souldiers 2 Letters That Prince Rupert was gone to Marseilles and intended from thence to go to the Barbadocs and to get men there and in the Islands and so to go for Scotland That there were great Divisions betwixt the Kirks Party and the Committee of Estates That a Lieutenant with a Trumpet came with Letters to the G. from the Committee of Estates Letters That the Mine went on against Edenburgh Castle And That two Mortar-Pieces were brought thither from Hull That the General sent a Party who took in a strong House near Dalkeith and some Arms in it That C. Ker and C. Straughan had sent new Letters about an Accommodation and had declared against the Interest of the King and Lords That some of the Royal Party fell upon the Kirk-Party and killed and took 120 of them and other great Divisions were amongst them whilst the English Army was in their bowels That at Carlisle on the Lords Day in the Great Church the Governor's Chaplain preached in the Morning and an Officer of the Army in the Afternoon 5 The Day of the Gunpowder-Treason Celebrated A further Act passed prohibiting Trade with the Scots by any Foreign Nation Referred to the Committee of the Navy to
in the mouth of the Elbe to search and examine all Ships bound for England April 1653. 1. Letters from Ireland of several Irish Transplanted by agreement That Major Wallis and Captain Nelson ingaged a Party of the Irish at great disadvantage yet routed them and killed above 50 of them and 3 of their Captains dead upon the place Of differences amongst the Remonstrators in Scotland wherein the Lord Wareston was very active to justifie their proceedings and that all they did was well 2. Of mischiefs done upon the English Traders by some of the Dutch and French Pickeroons and Free-booters 4. Of a Holland Free-booter taken Letters That when Captain Appleton was taken by the Dutch in the Streights he privately commanded the Gunner to blow up the Ship but he and the Gunner were laid hold on by the Company suspecting some such thing and by force hindred from doing it and the Captain was taken Prisoner by the Dutch That the Dutch set the English Marriners whom they had taken on shore but kept the Captains Prisoners 5. Ordered by the House that a certain number of Ministers and others be appointed to sit in every County to examine Judge and approve all such Persons as shall be called to preach the Gospel The Fine set upon the Lord Howard remitted and Sir John Gell pardoned Order for the Garrison and Castle of Bristol to be dismantled A publick Minister came from Sweedland and an other from Switzerland 6. Upon discourse with Cromwell he was found still in distast with the Parliament and hastening their dissolution 7. Some meetings and proposals were made for a Treaty of Peace with the Dutch but little hopes to effect it 8. An Act passed for probate of Wills and granting Administrations A Fleet of Colliers with a Convoy of Ten Men of War put into Scarborough for fear of a Dutch Fleet descryed at Sea and sent word thereof to the 3 Generals at Portsmouth whereupon Vice-Admiral Pen with 40 Men of War went Northward for their assistance 10. Letters of 300 Sail of Colliers with their Convoy which put in at Scarborough for fafety from the Dutch were sired upon by the Dutch but defended by the Castle and the Dutch Fleet went off again Some Irish Commanders made an agreement with Commissary General Reynolds to lay down their Arms and be Transported to Spain or any other place in amity with England with an exception of those who were guilty of any Massacre Murder or Robbery and their Priests not to execute their Function in the English Quarters 11. That some of the Irish Rebels having a design to possess and fortifie Durs Island were prevented by the English 12. Kept a day of Thanksgiving A Proclamation at the Hague that whosoever shall discover the Author of a Scandalous Pamphlet called Rotterdams discourse between a Merchant and a Citizen and a States-man shall have 500 Gilders and he that discovers the Printer to have 250 Gilders The States gave to Van Trump a Gold Chain to the value of 2000 Gilders and to Everson and Ruiter to each 1500 Gilders and other gratuities to other of their Commanders of that Faction Of English Vessels taken by the Dutch Capers That the Assembly and Remonstrating party in Scotland do not only swell into high words but end in blows to the scandal of some of their Party 13. Divers Scots pressed and sent into England to serve in the Fleet. That Captain Edwards with a small man of War of 6 Guns brought in a prize of 200 Tun richly laden 14. Of several Prizes taken 15. That the parts about Scilly are much infested with Free-booters French Dutch and Irish That one Crichtoun at Edenburgh before the Justices confessed that he was a Jesuite and had said Mass in several places in that Nation Justified his own opinion and declared a readiness to suffer what should be inflicted upon him affirming that the worst measure he could receive from them would tend most to his advantage Of strange Fishes taken in the Harbour at Soals Bay of 10 or 11 Foot in Length and none of the like sort seen before Of the Coast near Jersey much infested by the Pickeroons pretending Commissions from the Scots King That divers of Prince Rupert's Men stole away from him and came to England Of the Fleet of Colliers arrived The Parliament gave moneys to divers Widows whose Husbands were Slain in the late Sea-Fight Order for Hampton-Court and the 3 Parks there to be kept from Sale 16. Order for a Seal for the probate of Wills and granting Letters of Administration 18. 600 l. in Gold was taken on board the Pacquet-boat going for Calais That 7 Dutch Captains were imprisoned at the Hague for not doing their Duty in the late Ingagement with the English at Sea that they were to be tryed by Van Trump and 11 more Sea Officers The Lord Applebone Resident for the Crown of Sweeden had audience of the States and offered a mediation of Peace betwixt them and England as the Lord Lagerfield had done to the Parliament That there was a Mutiny in De Witts Ship but appeased again 19. That the Queen of Sweeden had 50 stout Ships Men of War at Sea 20. Yesterday there having been a great meeting at Cromwells Lodgings in Whitehall of Parliament Men and several Officers of the Army sent to by Cromwell to be there a large discourse and debate having been amongst them touching some expedient to be found out for the present carrying on of the Government of the Common-wealth and putting a period to this present Parliament It was offered by divers as a most dangerous thing to dissolve the present Parliament and to set up any other Government and that it would neither be warrantable in conscience or wisdom so to do yet none of them expressed themselves so freely to that purpose as Sir Tho. Widdrington and Whitelock then did Of the other opinion as to putting a period forthwith to this Parliament St. John was one of the chief and many more with him and generally all the Officers of the Army who stuck close in this likewise to their General And the better to make way for themselves and their ambitious design of advancing them to the Civil Government as well as they were in the Military power They and their Party declared their opinions that it was necessary the same should be done one way or other and the Members of Parliament not permitted to prolong their own power At which expression Cromwell seemed to reprove some of them and this conference lasted till late at Night when Widdrington and Whitelock went home weary and troubled to see the indiscretion and ingratitude of those Men and the way they designed to ruine themselves Therefore these came early again this morning according to appointment to Cromwell's Lodging where there were but few Parliament Men and a few Officers of the Army A point was again stirred
delivered to the President of the Councel till some time after the date of it the next day they received this Order or Warrant from the Protector Oliver Protector RIght trusty and right well beloved We greet you well Whereas by an Ordinance Entituled An Ordinance for the better regulating and limiting the Jurisdiction of the High Court of Chancery It is among other things Ordained that the Masters of the Chancery in Ordinary shall be only six in number to be now and from time to time appointed by the Lord Protector for the time being We according to the said Ordinance do appoint William Lenthal Esq Master of the Rolles John Sadler Nathanael Hubart Arthur Barnardiston Thomas St. Nicholas and Kâ—bert Aldworth Esq to be the six Masters of the Chancery in Ordinar and do hereby signifie unto you our pleasure that they be sworn and admitted accordingly given at White-Hall this second day of May 1655. To our Right trusty and Right well beloved Sir Bulstrode Whitelocke Knight Sir Thomas Widrington Kt. and John L'Isle Esq Lords Commissioners of the Great Seal of England Upon Receipt of this Warrant they gave the Oath to the six Masters of the Chancery named in the Order it being the old Oath and they proceeded in ordinary business of the Court according to the former course Letters from the Barbadoes of some Dutch Ships there Trading seized upon by Pen and his Fleet ready to sail from thence but whither the Officers knew not That they only waited for more stores from London which were not yet come to them That Pen had here recruited his men and sent some Forces to the Leeward Islands That the English here love to Trade more with the Dutch then with their Country men That Pen and Venable settled in the Barbadoes a Court by Commission to levy what should appear to be owing there to the Dutch and to make seizures of all Dutch who should Trade there That they were now six thousand Land-men and five thousand Sea-men and intended shortly to set Sail upon their design Letters of the Duke of Savoys cruel persecuting the Protestants in Piedmont by taking away their Goods and Estates and putting them in Prison and carrying away of their Children using all means with violence to make them forsake their Religion and the purity of the Gospel which when they could not do the Priests persuaded the Duke to send an Army against them to force them to Conformity who sent eight thousand men against these poor quiet people and Loyal Subjects the Army fell upon them slew many of them with small loss and took many Prisoners whom they used with all cruelty and then put them to death Others of them with their Wives and Children fled unto the Mountains whilst the Soldiers plundered their Houses and then fired them and their Churches A Solemn Fast was kept throughout London and Westminster During this Easter Term the Commissioners of the Great Seal proceeded in Chancery according to the former course of that Court and did not execute the Protectors new Ordinance which was informed to him but he could not disturb them till the Term was over and then was quick with them for their disobedience June 1655. Divers sollicitations were made to Whitelocke by sundry persons whose interest lay that way that he should recant the Letter he had subscribed with Widdrington and Lenthal that he was not satisfied to execute the Protectors New Ordinance concerthe Chancery and that he would promise to do it and to Conform to his Highness pleasure and that then he should be continued in the place of Commissioner of the Great Seal otherwise he must expect to be put out of that good and great Office Whitelocke answered them that no worldly considerations could prevail with him to do any thing contrary to his Judgment and Conscience for then he knew he should offend a greater Protector and better Friend than my Lord Protector could could be That he had taken an Oath to execute the place of Commissioner of the Great Seal Legally and Justly and for him to execute this Ordinance as a Law when he knew that those who made it had no Legal power to make a Law could not be justified in Conscience and would be a betraying of the Rights of the people of England and too much countenancing of an illegal Authority That as long as he should continue a Commissioner of the Great Seal he would execute that place according to Law and do right to the parties in Court after the best of his Judgment and Conscience but to do an Illegal Act and to execute such an Ordinance as he knew not to be agreeable to Law and would be an occasion of Injustice to many because he would thereby keep himself in the place of a Commissioner he thought was not according to good Conscience nor honesty and therefore he resolved to give himself satisfaction rather than any other and further than this he could not be persuaded This Order was brought to the Lords Commissioners To the Right Honorable the Lords Commissioners of the Great Seal My Lords I Am commanded to signifie unto your Lordships his Highness and the Councels pleasure That your Lordships do attend his Highness with the Great Seal at six of the Clock this Evening I am My Lord your Lordships most humble Servant Henry Scobell White-Hall June 6. 1655. As soon as this Letter came to them they understood the meaning of it and attended with the Great Seal at the time appointed at the Councel-Chamber and were after a little waiting called in The Protector gravely told them That he was sorry some of them could not satisfie their own Consciences to execute the Ordinance concerning the Chancery which they were informed had much good in it to the publick but he confessed that every one was to satisfie himself in matter to be performed by him and that he had not the worse opinion of any man for refusing to do that whereof he was doubtful but in this particular the Affairs of the Common-Wealth did require a Conformity of the Officers thereof and their Obedience to Authority and being some of them refused to execute this Act as was enjoyned they were compelled thereby to put this charge of the Custody of the Great Seal into the hands of some others who might be satisfied that it was their duty to perform this Command and to put the Ordinance in Execution Whitelocke being the antientest of the Commissioners told his Highness That their scruple was not upon the Authority of his Highness and the Councel as to the Command of all matters concerning the Government of the Common Wealth but only as to the effect of this Ordinance to be Executed as a Law the which they apprehended and had formerly given their reason for it would be of great prejudice to the Publick and would be contrary to what they had formerly by their Oath promised and being yet unsatisfied
shall be left by the party acusing in writing under his hand with the party accused or in his absence at his house in the County City or Town for which he shall be chosen if he have any such house or if not with the Sheriff of the County if he be chosen for a County or with the Chief Magistrate of the City or Borough of which he is chosen And that the number of persons to be Elected and chosen to Sit and serve in Parliament for ENGLAND SCOTLAND and IRELAND and the distribution of the persons so chosen within the Counties Cities and Boroughs of them respectively may be according to such proportions as sholl be agreed upon and Declared in this present Parliament V That your Highness will consent That none be called to Sit and Vote in the other House but such as are not disabled but qualified according to the Qualifications mentioned in the former Article being such as shall be nominated by your Highness and approved by this House and that they exceed not Seventy in number nor be under the number of Forty whereof the Quorum to be One and twenty who shall not give any Vote by Proxies and that as any of them do dye or be Legally removed no new ones be admitted to Sit and Vote in their rooms but by consent of the House it self That the other House do not proceed in any Civil Causes except in Writs of Error in Cases adjourned from Inferior Courts into the Parliament for difficulty in Cases of Petitions against Proceedings in Courts ef Equity and in Cases of the Priviledges of their own House That they do not proceed in any Criminal Causes whatsoever against any person criminally but upon an Impeachment ef the Commons assembled in Parliament and by their consent That they do not proceed in any Cause either Civil or Criminal but according to the known Laws of the Land and the due course and Custom of Parliament That no final Determinations or Judgments be by any Members of that House in any Cause there depending either Civil Criminal or Mixt as Commissioners or Delegates to be nominated by that House But all such final Determinations and Judgments to be by the House it self Any Law or Vsage to the contrary notwithstanding VI. That in all other particulars which concern the calling and holding of Parliaments your Highness will be pleased That the Laws and Statutes of the Land be observed and kept and that no Laws be Altered and Suspended Abrogated or Repealed or new Law made but by Act of Parliament VII And to the end there may be a constant Revenue for Support of the Government and for the Safety and Defence of these Nations by Sea and Land We declare our willingness to Settle forthwith a Yearly Revenue of Thirteen hundred thousand Pounds whereof Ten hundred thousand Pounds for the Navy and Army and Three hundred thousand pounds for the Support of the Government and no part thereof to be raised by a Land Tax And this not to be altered without the consent of the Three Estates in Parliament And to grant such other Temporary Supplies according as the Commons Assembled in Parliament shall from time to time adjudge the necessities of these Nations to require And do pray Your Highness That it be Declared and Enacted That no Charge be laid nor no person be compelled to contribute to any Gift Loan Benevolence Tax Tallage Aid or other like Charge without common consent by Act of Parliament which is a Freedom the People of these Nations ought by the Laws to Inherit VIII That none may be added or admitted to the Privy Council of your Highness or Successors but such as are of known Piety and undoubted affection to the Rights of these Nations and a just Christian Liberty in matters of Religion nor without consent of the Council to be afterwards approved by both Houses of Parliament and shall not afterwards be removed but by consent of Parliament but may in the Intervals of Parliament be suspended from the Exercise of his Place by your Highness or your Successors and the Council for just cause and that the number of the Council shall not be above One and twenty whereof the Quorum to be Seven and not under As also that after Your Highness death the Commander in Chief under Your Successors of such Army or Armies as shall be necessary to be kept in England Scotland or Ireland as also all such Field-Officers at Land or Generals at Sea which after that time shall be newly made and Constituted by Your Successors be by consent of the Council and not otherwise And that the standing Forces of this Commonwealth shall be disposed of by the Chief Magistrate by consent of both Houses of Parliament sitting the Parliament and in the Intervals of Parliament by the Chief Magistrate by the Advice of the Council And also that your Highness and Successors will be pleased to Exercise your Government over these Nations by the Advice of your Council IX And that the Chancellor Keeper or Commissioners of the Great Seal of England the Treasurer or Commissioners of the Treasury there the Admiral the Chief Governour of Ireland the Chancellor Keeper or Commissioners of the Great Seal of Ireland the Chief Justices of both the Benches and the Chief Baron in England and Ireland the Commander in Chief of the Forces in Scotland and such Officers of State there as by Act of Parliament in Scotland are to be approved by Parliament and the Judges in Scotland hereafter to be made shall be approved of by both Houses of Parliament X And whereas your Highness out of your zeal to the glory of God and the propagation of the Gospel of the Lord Jesus Christ hath been pleased to encourage a Godly Ministry in these Nations We earnestly desire that such as do openly revile them or their Assemblies or disturb them in the Worship or Service of God to the dishonour of God scandal of good men or breach of the peace may be punished according to Law And where the Laws are defective that your Highness will give consent to such Laws as shall be made in that behalf XI That the true Protestant Christian Religion as it is contained in the holy Scriptures of the Old and New Testament and no other be held forth and asserted for the publique profession of these Nations And that a Confession of Faith to be agreed by your Highness and the Parliament according to the Rule and Warrant of the Sciptures be asserted held forth and recommended to the people of these Nations That none may be suffered or permitted by opprobrious Words or Writing maliciously or contemptuously to Revile or Reproach the Confession of Faith to be agreed upon as aforesaid And such who profess Faith in God the Father and in Jesus Christ his Eternal Son the true God and in the Holy Spirit God coequal with the Father and the Son one God blessed for ever and do acknowlege the