apprehending their Designs he comes to the discontented Princes of France who had raised an Army at Sedan And from thence from the Count of Soissons the Duke of Guise and the rest a Manifesto is published of their taking Arms for the Peace of Europe and expulsion of him who fomented the publick Wars They make Alliance with the Emperour and Cardinal Infanta and joyning Forces with General Lamboy they come to Battel where the Count de Soissons was slain and their Forces overthrown and Richlieu gets more advantage thereby against the House of Austria The close Committee for managing the business against the Earl of Strafford sate very constantly and took great pains in framing the Articles against him and preparing of Witnesses for proof of them for some of which Witnesses there were Messengers sent into Ireland to bring them hither All the Papers Proofs and Examinations in this business were committed to Whitelocke's care and charge being Chairman to the Committee The Committee had often resort to the House of Commons for their direction upon any Point of Difficulty and they were appointed by the House to be the Managers of the Evidence against the Earl and accordingly they divided the work among themselves January 30. Mr. Pym presented to the Lords the particular Articles of the Charge against the Earl of Strafford being 28. The Earl was immediately sent for to the Lords House where he heard the Articles read and they being two hundred sheets of paper and some of the Treasons being of fourteen years standing he desired three Months time to make his Answer which must also of necessity be very long and being unto matters of so high concernment especially to his own life and fortunes This time was opposed by the House of Commons and at length the Lords ordered his Answer to be brought in by the 24th of February next which was done though to the great labour of his Lordship and of Sir Richard Lane and others of his Councel and on that day it was read in the Audience of the King and in the House of Commons the next day after Some Disputes arose between the two Houses touching the Tryal 1. Whether Councel should be allowed for the Earl which the Commons opposed as not allowable in case of high Treason which the Lords said was true as to pleading of Matter of Fact but not in Matters of Law which was at length yielded to 2. Concerning the place of Tryal the Lords desired it might be in their House which the Commons opposed because they intended to manage their Accusation by Members of their own House in the presence of the whole House for which the Lords House would be too little whereupon Westminster-hall was agreed upon 3. The Commons intended to come in the Body of their whole House which the Lords not assenting to they at last yielded to come as a Committee of the whole House But there was a Proposal the Subject of much Discourse to prevent all this trouble and to restore the Earl of Strafford to his former Favour and Honour If the King would prefer some of the Grandees to Offices at Court whereby Strafford's enemies should become his friends and the King's desires be promoted It was that should be made Lord Treasurer the Lord Say Master of the Wards Mr. Pym Chancellor of the Exchequer Mr. Hollis Secretary of State Mr. Hampden Tutor to the Prince others to have other places In order whereunto the Bishop of London resigned up his Treasurers Staff the Lord Cottington his place of Master of the Wards and the rest were easily to be voided But whether upon the King's alteration of his mind or by what other means it came to pass is uncertain These things were not effected and the great Men baffled thereby became the more incensed and violent against the Earl joyning with the Scots Commissionres who were implacable against him The time and place of the Earls Tryal was appointed Westminster-hall prepared for it and never was there or any where else seen a more solemn and majestick Tribunal In the middle of the Theatre below on Forms covered with red cloth sate the Lords in their Parliament Robes their faces upwards at the head of them with his face towards them sate in a Chair the Earl of Arundel for that occasion made Lord High Steward of England and at that Tryal the Speaker of the Peers the Earl of Lindsey was made Lord high Constable of England for that time and had the ordering of the place Scaffolds were erected on either side of the Hall and at the lower end on those Scaffolds sate the Members of the House of Commons uncovered as a Committee of the whole House and many hundreds more of Gentlemen who could get places with them Beyond the Peers towards the upper end was placed a Chair and Cloth of State for the King raised on a Foot-pace on either side whereof was a close Gallery for the King Queen and Prince to be private At the lower end of the State on a Scaffold did usually sit Ladies of Quality on the right hand at the lower end even with the Lords was a place with partitions for the Committee of Parliament and a Door backwards out of it to a place for a withdrawing Room for them to retire to and consult as there was offered occasion On the other side of the place for the Committee and adjoyning to it was a place made for the Earl of Strafford with a Seat and Room for the Lieutenant of the Tower to be next to him and places for the Earl's Secretaries and for his Councel to be near him The Bishops were excluded by the Canons of the Church to be assistant in cases of blood or death and therefore they absented themselves from this Tryal Monday 22. March 1640. was the first day of the Earl's appearing on this Theatre the King Queen and Prince and divers foreign Lords and many Ladies with them attending there the Lords in their Robes on their Seats and the Scaffolds full of the Members of the House of Commons and many others mixed with them The Earl was brought to the Bar by the Lieutenant of the Tower his habit black wearing his George in a Gold Chain his Countenance manly black his Person proper but a little stooping with his Distemper or habit of his body his behaviour exceeding graceful and his speech full of weight reason and pleasingness The Lord high Steward declared to him That he was called thither to answer to the Impeachment of high Treason preferred against him by the Commons of England and Ireland Then his Accusation was read and next his Answer to it in which most part of that day being spent the Court arose The next day Mr. Pym made an Introduction very rhetorical and smart to the Articles and the first seven of them were managed as to the evidence by Mr Glynne and the proof was to his subverting the fundamental Laws
Souldiers whil'st they were on Shore behaved themselves very civilly and payed for what they took and any that were debaucbed were severely punished That there was much seeking of God by Prayer for a Blessing on them Letters that the Cavaleers endeavoured to raise Differences betwixt the 2 Nations but since the News of the late Defeat in Ireland they are very still Letters from York That one Morrice and one Blackbourn were arraigned before Baron Thort and Judge Puleston for levying War against the Kingdom they pleaded not guilty but desired as they were Marshal Men that they might be tryed by Marshal Law which was denyed to them Morrice at last said he would be tryed by God and the Countrey and 17 Witnesses proved foul Crimes against him He had two Sheets of Paper written with Matters of Law and Statutes many of which he pleaded and urged the case of the War betwixt the two Houses of York and Lancaster the difference of which from his case was shewed by the Judges Then he produced a Commission from the King when he was Prince the Judges told him that the Prince was a Subject as well as he and must be tryed by the same Law He was found guilty of Treason and manacled with Irons at which he said What a Martial Man Ironed the like President was never before known He desired to have a strong Guard saying Let me be damned if I escape but it was denyed so was a Copy of his Indictment and to have Councel or to be exchanged He and Blackbourn were both condemned Letters from Chester That Lieutenant General Jones having put Dublin into a good posture was marched forth with 1000 Horse and 3000 Foot and sat down before Tredah That Ormond executed many for Runawayes That the Markets are full again at Dublin Letters from Paris That Prince Charles received an account from Ormond of this Defeat given him by Jones and blamed Inchequins Horse and others that betrayed him and ran away and Inchequin by his Letters to the Prince complained against Ormond for fighting when he was gone from him with 2000 Horse That Ormond diswaded the Prince from coming into Ireland 21 The House sate and received Letters from the Lieutenant of Ireland of his then being setting Sail for Ireland and offering to their consideration the Removal of Penal Statutes that inforce the Consciences of honest conscientious Men. The House ordered the Committees to make their Reports touching the Ease of tender Consciences And an Act to be brought in for Commissioners to be chosen in all Countries to make choice of fit and able Men to be made Ministers that cannot conform to the present Ordinance for Ordination of Persons to Preach Orders about Monies for the maimed Souldiers and about Disbursements for disbanding Souldiers The House was acquainted with divers Papers taken in a French Mans Trunk at Rye discovering a popish Design to be set on Foot in England with Commissions from the Bishop of Chalcedon by Authority of the Church of Rome to Popish Priests and others for settling the Discipline of the Romish Church in England and Scotland Referred to Mr. Attourney General to make a further Examination of this Business and report it to the House Some sent to seize Books of Lieutenant Collonel Lilbourn newly Printed were perswaded by him to look to their own Liberties and let the Books alone Letters that the Lieutenant of Ireland was safely landed at Dublin and all his Men with him in about 40 Ships That Commissary General Ireton with about 60 Ships more full of Men Arms and Provisions were with a good Wind sailing for Munster 22 Petitions of the Miners of Derbyshire and of the Earl of Rutland referred to a Committee Petition of the City of London for more Houses to set the poor on work referred to a Committee The Arrest of a Member of the House not one that sate was referred to be examined by a Committee An Act passed touching Plantations about Florida near Virginia Letters of great Complaints of the Taxes in Lancashire and That the meaner sort threaten to leave their Habitations and their Wives and Children to be maintained by the Gentry That they can no longer bear the Oppression to have the Bread taken out of the Mouths of their Wives and Children by Taxes And that if an Army of Turks come to relieve them they will joyn with them Reasons against the arresting of Mens Persons were presented to the Members of Parliament 23 The Arrears of the Fee-Farm Rents of Carlisle remitted by the House The King of France had prohibited all Trade with England the English Merchants took this as a Breach of the League and thereupon addrest themselves by Petition to the Councel of State desiring them to report this matter to the House The Councel reported the whole matter to the House who upon long debate thereof Voted That no Wines Wool or Silk of the Growth of France and usually vended in this Nation shall from thenceforth be imported into any Port thereof or vended here upon forfeiture of the Goods and Ship that shall import them Upon the Question whether Linnen Cloth should be likewise prohibited It was resolved in the negative in regard of the general and necessary use thereof and they referred it to the Councel of State to bring in an Act according to these Votes Letters That when the Lieutenant of Ireland landed at Dublin he was most Heroically entertained with the resounding Eccho of the great Guns round about the City and great concourse of People to see him to whom he made a very grateful Speech with his Hat in his hand and there was a great cry that they would all live and dye with him That the next day after the raising of the Siege of London Derry Sir Charlet Coot Summon'd the Garrison that was near to it in the Possession of the Enemy and that within two dayes the new Fort Slogh Castle and other Forts were delivered up to him with the Ammunition and Artillery all upon Quarter 24 Order for 20 l. for the buryal of Mr. Powel a reduced Officer A Letter from Sir Charles Coot to the House That Charles Coot his Brother had concluded a Peace with M. G. Row O Neal and his Reasons for the doing of it were for Preservation of the Garrison of London Derry and the English Interest in those parts After reading of the Articles and a long Debate Ordered that a Copy of a Declaration of the House upon M. G. Monks joyning with Owen Roe O Neal should be forthwith sent to Sir Charles Coot and in vindication of his Honour they Voted That they approved of the Fidelity Care and Vigilancy of Sir Charles Coot in Preserving the English Interest in Ireland and holding out London Derry against the Scots They referred it to the Councel of State to take care for the sending of these Votes to Sir Charles Coot and for relieving him with
from Skipton fell upon Colonel Maleverer's quarters at Rippon and took about twenty of his horse The Court Marshal condemned three men one Captain Syppins for endeavouring to betray Gernsey one Francis Pits who was imployed by Sir Richard Leveson to betray Russell-hall in Staffordshire and William James a Foot-souldier for running away from his Colours The Tryal of Macquire and Macmahon was altered and ordered to be in the King's Bench and Mr. Rolles with the others before named appointed to be Council against them Sir Edward Hungerford and Sir Nevill Poole were sent down into Wiltshire for the service of that County Sir Henry Mildmay got an Order for his Salary as Master of the Jewel-house to the King Colonel Hammond who killed Major Grey at Gloucester for giving him the Lye was referred to be tryed by the Council of War in the Lord General 's Army Some of the King's Plate was ordered to be sold or pawned for 3000 l. for Abington and Reading forces and that the Plate amongst the Regalia which had Crucifixes or superstitious Pictures should be disposed of for the Publick Service A Letter of Thanks ordred to Colonel Ceely Governour of Lyme All Governours of Forts and Garrisons were prohibited coming to London unless sent by the General or sent for by the Parliament or Committee of both Kingdoms Sir Thomas Middleton took in Redcastle in Wales with the Lord Powys three Captains divers inferiour Officers forty horse two hundred Arms and store of pillage Upon the Case of Colonel Warren it was ordered That no Officer who formerly received Pay from the State and was afterwards taken by the Parliaments Forces in Arms against them should be exchanged for other Prisoners Prince Rupert removed Sir Francis Hawley from being Governour of Bristoll and turned out the Governour of Berkley Castle and put an Irish Rebel in his place The Commons were very busie in providing Monies and other Supplies for their Forces in England and Ireland The Archbishop was brought to the Lord's house and his Council heard to the matter of Law The Swedish General Tortoison beat Gallas the Emperour's General took all his Cannon and Baggage killed many of his Foot and routed all the rest and pursued his Horse to Willingborough A great fire in Oxford burnt up near a fourth part of the City from one end of it to the other The City Brigade marched forth under the command of Sir James Harrington The Lord Herbert Son to the Earl of Worcester with fifteen hundred men came against a Garrison of the Parliaments between Gloucester and Monmouth and Colonel Massey coming to relieve them routed the Lord Herbert's forces killed fifty and took sixty prisoners and good prize A Letter of Thanks was written to Massey for all his good-Services Upon Major General Skippon's desire the Captain was reprieved who endeavoured to have betrayed Gernsey Doctor Bastwick's Wife had an Allowance ordered for her and her Husband's maintenance Colonel Harley Sir Robert Harley's Son was made Governour of Monmouth Relief was ordered to the well-affected Inhabitants of Jersey An Ordinance passed for the preservation of Hyde-Park and the Timber and Pales from spoil A party from Plymouth took in Saltashe Those before Basing-house sent for more supplies of men The Lords at a Conference gave their Reasons why they thought not fit to agree to the Ordinance for selling the King's Plate but the Commons adhered to their former Vote and ordered 3000 l. out of the Earl of Thanet's Fine for supply of the Forces of Berks and Oxon. The Commons agreed upon all the Propositions for Peace to be sent to the King and took the City Propositions in debate to be sent with the other The Forces of Sir Tho. Fairfax and Colonel Rosseter blocked up Crowland Colonel Birch had an allowance for his reparation of losses from the Parliament Sir Alexander Denton was ordered to be exchanged for Sir John Norcot a Member of Parliament and Judge Mallet was exchanged Many Orders were made touching foreign Ships staid here and to do right in those cases The Commons debated the sending forth of new Writs to choose new Members in the places of those who were dead or expelled the House Duncannon a considerable Fort in Ireland yielded to the Parliament and most of the Officers and Souldiers there took the Covenant Many Orders for Money and Supplies for the Forces and for all the Forces of the Parliament to joyn together to hinder the King's march to Oxford An Order for encouragement of the Officers and Workmen in the Mint Sir William Waller and the Earl of Manchester joyned together and both of them wrote That the King marched as if he intended to fight and they desired some Supplies which were sent to them The Parliament appointed a Day of Humiliation and Prayer to God for a blessing upon their Forces now likely to engage in battel A price was set upon Coals and a Woodmonger ordered to be Indicted for ingrossing of Coals and the Admiral ordered to compel some Coal-ships at Harwich to come into the River Thames Sir John Holland had leave to stay in Holland for six Months Three thousand of the King's Forces besieged Taunton and the Governour Colonel Blake sent out a party who fell upon the Besiegers killed and took many of them whereof some Commanders Sir Hugh Cholmley set out some Vessels which took some Coal-ships coming for London and the Parliament ordered some Ships of War to lie on that Coast Some ships coming in the Parliament gave order for the present payment of the Mariners The propositions for peace were agreed upon by the Commons A party of the King 's coming to Beachly upon Severn to fortifie there Colonel Massey fell upon them slew seventy of them on the place took about a hundred and seventy prisoners two pieces of Cannon and two hundred Arms with the loss of but ten men Colonel Charles Fleetwood took two Troups of the King's horse near Belvoir Castle Doctor Bastwick was exchanged for Colonel Huddleston Jeffreys the Queens Dwarf in a Duel on horse-back in France killed Mr. Crofts Colonel Temple was sent into Sussex to raise Forces for the Parliament in case the King should bend that way The King's Army marched to Andover where some skirmishes were betwixt them and Sir William Waller's Forces and about twenty killed on both sides Colonel Kerne had the thanks of the House for his good Service and was sent down to his Charge in the Isle of Wight By Letters from the Lord Wareston and Mr. Crew Commissioners in the Parliaments Army was certified That all the three Armies were joyned near to Basing and that the King's Forces were at Whit-church within five miles of them That the General had sent to Reading and other places to pull up their Bridges to prevent the King's march to Oxford And that the Council of War had resolved to give battel to the Enemy The Parliament took care for provisions to be sent to
up to be examined Debate upon the Scots Declaration of the grounds of their Armies coming into England The Lords desired the concurrence of the Commons to Indemnify the Duke of Buckingam for his late Ingagement if he came in within fourteen days Scots Letters intercepted by Major General Lambert communicated to the Lords and a Vote passed that all who have invited the Scots Army into England or shall assist them are Traitors and recalled their Commissioners from Scotland they having proclaimed War against England 21. A Vote that all who have served the Parliament and afterwards revolted to the Enemy shall be tried for their lives being Prisoners by a Council of War and that the General do give Commissions to persons in the several Counties for Tryal of such revolted persons by Martial Law Captain Yarrington informed the House of a design of Sir Henry Lingen and other Deliquents to surprise Doily Castle Hereford and other places which the Captain by his indeavours prevented and the House ordered him five hundred pounds out of Lingens Estate and the rest Instructions transmitted to the Lords for Mr. Bence and Mr. Strickland to go to the Lord Admiral and to advise him and be assistant to him upon all occasions 22. Upon a Petition from the Lord Mayor Aldermen and Common Council of London concerning the listing of Souldiers under Major General Skippon the House insisted upon their former Ordinances touching this business and approved what was done therein Referred to the Militia of the out-parts and of the several Counties to receive all Complaints touching miscarriages in listing of Souldiers without authority of Parliament Letters from Colchester Leaguer that those in the Town have begun to eat Horse-flesh and have provided store of Pitch and Tar to fire and throw upon the Besiegers and sithes to cut them off in case they attempt a storm 24. Power given to the Lord Admiral to grant indempnity to such revolted Mariners as shall come in An Ordinance past the Commons for forty thousand pounds for the Northern Forces out of the Excise and another for the revenues of the King Queen and Prince in those parts for those Forces and an Order for a train of Artillery for Major General Lamberts Army Captain Clarks action approved in hindring the transporting of some Scots out of Ireland into England and ordered that those Scots who shall refuse to be so transported and shall not desert the Parliaments service shall be equally provided for with the rest of the English Souldiers of that Kingdom Debate upon the large Catechism Letters from the North that upon the advance of the Enemy with their whole body the Parliaments Forces by directions from their Council of War did retreat being fewer in number and expecting additional Forces and being not forward to ingage before they understood the pleasure of the Parliament concerning the Scots Army coming into England That the Enemy followed them but Colonel Harrison gave some check to them and was wounded and Captain Cromwel slain that the Enemy attempted to enter Appleby where the Parliaments Foot were who repulsed them and Colonel Hatfield charged a great body of the Enemy and forced them to retreat that about forty of them were slain and not above three or four of the Parliaments Forces 25. At a Conference the Commons gave reasons to the Lords why the three propositions should be sent to the King to pass before the Treaty 1. Because the disaffected party in and near London where the Treaty is likely to be is such that if the King grant not the Militia before he comes there will be no safety nor likelihood of the Treaty to proceed for many will indeavour to bring in the King without any agreement and to the destruction of the Parliament 2. If the Presbyterian government be not setled all things in the Church will be in great confusion and the Ministers great sufferers and in high distaste with the Parliament 3. If the Declarations be not recalled the Parliament is not in a Capacity to treat having been declared Rebels and Traytors and no Parliament but a pretended one which was never done by any of the Kings Predecessors The Lords answered that they could not imagine nor was it probable that the parts about London who had petitioned for a Treaty would put it on for the disadvantage of the Parliament 2. They did not apprehend any prejudice to the Parliaments party during the Treaty 3. His Majesty had declared he would consent to all together and not to any before all was agreed and that in case there were no agreement they were all in state as before and that these particulars would require Debate To these the Commons replied that his Majesty was not ignorant of the full demand of those particulars having been often presented to him and to the two first he had declared a willingness and was not obliged to pass them as Bills unless all other things were agreed upon and if no agreement he being at liberty a new War was like to insue That there was no doubt but those about London who had petitioned for a Treaty would put it on to the disadvantage of the Parliament being such who have not only Petitioned the re-establishment of his Majesty without conditions but have taken up Arms and were now in Arms to cudgel the Parliament as those of Colchester said into a Treaty That if these three propositions be not past before the Treaty which is supposed will be in or near London nothing will be determined how his Majesty shall be who shall be with him or how the disaffected to the Parliament shall be ordered and things not setled by Law may be received Episcopacy may be set on foot again Ministers put out Ordinances for money be denied and his Majesty and the Parliament be in War again as formerly Intercepted Letters from the Scots referred to a committee to find out the Key of the Characters with power to send for and secure persons concerned Letters from Major General Lambert of his retreat and referred to the Committee of Derby House to command Forces from Gloucester or any other Garrisons to joyn with Lambert in the North. Order for the Ships at Munster to joyn with Captain Clerk to hinder the transport of Scots out of Ireland into England Order for collecting the arrears of the assessments in the City and Counties Power given to the Lord Admiral to dismiss such Ships as he shall find not fit for the Parliaments service Order for addition to the Forces at Southampton Several Ordinances past both Houses for removing obstructions in sale of Bishops Lands and for the Militia in Dorset and Huntington-shires Orders for money for Hurst Castle and for Carisbrook Castle and for two thousand pounds out of the Estates of the Duke of Bucks and Earl of Holland for pay of a Troop of Horse in the Isle of Wight And for five hundred pounds for another Garrison
caused to be published in Scotland for Justifying of his Proceedings Mr. Windram Layds of Libberton though hardly drawn to it was at length dispatched away with a Message to the Scots King after his arrival in Jersy he waited for an audience till an Agent that had come from Ireland was dismist Then being admitted to the Princes Presence he presented to him the Desires and Offers of the States of Scotland which were to this Effect 1 That he would sign the Covenant and pass an Act for all Persons in Scotland to take it and to ratifyall that had been done there concerning the same 2 That he would pass divers Acts of the Parliament of Scotland which were ratifyed by their two last Sessions as for his approbation of their disclaiming Dr. Hamiltons Design for receiving the several Acts made by the English for the Militia for the Kings of Scotland to have no negative voice in that Parliament 3 That he would withdraw his Commissions to Montross for raising Forces to be sent from beyond Seas into Scotland and to give present Order for the stopping thereof 4 That he would put away all Papists from about him and let none be of his Councel but known Protestants 5 That he would appoint some place about Holland to treat with Commissioners from the Estates of Scotland wro would send eminent Lords to him to treat and conclude there upon all particulars and from the time he should come into Holland they would provide for him what should be necessary to make him and his Train to reside in a Regal manner 6 That he would give a speedy Answer to their Desires These Propositions were much debated by the Prince his Councel who were of a different Sense concerning them nor could a present Answer to them be agreed upon the Priuce having ingaged himself to the Queen his Mother not to do any thing in matters of Importance without first acquainting her therewith and having her advice about them It was thought fit also speedily to acqnaint Montross with this Business Some of the Prince his Councel were for rejecting these Propositions as dishonorable and disadvantagious Others were for accepting them and a speedy agreement with that Party in Scotland which was most prevalent and by whom the Prince had greater Probability of obtaining the Crown than by Montross his Designs which were full of hazard and uncertainty Letters also came from the Queen urging that if the Scots Propositions seemed at present too severe and insupportable there might hereafter be opportunity as soon as he had obtained the Kingdom to free himself at least in some measure from the Inconveniences of them The main of his Councel tended to this that according to the Exigence of his Affairs at present it was absolutely necessary to comply with the Kirk of Scotland Montross advised the same and that the Banishment of himself might not hinder it but to that the King answered that he had found him so faithful and to have performed so eminent Services both to his Father and to himself that he could not in Justice or Honour leave him and desired him to urge him no further to it In regard the Answer to the Scots Propositions required some considerable time because it could not be compleated to be returned by the L. of Libberton Sir William Flemming was sent as Agent before hand to Edenburgh from thence to give Advice of the Affairs in Scotland that thereby the Councel might the better know how to frame the Answer Sir John Berkeley and C. Slingsby were sent into the West of England to sollicite the Kings Friends to rise in Arms for their Prince and being accidentally discovered by a Country Fellow were apprehended by the Committee of the County and sent Prisoners to Truroe The Prince had Ambassadors with the Emperour the Duke of Muscovia the State of Venice the Great Turk and with the King of Spain to whom the Substance of the Ambassy was 1 That the Parliament of England having been in Arms against his Father and prevailed against him and caused him to be put to Death 2 That he being Son and Heir to the late King was yet kept out of his Kingdom by the aforesaid Parliament 3 That he desired the King of Spain's Neighbourly Assistance and that he would afford him what Aid he could to Establish him into his Rights and Dignities in the Kingdoms To this the King of Spain made Answer 1 That he was sorry for his Fathers ill Success wishing he had been more prosperous 2 That he condold with him for his Fathers Death and was much affected with Sorrow at the manner of it 3 That concerning the difference between him and the Parliament and the Rights on the one or the other Side they being Matters out of his Territories and Jurisdiction he could not take Cognizance of them nor should he meddle therein But for any thing within his own Dominions he should be ready to do him what lawful Favour he could November 1649. The Princes continuance at Jersy was by his Councel held not fit to be much longer upon these Reasons 1 Because there was a considerable Fleet of the Parliaments come already to Portsmouth with store of Provisions and it was necessary to prevent the danger that might fall upon them in case those Ships should make an attempt upon the Island which that they would do was the more probable because there were already men landed in Jersy 2 That if they should lye under that hazard they knew not where to expect Relief except all other Services should be neglected and Prince Rupert and Montross called hither which would be the ruine of their Designs 3 That their removal would give great Satisfaction to the Kingdom of Scotland and be an Encouragement to their Friends in England 4 That thereby they should be the more free from Hazards and Dangers both as to themselves and others that should make addresses to them The Councel of State in England had good Intelligence of all the Transactions of the Prince and of his Councel which they procured by their Mony whereof some of the Prince his Servants were needy and would betray their Master for it The times were licentious and men took strange Liberty to calumniate all in Authority and to clamour if they had not what themselves thought fit respecting themselves and their private Interest and Concerns much more than the Rules of Right and Justice and the Law it self When the King of Portugal could neither by Force nor Intreaties be perswaded to cast off Prince Rupert out of his Protection the English Admirals resolved with patience to awaite his coming out and a long time they kept him in there till at last want of Provisions made them retire and give the Prince room Who immediately steered from thence to Malaga but in the Voyage perplexed with extraordinary Storms he lost his Brother Maurice who in the Vice Admiral was never since
of the Defeat given to C. Ker. That there is a great Distraction and mighty Workings of God upon the hearts of divers Religious People in Scotland both Ministers and others much of it tending to the Justification of your Cause A Declaration was published in Scotland of the King and Committee of Estates concerning the Remonstrance of Col. Straughan and his Party And another Declaration and Resolution of the General Assembly of the Kirk of Scotland 17 An Act passed for continuing two former Acts touching Elections in London of Commmon-Councel-men c. Vote That the Fee called Damna Clericorum or Dammage Cleer shall be taken away and an Act to be brought in for that purpose An Act passed for the Sale of the L. Deincourt's Lands Upon a Report from the Councel of State of all the Proceedings of the High Court of Justice upon the Trial of the King the House Ordered them to be Recorded amongst the Records of Parliament and to be transmitted into the Chancery and other Cours at Westminster and to the Custos Rotulorum of the several Counties That an Ambassador from the King of Portugal to the Parliament was arrived in the Isle of Wight 18 Letters from the Admirals at Sea That upon a Letter from the Councel of State to improve all Opportunities for the Service of the State he took the French Man of War and went on in pursuit of P. Rupert That Blake pursued the Prince to the Port of Carthagena belonging to the King of Spain where the Prince with five Ships was put in and Blake sent to the Governor That an Enemy to the State of England was come thither That he had Orders from the Parliament to pursue him c. and the King of Spain being in Amity with the Parliament Blake desired leave to take all Advantages there against an Enemy To this the Governor returned Answer That he could not take any Notice of the Difference of any Nations or Persons among themselves only such as were Declared Enemies to the King his Master that they came in thither for Safety and therefore he could not but give them Protection and that he would do the like to them assuring them all Safety if they also did come in whilst they should stay there That Blake sent a Reply pressing the Governour for leave to fall upon the Prince and thanking him for his Offer to himself But the Governour sent to the King of Spain to know his pleasure herein and in the mean time Blake waited without the Harbour That since the Defeat of C. Ker they took 100 Horse more about Aire and Col. Straughan came in to Major General Lambert with about 60 Horse many of them Officers Jasper Collins was hanged at Charing-Cross for extorting Money from the Countrey and other Outrages as he marched with Recruits towards Ireland Another was tied by the Thumbs to the Gibbet for concealing a Design to betray Walling-ford-Castle where he was a Souldier Two others whipped at the Gibbet for running from their Colours 19 Letters That the Money and Supplies sent from the Parliament to the Army were arrived at Leith That three of the Parliaments Souldiers defended a weak House three hours together in their Shirts against 100 Moss-Troopers 20 Letters That Prince Rupert came to Malago and other Ports and fired and sunk divers English Merchants Ships and demanded the Master of a London Ship who had signed the Petition against the Personal Treaty saying that he would boyl him in Pitch but the Governour of Malago refused to deliver up the Master to him Of a French Ship sent in Prize to Poole by Capt. Mildmay 21 Letters That Blake fell upon Prince Rupert in Malago Road sunk two or three of his Ships run on Shore and exposed to Ship-wrack the rest of his Fleet only two Ships escaped wherein it is conceived Prince Rupert and his Brother Prince Maurice were and Blake in chace of them That when the Great Guns and Mortar-pieces played against Edenburgh-Castle they hung out a Flag of Defiance but after they had played a while and some Execution done by them those in the Castle hung out another Flag for a Treaty And sent a Messenger to the General that they might have time to send to their Friends at Sterling to know by what time they might expect Relief from them and if their expectation was not answered therein that then they would treat for Surrender of the Castle Or if this should be denied then they desired that some of the Scots Prisoners with the General might be permitted to come into the Castle to speak with them which the General granted That the Souldiers in the Castle were many of them sick for want of Water 23 Letters That the Battery went on against Edenburgh Castle and dismounted three of their Guns and shattered their Platform in pieces Copies sent to the Parliament of the Summons sent by the General to the Governour of Edenburgh Castle with his Answer and the General 's Replies 24 Upon a Petition of the Adventurers for Lands in Ireland a Committee appointed to consider of it and to state the Matter of Fact of that Business An Act passed giving power to the Lieutenant General Deputy and Commissioners of Ireland and declaring several Laws to be in force in Ireland Order touching the Trade of Gold and Silver Wyer A safe Conduct granted for the Ambassador of Portugal to repair to London Upon Information by the Speaker That the Spanish Ambassador had been with him and delivered to him a Copy of the Credentials directed to the Parliament of the Commonwealth of England and Signed by the King of Spain the House Ordered That the Ambassador should have Audience The General sent his Letter to the Commanders at Chester Conwey and and other parts commanding That none of the Souldiers offer to give any Disturbance to Justice in the Case of Cheadle who had murdered Bulkley Letters That the High Court of Justice at Norfolk had condemned six of the Mutiniers in the late Insurrection who were Executed at Norwich 25 Letters That Prince Rupert was got on shoar in Spain and being demanded by C. Blake the King of Spain refused to deliver up the Person of the Prince but sent a Messenger to the Parliament about it 26 Letters That Sir Arthur Haselrigg and Mr. Scot members of the Councel of State were come to Edenburgh That the King made a Speech in the Parliament at St. Johns Town expressing much Joy that he was the first Covenanted King of the Nation 27 Letters That Major General Lambert was come to Edenburgh with C. Ker and other Prisoners That after much Execution done by the great Guns and Mortar-pieces in Edenburgh Castle and the General denying them to send to the Committee of Estates The Governour admitted a Treaty and the Commissioners agreed upon the Surrender of the Castle to the L. General Cromwel with all the Ordnance Arms Magazine and
he gave Commissions to Irish Rebels and since was the occasion of a second War and had done contrary to the Liberties of the subject and tending to the destruction of the fundamental Laws and liberties of this Kingdom This Ordinance was read the first time and ordered to be read again the second time to morrow Order for the accounts of Colonel Aldrich a Member of the House to be stated 29. Orders touching the securing of six thousand pound to the Commissioners of the Customs for the present use of the Navy An account to the House what monies were in arrear from Delinquents of their Compositions referred to a Committee The Ordinance for impeaching the King read the second time and committed Major Pitcher who was violent against the Parliament in the War and upon the Articles of the surrender of Worcester was taken in Arms and ingaged not to serve any more against the Parliament Yet afterwards was taken in Arms again against the Parliament at the surrender of Pembroke had quarter given upon mercy and was to go out of the Kingdom for two years and for not doing so and now taken he was by sentence of the Court Martial executed and shot to Death The Council of War sate at White-Hall and finished the agreement of the People and appointed a Committee to consider of a way for the Army to subscribe it A Woman out of Hartfordshire came to the Council of the Army and acquainted them that she had something from God to speak to them and being admitted she did much incourage them in their present proceedings A Petition from Jo. Lilburn and others expressing their dislike of some Articles of the agreement of the People 30. Petition of Mrs. Jennings against Mr. Jennings her Brother a Member of Parliament for refusing to pay her portion or account standing upon his priviledge of Parliament referred to a Committee Order for two thousand five hundred pounds for M r Smithby for Saddles and other Horse-Furniture Referred to the Committee for the Trial of the King to insert the names of Commissioners and to make a Special Provision in the Ordinance in case the King should refuse to plead to the Charge against him Debate whether the thanks of the House should be given to Mr. Watson one of the Ministers that preached before the House of Commons the last Fast-day and carried in the Negative because he did not acknowledge the Parliament Mr. Brookes the other Preacher had the thanks of the House and it was debated whether the Ordinance for Monthly Fasts should be repealed and Fast-days appointed only as there should be occasion but no result was made of it 31. Mr. Owen Preached two excellent Sermons And upon discourse concerning the present affairs of the Army he seemed much to favour them and spake in dislike of those Members who voluntarily absented themselves from the House having no particular force upon their persons All men were at a gaze what would be the issue of such proceedings some thought it best for them to be reserved as to their Opinion finding every where too many talkers and few with much judgment January 1648. 1. Report of the names of Commissioners for Trial of the King being some of the Lords and Commons Officers of the Army Aldermen and Commanders in London with some Gentle-men from the Counties all being one hundred and fifty Persons and twenty of them of the Quorum to try the King and to give Sentence against him A months time was given by the Ordinance to the Commissioners to determine this business This Vote was passed as a foundation for these proceedings That the Lords and Commons assembled in Parliament do declare and adjudge that by the fundamental Laws of this Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom of England Order touching Sequesting of Delinquents in South Wales A Letter from Elsing desiring the House by reason of his indisposition to appoint a Clerk to attend them Referred to a Committee to take an account from M r Elsing of the Books and Records of Parliament in his Hands and to receive them by Inventory and to present the names of fit persons to the House out of whom they may chuse an able Clerk to attend them Vote for M r Phelps to be Clerk assistant to the House and two hundred pound ordered for M r Darnell the present Clerk assistant A Committee named to consider of a way to prevent Anticipations of the publick Revenue The Souldiers in prosecution of an Ordinance of Parliament secured all the Players and brought them away Prisoners in the midst of their Acts as they were then habited in their Robes A Committee of the Army was appointed to consider of concealed Monies due to the State and another Committee of Officers of the Army and Citizens to consider of notorious Delinquents that are fit to be made examples of Justice and an unusual power was given to these Committees to examine witnesses upon Oath Letters from Scotland That at the late renewing of the Covenant the Lord Chancellour stood up in his Pew made publick acknowledgment of his late failings and self seeking and countenancing the last wicked ingagement which he did so orthodoxly and pathetically with many Tears and praying the people to pray for him that there was much weeping among them Letters fom Pontefract Leaguer that many of the Garrison came into them that if the supernumeraries may be sent for Ireland and Old Noll or any person of Honour command them that he cannot want men Letters of advice that all well affected men in the Kingdom might associate and be in Armes lest the Presbyterians who preach for their God viz. The Tenth of every mans Estates and for Forms do joyn with their Brother Malignants to raise new troubles 2. A high Sheriff named for Durham Upon a Letter from Colonel Whitchcot Governour of Windsor Castle Order for twenty pounds per diem for the charge of his Majesties Table and for Fire and Candle for the Souldiery and Voted that Colonel Whitchcot shall have the same power for displacing disaffected attendants about his Majesty as Colonel Hammond had in the Isle of Wight The Ordinance for Tryal of the King was carried up to the Lords of whom sixteen then sate they stuck much upon the Declaratory Vote That it was Treason in the King to levy War against the Parliament they agreed to send an answer by Messengers of their own and adjourned their House for ten days Letters from Windsor that the King was chearful and took no notice of any proceedings against him as to his Tryal and saith he doubts not but within six Months to see peace in England and in case of not restoring to be righted from Ireland Denmark and other places Letters from France that the Parliament there published an Edict against Cardinal Mazarine who escaped
them and That the Prince of Conde came with Force before Paris and stopt provisions 3. The List of the Officers of the Fleet referred to the Committee of the Navy To report who they think fit to go out with this Winter guard and who not Ordered that Captain Moulton be preferred in the Navy answerable to his Merit and the like for Colonel Lidcote The Commons taking notice that the Lords had rejected their Ordinance for Tryal of the King and had Adjourned their House they sent some of their Members to examine the Lords Journal-Book and they reported to the Commons three Votes passed by the Lords 1. To send answer by Messengers of their own 2. That their Lordships did not concur to the Declaration 3. That they had rejected the Ordinance for Tryal of the King Hereupon the Commons Voted That all their Members and others appointed to act in any Ordinance wherein the Lords are joyned with them shall be impowered and injoyned to sit act and execute in the said several Committees of themselves notwithstanding the House of Peers joyn not with them Order that the Ordinance for Tryal of the King and the Declaration from which the Lords dissented and which were intended for both Houses shall now be by the Commons only and that the former Committee do sit presently and report the alteration in the Afternoon during which time the House Adjourned In the Afternoon the Committee made their report and the Ordinance was re-committed and to be reported again to morrow the Lords names to be left out and the three Judges and Sergeant Bradshaw Sergeant Nicholas and Mr. Steel to be Assistants The Speaker acquainted the House with a Letter he had received by the French Ambassador from the Queen but the House would not have it read A Letter was sent from the General to the Committees of several Counties for Levying the Arrears of the Assessment for the Army and that he would take off free-quarter from those who paid their proportions 4. Report of amendments to the Ordinance for Tryal of the King and in respect the Lords had rejected it the Commons turned themselves into a Grand Committee to consider of the power of the Commons in Parliament and the Committee Voted 1. That the people under God are the Original of all just power 2. That the Commons of England assembled in Parliament being chosen by and representing the people have the Supream Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons in Parliament hath the force of Law and all the people of this Nation are included thereby although the consent and concurrence of the King and House of Peers be not had thereunto These being reported to the House were upon the question all passed without a negative Voice to any of them An Ordinance intitled for Tryal of Charles Stuart by a Court Martial was assented to and ordered to be Ingrossed and brought in to Morrow Order that the Clerk do not give out any Copy of the Ordinance for Tryial of the King to any Member of the House or to any other 5. Order to require the Lord Mayor of London to suspend the taking of the usual Oaths and to proceed to perfect the elections of Common-Council Men. Upon information that divers Prisoners of War had escaped out of Peter-house through neglect of the Keeper referred to a Committee to examine and report it And to consider of a Prison to be given to the Sergeant at Arms attending the House Order to desire the General to command his Marshal General of the Army to put in execution the Ordinance concerning Scandalous and un-licensed Pamphlets Order for a large Book of Velom to be made and all the Acts Ordinances and Records which lie abroad in Papers and have been neglected be there entred The Committee for Concealed Monies sate in Whitehall and rewards were allowed to the discoverers 6. The Ordinance for Tryal of the King was brought in ingrossed and passed A Letter from the Commissioners of Scotland resident here pressing for unity of Councils and Actions according to the Covenant betwixt the two Kingdoms and that the House would not proceed to Try or Execute the King till the advice of that Nation be had thereunto Debate concerning the proceedings of Law the issuing of Writs and the like in what name they should be the King and the Lords not acting The Common Council agreed upon an Order to be published to morrow in all Churches for speedy payment of nineteen thousand pound of the arrears of the Assessment for the Army to prevent the whole Armies coming into the City and to be quartered upon those who have not paid their Arrears 8. Letters from Ireland that Sir Charles Coot marched with his Forces of Connaght from Sligo seventy miles into the Rebels Country and after a little conflict with the Rebels some of them were killed and his party burned great store of their Corn preyed upon the Country and brought away one thousand of their Cows without loss That at his return he apprehended Sir Robert Stuart and hath sent him into England with a Charge against him that since this he hath possessed himself of Kilmore and fourteen Guns which Sir Robert Stuart endeavoured to block up by Sea and Land and hindered the provisions sent by the Parliament from being brought to their Forces The House referred it to the General and Councel of War to try Sir Robert Stuart and to take care for the Forces of Sir Charles Coot in Ireland whose actions they approved and Ordered a Letter of thanks to him Referred to the General and Council of War to secure Holy Island Order for the Northern Counties to have the Sequestrations of Delinquents there for disbanding their Forces The Commissioners for Tryal of the King sate in the Painted Chamber at Westminster and Ordered that to morrow a Herald should proclaim and invite the people to bring in what matter of fact they had against Charles Stuart King of England and appointed to sit the next day upon his Tryal 9. Widdrington and Whitelock by agreement went into the House this Morning the Tryal of the King being begun some looked very shy upon them others bid them welcome and seemed glad to see them there About ten of the Lords sate and passed several Ordinances which they sent to the Commons who laid them all aside The Lords had debate upon their last Votes about the Tryal of the King And that some thing should be published to satisfy upon what grounds they rejected the Commission for his Tryal but they resolved nothing Sergeant Dendy who attended the Commissioners for Tryal of the King according to their Order rode into Westminster-Hall with the Mace on his shoulder and some Officers attending him bare and six Trumpets on Horse back and Guards of Horse and Foot in the Palace-yard The Trumpets sounded in the middle of the