The Diary of Thomas Burton
3 February 1658-9

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History of Parliament Trust

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John Towill Rutt (editor)

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1828

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45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65

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'The Diary of Thomas Burton: 3 February 1658-9', Diary of Thomas Burton esq, volume 3: January - March 1659 (1828), pp. 45-65. URL: http://www.british-history.ac.uk/report.aspx?compid=36898 Date accessed: 20 April 2014. Add to my bookshelf


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Thursday, February 3, 1658.

I came not till prayers were done, and I found the House engaged in a debate about Colonel Overton's (fn. 1) imprisonment, upon a petition and printed paper presented at the door by his sister. Upon this, it seems Mr. St Nicholas had moved, and was seconded by Henry Neville and Sir Arthur Haslerigge; and it was strongly urged by them all, as a great breach of the liberty of the subject, so long and much fought and contended for, and so dearly purchased.

Lord Fairfax, Colonel Morley, and young Mr. Porter, came into the House, and were all sworn together.

Mr. Waller, a member for Scotland, was made Serjeant at Law, so that he could not attend the chair of the Committee of Privileges.

Sir Arthur Haslerigge moved, that Lord Chief Justice St. John waited at the door, and so took Captain Baynes down.

The Lord Chief Justice was called in, and said, in obedience to this House he had brought a transcript of the record, which was examined, as also a rule.

Mr. Reynolds called for the Report, and moved that it might be postponed till Overton's business was over.

Captain Baynes. The unhappy wars have made us neglect our liberties. I hope we shall be more tender. It may be the gentleman has deserved his imprisonment. There was no judgment against him for perpetual imprisonment.

Mr. — moved, that he being reduced to straits by his imprisonment, have part of the contribution upon the fast day; but it was rejected.

Mr. Knightley. If this gentleman be nocent, why was he sent away and not brought to trial? If innocent, the judgment is unjust to detain him.

Mr. Starkey and Mr. Fowell. The question is not ripe for your judgment, unless the gentleman had first appealed to the Courts of Justice for a habeas corpus. It does not appear that has been denied.

Mr. Reynolds. The liberty of the people ought to have festinè, remedium. This is a habeas corpus that you are about. Jersey is part of France; (fn. 2) so it is a moot point whether a habeas corpus lies. Alured was kept twelve months close prisoner, and brought to a court martial, and after that, six months kept close without receiving a letter so much as from his wife. (fn. 3)

Resolved, that the Governor of the Isle of Jersey, or whoever has the custody of Colonel Overton, do bring him to this House. (fn. 4)

Colonel Alured moved for the Commissioners of the Admiralty to send a frigate for him, for fear of pirates. He cannot come without danger.

Mr. Trevor. This is to triumph before the victory, to send a frigate for him.

Colonel Okey. When Burton and Prynne (fn. 5) were sent for, they could not pass, for pirates.

Mr. Neville. This person is a fit person for conduct, (fn. 6) and the Spaniards may take him prisoner, and make good use of him. I would have a good strong frigate.

Mr. Reynolds. This gentleman was brought from Scotland hither, and sent to Jersey in a frigate. It is a good prison.

Mr. Harrison. Burton and Prynne were wronged persons. It appears not but that this gentleman is criminal.

Sir Arthur Haslerigge. I am sorry to see this business stick. I hear it said there are others in his case.

He wagged his head; Lord Fairfax sat next him, and I suppose it was meant of the Duke of Buckingham. (fn. 7)

Colonel Cromwell took exceptions that Sir Arthur Haslerigge should so often také notice that so many young men were in this House. It was a great honour to them that they were sent by their country here.

Sir Arthur Haslerigge said, he did not name young gentlemen.

Colonel Cromwell said, he did say so; and so was the sense of the House.

Mr. Bodurda moved, that the Commissioners of the Admiralty and Navy accommodate the Governor, or whoever has custody of Mr. Robert Overton, with a frigate for the better and securer bringing of him.

Mr. Steward seconded it, and it was resolved accordingly.

Mr. Scot. I move that Colonel Gibbons, being Governor of Jersey, and here present, take notice of it.

Colonel Gibbons answered, he was in his Captain's custody, but agreed that respondet superior, he must answer for all at his peril. (fn. 8)

Mr. Knightley stood up to make a report from the Committee of Privileges, which, per the orders of the House, ought to precede.

Mr. Robert Reynolds moved to Mr. Neville's business.

Mr. Knightley went on and said, Mr. Serjeant Waller was in the chair, but being this day to take his order of Serjeant, could not attend.

The report was touching a double return for Rising, in Norfolk, wherein Mr. Fielder was returned by the Mayor.

Mr. Bodurda. From the bar all reports ought to be made. I would not have young gentlemen misled, which I hear often said.

Sir Walter Earle and Sir Arthur Haslerigge. One may report where he please. He must go down to the bar and make his three legs; (fn. 9) but if he can get so near the chair, that without handing it by another, he may deliver it to the chair.

Sir Arthur Haslerigge. It matters not whether the Mayor or Burgesses return, the Sheriff must answer for all. It is no good return, merely because it has the Mayor's seal. I would have satisfaction for the reporter, about the right.

Captain Toll. The borough of Rising is not within Norfolk, but a borough by prescription. I was present at the election. The return by the burgesses had twenty-five, the other but nine. So I am against the report.

Mr. Steward. This gentleman speaks to the merits. You are now upon the return.

Mr. Starkey. The Burgesses' return is the better return.

Sir Walter Earle. Admit the member to sit, de bene ease, and examine the merit afterwards.

Mr. Turner. A double return is where the proper officer makes a double return. This is a borough by prescription; then no head. Admit they have submitted to an incorporation, yet to have a mayor or bailiff, this does not out the right. Lord Coke says so. As to the election of Burgesses, I would have it re-committed.

Mr. Hobart. The precept was directed to the Mayor, and so it appeared to the Committee.

Mr. Bodurda and Mr. Trevor. Let not this have harder measure than the rest in such case.

Mr. Scawen. It is not parliamentary for the Clerk to read the report. Your chairman should, by word of mouth, report, and then only read the resolutions of the Committee.

Resolved, that John Fielder and Guibon Goddard are duly returned.

Resolved, that the indenture by which Robert Jermy and Guibon Goddard are returned, be withdrawn. (fn. 10)

The transcript of the record between Neville and Strowde was read. (fn. 11)

August 20, 1656. Action in the case laid. Recites the Instrument of Government, and the Indenture for return of the other parties. Trumbull (fn. 12) returned, first of the five knights of Berkshire. Damages 2000l. Damages assessed, besides costs, 500l. Costs 20s. (fn. 13) Arrest of Judgment moved, June 26, 1658. Ordered by Rule, that it be transcribed and sent to the House. Hide and Seys. (fn. 14)

Mr. Neville. I should be exceedingly sorry to trouble you with any business of my own; but the wrong is to you, and comes doubly before you, both as it is your privilege, and as recommended to you from the Judges.

I had recourse to the 23d Hen. VI., and brought an action; but withdrew it, because another kind of Parliament was provided for by that statute. I had good counsel to bring my action at Common Law. You are the true father, the child is brought to your door. The reverend (fn. 15) Judges find it a case of new impression. If you please, make an end of it now. If you turn from it, it will come before you again by writ of error.

I move for a day to be appointed for hearing counsel on both sides.

Mr. Starkey. I doubt not but you will be as tender of all men, as you will be of your members. The Sheriff is my countryman. Here is both matter-of-fact and law. I would have a day appointed to hear counsel on both sides.

Mr. Turner. A case of that weight is of first impression to you, as well as to the Judges.

There are two points.

1. Whether an action of this nature lies at Common-Law.

A declaration in the preamble of the statute, no remedy at Common Law; therefore the statute appoints a penalty.

The 2d doubt. The thing in its own nature concerns you. The matter-of-fact is clear, but the judgment is with you. I would have the debate adjourned till Saturday morning, that we may look into our books.

Mr. Reynolds. I move for this day se'nnight. None will go so hastily to a judgment.

Mr. Bernard. I move for a day after term, that counsel may attend.

Mr. Neville. If this curb, by the verdict, had not come in, it is likely you had not been here in such a free Parliament. (fn. 16)

Mr. Knightley. I move for Tuesday next.

Sir William Wheeler. A scire facias ought to go out to the defendant; but I would have you first resolve whether you will take the judgment upon you yourselves.

Mr. Pedley. This is not a privilege that now concerns you, other than for public example. This is now between party and party. I would have it postponed for a month, and the Judges to inform you of the whole matter.

Sir Arthur Haslerigge. This is no private business. The Judges think it to be a business that concerns your privileges. I would have it put this day se'nnight.

Mr. Bodurda. This is indeed a public business. I would have no counsel at the bar, which is only admitted in private business. In the case of ship-money it was said counsel was appointed, (fn. 17) but the Parliament was dissolved first, (fn. 18) ere it could be heard. I would rather hear the Judges.

Lord Lambert. This is both public and private business. I would have counsel heard on both sides, at a short day. There is a great prejudice from double returns, which Sheriffs make for fear of actions. They know not what to do in some places, and in others, there are petty designings.

Sir Walter Earle. I would have counsel to be heard in the business, but not to the jurisdiction of this Court.

Mr. Steward. This is a special action. This case never happened before, and can never happen again. The consequence cannot be to your prejudice; which way soever it go. I would have counsel heard on both sides.

Resolved, to hear counsel in this case, on both sides, this day sennight.

Sir Arthur Hoslerigge. I made you a short motion yesterday, and was put out. I find somewhat in a book. I bought, entitled his Highness's speech. (fn. 19) There is in it matter of great concernment and inconveniences, lest the misthe chief, after warning, be said to be yours, if you have notice given, and do not prevent it.

1. This Parliament was summoned upon such great, important affairs as the like was never; I believe it.

2. The reason why. We have so many enemies within and without, and if your care and wisdom be not very great, evil may come. And that lies upon you, to improve your wisdom, to secure yourselves against such, expressed to be implacable enemies. The means are left to yourselves.

3. You have the best army in the world. If they were not so, you would have heard of great inconveniences by reason of great arrears. I believe the best army that ever was in the world. I bless God for it. I hope it will manifest itself so to the world. We raised them here. I moved it. We voted all the Colonels and Commanders in Chief. This noble Lord that sits by me, Lord Fairfax; I bless God that he, having received so many wounds, now sits on my right hand. If we should not take care of the best army in the world we were to blame. I shall speak for them, now I have liberty. I am sorry they are come to necessity. When your Speaker was taken out of the chair, (fn. 20) there were 100,000l. in coin in Ireland, and as much in London, ready coined. The matter of arrears is left to your care. I am glad it is so. It rejoices my heart that we are not likely to leave posterity in a worse condition than we found them before.

I shall speak to the war with Spain afterwards.

It is said it concerns you to be in a posture of defence. You never had such a fleet as in the Long Parliament. All the powers in the world made addresses to him that sat in your chair. Lord Fiennes declares that you shall have an account of all your affairs. (fn. 21) I would have a Committee appointed to inquire into this, concerning army, navy, money, and all things. I refused to pay taxes not laid by Parliament. My oxen of value sold for twenty and forty shillings a-piece. I would have all the names of your officers, with an account of that money. There should be two Committees, but not too numerous. (fn. 22)

Colonel Birch. The honourable person, my honoured friend, has well moved you for a Committee. I wish the former part of his speech had been left out, as to the Long Parliament. Give me now leave to account to you how I left it. I was one of those who was put out. (fn. 23) There were then 100,000 men in arms, carried on with a small charge. We left 600,000l., and half as much out of compositions, Weavers'-hall money, Dean and Chapter lands, (fn. 24) and 120,000l. per month laid.

If that glorious time had continued seven years longer; if it had given the people that ease that was expected, it had yet stood.

The Protector says his interest shall be ours, to give peace both at home and abroad. That speech, if well looked upon, will satisfy all.

I would have a Committee to those ends. (fn. 25)

Mr. Starkey. I fear none of that money those gentlemen speak of, that they left, will now be found. To appoint a Committee, is very proper, but a work of time. They stand in need of some money. His Highness would not have told you of the arrears, had he had it in his treasury to pay them. We cannot redress past grievances. Other powers are to be consulted in raising of money as we are now, constituted. (fn. 26) First settle your foundations. Rest not upon an expectation of a return from your Committee, to supply you. (fn. 27)

Mr. Bodurda. First understand your consistency and construction. I would have you order the Commissioners of your Treasury, to bring in what remains on the foot of the account, since the last Parliament. The Petition and Advice requires it. I suppose they are preparing it. I should fear the Committee of the Army presenting their arrears. (fn. 28)

Mr. Secretary. I am glad to see this House entertain themselves with this consideration. I shall not look back at what is passed. If that were examined, I doubt you will find no such treasury, but rather great debts. Yet compare what sums were raised, and it is no more than might be expected.

I understand not the grounds of that commission, viz, the nomination of all the officers. We are now under another constitution.

The matter of your money, you may have an account of, which I suppose is all that is meant by this Committee. Se veral officers can acquaint you with the state of affairs. Instead of a Committee, I would have you appoint the several officers to bring you in these accounts. (fn. 29)

Serjeant Maynard. It is necessary in time to have an account by a Committee, but a work of time that will be. I would rather have the state of things from the officers, which is more proper and natural. Never could you get an account in Parliament, from whom received, and to whom paid. (fn. 30)

Mr. Knightley. I have never been a soldier, yet always was forward that they should have their due encouragement. That noble Baronet brought a good estate hither. The Secretary and Seijeant Maynard have well moved you. Committees are tedious. I would first have the officers bring in their seyeral accounts. (fn. 31)

Sir Arthur Haslerigge. I would have the wheels oiled, that we may go on cheerfully. I would have us plainhearted. I would have the names of the officers. If they be our army, they shall have the last drop of my blood. The militia is our militia. Shall not we ask to see their names again ?

We may vote such powers as to put us to fight all our cause over again. This must be spoken to, fully. Laying foundations, we shall unsettle as well as settle, and bring blood instead of power.

Mr. Trevor. The peace of this nation is more concerned in looking forward than backward. The question is narrow, whether you will have an account of your monies ? I hope it is not intended, you should alter your constitution.

Mr. Scot. If you call not arrears looking backward, I know not what is looking backward. (fn. 32)

He that reckons without his host, or pays without a reckoning, is either very rich or very weak. See your charge first, and then you can the better estimate what to provide.

I am sorry we have any war. I would have your army encouraged. I would have a Committee, as moved.

Sir William Wheeler. A true saying, the people is the purse of the nation. Accounts are always given by the Commissioners, but Committees are tedious. I would have the officers give you an account of all. I move, that they deliver in their accounts on Monday sennight, and swear they keep their books in a good method. (fn. 33)

Mr. Scawen. I would have an account of your strength, of your charge, and of your treasure.

Resolved, that the Commissioners of the Treasury be required to deliver into this House, on or before Monday sennight next, an account of the state of the treasury within and under their survey and jurisdiction.

Colonel Parsons. I move for a list of your officers, to know your strength.

Mr. Neville. This question is not largo enough to hold your debate. It is moved that you may know your strength. I would have a Committee to examine the whole business.

Mr. Knightley. If my bailiff should bring me an account of 2000l. spent this year, and say not to whom, I should take it as a lame account.

Mr. Weaver. It was told you by the Protector, that is now in heaven, that you should have an account last Parliament, and he died before you could have it.

Mr. Manley moved to change the word "require" for "desire."

Mr. Hungerford. They are your servants, and require is most proper.

Mr. Reynolds. You must have another question. You must have a statement of your charge, as well as discharge. I move that, the same day, there be brought in a statement of the establishments of your Army and Navy.

Mr. Scawen. There are General-officers, Admirals, &c. Are not they fittest to give you an account?

Lord Lambert. It is fittest to receive an account of the state of your army and navy from the officers. Of the army you may have a certain account, but of your navy, only an estimate.

Mr. Raleigh. I would have it compared, your present establishment with what was your establishment.

Dr. Clarges. The Commissioners of the Treasury can give you an account of the estimate.

Mr. Secretary. Your first question comprehends, the latter. There can be no account of the establishment of your Navy, only an estimate. Yet, seeing you are inclined to it, let your question go on, that the officers do give you an account. Every account comprehends a discharge and a charge.

Resolved, that the Committee of the Army be required to deliver into this House, on or before Monday sennight next, the establishment of the Army of the three nations, as it stands now before them.

Mr. Reynolds. Your charge must be according to your danger.

Colonel Birch. It is not fit to bring your strength to such open examination. It is not fit to be discovered.

Mr. Hoskins. It is not proper to discover your strength, or your designs.

Mr. Jessop. The Lords of the Council (fn. 34) are not altogether capable to give an account of the charge of the Navy. They can give you a list. The Commissioners of the Admiralty and Navy can give an account of present and past charges and future estimates.

Serjeant Seys. I would not have our preparation laid open. Sever the questions; for with past or present, you may have an account.

Colonel Clark moved to leave out the last clause, as to the future estimate.

Resolved, that the Commissioners of the Admiralty and Navy, be required to deliver in to this House, on or before Monday sennight next, an account of the present charge, and of the debt now owing to the Navy. (fn. 35)

Mr. Bodurda and Mr. Starkey, moved that, for the Speak er's health and ease, the House be adjourned till Saturday, and that the fast be kept without the mace. (fn. 36)

The sense of the House was contrary, and some moved that it was never so.

The House rose at one o'clock.

The Committee of Privileges sat in the Star Chamber, Mr. Starkey in the chair. Adjourned to the House. All the day, till candle light, taken up in the business of Colchester election, between Major Stone and Barrington, chosen by the Mayor and Aldermen, &c., and Shaw and Johnson, chosen by the burgesses.

The question was, whether to go to judgment only upon the return, or upon the merits of the election ? It was resolved, twenty-eight to twenty-seven, that the merits should be debated, contrary to two resolutions of the Committee, the day before, in the case of Reading and Castle-Rising: Sir Arthur Haslerigge zealous in those, and slack in this." Kissing goes by favour."

Mr. Redding, in his speech to the Committee, called the Lord Protector Richard the Fourth.

Mr. Starkey would not declare whether the Yeas, or Noes had it, and was laughed at sufficiently for a quarter of an hour. He said he was not satisfied that the Yeas had it, and yet at last declared that he thought the Yeas had, contrary to his judgment. It was moved that a Clerk might read the petitions and papers; but denied: and the Chairman appointed to read them; else to leave the chair. The Chairman cannot leave it without leave.

The Committee adjourned till Saturday next, and then the business of Oxford to be taken up. (fn. 37)

Footnotes

1 " Major-General Robert Overton, prisoner in the Isle of Jersey." Journals. See vol. i. p. 357, note *.
2 The inhabitants of Jersey, though subjects of England, are governed by Norman laws, and their language is French." Crutwell.
3 This military officer, one of the victims of the late Protector's jealous and justly merited apprehensions, was, no doubt, Colonel Matthew Alured, a member in this Parliament for Heydon; who appears to have been actively engaged during the war, and who, according to Whitlock, after the restoration of the Long Parliament, was " appointed Captain of the Life Guard to the Parliament and Council." Memorials, (1732,) p. 681. Ludlow says: " The Parliament gave order for raising a troop of horse for their own guard, and gave the command of it to Colonel Alured, who had been a great sufferer on account of the Commonwealth, and very active for the restitution of the Parliament." Memoirs, ii. 670.
4 "Together with the causes of his imprisonment." Journals.
5 They were censured in the Star Chamber, and cruelly punished in 1637, with Dr. Bastwick. See vol. i. p. 372, note †. Prynne was committed a close prisoner to Mont Orgeul Castle, Jersey. "There," says Rushworth, " by an extra-judicial order, under the Archbishop's hand, the Lieutenant-general was commanded to suffer none but the keepers to speak to him, to intercept all letters that came to him, to permit him neither pen, ink, or paper, either to write to his friends for necessaries, or petition for relief." Hist. Col. (1706), iii. 301. Mr. Burton, a clergyman; was first imprisoned " in Lancaster Castle, none to come at him but the keeper, and denied the use of pen, ink, and paper." Thence" he was transported in winter to the Castle of Guernsey; his wife being prohibited, on pain of imprisonment, from setting her foot on the island." Ibid. To quote Dr. Johnson's jacobitical estimate of the patriotic resistance to Charles, well might "rebellion's talons seize: on Laud." Yet what an affectation of clemency, like the Inquisitor's, when consigning a victim to the secular arm, did the Archbishop express in the concluding sentence of his "Speech delivered in the Star Chamber," and printed (though only fifty copies) by the King's command,—" because the businesse hath some reflection on myselfe, I shall forbeare to censure them, and leave them to God's mercy and the King's justice." Lord Clarendon, (or those who prepared his papers for the press,) after a very unfavourable and uncandid representation of these sufferers, thus admits the distinguished respect which they attracted from the people. "Prynne and Burton landed at the same time at Southampton; (November 22) where they were received and entertained, with extraordinary, demonstrations of affection and esteem; attended by a marvellous concourse of company;. and their charges not only borne with great magnificence, but liberal presents given to them. And this method and ceremony kept them company all their journey, great herds of people meeting them at their entrance into all towns, and waiting upon them out, with wonderful acclamations of joy. When they, came near to London, multitudes of people, of several conditions, some on horseback, others on foot, met them some miles from the. town; very many having been a day's journey, and they were brought, about two of the clock in the afternoon, in at Charing Cross, and carried into the city by above ten thousand persons, with boughs and flowers in their hands; the common people strewing flowers and herbs in the way as they passed, making great noise, and expressions of joy for their deliverance and return; and in those acclamations, mingling loud and virulent exclamations against the Bishops, who had so cruelly prosecuted such godly men." History, (1705) i. 201, 202. It has been objected to the historian's florid style, in describing "this insurrection," as he calls it, that "there could be but very few flowers in the latter end of November." Biog. Brit. (1784), iii. 45.
6 Referring to his military skill.
7 The following passages from Whitlock will explain this speaker's reference:— "1657. Sept. 24. The Lord Fairfax his daughter and heir, was married to the Duke of Buckingham," of whose forfeited estate Lord Fairfax is said to have procured the restitution. "1658. Aug. 29. The Duke of Buckingham was apprehended, and committed to the Tower." Memorials, (1732,) pp. 665, 674. It was probably under the influence of his son-in-law, as well as of Lady Fairfax, that the brave General of the Commonwealth lent his aid to the treachery of Monk, and the justly-requited intrigues of the Presbyterian Royalists, which produced the unconditional Restoration. It is said, that he even condescended to provide his own charger for the use of Charles Stuart, on his public entry. This second Duke of the Villiers' family, the Zimri of Dryden, in revenge for the Rehearsal, and whose life and death Pope has immortalized, is perhaps little known as the correspondent of William Penn, who, in a letter to a friend in 1690, three years after the Duke's decease, thus accounts for such an improbable intercourse:— "Poor gentleman! I know not what the circumstances of that time might draw from me, but my only business with him ever was, to make his superior quality and sense useful to this poor kingdom, that he might not die under the guilt of mispending the greatest talents that were among the nobility of any country." Belfast Magazine, (1812,) viii. 82.
8 "Upon some petition or information of Colonel Overtoil's restraint in the Isle of Jersey, it was ordered that the Committee of the Admiralty and Navy shall be required to provide a good frigate forthwith to he made ready, to bring over the said Colonel Overton to the Parliament. Which sending in favour and honour of Colonel Overton, it was observed by the Court, and qualified thus: That the Committee, &c. shall be required forthwith to provide a good frigate, with accommodations convenient for to bring over the Governor of the Isle of Jersey, or his Deputy, with Colonel Overton, his prisoner, which was ordered accordingly." Goddard MS. p. 117. "The state of Major-General Overtoil's sad and deplorable condition," says Mr. Bethel, "was given at the door, and at the same time the House was petitioned, by his sister, for a hearing of him by the Parliament themselves, which was readily granted, two votes passing the same day, in order to it. "First, that his keeper should, with all speed, bring him, with the cause of his imprisonment, before the Parliament. Secondly, that a frigate should forthwith be sent to fetch him from the Isle of Jersey, where he was then prisoner. "The Court at Whitehall was troubled at these votes, but the army having a tenderness for their fellow-soldier, they durst not oppose it; the votes meeting in the House with but two negatives to. each."' Brief Narrative, pp. 335, 336.
9 See supra, p. 22, note *.
10 "Mr. Fielder, being returned, with myself, Burgess for Rising, by one Indenture between the Mayor and Sheriff, to which the seal of office was affixed, and myself and Colonel Jenny by one other Indenture, between the Parson and several other free Burgesses, and the Sheriff, (which indeed was rather a certificate than a return,) and Mr. Fielder's Indenture with myself returned by the Mayor, who was the head and principal officer, that return was adjudged good, and that the other Indenture shall be taken from the file, it being reported from the Committee, and ordered by the House. Whereupon, Mr. Fielder was presently sworn, and admitted into the House, and Colonel Jermy put to petition to the Committee of Privileges." Goddard MS. p. 117.
11 See it verbatim in the Journals.
12 Afterwards Sir William Trumbull, forgotten as a statesman, but remembered, such is the immortality which poets can bestow, as the earliest patron of Pope; who says, that their "friendship commenced at very unequal years. He was under sixteen, but Sir William above sixty." To Sir William Trumbull, Pope dedicated the first of those juvenile productions, the Pastorals, with great local propriety, as "Sir William was born in Windsor Forest," (at Easthamstead Park, now inherited by the Marquis of Downshire,) "to which he retreated, (in 1697) after he had resigned the post of Secretary of State to King William III., and where he died in 1716." His resignation is thus celebrated, while the grateful protegé fondly assumes that his patron, would he but "tune the lyre," as if fearless of "grand-climacterical absurdities," might even rival the nightingale. "You, that too wise for pride, too good for pow'r, Enjoy the glory to be great no more, And carrying with you all the world can boast, To all the world illustriously are lost! O let my Muse her slender reed inspire, Till in your native shades you tune the lyre: So when the nightingale to rest removes, The thrush may chaunt to the forsaken groves; But, charm'd to silence, listens while she sings, And all th' aëreal audience clap their wings." Such, in every age, have been the common-places of adulation with dedicators, in prose or verse, who frequently apologise for the intrusion on a patron's modest self-appreciation, before they proceed to inform him that he is every thing great and good. A remarkable instance of excessive praise, was furnished by an early Latin translator of Paradise Lost, Regained, and Sampson Agonistes; whom Bishop Douglas drew from obscurity, to expose the literary frauds of Lauder. William Hog, an indigent scholar, had found a munificent "friend to his distress," in Doctor Cox, whom he justly addresses in a dedication, as "Mæcenas mi dignissime;" acquainting him, probably to the surprize of the learned physician, that he might be either a Virgil or a Homer, whenever he pleased: "Æneidos majestatem et Iliados elegantiam æquare possis." See "Paraphrasis Poetica intria Johannis Miltoni viri clarissimi Poemata: Autore Gulielmo Hogæo." (1690) p. xi.
13 "The jurors assess the damages of the said Henry Neville, besides his costs and charges, by him, about his suit in this behalf, extended to one thousand and five hundred pounds,—and for those costs and charges to twenty shillings." Journals.
14 "Hilary Term, 1658. Neville, Esquire, against Strowde, Esquire. January 26th. Upon hearing of counsel on both sides, it is ordered, that a transcript of the record in the cause between the said parties, and hereunto annexed, be delivered unto the honourable House of Commons, in Parliament assembled, for their resolution therein; this Court doubting whether they have cognizance of this cause, being grounded merely upon the Common Law, of which they find no precedent; and wherein the privilege of that House, in determining the due election of their members is concerned. "By the Court. "Mr. Serjeant Hide, for the Plaintiff. "Mr. Serjeant Seys for the Defendant." Journals.
15 This term is now, I believe, confined to the other robe; the long robe, through all its gradations, being only learned. It appears to have been otherwise in the age of this Diary. I have now before me, printed in 1651: "A Perfect Abridgment of the Eleaven Bookes of Reports of the Reverend and Learned Knight, Sir Edw. Cook, sometime Chiefe Justice of the Upper Bench."
16 Mr. Neville's case, between him and Strowde. Mr. Neville himself did move it, but modestly enough, and then withdrew." Goddard MS. p. 118.
17 See vol. i. p. 407. Rushworth mentions," April 30, 1640, the Commons being turned into a Grand Committee concerning Ship-money, and the records where the judges' opinions were entered, being sent for." Hist. Col. (1706), iii. 152. "A Resolution of the Commons" followed "that the King's counsel may be heard there, as soon as they are ready, concerning the lawfulness of it, with other matters relating to that enquiry." Parl. Hist. viii. 458.
18 "May 5," says Rushworth, "Secretary Windebank went early to Mr. Speaker's House, with a command to bring him to Whitehall. The Commons met, and the Speaker not coming, they concluded they should be dissolved. About eleven, the Usher of the Black Rod came for them, and the King, applying himself wholly to the Lords," at the conclusion of his speech, "bid the Lord Keeper do as he had commanded him; and Lord Keeper told the Lords and Commons, that his Majesty dissolved the Parliament." Hist. Col. iii. 156. Dr. Heylin, in an anonymous publication, acknowledged among his works, thus remarks on this hasty dissolution, the time and manner of which were so well calculated to sharpen the spirits of the popular party, and to bring a powerful democratic influence into the Long Parliament. "Most sure I am, that it was secretly muttered about the Court, the night before, that Hamilton had prevailed with the King to dissolve the Parliament; who, playing as he used to do, with both hands at once, did, with the one, pull back the Commons, by his party there, from all compliance with the King, and, with the other, thrust the King forward to dissolve that meeting: that, by this means, the King's affairs being more embroyled than they were before, he might confirm the Scots and confound the English, and thereby raise himself to the point he aimed at. "A sad and unfortunate day it was, and the news so unpleasing unto the author of these papers, whosoever he be, that being brought him by a friend whilst he was writing some despatches, it so astonished him, though he had heard some inkling of it the night before, that suddenly the pen fell out of his hand, and long it was before he could re-collect his spirits to return an answer." See "Observations on the History of the Reign of King Charles," (1656,) pp. 175, 176.
19 See supra, pp. 7, 11.
20 "On the memorable April 20, 1653. This plain allusion to the military outrage then committed by the late Protector, and which his quondam associates had never forgotten, nor could be expected to forgive, must have been very unacceptable to the present courtiers of Whitehall. Yet, see (vol. ii. p. 303) as an instance of freedom of speech used even in Oliver's Parliament, the proposal of honouring his Highness with "a rope," though a pretended lapsus linguœ. James Heath, author of "A Brief Chronicle," containing, says Wood, "innumerable errors," as "being mostly composed from lying pamphlets," was, also, the virulent author of Flagellum, now before me, (edit. 1662.) There I find him indulging, by the aid of the engraver, a pitiful rancour towards departed greatness, and no doubt he gratified "his sacred majesty," just restored "to his kingdoms," by prefixing a frontispiece, quite in the royal taste, in which "Oliver Cromwell, the late Usurper," is suspended by a rope. This writer, however, did not incur, like too many of his contemporaries, the disgrace of reviling the memory of the Protector, after having appeared, during the short period of his supreme power, among his most servile adulators. He "adhered to King Charles II. in his exile, till his patrimony was almost spent," and then "he was forced to write books, and correct the press, for bread to maintain his children." James Heath survived, and celebrated in 1662," The Glories and Magnificent Triumphs of the Blessed Restitution;" and such was his talent for amplification, that, on a theme so scanty, he produced "a large octavo." Athen. Oxon. (1692) ii. 226.
21 "You will receive a particular account, from those under whose survey and care those things are, of the state of the public revenue, and of the forces both by sea and land; your inward and outward walls, under God, and as good as any in the world. But as all things that are good are also costly, so can it not be expected but that the charge of them should be great." Parl. Hist. xxi. 279.
22 "Sir Arthur Haslerigge told us, that it did appear upon his Highness's speech, that we had the best army in the world, for not bringing in upon us those inconveniences, which an army in want is used to do. He conceived them to be the best army in the world, because they were raised by the Long Parliament and by himself, that he had spent much blood with them in the public service, and that the noble Lord, meaning the Lord Fairfax, that sat by him, had lost much more, and had, indeed, many wounds, and spent many pounds of blood with this army. Therefore, it must needs be good, very good; but he was very sorry they were in want. It was not so in the time of the Commonwealth. They had always one month, if not three months' pay beforehand. (See infra, p. 64.) It was high time to have an account of this. Soldiers must not be in want. Necessity will make them break through stone walls. "In the next place, the speech told us that we had considerable enemies abroad, and therefore it was high time that our forces be looked into, both by sea and land. Never such an army, and such a fleet, as under the Commonwealth, we were then in a flourishing condition, feared abroad and loved at home. "And, therefore, since it was declared by Commissioner Fiennes that we should have an account of our affairs, he moved for a Committee to consider how the condition of our affairs stands, especially with reference to our army and navy, and to consider likewise how our money and our treasure stands." Goddard MS. p. 118, 119.
23 One of the secluded members. Parl, Hist. ix. pp. 13, 29. See vol. ii p. 387 note *.
24 See vol. ii. p. 233 note
25 "Colonel Birch. The account of the proceedings of the famous Parliament might have been spared. But since it has been spoken to (by Sir A. H.) I am engaged to let you know how it was when I left it, as well as when he left it. There were 100,000 men, at that time in the army, and yet they were maintained with small tax, and it would have been accounted a most miserable burden to have laid a tax of 50,000l. per mensem. Yet we left 300,000l. in money (Weavers' Hall accounts) Deans' and Chapters' lands, and other delinquents' estates. And, if that glorious time had lasted but a little longer, we must have sold two thirds of our estates to have kept the third. "For the Protector's speech, which was delivered freely, and with his own inclination, it hath given great satisfaction to all, but I am for a Committee," &c. Goddard MS. p. 119.
26 See vol. ii. p. 457, note ‡.
27 "Starkey. Hath heard what treasure these two former gentlemen left, when they left their share in the government: but fears little is to be found there now. It will be a waste of time to consider how it hath been spent. "It is first fit to advise of the Constitution and foundation under which we now are, before we can consider of these things which are now propounded. Therefore, he moved it may be totally laid aside." Goddard MS. p. 119.
28 "Mr. Bodurda. We ought to meet in some consideration of the government, before we can consider of money." Ibid.
29 "Mr. Secretary seemed very glad the House was pleased to entertain themselves with this business. The necessities of the nation must be provided for, and supplied. Accordingly, to look forward will be more necessary for the peace of the people, than to tell what hath been done either in 48 or 53. He said, he was a perfect stranger to the great treasure that was left. "He understands not the grounds of the Committee for nominating officers. We are now under another Constitution. "But monies may be seasonable, and we may have an account of them, from the Commissioners of Admiralty and Army, who will be ready to observe all orders this House shall give them; and therefore he moved those officers might be made to bring account of all things within their charge." Goddard MS. p. 120.
30 "Seijeant Maynard. A Committee for looking into the state of the army is necessary to put us into a way and condition to supply it. But better first to send for the respective officers to give you an account how things do stand, and then to appoint a Committee." Ibid.
31 "Mr. Knightley. I agree with Seijeant Maynard, and that he hath put us into a better order; that the Commissioners of the Navy and Army, give us a true state of both, so that a supply may be cheerfully given. I never grudge a soldier his gains. If they be our army, they shall have the last drop of my blood; but if otherwise, we must consider. Sir, we must know that no Act of Parliament can bind the hands of another. It is necessary also we should know Our officers. They were raised by us, and must we not know them." Ibid. pp. 120,121.
32 "Mr. Scot. Something must be previous to this account. It will be necessary to look after the arrears; and, if they will forgive us, then we will pardon them." Ibid., p. 121.
33 "Sir William Wheeler. The Commons are the power of the nation. The Lords Commissioners in King James's time, brought, in the accounts and delivered them to you." Ibid.
34 This speaker was Clerk of the Council.
35 On the flippant assertion of "a young gentleman," one of the court party in the late parliament, (vol. ii. p. 396), I adduced some authorities to show how the Long Parliament had provided for the public service, and administered the nation'specuniary resources. It will not be unseasonable, especially with reference to some passages (supra, pp. 57,58,) which preceded the above resolution, here to add, from a contemporary, Mr. Slingsby Bethel, a testimony to their meritorious exertions, written during the reign of Charles II., though, probably, first published just after the Revolution:— "When this late tyrant, or Protector, as some call him, turned out the Long Parliament, the kingdom was arrived at the highest pitch of trade, wealth, and honour, that it in any age ever yet knew. The trade appeared, by the great sums offered then for the customs and excise; 900,000l. a year being refused. The riches of the nation showed itself, in the high value that land, and all our native commodities bore, which are the certain marks of opulency. Our honour was made known to all the world by a conquering navy, which had brought the Hollanders upon their knees, to beg peace of us upon our own conditions, keeping all other nations in awe. And besides these advantages, the public stock was 500,000l. in ready money, the value of 700,000l. in stores, and the whole army in advance; some four, and none under two months. So that, though there might be a debt of near 500,000l. upon the kingdom, he met with above twice the value in lieu of it." See "The World's Mistake in Oliver Cromwell," (1689,) p. 32. Such are the representations of a near and intelligent observer, no republican, nor "injured, or disobliged by Oliver;" of whom he says, "I can with truth affirm, I never received either good or evil from him in all my life, more than in common with the whole kingdom." Ibid. p. 53. Roger Coke, another contemporary and an anti-republican, after paying a forced homage to "the haughty and victorious Rump, whose mighty actions will scarcely find belief in future generations," thus proceeds— "To say the truth, they were a race of men, most indefatigably industrious in business, always seeking for men fit for it, and never preferring any for favour, nor by importunity. No murmur or complaint of seamen or soldiers employed by them, either by sea or land, for want of pay. In all the ports of England, during the Dutch war, money or credit was found to pay off the seamen, whenever their ships were designed to be laid up." Detection (1697), p. 363. Thus it appears, that the claim of desert which Ludlow advances for the Long Parliament, when just about to be interrupted by the military intrusion of Cromwell, may be fully justified. "This Parliament maintained a war against the Dutch, with that conduct and success that it seemed now drawing to a happy conclusion; recovered our reputation at sea, secured our trade, and provided a powerful fleet for the service of the nation. And however the malice of their enemies may endeavour to deprive them of the glory which they justly merited, yet it will appear to unprejudiced posterity, that they were a disinterested and impartial Parliament, who, though they had the sovereign power of the three nations in their hands for the space of ten or twelve years, did not, in all that time, give away amongst themselves so much as their forces spent in three months: no, not so much as they spent in one, from the time that the Parliament consisted but of one House, and the government was formed into a Commonwealth." Memoirs, ii. 453. The condition to which the army was gradually reduced during the Protectorate, notwithstanding parliamentary supplies and arbitrary exactions, especially from the rapacity of the Major-Generals, is sufficiently described by the late Protector. He, at length, as he appeals to eye and ear witnesses, depended for the support of his government, on "a poor, unpaid army, the soldiers going bare-foot." See vol. ii. p. 366.
36 To dispense with the Speaker's attendance.
37 There were "repeated attempts at the end of Elizabeth's and the beginning of James the First's reign, to draw the power of deciding controverted elections to the Court of Chancery." They, however, continued to be decided by the House, on a report from "the Committee of Privileges," till the Grenville Act, establishing the present mode of forming election Committees, was passed in 1770. Parliamentary Guide (1784), pp. xiii, xvii–xxx.