Historical Collections of Private Passages of State: Volume 7, 1647-48. Originally published by D Browne, London, 1721.
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The Lord General's Letter to the Lord Mayor, Aldermen and Common Council of London, concerning the Army's advance up to the City of London and desiring the advance of 40000l. presently for the pay of the Army.
My Lord and Gentlemen,
Being upon an immediate advance with the Army towards London, we thought good hereby to give you notice thereof; for the grounds and necessity leading us unto we refer you to our late Remonstrance, and to our late Declaration concerning, the same: We have only this further to add, that as we are far from the least thought of Plunder or other wrong to your City, or any of the Places adjoining, which we hope your former experiences of us will give you cause enough to credit us in; so for the better prevention of any disorder in the Soldiery, or of any abuse or inconvenience to the Inhabitants, in the quartering of the Soldiery at private Houses.
We earnesth, desire that you would take a present course for the supply of Money to pay these Forces while we shall be necessitated to stay there: Upon which we assure you we shall so dispose of them into great and void Houses about the City as much as may be possible, as that sew or none of the Inhabitants shall be troubled with Quartering of any Soldiers at all. And for this purpose we desire that forty thousand Pounds may be forthwith provided upon the security of your Arrears, to be ready to be paid out to the Forces to morrow night if possible: And we shall be ready to receive from you any intimations for the further prevention of hurt or inconvenience to the City in this business. I remain
The House this day heard the Report of the Commissioners from the Isle of Wight of his Majesty's several Concessions as formerly related in order, which was read twice over, and the greatest part of the day spent in debate thereof About two of the Clock in the Afternoon they came to the Question, Whether they should now debate whether his Majesty's Answers and Concessions reported by them are satisfactory or unsatisfactory; and it was resolved in the Negative that they would not then debate it further, or let the Question be put, but that the debate thereof should be resumed to morrow morning at 9 of the Clock.
Mr. Speaker according to order of the House gave the Lord Wenman, Mr. Hollis and Mr. Pier point, with three of the Commissioners who came last from the Treaty, Thanks for their good Pains and Care in managing of the Treaty.
A Committee of the Common Council came down this day, and acquainted the House, that they had received a Letter From his Excellency upon which the Lord Mayor called a Common Council, who would not do any thing thereupon 'till they had known the Pleasure of the House therein.
The Letter was read, and the House debated thereupon 'till 8 a Clock at night. At last they came to this resolution, That the House taking notice of the great Arrears due by the City of London to the Army do declare, That it is the pleasure of the House that the City do forthwith provide 40000l. of their Arrears upon security of their said Arrears.
They further resolved, That a Letter should be written to the General, upon the Heads of the Debate now had in the House; and that his Excellency be acquainted therein, that it is the Pleasure of the House, that his Excellency remove not the Army nearer London.
This Day the House resumed the Debate according to Order of the Kings Concessions and Answers upon the Treaty: the Debate was very high, and took up the whole day yet they came to no conclusion, or any Vote passed, but put of the further Debate till Monday morning.
This day the General with several Regimes, of Horse and Foot marched to London, and took up their Quarters in White-Hall, St. James's the Mease, York House, and other great vacant Houses in the Skirts of the City, and some of the Villiages, about, no offence being given any where.
The City sent a Letter to the General, That they will do their utmost in levying their Arrears of Assessments to the Army, and are very active to that purpose, and at present advance some thousand pounds as desired to pay of Quarter; but desire the Soldiery may be removed further from London, and a right understanding may be, to which all fair Correspondence is promised.
This Day the House of Commons according to former Order took into further Debate his Majesty's Concessions, whether satisfactory or not, about which they spent all Friday and Saturday last Week, and, not one Vote past and the Question in no way likely to be decided this day.
Being upon this debate, a Letter came to the Speaker from the Officers deputed by Col. Hammond to take the charge of his Majesty in the Isle of Wight, That his Majesty was removed thence to Hurst-Castle by order of the General and Council of the Army: For better satisfaction, take the Letter it self.
Yesterday at there came into the Isle some Officers of the Army, viz. Lieut Col. Cobbert, and Capt. Merryman, with instructions from the General and Council of War, directed to themselves and the Commander in chief here, forthwith to secure the Person of the King in Carisbrook-Castle, as before the Treaty, till they should receive resolution from the Houses upon their late Remonstrance: And they understanding, that the management of the Affairs of this Island was by Col. Hammond committed to our selves or any two of us, they acquainted us with their Instructions, desiring our concurence with them, that so the present work intended by them, might with less difficulty he accomplished. While we were in debate of these things, there came in a Messenger from the General with an Order under his Hand and Seal, directed to the Gentlemen, commanding them immediately to take the Person of the King into their charge and to remove him from thence into Hurst-Castle, requiring us by name with all other Officers and Soldiers in the Isle to be aiding and assisting to them therein; two of us, viz. Major Rolph, and Capt Hawes, upon sight of that Order declared our selves oblidged not to disobey the General's Commands, but conceived our selves bound to yield obedience thereunto by our Commissioners; the other of us, viz. Capt. Boreman, declared his Judgment, that his duty lay immediately to the Governour who had intrusted him, contrary to those Instructions and Commission he could not act, neither was he of himself in a capasity to oppose them in that Service. Capt. Hawes being dissatisfyed in the Action, manifested his unwillingness to join in it, and his Resolution neither directly nor indirectly to oppose it. But these Gentlemen with the concurrence of the Army Forces here, and the assistance of a fresh Troop of Horse, and one Company of Foot, which landed in the Night, in pursuance of their Commands, very civily made their addresses to the King, according to another Order from the General for his Usage with all Civility, and due Respect unto his Person: Between five and six a Clock this Morning, some of the Gentlemen who by the Parliament were appointed to attend him, acquainted his Majesty with those Orders and Instructions they had in charge from his Excellency the Lord General concerning him, who presently and quietly consented therunto, and set forward in his Coach from Newport at eight of the Clock this Morning towards Hurst Castle, with Mr. Harrington, Col. Harbots and Capt. Mildmay, and other of his Servants to attend him. Now we do assure you, that in the whole Transaction of this great Affair, their neither was nor is the least disturbance in this Isle. Thus we have with all clearness and faithfulness given yon a full and impartial Account of these late Proceedings here; having so done, we subscribe our selves
The House upon reading this Letter entred into a new debate, and voted, that the seizing upon the Person of the King and carrying him Prisoner to Hurst-Castle, was without the advice or consent of the House.
From Pontefract Leaguer by Letters this Day, to this purpose: The Lieut. General being gone to London, Major Gen. Lambert is appointed to come in chief 10 the Leaguer: The Line is drawn three parts about the Castle, and we are now raising Works for Batteries; and tho' the Enemy are penned up that they dare not stir forth, yet they are very active both with great and small Shot, and sometimes do us hurt, they have very sew or no Horse in the Castle, they are about 300 in the Castle, Genmen and others; the Soldiers are very poorly clad, and cannot be induced to make a Salley at least 60 of them are fallen sick at this time; they have plenty of all forts of Provision for a Seige, and is nothing else hinder, they will not be starved in 12 Months. Capt. Jackson is now by Order from Lieut. Gen. Cromwel removed from the Scarborough Leaguer to Pontefract, and they are upon their March by the way of Helnsley Castle. Of the State of Scarborough-Castle, more particularly thus: Upon Wednesday-Night last their came out the Governour's Ensign, who declared that upon our taking of their Boat from the Salley-Port the Night before they were fearfully alarm'd, upon which the common Soldiers sell into a mutiny, desiring the Governour to make Terms for their marching out, for that their Fish will last but a Month, their Fire three weeks, though their Corn and Butter would last longer; their greatest wants are of Clothes and Shoes, of which they had provided good store, to have got in by their Boat, but prevented, and their Harbinger General, Lieut. Sallet, is now come in and submitted to us upon mercy.
From Ireland came Letters, which say, That the Lord Marquiss of Antrim hath relenquisht the Marquiss of Ormond, and is impowered Generalissimo for the Pope's interest in this Kingdom, and to that purpose is gone to Owen Roe, as is conceived, to claim his Authority; where by the way he writ a Letter to Col. Jones desiring, that a Gentleman might be admitted to Dublin, with Propositions tending to engage the Northern Party under the Command of Owen Roe to the Parliament service; which is this his Request might be granted, in his opinion it was reputed feasible; but his overture being denied, he made no further stay, but marcht on; This be sure of, tho' there is no trusting any of them, that Antrim and Ormond will be found mortal Enemies; for at Ormond's last being in France, Antrim strained hard to impeach him of High Treason before the Queen and the Court there.
This Morning early, the House having set all Night, the Question was put and voted, That his Majesty's Concessions to the Propositions of Parliament upon the Treaty are sufficient grounds for settling the Peace of the Kingdom.
They likewise voted, That Mr. Peir point, Sir John Evelin of Wills, Mr. Ashurst, Mr. Maynard, Sir Thomas Withrington, Col. Birch, and Mr. Solicitor be a Committee appointed to go this Afternoon to the Head quarters to confer with the General and the Officers of his Army for continuance of a good correspondency between the Parliament and the Army.
The General caused a Proclamation to be made by beat of Drum and sound of Trumpet, requiring all in the latter and former Wars, who have not perfected their Compositions, to debate the late Line ten Miles distant from London for a Month, or else to be proceeded against as Prisoners of War.
"These are to require all Officers and Soldiers of Horse and Foot, who shall quarter in and about the City of London, and Suburbs thereof, That they behave and demean themselves civilly and peaceably towards all forts of People, not giving any just cause of offence, or provocation by language or otherwise, upon pain of such severe punishment as to a Court Martial shall be thought meet; and not do any unlawful violence to the Persons or Goods of any, either in their quarters or elsewhere, upon pain of Death. And for the more due execution hereof, all Commanders and Officers are hereby required not to be absent from their several and distinct Charges, without leave first had in writing from their Superiours, upon pain of such Punishment as the Party injured shall sustain, and such further Censure as to Justice shall be thought fit. Given under my hand, Decem 4. 1648.
Some more Forces of the Army came to London this day and yesterday, they still q[uar]ter in the Suburbs, none in the City; the private Soldiers quartered in great Houses lie upon the Boards, and have no Beds, and but a little, if any Firing, which is very hard this Season. The General has sent to the City to provide Bedding, to be allowed out of the Arrears, or other wife Quarters to be provided for the Soldiery in the City. No Money paid yet from the City to the Army.
Wednesday, December 6.
Several Members going to the House were seized upon, and kept in Custody by special Order from the General and Council of the Army; which the House of Commons then sitting being informed of, it was ordered that the Serjeant at Arms attending the House of Commons should be required forthwith to go to the said Members so seized, and under a guard in the Queen's Court and Court of Wards, and acquaint them that it is the pleasure of the House that they forthwith attend the Service of the House. The Serjeant returning, brought answer, That the Captain of the Guard had Order to secure them, which Order he was to obey before any other Command; and therefore could not in prosecution thereof dismiss them 'till he had other Orders to the contrary.
The House then ordered that the Committee named yesterday to go to the General, should make their Report, which they did, his Excellency desiring them to advise with his Council of War about this Answer.
The House was then also informed that some Officers of the Army were at the door with a Message from the Army: They were called in, and Lieut. Col. Axtel acquainted the House that he was commanded by the General, and the General Council of War, to acquaint the House that they had some what to present unto them, which will be ready for their present view. Lieu. Col. Axtel with drawing the House ordered that he should be called in the second time, and that he should deliver his Message once more to the house, which he did accordingly: The House here upon returned this Answer, That the House will be ready to receive it.
Not long after Col. Whaley with other Officers of the Army came to the House, and presented the Proposals and Desires of the Army as the ground of this day's proceedings, desiring them to take them into speedy Consideration. The House after the Officers were withdrawn, ordered a Committee should be appointed to treat with his Excellency, and his General Council of War, concerning the discharge of their Members, and that they should report with all covenient speed.
Having with others for a long while sadly beheld and tasted in your Proceedings the miserable Fruits of Counsels divided and corrupted by Faction and personal Interest, even to the neglect, betraying and casting away all that's publick and good, to the lengthning out of endless Troubles, Burden and Damage, to the contenuance and widening of that issue of Blood whereby these Nations have been so much polluted and consumed, and to the perpetual hazard and bondage, and destruction to them at last.
1. Whereas Denzil Hollis Esq; Lionel Copley Esq; Major General Massey and others of your Members, whose names you well know, were in the year 1647. impeached by your selves for Treason, or for high Crimes and Misdemeanors, in relation to the treasonable Engagement in the City of London: the violence then done upon the Parliament, the levying of a new War, and other Evils in maintenance and prosecution thereof; and upon clear Proofs against them, were by your Censure expelled the House, and disabled from further Trust therein, and upon new Writs issued out, new Members were chosen and returned in some of their rooms; and yet by the prevalence of their Fraction, when in the last Summer's War divers faithful Members were ingaged abroad upon necessary publick Service, and others through malignant Tumults and Disturbances could not safely attend the House, the same Persons were afterwards readmitted to fit In the House and vote as formerly, without any trial or satisfaction in the things whereof they were accused.
2. Whereas by the Confedracy of Major General Brown, now Sheriff of London, with the said impeached Members and others, the Scots were invited and drawn in to invade this Kingdom the last Summer, insomuch as when upon their actual invasion the House proceeded to declare them Enemies, and those that adhered to them Traitors; yet the said Confederaters and other treacherous Members, to the number of 90 and odd, as upon the division of the House appeared, did by their Counsels and Votes endeavour to hinder the House from declaring against their confederate Invaders: We desire, That the, said Maj. Gen. Brown may be also secured and brought to Judgment, and that the tell of the ninety and odd Persons dissenting against the said Vote may be excluded the House.
3. Whereas in a continued Series of your Proceeding for many Months together, we have been the prevalence of the same treacherous, corrupt and divided Councils, through Factions and private Interest opposing or obstructing Justice in all kinds, diverting your Councils from any thing of publick good, hindring any proceeeings to any such Settlement, as would consist with security to the publick Interest, or put a real end to the Troubles, Burdensor Hazards of the Kingdom, and precipitating into treacherous and destructive Compliances and Conjunctions with the Acknowledged Enemies thereof, as in the Votes of No more addresses to the king, &c. the justness and necessity where of you had once so cleared to the World; also in the Votes for entertaining or seeking after all that personal Treaty: And lastly, in the Votes declaring the King's past Concessions to be a ground for the House to proceed upon for the Settlement of the Peace of the Kingdom, notwithstanding the visible insufficiency and Defects of them in things essentially concerning the publick Interest and Liberties of the Kingdom, as those propounded in our late Remonstrance are, and in other matters both Religeous and Civil. We therefore most earnestly desire, That all such faithful Members who are innocent in these things, would immediately, by protestation and publick declaration, acquit themselves from any Guilt of or concurrance in the several Votes or Counsels here before particularly mentioned, as corrupt or destructive, that the Kingdom may know who they are that have kept their trust, and distinguish themselves from the rest that have thus falsified the same; and that all such as cannot or shall not so acquit themselves particularly, may be immediately excluded or suspended the House, and not readmitted until they have given clear satisfaction therein to the Judgment of those who now so acquit themselves, and the grounds of such satisfaction be published to the Kingdom.
4. Thus, such as by faithfulness have retained their Trust, being set in a condition to pursue and perform the same, without such interruptions, Diversions, and Depravations of Councils as formerly: We shall desire, and hope you will speedily and vigorously proceed to take order for the execution of Justice, to set a short period to your own Power, to provide for a speedy succession of equal Representatives according to our late Remonstrance, wherein differences in the Kingdom may be ended, and we and others may comfortably acquiesce; as for our parts we hereby engage and assure you we shall.
- Sir Robert Harley,
- Col. Harley,
- Sir Will. Waller,
- Sir Walter Earl,
- Sir Samuel Luke,
- Sir Richard Onslow,
- Sir John Merrick,
- Sir Martin Lyster,
- Lord Wenman,
- Mr. Knightly,
- Sir Gilbert Gerrard,
- Sir Benjamin Rudyard,
- Mr. Francis Gerrard,
- Mr. Swinfyn,
- Mr. Crew,
- Mr. Edward Stephens,
- Mr. Buller,
- Sir Harbottle Grimston,
- Mr. Bunkley,
- Major Gen. Massey,
- Mr. Walker,
- Sir Robert Pye,
- Mr. Henry Pelham,
- Col. Leigh,
- Sir Anthony Irby,
- Sir Tho. Soam,
- Col. Birch,
- Mr. Lane,
- Mr. Wheeler
- Mr. Drake,
- Mr. Greene,
- Mr. Bowton,
- Mr. Prynne,
- Mr. Priestly,
- Sir Simon Dews,
- Sir Will. Lewis,
- Sir John Clotworthy,
- Col. Will Strode,
- Commissary Copley,
- Mr. Vaughan,
- Col. Nathan. Fines..
The House considered of the great and faithful Services performed by L.G. Cromwel to the two Kingdoms of England and Scotland, and ordered the hearty Thanks of the House should be given to him for the same; he being then present, Mr. Speaker gave him Thanks accordingly.
The House ordered that Serjeant Earl should be required to go down to Norwich to execute the Commission of Oyer and Terminer and Goal-Delivery: Mr. Hugh Awdley, Sheriff of the said County was required to go down into the said County.
Many Members of the House were this day forbid to enter the House, because something was to be that day debated concerning themselves, and therefore they ought not to be Judges in their own Cause. Sir Edward Partridge, Mr. Dodrcih, and Sir Tho. Dacres sent their Letters to the Speaker, acquainting the House that they were denied entrance into the House, who ordered there upon that the Committee formerly appointed to go to the General, should go this day, and treat concerning the restitution of their Members.
The Members seized on by the Army were this Day removed from Mr. Duke's House (commonly called Hell) in Westminster, where they were all last night, to two Inns in the Strand, viz. the King's Head and the swan, and there have a Guard upon them.
The House kept a solemn Fast in their House, and ordered that there should be a Collection made by the Members for the poor Soldiers Widows and Wives, and distributed by the Serjeant at Arms, which was done accordingly.
This day by Order of the General and General Council, two Regiments of Foot and several Troops of Horse were appointed to quarter in London, and accordingly took up their Quarters in Blackfryers, and some at Ludgate and Paul's Church.
They likewise by order secured the Treasuries at Weavers, Habardashers and at Goldsmiths-Hall, which was done without any molestation. From Haberdashers and Goldsmiths-Halls they took away no Cash; from Weavers-Hall above 20000l. For the Ground of all, take the General's Letters and Declaration to the City, as followeth.
"I Have given order to Col. Dean, and some others, to seize the Treasuries of Goldsmiths-Hall, and weavers-Hall, that by the said Monies I may be inabled to pay Quarters whilst we lie hereabouts, having also ordered Receipts and Assurance to be given to the Treasurers of the said Monies, that they should be fully reimburst for the said Sums out of the Assessments of the City due to the Army, and out of other Assessments thereunto belonging; and indeed, although I am unwilling to take these strict Courses, yet having sent so often to you for the said Arrears,, and desired Sums of Money to be advanced by you (far short of the Sums due from you) yet I have been delayed and denied, to the hazard of the Army, and the prejudice of others in the Suburbs upon whom they are quartered: Wherefore I thought fit to send to seize the said Treasuries, and to send some Forces to quarter in the City, until I may be satisfied for the Arrears due unto the Army: And if this seem strange unto you, it is no less than that our Forces have been ordered to do by the Parliament in the several Counties of the Kingdom, where Assessments have not been paid, and there to continue until they have been paid.
"And here give me leave to tell you the Counties of. the Kingdom have born Free-Quarter, and that in a great measure for want of your paying your Arrears equal with them: Wherefore these ways if they dislike you, yet they are merely long of your selves, and are of as great regret to me and to the Army, as to your selves; we wishing not only the good and prosperity of your City, but that things may be so carried towards you as may give you no cause of jealousy. I thought fit to let you know, That if you shall take a speedy Course to supply us with 40000l. forthwith, according to my former desire, and provide speedily what also is in Arrears, I shall not only cause the Monies in the Treasuries to be not made use of but leave them to be disposed of as of right they might, and also cause my Forces to be withdrawn. from being in any fort troublesom or chargeable to the City; and let the World judg whether this be not just and equal dealing with you. I rest my Lord,
The Horse sent into London this day to secure the Moneys in the Halls above-said, some of them through Mistake went to the Grand Excise; which the General understanding, they were presently recalled, and this Letter sent to the Commissioners of Excise, viz.
Whereas upon this present 8th of December, a Party of Horse and Foot came to the Excise Office in Broadstreet, which perhaps will occasions some to think the Army came thither with a purpose to interrupt any more levying of the Excise: These are to assure them, the said Forces came thither by a mistake, and that there was not any Intention to give Interruption unto the due levying of the Excise, or to seize upon any Money in Cash: And that you may proceed as formerly according to those Ordinances and Orders of Parliament which you have received concerning the same: And that no molestation or hindrance shall be given by the Army. I remain
This Day came a Committee from the Lord Mayor, Aldermen and Common Council with some Propositions from the City as followeth. The Committee. formerly appointed to attend his Excellency the Lord Fairfax, are to make their Addresses to his Lordship or his Council of War with these Propositions.
1. To propound to his Excellency, That the City for their security of the 40000l. desired, may have all the Arrears upon any Assessments made for this Army within London and Liberties thereof, which did grow due, to be paid before the 25th of March last, freed from all Ingagements.
2. And of those Arrears all that Money paid into the Treasury since the both of November last, to be accounted part of the 40000l. desired; and that with the Money received out of Weavers. Hall, and the 5500l. lately received of the treasurers, the rest shall be paid on Monday next.
4. That the Common Council hath promised to get in the rest of their Arrears, and also to make the new Assessments for the fix Months ending at Michaelmas last, and to collect the same with all expedition.
My Lords and Gentlemen,
"I Have perused your Paper, and I find the point of Security hath much troubled you and us, whereby we are yet without our Money, and Necessities daily grow upon us; to prevent which and to make things clear, which I do not conceive your Paper does, I desire that you will within 14 days or sooner if you please, cause all the Money charged upon the City of London for the Army until the 25 of March next, and in Arrears, to be brought in. This being done I shall both repay the Money brought from Weavers Hall, and withdraw all the Forces from the City; the continuance of which in the City in the mean time will I conceive facilitate your Work in collecting your said Monies.
Monday, December 11.
The House sate not this day. To the General and the General Council of the Army there is presented a new Representative, or an Agreement of the People, propounded as a Rule for future Government in the establishment of a firm and lasting Peace: This Representative or Agreement to be subscribed thro'out the Kingdom. The General Council of the Army appointed a speedy debate and consideration of it: And because the Representers offer the, same also to the consideration of all Men, who are left at liberty to give their Reasons for or against it, we will now for better satisfaction give you the Heads of this Agreement somewhat largly, as followeth.
"Having by our late Labours and Hazards made it appear to the World at u how high a rate we value our just Freedoms; and God having so far owned our Cause, as to deliver the Enemies thereof into our hands, we do now hold our selves bound in mutual Duty to each other, to take the best care we can for the future to avoid both the danger of returning into a slavish Condition and the chargeable Remedy of another War: For as it cannot be imagined that so many of our Countrymen would have opposed us in this Quarrel, if they had understood their own good, so we may safely promise to ourselves, that when our common Rights and Liberties shall be cleared, their endeavours will be disappointed that seek to make themselves our Matters. Since therefore our former Oppressions, and not yet ended Troubles have been occasioned either by want of frequent National Meetings in Councils, or by the undue or unequal Constitution thereof, or by rendring those Meetings ineffectual: We are fully agreed and resolved to provide that hereafter our Representatives be neither left to uncertainty for time, nor be unequally constituted, nor made usess to the end for which they are intended.
"1. That to prevent the many Inconveniences apparently arising from the long continuance of the same Persons in Authority, this Present Parliament be dissolved upon or before the last day of April, in the Year of our Lord 1649.
"2. That the People of England, being at this day very unequally distributed by Counties, Cities or Burroughs, for the Election of their Representatives, be more indifferently proportioned; and to this end, That the Representative of the whole Nation shall consist of 300 Persons: and in each County and Places thereto subjoined, there shall be chosen to make up the said Representative at all times, the several numbers for each Town and County, for England and Wales mentioned, in all amounting to 300.
"1. That the Electors of every Division shall be Natives or Denisons of England, such as have subscribed this Agreement, not Persons receiving Alms but such as are assessed ordinarily towards the relief of the Poor, not Seavants to, or receiving Wages from any particular Person. And in all Elections, except for the Universities, they shall be men of one and twenty Years old or upwards, and house-keepers dwelling within the Division for which the Election is: provided that until the end of 7 Years next ensuing, the same time herein limited for the end of this present Parliament, no person shall be admitted to, or have any Hand or Voice in such Elections who have adhered to or assisted the King against the Parliament in any of these Wars or Insurrections, or who shall make or join in or abet any forcible opposition against this Agreement; and that such as shall not subscribe it before the time limited for the end of this Parliament, shall not have Vote the next Election; neither if they subscribe afterwards, shall they have any Voice in the Election next succeeding their Subscription, unless their Subscriptions were six Months before the same.
"2. That until the end of 14 Years such Persons, and such only, may be elected for any Division, who by the Rule aforesaid are to have Voices in Elections in one Place or other: Provided that of all those none shall be eligible for the first or second Representatives, who have involuntarily assisted the Parliament against the King, either in Person before the 14 day of June, 1645. or else in Money, Plate, Horse or Arms, lent upon the Propositions before the end of May, 1643. or who have joined in or abetted, treasonable Engagement in London, in the Year 1647. or who declared or engaged themselves for a Cessation of Arms with the Scots who invaded the Nation the last Summer, or for compliance with the Actors in any of the Insurrections the same Summer, or with the Prince of Wales or his Complices in the Revolted Fleet.
"3. That whoever by the Rules in the two next proceeding Articles are incapable of Election, or to be elected, shall assume to vote in, or to be present at such Elections for the first or second Representative, or being elected, shall presume to fit or vote in either of the said Representatives, shall in cur the pain of confiscation of the Moiety of his Estate to the use of the Publick in cafe he have any Estate visible to the value of 50l. and if he have not such an Estate, then he shall incur the pain of Imprisonment for three months. And if any Person shall forcibly oppose, molest or hinder the People capable of Election, as aforesaid, in their quiet and free Election of their Representatives; then each Person so offending shall incur the pain of Confiscation of his whole Estate both real and personal; and if he have not an Estate to the value of 50l. shall suffer Imprisonment during one whole Year without Bail or Mainprize: Provided that the Offender in each such Case be convicted within three Months next after the committing of his offence.
"5. That every Representative shall within twenty days after their first Meeting appoint a Council of State for the management of publick Affairs, until the first day of the next Representative; and the same Council to Act and proceed therein, according to such Instructions and Limitations as the Representatives shall give, and not otherwise.
"6. That to the end all Officers of State may be certainly accomptable, and no Factions made to maintain corrupt Interests, no Member of the Council of State, or any Officer of any Salary in Army or Garison, nor any Treasurer or Receiver of publick Moneys, shall, while such, be elected to be a Representative; and in case any such election shall be, the same to be avoid: and in case any Lawyer shall be chosen of any Representative or Council of State, then he shall be uncapable of Practice as a Lawyer during that Trust
"7. That the Power of the Peoples Representatives extend not, without the consent or concurrence of any other Person or Persons, to the enacting, altering, repealing and declaring of Laws, to the rejecting and abolishing Officers at Courts of Justice, and to whatfoever is not in this Agreement excepted or resolved from them.
"As particularly, (1.) We do not empower our Representatives to continue in force, or make any Laws, Oaths and Covenants, whereby to compel by Penalties or otherwise any Person to any thing in or about miners of faith, Religion, or God's Worship; or to restrain any Person from the professing his faith or excercise of Religion, according to his Conscience, in any House or Place, except such as are, or shall be set a part for the publick Worship: nevertheless the Instruction or direction of the Nation in a publick way for the matters of Faith, Worship or Discipline, so it be not compulsive, or express Popery, is referred to their Discretion.
"(2.) We do not impower them to impress or constrain any Person to serve in War either by Sea or Land, every man's Conscience being to be satisfied in the Justness of that Cause wherein he hazards his Life.
"(3). That after the dissolution of this present Parliament, none of the People be at any time questioned for any thing said or done in reference to late Wars, or publick Differences, otherwise than in execution or pursuance of the Determination of the present House of Commons against such as have adhered to the King or his Interest against the People, and, saving the Accompts for publick Moneys received, shall remain accomptable for the same.
"(4.) That in any Laws hereafter to be made, no Person by virtue of any Tenure, Grant, Charter or Patent, Degree or Birth, shall be privileged from Subjection thereto, or being bound thereby as well as others.
"(5.) That all Priviledges or Exemptions of any Persons from the Laws; or from the ordinary course of legal Proceedings, by virtue of any Tenure, Grant, Charter, Patent, Degree or birth, or of any place of Residence or Refuge, shall be henceforth void and null, and the like not to be made, nor received again.
"(6.) That the Representatives intermeddle not with the execution of Laws, nor give Judgment upon any Man's Person or Estate, where no Law hath bin before provided, have only calling to an account and punishing publick Officers for abusing or failing in their Trust.
"(8) That no Representatives shall in any wise render up, or give, or take away any the Foundations of Common Rights, Liberty or Safety contained in this Agreement, nor shall level Mens Estates, destroy Property, or make all things common.
"8. That the Council of State in case of imminent danger or extreme necessity, may in each interval summon a Representative to be forthwith chosen, and to meet, so as the Sessions thereof continue not above forty days, and so it dessolve two months before the appointed time for the meeting of the next Representative.
"9. That all Securities given by the publick Faith of the Nation shall be made good by the next and all future Representatives, save that the next Representative may continue or make null in part or in whole, all gifts of Moneys made by the present House of Commons to their own Members, or to any of the Lords, or to any of the Attendants of either of them.
"10. That every Officer or Leader of any Forces in any present or future Army, or Garison, that shall resist the Orders of the next, or any future Representative, except such Representative shall expertly violate this Agreement shall forthwith after his or their Resistance, by virtue of this Agreement, lose the Benefit and Protection of all the Laws of the Land, and die without mercy.
"These things we declare to be essential to our just Freedoms, and to a thro' composure of our long and woful Distractions: And therefore we are agreed and resolved to maintain these certain Rules of Government, and all that join therein, with our utmost possibilities against all opposition whatsoever.
A Petition was this day presented to the House from the Merchants of Exon and Bristol, complaining of the great neglect of Guarding the Coast. Some Irish Men of War have seized no less than ten Sail of Ships this last Week, and many before: The House ordered, that these Petitions should be referred to the Committee of the Navy.
A Letter came this day to the House from the Lord Admiral, dated the 8th of this Month, giving the House an account of the Grounds of his coming out of Goree into the Downs, left he should have been frozen up, and wanted Victuals. The House ordered that this Letter should be referred to the Committee of the Navy. His Lordship is come to London.
The House hereupon fell upon debate of the 11 Members who were formerly put out of the House, and passed these Votes, That the Vote of that house of the 3d of January, 1647. for revoking the Order of the 9th of September, 1647. for disabling Lionel Copley to be a Member of the House, is of dangerous consequence, and tending to the destruction of the Justice and Peace of the Kingdom, and is hereby repealed.
They likewise voted that the Vote of that House of the 30th of June, 1648. whereby this House did concur with the Lords, that for the opening a way to the Treaty with his Majesty, for a safe and well grounded Peace: That the Votes of the 3d of January 1647, forbidding all Addresses to be made to or from the King be taken off, was highly dishonourable to the Proceedings of Parliament, and apparently destructive to the Good of the Kingdom.
This day Major General Browne, Sheriff of London, was apprehended by the Army, and he and Sir John Clotworthy, Sir William Waller, Col. Massey and Col. Copley, were sent Prisoners to St. James's, and Mr. Pellam, Mr. Vaughan, and some others from the Inns of Court, had liberty granted to go to their Chambers on their Parol.
The City this day sent in Beds for the Soldiers: Whereupon Order was issued out from the General, for the removing of those that quarter in private Houses to several great empty Houses, that they may burden the Citizens as little as may be.
From Dublin, November 28. The Marquiss of Ormond still at Kilkenny; his Court or Residence in the Castle, he sits close in Council. The Lord Inchequin, his right hand: The Nobles and Gentry are gone thither to take Instructions from the supream Council, whose Agreement is forthwith to, be published. Inchequins, Taffs, and Clanrichard's Forces, and so their main Army is at Cattenwith, Preston's at Fernes, who hath commanded to repair to the general Rendesvouz, where orders are to be given him: Their dispersed Forces ordered to repair to the Army, our Garisons to be slighted. Qwen Roe's Trumpet, with one of Ordmond's are gone back to Owen with assurance of fair correspondence. A general Redesvouz hath been near Kikenny; the main and Design is upon this place, which to encourage the Marquiss in a gallant Speech, told the Council, his Friends here where the greater part.
The House this day again, according to former order, considered of the former Votes for taking off the Votes past for nulling of the Votes for so further Addresses to be made to his Majesty; and voted these Votes following should stand and be in full force, viz.
Resolved, That the Lords and Commons do declare, that they will receive no more any Message from the King, and do enjoyn, That no Person whatsoever do presume to receive or bring any Message from the King to both or either Houses of Parliament, or to any other Person.
Resolved, That the Vote of July 28. 1648. That a Treaty be had in the Isle of Wight with the King in Person by a Committee appointed by both Houses, upon the Propositions presented to him at Hampton-Court, was highly dishonourable, and apparently destructive to the Good of the Kingdom.
The House this day considered how the Army may have the last 6 months Assessments paid unto them, and ordered there upon that it should be referred to the Committee of the Army to confer with the Lord General and Officers of the Army, how the last six Months Assessments may be raised and paid to the Soldiers; and to consider what Obstructions there are in payment thereof, and to present them to the House with all convenient speed, to the end some speedy course may be taken therein, and this Committee are enjoyned to fit this afternoon.
And for the better carrying on of this business, they further ordered, That an addition should be made to the said Committee of the Army, and named the Lord Grey, Sir Henry Mildmay, Col. Rigby, and Mr. Lisle, to be the Members to be added thereunto.
The House, considered of a Letter from Col. Ewers, Governour of Hurst-Castle, and of his great necessities for want of Money, and his extraordinary expence since his Majesty's coming thither; and therefore ordered as a present Supply for him, that the Treasurers at Goldsmiths. Hall be desired forthwith to disburst and pay the Sum of 200l. to the said Col. Ewers or his Assigns, and that the said Treasurers do reimburse themselves out of the remainder of the Fine of Sir Charles Kemish not yet charged.
The House then took into debate the Ordinance for settling the Militia of the whole Kingdom; and finding the Ordinance lately passed to be made up on design for distruction of this Army, and prejudicial to the whole Kingdom, there being divert ill-affected persons in several Counties, and some that Engaged in the last War against the Parliament intrusted therewith, they voted that the said Ordinance should be forthwith repealed, and that a new Ordinance be brought in for settling the Militia of the Kingdom.
Some time was spent in debate of a Letter to be sent to the General, to desire, That a Charge be brought in against such of their Members not admitted to fit, as they have matter against, and to desire, That such as the Army hath no Charge against, may be admitted to freedom of sitting in the House.
From Hurst-Castle they write, that his Majesty is in good health there, and hath all good Accommodations for Bed, Table, and Attendance, and sometimes permitted to walk without the Castle to take the Air; he spends much time in privacy and reading, and seems not well pleased at his remove thither. He made some Propositions to the Governour;
That he might have two Chaplains of his own to be admitted to be with him to pray and preach during his abode in Hurst-Castle: That he might have liberty to write a Letter to be sent to the Queen in France, to let her know of his present Estate: And in like manner to write a Letter to his Son Prince Charles.
The House this day considered of the business of the Navy, Mr. Corbert reports from the Committee of the Navy the condition thereof both in relation to want of Money, and likewise Victuals. The House in debate hereof ordered that a second Ship should be provided for the Service of the Navy for the Winters Guard.
They likewise ordered, that the two Months Gratuity formerly promised to the Mariners, be paid to them as they shall come in. And that such Persons to the number of 30 (who served as Masters and Masters-Mates in the Expedition for reducing the revolted Ships) be paid as Masters and Masters-Mates in the condition they formerly served in.
They farther ordered, That the Committee of the Navy confer with Mr. Pennoyer, Col. Willoughby, Mr. Moyer, Alderman Fowke, Mr. Will. Barker, and Mr. Maurice Thompson, and such others as they shall think fit, for the present Supply of the Navy.
The House was this day informed of a scandalous Pamphlet, entituled, A Solemn Protestation of the Members secluded the House by the Army. The House hereupon ordered that it should be referred to a Committee to enquire who printed or contrived it, and to send for Partys and Witnesses, &c. Both Houses also passed this following Declaration against it.
"The Lords and Commons Assembled in Parliament, taking into their consideration a printed Paper, intituled, A solemn Protestation of the imprisoned and secluded Members; wherein amongst other things it is declared, That all Acts, Ordinances, Votes, and Proceedings of the House of Commons, made since the sixth of this instant December, or hereafter to be made during their restraint and forcible Seclusion from the House, and the continuance of the Armies force upon it, are no way obligatory, but void and null to all intents and purposes: The said Lords and Commons do hereby judge and declare the said printed Paper to be false, scandalous, and seditious, and tending to destroy the visible and fundamental Government of this Kingdom, do therefore order and ordain the said printed Paper to be suppressed, and that all Persons whatsoever that have had any hand in, or given consent unto the contriving, framing, Printing, or publishing thereof, shall be adjudged, and hereby are adjudged, uncapable to bear any Office, or have any place of Trust or Authority in this Kingdom, or to fit as Members of either House of Parliament; and do further order and ordain, That every Member of either House respectively now absent, upon his first coming to fit in that House, whereof he is a Member, for the manifestation of his innocency, shall disavow and disclaim his having had any hand in, or giving consent unto the contriving, framing, printing, or publishing of the said Paper, or matter therein contained.
This day his Excellency the Lord Fairfax, and his Council of War, agreed upon a Declaration concerning their Resolution to preserve and protect the freedom of Trade and Commerce, which for better satisfaction take as followeth:
'Whereas the Enemies of the Peace of this Kingdom being sufficiently sensible how all their Designs for the ruin and destruction thereof, have by the Blessing of God upon our endeavours, been rendred abortive and made successless to the producing of that effect, have, notwithstanding out of their restless desire to bring their wicked purposes into execution, watched for and pursued all opportunities that they could either make or meet with conducing to that end, and have not ceased to lay upon us, and lade us with all manner of slander and clamour, that might not only make us unacceptable to those of whom we have best deserved, but also render us odious to all the World; and being informed that the said Enemies of the Kingdom, have, upon occasion of some of our late just and necessitated Actions, given publickly out, and written to all parts beyond the Seas, that we intend to put all into ruin and confusion, and to seize upon all mens Estates, destroy Property, Trade, and Commerce, and that their Goods cannot be in any security while we are in this Town, or keep in our hands any of the Strengths of the Kingdom; and understanding that hereupon Bills of Exchange begin to be questioned, and some Persons begin to convey away their Goods, We being very sensible how much the Wealth, Freedom and Happiness of this Kingdom is concerned in the freedom and fulness of the Trade and Commerce thereof, and how much the said Enemies of peace should pursue their aforesaid wicked end, if their said Calumnies should go on to be believed: We do therefore hereby declare, That as by all the Adventures of our Lives and Blood we have sought nothing more than the prosperity of this Kingdom, and the establishing of Justice and Righteousness in the Land: So there is nothing more that we abhor than those wicked Calumnies, that we should invade the Property of any not wilfully making themselves Enemies, or do any thing an y way to hinder or obstruct that Trade and Commerce, by which this Kingdom doth both subsist and flourish. But that we shall in a more especial manner, protect, defend, encourage and maintain in all just ways, according to the Law of Nations, and the manner hitherto practised in this Kingdom, all manner of Trade, Trasfique and Commerce, either by English or Strangers; and that we shall neither do, nor suffer to be done, as far as in our Power, any violence, wrong or injustness to the Persons or Goods of any, as aforesaid, exercising any Trade or Commerce either by Sea or Land; which we thought fit to publish for the satisfaction all Persons concerned herein.
Saturday December 16.
The House this Day, according to former Order, had the Ordinance for repealing the former Ordinance for settling the Militia of the Kingdom read, which was assented unto, and presently transmitted to the House of Peers. An Ordinance was likewise read for repealing the Ordinance for the Militia of the County of Lancaster, which was read and assented unto, and transmitted to the House of Peers.
Several of the Inhabitants and Militia of Westminster addressed themselves this day to the House, acquainting them that the Persons mentioned in their new Militia were divers of them Officers of the Trained Bands, Malignants against the Parliament and Army, desiring that some Course may be taken for their security. The House ordered that they should have the Thanks of the House given them for their good affections, which accordingly was given un to them, and the Ordinance to be repealed, and a new Militia settled.
The House heard the Ordinance reported concerning Election of the Lord Mayor, Aldermen and Common Council-men of London that no Malignants may be elected, or have Voice in Election; which was read the third time, and assented unto, and sent to the Lords for their Concurrence.
An Information was given against a Gentleman that sate in the House, tho' no Member, that he was a Delinquent, and had been in Arms against the Parliament. This was answered in his behalf, That as Prince Rupert's Forces marcht through Windsor, and the Gentlemen being drinking in the Town, was forc'd to shew himself somewhat active amongst them at present, and that was all that they could make of it: The House ordered notwithstanding, that this business should be referred to the Committee of Complaints to examine the truth of the Information, and to report the same to the House.
The General Council of the Army have fate several days upon the Agreement of the People, and past the same to the third Reserve, only the Debate of the first Reserve is referred 'till Wednesday next: And they will consider of the business of Justice on Tuesday next.
Yesterday Col. Butler and Col. Finchers Troops were disbanded; they received 1600 and odd Pounds at disbanding. There are several Petitions and Representations come from divers Garisons this Week complying with the Army's Remonstrance.
This day the Lords concurred with the Commons in an Ordinance for electing of Common-Conucil-men and other Officers within the City of London for the year ensuing; Thursday next being the usual day appointed for choice of them, the Ordinance briefly runs thus: "That no Persons whatsoever that hath been imprisoned, or hath had his Estate sequestred for Delinquency, or hath assisted the King against the Parliament in the first or second Wars, of hath been aiding or assisting in bringing in the Scots Army to invade the Kingdom of England, or did subscribe or abett to the treasonable Ingagment in 1647. or that did aid or assist or abett the late Tumult within the Citys of London and Westminster, or the Counties of Kent, Essex, Middlesex or Surrey, shall be elected, chosen, or put into the Office and Place of Lord Mayor Aldermen, Alderman's Deputy, Common-Council-man, or into any Office or other place of Trust within the City for the Year ensuing, or be capable to give his Voice for chusing any Person to any the Offices aforesaid.
"And that if any Person comprehended under the aforesaid Exceptions being chosen, shall presume to fit in the Court of Aldermen, Common-Council, &c. or execute any of the aforesaid Offices, shall forfeit two hundred Pounds, the one half whereof within 20 days to be paid to him or them that shall make proof thereof, and the other moiety to be paid unto the Treasurers appointed by Parliament for the use and relief of the maimed Soldiers; and that all such Elections are null and void: And the Lord May or for the time being is required to give Order, that this Ordinance be published at all Elections, and that the same be strictly and punctually observed; as also by affording the liberty of Poll, it being required by any of the Electors present.
The House spent much time in debate to the Vote of 5 December, 1648. That the King's Answer to the Proportions, was a ground for the House to proceed upon for the Settlement of the Peace of the Kingdom, whether any Member might not have free Liberty to dissent from the said Vote: And it was resolved in the Affirmative.
Hereupon a Committee was appointed to consider of the manner of this Dissent, and how every Member should make it in Parliament, and to draw up an Expedient to this purpose, for the Members to subscribe as Dissenters to that Vote that the King's Answer to the Propositions were ground of Peace.
The House ordered, that Sir Charles Kermish should be apprehended by the Serjeant at Arms, and proceeded against according to Justice, for slaying in Town contrary to the late Ordinance for putting Delinquents out of the late lines of Communication.
The Lords agreed with the Commons in the List of the Persons to attend the King's Person, and they were these following, viz. Mr. Harrington and Mr. Herbert Gentlemen of the Bed-Chamber, Mr. Mildmay Carver, Lieut. Col. Robinson Cupbearer, Major Ducket Sewer, Capt. Preston of the Robes, Mr. Reading Page of the Back-Stairs, Mr. Lee Paymaster, Mr. Muschamp of the Wood-Yard, Mr. Leven of the Cellar and Buttery, Mr. Catchside of the Panty arid Ewer, Mr. Laban Page of the Presence, Mr. Turner Groom of the Chamber, Capt Joyner Mr. Cook, and two Cooks.
The Lords sent to the Commons, desiring their concurrence, that Friday next be a day of Humiliation for all within the Lines of Communication, to seek God for Diverting the heavy Judgments that hang over the Nation, and for giving a Blessing upon the Consoltations of Parliament. The Commons disagreed as to all within the late Lines to observe the Day, and agreed, that the two Houses only keep it at Margarets at westminster; they voted Mr. Cockain and Mr. Bond should be desired to preach, and Mr. Foxley to pray.
Intelligence was brought to the House from several hands, that the Prince of Wales was making ready 8 Ships, having taken out and fold the Brass Guns that were in them, all but such as were fit for the Field, and put Iron ones in their room, which Ships are to be commanded by Prince Rupert, the Prince being to return to his Mother. These 8 Ships are to go first to Garnsey and Silly, and settle those Islands, then to Ireland to assist the Marquiss of Ormond for reducing that Kingdom to the obedience of his Majesty, and then comes an Army over into Wales and so for England. That such Prizes as shall be taken be appropriated to the aforesaid uses. Agents are dispatched to the several Princes and States of Christendom, for Freedom as formerly with his Majesty of England, for augmentation of this Fleet: And to make it more formidable against the English, all undone, decayed and discontented Gentlemen, are invited to join and provide Ships; which is in part done, divers being gone out of the West-Parts already to Silly and Ireland. There goes with Prince Rupert 1000 Soldiers besides Sailors, also very many Gentlemen or Reformadoes, the Inhabitants of the Island of Garnsey, &c. its intended they be moulded into Regiments, and imployed by Sea or Land, as being like to prove more advantageous than their lively hood there; besides other notable designs on Foot as to Ireland, not fit here to be mentioned. This business was debated, and thereupon ordered that some go to the Lord Admiral to consult with him, what is necessary to be done, whose readiness in that and good affection to a sure Settlement of this Kingdom, hath been amply manifested since his return; and that the Letter from Ireland, which said he had made Agreement with the Prince, is false and scandalous.
May it please your Excellency,
This Day according to former appointment there was a General Meeting of Officers here, who resolved upon a Declaration to be presented to your Lordship and your General Council, and appointed Capt. Bayns with Capt. Bradford to wait upon your Excellency therewith, and to give you an account of their Proceedings. They have desired me to acquaint your Excellency, that they have appointed a standing Council of Officers to meet on Friday every Week to receive, consult, and advise upon such publick Affairs, as your Excellency or your General Council shall think fit from time to time to communicate to them, for keeping a right understanding and mutual correspondency between the Forces, that there may be a joint acting in this publick Service.
They also desire those Officers may be admitted to sit with your General Council to the end they may receive the better Information, and have account of such publick Affairs wherein they may be concern'd: And this is all at present
"Our great desire therefore is, that the Remonstrance of the Army may be speedily and effectually acted upon, with such Wisdom, Caution, Self-denial, Care and Consideration, as that both the common and bosom Enemy may be prevented in their present or future obstructing, opposing Designs, and may not have time and advantage to raise new Divisions, Troubles; and those good Conceptions, which God hath thus begotten in you, and through you remonstrated to this Kingdom, in which all the well affected free ingenuous Spirits will most readily close, and freely act with you, may not become an untimely Birth as heretofore, but prosecuted to the life, so as the Kingdom may reap the fruit of all our labours, and its own sufferings.
"Tho' we shall not take upon us to advise or direct your Council in the prosecution thereof, yet we take the boldness to offer our sense and thoughts, desiring that on the one hand your Actings may be full and effectual, so on the other care may be taken, that they may be with as much satisfaction as can be to all such tender Spirits as do agree with you in the justness and goodness of the things proposed, but notwithstanding are not so clear in using of that means that you may be forced to take for that end.
"That the same care may be had as the taken away of all present and future objections of wilful and unnecessary Forces; and that all impartial Men may be satisfied, that your Actings proceed not from your Will or interest, nor shall extend further, than singly and clearly to redeeming of the just Liberty of this Nation, and the settling of it in Peace and Quietness.
"That only such things may put insisted upon as may be a reasonable and certain Period to this present Parliament, and may for the future establish free successive Parliaments, duly elected according to the Provision in the Remonstrance.
"That some certain Provision may be made, that no Persons that may be elected Members of Parliament, contrary to the Provision in the Remonstrance, may be admitted thereto before they are tried whether duly elected accordingly, and approved by some faithful Men, to be carefully chosen, appointed and authorized to judg thereof.
"All which being settled, the Army provided for, so. as no Free-Quarter may be taken, and such other common and ordinary things as concern, the Administration of Common. Justice, the present Quiet of the Kingdom, and all other things whatsoever may be left to the Power and disposal of the next free and duly elected Parliament, which we conceive may be the most proper Instruments in the hand of God for settling the Kingdom.
An Ordinance past this day for the Payment of the 28000l. taken out of Weavers Hall, to the Committee of the Navy for the present use of the Navy, to be repaid within six Months after out of the Receipts of the Customs.
The House was informed, that the Mariners have been much endangered and abused by unwholesom Victuals; they therefore ordered that it should be referred to a Committee to consider of this great abuse, and how the Persons may be punished for the same, and how prevented for the time to come.
A Letter this day came from the Lord General, Recommending the distressed condition of the Wife of Col. late Rainsborough to their serious Consideration, desiring that speedy Payment may be made of her lare Husbands Arrears, for the Maintenance of her and her Childeren. The House had some debate hereof, and a Committee was appointed to consider how and in what manner the said Monies may be certainly charged, the House being very desirous to give satisfaction herein, as was desired.
A Message this day came from the Peers to the Commons, desiring their assent to an Ordinance for conferring on the Earl of Pembrooke the Constableship of the Honour and Castle of Windsor, and to have the custody of the Park thereunto belonging, called the great Park of Windsor: The Ordinance was read and assented unto.
The Commons had debate of the Arrears by Delinquents for their Compositions due upon Bond, which they found to be above 200000l. Whereupon the House passed Instructions for the Committee of Goldsmiths-Hall to send for such, and ordered an Ordinance to be brought in for the said Committee to have power to send Officers and Messengers to sequester the Estates of such Delinquents in the several Counties of the Kingdom, as pay not their Arrears of Composition upon the first and second payment; ordered also a List to be brought in of those that are in Arrear of the last Moiety, as also of those that have paid none.
From before Scarborough December the 16, they write thus: We have been fed long with Expectation from the Governour, to admit of a real Treaty; we find him very plausible of late, and more complying now than ever. I suppose we shall make but short Work of this business, having great hope and some assurance of a speedy Surrender. We here our Brethren of Scotland are not well pleased with the late Transactions in England. The Royal Party would fain be heading, but little danger of any attempt thereof 'till the Spring; but I doubt not of Argile's Fidelity and Performance of his former Engagement
And from Scotland, December 12. say the Letters, All things are quiet here; the Lord Lothian and Mr. G—g are coming to London to assist Sir John Chiesley. Here is a bearing up by our disaffected in hope of Ormond's settling Ireland, and the Earl of Antrim mastering the North.
From the Ships attending upon the Coasts of Ireland, and from Kinsale came Letters thus: After 8 days beating at Sea, we met a Dutch-ship laden with Wine, Salt, &c. for Waterford, which we took;, its a good Ship of 300 Tun, 14 Guns, the Merchant is an Irish Man: Capt. Pen carried her to Bristoll, with the Gentleman exchanged for the Ld Inchequin's Son; the said Lord as we are informed was in such fear of surprize by the Officers and Inhabitants of Cork, that he was enforced to do such things as are no way agreeable to his mind, telling the Marquiss of Ormond, he could not be secure without an Irish Guard, whereupon greater differences daily arise, and nothing settled as to those Parts; which as it is a just reward of his dealing, so its a fair opportunity for the Parliament to get possession of those parts, The Cessation is continued 'till January 1. between the Rebells and Ormond, who will it's believed not join or agree, until it be known what will be the conclusion between King and Parliament.
An additional Ordinance was past as to electing of Lord Mayor, Aldermen, and Common-Council-men in the City of London, that none who subscribed the Petition for the Treaty, and to bring the King to London (the Votesfor non-addresses to his Majesty being not then recalled) should be elected upon the same Penalties as before.
The Committee appointed to attend the General for his Answer concerning the secluded Members, made report this day of the substance of his Excellency's said Answer, which was to this purpose, viz. That the matter which that Committee came to him upon, was of great concernment, and his Excellency believed, that they did not expect a present Answer from him concerning the same, that he would prepare a speedy Answer as might be thereunto, and desired in the mean time the House would not trouble themselves to send any more to him concerning this business.
The House then took into debate, whether this Answer was satisfactory or not, or whether they should renew the said Message to his Excellency; the House in debate hereupon ordered, that the said Message should be renewed by some of the Committee that presented the former Message to him.
Sixteen of the Members of Parliament secured by the Army, were this day set at liberty by order from the General; and they were these following, the Lord Wenman, Sir Gilbert Gerrard, Mr. Francis Gerrard, Sir Anthony Irby, Sir Thomas Soames, Sir John Merrick, Sir Samuel Luke, Sir Martin Lister, Mr. Boughton, Mr. Buller, Mr. Vaughan, Sir Walter Earl, Mr. Buckley, Mr. Crew, Sir Robert Bye, and Mr. Knightley. These Members are left at liberty to sit in the House again if they please, and no charge against them: the rest of the secluded Members still in custody.
Two new listed Souldiers in Col. Deanes Regiment, Henry Matthews, and Robert Rowe, were this day tryed by a Court Martial, and sentenced to ride the Wooden Horse at the Royal Exchange, for an Hour at Exchange-time; and on Saturday next at the same place to run the Gantelope through Col. Deanes Regiment: this was a piece of Justice upon these two for the Example of others, who under the colour of being Souldiers, care not what knavery they act. Their Crimes was this: These with two more who escaped, took upon them to apprehend a Citizen of London, under pretence of a Warrant from the Council of War, and that they had a great charge against him, when there was no such matter; but they thought by this means to get Mony of him. The Citizen forthwith makes some Officers at White-Hall, acquainted therewith, and the Council of War disclaiming the Act, send for he Souldiers, that made this bold attempt.
Thursday, December 21.
The House ordered, that the said Petitioners should be called in, and have the thanks of the House given them for their good affection to the Parliament; and ordered that the said Petition with the order of Thanks should be forth with printed and published.
The House considered further of the Proceedings of the Prince of Wales, in landing of the Ordinance out of the revolted Ships in Holland, and putting them to sale for small value, and the great disadvantage this Kingdom will receive thereby, and therefore ordered that a Letter should be written to Mr. Strickland to take care of this business, and prevent the sale thereof as much as might be, in relation to the inconveniency thereof to this Kingdom.
The General Council of the Army have had many large debates this Week upon that reserve in the Representative; in matters of Religion; some Presbyterian Ministers have been discours'd withal, and at last an expedient is agreed upon, which will give satisfaction: much debate also upon the power of the Representative in Civils, as how far they might proceed to punish, not being directed by a known Law.
The House this day ordered that Mr. Peters, Mr. Cockaine and Mr. Foxley, should have the thanks of the House for the great pains they have taken in preaching Yesterday before the Houses of Parliament at Margarets Westminster, and that they shall have the same benefit as others, to print their Sermons if they please.
A Committee of Common Council came down this day to the House, acquainting them, that by Ordinance of Parliament, none should have Freedom to be elected Lord Mayor, Aldermen, or Common Council Men in the City that have born Arms against the Parliament, been in the late Rebellion, or signed the Petition for a personal Treaty with his Majesty; that they sound that the City of London were so generally engaged in the said Petition for a personal Treaty, that all the old Common Council Men, whom they were on Thursday last to elect, were generally engaged therein excepting a very few; and that they could not find Men enough out of the said Restriction to elect, or that would stand for Common Council Men, Quest Men, Jury-Men, Constables, and other Officers of the City: therefore desired that some speedy course may be taken therein.
The House debated hereupon, and at last ordered, that this business should be referred to the consideration of a Committee, who were ordered to report their opinions to the House on Monday morning, that an expedient may be found out, whereby the City may be supplied with Officers.
The House had much debate this day about bringing the great Delinquents of the Kingdom to speedy punishment, and ordered a Committee of 38 to consider of drawing up a Charge, and for that purpose to receive all Informations and Examinations of all Witnesses for the matters of Fact against the King, and all other Delinquents, that may be thought fit to be brought to condign Punishment.
This day his Excellency the Lord Fairfax received Letters from Col. Bethell dated at Scarborough, the 19th instant, of the surrender of Scarborough-Castle that day unto him. The Effect of the Articles of Rendition, is as follows.
"2. That the Governour, Officers, Gentlemen and Souldiers in the said Castle should march out with their wearing Apparel, their Colours flying, Drums beating, Muskets laden, Bandaleers filled, Matches lighted, and Bullet in Mouth, to Scarborough Common, and there to lay down their Arms.
"3. The Governour to march with his Horse and Arms, and three Servants on Horseback to attend with their Swords to what place be shall appoint; every Field-Officer on Horseback with his Sword and. Pistols, and two Servants on Horseback with their Swords; every Captain on Horseback with his Sword and Pistols, and one Servant to attend him; all other common. Officers and Gentlemen on Foot with one Pistol and Sword; all other Officers and Soldiers with their Swords, to their several Habitations, there to remain without molestation, submitting to all Orders and Ordinances of Parliament.
"5. That all Gentlewomen within the said Castle, shall be suffered to pass out with their wearing Apparel, Moneys and Necessaries, to pass to such Places as shall be nominated, and to procure or hire Horses.
The reason of granting such Articles, was by reason of an Information; that several Ships with Men and Provisions from the Prince were designed thither, and expected every Hour for the relief of the Castle.
This Day at the Court Martial at White Hall, Major Pitcher was tryed, who upon the Articles of the Surrender of Pembroke, was to depart the Kingdom for two Years, but stayed here contrary to the Articles, and was condemned to be shot to Death on Monday next.
The Commons voted, that a Letter should be sent from the House byway of encouragement to the County of Somerset, to go on with settling their Association with the well affected, and the Forces of the Counties adjacent. They ordered Major Withers 1000l. in part of a greater Sum, to be charged upon the Excise in course, with 8 per Cent. per Ann. from May 7.1643, most part of it being lent Monys since that time. Seven Members of the House declared their Dissents to the Vote of December 5. 1648. The Committee named on Saturday last to consider how to proceed in a way of Justice against the King, was enjoined to fit this Afternoon. The Ordinance concering the Militia of the Kingdom, is to be reported to morrow. most part of the day was spent in debate, whether the secluded Members should be readmitted or not, but came to no result.
The Lords had a conferrence with the Commons, about Monys formerly granted unto the Lord Willoughby, part of his Arrears being 3000l. which he had by Hand and Seal past over to such as he was indebted unto, who accepted the security. The Commons upon his joining with the Prince, vote the Mony to pay the Lancashire Forces: the Lords conceived it a wrong to the Men to whom it was assigned, and recommend it to the Commons. They being very few that fit in the Lord's House, it was ordered that all within 20 Miles appear by Thursday, and all more remote within 14 Days after the receipt of the Order: it was moved that a Fine of 500l. be set upon those that did not appear, but not agreed unto.
"That after a vast expence of Blood and Treasure for many Years continuance, we have expected a firmer establishment of our native Liberties, but by the just hand of God upon us for our old and new Provocations in our unchristian Divisions, and abominable Self-seeking that is amongst, us, even of all conditions, and through the restless malice of our secret and open Adversaries, we are under the shadows of hope cast back into as great fearsand dangers as ever, having no greater security against our former evils than at first, if so much. Now to the end we may not deliver ourselves to ruin by neglecting of our first Principals, feal'd with Oaths, Vows and Co. venants, as well as the naturalities of Sense and Reason, assuring common and publick, if not universal good hereby; We humbly offer these following Offers to the Honourable House for the Redress of present, and prevention of future evils.
"Viz. That present inquire be made, who have been the chief Instruments of the King in the former or this latter War, and the late inviting and bringing in the Scots; and that himself and all such as have been the most notorious Incendiaries and Instruments in shedding Blood, may without further delay be brought to due and impartial Justice; the remissness in which up serious Inquisition we fear to be one of the chiefelt causes of God's so great displeasure in the several Judgments now on this Nation.
"That Courts of Justice, both for Law and Equity, Judges, Officers, and Fees certain, and Laws in the vulgar Tongue, and all other things concerning the Administration of Justice in this Kingdom, may without respect of Persons be of speedily settled as may agree most with the rule of Christian Duty, just Reason, and the true Birthright and Privilege of English Men; and that accordingly impartial Commissioners be forewith authorized and imployed to try the several Persons that had any hand in the Mutinies in Norwich, Kent, and other Counties.
"3. That some speedy course be taken whereby the way of discharge of the Debts, especially the publick Debts of the Kingdom, may be ascertained and to that end, that no more Compositions be made with Delinquents 'till they be all discharged, and the last Penny due as Arrears, or shall become due to the Army, satisfied; and such as shall be thought fit to be sold, to be ascertained, and the same accordingly performed, extending as well to the new as old Delinquents; and that all future Taxes for the security of the Kingdom may throughout the whole Kingdom be made as easy, as laid as proportionably, and so to be levied, as can by your Wisdoms be conceived.
"4. That such as have been in action in the last Wars, or formerly against the Commonwealth, may be discharged from all Offices and places of Trust in Parliament or elsewhere; that under the notion of a Peer we be not voted or contrived into ruin by them that could not beat us into it; and to that end that a special Committee be ordained to order and regulate Affairs of State during the Intervals of Parliament.
"5. That the Power of the Millitia of the Kingdom may not be conser'd by your Authority upon Malignants or Neuters, but that the same may be put into such hands only, whose Integrity, Fidelity and Affection to the Parliament cannot justly be suspected.
"6. That the army, whose Faithfulness and Constancy we cannot but acknowledge, may be vindicated against all unjust Odiums and Aspersions cast upon them, especially for their late Proceedings in order to impartial Justice on the capital Offenders, the best means to establish this dying and almost miserably destroyed Nation; and for the better preventing the odium of the People against them, occasioned by Free-Quarter, that constant Pay be provided for them.
"That your Petitioners having with the late Addresses of this County ineffectually offered their own desires for civil Justice to be done upon the Persons and Estates of capital Offenders in the former and latter War, but finding that in the unmasquing of these just Desires of the Reprehensions of the House by their denyal or neglect, have hitherto stamped so great a discouragement on our minds and memories, as had almost silenced Truth and innocency it self; did not the satisfaction we have received from the Remonstrance of our most renowned General, and his General Council of the Army, reinforce our courage and resolution to cast off that discommendable crime of blushing at a virtuous Action, lying under the burden of so unsutable a silence in so common a concernment as hath throughly ingaged us in those Re-Addresses to your Honours, wherein we devote our adherence to his Excellency, and the Army in their Remonstrance, and the particulars of it; in which pursuance we repetition your honourable and speedy comportment, not doubting but the effecting thereof will crown your former Councils, and perfect our present Peace: nor want we further hope, that the great Reason and Justice therein rendred will so powerfully on your parts persuade, that you will not repent the Grant of what we have petitioned or served for. Thus not fearing that our duty therein shall arrive at labour in vain, we do assert unto our selves, that our Love and Service to the publick Good, and your just Power and Privilege, shall ever run in an undivided Channel, which would otherways by the wounds of seperation bleed to Death, That your Honours may prove the Repairers of our Breaches, and the true proper Parents of Peace,
Tuesday, December 26.
A Letter this day was read from Col. Bethell of the Surrender of Scarborough, and a Copy of the Articles for Surrender thereof inclosed: The House after the reading thereof voted, that they approved of and confirmed the said Articles. They likewise ordered the Messenger that brought this good news should have 40l., given him.
Mr. Elsing the Clerk of the Parliament being of late much indisposed to execute his place, they ordered Mr. Phelps, formerly Clerk of the Committee of plundred Ministers, should officiate the said Place, he procuring a Depuration from Master Elsing.
A Petition was this day presented to the House from the Merchants trading to the East Indies, desiring that they may have leave as formerly for the Transportation of 13000l. worth of Bullion. The House granted their Petition, and ordered the same accordingly.
Several Petitions and Declarations have been presented to the General and his Council at White Hall in complyance with the Army's Remonstrances,; and the like to the House of Commons, whereof some have been printed already: this following to the General (not being printed) is here inserted.
"That the Hearts of your Petitioners have been never freed from Fears, since they perceived a resolution in the Houses of Parliament to admit and carry on a personal Treaty with the King, which being petitioned so clamorously, cryed out for, and at length perfidiously sought for by the Parliaments professed Enemies, could never be imagined to be intended for good to the Parliaments Friends; and for that reason alone, besides the many more of great weight against it, could never certainly have been effected, had not some of those intrusted by the Kingdom, by Combination with the King's Party vigorously promoted his design in a Parliamentary way, as that which at length must consumate and confirm whatever was plotted for the King's End and Purposes. But that God who comforteth the Abject, and loves to turn the Wisdom of Carnal Men into Folly, hath in part freed us from our former Fears; and he having disappointed them in their other designs, which were but in order thereunto, hath disappointed them also in this, by putting an end (if at this distance we have the Truth) unto that evil Treaty, which notwithstanding, and that our hopes are again revived by that faithful and judicious Remonstrance lately sent by your Excellency, and your Council of Officers to the Parliament, wherein the mischiefs of the late Treaty and Miseries lying yet upon the Kingdoms, with their probable Remedies, are declared, whereunto we hereby most gladly witness our Concurrence; yet such is the Apostacy of some, Treachery of many, and untowardliness, or, to speak the belt, coldness of the most, that new Contrivances will not be wanting suddenly, nay are already begun in Ireland, as appears by the Marquiss of Ormond's Declaration now published to the World, for the destroying of the well-affected Party in the three Kingdoms, and all that adhere to them, under such Notions and Names as themselves please to give them, and for the better frustration of all that good, which this Parliament, while they acted upon right Principles and unto right Ends, so happily have began.
"Wherefore your Petitioners humbly beseech your Excellency, as you tender the Honour of God, the Welfare of this Nation in general, and more especially the Lives and Liberties of those of the Nation, that have engaged out of Conscience and Honesty for this Parliament, that you would still continue to represent to the House of Commons the desires of us and of all their real Friends in the Kingdom, and earnestly to mediate with, them to consider and regard the several late Petitions from London Leicestershire, the Northern Counties, and other places sent them, left it be imputed to their perpetual dishonour, that they have deserted their first Principles, or intend to hearken to the Councils and Perswasions of their Enemies, rather than of those who have hazarded their Lives and Fortunes in theirs and the Kingdoms just Quarrel; not ceasing to lay before them the great Distractions and Dangers of the Nation, and how needful a present Settlement is by virtue of that Authority they have hitherto claimed and exercised, with any more Addresses to the King, who is not like to surcease the execution of those mischiefs he, and his Party by his Instigation, have unalterably resolved: and to beseech them, that after a general Invocation upon God, appointed throughout the Land for Direction and Success, they would set all other Business of lesser Consequence aside, 'till this great Business of Settlement be effected.
"And because there is little hope of Peace with God or Man, while the Authors of our former and late Troubles, and of the Blood shed in the three Kingdoms, escape unpunished, that your Excellency would be pleased to endeavour, that Justice may be done upon them in some exemplary way, sutable to their Crimes, without respect of Persons, according to God's own way of Proceeding, who is no respecter of Persons; that so such Snakes may be no longer nourished in our Bosoms, who do but watch their opportunities at length to sting us to Death. Many Grievances and Burdens by Free-Quarter, unequal Taxes, irregular, corrupt and extorsive Proceedings in Courts of Justice, and other gross miscarriages in Government of the Commonwealth, call for speedy Redress. But might the mentioned particulars be once seriously intended, we should not need to despair of some Reformation in those, In reference to all which, we shall depend upon the ordinary Remedy by Parliament, 'till God declare by evident Demonstrations of his Will in the passage of his Providence, that that extraordinary is to be resorted unto, which is never denyed in case of extremity to any People. And having thus set before our eyes, from what God seems to have discovered by his miraculous past Deliverance, and leading us in safety through all the difficulties our Enemies could devise, to hinder our departure out of spiritual and civil Bondage, that there remains for us yet a promised Canaan; We do therefore resolve, God strengthning us, to follow your Excellency and the rest of those Conductors raised up and spirited for so great a Work, through a Sea of Blood, to attain the Fruition thereof.
From Windsor, December 25. Sir, I am sorry there should be the least ground of Jealousy or cause of any Report, that honest Col Ewer, Governour of Hurst-Castle, should refuse to deliver us the King; If I had not been satisfyed it was the Report of the Malignants, I should have been more troubled at it. When we came with him to Winchester, the Wise Mayor and Aldermen of that Corporation, came to meet him at the Towns end, with a learned Speech, and according to former custom, presented their Mace unto his Majesty. The Commander in chief came afterwards to the Mayor, and told him, that the House had voted, that no Addresses should be made to, or receive from the King, and that such as did either, were declared to be Traytors; that himself in making this Address, had brought himself and his Brethren within the Compass of that Vote; and that they must all be proceeded against as Rebels and Traytors. The Mayor and his Brethren being much terrified herewith, some of them became humble Suitors to the Colonel that commanded the Brigade, to mediate for them to the Parliament for mercy, as being ignorant and simple of any such Votes and Proceedings of Parliament, begging with much importunity for Pardon for what they had done, and they should ever be more cautious what they did in the like case for the future, His Majesty coming to Bagshot after Dinner, called for his Coach, which they told him was gone before: be then commanded his Horse to be brought him; which he perceived lame, asking his Groom how he came so; he answered, that since his Majesty's coming into that Town a piece of a Nail had unfortunately run into his Foot, at which his Majesty was much troubled. A Knight hereupon near that Town, sent him a brave Gelding, which the Party was somewhat fearful might be too light of Foot for them, therefore some good Horse were commanded for Flankers till he came off be Downs: be rode very, fast but when all things are considered, you'll find he might have taken more leisure.
Dublin December 14. These Parts are quiet beyond expectation, which we can impute to nothing but toe divisions among our Enemies: 100 Foot from each Regiment and about 300 Horse begin their march to morrow, under Command of Col, Castell towards the Nobbe, a Garrison of the Enemies which we took in twice last Year, and utterly demolished; yet such is the Situation thereof, that it hath been again fortified: those in it are so active, and therein so obnoxious to our Quarter, that if we destroy it not, we shall be exceedingly prejudiced.
The last Intelligence from our Enemies declare their destractions both certain and great, not only at Kilkenny, but in other parts: we are from good hands assured they are like to increase; for Owen Roe hath erected a provincial Council for the North, which is to reside at Belturbat in the County of Cavan, where himself and his Forces now are: he prepares for action, yet we believe not this way, but rather in the North and West. Sir Robert Welsh and a Scotish Knight are lately landed at Galway from the Prince, himself shortly after expected, as necessary to carry on the Conquest of this Kingdom; and his Journey to Paris is altered for they who are to come will not come without him: these Intentions against this Kingdom, we hope will put you in England upon sending a large Force at Spring, and to provide all things necessary both for them and us.
The Council of War who now manage business as in relation to the King, have ordered the way of State and Majesty about him, as to Persons and Manner, viz. that nothing be done upon the Knee, and that all Ceremonies of State to the King be left off, and his Attendance is to be with sewer, and at less Charges, &c.
An Ordinance of Explanation of the former Ordinance of Parliament of 20 of December instant concerning the electing of Common Council-Men and other Officers of the City of London, was this day read the first and second time, and upon the Question committed.
And because the well-affected of the said City should be confident, that the House would adhere to their said former Ordinance concerning this business, They ordered that the Lord Mayor and Common-Council-Men, and others of the said City should be required to proceed in electing of a new Common-Council, according to the said former Ordinance, and not otherwise.
And because that the Oaths of Allegiance and Supremacy, and others, are enfore'd upon all the People, before they can be made free of the said City; The House therefore ordered, for the prevention of the like Inconveniences for the future, that the said illegal Oaths of Allegiance and Supremacy, and all other of the like nature, should be referred to the consideration of the said Committee, to whom this Ordinance was committed, to the end they may for the future be taken away.
The Committee appointed to consider of the drawing up of a Charge against, and of the manner of the Tryal of his Majesty, reported an Ordinance this Day to the House for attainting him of High Treason, and for trying him by such Commissioners as should be nominated in the Body of the said Ordinance: the House having read it the first time, ordered it to be read the second time, to morrow morning at 10 a Clock. The Charge runs thus.
"That Charles Stuart hath acted contrary to his Trust, in departing from the Parliament, setting-up his Standard, making a War against them, and thereby been the occasion of much Bloodshed and Misery to the People, whom he was set over for good: That he gave Commissions to Irish Rebels, &c. and since was the occasion of a second War, &c. besides what he has done contrary to the Liberties of the Subject, and tending to the Destruction of the Fundamental Laws and Liberties of this Kingdom, &c.
The House according to former Order proceeded in the reading the Ordinance for impeaching Charles Stuart of High Treason the second time; which done, then spent much time in debate thereof, and ordered that the said Ordinance should be committed to a Committee to be chosen for that purpose to consider thereof, and report the same to the House with all speed.
The House likewise ordered that the Pinnace called the Constant Warwick should not be fold, but disposed of for the Service of the Kingdom, for which purpose it was ordered to be referred to the Committee of the Navy.
"Whereas William Pitcher, known by the Name of Major Pitcher, having a long time served in the King's Party against the Parliament, and in that Service having been a most violent and bitter Enemy, guilty of many and exorbitant Outrages; and upon the Articles for the Surrender of Worcester, having engaged not to bear Arms any more against the Parliament, and yet being the last Summer found again in Arms against the Parliament at Pembrook, and there for that and other Causes upon Treaty for Surrender thereof, insisted upon to be at Mercy for Quarter, but upon importunity of the Enemies Commissioners on his behalf, being allowed liberty to go beyond Sea within six Weeks, and not return into this Kingdom for the space of two Years, without leave from the Parliament, otherwise to forfeit the Benefit of the Articles (which implyed, as was then declared, that in case of such Forfeture he should have no Quarter, but die without Mercy) nevertheless the said Major Pitcher hath continued ever since in England, and was found lurking in London since the Proclamation requiring all of the King's Party, who had not compounded, to depart the Town. And there being evidence of his lying here, in design to list Men for the King, in order to a new Disturbance; the Council of War hath hereupon adjudg'd, that he has broke his Faith as a Soldier given in the said Engagement at Worcester, and forfeited the Benefit of his Articles at Pembrook: and upon this Ground, with other Reasons aforementioned, have thought fit that he should have no further Quarter, but Death, according to the general Customs and Laws of War; and according to the Articles against Spies, have adjudged him to be shot to Death. In the Name and by the Authority of the Court Martial.
The Committee of the Navy did this day report to the House, the Answer of the Commissioners of the old and petty Customs, concerning the advance of 6000l. for the present service of the Navy. The House ordered hereupon that it should be reserved to the Committees of the Revenues, and the Navy, to consider of and confer with the said Commissioners of the old and petty Customs, how the said old and petty Customs may be settled for reimbursing the said 6000l. to be sent to the said Commissioners for the present supply of the Navy.
The Committee formerly appointed to consider of the State of Accounts at Goldsmiths-Hall, made a report this day to the House of what Monys were due from Delinquents that have compounded, and paid no part of their Composition Monys; from other Delinquents that have paid in their first Moiety, but not the second according to Ingagement: Likewise of what Monys are charged upon what Receipt, and that in Arrears to be paid by them according to several Ordinances of Parliament. The House hereupon ordered that this Report should be referred to the consideration of a Committee to be named for that purpose, which accordingly was named.
The General Council of the Army sat this Day also in White-Hall, and passed the remaining Articles of the Agreement of the People, and appointed a Committee to meet the next day, to consider of a Form of Conclusion and Subscription to this Agreement, as to the Officers of the Army.
The House of Commons this day heard the Petition of Mrs. Jennings, concerning her Brother a Member of the House, his detaining her Portion from her, and will neither accompt nor answer her in Law, pleading his Priviledg as a Member of Parliament: the House referred it to a Committee.
The House again had reported to them the Ordinance of Attainder and Charge against the King, in the Name of Charles Stuart, for High-Treason; and ordered that the same should be committed to the former Committe chosen for that business, who were to meet this Afternoon, and insert the Names of such Commissioners as should be appointed by the said Ordinance for the Tryal of him: they were likewise to make some special Provision in case the King should refuse to plead to the Charge against him, and were to make Report of the whole Business, on Monday morning next.
The House spent much time in debate of the two Ministers that preached the last Fast Day before them, whether they should have the Thanks of the House or not, one of them, Mr. Watson, not acknowledging them to be a Parliament.
The House at last came to this result, That Mr. Brooks should have Thanks, and leave to print his Sermon if he pleased, but not the other. They had then much debate concerning the repealing the Ordinance for Monthly Fasts and nominating peculiar days as occasion offers, but came to no Result.