HANDBOUND AT THE
UNIVERSITY OF TORONTO PRESS
MEMORIALS' "/j A
OF THE ENGLISH AFFAIRS
FROM
I
THE BEGINNING OF THE
REIGN OF CHARLES THE FIRST
TO THE
HAPPY RESTORATION
OF KING CHARLES THE SECOND.
BY
BULSTRODE WHITELOCK.
A NEW EDITION, IN FOUR VOLUMES. VOL. III.
Quseque ipse miserrima vidi, Et quorum raagna pars fui. VIRG. Mn. ii. 8.
OXFORD:
AT THE UNIVERSITY PRESS. M.DCCC.LIII.
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53
MEMORIALS
OF
THE ENGLISH AFFAIRS
DURING THE REIGN OF
KING CHARLES THE FIEST.
;. THE
26. 1 HE house sat not.
The council of the army agreed, for encouragement of Anno 1649. those who shall engage for Ireland, that they shall have three months advance of their pay and of their arrears, and if they be slain, those to have it to whom they shall assign it ; that a court of admiralty be in Ireland, &c. : these things to be proposed to the house for their confirmation.
Letters from Ireland of Ormondes preparations for his Ireland, forces ; that the Ulster Scots declared against the parliament, and declined Monk ; that the parliament's army there are in great want, and their interest in danger to be wholly lost in that kingdom.
The heads of the articles of peace made by Ormond were, Irish peace.
1 . That the Roman catholics of Ireland have free exercise of reli- gion,, all penalties to be taken off, not to be obliged to the oath of supremacy, to enjoy church livings in their possession and jurisdic- tion.
2. For a parliament, when the catholics shall desire it.
3. All laws made in England since 1641, in blemish of the catho- lics, to be vacated.
4. All indictments against them since that time to be vacated. 3. That catholics may be elected, and vote in parliament.
6. Debts to remain as in 40.
7. The estates of freeholders in Connaught, &c. to be secured.
WHITELOCK, VOL. III. B
2 MEMORIALS OF THE ENGLISH AFFAIRS
8. All incapacities of the natives to be taken away. 9 All honours, trusts, employments, &c., to be conferred on the catholics as well as protestants.
10. That the king take 2oooZ. per annum for the court of wards.
11. Noblemen to have but two proxies in' parliament.
12. The depending of the parliament of Ireland upon England to be as both shall agree, to stand with the laws of Ireland.
1 3 . That the council-table meddle only with state matters.
14. Act against transporting wool to be null.
15. Those wronged by grants to have relief.
1 6. Wronged persons to have right.
17. Restitution of estates.
1 8. An act of oblivion to pass.
19. Customs not to be farmed, and monopolies to be taken away.
20. The court of castle-chamber to be regulated.
2 1 . Acts forbidding ploughing with horses by the tail, and burn- ing oats in the straw, to be nulled.
22. An act to take off grievances.
23. Maritime causes to be determined in Ireland.
24. No rents to be raised under pretence of defective titles.
25. Interest money to be forgiven from 1641.
26. All this to be acted till a parliament agree it.
27. That the catholic commissioners agree upon such as shall be justices of peace, and hear all causes under lol.
28. All governors of forces to be by approbation of the catholic commissioners.
29. None of the king's rents to be paid till a further settlement by parliament.
30. Power of the commissioners of oyer and terminer.
3 1 . Differences in Ireland to be tried there, and not in England.
32. The Roman clergy not to be molested.
33. That his majesty grant whatever else is necessary for the ca- tholics.
Prince Rupert was upon the Irish coast with sixteen ships ; many vessels were taken by him.
A petition to the general and his general council of war, from the well-affected inhabitants of Lincolnshire, much to the same effect with others lately presented to him and to the parliament, and which are beforementioned.
Cromwell. Two men measuring some ground in Windsor forest were asked by what authority they did it ; they showed a kind of warrant from lieutenant-general Cromwell, desiring all officers
IN THE YEAR MDCXLIX. 3
of the forest, soldiers and others, to permit these men to set out some land, &c., in regard there was no justice in eyre.
It were to be wished that such men as lieutenant-general Cromwell would not so irregularly meddle with such matters as these are. The men were forbidden to make any divisions of the land or ditches about it till further order.
27. A declaration passed, that a book lately published, en- 3 92 titled, The second part of England's new chains discovered, Pamphlet, contained matter false, scandalous, seditious, mutinous, and tending to raise a new war ; that the authors and publishers of it were guilty of treason, and referred to the council to find them out.
Letters from major-general Lambert, with the articles of the surrender of Pontefract-castle.
A letter and petition from the grand jury of Yorshire, ac- Yorkshire, knowledging with humble thanks the justice of the parlia- ment in their late proceedings, and engaging to join with them, and desiring Pontefract-castle may be demolished, and some other forts thereabouts.
Vote for 300^. per annum to be settled on major-general Lambert out of Pontefract honour, for his good service.
The Lancashire forces submitted to disband, and quitted Clithero-castle. Order for that castle to be demolished, and that the council of state consider what other inland castles are fit to be demolished.
Sir Henry Cholmly sent for upon complaints against him.
Instructions for the Scots commissioners to their new king were,
1 . That he take the covenant. Scots in-
2. To put from him all who have assisted his father in the war, structions. particularly Montrose, else not to treat with him.
3. To bring but one hundred with him into Scotland, and none who have assisted his father in arms.
4. To bring- no forces into Scotland from other nations without their consent.
The marquis of Huntley was beheaded at the cross in Huntley. Edinburgh.
Letters from the Hague, that the queen of England in- Dutch, vited prince Charles her son into France; that the States inhibited their ministers from insisting upon matters of state
B 2
4 MEMORIALS OF THE ENGLISH AFFAIRS
and in their pulpits, and particularly not to meddle with England's or other kingdoms1 proceedings.
Ireland. 28. Upon a report from the council of state of the particu- lars for encouragement of those who shall engage for Ireland with lieutenant-general Cromwell, the house referred them back again to the council to perfect.
Upon a report from them of the earl of Ormondes pro- claiming the king in Ireland, &c., the house voted the earl a traitor, and an act to be brought in to attaint him.
Order for a letter of thanks to colonel Jones, and a gra- tuity.
Preachers. Order that no ministers shall teach in their pulpits any thing relating to state affairs, but only to preach Christ in sincerity ; and an act to be brought in for penalties to those who shall do otherwise.
Orders for money given away.
A new day given to the lord mayor to conform to the order for proclaiming the act against kingship, or to give an account to the house why he hath not done it.
29. The house sat not.
The council of state upon examination of Lilburn, Wai win, and others, who owned the book, called, England's new chains, did commit them to the Tower.
Ministers. The estates of the Netherlands summoned and examined their ministers, and disallowed what they had done in rela- tion to king Charles II, and forbad them all to meddle with state matters in their pulpits without leave of the magis- trate.
Cromwell. The council of state perfected the particulars for encou- ragement of those who shall engage for Ireland, and lieute- nant-general Cromwell declared himself willing to undertake that service.
30. Vote that Gresham college be not exempted from the assessment to the army, nor the doctors in Doctors' Commons, nor the counties in Wales formerly exempted.
Order that the speaker do sign such letters as shall be thought fit by the council of state, to the states of Hamburgh, touching merchants.
Southwark. Upon a petition of the borough of Southwark, of the in- equality of their rates with the county of Surrey, the house
IN THE YEAR MDCXLIX. 5
held their desires just, and ordered that in all future rates they should pay the eighth part of that assessed upon the county of Surrey.
Order for the committee of Goldsmiths'-hall to form the votes concerning compositions of delinquents, and to have them printed and published, that none may plead ignorance of them.
Referred to the committee of the army to make provision of four thousand cassocks and breeches, to be disposed of by the general to his foot- soldiers, in regard of the smallness of their pay.
Upon the report of alderman Atkins, that the lord mayor London, desired to be excused from proclaiming the act for abolish- ing kingly government, the house ordered that he be sum- moned to attend at the bar to answer his contempt and dis- obedience herein.
31. Upon a report from the council of state, that lieute- Cromwell, nant-general Cromwell accepted of the service for Ireland, and would endeavour to the utmost of his power, with God's as- > sistance, to carry on that work against the rebels and all that adhere to them ;
Voted, that the house doth approve of lieutenant-general Cromwell to be commander-in-chief of all the forces sent into Ireland.
And to take off any reflection upon the general, or dislike by him, they also voted,
That the lord Fairfax be general of all the forces in Eng- Fairfax. land and Ireland.
At the council of state we had variety of intelligence, some good, but more bad.
We gave a despatch to colonel Potley to go for Denmark C. Potiey. and Sweden, to send us from those parts intelligence, and we gave him 2oo/. in hand, and promised him loo/, more for one year's entertainment.
He married the daughter of my father's elder brother, Richard Whitelocke, who lived most of his days in Germany and Poland, and was in great favour with that king. A young gentlewoman of a noble family in Prussia fell in love with him, and married him : by her he had many children.
He was as fit as any man for this service, had lived long
O MEMORIALS OF THE ENGLISH AFFAIRS
in those countries a soldier, well known and esteemed by the grandees, especially in Germany and in the court of Sweden : I recommended him to this employment, which was of great consequence to us.
The profits of my office did not amount to so much as I was in a way of gaining by my profession, and the envy and want of freedom in the place of a commissioner of the seal is much more than as a practiser at law.
Yet by my denial of private applications and informations in causes depending before me, I did something enlarge my vacancy from trouble.
393 The charge of my living was increased by my office, and I spent much more than I gained, to which the style of lords commissioners, moved by Mr. Prideaux for the honour of the place, gave an addition.
April 1649.
La. mayor 1 . The lord mayor of London, alderman Reynoldson, at- of London. Bended the house at the bar, and being demanded why he disobeyed the orders of parliament for proclaiming the act against kingly government,
He pleaded scruple of conscience by his oath taken in the exchequer, and that he conceived the business only proper for the sheriff of the city.
After a long debate, the house voted, that the lord mayor, for his contempt, should be fined 2000?. ; 500?. of it to the poor of London, 500^. to Westminster, 500^. to Southwark, and 500?. to the poor of the Tower Hamlets :
That he be committed prisoner to the Tower for two months, and degraded of his mayoralty ; and that the com- mon-council be required and authorized to elect a new mayor with all speed.
Petitions. A petition of divers of London and Westminster in the behalf of Lilburn, Walwin, Prince, and Overton, prisoners in the Tower, setting forth,
That the freedom of the people is, that none ought to be pro- ceeded against nor punished but by a known law, and before ordi- nary judges; and the military power not to interpose but where the civil power fails.
They pray favour for the prisoners,, and the union of the parlia- ment party to be preserved.
IN THE YEAR MDCXLIX. 7
A petition, with this title :
To the right honourable the commons of England assembled in Anabap-
parliament. tists.
The humble petition and representation of several churches of
God in London, commonly, though falsely, called anabaptists. They acknowledge the goodness of God to the parliament and kingdom, disown any consent to the book called, The second part of England's new chains discovered, justify their own principles, and obedience to authority, and pray the parliament to make good laws for the punishment of wickedness.
The house were satisfied with the disowning of the book, and their expressions to live peaceably, and in submission to the civil magistracy, which the speaker told them by direc- tion of the house :
And that they and other Christians walking answerable to such professions, the house did assure them of liberty and protection, so far as God should enable them, in all things consistent with godli- ness, honesty, and civil peace.
The house finding inconvenience by their late sitting the last night, ordered to rise every day by one o'clock.
The votes of the house collected together touching ex- cepted persons, and compositions of delinquents, were pub- lished.
Letters from Scotland of the execution of the marquis ofMar(iuis
Huntley.
Huntley,
That a minister asking him a little before his execution, whether he desired absolution from the sentence of excom- munication which he lay under, he answered, he would have nothing to do with him, nor with any that taught such he- retical doctrine as he did, to speak to him.
In his speech to the people, the marquis told them, he was sentenced to lose his life for obedience to his sacred sove- reign, to which this ought to encourage all men, and not to affright them ; and that they should for that cause stoop to a scaffold, as if it were a theatre of honour in this world, as indeed it was a heavenly ladder.
That he only craved in his behalf the prayers of those among them that were of his opinion, without desiring the prayers of others whose spirits perchance might be otherwise inclined.
8 MEMORIALS OF THE ENGLISH AFFAIRS
3. Debate of the act for sale of deans' and chapters' lands, and for sale of fee-farm rents of the king's.
Act committed, prohibiting ministers to meddle with state affairs, but to preach Jesus Christ. Declaration Order for a declaration about matters of religion, and set-
of religion.
tlmg of the church :
That tithes shall not be taken away till another maintenance be provided for the ministers, as large and as honourable as by tithes :
That as soon as such a way can be provided, tithes shall be then taken off ; that the government to be established in England shall be the presbyterian government :
That a way shall be provided for admission of all such churches as tend to godliness, and to advance the kingdom of Jesus Christ, to be free, without disturbances :
Alderman Alderman Atkins was chosen lord mayor in the place of tkins. alderman Reynoldson, prisoner in the Tower, for the re- mainder of the year.
Letters of divers vessels taken by the Irish pirates.
Upon the coming of major-general Lambert into Lanca- shire, the two refractory regiments were disbanded.
The young lord Cromwell and colonel Werden and the lord Fitz-herbert's son were brought in prisoners to Chester.
Letters from the Hague, that the earl of Brentford was gone to Sweden to negotiate for assistance to prince Charles, and for that purpose letters were sent to the emperor and king of Spain.
That others advised the prince to go into Scotland, and become the head of the covenanters, whom he might cast off again as there should be occasion ; but Montrose was against that, and that the sword was most honourable.
That Van Trump set out a declaration, and presented it to the prince, to his great satisfaction, as to sea affairs.
The mayor and divers citizens of Oxford were framing a petition to the parliament against some privileges claimed and exercised by the university in wrong of the city.
4. A petition from the well-affected in Blackburn hundred in Lancashire, mentioning their former assistance to the par- liament, and the corrupt party in both houses, approving the purging thereof, and taking away the prerogative house of lords : their desires were to the same effect with those in other
IN THE YEAR MDCXLIX. 9
petitions, complying with and approving all the late proceed- ings concerning the king and house of lords, and secluded members ; and they had the thanks of the house for their good affections.
An act committed for prevention of the mischiefs by those who buy up many heads of cattle, and most of the granaries in the nation, to sell again at excessive rates.
Referred to a committee to draw the form of a new oath 3 94 to be given to the new lord mayor of London and his sue- New oath- cessors, and the oath was presently drawn and assented to.
Referred to the council of state, to give such order as they should think fit concerning the forces in Lancashire.
Debate of the acts for sale of deans' and chapters' lands ; and voted, that all moneys due out of those lands for charitable uses should be paid according to the intent of the donors.
The court martial sat upon the trial of major-general Laugherne, colonel Poyer, and colonel Powel.
Colonel Morris, late governor of Pontefract-castle, and one cornet Blackburn, who had a hand in the death of colonel Raiusborough, and both except ed persons at the rendition of the castle, were taken at Lancaster in disguises.
Letters from Hamburgh, that colonel Cockeram and his servants there laid wait for the minister going to preach in the English house, and attempted to murder him, but he was rescued by the citizens.
We heard forty-five demurrers in the queen's court in the afternoon.
5. I attended the house, when they commanded me and my brother commissioner L'Isle to bring the great seal into the house, to lie upon the table for the more solemnity, be- cause the new elected lord mayor was to be presented this day to the house for their approbation. We brought the seal accordingly, and at the door of the house I took the purse by one corner of it, L'Isle by the other, carried it up with usual reverences, and laid it on the table. We were both of us in our velvet gowns, the first time of our wearing of them.
The new lord mayor was according to order presented to Lei. mayor, the house by their common sergeant Mr. Proby, who made an indiscreet speech. The house ordered thanks to the alder- men and common hall for their good choice, which they ap- proved of, but not of the speech of Mr. Proby.
10 MEMORIALS OF THE ENGLISH AFFAIRS
Order to swear the lord mayor after the new oath.
An act committed touching compositions for delinquency and sequestrations, and giving an appeal to the barons of the exchequer, instead of the former appeal to the committee of lords and commons for sequestrations.
Reference to the committee of the navy of a complaint of the Spanish ambassador, and petition of parties interessed, concerning an old business of the Spanish ship taken by sir William Waller.
A committee appointed to receive complaints touching ab- uses in the forest of Dean, and destruction of the timber. Ships. 6. A report from the council of state for sending out some
ships speedily, and appointing commanders of them, was ap- proved by the house, and referred back to the council to ex- pedite the sending forth of those ships.
Vote, that the justices of peace in the several counties shall be commissioners in the act of assessment of 90,000^. per mensem for the forces ; and the act was passed, and or- dered to be printed.
Order, that the lord mayor and justices of peace in London do put in execution the statutes 5 Eliz. c. 4. and i Jac. c. 6. for settling the wages of artificers, and for their better relief in these dear times, and the like to be done by the justices of peace in all counties.
Petition. A petition from divers well- affected in Oxfordshire, with their desires, referred to a committee ; and a petition from the city of Oxford, referred to the same committee : and the petitioners had the thanks of the house.
Order for the rents allotted to the prince elector to be paid unto him.
Order for Mr. Garland to bring in an act to remove all malignant and disaffected magistrates, and that they may be incapable of bearing any office in the commonwealth.
7. The act for the assessment of 9O,ooo/. per mensem for the forces in England and Ireland passed, and ordered to be printed.
A committee appointed to advise with the general and
officers of the army, how, upon the due payment of this
90,000^. per mensem, free quarter may be wholly taken off.
London. Order, that the four aldermen and the late lord mayor
Reynoldson, now prisoners, be disabled from being alder-
IN THE YEAR MDCXLIX. 11
men, and the common-council to elect new aldermen in their places.
Vote, that major-general Browne and sir John Clotworthy, prisoners, be brought to trial.
Captain Mountain proclaimed king Charles II. in Moulton in Yorkshire, and a parliamentman came into the town pre- sently after, and did not question it.
9. The act passed touching compositions of delinquents. Order for the committee of delinquents to bring in an act
for rules of an act of oblivion, and that the committee of the army bring in an act for a committee and treasurers for the moneys for the army.
Upon a report from the council of state,, lieutenant-general London. Cromwell, sir Henry Vane, junior, alderman Wilson, and others, were appointed to treat with the common-council of London for the borrowing of 1 2O,oco/. for the service of Ire- land, upon security of the assessment of 90,000^.
Vote, that Mr. Prideaux be attorney-general to the state, and the commissioners of the seal to seal a patent to him for the same.
Orders for money for disbanding the Lancashire forces.
A committee appointed to receive informations against Prisoners, major-general Browne touching his engagement with the Scots, and with the earl of Holland, &c., and against sir Wil- liam Waller, sir John Clotworthy, and Copley, and other prisoners.
Letters from Scotland, that they are in high discontents and faction, and the prince expected to come and reconcile them.
Letters from Newcastle of a ship of corn taken by the Irish ; that the poor there are many of them ready to starve, and the meaner sort not able longer to pay assessments, not having bread to feed their families.
Eight ships of the Irish rebels taken by the parliament's ships.
10. Debate of several acts for prohibiting ministers to meddle with state affairs in their pulpits :
And for prohibiting the eating of flesh meat certain days in the week for a time, and for abating prices of corn, and to forbid the making of malt for a time :
12 MEMORIALS OF THE ENGLISH AFFAIRS
And of a declaration of the parliament, of their resolution to settle religion according to presbytery, and a full mainte- nance to the ministers.
Great seal. Order, that the speaker, master of the rolls, the judges, and masters of the chancery, should have a commission under the great seal, to sit and hear causes in the rolls, in absence of the lords commissioners of the great seal. 395 Orders for money for several forces.
The council of war found colonel Poyer guilty upon the articles charged against him.
Upon a report that the twelve thousand English designed for Ireland intended to march into Scotland, they went on there to raise their defensive army of ten thousand. London. Discontent in London about the unequal laying of the assess- ment, the rich men being underrated and the poorer men overrated.
11. A report from the council of state of several proposals, agreed upon as to the forces that shall go for Ireland, was
Lilburn. confirmed by the house ; and the commitment of Lilburn and his fellows by the council was approved by the house, and ordered that they be tried by the common law, and Mr. Attorney Prideaux to prosecute them in the upper bench.
A proclamation published by the general for the observation of former orders for the army, and that no officer be absent from his charge without leave, and to prevent misdemeanours of the soldiers.
At the council of state, some discourses among them of sending me ambassador extraordinary into Holland.
Against this I laboured, and urged the burden of the busi- ness in chancery lying upon me, and (which gave most satis- faction, and, as 1 believed, in this jealous age did prevent my journey) I urged my lord Willoughby's being in those parts, which, by reason of our relation, might with some men raise a jealousy upon me.
They again urged the fitness of me for this employment, my knowledge of the languages, and being one whom they could trust, &c. ; but I insisted upon the former matters of excuse, and so the business as to me went off.
12. Order for a writ to elect a new burgess for Carlisle, in the place of Mr. Barwis, deceased.
IN THE YEAR MDCXLIX. 13
An ordinance committed to give power to the committee of admiralty to proceed to sentence of death in criminal causes.
Order for the committee to meet the common-council of London this afternoon for borrowing 1 20,000?. for Ireland.
A long debate upon the act for sale of deans1 and chapters' lands, and provisos in it, for allowances out of those lands to itinerary ministers, and disposing their impropriations for additional means to the ministry, recommitted.
An act for inventorying the late king's goods committed, and a committee appointed to consider of the sale of his deer and parks, reserving such as shall be needful for the state.
The common -council of London were willing to lend 1 2O,ooo/. for Ireland, but disliked the security proposed, and the committees agreed to treat upon further security.
The council of war, after full hearing of the parties and Colonel witnesses, passed sentence of death against colonel Powel Major-gen. and major-general Laughern, as they had done upon colonel Laughern. Poyer before, upon the two first articles of war :
That such as have intelligence with the enemy, or any communi- cation with them, without direction from the genera], shall be pun- ished as traitors and rebels ; and that none shall relieve the enemy with money, victuals, ammunition, or harbour, or receive any of them, upon pain of death.
The wife of major-general Laughern presented a petition to the court martial, imploring their mercy to her husband, and that this one unadvised act of his might not cause all his former eminent services to be forgot, and the great loss of her, and his children, and two sisters, by his death.
At Bristol were discovered three brass pieces of ordnance, made up in fats, sent from London, and directed to the lord Incriequin in Ireland.
In the evening the commissioners of the seal, the lord ge- neral, the lieutenant-general Cromwell, the chief-justice Rolls, the chief baron, and many gentlemen of the house, as a com- mittee of parliament, went to the common -council of London to borrow of them 120,000^. for Ireland.
The common-council gave them a fair and hopeful answer by their recorder.
13. Upon a report from the committee of yesterday's London, transactions with the common-council, and their forwardness
14 MEMORIALS OF THE ENGLISH AFFAIRS
and desire in that business, a committee was appointed to treat with a committee of common-council, concerning the advance of the iao,ooo/. for Ireland, and to give them the thanks of the house for their willingness to promote this business.
Order for moneys for the garrisons of Berwick and Carlisle, to be disposed as the governor of Newcastle shall direct.
An act committed for appointing treasurers for the 9O,ooo/. assessment, no member of the army to be of this committee.
Hague. Letters from the Hague, that the prince elector arrived
there, was slighted by the king of Scotland and his court ; that the States appointed a council to assist the king to treat
Ministers, with the Scots commissioners, and commanded all their min- isters to pray for no kings or princes but those under whose government they are.
Letters from Exeter, that the mayor and justices there refuse to execute their office, and to punish any offenders, persuaded to it by the ministers, who also inveigh against those that open the floodgate of wickedness.
Privilege, 1 4. Order, that upon anysuit commenced against any member of parliament, the commissioners of the seal and the judges shall certify such members thereof, respectively, and if after such notice they shall refuse to answer or plead, according to the usual proceedings of law,
That then the commissioners of the seal and the judges shall award such process against their persons and estates as according to law is meet ; and such members to have no more privilege in person or estate than any other commoner.
Justices of Referred to the commissioners of the seal, and to the judges in their circuits, to receive complaints against any disaffected justices of peace, and upon proof of the charges against them, to remove them from being justices of peace, as they shall see cause, and to put other well-affected persons into com- mission in their stead.
Ministers. A committee appointed to receive informations and com- plaints against such ministers as in their pulpits vilify and asperse the authority and late proceedings of parliament, and to proceed against such ministers according to justice.
New stamp. Referred to the council of state to consider of a stamp for
Guinea. ^ gQ^ new}v brought from Guinea, and for the advantage of the state and encouragement of the merchants ;
IN THE YEAR MDCXLIX. 15
And to consider how the statutes against transportation of gold and silver may be strictly put in execution, and how the melting of coin here, and selling of silver for beyond seas, 396 may be prevented.
An act committed, for appointing of commissioners and treasurers for prize goods, and disposing of all prohibited commodities, for the advantage of the state, and for putting all statutes concerning the same into execution.
Referred to the council of state, a proposition of colonel Temple, to stop the transportation of bullion and all pro- hibited commodities.
Order, that the lords commissioners of the great seal be required to give in the names of such persons as they con- ceive will be fit for judges, to supply the places that are vacant.
16. Upon the death of sir Francis Pile, knight of the shire Earl of for Berks, a writ issued out for a new election, and the sheriff f*?0^*0*
knight of
returned the earl of Pembroke with all his titles, to be chosen the shire. knight of the shire for Berks, primes impressionis : the house approved of the election, and admitted the earl a member of the house of commons, and his lordship, attended by many eminent members, was received into the house with great respect.
Referred to a committee to examine and consider the impo- sitions laid upon corn and coals, and the engrossing of corn ; the earl of Pembroke named of this committee.
Oxford petition referred to the committee for regulating Petitions, the university of Oxford.
Order that none go beyond seas without license, and an engagement to act nothing against the commonwealth.
A petition from colonel Poyer for mercy.
A petition of ten thousand well-affected persons, of London, Lilburn. Westminster, South wark, and the hamlets, in the behalf of Lilburn, Walwyn, Prince, and Overton,
Complaining of the illegal proceedings against them, by power of soldiers, and undue examinations of them, &c. ; and prayeth their en- largement from prison, and that for the future no person may be cen- sured, condemned, or molested,, concerning life, limb, liberty, or estate, but for the breach of some law first made and published,, and that the trials of all such causes may be left to subordinate magistrates and ordinary proper courts of justice :
16 MEMORIALS OF THE ENGLISH AFFAIRS
That the execution of civil affairs may be wholly freed from the interposition of the sword ; and that martial law during the times of peace, when all courts are open, may not be exercised upon the persons of any, according to Magna Charta and the petition of right.
Nothing done upon these petitions.
Pool. The inhabitants of Pool subscribed an engagement to adhere
to and assist their governor by authority of the parliament or the general, and to discover all plots to the prejudice of the parliament.
Letters from Scotland, that they are raising forces to the number of fifteen thousand horse and foot.
Letters from Dublin, that the Scots in Ulster are again on foot with the covenant and a declaration against the army in England, which they call the sectarian army that murdered the king; that they have taken in some towns there.
That Dublin expected to be besieged by Ormond. Prince Ru- That eight of prince Rupert's ships went to Scilly, and he
with sixteen more went to block up the road of Dublin. Ireland. 17. Letters reported by the council of state that the Scots in Ulster had declared for king Charles II, had taken several places, and were set down before Londonderry :
That they demanded the delivery of the town for the use of the king, and the governor, sir Charles Coot, to depart the kingdom :
That Ormond with a party was (Some within thirty miles of Dublin. The house referred it back to the council of state to take speedy care hereof.
An act passed for the judges of the admiralty, and for judging of prizes at sea, and for encouragement of seamen.
An act passed for appointing the lord mayor Andrews, sir John Woolaston, alderman Dethick, and Mr. Allen, to be treasurers for the 90,000^. per mensem assessment. Tithes. Debates about taking away of tithes, and settling a suffi-
cient maintenance for the ministry another way, as, by an assessment of lid. per pound upon lands, by deans' and chapters' lands, impropriations, &c.
Order for io,ooo/. for Ireland out of the Welch com- positions.
London. Order to send to the city to summon all the companies to meet and consider their own interest about Londonderry,
IN THE YEAR MDCXLIX.
17
to hasten the advance of the moneys for Ireland, and about sending a message to the Scots, to withdraw their siege from Londonderry.
The council of state had intelligence of new Levellers at Levellers. St.Margaret's-hill, nearCobham in Surrey, and at St. George V hill, and that they digged the ground, and sowed it with roots and beans; one Everard, once of the army, and who terms himself a prophet, is the chief of them ; and they were about thirty men, and said that they should be shortly four thou- sand.
They invited all to come in and help them, and promised them meat, drink, and clothes ; they threaten to pull down park pales, and to lay all open ; and threaten the neighbours that they will shortly make them all come up to the hills and work.
The general sent two troops of horse to have an account of them.
18. Another petition on behalf of Lilburn, &c., to the like Lilbum. effect with the former, which had a quick answer from the house, and that the prisoners should be proceeded against according to laws in force before their crimes committed.
Debate upon the act for sale of deans' and chapters1 lands, and several votes passed for allowances to ministers and scholars out of the revenues of those lands to the value of above 20,000^. per annum.
And for the arrears of the soldiers to be charged upon the parks and lands belonging to the crown; and left to the lord general and council of the army to propound six persons, to be approved by the house, to join with others whom the house will name, as trustees for disposal of those parks and lands for that use ; and the attorney-general ordered to bring in a bill for this purpose.
Upon the petition of the lady Capel, referred to the com- LadyCapei. mittee of complaints to examine it, and in the mean time ordered that the sequestrators do forbear to cut down any more woods or timber upon the lady CapeFs lands.
Upon a charge in a petition against Mr. Edward Vaughan, a member of the house, he was ordered to attend and answer it.
Letters from sir Charles Coot, of his being straitly besieged Ireland.
WHITELOCK, VOL. III. C
18
MEMORIALS OF THE ENGLISH AFFAIRS
Poor debtors.
Levellers.
in Londonderry, and that without speedy relief he must be forced to surrender.
397 Ormond sent a second and more peremptory summons to colonel Jones at Dublin.
Letters from the Hague, that since the news of Cromwell's engaging for Ireland the prince hath no mind to go thither.
19. A solemn fast kept by the commons, the lord general, and officers of the army.
20. Several members of the house appointed to go to the ministers that preached yesterday, and to give them the thanks of the house.
Fast-days. Order for the third of May next to be a general fast-day ; and a committee appointed to bring in an act for dissolving the former ordinance for a monthly fast, and to enjoin the observance of such fast-days as from time to time shall be appointed by parliament.
An act recommitted for discharging poor prisoners who are no{. a^je ^Q ^^ their debts, and to compel such as are able to pay, and the committee to confer with the judges.
Everard and Winstanley, the chief of those that digged at St. George's-hill in Surrey, came to the general, and made a large declaration to justify their proceedings :
Everard said, he was of the race of the Jews ; that all the liber- ties of the people were lost by the coming in of William the Con- queror, and that ever since, the people of God had lived under ty- ranny and oppression worse than that of our forefathers under the Egyptians.
But now the time of the deliverance was at hand, and God would bring his people out of this slavery, and restore them to their free- dom, in enjoying the fruits and benefits of the earth.
And that there had lately appeared to him a vision, which bade him arise, and dig and plough the earth, and receive the fruits thereof; that their intent is, to restore the creation to its former condition.
That as God had promised to make the barren land fruitful, so now what they did was to renew the ancient community of enjoying the fruits of the earth, and to distribute the benefit thereof to the poor and needy, and to feed the hungry_and clothe the naked.
That they intend not to meddle with any man's property, nor to break down any pales or enclosures ; but only to meddle with what was common and untilled, and to make it fruitful for the use of man ; that the time will suddenly be, that all men shall willingly
IN THE YEAR MDCXLIX. 19
come in, and give up their lands and estates, and submit to this community.
And for those that will come in and work, they should have meat, drink, and clothes, which is all that is necessary to the life of man; and that for money, there was not any need of it, nor of clothes, more than to cover nakedness.
That they will not defend themselves by arms, but will submit unto authority, and wait till the promised opportunity be offered, which they conceive to be at hand. And that as their forefathers lived in tents, so it would be suitable to their condition now to live in the same : with more to the like effect.
While they were before the general, they stood with their hats on, and being demanded the reason thereof, they said, because he was but their fellow-creature; being asked the C meaning of that place, Give honour to whom honour is due, they said, their mouths should be stopped that gave them that offence.
I have set down this the more largely, because it was the beginning of the appearance of this opinion, and that we might the better understand and avoid these weak per- suasions.
The council of the army, after a solemn seeking of God by Lots for prayer, cast lots which regiments of the old army should go r< for Ireland: there were fourteen regiments of horse and fourteen of foot of the established army which came to the lot.
And it being resolved that four regiments of horse and four of foot should go upon the service, ten blanks and four papers with Ireland writ in them were put into a hat, and, being all shuffled together, were drawn out by a child, who gave to an officer of each regiment in the lot the lot of that regiment ; and being in this impartial and inoffensive way, no regiment could take exceptions at it.
The regiments whose lot it fell to go were, of horse, Ire- ton's, Scroope's, Horton's, and Lambert's ; of foot, Ewer's, Cook's, Hewson's, and Dean's. Several troops of dragoons, and all the officers whose regiments were to go, expressed much forwardness.
Letters from the Hague, that the Swedish ambassador King of there saluted the king of Scotland, and condoled the death cots' of his father ; and that he and the Danish ambassador in-
c 2
20 MEMORIALS OF THE ENGLISH AFFAIRS
vited the States to join with them in assisting the king of Scots to gain his birthright.
21. Moneys charged upon the excise ordered to be taken off from that receipt, and charged upon deans' and chapters' lands.
Speaker. Order, that the speaker be authorized from time to time to sign such letters as should be agreed on by the council of state to be sent to the States of the United Provinces. Laughern, The general sent an order for major-general Laughern, Po'er'cast c°l°nel Poyer, and colonel Powel, to draw lots which of them lots for life, should die, the other two to be spared their lives. In two of the lots was written, Life given by God; the third lot was a blank ; the prisoners were not willing to draw their own des- tiny, but a child drew the lots and gave them, and the lot fell to colonel Poyer to die.
We sat in chancery by seven o'clock in the morning, and heard many motions, because two of the motion days in this term were disappointed by the fast-days. After the motions we heard eleven causes ; then we rose.
23. An act recommitted for setting the poor people to work, and punishing vagrants.
The act for punishing criminal matters by the court of admiralty passed.
The act passed for repealing the former act for observation of a monthly fast, and requiring such to be kept as fast-days which should be appointed by special order of parliament.
License given for the French ambassador to transport eight horses and eight mares custom free.
The amendments passed to the act for sale of deans' and chapters' lands, and Rowland Wilson, esq. was voted one of the trustees. Du Moulin. Vote for i oo/. per annum for Monsieur du Moulin out of
the 2O,oooZ. per annum for augmentation to ministers. Petition Some hundreds of women attended the house with a peti- for Lilburn. tion on the behalf of Lilburn and the rest ; it was reproach- ful, and almost scolding, and much to the same effect with former petitions for them.
An act passed to authorize the court of admiralty to pro- ceed to sentence in divers causes, notwithstanding prohibi- tions to the contrary.
IN THE YEAR MDCXLIX. 21
Colonel Popham, one of the admirals, was out at sea with Navy. one squadron of ships ; colonel Blake and colonel Dean, the other two admirals, were with another squadron in the Downs.
A petition to the general and officers of the army for poor 398 prisoners for debt to be released.
A Flemish ship bound for Ireland was taken, with sixty field officers, and one hundred other officers, cavaliers.
Letters from Scotland, that the levies of soldiers there go Scotland. on apace ; that divers new insurrections were in that king- dom ; that their new king was unwilling to put away Mont- rose from him.
The council of state wrote to major-general Ashton to dis- band captain Bamber's troop by force, and to secure the of- ficers of it, because they had disobeyed the orders of the council, and taken free quarter.
24. Upon a petition from Kendal, referred to the council of state to consider of convoys for merchants' ships, and to send to Hamburgh and other parts for corn to be imported.
A petition from colonel Foyer's wife for sparing her hus- Petition, band's life laid aside.
The women were again at the house with a petition in the Lilburn. behalf of Lilburn and the rest, but could not get it received.
Orders for six commissioners of the customs, and about other officers of the customs.
The king put off his answer to the Scots commissioners The king with him at the Hague, telling them he was to receive the of Scots> sacrament, keep a day of humiliation, and entertain several foreign ambassadors, and until these things were over he desired to be excused.
The prince elector gave the king a visit, had a chair set for Prince him, was desired to put on his hat, and parted friendly from e ( the king; who sent the lord treasurer Cottington and the lord keeper, in his name, afterwards, to give the prince elector a visit.
25. Upon a letter from the earl of Northumberland, the King's house voted, that the lady Elizabeth, one of the late king's children- children, should not have leave to go beyond seas :
That the king's children should not be put under the tuition of any member of parliament :
That sir Edward Harrington should be intrusted with
22 MEMORIALS OF THE ENGLISH AFFAIRS
them; that 3000^. per annum be allowed to him for their maintenance.
The forms of the new coin were argeed on by the house to be thus :
New coin. On the one side to be the arms of England, and a laurel, and a palm on each side, with this inscription about it, The Commonwealth of England;
On the other side of the coin to be the arms of England and Ireland, with this inscription, God with us.
Order, that the attorney-general bring in indentures and an act for establishing this form of coin.
Women The women petitioners again attended at the door of the
iliburn f°r h°use f°r an answer to their petition concerning Lilburn and
the rest. The house sent them this answer by the sergeant :
Answer. That the matter they petitioned about was of an higher
concernment than they understood ; that the house gave an
answer to their husbands, and therefore desired them to go
home, and look after their own business, and meddle with
their housewifery.
Order for a bill to settle the 2o,ooo/. for augmentation to ministers, &c. Poyer. Colonel Poyer was shot to death in Covent-Grarden, and
died very penitently.
Actofobli- 26. Upon a report from the council of state, that they Vlon' thought, for settling the peace of the nation, that there should Vote. be an act of oblivion, the house ordered one to be drawn up, and voted,
That the time 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 moneys raised to be employed against the parliament, should have the sixth part of what they should discover, and the remainder to be em- ployed for the service of Ireland in this expedition. Henry Order, that the committee of the revenue do speedily pay
m* to colonel Henry Martin, a member of the house, 3000^., which sum he had formerly advanced for the service of this nation.
Order touching the arrears of the duchy of Lancaster. Referred in a special manner to the commissioners of the
IN THE YEAR MDCXLIX. 23
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 gentle- A project men a proposition made by them for the great advance of ^ ea learning and arts, and to treat with the gentlemen there- upon, 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 Speaker, tendered to him by the committee of the army.
Five troopers condemned to die by the council of war for Mutiny, a mutiny at the Bull in Bishopsgate- street, refusing to march upon their colonel's orders, and violently fetching away the colours from the cornet's 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 Surrey by the country people.
27. Debate of the act for sale of deans' and chapters' lands.
Order for the committee to meet touching colonel Pop- ham's arrears.
Sir Edward Harrington desired to be excused from taking King's the charge of the king's children. chudren-
Order for 13007. for Plymouth garrison.
Mr. Andrews readmitted 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 ad- minister 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 soldiers quartered, pretending for Ireland, show no commission, yet
24 MEMORIALS OF THE ENGLISH AFFAIRS
make assessments for 14$. a week for a horseman, 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 ge- neral, to reduce those in Lancashire.
An act passed for justices of peace for the county palatine of Lancashire as for other counties.
399 By order of the house, the speaker sent letters to the com- missioners in the several counties for the speedy collecting the assessment of 90,000^. per mensem for the forces in England and Ireland.
Some who counterfeited the pass of the council, and by pre- tence 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. Loc- Mr. Lockier, a trooper, who was shot to death by sentence
of the court martial, was buried in this manner : Funeral. About one thousand went before the corpse, and five or six in a file, the corpse was then brought, with six trumpets sounding a soldier's knell, then the trooper's horse came clothed all over in mourning, and led by a footman.
The corpse 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 churchyard 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. Ireland. Letters from Ireland, that colonel TothilTs regiment of one thousand two hundred and fifty was not landed, but beaten back by tempest to Anglesey :
That Londonderry could not hold out the siege; that colonel Monk stood off, and did nothing, being (as he said) not in capacity.
Famine. Letters from Newcastle, that many in Cumberland and Westmorland died in the highways for want of bread, and
IN THE YEAR MDCXLIX. 25
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 Cumber- land 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 Scots. there are among them five for the king for one against him ; that they are incensed at the death of the duke of Hamilton and marquis of Huntly, and expect an agreement with the king; that they take divers English cavaliers into the army.
May 1649.
1. Debate of an act to make many things treason in re- lation to the commonwealth ;
As, maliciously to affirm the present government to be tyrannical, Treasons, usurped, or unlawful; or that the commons in parliament are not the supreme authority ; or to endeavour to alter the government.
Or to affirm the parliament or council of state to be tyrannical or unlawful, or to endeavour to subvert them, or stir up sedition against them.
Or for soldiers to contrive the death of their general or lieutenant- general, or others to endeavour to raise moneys, or war against the parliament, or to join 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 republic.
Letters from admiral Popham from Falmouth, that he fought with a squadron of prince Rupert's ships, took the Guinea frigate, which had thirty-four guns, and two other vessels.
Letters from Ireland, that Dublin was in great danger, and that Ormond had totally routed two regiments of the parliament party.
Letters from Bristol, that the Levellers were very active in Levellers, those parts, and took much with the people.
Lilburn, Walwyn, Prince, and Overton published their Form of agreement of the people to this effect : men™"
i . The supreme authority of this nation to be a representative of four hundred.
26 MEMORIALS OF THE ENGLISH AFFAIRS
2. That two hundred be an house, and the major voice concluding to the nation.
3. All public officers to be capable of subjection, those of salary not to be members.
4. No members of one representative to be chosen of the next.
5. This parliament to end the first Wednesday in August, 1649.
6. If this omit to order it, that the people proceed to elections.
7. A new representative to be the next day after this is dissolved.
8. The next and future parliaments, each to stand for one whole year.
9. The power to be without consent of any.
i o. They not to make laws to compel in matters of religion, n. None to be compelled to fight by sea or land against his conscience.
12. None to be questioned concerning the wars, but in pursuance to authority.
13. All privileges of any person from courts of justice to be null.
14. Not to give judgment against any, where no law was pro- vided before.
15. Not to depend longer upon the uncertain inclination of par- liament.
1 6. None to be punished for refusing to answer against them- selves.
17. No appeal after six months after the end of representatives.
1 8. None to be exempted for beyond sea trade where others are free.
19. No excise or custom to be above four months after next par- liament.
20. Men's persons not to be imprisoned for debt, nor their estates free.
21. Men's lives not to be taken away but for murder, or the like.
22. Men upon trials for life, liberty, &c., to have witnesses heard.
23. Tithes not to continue longer than the next representative.
24. Every parish to choose their own minister, and to force none to pay.
25. Conviction for life, liberty, &c., to be by twelve neighbours sworn.
26. None to be exempted from offices for his religion only.
27. The people in all counties to choose all their public officers.
28. Future representatives to justify all debts, arrears, &c. 400 29- No forces to be raised but by the representatives in being.
30. This agreement not to be nulled, no estates levelled, nor all things common.
IN THE YEAR MDCXLIX, 27
Montrose was sent ambassador into Spain, to declare theAmbassa- king's sad condition, the executing of his father, and keeping or* him from his birthright : the like to be to France, Denmark, and Sweden.
2. Several petitions presented from London in behalf of Petitions. Lilburn and the rest ; from Essex, for the same ; from Cam- bridgeshire, about sea breaches ; from London, for payment
of public faith money; another, for relief of such as have been sentenced for adhering to the parliament ; another, in behalf of the commons of Lincolnshire.
Another petition from Suffolk to the like effect with for- mer petitions for taking away tithes, &c., and for liberty of conscience : the petitioners had thanks for their former good services and present civil petitioning.
3. The public fast-day.
One Elliot, a person towards the law, and others, engaged the soldiers in the execution of civil process : the general de- clared his dislike thereof in a letter to the lord chief justice, and prayed his care to punish it.
One Dod committed to the marshal, to be tried by a coun- cil of war, for pretending a commission from the officers of the army to collect arrears due for spiritual livings, and there- by got great sums into his hands.
Also two more for counterfeiting the general's hand and seal to protections, for which they received money.
4. Referred to a committee to regulate the university of Cambridge.
Upon a report from the council of state, ordered that the Guinea frigate lately taken be victualled, manned, and set out to sea.
Referred to the committee of the admiralty to consider of the articles given to the captain and seamen upon the taking of that frigate, and whether they may be proceeded against or not; and touching the Irish mariners, and the English that revolted.
Referred to the council of state to consider how the mariners and others, detained prisoners in Scilly and Jersey, may be re- lieved and discharged ; the like upon the petition of mariners' wives.
The committee ordered to consider of the indirect dealings
28 MEMORIALS OF THE ENGLISH AFFAIRS
in the sale of bishops' lands and removing obstructions therein.
An act for discharge of delinquents in Essex who have compounded.
An act passed for settling the rectory and glebe-lands of Burford upon a member.
5. Order for the Isle of Anglesey to have the like benefit for compounding as South Wales had.
Order for lieutenant-colonel Throckmorton to have a con- cealed estate, discovered by him, towards his arrears, he prov- ing it to belong to a delinquent.
The lord Howard chosen and admitted to be burgess for Carlisle.
Order for the speaker to give passes to those who by the articles of Pontefract were to go beyond sea.
Petition for payment of public faith money.
Order for the accounts of a member to be stated, and his arrears paid out of such concealed delinquents' estates as he should discover.
Referred to a committee to consider of the petitions and grievances of all who have not articles upon rendition of gar- risons performed to them.
Order for money for the forces in England and Ireland, and for the navy, to be issued out by warrants of the council of state.
Two troopers rid the wooden horse by sentence of the court marshal.
7, Order to discharge from sequestrations the lady Capel's jointure.
Orders for the arrears of colonel Rich.
Mr. Francis Pierepoint satisfied the committee, and was re- admitted to sit in the house.
Order that the speaker sign letters to foreign ministers, with a copy of the act for seizing all ships that have prince Charles's commission.
Order that the engagements for the navy may be doubled upon deans' and chapters1 lands.
Referred to a committee to consider how the town of Liver- pool may be relieved for losses.
Upon their petitions, orders for pardon and enlargement of the lord Goring, and colonel Owen, Laughern, and Powel.
IN THE YEAR MDCXLIX. 29
Letters from Berwick, that things in Scotland were bad, that the people increase in discontent and affection to the royal party.
The private soldiers of colonel Scroope's regiment of horse published their resolutions not to go for Ireland till the en- gagements of the parliament were performed here.
8. Voted not to continue the allowance of 1 2,ooo/. per an- num to the queen of Bohemia, and that the committee of the revenue make a list for the house of all pensions, and suspend the payment of them.
The question whether the council of state should pay 1500^. to the earl of Rutland, for demolishing Belvoir-castle, passed in the negative.
Order for the commissioners of the seal to send a writ to the lord mayor to cause to be proclaimed the act touching prize ships and goods.
Ireton's regiment were in disorder upon letters from colonel Scroope's regiment to join in their resolution not to go for Ireland, the like of colonel Reynolds' s regiment, and some other troops designed for Ireland, and they appointed a gene- ral rendezvous without their officers.
Letters from Dublin, that colonel Jones sent out a party under major Cadogow to surprise Tecroghan, which was hindered by the failure of Kildare men, but Cadogow fired above two hundred houses in the town, and a great number were killed and burnt, orders being to kill all but women and children : the rest fled into the castle.
Of Cadogow's men, not one officer killed, only three private soldiers killed and three hurt; and in his return, with two hundred foot and twenty horse, he fell upon a party of the rebels, with his twenty horse only, disordered them, killed fifty, and took thirty prisoners.
Some towns were delivered to the rebels by treachery, and sold for money by captain White and others.
That Ormond was advanced within twenty- seven miles of Dublin ; that by reason of the great spoil in the countries, corn was with them at 8/. ics. the barrel, and many died in the highways and streets for want of food.
9. An additional act passed concerning sequestrations in case of appeals.
30 MEMORIALS OF THE ENGLISH AFFAIRS
The business of the great level of the fens referred to a committee.
Order for payment of money into Weavers' -hall, for satis- faction of money lent upon the public faith. 401 Letters from the generals at sea of several ships taken by them.
Several paroles granted for exchange of prisoners in Scilly and Guernsey.
Letters from Edinburgh: that the committee of estates sent to their commissioners in Holland that they adhere to their instructions, particularly for removal of evil councillors from the king.
An order of the general for raising soldiers in Ireland, and for their march and civil carriage.
Dr. Doris- Letters from the Hague, that twelve English cavaliers in laua. disguise came into a room where Dr. Dorislaus, who was a
public minister there for the parliament, was with others at supper, that they murdered him by stabbing him in several places, and cut his throat, and one of them said, Thus dies one of the king's judges.
That the States declared that they would not assist either side in the difference between the prince of Wales and the present power in England.
Captain Cook with his troop forcibly disbanded captain Bamber's troop, and secured the officers ; the country beat out some other troops who refused to disband.
Letters from the Hague, that the king of Scots remon- strated to the Scots commissioners the reasons why he could not comply with their demands, being so very high.
10. Order for an account to be given to the house, why the act against kingship was not proclaimed in the city.
An act passed for altering the original seals of Denbigh and Montgomery shires.
An act passed for altering the Nisi-prius seal of the upper bench.
Order touching the mint-master.
Referred to a committee to consider of reforming the abuses in the Marshal's court.
Order for money for lieutenant-colonel Beecher.
IN THE YEAR MDCXLIX. 31
An act passed for altering the seal for the borough of Southwark.
Order for the moiety of discoveries of delinquents' estates in Dorsetshire by the Irish officers to go to them.
Captain Smith's troop in Oxfordshire met with other troops Levellers. of the Levellers at B anbury, and there posted up their decla- ration,
i. Against the present parliament and their proceedings.
a. Against the council of state.
3. Against the council of the army.
4. Against the proceedings of the late high court of justice. Captain Tomson was a principal ringleader of these men ;
he had been formerly condemned by a council of war, but by the mercy of the general was spared ; now he marched up and down about two hundred horse, and declared to join with those of colonel Scroope's, colonel Harrison's, and major- general Skippon's regiments in their declaration and resolu- tion.
He published a declaration of his own in print, entitled, England's standard advanced, or a declaration from Mr. Wil- liam Tomson, and the oppressed people of this nation now under his conduct in Oxfordshire, for a new parliament by the agree- ment of the people.
I stayed at home in the morning, and the two chief-jus- tices, the attorney-general and sergeant Thorp, came with my brother commissioner LTIsle to my chamber, and in my study we perused two bills, one concerning the settlement, and the other to declare what shall be treason.
11. The house declared that Tomson and all that adhered to him, or bear arms without authority of parliament, are rebels, and ordered a proclamation to this purpose through- out the nation, and a letter to the general to suppress them ; and directions to major-general Skippon to suppress all tu- mults and insurrections, and to preserve the peace of the city, and secure the parliament, as he shall receive orders from them or the council of state. And that the militias of West- minster, Southwark, and the Hamlets take course for se- curity of the suburbs from all tumults and insurrections.
Order that the postmaster taken by Tomson, and dis- charged upon his parole, should not render himself again to Tomson.
32 MEMORIALS OF THE ENGLISH AFFAIRS
1 Eeferred to the council of state to take order for security of the parliament and city, and that the soldiers of the army join with those of the city herein.
Debate of setting a period to this parliament, and for electing a new and equal representative, and ordered to be debated again in a grand committee.
An act committed declaring that the people of this nation are a free state and commonwealth.
Mr. Henry Darley readmitted to sit in the house, having satisfied the committee touching his absence.
Some of colonel Scroope's regiment came in to the gene- ral, and several other troops sent to him that they would assist him in reducing the revolters.
12. Voted that Lilburn, Walwyn, Prince, and Overton should be restrained as close prisoners apart, and severally, the one from the other, in several rooms, and not to resort and consult together, and that they should have no allowance from the state during their confinement.
An act passed for taking off free quarter.
Letters that colonel Reynolds commanded a party of about Levellers, sixty horse to fall into the Levellers' quarters at Banbury, who by some treachery in the town had notice thereof; they drew up into a body, but held up at a lane's end by lieu- tenant Parry and captain Owen.
They finding it difficult to force col. Reynolds' s men, cried a parley, which Parry and Owen, having no power to do, re- fused, but would forbear fighting till the colonel advanced, upon whose coming they were contented to submit.
Upon the delivery of his two colours he discharged the rest, dispersed them to their homes by passes, but secured two or three of the chief ringleaders, and such as were officers in commission in this business.
Tomson, the chief, fled, upon the approach of colonel Rey- nolds, unto Banbury ; they killed captain Parry, and Rey- nolds might have killed them all, but he forbore it. The general marched after the Levellers ; colonel Whaley's regi- ment declared to adhere to the general.
Act for 14. The act passed declaring what shall be treason against
treason. ^e state and present government, and ordered to be sent ^ into all the countries, and a copy of it to the general, to be read to the officers and soldiers of the army.
IN THE YEAR MDCXLIX. 33
An act passed for making Mr. Scobel clerk of the parlia- ment ; and referred to a committee to repair the losses of Mr. Browne, clerk of the parliament to the lords' house, and a person well-affected to the present government.
Orders for provisions for the admirals at sea, and concern- ing the customs.
Upon a report from the council of state of the examination Dr. Doris- of three of the servants of Dr. Dorislaus, concerning thelaus* murder of their master ; order for a declaration to be pub- lished in that business, and for tool, per annum to be given 402 to his son for life, and 500^. apiece to his daughters, and 250?. for his funeral.
Upon the petition of widows whose husbands were slain in the parliament's service, referred to a committee to consider of the state of hospitals, and how in them, or otherwise, pro- vision may be made for the wives and children of such, and for maimed soldiers.
Letters from the general's quarters that he was marching towards the mutinous troops, and sent a letter to them to Marlborough requiring their obedience, and to submit, or else tells them what they must expect.
They sent an answer with expressions of all respect to the general, acknowledged themselves his soldiers, but as to the journey to Ireland, they could not go with safe con- sciences, being contrary to their engagement at Triploe heath.
They desire, according thereunto, that a general council of the army may be called, consisting of two officers and two soldiers of every regiment, with the general officers, and in their judgments they will acquiesce.
Letters from Scotland, that those in Londonderry sallied out and gave a great defeat to the besiegers ; and that the com- mittee of estates in Scotland published a declaration against Middleton, Ogilvy, and the Gordons, as traitors.
15. Debate divers hours in a grand committee, and after- wards in the house, about putting a period to this parliament, and referred to a committee to consider of the settling the successions of future parliaments, and regulating their elec- tions, and to present heads to the house concerning the same.
Order that the lieutenant of the Tower take care that Lil-
WHITELOCK, VOL. III. D
34 MEMORIALS OF THE ENGLISH AFFAIRS
burn and the rest have necessary provisions for their subsist- ence.
Levellers Letters that the general marched after the mutineers, who routed. were twelve colours, and attempting to march over New- bridge towards Oxford, but were forced back by colonel Reynolds; then they went over at a ford, and marched to Burford.
That the general pursued them, and about twelve o'clock at night coming near the town, sent a forlorn under captain Okey, who drew up a party of dragoons, which met with the mutineers' scouts, drove them into the town, and so fell in with them, and the general's regiment of horse and other forces followed.
That the mutineers made some resistance by firing out at the windows, but the general's officers setting forth the mi- series they would bring themselves and the town into, they yielded upon quarter, which was given to them.
There were taken in the town near nine hundred horse and arms, and four hundred prisoners, and twelve colours, being almost their whole party, and not above forty that were in the town escaped.
Letters from the Hague, that the States caused earnest in- quisition to be made after those that murdered Dr. Dorislaus, and promised 1000 guilders to him that bringeth any of them, and published it death to any who should harbour any of the murderers.
That the Danish ambassador sits with the princess council ; the Swedes promise men enough, and Lorrain his assistance, but that money is wanting.
That colonel Bard, a baronet, was apprehended by order of laus. the States, and Montrose and the lord Hopton questioned for the murder of Dr. Dorislaus.
Orders touching the imposition upon Newcastle coals to take off as much as might be of it ; and about provisions for the garrisons of Newcastle, Tinmouth, and Berwick, and Carlisle.
Order for the commissioners of the seal to issue out a com- mission of oyer and terminer to try some moss troopers.
Referred to a committee to consider of bringing in fines and compositions, notwithstanding judgments and extents upon delinquents' estates.
IN THE YEAR MDCXLIX. 35
Order about collectors* accounts.
Upon a report from the council of state, that sir Robert Master of Harley, master of the mint, refused to stamp any coin with any other stamp than formerly, the house ordered that a trial of the pix should be made at sir Robert Harley's charge: they put him out of his place, and made Dr. Gordon, the phy- sician, master of the mint in his room.
The house approved sir Arthur Haslerigge's putting cap- tain Batten out from being governor of Holy Island.
Letters from the general to the house, of his taking and dispersing the mutineers : the house gave captain Bridges, who brought the letter, ioo/. to buy him horses.
Referred to the council of state to examine the correspond- ence between some in London and the mutineers.
Cornet Dean and Tomson, the chief of the mutineers, were by a council of war sentenced to die, and Dean was very penitent.
The general sent out his warrant to all justices of peace to apprehend any of the mutineers that should be found in those parts, that they might be brought to trial.
This was the saddest day of all the days of my life hither- to ; my brother William Willoughby brought me the direful news that my wife was dead. When we first met, it was upon terms of affection only, without consideration of portion or estate or settlement, or those common provisions or dis- creet care of friends : she was of a very honourable and an- cient family; her father, the lord Willoughby of Parham, whose ancestors were barons near four hundred years together, and matched into many great and noble families ; her mother was daughter to the earl of Rutland, lineally descended from a sister of king Edward IV, and so from king Edward III, and that great name and line of the Plantagenets.
17. Debate all day of the case of sir John Danvers and the lady Gargrave his sister, about the will of the earl of Danby their brother : the house declared the will to be void, and referred the matter to a committee.
A declaration of colonel Whaley and all his officers and soldiers, Declara- reciting the good intentions of the parliament for settling the peace of the nation, setting out a fleet to secure trade, and prevent inva- sions, providing for the pay of the army and their arrears, and taking off free quarter, and for the relief of Ireland ;
36 MEMORIALS OF THE ENGLISH AFFAIRS
Which are endeavoured to be obstructed by the designs of the common enemy, to the ruin of that nation, and dishonour of the army, and hazard of this commonwealth.
That divers have wickedly gone about to divide the army, to per- suade those soldiers to whose lot it is fallen to go for Ireland to re- fuse that service, and to seek by force to dissolve the parliament and conncil of state, and cast off the general.
They disclaim these traitorous plots and actions, and utterly abhor them, and resolve to continue their due obedience to the parliament, the general, lieutenant-general, and others in authority, and engage to stand and fall with them.
403 18. An act for establishing of courts in every county for the probate of wills, administrations, marriages, divorces, &c., was upon the question rejected, and referred to a committee to draw up another act for the same purpose, according to the sense of the house in this debate.
Debate touching the taking away of tithes.
Dr. Doris- The house declared their sense of the care of the States of Holland to find out the authors of the horrid murder of Dr. Dorislaus, and hoped that the States would be careful of the parliament's agent, Mr. Strickland, now there.
Instructions agreed for the master of the ceremonies, for a message to be delivered by him to the States' ambassador here.
The house declared, that the lives of those persons of the king's party who were excepted from pardon should answer for the life of Dr. Dorislaus.
The parliament's ships brought in provisions to Dublin.
The mutineers taken at Burford were by a council of war sentenced to die.
19. Divers delinquents complained of the greatness of their fines, and referred to the committee of Goldsmiths' -hall.
Divers of the mutineers at Burford were shot to death ; Tomson's brother was penitent ; others died desperately.
Upon the petition of them craving mercy, and acknow- ledging their fault, Cromwell brought them word from the general that only every tenth man should die.
Levellers. Their chief leader Tomson got possession of Northampton, and of the ordnance, ammunition, provisions, and money there, with two troops of horse, and some Levellers out of the country came in to him.
IN THE YEAR MDCXLIX. 37
These passages are the more particularly recited, to show how the parliament itself was persecuted by their own party, and those for whom they had undergone so great hazards; and to show how all those strugglings for power were but in order to persecute others.
21. Letters from the general, that Tomson being gone from Northampton to the town of Wellingborough, Mr. Butler was sent with a select party of horse to pursue him, who fell into his quarters and took his men, and Tomson himself escaped to a wood ; Butler pursued, beset the wood, and sent a party into it, where they found Tomson.
He was well mounted, and though alone, yet he desperately rode up to Butler's party, shot a cornet and wounded an- other, and then retreated to a bush, having received two shots himself.
When the party began again to draw near to him, he charged again with his pistol, and received another shot and retreated ; the third time he came up, and saying he scorned to take quarter, and then a corporal, with a carbine charged with seven bullets, gave him his death's wound; that the lieutenant of Oxfordshire troop was likewise slain.
Order for the commissioners of the seal to issue out com- missioners of oyer and terminer to fit persons in Oxfordshire and Northamptonshire for trial of the persons taken in the late rebellion.
Order, that the council of state, the lord mayor, and the justices of peace, and officers of the militia in London and Westminster, do take care for apprehending such as were in the late rebellion, and that the attorney- general prepare a proclamation for the apprehending of them in the several counties.
The pension of 500^. per annum to the earl of Nottingham ordered to be continued, and by the means of sir Arthur Haselrigge and myself, the countess's wife had the other 500?. per annum ordered for her.
An act passed for draining the great level of the fens. A salary of 4OO/. per annum to Dr. Gordon as master of the mint.
A declaration published of the parliament's ill resentment of the horrid murder perpetrated on the body of Isaac Doris- laus, doctor of the laws, their resident at the Hague.
38 MEMORIALS OF THE ENGLISH AFFAIRS
wealth™1" ~^n ac* Pubnsned, declaring and constituting the people of England to be a commonwealth and free state.
Letters from Scotland that lieutenant-general David Lesley defeated those in the north of Scotland ; for which a day of thanksgiving was appointed, and for the general deliverances and successes expressed in a declaration.
That a plot of a new rebellion, and to kill the marquis of Argyle and the lord Burleigh in St. Johnston, was discovered by one of their own party, and divers of the conspirators taken and executed.
Letters from Portsmouth that the Levellers began to ap- pear in those parts and in Devonshire, but the army soldiers, whom they expected to join with them, were readier to fight against them.
22. Order for a letter to be sent from this parliament to the parliament of Scotland, for a right understanding and firm league and amity between the two nations, and that commissioners of both parts may meet and treat for that purpose.
Referred to the committee of the army to prepare copies of the act touching free quarter, to be sent to every regiment of the army, with a letter to the general to cause it to be observed.
Order for the committee of Haberdashers'-hall to have power to give oaths to witnesses, and for an act to empower all committees to do the like.
Licensing Upon Mr. Mabbol's desire, and reasons against licensing books. of boo^g to be printed, he was discharged of that employ-
m ent.
Oxford. The general and lieutenant-general, and other officers of
the army, were solemnly welcomed and highly feasted at Oxford, and the proctor Zanchey presented the general and lieutenant-general doctors of law ; and other officers mas- ters of arts, and divers learned and congratulatory speeches were made to them by the vice-chancellor, the proctors, and other heads and officers of the university.
23. Several votes of the committee at Goldsmiths'-hall, touching delinquents and their compositions, confirmed by the house, and ordered to be printed.
Upon a letter from the general for a lecture to be set up in Oxford, and for Dr. Reynolds, Mr. Caryl, and Mr. Thomas
IN THE YEAR MDCXLIX. 39
Goodwin to be lecturers there, referred to the committee of Oxford to have it done.
Visitors added for the university of Oxford.
Upon a report from the council of state, referred to them to take care for repairing the castles of Sandown, Deal, and Wymere.
Some mariners that revolted, and since were taken by the parliament's ships, were tried by a council of sea-officers, and executed.
Letters from the Hague of great preparations for the new 404 king of Scotland to go to sea, that Montrose is to go for Scotland, and to have such forces as Germany, Sweden, and Denmark afford.
24. Upon the desire of the towns of Sarum, Pool, and the county of Devon, who had advanced considerable sums for the parliament ; order that they might double those sums in the purchase of deans' and chapters' lands.
Order for the duke of Gloucester and the lady Elizabeth, Duke of the late king's children, to be under the tuition of the coun- tess of Carlisle, and 3000^. per annum allowed for their main- tenance.
Order for repayment of money lent by the city for carry- ing on the treaty.
Order for threepence per pound salary for the trustees for sale of bishops' lands.
Order that the speaker writing to foreign states should style himself, William Lenthal, speaker of the parliament of England.
A committee named to peruse the orders of the house after they should be drawn up, and to see that they should be rightly entered.
A provost marshal appointed with power to seize upon malignants and disaffected persons.
26. The act touching debts debated and recommitted.
Order for money for poor widows, and wives of soldiers.
Report by lieutenant-general Cromwell of the suppressing of the Levellers : the house gave him their hearty thanks for that great service, and ordered one of their members to at- tend the general with the hearty thanks of the house for his great service in that business ; and ordered a general day of thanksgiving for that great mercy.
40 MEMORIALS OF THE ENGLISH AFFAIRS
28. An act passed for auditing the accounts of the soldiery, and securing of their arrears, particular care being had of those who shall go for Ireland.
The act for giving power to all committees to give oaths, reported from the committee, and upon the question rejected ; and an act for continuance of the making of saltpetre, as formerly, was rejected.
Referred to a committee to consider how deeds remaining with the records of the court of wards may be delivered out to the owners.
Referred to a committee to consider what powers are fit to be continued to the committee of Haberdashers'-hall, and to examine their accounts.
Orders touching sequestrations, and compositions of delin- quents.
The parliament's ships took five officers going for Ireland in a ship of the States, and sent them up prisoners.
Letters from Lancashire of great scarcity of corn, and that the famine was sore among them, after which the plague overspread itself in many parts of the country, taking away whole families together, and few escaped where any house was visited, and that the Levellers got into arms, but were suppressed speedily by the governor.
29. The act passed for draining the great level of the fens. Another passed for the 2o,ooo/. per annum for maintenance
of ministers and scholars, &c.
Upon a report by lieutenant-general Cromwell of the readiness of the soldiers to go for Ireland, if money were pro- vided for them, several orders were made for that purpose.
The petitions of sir Peter Temple and his wife, and of his creditors, referred to a committee.
Letters from Chester of relief of Dublin with provisions from England.
Letters from the Hague, that the prince could not obtain from the States such an assistance of shipping as he desired.
The governor of Jersey invited the prince thither, and put out of the island all whom he suspected to be well-affected to the parliament.
The parliament's ships took two ships and thirty pieces of ordnance going for Ireland to the rebels, and many English officers : some of them, suspected to have had a hand in the
IN THE YEAR MDCXLIX. 41
murder of Dr. Dorislaus, were sent prisoners to Pendennis- castle.
30. Referred to a committee to state the business of the Isle of Anglesey in relation to their compositions, and sir Hugh Owen's sequestrations discharged upon the articles of Anglesey.
Referred to the committee of the navy to examine the accounts and business of captain Dick and captain Coning- ham, in relation to Ireland, and to bring in an act for set- tlement thereof; the like for the business of my lord Forbes, and concerning the original contract with the adventurers for Ireland.
Debate touching the arrears of the Dutch officers.
Referred to the two chief justices and chief baron to pre- pare an act for settling the business between the miners in Derbyshire and the earl of Rutland.
Letters from Ireland, that the little quantity of corn lately brought in thither hath much refreshed and encouraged the inhabitants and soldiers, and that the parliament's ships have cleared that coast ; that the rebels are in much division among themselves.
The act for abolishing kingly government, and establishing a free state, was solemnly proclaimed in London by the lord mayor and twelve aldermen present with him.
Letters of the general's going to the Isle of Wight to view Sir Tho. it and the castles there, and his entertainment with the great Fairfax- guns and feasting, and of his coming from thence to South- ampton, where he was saluted with great guns round the town, and great feasting.
That from thence he went to Portsmouth upon the same business, to view the fortifications ; from thence he came to Guilford : the mayor and officers there showed him all respect, and near the town he had a rendezvous of the army.
He spake to the several regiments, exhorting them to obe- dience, and showing them the danger that the late mutineers might have brought the whole nation into, if God had not prevented it.
31. A committee from the common-council of London London in- brought a message to the house, to desire them, on the day of ^j^^ thanksgiving for suppressing the Levellers, to dine with the to dinner.
42 MEMORIALS OF THE ENGLISH AFFAIRS
lord mayor, aldermen, and common-council at Grocers'-hall, and that they might have the favour to solemnize that day with the house at such a church as they should be pleased to nominate.
Voted that Christ-Church should be the place of meeting for the parliament and city to solemnize that day, and that the house did accept of the invitation from the city, and ordered the hearty thanks of the house to be given them for 405 their constant and great affections to the parliament and nation.
The committee of common-council then invited the gene- ral and officers of the army to the same feast, which was well accepted of by them, and thanks returned to the city.
Report of proclaiming the Act against kingship in the city, and that alderman Chambers and sir Thomas Soames would not accompany the lord mayor therein ; for which contempt they were ordered to appear at the bar of the house.
Order for the accounts of Mr. Rowland Wilson, as muster- master-general of the forces of Warwick and Coventry, to be stated.
Referred to the committee of absent members to consider > what members have not appeared in the house since Jan. 1 1 last, and what members are fit to be admitted, and what ex- pelled.
Order to get in 6ooo£, in the hands of Mr. Gell, a member of the house, receiver for Derbyshire, unaccounted for.
Declara- A representation of the officers and soldiers of lieutenant-general tion. Cromwell's regiment to the general, reciting the great successes God
had given to the army under his condnct, and the late horrid and unnatural defection of some of them from the parliament and general his authority. That from their hearts they disown the having any hand in countenancing the revolt and capitulation of the twelve troops of the army, or any others, or the papers which have scandalized the parliament, council of state, or army, and bless God for the general's reducing of them.
They profess to hazard their lives and all that is dear to them, for preservation of this parliament, and, while they are soldiers, to submit to the general his authority over them under the parliament.
A declaration came from Portsmouth in vindication of them- selves and others touching the Levellers.
IN THE YEAR MDCXLIX. 43
June 1649.
1. Upon a report from the commissioners of the great seal, Judges, of the names of fit persons to be judges and barons of the exchequer, the house voted,
That sergeant Nicholas and Mr. Ask be judges of the upper bench :
That sergeant Puleston and Peter Warburton, esq., be judges of the common-pleas :
That sergeant Thorp and colonel Rigby be barons of the exchequer :
And that the commissioners of the seal do grant them patents accordingly.
That Mr. Broughton be clerk of the crown of the upper bench, in the place of Mr. Ask, he being made a judge.
An act passed declaring the grounds of the next thanks- giving day.
Upon the general's desire, the house confirmed what colonel Pine had done in Somersetshire, in raising force there against the Levellers ; by letters from the general, he and sir T. Wroth had the thanks of the house for what they did.
Sir Thomas Soames being called to the bar, and asked why, Sir Tho. having notice of the proclaiming the act against kingship, he Soames- did not attend the lord mayor at the doing of it ;
He answered, that it was against several oaths which he had taken as an alderman of London, and against his judg- ment and conscience.
Alderman Chambers being asked the same question, an- Alderman ' swered, that his heart did not go along in that business. Chambers.
Sir Thomas was disabled from being a member of the house, and disfranchised from being an alderman, or to bear any public office. And alderman Chambers was disabled from being an alderman, or to bear any public office.
I received this letter from the earl of Pembroke:
To the right honourable my much honoured friend Bulstrode Whit- locke, esq., one of the lords commissioners of the great seal, and lieutenant of Windsor forest.
SIR,
SINCE you have favoured me so much as to accept of the lieute- nancy of Windsor forest, I pray continue your respects to me so far forth as to admit of my present importunity, that you will please to
44 MEMORIALS OF THE ENGLISH AFFAIRS
consider of my lady Mainwaring's pretence to Sayo's walk, or any other part thereof in the said forest, derived, as she saith, from the right of a grant for a term of years which her late husband sir Arthur Mainwaring had in his lifetime from king James, or king Charles, I cannot punctually say which ; for as I would not willingly oppose any just title that she hath thereunto, so, on the other side, I shall not easily disappoint my worthy friend Mr. Francis Allen, a member of parliament, of the custody, on whom I have conferred it, so far forth as in me lies. In order hereunto, I will take course that you shall be attended by some such person as her ladyship shall appoint, to evidence the justness of her claim, which when you have consi- dered of, you may please to let me understand your opinion therein, that I may fix my resolution in the settlement thereof accordingly ; for which trouble I do the rather crave your pardon and excuse, be- cause I shall never account it any to do you all serviceable respects that possibly may fall within the best performances of him who is so perfectly,
Sir,
Your faithful friend and servant,
2. An act passed for sale of the goods of the late king, queen, and prince ; but the sale of the pictures was respited.
An act passed for doubling upon the public faith, upon the sale of deans1 and chapters'* lands.
Orders for the commissioners of the seal to issue out writs to make Mr. Warburton, colonel Rigby, and Mr. Ask ser- geants at law, they being to be made judges.
Order for the council of state to bestow a house and main- tenance for Mrs. Elkinea and her children.
4. Upon a report from the committee of absent members, colonel Russel, Mr. Edwards, Mr. Fr. Gordon, Mr. Hodges, and Mr. Ellis were readmitted to sit in the house.
Petitions of many poor prisoners for debt, that the act may be passed for their relief.
An act published of the grounds of the next day of public thanksgiving.
A declaration of the officers and soldiers of colonel Hor- ton's regiment, testifying their adherence to the parliament and to the general, presented to his excellency.
The like from major-general Skippon's regiment, and from the town of Portsmouth.
IN THE YEAR MDCXLIX. 45
Letters from Scotland, that a declaration was brought from 406 Ireland thither against the parliament of England ; that at their thanksgiving the ministers vehemently preached against the malignants and sectaries.
Letters from Chester, that Dublin is in a good condition ; that one of the soldiers, by sentence of the council of war, was shot to death for moving one of his fellows to run away to the enemy; and that prince Rupert and Inchequin are at great difference, and so are Owen Howe and Ormond.
Letters from Holland, that the Danish ambassador desired to borrow of the States a great sum of money for the king of Scotland, and offered the Sundt security for it :
That at the diet at Sweden itw as resolved to assist the king of Scotland with money :
That the lord Cottington and sir Edward Hyde, ambassa- dors from the king of Scotland, desired audience of his high- ness Leopoldus, and from thence were to go for Spain.
5. Colonel Popham, one of the generals at sea, reported to the house the good service of the fleet ; the relief of Dublin with provisions ; that sir George Ascue is left there with some ships ; that fifteen of prince Rupert's ships are blocked up in Khigsale ; and desired speedy supplies for the navy.
The house ordered supplies accordingly, and thanks to the generals at sea, and to colonel Jones, and that these suc- cesses at sea should be remembered in the day of thanks- giving.
The council of state gave order for Flemish ships to trans- port the horse into Ireland, and for the regiments to march to Chester and other ports, and not to stay above one night in a place.
Letters from sir George Askue, that he had furnished Dublin with provisions, and sent others to sir Charles Coote, and had blocked prince Rupert's ships at Kingsale.
Letters that the lord Rea and twenty other prisoners were brought to Edinburgh.
6. A new mace, with the arms of England and Ireland, in- New mace, stead of the king's arms, approved, and delivered to sergeant Birkhead to be used for the house, and all other maces for the commonwealth to be of that form.
Vote for 3000/. to be given to Mr. Blackston's wife and
46 MEMORIALS OF THE ENGLISH AFFAIRS
children, in respect of his losses, and 500^. to his brother, out of the lord of Newcastle's and lord Widdrington's estates.
Order for captain Bishop, provost-martial, to apprehend suspected persons, and to have JOG/, per annum salary, and twelve men at is. per diem apiece.
Order for loooZ. for a stock to settle poor people to work. Speaker* Upon a report from the council of state, ordered, that when the speaker with the house came into the city the lord mayor should deliver up to him the sword, as he used to do to the king, and that at the feast the speaker should sit above the lord mayor, and referred it to the council of state to order matters of ceremony at the meeting.
Letters that the queen of Sweden had furnished the king of Scots with great store of ammunition.
A declaration of the officers and soldiers of colonel Rey- nolds's regiment, to the same effect with those of other regir ments.
Parliament 7. The speaker with the house of commons, the general with the officers of the army, the lord president and council of state, after the hearing of two sermons, went to Grocers'- hall, to dine with the lord mayor, aldermen, and common- council, according to their invitation.
The speaker sat first, next to him the lord mayor, then the lord general, then the earl of Pembroke called to me to sit down, being the ancient commissioner of the great seal; I desired his lordship would be pleased first to sit down, and then I would sit by him. With that the earl spake aloud, (as he used to do,) that all near him might hear, " What, do you think that I will sit down before you? I have given place heretofore to bishop Williams, to my lord Coventry, and my lord Littleton ;
" And you have the same place that they had; and as mflch honour belongs to the place under a commonwealth as under a king, and you are a gentleman as well born and bred as any of them ; therefore I will not sit down before you."
With his earnestness he caused me to sit down before him, and sat himself the next to me ; and then the lord president of the council, and the two other commissioners of the great seal, (the earl of Salisbury and the lord Howard,) sat next to the earl of Pembroke; and after the commissioners of the seal
IN THE YEAR MDCXLIX. 47
sat lieutenant-general Cromwell, and other members of par- liament and of the council of state.
At two tables on each side of the hall sat other members, and at a table in the middle of the hall sat major-general Lambert, and other officers of the army ; the judges sat in a room over the parlour, which was very large, and the lord mayor, aldermen, and some common-councilmen at another table in the same room.
The music was only drums and trumpets; the feast was very sumptuous, no healths drunk, nor any incivility passed ; and besides the overplus of the victuals left at dinner, 400^. was given to the poor of London.
8. An act passed for settling maintenance upon the ministry of the nation.
Report touching relief for maimed soldiers' widows and orphans of soldiers slain.
Referred to the committee of Oxford to prefer Mr. Thomas Goodwin-and Mr. Owen to be heads of colleges in that uni- versity, and that they have the hearty thanks of the house for their sermons yesterday.
Some members of the house and of the city ordered to re- turn the hearty thanks of the house to the lord mayor, alder- men, and common-council, for their great love and civilities yesterday expressed to the parliament and army.
Referred to a committee to consider what mark of honour and favour the parliament should bestow upon the city for their real affection to the parliament.
Some aldermen and common-councilmen, in the name of the lord mayor, aldermen, and common-council, presented the lord general with a large and weighty bason and ewer of beaten gold, as a testimony of the affections of the city to his excellence.
They also presented from the city to the lieutenant-gene- ral Cromwell plate to the value of 300^. and two hundred pieces in gold.
9. A long debate touching absent members : voted, that Vote, those who gave their votes for addresses to be made to the late king should state their cases in writing by a day to the committee for absent members, which if they neglect to do, then writs to be issued out for new elections in the places of those who shall so neglect.
48
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Scotland.
407 11. Debate touching the earl of Chesterfield's composition.
Letters from the countess of Leicester and the earl of Northumberland, for allowance for the late king's children, referred to the committee of the revenue to provide moneys for them.
Order for demolishing Montgomery-castle, and allowance to the lord Herbert for his damage thereby, out of his fine.
Order for demolishing Winchester-castle, and reparation for the damage thereby to sir William Waller. The like for Belvoir-castle, and for reparation of the damage thereby to the earl of Rutland, referred all to the council of state.
The act passed for relieving persons comprised in articles.
Another, for altering the original seals of Carmarthen, Pembroke, and Cardigan.
Another, for altering the seal ofNisi-prius of the common- pleas.
Dorislaus. Order that the members of the house, and of the council of state, the lords commissioners of the great seal, and judges, do attend the funeral of Dr. Dorislaus.
Letters that the parliament of Scotland took many excep- tions to the letter sent to them from the parliament of Eng- land. That they go on in raising forces, but the quelling of the Levellers in England did not please them. But they bewail the suffering condition of their presbyterian brethren in England.
That in Scotland are many English officers and soldiers, who expect employment when their new king cometh, and are out of patience and money by his long stay ; that the Scots fear a famine, and execute very many for witches.
12. Order for six thousand men for the summer guard, to be proportioned to the ships, and three thousand for the winter guard.
Referred to the committee of the army to confer with the council of state touching the number of forces to be kept up, and the pay of them.
Referred to a committee to prepare an act upon sir Henry Vane's report touching the excise.
The new judges were sworn in the several courts ; and it came to my turn to make the speech to those who were sworn judges of the common-pleas, who were Mr. Sergeant Peuleston and Mr. Sergeant Warburton.
IN THE YEAR MDCXLIX. 49
Wherein (amongst other matters) I told them of their being the first judges publicly sworn in this commonwealth, and spake to them concerning judges in general, judges of this common- wealth, and judges of this court. On the second head I told them, that the judges in this commonwealth are of as great anti- quity as is the law itself. That the Druids were judges or inter- preters of the law amongst the Britons. And as they studied the law twenty years, yet committed nothing to writing ; so our judges spend as much longer time in the same study, and our common law is lex non scripta at this day.
I also intimated to them what I found in Ingulphus, p. 870, and in Selden's Janus Anglorum, of the division made by king Alphred, or Allured, in judices ,quos nunc justitiarios vocamus, et vicecomites. And in the same author, that when Will. I. upon the suit of the abbot of Crowland confirmed the laws of St. Edward, he proclaimed them to be kept, et justiciariis suis commendabat. And then he thus proceeds :
All these are testimonies of the antiquity of our judges, but I hold not this essential to be largely considered, save as it falls in our way. Neither shall I rob you of your time by an elaborate discourse of the honour and respect due to your place, only you may pardon a few observations thereupon, and the rather, for the particular relation I have to that calling. What respect the Saxons had to their judges appears in the etymology of their word grave, which signifieth a judge, and an earl, sir John Dauys Rep.
As in the old law of the Ripuarians, c. 55. act. ist, the title being Si quis crassionem interfecerit ; the text is, Si quis judicem Jiscalem, quern comitem vacant, interfecerit, Seld.Tit. Hon. f. 121, 127. and Haillan. f. 274.
But to come nearer home, we find in the law of Hen. i. this de- scription of a judge, Regis judices sunt bar ones comitatus, qui liber as in eis terras habent, villani vero, corsetti, velferdingi, vel qui sunt viles, aut inopes persona, non sunt inter judices numerandi.
Whence appears the reason of the judges of the exchequer being called barons, Seld. Tit. Hon. £347, and 390. Lambert. f.i86. iHen. 6. f. 7.
Agreeable with this is the testimony of Bracton, who saith thus : Comites vero vel barones non sunt amerciandi, nisi per pares suos, et hoc per barones scaccarii, vel coram ipso rege.
Upon which, and the case of the earl of Northumberland under Hen. VI, Selden observes that all judges were held anciently as barons.
WHITELOCK, VOL. III. E
50 MEMORIALS OF THE ENGLISH AFFAIRS
And the writ by which they were summoned to parliament is in the same style, and hath in it the same words with the writs of summons of barons, consilium vestrum impensuri, those of the commons being ad faciendum, et consentiendum hiis, quce de communi consilio ordinari contigerint.
And in some entries of judgments upon writs of error in parliament the words are ex assensu justitiariorum, and the title of lord was given anciently to all the judges, as appears in divers of our books and records, and is still given to the judges of assize.
They have their officers, and their purveyance, as the barons had, until taken away by the statute from both Rot. Parl. loE. 2. pt. 2. M. 20. and 2 E. 3. pt. i. M. 33. and Rot. Glaus, u. E. i. and this was taken away by the statute 4 E. 3 . c. 3 .
There be divers cases and records of punishments inflicted on those who gave any affronts to judges, and especially that noted case of Roger Hengham, M. 33 and 34. E. i. Rot. 71. in the receipt of the exchequer.
So tender hath the state always been of the honour of their great public officers; and as the state is, so the judges themselves ought to be very tender of that honour with which they are intrusted, which is not so much theirs as the nation's honour, and the honour of the law itself.
They are neither to lessen their honour by a carriage too lofty, for most honour is gained by courtesy and humility ; nor to lessen their honour by a port too low and unbeseeming their quality. But this point needs no consideration in this place.
I hasten to my last particular, which is concerning judges of this court. A high and ancient court, high in respect of the universality and business of it ; the liberties, franchises, and property of all the people of this great nation are determinable in it.
And concerning the antiquity of the court, give me leave upon this occasion, and for the right and honour of this court, a little to look into an opinion delivered by great and learned men upon that point.
408 Not that T presume upon my slender judgment to control theirs, but to lay before you their assertion, and what authorities I have met with in my little reading to the contrary, that yourselves, by comparing both together, may the better judge of the difference.
Lambert, Cowel, sergeant Fleetwood, sir Thomas Smith, and a manuscript concerning masters of the chancery, all of them do affirm, that the court of common-pleas was erected by the statute of Magna Chart a, cap. n.
The words are communia placita non sequantur curiam nostrum, sed
IN THE YEAR MDCXLIX. 51
sint in loco certo ; from hence they collect that common-pleas, which before were held in other courts, and followed the king's house, were not settled in a place certain, nor the court of common-pleas erected till this time.
Of these authors sir Roger Owen in his manuscript saith, they are like unto ostriches, birds of great feathers, yet little flight : I cannot subscribe to their opinion upon these grounds.
Beda, f. 10, relates, that the prime monarch, with the consent of the states of parliament, allotted pleas of the crown to one court, common suits of subjects to another, and matters of revenue to a third ; and this was long before Magna Charta.
They mistake the words curiam nostram in this place of Magna Charta to signify the king's house, which had not then that appella- tion ; but the word curia had another signification.
Among the Romans, whose word it is, curia sometimes was taken for the 3oth part of the people, into which Romulus divided them ; but more frequently it signified with them an assembly of clergymen and lawyers, as curia Hostilia, Pompeia, Julia, &c.
St. Augustine, in his comment upon the i2ist Psalm, saith, that curia improperly is taken for a tribe, but properly signifies the courts of justice in cities and countries.
In the same sense the word is taken with us, and was so before any application of it to the king's house, as is plain in the Mirror of Justices. Glanvil, the stat. of Malbridge, 51 Hen. 3. the stat. W. i. 13 Eliz. i. and Will. 2. 13 Eliz. i. and others, and in Walsingham, Ingulphus, Hoveden, Paris, and all our chief historians.
In Hen. 3d's time, and after, hospitium regis was generally the word for the king's house ; as mareschallus hospitii, in their letters patents ; and Britton calls it hostel du roy.
That ground then will fail them, that by the word curia in Magna Charta is meant the king's house, but, as sir Roger Owen and others conjecture, by it is meant the courts of chancery, king's bench, and exchequer.
The case 2 1 Ed. 3 . Fitz. Bre. comes to this : where a writ de ratio- nabili parte bonorum was brought in the king's bench, the defendant pleaded this part of Magna Charta, communia placita non sequantur curiam nostram ; and though he had been at issue, yet the plaintiff would not proceed.
And in 26 Ed. i. in the treasury, one Nicholas de Scotland brought an assize for land, which was reversed for error in the king's bench, where the judges willed Nicholas to arraign a new assize in the com- mon-pleas, because by the words of Magna Charta, common-pleas
E 2
52 MEMORIALS OF THE ENGLISH AFFAIRS
ought not to follow bancum regis, and there are no other words (cu- riam nostram) in Magna Charta but these.
In the statute articuli super chartas, it is said, no common-pleas shall hereafter be held in the cheq. against the tenour of the great charter, and there be no words restraining suits of common-pleas by the great charter but these.
To make it more plain, it is agreed by Hovederi, Paris, and others, and I think not to be denied, that Magna Charta were the laws of Edward the Confessor: and in that case, 21 Ed. 3, the defendant pleaded this part of it, not as an act of parliament, but as a common consent and custom.
To this purpose, that is pertinent 26Assis. p. 24. where the abbot of B. prescribes to have cognizance of pleas, and to have an original out of court, by usage in the time of St. Edmund and St. Edward kings. And that Hen. i. by his charter confirmed all the usages, and that they should have cognizance of all manner of pleas; so that the justices of the one bench or the other should not intermeddle : upon which my lord Coke, Lit. 7 1 B, collects, that then there was this court and these judges.
In the treasury of the chequer are many records of pleas of king Hen. 2. Ric. i . and king John, dated in the court of common-pleas.
In an ancient roll there is contained the suit between the abbot of Anjou and the abbot of Crowland about the meers of a marsh, in the court of common-pleas in Ric. i. and king John's time, and the names of the justices set down in the roll thus, Justitiarii in banco residen- tes, and the chancellor writes to them by that name.
Glanvil, in his second book, writes of them which would not wage battle, but have their matters tried by a jury, fol. 14. that they were to be tried coram justitiariis in banco residentibus.
In Glanvil's 4th book, it is said, that Quare impedits are returnable coram justitiariis apud Westmonasterium ; which they are to this day.
In his eighth book he writes, though fines were levied in many other courts, yet still they were engrossed coram justitiariis in banco residentibus ; and so they are to this day.
An act passed for Mr. Broughton to be coroner of the upper bench.
Dr. Walker is made one of the judges of the admiralty.
A petition of Mr. Gething for money, and a demand of money by the lord Grey of Wark_, referred to the committee to remove obstructions in the sale of deans' and chapters' lands.
IN THE YEAR MDCXLIX. 53
An act passed to encourage the manufacture of salt.
Order of the council for demolishing of Lancaster-castle.
Letters from the parliament's navy, that divers of prince Rupert's seamen came in to them ; that the prince had very few men, and most of them such as had been taken pri- soners by him.
Letters from Chester, that the Irish rebels came near to Dublin, and many of the parliament's forces ran to them ; that wheat in Dublin was at 555. the barrel.
From Ireland, that Ormond was come with twelve thou- sand foot and two thousand four hundred horse within twenty-five miles of Dublin, where he had besieged some places ; that colonel Jones went out with a party to relieve them ; that the catholics and old protestants went daily in to Ormond.
13. Referred to a committee to consider of some things offered in behalf of the people of New-England.
Raising money for lame soldiers referred to the committee of hospitals.
Order for the commissioners of the seal to pass several pardons, upon certificates of the judges, for persons con- demned in the circuits.
Order that the earl and countess of Leicester take care that no other ceremony be used to the late king's children, than 409 is used to noblemen's children of this nation.
A declaration of the officers and soldiers at Lancaster, to the same effect with those from other regiments, was pre- sented to the general.
The mayor and divers citizens of Oxford presented me with a patent to be high steward of that city, to which I was unanimously chosen by them in the place of the earl of Berks.
Upon lieutenant-general Cromwell'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 ques- tion, that sir John Danvers was deprived of that estate by the will of the earl, for his affection and adhering to the par-
54 MEMORIALS OF THE ENGLISH AFFAIRS
liament; and referred to a committee to consider how sir John's 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 forty troops of horse to Breda, and from thence to Antwerp, and so to Brussels, where the arch- duke Leopold intends to receive and conduct him into France.
15. Moneys ordered for the lord L'Isle, upon his accounts, as lord lieutenant of Ireland.
Referred to the council 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 northern 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 North Wales.
Order for the committee of the revenue duly to pay the salaries of the lords commissioners 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 bishopric.
Upon a report from the council of state, the house ap- proved of commissary-general Ireton to go into Ireland next commander-in-chief unto lieutenant-general Cromwell ; and that he have presently paid him zoool. in part of his arrears.
Letters, that store of provisions of corn were brought in by Dutch ships into Lancashire.
An act passed 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 con- tinued till the 25th of December 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 in speedy execution.
Upon the petition of the widows of slain soldiers, referred to the committee of Haberdashers'- hall, to allow them their
IN THE YEAR MDCXLIX. 55
husbands' arrears, out of such concealed delinquents' estates as they should discover.
Power given to the trustees to sell deans' and chapters' lands at ten years' purchase.
The general sent a letter to the colonel 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 lool. for arrears of Mr. Rowland Wilson, as muster-master-general for the forces of Warwickshire.
Major Gobbet dismissed of his command, and captain Ro- gers committed to the marshal by order of the general.
Letters, that the inhabitants of Drayton in Shropshire, on the last Lord's day, in the night, fell upon captain Thelwel's troop, and disarmed and pillaged them.
That the reduced soldiers at York seized upon some of the officers who were to pay them their arrears, and kept them in restraint four hours.
19. Order for iooo£. for the lord president Bradshaw ; and referred to a committee to consider how 2oool. per annum lands of inheritance may be settled upon him and his heirs ; and how iooo/. per annum may be settled upon major-general Skippon and his heirs for their good services.
An act passed, read three times this morning, to enable 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 council of state, referred to the court of admiralty to examine a business touching some mer- chants of the intercourse, and certify the house.
Letters from the generals at sea, that they intended, as soon as weather will permit, to recover Kingsale road.
Colonel Reynold's regiment and colonel Okey's companies were ready to be shipped for Ireland.
56 MEMORIALS OF THE ENGLISH AEFAIRS
The general sent his orders to every regiment to permit any of the regiment that would go for Ireland, and not to entertain any in their rooms till further order ; and to lieu- tenant-general Cromwell, not to entertain any who have left any regiment designed for Ireland, and to have their accounts stated.
Letters from Chester, that colonel Jones and Owen Row were so far agreed as not to disturb one another's quarters.
Letters, that the Scots were new-modelling their army, and none to be of it but those who take the covenant ; that the commissioners of the kirk would have the king further pressed to grant their desires.
20. Petitions reported by commissary-general Ireton. Petitions from Kendal referred to the commissioners of
the seal, and the attorney-general.
Petition of the earl of Lincoln for damage for the demo- lishing of Tatter's-hall castle referred to the council of state.
Order for disposing 1480?. taken in a Dutch ship at Gravesend.
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 commissioners of the great seal.
An act passed for lessening the rates in the sale of deans' and chapters' lands.
Dismantling Gotheridge-castle referred to the council of state.
Letters, that some of prince Charles' ships had taken di- vers fishermen.
410 The committee touching major-general Browne and other members revived.
Order for the trustees for sale of bishops' lands to put their powers in execution for speedy bringing in of moneys due upon contracts with them as well against members of the house as others.
The committees to sequester those in default ; and divers orders made to remove obstructions in the sale of deans' and chapters' lands.
21 . Mr. Lenthal, the speaker's son, readmitted to sit in the house.
Letters, that Ormond was come up with twelve thousand
IN THE YEAR MDCXLIX. 57
into the quarters of Dublin ; that divers from the town ran away to him; that colonel Jones and colonel Monk were preparing to march out to him.
22. A report from the council of state, that before the Acts, house do adjourn it will be fit that these acts be passed by them ; viz.
All general acts concerning moneys for settling the militia.
For prohibiting the exportation of wool and fullers' earth.
To prohibit the exportation of gold and silver.
For punishing revolted seamen, and for investing the judge of the admiralty with his power.
For relieving well-affected tenants against their oppressing land- lords.
For suppressing all scandalous and malignant pamphlets, and the authors and printers of them, and to prevent as much as may be printing.
For punishing licentiousness and abuses in pulpits.
For repealing the clause in the statute 35 Eliz. concerning sec- taries.
For a general pardon.
For relieving poor prisoners for debt.
For securing the soldiers' arrears.
For probate of wills, granting administrations, and investing min- isters in livings.
The council further reported divers things to be prepared during the recess of the house for their debate at their next meeting; viz.
An act for taking away tithes, and for settling another j / maintenance for the ministers, and concerning future parlia- ments.
For regulating proceedings at law, and what laws are fit to be repealed.
The house appointed a day to take these matters into con- sideration.
The commission to lieutenant-general Cromwell to com- Cromwell. mand in chief the forces in Ireland was read in Latin and in English, and approved, and ordered to pass the great seal, to be in force for three years.
And the civil and military power to be in him for that time.
An act passed for making Robert Bernard, esq. judge of the isle of Ely.
58 MEMORIALS OF THE ENGLISH AFFAIRS
Order for the painted chamber to be prepared, and hanged, for the commissioners of articles to sit there.
An act passed for stating the accounts of all officers and soldiers.
A proclamation by the general forbidding soldiers to put their horses into mowing grounds.
23. Upon consideration that the money was very little that yet came in by sale of deans1 and chapters' lands, ordered, that the officers and soldiers, whose accounts are audited, may double their arrears for purchase of those lands.
The desires of the earl of Denbigh, touching his arrears for his embassy into Italy, and other arrears, referred to the committee of the revenue.
Referred to a committee to consider of colonel Henry Martin's losses, and of his arrears, and how they may be sa- tisfied .
25. The petitions of the earl of Rutland and of the lead- miners referred to the judges of the northern circuit.
An act passed for holding the assizes for Lancashire in Lancaster-castle.
The next winters guard for the seas approved of.
The extraordinary charges of lieutenant-general Cromwell, for his journey into Ireland, referred to a committee to con- sider and report.
Referred to a committee to select the acts fit to be passed before the adjournment of the house, and what matters to be debated during the recess.
The lord Grey's disbursements and arrears referred to a committee how he may be satisfied.
An act for making a judge of the admiralty and cinque ports rejected.
An act passed giving power to the council of state to grant letters of marque and reprisal.
An additional act passed for encouragement of purchasers of deans' and chapters' lands.
Letters from colonel Blake and colonel Deane, generals at sea, that they are again before Kingsale ; that prince Rupert and Maurice are there, and have gotten four hundred seamen from Waterford ; that Ormond's army is fourteen thousand.
A paper of requests delivered to lieutenant-general Crom- well for recruits and supplies for sir Charles Coote's forces in
IN THE YEAR MDCXLIX. 59
the north of Ireland, that they, being three regiments of horse and three of foot, have had but eight months' pay in eight years, and a peck of oatmeal a week ; and that sir Charles Coote may be relieved.
Letters, that colonel Jones was marched out of Dublin with four thousand foot and one thousand horse upon Or- mond's drawing near the town, but that Ormond being within five miles of him, Jones retreated to secure Dublin.
Letters from Scotland, that their king had parted with Scotland. Montrose, had consented to the covenant, and to the desires of the kirk, and to confirm what was done by his father's authority, and by the parliament of Scotland since, and that shortly they expect their king with them.
26. The act for relief of creditors and touching prisoners recommitted.
A proposal by sir Paul Pindar and the rest of the old com- missioners for the customs to advance ioo,ooo/. for the par- liament, if they might be secured a debt of 300,000^. owing to them by the late king, was laid aside.
A report for papists, who had not been in arms, to be ad- mitted to compound, was laid aside.
Captain Young spoiled a ship in Helvoetsluice in Holland, being ready to set sail for the prince ; and took a frigate be- longing to the prince with seventy prisoners, and ten pieces of ordnance in her, and a corn ship.
Letters, that captain Peacock, upon discovery of two corn ships taken by one of the prince's vessels, recovered both the ships, and brought them to harbour, and took one of the prince's men of war, and another ship taken with eleven guns and ammunition.
Letters, that the prince was at Brussels, and at a stand what to do, because the Levellers in England were reduced ; that he was expected shortly to be in France.
Letters that a frigate (of sir John Greenville, governor of 41 1 Scilly, with two brass guns, twenty-four muskets, and twenty- four oars, made for piracy) coming near Swansy, the governor of CardifFe sent out boats, pursued the frigate from creek to creek, and at length took her and all her men, except the captain and some few with him, who got on shore and fled away.
27. Letters from colonel Jones of his march out of Dublin,
60 MEMORIALS OF THE ENGLISH AFFAIRS
and after some skirmishes his retreat, being so much over- powered, and desires relief.
Other letters of colonel Jones's march, and that thereby he much straitened the enemy's quarters, and made a very honourable retreat, and in all demeaned himself with great valour and wisdom.
Order touching 35o,ooo/. upon the sale of bishops1 lands.
Order concerning compositions, and the accounts of Gold- smiths'-hall.
28. Upon a report of Mr. Salway, further time given for compositions of delinquents.
Adjutant-general Sadler went to Chester, to transport three regiments for Ireland.
Forces about Pontefract disbanded, and many of them listed for Ireland.
Letters that prince Charles was highly entertained at Ant- werp at the cost of the burghers.
29. The petition of the earl of Denbigh for arrears referred to a new committee.
An act brought in by the council of state, for repealing the statutes 23 El. and 35 El. against pretended sectaries, and the statute i Jac. recommitted.
Order for payment of the salaries to the judges of the admiralty.
Order to borrow 150,000?. for Ireland.
An act passed for discharge of the commissioners of the excise, upon their accounts.
Sir Henry Heyman and another readmitted to sit in the house.
Upon my report, Baron Gates, by reason of his sickness, was excused from riding the circuit, and sergeant Green or- dered to go judge in his place.
Power given to the commissioners of the seal to grant com- missions of sewers, and of charitable uses, as any lord chancellor, lord keeper, or commissioners of the seal used to do.
Letters that the enemy had besieged Dublin ; that colonel Hewson twice beat off their parties with loss to them, and came off with flying colours ; that colonel Jones sent to Ches- ter for corn.
That the enemy was within one mile of Dublin, from whence
IN THE YEAR MDCXLIX. 61
a party skirmished with them, and took one captain Duncan prisoner.
That Londonderry was not in a very bad condition.
30. The lord commissioner I/ Isle, being formerly by the house made master of St. Cross's hospital, did now voluntarily surrender it to the house again ; and they bestowed it upon the solicitor-general Mr. Cook; and ordered augmentations of means to the ministers and poor brethren, as the lord com- missioner L'Isle had formerly given.
Debate upon the act for sale of the king's houses, parks, &c.
And voted that St. James's house and park, Theobald's The king' park, Windsor-castle, and little park, Greenwich-house, castle, and park, should be reserved from sale for the use of the state.
And referred to the council of state, to consider what other houses, parks, &c., of the king's should be reserved from sale.
The new park near Richmond was given to the city of Lon- don, as a testimony of the favour of the house to them.
Order for saving the timber in the parks, &c., for the use of the navy.
Letters from Cheshire, that Ormond had besieged Dublin with fourteen thousand men, and doubted not but to carry it in a short time, and that divers ministers in Cheshire did pray publicly for restoring Charles II. to his father's crowns and honours.
July 1649.
2. A letter from the parliament of Scotland, in answer to Letter to the letter sent to them from the parliament of England, in high language and invective against the late proceedings in England, but desiring that commissioners of both kingdoms may meet, and treat about a good correspondency between the two nations.
Referred to the council of state how to prosecute the de- sires of the parliament of England, and to vindicate it from the aspersions cast upon them by the parliament of Scotland.
Captain Row, who brought the Scots answer, had tool. given him.
Divers orders for money, and approbation of the generaFs allowance of more than ordinary pay, in regard of billet- money.
A petition of the carmen, setting forth the oppressions and
62 MEMORIALS OF THE ENGLISH AFFAIRS
exactions of the woodmongers, and desiring to be made a new corporation of the carmen, referred to a committee.
The 400^. per annum allowed to Dr. Usher, primate of Armagh, continued.
Order for seventy to be of the lifeguard to the lieutenant of Ireland, and Mr. Owen to go his chaplain, and his wife and children to have TOO/, per annum in his absence.
Ireland. Letters that colonel Jones put all the men Roman catho- lics out of Dublin, that Ormond took in all the country about Dublin, and put Jones to great wants ; that sir George Askue secured the harbour for the army to land from England, and that most of the English joined with Ormond.
Letters that five witches were burnt at Edinburgh, who had the marks upon them which they had from the devil.
The parliament of Scotland sent a gentleman to the queen and ch. of Sweden, to acquaint them with their proceedings with England, and their falling oft7 from them upon their late transactions, &c.
That they prepare for new levies of fifteen thousand horse and foot, to be added to the five thousand now in being.
The earl of Northumberland lent me his house at Sion.
3. Debate upon the act for sale of the parks, lands, &c. of the late king, and officers agreed upon.
Colonel Martin's accounts stated, and he ordered to have j col. per annum inheritance in lieu of his arrears.
The lord Grey's accounts passed.
A pardon ordered for some prisoners condemned in the circuits.
Referred to the council of state to take care for bringing in the arrears of London's assessment.
412 Letters from Dublin that colonel Jones sent out twelve horse, who charged thirty of the enemy, routed them, and took lieutenant -colonel Duncan prisoner, and wounded captain Dungan mortally, and that Ormond stood within half a mile looking on.
That divers malignants are imprisoned, and the papists driven out of the town, but their wives and children stay; that Joneses men killed a captain and lieutenant of Ormond's horse, took a cornet and four horse, and lost a quarter- master.
That Inchequin wrote to Jones to treat, but he returned a sharp denial.
IN THE YEAR MDCXLIX. 63
Letters that prince Charles near Antwerp was met by some Prince eminent persons, and presented by the archduke with a sump- C tuous coach studded with silver, and six gallant Flanders' mares drawing it, and six saddlehorses of the Neapolitan race.
That at Antwerp the magistrates conducted him to a stately palace, where he stayed two days, and was entertained as if he had been king of Spain.
Letters from France, that the queen of England's pension was lessened there from 1 2,000 crowns to 7000 crowns, and no pension allowed to prince Charles but what his mother gives him.
Letters from Scotland of the strange number of witches executed there ; that the kingdom was quiet, and in great ex- pectation of their new king.
4. The act passed for sale of the goods of the late king, queen, and prince, part of the money to pay some of the king's household debts, and 3o.coo/. for the navy.
Debate upon a report from the council of state for borrow- ing 1 5o,ooo/. of the city for the service of Ireland.
Vote that the letter from the parliament of Scotland to Vote. William Lentkal, esq. doth disoblige the parliament of Eng- land to proceed with Scotland to a treaty, and referred to the council of state to draw up a declaration upon this and the former Scots letters.
Letters of one thousand six hundred and sixty barrels of beer, with other provisions proportionable, ready at Bristol, for the soldiers designed for Ireland.
Letters that captain Harris with the Phoenix frigate had rescued divers prizes taken by the Jersey men.
5. Orders for money for lame soldiers and the widows of soldiers slain.
Mr. Steele was chosen recorder of London in the place of Mr. Glyn.
Divers surveys returned of deans' and chapters' lands.
The train of artillery and ammunition was shipped for Ireland.
6. The account of the lieutenant of Ireland approved, and he discharged.
I did voluntarily surrender the place of attorney of the duchy, which the house had formerly conferred upon me:
64 MEMORIALS OF THE ENGLISH AFFAIRS
the house approved thereof, and bestowed the place upon Mr. Hall, to hold it quamdiu bene se gesserit.
An act passed for altering the seal of the duchy.
A woman committed to the marshal, and ordered to be sent by a justice of peace to the house of correction, for abus- ing sir James Harrington.
Order for a day of humiliation, to seek God for his blessing upon the expedition for Ireland.
Order for the speaker to give a pass for the Holland am- bassador to transport four horses into Holland custom free.
Order for the attorney- general to bring in an act to pro- hibit the transportation of horses.
Order that Mr. Attorney-general, Mr.Steele, and Mr. Hurst, should attend the commissioners for articles, as council for the state.
An act passed to settle the master of the mint office. Yorkshire. A letter from the general to the house, recommending the desires of the grand jury of Yorkshire to have courts of jus- tice settled in that county, referred to a committee.
Five hundred pounds ordered for the Dutch officers.
Colonel Allured made receiver of Yorkshire.
Letters from Dublin, that the lord Mohun and his troop ran away to the enemy. So did sir William Armstrong's troop, and lieutenant - colonel Yeoman's troop. That Dro- gheda and divers other of the parliament's garrisons were be- sieged, and could not hold out, nor was colonel Jones able to relieve them. That colonel Trevor and divers others out of colonel Monk's quarters went to the enemy. That all mar- kets were hindered, and all provision very scarce and dear.
Letters from Brussels, that the Scots king was gone for France to salute the king and queen, and thence to go to the queen his mother, who sent to him Piercy and Jermyn, to let him know it was the advice of the council of France, and hers, that he agree with the Scots upon any terms.
Upon complaint to the States on behalf of the Scots king, that some of the parliament's ships destroyed the Antelope ship in Helvoetsluice, the States ordered that the king had liberty to act the same upon any of the parliament's ships in any harbour within their dominions.
Letters that a fleet of English ships in the Sound fought with the Danish fleet, about demand of custom, and worsted
IN THE YEAR MDCXLIX. 65
the Danes, but seven Swedish ships coming in, and joining with the Danes, they worsted the English.
7. Long debate upon the act for repealing several statutes against pretended sectaries, and who come not to church to hear divine service, and recommitted.
The lord lieutenant of Ireland had leave, before his going away, to present several petitions to the house for divers friends, which were read, and orders made upon them.
Letters from Dublin, that captain Otway beat up Ormondes horseguards, killed fifty, and took divers prisoners, that Inchequin besieged Tredah, and was bravely repulsed, and lost many men.
I went from London to the manor lodge in Windsor-park, to retire myself from business.
The lieutenant of Ireland presented more petitions to the Petitions, house, upon which orders were made; and divers of them were for pensions to many Irish gentlemen and ladies in distress.
Orders for stating sir George Askue's arrears, and divers others, and for Mr. Knight, the general's chaplain, to have liberty to double upon the purchase of deans' and chapters' lands.
Votes against ministers preaching and praying seditiously, Ministers. and against the present authority, and to promote the interest of the children of the late king, or that disobey the orders of parliament, that they shall be sequestered.
Letters that some malignants at Preston in Lancashire 41 3 proclaimed Charles II king at the market cross, and nothing was there done against them.
Letters from Ireland, that sir Robert Steuart had taken the castle of Kilmore by storm, with fourteen guns, and had lost fifty men.
That colonel Jones by a sally cut off sixty of Ormond's men ; that sir George Askue kept open the passage by water.
That the lord Inchequin sent a summons to colonel Jones Ireland, to render Dublin to the use of the king, to which he returned a smart answer, remembering Inchequin of his former pro- fessions and engagements for the parliament's cause, and is now assisting the bloody rebels and papists against the pro- testant English, for which he advised him to desist, lest he bring misery upon his own family.
WHITELOCK, VOL. III. F
66 MEMORIALS OF THE ENGLISH AFFAIRS
10. Upon a report of the council of state, of the want of powder, referred back to them to consider of some fit way for the making and providing of saltpetre.
And upon their report, the committee was revived to treat with the common-council about borrowing 150,000^. for Ire- land.
The lieutenant of Ireland went out of town in very noble equipage, with coaches and six horses apiece, his lifeguard of eighty, who had all been officers, and a great number of attendants.
Tailors. A petition of the journeymen tailors to the general for re- lieving their fellows by a meeting, for which they ask his leave.
Letters from Holland that the Scots king was come to Paris ; that in all his journey he had such entertainment as never before was given by catholics to one of the protestant religion.
11. The day of public humiliation.
Letters from the navy of several vessels taken at sea by captain Harris, with the Phoenix frigate.
Upon the lord-lieutenant's going to Ireland, three minis- ters did pray, and the lieutenant himself, and Goff, and colonel Harrison, did expound some places of scripture excellently well, and pertinent to the occasion.
12. Long debate about the act for sale of the king^s lands. The common-council provided to lend the parliament
150,000^. for Ireland.
Letters that three ships loaden with corn were arrived at Dublin from Chester.
Petitions. A petition of the officers engaged for Ireland, acknow- ledging the integrity and justice and labour of the house, and as their last request they humbly pray,
That all drunkenness, profane swearing, uncleanness, abuses of the Lord's day, &c. may be restrained, not tolerated under their power.
That proceedings in law may be in English, cheap, certain, &c., and all suits and differences first be arbitrated by three neighbours, and if they cannot determine it, then to certify the court.
That all men's lands and houses may be registered in every parish •with their encumbrances.
That tithes may be taken away, and two shillings in the pound
IN THE YEAR MDCXLIX. 67
paid for all lands, out of which the ministers to be maintained, and the poor.
That public debts may be paid.
That receivers may account, and prisoners for debts be relieved.
Keferred to the committee to consider what things are fit to be done before the house adjourn, and the lord-lieute- nant desired to return the thanks of the house to the peti- tioners for their good affections, and for their engagement for Ireland.
An account of the parliament's navy, that colonel Dean with his squadron lay upon the western road, colonel Popham between the Downs and Portsmouth, and Blake blocked up Kingsale ; sir George Askue lay in Dublin road, other ships northward, and some to secure the transportation of corn and provisions from Chester, Bristol, &c. to Ireland.
13. The act for sale of the lands and revenues of the king, queen, and prince, and securing thereby the arrears of the soldiery, again debated and committed.
A petition from the lord mayor, aldermen, and common- council of London, acquainting the house that one of the members thereof, alderman Wilson, was elected one of the sheriffs, and desired the leave of the house that he might serve according to his election.
Upon the question it was voted to be left to alderman Wilson, to accept thereof if he should think fit, and that the house would look upon it as an acceptable service to the commonwealth if he would serve therein, according to the election and desire of the city.
Alderman Wilson being very fit for that place, and freely elected to it, and a conscientious worthy person, considering the affection of the city, and that God had blessed him and his father with the gaining a plentiful fortune in that place, thought it fit for him to spend some of it, and to undergo the trouble of the place for the honour and service of the city.
A petition of the well-affected in Lancashire to the officers of the army, reciting the order of the council of state for demolishing Lancaster-castle, showing the danger thereof to the well-affected, praying them to be a means to the general and to the council, that it may not be done.
14. Debate all day upon the act for sale of the king's lands, &c., and order to meet on Monday at six o'clock in the morn-
68 MEMORIALS OF THE ENGLISH AFFAIRS
ing, for the despatch of this act, that the soldiery may see the care of the parliament for securing their arrears before they go into Ireland.
Order giving further time for doubling upon the purchase of deans' and chapters' lands.
16. An act passed for sale of the crown lands, to secure the arrears of the soldiery.
Order for allowing 3ooo/. to Mr. John Browne, clerk of the lords5 house, for his losses, and referred to a committee how to raise it.
Referred to the council of state, to examine a mutiny of the reduced soldiers at York, and to punish the mutineers.
A petition from South Wales, that when colonel Horton with his regiment shall be drawn from thence to Ireland, colonel Martin (or who the house shall think fit) may be their commander-in-chief, and they will pay his forces.
Referred to the general to take care of South Wales, and the petitioners had thanks for their good affections.
Letters that the fleet before Kingsale took a vessel of prince Rupert's of eleven guns, and in her captain Leg and sir Hugh Windham, captain Darcy, and sixty men, and am- munition,
That captain Ball took a Holland man of war of thirty guns, loaden with stuffs and provisions for prince Rupert and Maurice, and sent her up to the state.
414 Letters that Tredah holds out against Ormond, who puts the English into garrisons, and keeps the catholics and the Irish in the field to fight.
That captain Jones out of Dublin fell upon Ormondes quar- ters, took two hundred horse, killed and took a hundred and forty men, without the loss of one man, cut their tents, and retreated to Dublin, whither four thousand quarters of corn were brought in from Chester.
That the lieutenant of Ireland was entertained with great honour at Bristol, and the country came in great multitudes to see him ; that he lay there for a wind.
17. The act passed touching coins.
Upon a report from the council of state, who had consulted therein with the general, the house voted,
That when the council should see cause, for the safety of the commonwealth, they might make an addition of forces,
IN THE YEAR MDCXLIX. 69
both horse and foot, to be in readiness to take the field, and march with the standing army, and they to have pay only while they should be in service.
Indemnity given to some well-affected justices of the peace of Surrey, who were sued for some things irregularly done by them.
Orders of reference to the lords commissioners of the seal touching coins.
Letters from Scotland, that they resolve to levy a consi- derable army forthwith, and, as they say, for their own de- fence.
Letters that colonel Reynolds's regiment of horse and colonel Venables's and colonel Hunks's regiments of foot were ready to be shipped.
Letters from Dublin, that the enemy fiercely assaulted Ireland. Tredah, but were beaten off with the loss of two thousand men; that the governor went forth with a party of about two hundred horse, and about fifteen hundred foot into the enemy's camp, brought away two hundred of their horse, with some bread, beer, fruit, and sack, but are in great want of provisions, and can receive none from Dublin.
18. Vote to discharge Mr. Abbot from being register of the prerogative court, and Mr. Oldsworth and Mr. Parker to have patents for that office.
Eeferred to a committee to consider what to do concern- ing ecclesiastical offices and courts.
An act passed for a collection for the propagation of the gospel in New England.
Leave given to lieutenant-colonel Lilburn to visit his sick wife and family.
Letters that sir Charles Coot sent forth captain St. John and captain Taylor out of Londonderry, who fell upon the enemy's quarters, slew divers of them, and took many pri- soners.
A declaration passed, in answer to the letter from the par- liament of Scotland, to vindicate the proceedings of the par- liament of England.
19. Order for the printing and publishing the act declaring what offences shall be adjudged treason.
Several orders passed relating to particular persons, and not of public concernment.
70 MEMORIALS OF THE ENGLISH AFFAIRS
20. Order for the committee of accounts to allow the certi- ficates of the several sub-commissioners for accounts in the respective counties.
Referred to the commissioners of the seal to consider how moneys may be raised for the repair of Marlborough-bridge.
Referred to the committee of the army to confer with the general and officers of his army how free quarter may be totally taken off, and the late act passed for that end be put in effectual execution, and to give an account thereof to the council of state.
Letters from Bristol from the lieutenant of Ireland, about supplies for his forces, referred to the committee of the army.
Order for 500?. for Mrs. Farrer of her husband's arrears.
Mr. Fell made second judge of Chester, and the lord presi- dent Bradshaw made chief justice of Chester.
Oder for 4000^. to be paid to divers, who were labourers in Scotland Yard to his late majesty.
My lord commissioner L'lsle, in my absence, procured attorney-general Prideaux to move the house in both our names, that we may have the duke of Bucks' s house, as a conveniency of our being together, for the service of the seal, and that we might have a lease for twenty-one years of that house.
The parliament very freely ordered what Mr. Attorney de- sired, and referred it to the committee of Haberdashers'-hall to set the rent for it, which they did the same day at 40^ per annum, and no more, because of the great charge they should be put to in the repair of it, it being much ruined by the quartering of soldiers in it.
21. Letters from Plymouth, of colonel Leg, sir Hugh Windham, Mr. Kenton, and others, being brought thither prisoners, to know the pleasure of the house concerning them. Ordered that colonel Leg be committed in Bristol, sir Hugh Windham and Mr. Kenton to the mount, for high treason.
Referred to a committee to bring in an act for government of hospitals, and to receive complaints concerning the same.
Referred to the committee of accounts to examine the state of the accounts of the late colonel Thornhaugh, that the arrears may be paid to his widow.
IN THE YEAR MDCXLIX. 71
Order to discharge the sequestrations of the estate of sir Trevor Williams.
Debate touching the accounts of the officers engaged for Ireland.
The king's papers taken at Naseby-battle ordered to be delivered to the council of state.
A plot discovered for the betraying of Portland, Weymouth, and other places.
The Isle of Man surrendered to the parliament, and the earl of Derby admitted to his composition for 15,000^.
The lieutenant of Ireland appointed Milford-Haven for the general's rendezvous of the forces for Ireland.
Letters of the surrender of Tredah to the lord Inchequin upon articles, the garrison to march out with bag and baggage to Dublin.
23. Vote to readmit the eleven members to sit in the house again.
Letters from the lieutenant of Ireland of his preparations and marches in order to his expedition, and desiring supplies, especially of money :
Referred to the council of state, to take order for the sup- plies mentioned in his letter, and for sending speedily to him ioo,ooo£.
Colonel Oconelly gave an account to the house of the con- dition of Dublin, and of the good service of colonel Jones and of sir George Askue: they gave him iooL, and ordered thanks to Jones and Askue.
Letters that the regiments of colonel Reynolds and colonel Venables were shipped, and the rest hastening what they could.
That Dublin was in a good condition, the officers and sol- diers much encouraged by distributing a great quantity of 415 cloth among them : every field-officer had five yards of fine cloth, every common officer three, and every soldier clothed from head to foot, and that they had plenty of provisions.
That two hundred foot and sixty horse of the garrison of Tredah came to Dublin, the rest took pay under Inchequin. That Ormond's army was enforced to thirty thousand men.
The plot against Weymouth, &c. was to have cut the throats of all the soldiery and those who adhered to them, as the go- vernors certified upon examination of the prisoners.
72 MEMORIALS OF THE ENGLISH AFFAIRS
Letters of store of ammunition come to Berwick by order of the council of state; that a ship of the parliament took a rich bark going for Ireland; that the Scots king intended not to stay long in France, but is doubtful whether to go for Scotland or Ireland.
24. A report from the committee of the navy of the officers for the customs in the port of London and the outports, ap- proved by the house, and the committee ordered to increase the salaries of the cheque in the principal ports, not to ex- ceed so/., and in the outports id.
An act committed for settling loool. per annum upon colonel Martin, out of the duke of Bucks' estate.
The act for settling aooo/. per annum upon the lord president Bradshaw, out of the earl of St. Alban's estate and the lord Cottington's recommitted, for an exact survey to be had of the lands.
Ireland. Letters from Dublin, that they are not able to relieve the garrisons for the parliament near them ; that of seven hundred of colonel Monk's men five hundred ran away to the enemy, because they have money there.
That the lady Meridith, the lady Weems, and sir Thomas Armstrong's family are turned out of town, because their husbands were gone to the enemy, and colonel Trevor was revolted.
25. The young lady Capel's petition referred to a committee.
Petitions of divers persons for satisfaction out of the mar- quis of Winchester's estate, for damages done to them by his lordship, referred to a committee.
A letter from the ministers of Scotland to the ministers of London : the house would not read it.
Order that no private business shall be heard in the house for eight days.
An act for encouragement of plantations in the West-Indies committed.
Petitions of doctors of laws referred to the committee for probate of wills.
Orders touching the rents of delinquents' estates in tenants' hands.
26. A long account given of all the forces in England and Ireland, in field and garrison, with an estimate of their pay according to the establishment.
IN THE YEAR MDCXLIX. 73
Voted that the assessment of 90,000?. per mensem for pay of the forces be continued for three months longer, and no alteration to be of the prop rtions.
The committee of the army ordered to confer with the ge- neral about the total taking away of free quarter.
27. A letter to the speaker reflecting upon some members of the house, for hindering the passing the act for relief of poor prisoners for debt, referred to a committee to examine the writers.
The act was recommitted, and the committee ordered to bring in with it another act for relief of creditors against their debtors.
The question whether there should be an allowance for a president of the council for the forces in Ireland, and whether there should be an allowance for a lieutenant of the ordnance, were both resolved in the negative.
The act passed for New-England.
Letters confirming the loss of Dundalk in Ireland by the treachery of the parliament's soldiers there, and that colonel Monk was landed at Chester.
28. Order for relief of divers inhabitants in Cambridge, by the committee of the eastern association, for their losses, having their houses pulled down for the security of the castle of Cambridge for the parliament.
An act committed for transplanting felons reprieved to the Summer Islands and other English plantations in America.
An act passed for altering the duchy seal of the court at Westminster.
An act passed for constituting sergeant Bradshaw, lord president of the council of state, to be chancellor of the duchy of Lancaster, and Bartholomew Hall, esq. to be attorney of the duchy.
An act passed touching the commissioners of customs, and ordered that alderman Avery, and the rest of the former com- missioners of customs, shall have the thanks of the house for their faithful services to the public.
Referred to the council of state, to employ such persons as they shall think fit to be agents for this free state into foreign parts.
Debate touching the power of the trustees for the sale of deans' and chapters' lands.
74 MEMORIALS OF THE ENGLISH AFFAIRS
The general published divers rules and orders to be observed by all the officers and soldiers of his army, under the respec- tive penalties, therein mentioned, for the taking off of all free quarter and billet in this nation.
30. The act for regulating the excise after a long debate committed.
The seal of the duchy delivered to the commissioners of the seal.
Referred to the council of state to preserve the books and medals at St. James's from embezzlement.
After this order passed, the council propounded it to me, whether I would take upon me the charge and care of these precious medals and books, and to be the library-keeper, and to appoint whom I thought fit to look to them under me.
I knew the greatness of the charge, and considered the prejudice that might fall out by being responsible for those rich jewels, the embezzlement whereof would be endeavoured by many, and my other occasions would not permit me to give much personal attendance on this business, nor to enjoy much of the delight of perusing them.
Yet I being informed of a design in some to have them sold and transported beyond sea, which I thought would be a dishonour and damage to our nation, and to all scholars therein, and fearing that in other hands they might be more subject to embezzling, and being willing to preserve them for public use,
I did accept of the trouble of being library-keeper at St. James's, and therein was encourged and much persuaded to it by Mr. Selden, who swore that if I did not undertake the 416 charge of them, all those rare monuments of antiquity, those choice books and manuscripts, would be lost ; and there were not the like to them, except only in the Vatican, in any other library in Christendom.
The council made an order for me to be library-keeper of St. James's, and to have lodgings in the house belonging to the place, and recommended to me Mr. Duery, a German by birth, a good scholar, and a great traveller and friend to the parliament, to be my deputy in that place, but at my liking.
I was willing to have a deputy by their recommendation, being thereby I should be the less answerable, and I appointed Mr. Duery to have the keys, to go to Mr. Patrick Young the
IN THE YEAH MDCXLIX. 75
former library keeper to the late king, to inquire for an in- ventory of the books and medals, and to see an exact one made forthwith of all of them.
An act passed for altering the seals of the custom-house.
Leave given to the lord mayor and aldermen of London to transport sixty prisoners out of Newgate to the American plantations.
Letters that the lord lieutenant of Ireland was ready to take shipping, that a few deserted the engagement, and that money was much wanting ; that five hundred Irish were landed at Jersey, designed (as was imagined) to second the plot for surprising Wey mouth, Portland, and other garrisons.
Letters of many pickeroons upon the northern coast, who took divers vessels, and much disturbed the coal ships and fishermen.
Letters from Scotland, that the kirk party much com- Scotland, mended their new king, and that his coming thither was expected. That they continued a force of six thousand men, which in ten days they could make up twenty thou- sand, and persuaded the people that England was sending an army against them to be commanded by lieutenant-general Cromwell.
Letters of a Holland man of war taken with an Irish com- mission, and that had done much mischief on the sea to the English, and taken divers ships from them.
My son James went over in a private capacity with the lord-lieutenant of Ireland, which took off much of envy from him, and procured him the more credit among the soldiery, who love to have their officers to rise to commands by degrees, and not per saltum.
My lord lieutenant at his coming to him said, that he was the only gentleman of England that came as a volunteer to serve under him in this expedition, and that he would have a very particular care and respect towards him.
Upon my wife's death I received this letter from my noble friend sir John Holland from beyond sea :
For my honoured friend BuLstrode Whitelocke, esq. SIR,
I accompany you as a mourner in the sad funeral of your lady, but until this time I heard not of her death ; I wonder not now at your so long silence, nor yet at your present expression in the apprehen-
76 MEMORIALS OF THE ENGLISH AFFAIRS
sion of your loss : but I know you wise, and that you know your duty too well towards Him that sent you this affliction, to be too immoderate in your passion. We daily pray that God's will be done ; he himself hath taught us so to pray ; we ought not to pray for what we will not with patience, yea even with thankfulness, submit to. I did, I con- fess, very much respect her, not only as she was your wife, which was obligation enough, but even for her own merit : but the confident report here of your death, and which through the force of my own fears had got some possession in me, was a seasonable preparative for this sad news to make me bear it with the better temper, whilst I find you alive. The continuance of whose life I heartily wish, both for the sake of your children and friends, in which number, I hope, you will ever account
Your affectionate servant, June 29, 1649. J. HOLLAND.
31. Mr. Lemmon, a member of trie house, chosen by the city to be one of their aldermen, although he had left the city seventeen years since, the house left it to himself whether he would hold to be an alderman or not.
Order for money for maimed soldiers, and for the widows of slain soldiers.
An additional act passed for the sale of deans1 and chapters1 lands, and to remove some obstructions in the sale of them.
Upon notice that the prisoners in the Kings' Bench were in some mutiny, some horses were sent thither to suppress the insurrection : only one woman was killed by one of the prison officers, and another was hurt.
ioo,ooo/. went from London to the lieutenant of Ireland into Wales.
Letters from Chester that Ormond was forty thousand strong before Dublin ;
Ireland. That colonel Monk, upon the enemy's approach towards Dundalk, sent to Owen Howe Oneal, head of the natural Irish, desiring him, in pursuance of the articles between them, to draw his forces together, and to be in readiness when the enemy should draw near to them.
This was undertaken by Owen; but he sent word back that he wanted ammunition ; and being come within three miles with his whole army, he sent out twelve hundred foot and two hundred horse, who received from colonel Monk twenty barrels of powder with match and bullets propor- tionable.
IN THE YEAR MDCXLIX. 77
Presently after this, they had information that Inchequin was coming against them, which made them speed as fast as they could to their general ; but they were overtaken and routed ; five hundred killed upon the place, many prisoners taken ; the rest so beaten and scattered, that few of them escaped without their death's wounds.
This news was so terrible to Owen and his army that they all rose in a panic fear, and fled into the county of Longford. This defeat was given in the view of the town of Dundalk, and Inchequin sent the news of it presently to Ormond, who thereupon sent to colonel Jones for exchange of prisoners, and sent him the news of this defeat given to Owen.
Inchequin the same evening came before Dundalk and Monk, summoned it. Colonel Monk was retreated thither, upon the assurance of all his officers and soldiers to stand by him, except one soldier, who when Monk told them that if any of them scrupled to fight in this quarrel he might depart, and should have a pass from him,
This one soldier only desired a pass, and said he could not in conscience fight in this quarrel : Monk gave him a pass according to his desire, and the rest promised to be faithful to him.
But when Inchequin came now before the town, all the 41 7 faithful soldiers ran away over the trenches to Inchequin, swearing deep oaths that they would not engage with Monk, who entered into confederacy with Owen Howe, the head of the native Irish.
By this and many other passages, both in ours and other histories, we may observe the strange inconstancy, lightness, and irrational actions of the common soldiery, whom for the most part money and avoiding present danger carry beyond any other interest.
These soldiers of colonel Monk's one day swore to stand by him, the next day every one of them deserted him : money was to be had from Inchequin, none from Monk; with whom if they stayed they must fight ; but if they left him they thought the danger was over.
They had all engaged under colonel Monk, and when he had demanded of them whether they would be faithful to him and stand by him, all but one said, that in conscience they could not leave him, but would stand by him.
78 MEMORIALS OF THE ENGLISH AFFAIRS
The next day, when danger approached, then they could not in conscience stay with him, because he was confederate with the head of the native Irish rebels, Owen Howe.
Yet the same conscience could give them leave to serve under Ormond, who commanded both the Irish rebels catho- lics and the English royalists against the English protest- ants.
Monk's soldiers having thus deserted him, the town of Dundalk was presently surrendered to Inchequin upon no other conditions but that Monk might dispose of what was his as he saw good.
That colonel Mark Trevor was there a great purchaser, and bought choice sheep for 3/. a score, cows for 30^ a score, and horses for 40^. a score, and so made himself up a regiment, and was made governor of the town to boot.
That this defeat of Owen was a great advantage to Ormond ; that in Dundalk store of provisions was taken ; that Owen was so enraged at this defeat, that he swore he would be revenged.
That there were divisions in Ormond's army between the English and the Irish, for that Ormond gave the lands so re- gained to the English, and put them into garrisons, but kept the Irish in the field in most hardship and danger; that many of the ministers in Dublin are suspected and sus- pended.
Letters from Scotland, that the levies there were much pressed on by lieutenant-general David Lesley and his party, to consist of about fourteen thousand foot and six thousand horse ; and that they were in great fear of an invasion either from England or Ireland.
This was a year of great perplexity and danger as to the public affairs in the cause of the parliament. The public busi- ness stood on this foot, if the parliament had lost but one battle, all who were engaged with them had been in danger of ruin, as to their lives and fortunes ; and though they gained many battles, yet their enemies still continued of power to raise fresh parties and new troubles against them.
When they were all subdued, so that not one man ap- peared in arms for the king, yet many appeared against the parliament; their own friends turned to be their enemies;
IN THE YEAR MDCXLIX. 79
those who fought against the kingns party joined with the parliament, and they fought together against the cavaliers.
When they were subdued, then the same soldiers fought against their own masters and fellow-soldiers, witness the agitators, Levellers, and mutineers.
Those of the army turned head against them from whom they had received their commissions to be an army, and bent their arms against those who had empowered them to bear arms ; yet God was still pleased to support the parliament, at least a considerable part of them, and to carry them through all the difficulties they met with in relation to their common enemy, though great, numerous, and powerful, and in relation to particular distempers and insurrections from that of their own party.
We may from hence take notice of the vast hazard men undergo by engaging in such affairs as these were, in which the conquered were ruined, and the conquerors did thereby but create to themselves new war and troubles.
Success raised in many of them a haughtiness of mind and a roaming of imagination, every one almost of them en- deavoured or expected to have his private fancy to be put in action, and to be little less than princes.
To effect something dreamed on to this purpose many wits were working; some were for one thing, some for an- other -j all were violent in their way, and brought in to several parties and factions.
The army was divided into Levellers and disciplined sol- diers ; the parliament was divided into royalists and republi^1 cans ; the whole nation was divided into cavaliers and parlia- mentarians.
The parliamentarians were again divided into presbyterians, independants, anabaptists, fifth monarchy men, and many- other persuasions, and none but the most miserable of aH cures for the sick state, no uniting of divisions, but by a greater calamity, by the sword.
When the king's party grew up to any strength, then those of the parliament party united together to oppose the "^ king^s; and when that work was done, then they fell at variance among themselves.
Thus we find it was by the precedent story, and thus we shall find it to continue, if God give me life and opportunity
80 MEMORIALS OF THE ENGLISH AFFAIRS
to continue this story ; and this may be a sufficient argument that there is neither safety nor discretion for any who can avoid it to engage in matters of this nature.
We who were engaged in those before mentioned were un- experienced in these things, and in the consequences of them slipped into them by degrees, and before many of us were aware of them, and being once in, were by little and little plunged further in, and knew not how to get out again ;
But those that have the examples and the warnings of the age preceding, and have in part known and heard their fathers relate the deep miseries and calamities of the civil war in their days and to both parties, will be inexcusable if ever they engage in such affairs ; and may they never see again those sad days which have been in those times whereof we read before !
August 1649.
1. Debate touching accounts, and the assessment of 90,000^. per mensem continued three months.
Letters that colonel Reynolds, colonel Venables, and their regiments were landed at Dublin.
Letters from France that the prince of Wales was still there, and that the lord Cottington and sir Edward Hyde came to him from Brussels with a present of 20,000 crowns from the archduke Leopold.
4! g From Scotland, that they are listing fourteen hundred Scotland, auxiliaries, and that their forces are six thousand horse and foot ; some of them quartered on the English borders that have demanded their cannon at Berwick and Carlisle :
That they are troubled they can have nothing from their king but according to the council of the queen-mother and those with her, who are all for the Irish interest and the catholics :
And that they are about a declaration to receive all to mercy upon their repentance and taking the covenant, except a few only.
2. Order to refrain private business for eight days. Debate touching the accounts of the Irish officers, and
stating of their pay.
Debate touching excluding all from offices who shall not subscribe to the present government.
Letters from Ireland that since the landing of colonel
IN THE YEAR MDCXLIX. 81
Reynolds and the other regiments, Ormond drew off his army further from Dublin, and that Trym held out still for the parliament.
3. An act passed to enable the committee of indemnity to Acts. receive information and articles against any justice of peace, magistrate, or other officer, touching their malignity, &c., and
to cause witnesses to be examined thereupon in the country, and to proceed to sentence against them.
Referred to a committee to bring in an act to take down and rase out the arms of the late king in all churches, chapels, and other public places throughout the commonwealth.
Order for allowing 13007. to a member of the house, to be doubled upon the purchase of deans' and chapters1 lands.
Referred to a committee to consider of the obstructions in the sale of the king's goods.
Another member readmitted.
A letter from Hamburgh, of wrongs as to their shipping, referred to the committee of the navy. And referred to the council of state to write to the governor of the states of Hamburgh touching some complaints of English merchants against them.
4. Debate of an act for admitting the six counties of North Wales to a composition for a sum in gross.
Debate of an act touching probate of wills, administrations, marriages, divorces, &c.
Debate of an act for settling tithes upon such ministers as shall own the present authority.
6. Debate of an ordinance touching ministers, public wor- Debates, ship, and government, by way of a declaration ; the house passed the preamble declaring their resolutions for propaga- tion of the gospel, the establishing presbyterial government, and the ministers to have sufficient maintenance ; and upon the question whether tithes should be continued, it passed in the negative.
Letters that captain Norwood, one of those who landed Ireland, last at Dublin, sallied out of the town with a troop of eighty and some additional horse upon sir Thomas Armstrong, who came with part of four regiments to drive away the cattle of the town.
That Norwood repulsed Armstrong, killed thirty of his men, and took some prisoners, and lost but four men.
WHITELOCK, VOL. III. G
82 MEMORIALS OF THE ENGLISH AFFAIRS
That Try m- castle was surrendered to Ormond or Inche- quin by the treachery of captain Martin.
An act passed giving power to the committee of indemnity to transmit the examination against malignant magistrates, officers, or justices of the peace.
An act passed for settling the new commissioners of the customs.
Scots de- The declaration of the general assembly of Scotland against claration. those that engaged in the late unlawful war against England ; and such as persevere in the like designs to be excommuni- cated, and further punished ; and such as repent, &c., to be received to mercy.
Letters from Newcastle that there were condemned by the judges twenty-nine moss-troopers, Scots, that robbed upon the borders, and other felons.
7. Debate upon the declaration touching ministers and church discipline, referred to a committee to consider of the debate of the house, and to bring it in again with the amend- ments with respect to tender consciences.
Letters of the taking of Trym-castle, and that three hundred in it went to the enemy, who afterwards took also a strong house near it belonging to sir Adam Loftus.
Letters that part of colonel Horton's regiment refused to go with the lieutenant for Ireland, and disbanded them- selves.
That major Bethel and other officers refused to go ; that about Chester they feared the malignants rising again.
Letters from Hamburgh, that one Mr. Harrington, an English merchant, came thither, and designed to trepan Mr. Crispe, and other English merchants there, and got on board a ship provided for that purpose, to carry them over into Eng- land ; but by the contrary winds, the ship being wind-bound, the rest of the English merchants overtook the ship and rescued their friends.
8. An act passed for taking of the customs' and navy ac- counts.
Debate upon the act for poor prisoners recommitted as to prisoners and creditors ; and the committee to receive any offers from the judges, or any others for the good of the com- monwealth therein. Poor pri- Instructions to the committee for bringing in the form of
soners.
IN THE YEAR MDCXLIX. 83
a commission to pass the great seal for relief of those that lie in prison for debt, and have nothing to pay, but are like to starve for want of maintenance.
Letters that a woman came out of Cleveland to York, and there preached several times, and was much admired by some ladies and other persons of quality who heard her ; but the ministers were very angry with her.
I came with my company from the manor lodge in Wind- sor great park to London; I attended the parliament and the council of state, and the business of the great seal; labour enough for one man.
9. Debate of an act for suppressing false and scandalous letters, informations, &c., committed.
Another for suppressing scandalous and unlicensed pam- phlets, and for regulating the press.
Upon the motion of colonel Martin, ordered, that the re- galia of the crown be delivered up to the trustees for sale of the king's goods, to raise money for the service of Ireland.
10. The act passed for admitting the delinquents of North Wales to composition for a certain fine.
Letters from Milford Haven from the lieutenant of Ireland, giving the house an account of his proceedings, and the readiness of his forces.
Upon a report from the council of state, and letters to them 419 from the lieutenant of Ireland, concerning major-general Monk's making a peace with Owen Hoe Oneal, which the council disapproved, and reported to the house to know their pleasure therein.
Major-general Monk was called into the house, and asked Monkques- several questions by their order, which he answered at the bar of the house touching that business. After a long debate of it, the house upon the question passed this vote, that they Vote, did disapprove of what major-general Monk had done in concluding a peace with the grand and bloody Irish rebel Owen Howe Oneal, and did abhor the having any thing to do with him therein ;
Yet are verily persuaded that the making the same by the said major-general Monk was in his judgment for the most advantage of the English interest in that nation ; and that he shall not be further questioned for the same for the time to come.
G 2
84 MEMORIALS OF THE ENGLISH AFFAIRS
Order that the report of the council of state, the ques- tions demanded of major-general Monk, with his answers and the votes of the house thereupon, be printed and pub- lished.
Major-general Monk was much discontented at the pro- ceeding in this business in relation to him, especially at some passages highly reflecting upon his honour and fidelity.
And it was the opinion of divers, either not at all to have questioned this business, or having once questioned it, not to have employed him any more in their service.
But the major part carried it thus, to beat him, and after- wards to stroke him, which some did think was never for- gotten by him.
11. The house sat not.
Dublin. Letters from Dublin to the house and to the council of state, that the first of August the enemy began his approaches near to the town, that Ormond, Preston, and the chief of their army, were that night at a work begun eastward of the city upon the sea, to hinder the landing of the forces and supplies expected from England, and had cut off much of their water and forage.
That the second of August colonel Jones, Reynolds, and the rest with him, discovered a party of the enemy drawn to their new work, about fifteen hundred foot, besides horse : they thought fit speedily to remove them, and advanced to- wards them with the greater strength, twelve hundred horse and four thousand foot, because they were within a mile of the camp, from whence they might have what supplies and addition of force they pleased.
Ormond That the parliament party soon entered the enemy's new routed. wor^ yet not without a strong dispute; and most of Or- mond's foot there were slain and taken, their horse having deserted them after the first charge.
That Jones and his party pursuing their advantage, be- came at last engaged with Ormond' s whole army, which after two hours' fight they totally routed. That they slew on the place and in the chase four thousand, and took two thousand five hundred and seventeen prisoners, most of them Inche- quin's English and runaways. That they got one whole cannon, three demi-cannons, one long gun carrying a ball of twelve pounds, one sakerdrake, and one mortar piece, all of
IN THE YEAR MDCXLIX. 85
them of brass, some train carriages, and about two hundred draught oxen for the train.
That the strength of the enemy was since acknowledged to be nineteen thousand. That Ormond narrowly escaped.
That of the parliament's party there were not twenty missing, but many wounded; the greatest loss fell on the horse, wherein Jones's regiment did much suffer, which he desired might be considered.
That Jones intended not to have engaged so far, nor did Ormond expect it, but would have declined it, reserving themselves for the coming up of Clanricard with three thou- sand Connaught forces, and of the laird of Ardes with seven thousand Scots, all ready for marching, and of Inchequin, with two more regiments from Munster.
That there never was any day in Ireland like this, to the confusion of the Irish, and raising up the spirits of the Eng- lish, and restoring their interest, which from their first foot- ing in Ireland was never in so low a condition as at that time, there not being any one considerable landingplace left for them, but Dublin only, and that almost lost.
Captain Otway, who brought this intelligence to the coun- cil, and did gallant service in the action, did bring other letters to the same purpose, and which did further relate, that Ormond was at tables in his quarters when the first news came of the beating up of his guard, and answered the messenger, he wished the rebels would come, that they might have some sport with them, and so went on in his game.
But a second messenger bringing news of the routing of his party, he left his play, and got two or three regiments to engage, but they being defeated he and the rest fled.
That colonel Reynolds after he had taken Ormond's bro- ther threatened to pistol him if he would not show him Ormond, which he did at a distance, with about seven horse in company.
That colonel Reynolds and captain Otway pursued them, and came so near as to charge them, and brought one of them, a Frenchman, off with them, but the rest, with the mar- quis, being well horsed, escaped.
That the plunder of the field was so rich, that the camp was like a fair ; cloth, silk, and all manner of clothes to be
86 MEMORIALS OF THE ENGLISH AFFAIRS
sold; and at Dublin, the officers did not know their own soldiers, they were become so gallant ; they had good store of wine, which they drank in their hats, knocking out the heads of the vessels.
That they took Ormondes cabinet, with his letters and papers of concernment, and divers prisoners of quality, be- sides six lieutenant-colonels, eight majors, forty-one captains, fifty-eight lieutenants, forty -two ensigns, and a great number of other officers, and two thousand one hundred common soldiers.
That the enemy at their marching off had quit several gar- risons ; that a day of thanksgiving was appointed at Dublin for this victory ; after which, colonel Jones and the rest in- tended to march out again.
13. The house did not sit.
Scotland. Letters from Scotland, that the general assembly there had published a remonstrance or declaration of the grounds of their late proceedings, and of their intentions for main- tenance of the government, settling church discipline, and keeping good correspondence with England, &c.
Monk. Much labour was by major-general Monk's friends for the
clearing him from the reflection upon him by his cessation with Owen Roe Oneal, for which end they caused the articles of that cessation to be printed and published, together with the reasons which induced major-general Monk to make that cessation :
Yet all would not serve, but it stuck with many to his
420 prejudice, who both suspected colonel Monk's fidelity, and
sharply inveighed against any peace made by those of the
parliament's party with the bloody and execrable Irish rebels.
14. Upon reading the letters from Dublin in the house, they ordered a day of public thanksgiving for that great victory.
That an act be brought in for settling loooL per annum land upon lieutenant-general Jones and his heirs; that thanks be sent to him and the rest for that good service. Jones. That the council of state prepare the letter of thanks to be
signed by the speaker, and do take into consideration the request of lieutenant-general Jones for continuing sir George Askue vice-admiral of the Irish seas.
That it be referred to the trustees for sale of the king's
IN THE YEAR MDCXLIX. 87
goods, to choose six of the best horses in Tilbury race for lieutenant-general Jones, as a gratuity from the house.
That 200/. be given to captain Otway who brought the letters.
The petitions of the brewers referred to the committee of excise, and they to bring in a new model for the excise.
The act passed for the more speedy collecting of the ex- cise.
Order for some pensions to be continued to soldiers' wives ;
And for some scandalous pamphlets, and their authors to be examined and punished, and that Mr. Caughton, a London minister now in prison, be discharged.
Letters from Chester that Ormond was rallied to twelve thousand men, and had taken in some forts.
Letters from Cardiffe, that divers of the lieutenant of Ire- land's soldiers went away from him.
That colonel Cook's regiment was in a great mutiny at Minehead, and many of them went away, but the captain appeased the mutiny, and forced his men on shipboard.
15. A petition of the earl and countess of Thommond, touching a debt from the earl of Peterborough, referred to a committee.
An act passed for settling 2ooo/. per* annum upon the lord president Bradshaw, another for iooo/. per annum upon colonel Martin out of Eynsham.
Another for 2ooo/. per annum upon major-general Skippon.
The act published for the composition of the delinquents of North Wales for 24,000^.
Letters from Ireland, that the parliament having sent some corn and two hundred soldiers to Londonderry, and two of sir Charles Coot's brothers being come to him with seven hundred horse, he sallied out of the town, and scoured the country for seven miles on all sides of the city, took many cows and prisoners, and killed all whom he found in arms^ then returned to Derry.
16. A petition from the general and his council of officers Petition. to the house, praying first,
1. That all penal statutes formerly made, and late ordinances, whereby many conscientious people are molested, and the propaga- tion of the gospel hindered, may be removed.
2. That it is not their meaning, that the liberty desired by them
88 MEMORIALS OF THE ENGLISH AFFAIRS
should extend to the toleration of popery, prelacy, the Book of Common Prayer, public scorn and contempt of God and his word.
But desire that all open acts of profaneness or drunkenness, swearing, uncleanness, and the like, be vigorously proceeded against and punished in all persons whatsoever.
3 . That upon the sense of the late great mercy in Ireland, they would extend favour to those in restraint who have formerly served them and this nation against the common enemy,, and for the future all disturbers of the public peace to be vigorously proceeded against.
4. That speedy consideration may be had of the great oppressions, by reason of the multiplicity of unnecessary laws, with their intri- cacies and delays, which tend to the profit of some particular men, but much to the expense and damage of the whole.
Answer. Colonel Goffe and Pride, and other officers who presented this petition, were called in to the bar, and the speaker by command of the house gave them thanks for their constant good affections, and in particular for this petition ;
Acquainting them that the house had the things desired already under consideration, and that this petition should hasten the granting the same with all possible speed and con- venience.
Votes. Then it was voted, that all penal statutes and ordinances,
whereby many conscientious people are much molested and the propagation of the gospel hindered, may be removed, and referred to the committee for bringing in an act for ease of tender consciences, to bring in the act according to this de- bate.
And referred it to a committee, who are to bring in an act of pardon, to comprise herein the three proposals of this petition.
And referred to the committee concerning the laws of the land, to consider of the fourth proposal of this petition.
The act passed for paying 3500^. to the widow of Mr. Blackstone, a member of the house.
An order for Mr. Hall, attorney of the duchy, to have the privilege to plead within the bar.
The like order was made for Mr. Steele, and also to be freed from his reading.
Order that Mr. Stevens, a member of the house and a common lawyer, be made judge of the admiralty ; for which place he was not very fit.
IN THE YEAR MDCXLIX. 89
A declaration and narrative passed of the grounds and reasons for setting apart a day of public thanksgiving.
17. Debate of the act for payment of the arrears of colonel Thornhaugh deceased.
Order for the sergeants' men to disperse the copies of the act for the thanksgiving day, and referred to the council of state to consider how the house may be eased of this trouble for the future,, and to give order for the dispersing of papers upon the like occasions.
The accounts of colonel Willoughby referred to be audited.
A petition of mariners referred to a committee.
An act passed for settling loooL per annum upon lieute- nant-general Jones.
Order for an act to settle 500?. per annum, out of the Irish Sir Charles rebels' lands, upon sir Charles Coot.
An act passed for the payment of the arrears to the Eng- lish officers in Ireland, for their former services in England.
The house adjourned for three days.
18. Letters of confirmation of raising the siege before Londonderry by sir Charles Coot's brother, in which service many of the enemy were taken prisoners, and divers slain.
Letters from Chester, that colonel Jones was again gone out of Dublin to besiege Drogheda, that Ormond had dis-42i mounted most of the Irish for not fighting, and had turned all the English out of Trym-castle.
That the lord-lieutenant of Ireland was embarked with his army.
The house being adjourned, Mr. Speaker, my brother com- Chancery, missioner Keeble, Mr. Chute, Mr. Adams, Mr. Steele, and I, by appointment, met in the morning at Mr. Attorney Ge- neral's house, where we conferred together about the making new rules for reformation of the proceedings in chancery, and agreed upon some general points, which we referred to some of the company to draw up into form.
Mr. Attorney, as was usual with him, gave us great enter- tainment at dinner; and in the evening I went to bed to Sion-house, which the earl of Northumberland freely lent me.
20. Letters to the council of state of the embarking of the Irish let- lieutenant of Ireland on Monday last, and of commissioner- ters* general Ireton on the Wednesday after, with a great fleet,
90 MEMORIALS OF THE ENGLISH AFFAIRS
that nevertheless they left three regiments behind for want of shipping.
That the English ships were very forward for the voyage, and so were the Flemish bottoms when their money was punctually paid them.
That no provision was wanting for the transportation of this army ; and there is a considerable stock of money, with plenty of ammunition ; that the soldiers, whilst they were on shore, behaved themselves very civilly, and paid for what they took, and any that were debauched were severely pu- nished ; that there was much seeking of God by prayer for a blessing on them.
Letters, that the cavaliers endeavoured to raise differences betwixt the two nations, but since the news of the late defeat in Ireland they are very still.
Morrice Letters from York, that one Morrice and one Blackston
stone were arraigned before baron Thorp and judge Puleston for
levying war against the kingdom ; they pleaded Not guilty,
but desired, as they were martial men, that they might be
tried by martial law, which was denied to them.
Morrice at last said, he would be tried by God and the country, and seventeen 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 Lan- caster, the difference of which from his case was showed by the judges.
Then he produced a commission from the king when he was prince : the judges told him that the prince was a sub- ject as well as he, and must be tried 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 pre- cedent was never before known.
He desired to have a strong guard, saying, Let me be damned if I escape ; but it was denied, so was a copy of his indictment, and to have council, or to be exchanged.
He and Blackston were both condemned.
Letters from Chester, that lieutenant-general Jones, having put Dublin into a good posture, was marched forth with one thousand horse and three thousand foot, and sat down before
IN THE YEAR MDCXLIX.
91
Tredah; that Ormond executed many for runaways; 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 Inchequin's horse and others that betrayed him, and ran away; and Inchequin, by his letters to the prince, com- plained against Ormond for fighting when he was gone from him with two thousand horse; that Ormond dissuaded the prince from coming into Ireland.
21. The house sat, and received letters from the lieutenant Tendercon- of Ireland of his then being setting sail for Ireland, and of- SC1 fering to their consideration the removal of penal statutes
that enforce 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 moneys for the maimed soldiers, and about disbursements for disbanding soldiers.
The house was acquainted with divers papers taken in a Frenchman's trunk at Eye, 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. Attorney -General to make a further ex- amination of this business, and report it to the house.
Some sent to seize books of lieutenant-colonel Lilburne, Lilbume. newly printed, were persuaded 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 forty ships.
That commissary-general Ireton, with about sixty 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.
92 MEMORIALS OF THE ENGLISH AFFAIRS
The arrest of a member of the house (not one that sat) was referred to be examined by a committee.
An act passed touching plantations about Florida, near Virginia.
Complaints. 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 the Turks come to relieve them they will join with them.
Reasons against the arresting of men's persons were pre- sented to the members of parliament.
I sent out my keepers into Windsor forest to harbour a stag to be hunted to-morrow morning, but I persuaded co- lonel Ludlow that it would be hard to show him any sport, the best stags being all destroyed ; but he was very earnest to have some sport, and I thought not fit to deny him.
23. The arrears of the fee-farm rents of Carlisle remitted by the house.
French The king of France had prohibited all trade with England :
the English merchants took this as a breach of the league,
and thereupon addressed themselves by petition to the council
422 of state, desiring them to report this matter to the house.
Votes. The council 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 linen 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 council of state to bring in an act contrary to these votes.
Lieutenant Letters, that when the lieutenant of Ireland landed at of Ireland. Dublin he was most heroically entertained with the resound- ing echo 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 die with him.
IN THE YEAR MDCXLIX. 93
That the next day after the raising of the siege of London- derry, sir Charles Coot summoned the garrison, that was near to it, in the possession of the enemy ; and that within two days the new fort, Slogh- castle, and other forts, were deli- vered up to him, with the ammunition and artillery, all upon quarter.
My keepers did harbour a stag. Colonel Ludlow, Mr. Oldesworth, Mr. Thomas, and other gentlemen, met me by daybreak. It was a young stag, but very lusty, and in good case. The first ring which the stag had led the gallants was above twenty miles.
24. Order for 2ol. for the burial of Mr. Powel, a reduced officer.
A letter from sir Charles Coot to the house, that Charles Ireland. Coot his brother had concluded a peace with major-general Row O'Neal ; and his reasons for the doing of it were for preservation of the garrison of Londonderry and the Eng- lish interest in those parts.
After reading of the articles, and a long debate, ordered, sir Tho. that a copy of a declaration of the house, upon major-general ot> Monk's joining 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 vigi- lancy of sir Charles Coot in preserving the English interest in Ireland, and holding out Londonderry against the Scots.
They referred it to the council of state to take care for the sending of these votes to sir Charles Coot, and for re- lieving him with provisions and ammunition.
Order for icol. to Mr. King, who brought the letters from sir Charles Coot, for his good services.
Referred to the council of state to examine the business of captain Kesar, mentioned in sir Charles Coot's letter, and to send for and secure him if they find cause.
25. By vote the house declared, that all such English and Vote. Scots, and all others, that have engaged for the parliament
of England in the nation of Scotland, and have revolted frorn^. that service, and all such as have or shall adhere unto or join with Charles Stuart (eldest son of the late king) in that na- tion, are traitors, and shall have their estates confiscated, and their persons proceeded against by martial law.
94 MEMORIALS OF THE ENGLISH AFFAIRS
Order for these votes to be printed and published, and a copy of them to be sent to the lord lieutenant of Ireland.
Order to forbid proceedings in the composition of the earl of Derby, because he holds the Isle of Man against the par- liament.
Speaker By two printed papers, and three letters to the committee
taxed. Q£ ^e army for discovery of criminal oifenders, Mr. Speaker
was taxed for an ill member, and that he had conveyed a
great sum of money to the king, and matters of falsehoods
and breach of trust are charged on him.
Army. Upon the order of the general, the officers of the army
certified under their hands, that they never examined any matter touching the speaker, nor had any order from his ex- cellency for that purpose to authorize it :
That they find the same business had been judicially heard before a committee of parliament, and by them reported to the house, who declared those complaints raised and prose- cuted false, malicious, and scandalous against the speaker, and that exemplary punishment be inflicted upon the prose- cutors.
The officers of the army conclude their certificates, that they humbly conceive the said information, raised and pro- moted since the judgment of the house as aforesaid, was a practice to bring an odium upon the speaker, who hath so highly merited from the public.
An advertisement published, that if any countryman be injured by the soldiers taking of free quarter contrary to the act, that upon complaint to the judge advocate of the army, and proof thereof made, he shall have satisfaction out of the pay of the soldier, and protection from the army.
27. The house sat not.
Letters from Dublin to the council of state of some cor- respondence betwixt the governor of Tredah and lieutenant- general Jones, and that Ormond came thither with fifteen hundred horse and two thousand foot ; that Owen Roe O'Neal, conceiving that he had merited from the parliament, desired a convoy for his men to serve the Spaniard, but nothing was granted.
Letters, that the Scots army was full of malignants, and the nation full of fears; that nothing will give satisfaction
IN THE YEAR MDCXLIX. 95
there but the king's putting malignants from him, and grant- ing the particulars of the covenant.
Letters from Mr. Peters to the council, giving them an account of the fleet's setting sail for Ireland, &c.
Lieutenant-colonel Morrice, governor of Pontefract-castle for the king, was executed.
Letters, that five men of war, wearing the Scots colours, set upon five ships of the parliament's, killed four of their men, wounded eighteen, and did much prejudice to the ships.
The governors of the new corporation in London for set- Poor, ting the poor to work sent their warrants, requiring the churchwardens and overseers of the poor in every parish to return the names to them of all such as are able to work, and have not means to maintain themselves, and of all who are not able to work, and want livelihood.
28. Order for such as neglect to take out discharges upon their compositions for delinquency to be taken into custody.
The act passed prohibiting the importing of any wines, wool, or silk from France into England or Ireland.
An act passed for admitting the purchasers of bishops' lands to pay the whole purchase money by Weavers'- hall bills.
Another act passed touching the second 40,000^. charged on