Historical Collections of Private Passages of State: Volume 7, 1647-48. Originally published by D Browne, London, 1721.
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Chap. XXIII. Proceedings in Parliament from January 31. till February 26. 1647.
Monday, January 31.
Inconvenience of the Paucity of Judges.
The House of Commons this Day considered of the great Inconvenience of the Paucity of Judges in the several Courts at Westminster-Hall, and ordered, that the Report as to this Business, should be taken into Consideration on Saturday next.
Ordinance for Rotherham in Kent.
The House considered of an Ordinance for dividing the Parish of Rotherham, in Kent, and after much Debate, past the same.
Ordinance for Preaching Ministry to be reported.
And it was then further Ordered, That the Ordinance for dividing of Parishes throughout the Kingdom, and of further Provision for settling a Preaching Ministry, should be reported on Friday next.
Particular Impeachment against the Seven Lords.
The particular Impeachments of the House of Commons against the Seven Lords, were this Day by a Message, carried up to the Lords House; and at the presenting thereof at the Bar, it was desired, That their Lordships would proceed therein against the Lords impeached according to the Laws of the Land, and Customs of Parliament: and that the Commons would be ready to make good their Proofs when their Lord-ships shall think fit.
Committee of Foreign Affairs to examine the Matter of Fact as to Lieut. Col. Burges's raising Forces for Spain.
Information was given to the House by a Gentleman of Quality and Fidelity, That one Lieut. Col. burges, who formerly had Command under his Majesty, was raising of several Forces in this Kingdom, by Virtue of a Commission from the Spanish Embassador. The House considering, if the Truth thereof be proved, what a high Breach it may be between the Two Crowns, Ordered, That this Matter should be referred to the Committee for Foreign Affairs, to examine the Matter of Fact, and report the same with all convenient speed to the House.
Scots Officers Petition for Arrears.
A Petition was presented to the House in the Name of the Scots Officers, who wait here in Expectation of Payment of some part of their Arrears due from this Nation; which was well accepted by the House, who being willing to give a fair Compliance to the Desires of the said Officers, ordered their said Arrears to be charged upon a good Receipt; which, without doubt, will speedily be able to make Payment thereof to them.
Ordinance for suppressing of Stage-Plays to be reported.
A Message came this Day from the Lords, with an Ordinance for Suppressing of Stage-Plays, wherein they desire the House of Commons to concur with their Lordships. The said Ordinance was read, and some Debate had thereupon, but ordered to be laid aside. Thereupon the House of Commons ordered, That the Committee to whom the House had referred the drawing up of an Ordinance for suppressing of Stage-Plays, and punishing Stage-Players, should then report the said Ordinance in their Hands, which was done accordingly; which was read the first time, and ordered to be read again on Thursday next.
Mr. Steel to be Recorder in the room of Mr. Glyn.
The Commons, at a Conference, acquainted their Lordships that they had voted Mr. Glyn, the Recorder of London, uncapable of such publick Places, and they desired their Lordships Concurrence for Mr. Steel to be Recorder in his stead. Their Lordships voted to consider of the Impeachments the next Day.
Bill for passing the List of Sheriffs.
The Commons also at this Conference, gave Reasons to their Lordships for passing the List of Sheriffs for certain Counties.
Commissioners preparing to go for Scotland.
The Commissioners prepared for going for Scotland; Mr. Ashhurst and Col. Birch took their Leaves to go this Day, and the rest follow with all, convenient speed.
1500 l. to be paid to such as had suffered in the Service of the Kingdom.
Fifteen Hundred Pounds was ordered to be paid to some eminent Gentlemen, who had done the Kingdom good Service, and suffered much, towards their Losses.
Officers under the Command of the Lord Inchequin, petition for Liberty from their Restraint.
There were several Printed Petitions presented to the Commons this Day by Major-General Sterling, and Lieut. Col. Marshall, Officers of the Army in Munster, under the Command of the Lord Inchequin; wherein they set forth, 'That they were, by Order of Parliament, transmitted to attend the Houses Pleasure, concerning a late Remonstrance of that Army, and some Letters written by them in Scotland in pursuance thereof, by the Command of the said Lord President and Army; as appears by the Army's Petition, and the Lord President's Letter in that behalf.
'That they have been Prisoners to the Serjeant at Arm; ever since November 8.
'That both House were pleased to grant One Indempnity to the Officers of that Army for that general Engagement, and that since they are Members of that Army, and, upon Examination, nothing found against them beyond that Engagement.
'And that the Lords, upon Consideration had of the Justness of their Desires and their Innocency, have granted them the Benefit of the Indempnity.
'They humbly desire, that as they have hazarded their Lives equally with others in that Service, they might partake with them of the Indempnity, and that they might have their Liberty, to the end they might repair to their Commands.
Ordinance passed for dividing the several Counties into Classical Presbiteries.
Both Houses passed an Ordinance for the speedy dividing and settling the several Counties of this Kingdom into distinct Classical Presbiteries, and Congregational Elderships; and which, for better Satisfaction, is to this Purpose:
The Lords and Commons in this present Parliament Assembled, being resolved speedily and more effectually to settle the Presbiterial Government, do Ordain, and be it Ordained by the Authority of the same, That the Committees and Commissioners for the Sixty Thousand Pounds per Mensem, or any Three or more of them of the several Counties of this Kingdom, with the Assistance of such Ministers and others as they shall think fit, do forthwith meet and divide their respective Counties into distinct Classical Presbiteries, where they are not already divided, and certifie such Divisions of the said several Classes, which they either have, or shall make, to the Committee of Lords and Commons, for judging of Scandal; together with the Names of such Ministers and others as are fit to be of each Classis. And that the Chancellors, Vice-Chaneellors and Heads of the Universities, do likewise consider how the Colleges may be put into Classical Presbiteries, and do before the 25th of March next, certifie the same up to the said Committee of Lords and Commons, according to the Ordinance of Parliament, dated the 19th of August, 1645. Which Committee of Lords and Commons is required to approve and confirm the same as they shall think fit, immediately upon receipt of such Certificate. After which said Approbation of such Classical Prestiteries, or any of them, by the said Committee of Lords and Commons, the said Classical Presbiters shall, and hereby have Power, within their several Precincts, to constitute Congregational Elderships, according to the aforesaid Ordinance of the 19th of August, 1645. And be it further Ordained, by the Authority aforesaid, That the said Committee of Lords and Commons shall have Power to Bound the Provincial Assemblies in this Kingdom, and to encrease the Number of Delegates which are, or shall be sent to any Provincial Assemblies, as they shall think fit. And the said Committee of Lords and Commons shall also have Power to constitute Triers within the Province of London, where need shall require.
Letters from the North concerning Disbanding.
From the North this Day came Letters which certify as followeth; and first from York thus:
'We are proceeding here to the Work of Disbanding as fast as we can; Accounts are going to be Audited, some Persons are appointed for Expedition's sake to audite the same, and present them to the Commons. Orders are gone out of each Troop and Company, according to the enclosed Orders, which will both prevent Discontent, and take away the worst Members, till the Business of Disbanding the Forces lie as they did.
'Major Smithson's Regiment are upon their March out of Stafford shire into Yorkshire, upon the Payment of Six Months Assesments, and are now in Derbyshire.
'The Soldiery here are now for the present in a very ill Condition, the Country complaining of them for lying on them still, and they on the Country for resisting to give them Quarters; but'tis hoped, a sudden Disbanding and Payment will prevent both.
Council of War for Trial of Offenders.
'Thursday last, and Yesterday, Councils of War sat in this City for the Trial of some Offenders, particularly Five Soldiers of Capt. Byard's Troop, for committing several Disorders and Misdemeanours at Hallifax, were adjudged to suffer an exemplary Punishment. And also Four Soldiers of Major Rookby's Troop, for misdemeaning themselves at their Quarters at Melton.
'York, 29 Jan. 1647.
Scotch Soldiers hope for another Invasion.
From Newcastle is thus certified: 'The last Week came News from Berwick, That Traquier was received with great Joy at Edenburgh: The Scots Soldiers are very chearful with Hopes of another Invasion, and our English Ground adjacent to their Quarters, sends forth Ecchoes of their thundring Threats daily; but though their Stomachs are up, and no Will wanting, we hear of no Preparation for the Field as yet, no recruiting of Forces; both which must preceed, if any Prejudice they can do us. Upon the Eighth of February next is a great Convention both of Kirk and State, the Issue of that Meeting will manifest their Intentions. The People in Scotland are generally dissatisfied with the Parliament's Proceedings with the King, and so are most of the People hereabouts; which is occasioned by false Reports, sometimes of his being murdered, and otherwhiles of his Removal from one Prison to another, as to Warwick-Castle, the Tower, &c.
By other Letters from the North of the same Date it is thus certified.
Letters of Intelligence from the North.
'There comes nothing hither which purports any thing done or like to be doing in Scotland, tending to the Difference with England. Lieut. Gen. Lesley, with that Force employed against Marquess Huntly, is Quartered in the Counties South of Scotland, and from the East to the West Sea; himself at St. Johnston's still; his Soldiers, about 5000 Horse and Foot, are constantly paid, the Horse Twelve Pence, the Foot Four Pence, and they buy their own Food. This Force it will be difficult to continue, without the Impoverishment of that Kingdom. No Inclination as yet appears, either in the Nobles or Gentry, to raise Forces, but the contrary; and if they should have a mind, it will not be difficult to do it without Noise. The Committee of Estates sit close, they are fixed in Number, and fit Twenty at a time a Week by turn upon the Matter. All the Nobility are at this Instant at Edenburgh upon particular Business, it being Sessions Time. There hath been a great Suit of Law between the Lords of Glancorn and Eglinton, who of them should be the first Earl; the last Week the Lords of Sessions adjudged it for the Lord Glancorn, whereupon the other challenged him to Combat; which being discovered, the Privy Council bound them to the Peace, under pain of 100000 l Scotch; and appointed Duke Hamilton, Marquess Argile, Lord Craford, Cassellis and Callendor to compose the Difference. The Marriage of the Lord Treasurer's Two Daughters to the Two Earls of Roth and Haddington, hath brought to Edenburgh, Duke Hamilton, and many of his Friends, where they intend to stay until the Nuptials are over; the Ladies are the Duke's Neices, the Countess of Craford being his Sister. The Ministers of Scotland are Modest in their Expressions, the late Actions in England being not as yet taken Notice of in Publick: At their Meeting the Eighth of February of Kirk and State, it will be known how they approve. Their Commissioners lately come from London, came not by Call, being by Instructions to Pleasure. The Merchants of Edenburgh and Common People say, Peace is their Good, and they will not Engage Blindfold.: But the Soldier, and he that hath not to take to, talks of nothing but of going farther South. Montrill is still in Edenburgh, makes no Publick Address, no Speech of the Prince of Wales his coming into the Kingdom.
Tuesday, February 1.
Officers in the Mewse desire the Duke of Richmond's Stables.
The House this Day considered of the Desires of some of the Officers and Troopers Quartered in the Mewse, to have the Duke of Richmond's Stables near adjoining unto the said Place, for that the Mewse cannot give Conveniency of Quarter to the whole Regiment of Horse that are Ordered to be Quartered there. The House hereupon Ordered, that the Duke of Richmond should be treated with, concerning the Loan of his Stables for the Use of the said Forces, if he can with Conveniency; and that then the House would take care to provide other Accommodation for his Horses else where.
The House this Day considered of the Commissioners of Customs, and of advancing Monies for the Service of the next Summer's Fleet.
Surveyor of the Customs to Accompt.; Supernumerary Officers of the Excise and Custom to be taken away.
They Ordered, That the Surveyor General of the Customs should give an Account to the House of the Monies received and disbursed by the present Commissioners of the Customs for the Year past, ending December 28 last, and what the State is indebted to them: And that on Thursday Morning next the House do consider of advancing the Excise and Customs of the Kingdom, by taking away superfluous and unnecessary Officers, to the End the State may receive the sole Benefit of those Two great Receipts.
20000 l. for the Service of Ireland assented to.
An Ordinance was reported to the House of Commons by a Committee, for levying the Sum of Twenty Thousand Pounds per Monsem, for the Service of Ireland; which, after much Debate, was assented unto, and ordered to be sent to the Lords for their Concurrence.
Rioters to be tried.
The House then fell into Debate concerning the Rioters which are apprehended, and ordered, that the Judges should be acquainted that the Order of that House is, that the said Riotous Persons should be brought to Trial this Term; and that the House doth expect this Order to be complied with accordingly: And the House considered of Council to be appointed for the State, to prosecure the said Riotous Persons; and having had long Experience of the Abilities and Fidelity of Serjeant Jerman, Mr. Bradshaw, and Mr Steel, ordered the said Persons to be of Council for the State, to present the said Business, and that Mr. Becke should join with the said Persons, for Sollicitation in this Business.
An Ordinance was also read in the House, for the repairing of Churches in several Counties of the Kingdom, and upon the Report of the Committee, the House ordered to agree thereunto.
The Lords debate concerning the Charge of High Treason against several of their Members.
The House of Lords this Day, according to former Order, considered of the several Impeachments of High Treason, High Crimes and Misdemeanours, against several Members of their House: much Debate was had concerning the distinct Charge of High Treason, High Crimes and Misdemeanours; but came to no Resolution upon the Business.
The General Treated at the Tower.
This Day his Excellency, Sir Thomas Fairfax, with some Chief Officers of the Army, were Feasted at the Tower of London, by the Lieutenant of the Tower,
Intelligence from Dublin.
By Letter this Day from Dublin, dated December 22. is thus certified: 'Col. Jones intends to Quarer his Horse about Wicklow all this Winter; but hearing that Preston and Owen Roe were joined to oppose him, and considering the Extremity of the Weather, and Nakedness of the Soldiers, especially want of Corn, all from Brey-Water to Arklow destroyed on this side the River, when he had finished the back Castle of Wecklow, he commanded to burn what Corn was left, and marched away. There is one Company of Col. Long's Regiment left at Wecklow, and another at Old-Court, near Beman-Fort, and the rest of the Regiment at Killington; Four Companies of Old-Castle's Regiment at Power-Court. The White Castle at Wecklow is burnt down. This Day Oxen and Carriages are going to Drogheda to draw away Artillery to Sir Henry Tichburne, who is fallen into the Rebels Quarters in West-Meith. Col. Jones will abroad again, though it be ill lying in the Field, but the Poverty of this Town forceth it; the Soldiers want Bread there, they have allowed them Two Shillings per Week, allowed by the Town, but the Inhabitants cannot bear it; Victuals are dear, the Soldiers Plunder Markets. On Monday last Capt. Primrose came into the Bay with Ammunition, and other Necessaries, much wanting. Col. Keagh Mac Mahon was appointed a Free Booter by Commission from Owen Roe, to destroy our Quarters, and to give Quarter to no Man for Life, that adhered to us. Col. Trevers took Alarm at his Approach toward him, and fell upon him, killed Twelve, and took Horses and Arms for Forty Men, and forced the rest to the Bogs.
Wednesday, February 2.
Judges to Examine the Authors of the late Riot.
The House this Day Ordered, That it should be referred to the Judges of the Bench, who are also required to examine the Authors, Aiders or Abettors in the late Force upon both Houses of Parliament, the 26th of July last, to the End they may be brought to speedy Trial.
The House then considered of an Ordinance in relation to the Proceedings in the Civil Law, and in particular, concerning the Probate of Wills. They Ordered, that an Ordinance should be drawn, One Head whereof to be, That the Probate of Wills shall remain and be proceeded in and determined by the same Law as formerly they were, excepting Appeals to Bishops.
The settling of his Majesty's Houshold, debated.
The House then considered, upon a Report made unto them, of his Majesty's Houshold Servants now attending on him at the Isle of Wight, who were many, and therefore a great Charge to the State, and likewise some among them could not be consided in, and therefore not fitting for so great a Trust. The House hereupon Ordered, That his Majesty's present Houshold should from henceforth be dissolved; and that not above Thirty Attendants, and their Servants, shall be his Majesty's Houshold for the time to come.
Committee for Revenue to satisfy his Majesty's Servants.
They also Ordered, That the Servants who last attended his Majesty, should be referred to the Committee of the Revenue for Satisfaction for their late Service.
The Number to attend his Majesty not to exceed 30.
They further Ordered, That it should be referred to his Excellency Sir Thomas Fairfax, to appoint such Persons as he shall think fit, to attend his Majesty, the Number of them, with their Servants, not to exceed Thirty.
The Governor to admit no more.
And likewise Ordered, That Col. Hammond, Governor of the Isle of Wight, be required not to permit above the said Number of Servants to attend his Majesty, to come within the Walls of the said Castle.
Declaration concerning Non Addresses recommitted.
The Declaration of the House for giving Publick Satisfaction, touching the late Votes of Parliament, that no further Addresses should be made to the King, was this Day reported to the House by the Committee, to whom it was formerly referred; and after much Debate thereupon, it was Ordered to be committed to the same Committee.
The House Ordered, That the Thanks of the House should be given to a Worthy and Faithful Member thereof, Sir Henry Mildmay, for his good Service at Southampton, upon the Commission of Oyer and Terminer, for the Trial of Capt. Burley. Mr. Speaker accordingly gave him the publick Thanks of the House.
Col. Midhup and Feasty committed to Newgate.
The House Ordered, that Col. Midhup and Edward Peasly, who were very active in raising of Forces here against the Army and Kingdom, should be removed from the Prison where they now are, to the Prison of Newgate, in order to the Trials at Law.
The Impeached Lords to spring in a particular Answer to their Charge.
The House of Peers this Day further considered of the Charge against the Seven Lords of their House, and ordered that they should particularly put in Bond, with Security, for their Appearance, and appointed them a Day to bring in an Answer to the particular Charge and Impeachment against them.
Thursday, February 3.
Ordinance for the Civil Law debated.
The House this Day, according to former Order, took into Debate the Ordinance concerning the settling of Proceedings in the Civil-Law. They thereupon ordered several Heads to be Branches of this Ordinance, viz.
That Legacies be proceeded and determined by the same Law as formerly.
That granting of Commons of Goods and Chattels, and all Dependency thereupon, be proceeded by the same Law, as formerly. The like for Marriages and Divorcement, and Suits of Tithes.
Committee to take care to prevent the Imbezeling of the Crown Jewels.
The House received Information, that the Jewels of the Crown of England were endeavoured to be Sold or Pawned, being of great Value, and the like not to be had again.
The House hereupon Ordered it should be referred to a Committee, to consider of some speedy Course to prevent the Sale or Pawning of the said Jewels.
Mannor of Flauborough, belonging to the Earl of Newcastle, to be settled on a Gentleman for Services done to the State.
An Ordinance was read for the conveying of the Mannor of Flauborough, in the County of Nottingham, part of the Estate of the Earl of Newcastle, to a Gentleman of Honour and much Fidelity of the said County, whose Estate was ruined by the said Lord; in answer of his great Losses and faithful Services for this Kingdom: which was assented unto, and ordered to be sent to the Lords for their Concurrence.
A Letter was read in the House of Commons from Gen. Leven, recommending Mr. Robert Fenwick his great Losses and Sufferings to the Parliament.
1000 l. to be paid Mr. Fenwick towards his Losses.
The Petition of the said Mr. Fenwick, was hereupon read, and the House ordered the Sum of 1000l. should be paid unto him, in respect of his said great Losses and good Affections.
They further Ordered, that the Register's Place to the Ecclesiastical or Civil Courts belonging to the County of York, or Bishoprick of Durham, shall be bestowed on the said Mr. Robert Fenwick.
Message from the Lords to settle Mr. Strong Minister of St. Dunstan in the West.
A Message was sent from the Lords, whereby-their Lordships desired the Commons Concurrence to an Ordinance for settling Mr. Strong Minister of St. Dunstan in the West. Their Lordships likewise returned the Votes concerning the Persons to be appointed by his Excellency to attend his Majesty, with One small Alteration.
The House debated upon these Two, and ordered to agree with the Lords therein.
Friday, February 4.
Del are about the Confession of Faith.
The House sat all this Day upon Consideration of the Confession of Faith, and pass'd a great part thereof, and ordered to resume the Consideration of this Business the next Week.
Letters from the Isle of Wight, about some Discourse between his Majesty and Col. Hammond.
From the Isle of Wight by Letters is certified, 'That the King is in good Health in Carisbrook-Castle, but is observed to be more Melancholly than usual. His Majesty had some Discourse lately with the Governor, Col. Hammond, about his Restraint, and the strict Guard upon him; and in short, his Majesty told the Governor, That that should be the last Argumentation he would hold with him about it; and that he might yet, e er long, be beholden to one of his Sons for his Life. The Expressions seem as strange as the Reports now also spread, that Prince Charles is gone into Holland, and that the King hath made a Resignation unto the Prince of the Crown of Scotland, that he should engage all Interests for restoring the King in this Kingdom, &c.
The General dined with the Lord Mayor.
This Day his Excellency Sir Thomas Fairfax, accompanied with some chief Officers of the Army, dined with the Lord Mayor of the City of London, and some Aldermen of the City.
Saturday, February 5.
Debate about settling the King's Family.
The House this Day took into further Consideration the present Condition of the King's Family, who were this Week ordered to be dismissed; and it being alledged, That it might prove inconvenient if all Attendants were presently taken away, the House thereupon Ordered, That it should be referred to Col. Hammond, Governor of the Isle of Wight, to remove such Attendants about his Majesty as he cannot conside in; and likewise, that he shall have Power to appoint Eight such Persons to attend his Majesty as he shall think fit, and can repose Considence in, till his Excellency hath settled the said Family, according to former Order; and that the House will take speedy care that Allowance be made to the said Eight Persons for their said Services.
Debate about Judges put off.
The Business of nominating of Judges to fill the Courts at Westminster-Hall, was ordered for this Day; but there being other Business of great Concernment intended, the Consideration was put off till Monday Morning next.
The Declaration of Non-Addresses debated.
According to former Order, the House took into Debate the Declaration of the House, concerning the Ground of the Votes for no farther Application, or Addresses to be made to his Majesty.
They Ordered the same to be read Clause by Clause, which took up much time, the Debate thereupon held till Evening; the greatest part of it was assented unto, only some Clauses therein of high Concernment was committed, and ordered to be reported again to the House on Monday Morning next, the first Business, and nothing to interpose to hinder the Debate thereof.
Judgment of the House of Peers against Sir John May nard.
The House of Peers this Day proceeded to Judgment upon the Impeachment against Sir John Maynard, one of the Eleven Members, who appealed from their Lordships by a Paper spread abroad, not to be tried per Pares, saying, Their Lordships were no competent Judges of him; he pleaded likewise for this purpose Magna Charta. Their Lordships sent for Two Judges who were absent, and the Judgment of the Assistants of that Honourable House was given in Point of Law; and upon Debate of the Whole, their Lordships ordered, That the said Sir John Maynard shall be remanded Prisoner to the Tower of London; that he be Fined the Sum of 500l. and that he shall have Sixteen Days time to give his Answer, and his Trial to proceed before the Lords, upon the Impeachment of the House of Commons, according to former Order.
Monday, February 7.
The Declaration concerning his Majesty recommitted.
This Day, according to former Order, the House of Commons proceeded in Debate on the great Declaration concerning the King; and after much time spent therein, the Debate taking up the whole Day, it was Ordered, That the said Declaration, as to some Passages therein, should be recommitted, and that the said Committee should add unto the said Declaration Marginal Notes, with the Proofs of every Clause therein contained, and that it should be brought in again on Wednesday Morning next, and an additional Number of Members of the Commons are added to the Committee formerly appointed for that Business, and no other Business is to intervene, after Report made again of the said Ordinance, till it be fully agreed on.
As to the Particulars of this Declaration, some of the Heads now insisted on were, concerning the Warrants signed in Scotland, October1. 1641. to such as were engaged in the Irish Rebellion, which broke out the 23d of the same Month, when the Lords Dillon and Taaff were with the King; other Things relating to the Irish Negociation, his Majesty's Proclamations, &c. his Negociation with the Pope; his sending Agents to Popish Princes; Fortescue, the Jesuit, to the Duke of Lorrain, Sir William Hamilton, and others; Senior Con, the Pope's Agent, received here; the Treaty of Spain, without Consent of Parment; the breaking up of Parliaments Proceeding in Ireland and Scotland.
By Letters from York this Day of the 15th Instant, it is thus written:
Letters from York about Disbanding Supernumeraries.
'We are now very hard upon Auditing of Accompts of Supernumeraries, having before appointed the Number of both Horse and Foot, to be disbanded. The Work of Auditing proves very difficult; the Matter of Disbanding goes on without any great Matter of visible Discontent; the Country pays in their Six Months Assesments apace; and all the Forces that are appointed to stand, are ordered to be drawn into Market Towns, &c.
'And Officers to engage for the Soldiers Quarters for the Fourteen Days, to the Orders of Parliament. Those appointed to be Disbanded, are to be removed from those Towns and Places that have paid in their Assesments, and be quartered upon such as have not, till their Accompts are Audited, and they are Disbanded; which will now be forthwith put in Execution. Sir Edward Roads is chosen by the Commoners Treasurer, for the receiving and issuing forth of the Two Months Pay for the Supernumeraries of this County. Letters from Scotland, from a good Hand, give us Assurance, That we need not fear a sudden Disturbance in England from thence; but admonishes not to be secure. I hope our Commissioners going into that Kingdom, will give such Satisfaction as may blunt the Edge of Discontent, in the late Proceedings of this, concerning them in that Kingdom, and work a good Opinion into each of the other; which is the Desire of.
English Commissioners pals by the Way of Carlisle.
York, Feb. 5. 1647.
The English Commissioners refuse to go by the Way of Berwick into Scotland, and Letters say, they are passed Carlisle.
Letters from Dublin certifying the Condition of the Forces in that Kingdom.
From Dublin, Feb. 3. it is thus certified:
'Col. Pudsey hath of late taken in Four small Castles; our want of Money much retards the Service, and keeps our Men from going through with their Work. Sir Henry Tichburne hath, in his last Expedition into the Country of West-Meath, burnt to the Value of Threescore Thousand Pounds of Corn. The Irish Army is now dispersed, which, had we to furnish our Necessaries, we might make great Use of that Opportunity; and to Morrow Col. Jones marches out with all he can spare hence: Col. Monk meets him with all his Ulster Forces: They designed to march into the Country of Kildare, and further as Occasion is offered, with Resolution to fall upon the Enemy where-ever they find them make Head; and, however, to waste and destroy what they cannot assure to themselves. For the Number of these Forces it cannot be well judged, Wants and Discontents hath so much lessened it; it's possible they may amount to 1500 Horse, and 5000 Foot; this March, it's hoped, will tend much to the reducing this Kingdom this Summer, if plenty of Men, Money and Necessaries come but timely at Summer.
Ld. Inchequin's Letter to Col. Jones.
'The Lord Inchequin hath written to Col. Jones, giving him to understand of the Enemy's endeavouring by all possible Means to raise an Army in the Parts near him, and that he intends forthwith to take the Field, to prevent the compleating thereof, desiring he will be pleased so to bend his intended March, as he may be a hindrance likewise to that increasing Power. Col. Monk lately sent 300 Horse and 100 Dragoons to the Borders of Cavan, upon a Design; coming to the Place intended, they got Knowledge that Owen Roe had given Order to one of the Mac Mahoons, to fall into Monk's Quarters, to ruin and destroy, as Owen had done in Col. Johnses; whereupon Col. Conway, who commanded in Chief, fell upon the Rebels Quarters early in the Morning, took 40 Horses and Arms, killed 14 of their Men, and mounting some of his, pursued the Enemy, dispersed the whole, took 200 Garrons, 3 or 400 Sheep, with other good Booty.
Tuesday, February 8.
Confession of Faith debated.
The House of Commons this Day spent much time in Debate of the Advice of the Assembly, concerning the Confession of Faith.
The Affairs of the Navy reported.
Afterwards, they received the Report from the Committee of the Navy, concerning the Affairs of the Navy, in relation to the present Advance of Money for that Business.
Commissioners of Excise and Merchant Adventurers to forbear the Money advanced by them.
They Ordered, That the Commissioners of Excise, and the Company of Merchant Adventurers should be desired to forbear the several Sums of 10000 l. apiece, formerly advanced by them, at the Desire of the House, for the Service of the Publick, and that the Committee of the Navy be desired to treat with them to that Purpose, to the End the said Sums may be employed for the Service of the Navy.
The Committee for the Eastern Association to do the like.
They likewise further ordered, in Prosecution of this Business, that the Committee of the Eastern Association should be desired to forbear the Sum of 20000 l. formerly lent by them for the Service of the Navy for Six Months longer; to the End the said Sum may be employed for the speedy Service of the Navy.
The List of the Ships for the Summer Fleet reported.; The Dutch refuse to strike Sail.
The List of the Names of the several Ships to be employed in the Service of the Parliament, in this next Summer's Expedition then also reported to the House, and upon some Debate it was Ordered, That the Title of this List then reported should be altered, and that instead of a List of his Majesty's Ships, it should be A List of the Parliament's Ships to be employed in this next Summer's Fleet. It was informed, That some of the Dutch Ships have lately offered some Affronts to ours in the Downs, and refused to bow their Top-Sails until forced to it, saying, That Holland, &c. were the Elder States.
The Officers to command the Fleet referred to a Committee.
The House Ordered, That the Captains to Command their Ships should be referred to a Committee, and to report them to the House.
Care taken for Victualling the Fleet.
The House was informed, That the Navy formerly set forth, were victualled with much Provision decayed, and not fit to be employed or sent in the said Services. The House ordered to refer it to a Committee to prevent the like for the future.
The Impeached Lords bailed.
This Day Six of the impeached Lords appeared at the House of Peers Bar, where they heard their Charges read One by One; they then entred Bond, and put in their Security, according to their former Order; for the Earl of Lincoln, were bound the Earl of Clare and Sir John Munson; the Earl of Suffolk and the Earl of Middlesex had Security within; for the Lord Berkley, Sir Robert Cook and Col. Aldridge; for the Lord Hunsdown, Col. James Sheffield and Mr. Butler; and for the Lord Maynard, Sir Thomas Fisher and Auditor Maynard; the Earl of Suffolk and Earl of Middlesex had other Security.
The Earl of Lincoln desires a favourable Construction may be made of his Retirement.
The Lord Willoughby came not, but sent a Letter, being himself withdrawn, which being read, was to this Effect; That he had been about Four Months committed, without particular Charge against him; that their Lordships were pleased to order his Enlargement; that he had received Counsel from a Friend, that he is not fit for Publick Employment, and therefore resolved to Privacy; that he hath always been Faithful to the Parliament, and desired their Lordships to make an Honourable Construction of his Retirement.
Fourteen Days time given to the Lords to put in their Answer.
The Lords ordered, that Fourteen Days be given to all the Seven Impeached Lords, to put in their Answers; and that they shall have Council assigned to them, if they desire it, for Matter of Law.
Express from the Isle of Wight, of the fair Correspondence between his Majesty and Col-Hammond.
From the Isle of Wight, by Express dated the Fifth Present, it is thus certified; 'His Majesty takes usually every Morning, a Walk about the Castle-Wall, and the like in the Afternoon, if Fair; much Time spent every Day in Private, he speaks most to us at Dinner, asks News, particularly concerning Ireland, Scotland, the City of London, and the Army; the Death of Capt. Burley, quartered at Winchester, is little spoke of. His Majesty is as merry as formerly; all quiet and fair between his Majesty and Col. Hammond, the Governor.
'His Majesty went forth this Morning to walk about the Castle, and Col. Hammond was with him, Col. Herbert and some others attended him; he was Merry at Dinner, and afterwards went into his Privy-Chamber, where he is still private. We had News here of a Design in hand to invade this Island, and that Van Trump, with some Dutch Ships should join with some Dunkirk's and Irish to come hither; but we fear them not, the Vice-Admiral Rainsborough having left a strong Guard at Sea, and the Governor having had a great Care to strengthen us in the Island. There have been some suspicious Persons lately put away from hence; we want now Monies most to supply some Defects.
An Irish Ship taken by Capt. Dare.
'There was a Great Ship of the Irish Rebels upon The South-West of Ireland, that rid towards Galloway, that is taken by Capt. Dare, as is certified by Letters come to the Commanders of the Ships that ride upon our Guard: which was thus; Capt. Dare, Commander of the Constant Warwick, one of the Parliament's Ships that carries 28 Pieces of Ordnance, having Notice that there were some Irish Ships that had taken some Merchants Vessels passing near the South of Ireland, sailed that way, and disclosed at last some Vessels which he perceived to be Irish, and thereupon he made towards them; but none would endure Engagement with Capt. Dare, until at last he forced a great Ship of their with 22 Pieces of Ordnance to engage; Capt. Dare made shot at him, and the Rebels shot again at the Constant Warwick, and it grew to be a very hot Dispute, and both Vessels were batter'd; at last Capt. Dare boarded the Rebels, and took her, but not without great Loss, having 25 of his Men killed and wounded. This Ship is one of the best Frigats that the Earl of Antrim had, and the taking of her was a gallant piece of Service in Capt. Dare.
The Queen, Prince and Grandees in France.
'We have News here that Prince Charles, Prince of Wales, should have gone into Scotland; but they have denied him there, supposing that it would be Charges to them, and perhaps occasion the Queen to follow: The Prince is now well, his Highness is still with his Mother in France; the Earl of Yarmouth, and the rest of the Grandees are with the Queen of England at St. Jermans, but all very Poor, and want Money much.
Take along with this from the Isle of Wight, a Transcript of what we find written from the Hague, which though already made Publick by another, we will again remind you of as followeth:
Hague, February 6.
Letters from the Hague advise, that the Royal Party fled thither, are much troubled at the Restraint upon his Majesty, and the Votes concerning him.
Here seems a kind of Fatality upon the Counsels and Persons of your King; this last Restaint, with the Votes, hath astonished the Royal Party here, which are not a few, who cannot tell which way to steer their Course; they look on Scotland, they look on France, but say there must be Money; and if that were had, it were no wonder to see Ten Thousand merry Souls that at present lie here, and curse you in every Cup they drink, run over and venture one Cast more for the Crown.
Articles of Peace with Spain Signed at Munster.
This Day, or rather this Night Sevenight, at Eleven of the Clock. did the Plenipotentiaries of the United Provinces Sign the Articles of Peace with Spain and Munster; the Circumstances in short are thus: Pignoranda and le Brun, Plenipotentiares of Spain there, for the Archbishop of Cambray is dead, came and visited the States Ambassadors at Five of the Clock in the Afternoon, where after Five or Six Hours Conference and Debate, both Parties Signed in the Name of their respective Masters, viz. those Two for Spain, and Seven for the Six Provinces, viz. Two for Holland, and One for each of the rest, all but Monsieur Nedehurst for Utricht, who went out and refused, at which time there came in a Letter Signed with the Hands Longueville d' Avaux, and Servant to the States Ambassadors, seeking to divert and retard the present Pacification, but in vain, the Ambassadors of the States declaring they had hitherto waited for the Compliance of France, and now at last had given them, upon their Desire, Fifteen Days respite, which expired they would conclude; yet giving them leave to come into them in Two Months; which is like to be the time of the Ratification and Publication, for the papers must be sent into spain for that King's own Signet. Needhurst faith, He cannot in Conscience Sign, because of the State's Confederacy with France, without France; their Treaty binds them in making Peace, to go paripassus. This Act hath not so much pleased Spain, as vexed France and many more. The French Ambassador la Tuillery, endeavours to raise Men here for the next Summer, to carry on the War with Sweden with the greater Vigour; and give out, that they will call their Ambassadors from Munster, and break up that Meeting which now Spain will not fear. That very Day the Peace was Signed at Munster, and break up that Meeting which now Spain will not fear. That very Day the Peace was Signed at Munster, there came in at Rotterdam one Roboledo, a Spanish Ambassador, going, as he faith, from Denmark, and sent hither for his Pass; much Debate was, whether he should be Prize, for the Hostility last, till the Publication; but sith he came by England, and by Accident, and by a cross Wind, and the Peace so near, it was waved, and he had a Pass. Dr. Beal, late of Cambridge, who now Preacheth, in a Sermon of his at Breda said, The Army's and Parliament's late Actions made the Devils Dance; and he was so free as to name many Particulars, and at the end of each said, This makes the Devil Dance. Here comes News that Mr. Edwards, who writ the Legion called Gangrana, is dead; it's said, he called some to witness, that he died in the Anti-sictarian Faith. That he should make Col. Massey and Col. Paintz his Executors, is rather merry Talk than Truth.
Wednesday, February 9.
Ordinance against Stage-Plays past.
An Ordinance was this Day reported to the House of Commons from the Committee to whom it was formerly committed, for the more effectual suppressing of Stage-Plays, by Committing and Fining such as shall offend herein for the first Offence, and for Whipping them for the second Offence, as being incorrigible; which was read the third time and assented unto, and sent to the Lords for their Lordships Concurrence; their Lordships concurred accordingly, and for better Satisfaction, the Sum of the Ordinance is to this Effect.
The Ordinance at large.
Whereas the Acts of Stage-Plays, Interludes, and Common Plays, condemned by ancient Heathens, and much less to be tolerated amongst Professors of the Christian Religion, is the occasion of many and sundry great Vices and Disorders, attending to the high Provocation of God's Wrath and Displeasure, which lies heavy upon this Kingdom, and to the Disturbance of the Peace thereof; in regard whereof the same hath been prohibited by Ordinance of this present Parliament, and yet it is presumed to be practised by divers, in Contempt thereof; therefore, for the better Suppression of the said Stage-Plays, Interludes and Common Players, it is Ordained by the Lords and Commons in Parliament, That all Stage-Players, and Players of Interludes, and Common Players shall be taken to be Rogues, and punishable within the Statutes of Thirty-nine Year of the Reign of Queen Elizabeth, and the Seventh Year of the Reign of King James, and liable unto the Pains and Penalties therein contained, and proceeded against according to the said Statutes or no, and notwithstanding any License whatsoever from the King, or any Person or Persons to that Purpose.
And it is further Ordained, That the Lord Mayor, Justices of the Peace, and Sheriffs of the City of London and Westminster, and of the Counties of Middlesex and Surry, or any Two or more of them, shall, and are Authorized to pull down and demolish all Stage-Galleries, Seats and Boxes, erected or used, or which shall be erected or used for the Acting or Playing, or seeing Acted or Played, such Stage-Plays, Interludes and Plays aforesaid, within the said City of London and Liberties thereof, and other Places within their respective Jurisdictions; and all such Common Players; and Actors of such Plays and Interludes, to be proceeded against as Rogues, if they still persist.
That every Person which shall be present, and a Spectator at any such Stage-Play, or Interlude hereby prohibited, shall for every time he shall be so present, Forseit and Pay Five Shillings, to the Use of the Poor of the Parish, where the said Person shall at that time dwell or sojourn, being convicted thereof by his own Confession, or Proof of any One Witness upon Oath, before any One Justice of the Peace.
And all Mayors, Bailiffs, Constables, and other Officers, Soldiers, and other Persons being thereunto required, shall from time to time, be Aiding and Assisting unto the said Lord Mayor, Justices of the Peace and Sheriffs, in the due Execution of this Ordinance, upon pain to be fined for their Contempt in their Neglect or Refusal there of.
Ordinance for Repair of Churches.
An Ordinance passed both Houses for Repair of Churches, and Paying of Church Duties; Collectors for it to be chosen Monday and Tuesday in Easter-Week, as Church-Wardens were; and they with Collectors for the Poor, to fet Rates for Church Charges, and give Accompt within Four Days after the Year is ended, or for Default pay Twenty Shillings to the Poor. All former Rates since March, 1641. to stand good if now confirmed, which Two Justices of Peace still to approve, both of time past and to come, the Goods of the Defaulters to be distressed, Opposers to be committed to the Goal without Bail or Mainprize, till Satisfaction and Indempnity for the same, and to plead the General Issue, if molested; provided the Parish is not to be charged with what Parsons, Vicars, or others, are of right to do; and every Clerk to have his due Fees paid him: This Ordinance to be read in all Churches and Chappels.
Ordinance for Payment of Tithes committed.
An Ordinance was read in the House, for the Payment of Tithes and others Duties to the Ministers of the City of London, which admitted of much Debate, and ordered to be committed.
A Petition was read from the Town of Taunton in the County of Somerset, being an Humble and Grateful Acknowledgement of the said Town, for the late Votes passed both Houses, for no further Addresses to be made to his Majesty.
Town of Taunton. Thanks for their good Affection.
The House thereupon Ordered, That the Thanks of the House should be given to the said Town, for expressing their Cordial Affections to the Parliament herein.
Their Petition to be Printed.
The House further Ordered, That the said Petition of the Town of Taunton, should be forthwith Printed and Published.
Letter from the General concerning the new Modelling the Army.
Upon a Letter from his Excellency Sir Tho. Fairfax, and the Report of the Committee of the Army this Day to the House, upon a New Modelling the Army, to put the Martial Power into the best way to appear formidable in Field, to make good the Garrisons, and take in all worthy and considing Persons; which is presented in way of making more Officers and fewer Soldiers under their Command, and so easier to be govern'd in time of no Action, and in time of Action they may be filled up at an Instant; and that for the better effecting hereof, that part of the Pay belonging to the Officers of the Army should be abated, that the Kingdom may be as little burdened as may be.
A Member to appear to a Suit in Chancery.
A Complaint was made that one of their Members, according to their Declaration, had not appeared to a Suit commenced in Chancery against him; and upon Examination of the Business, they ordered he should appear.
Letters from Col. Hammond to the Lords for their Approbation of the Gentlemen he had put to attend his Majesty.
The Lords read Two Letters from Col. Hammond, in which he certifies, that he had put Four Gentlemen to attend his Majesty in a way of most Security, viz. Mr. Herbert, Mr. Mildmay, Capt. Titus, and Mr. Preston, desiring their Lordships Approbation.
The Army to consist of Fourteen Regiments of Horse, and Seventeen Regiments of Foot.
The House upon full Debate voted, That the whole Number of Horse for the Kingdom to be Fourteen Regiments of Horse, and but Eighty in a Troop; and Seventeen Regiments of Foot, but Eight Hundred in a Regiment, for the better Discipline of the Kingdom: and the other Three Thousand pounds for additional Forces, the Sixty Thousand Pounds a Month, through Defects, arifeth not to above Fifty Thousand Pounds per Mensem, the former Establishment did amount to Fifty Two Thousand Pounds per Mensem, and this will amount to Sixty Two Thousand Pounds a Month; therefore it was referred to the Committee of the Army, to consider of a way how this overplus Monies may be paid.
Ordinance for the Sale of Bishops Lands committed.
An Ordinance was read in the House of Commons for Explanation and better Executing the Ordinance for Sale of Bishops Lands, which was, after much Debate, ordered to be committed.
Committee to remove Obstructions in the Sale of the said Lands.
The Committee to whom this Ordinance was committed, was ordered to meet and appoint a Sub-Committee, who were to consider of removing of all Obstructions in the Sale of Bishops Lands, and settle all Differences, and consider of settling of Salaries, &c.
The House Ordered, That the Declaration concerning no further Addresses to the King, should be reported to Morrow the first Business, and nothing to interpose.
From Dublin came further, by Express, the sad Complaints of the Officers and Soldiers for want of Pay; the Expressions run thus:
Complaints of the Officers and Soldiers in Ireland for want of Pay.
I Received yours, and am sorry there is no better News in England, and that the distressed Condition of Ireland is no better considered on and relieved before this time. I am sure our Condition calls for a more speedy Supply than I see is like to come unto us. Our poor Condition I cannot sufficiently set forth: As for Officers in Commission, they have not received One Penny of Pay this Eighteen Weeks, nor Free Quarter; and when we meet together we stand gazing one at another, asking what we shall do; and are not able to help one another; And when we are called but on any Service, as lately into Wicklow, we had not one Penny allowed to buy Provision, but were constrained to be beholden to a Private Soldier for a piece of Bread, when they had it to give Did you but hear their Complaints, and the Complaints of the City of Dublin, it would grieve you to the Heart. The Soldiers, for a great part of them, have scarcely any Rags to cover their Nakedness; which, for want of, many are gone to their long Homes, and others going apace after; we can hardly pass the Streets for their Cries, shewing us their Wants, and urging the Promises made to them. The City likewise making sad Bemoans of the great Pressures upon them, the Governor was constrained to leave Four Regiments in Wicklow some part of this Winter, to ease the City, and Col. Long's Regiment at a Place called Kilnecare, in very poor Accommodation. Our Wants on all hands is intollerable, a Pair of poor plain Shoes cannot be bought here under Four Shillings, and not worth Two: The Soldiery go up and down more like Ghosts than Men, having lost both Strength, Countenance, and I doubt their Courage much abated: The Hope that is deferred, makes the Heart faith. The Officers likewise are much out of Heart. The Cavaliers and Rebels much insult, by reason of Wants. Much is expected from you, Noble Colonel, in sagistating for this Army. I wish our Friends in England were sensible enough of our Condition, that the Mouth of the Ox may not be musled, that treads out the Corn, and the Lives of poor Men may be a little more valued than they are, Where the Fault of our Want lieth, I cannot judge; but pray God it may be well considered on, and speedy Supply afforded.
Thursday, February 10.
Scotch Officers Petition debated.
The House this Day considered of the Petition of many Officers of the Kingdom of Scotland, who had formerly served this Kingdom; some Debate thereof was had, and the House ordered to consider further thereof, for the Satisfaction to the Petitioners, to Morrow Morning.
Augmentation for the Minister of Brentford.
The House also considered of the small Means belonging to the Church of Great Brentford, and ordered to settle an Augmentation upon the same for the Future, for the better Subsistance of the Ministry.
100 l. Ordered for a distressed Gentleman that had lost his Eyes, and referred to the Governor of Sutton's Hospital.
The House considered of a Distressed Gentleman, who had both his Eyes shot out, and how Provision may be made for his present and future Subsistance; they thereupon ordered that the Sum of One Hundred Pounds should be charged on the Receipts at Haberdashers-Hall, for supply of the present Necessities of the said Gentleman.
They further Ordered, That he should be referred to the Governor of Sutton's Hospital, to be put into the said Hospital in the next Place that is vacant by Death or otherwise.
Another that lost his Eyes at Naseby recommended to the said Governor.
They likwise considered of another, who had both his Eyes shot out at the Fight of Naseby, and is in great Necessity.
The House hereupon ordered him some present Monies for his Subsistance, and likewise ordered that he should be recommended to the Governor of another Hospital, to be admitted in the next Place that was vacant.
The like Order was made for another, who had his Eyes likewise shot out.
Further Debate upon the Declaration.
The House then, according to former Order, took into Debate the Business of the Declaration, and spent much time therein, almost till Seven at Night; past many Particulars of great Concernment, and committed others of as great, the chief Heads whereof you had before, for further Proof to be made unto them; and that this Declaration should be reported to the House to Morrow, between Eleven and Twelve of the Clock.
The House this Day ordered to Adjourn till Friday, after the rising of the said House, till Tuesday Morning next; the Speaker's Presence being in a special Manner required in Chancery on Saturday, being the last Day of the Term.
Friday and Saturday, February 11, 12.
The said Declaration proceeded on.
The House of Commons this Day, according to former Order, proceeded in the Report of the Declaration for no further Application to be made to his Majesty, and the several Heads formerly mentioned, and the full Proofs upon them further examined; upon which several Votes passed to this Purpose as followeth:
Several Clauses to be inserted therein debated.
One particular Clause therein was concerning Mr. Cockram's Instructions from his Majesty, &c. the Proof thereof; upon which the House had much Debate whether the said Clause should stand, or no; but the House being satisfied with Proof thereof, Voted the same in the Affirmative, to be inserted in the Declaration.
Another Clause was, concerning his Majesty's giving Blanks Signed with his Seal Manual, which the House, upon full Proof thereof, ordered to be continued in the said Declaration.
Another Clause was to his Majesty, concerning all the Protestant Blood that hath been shed in the Kingdom of Ireland, by such as have had Commission from his Majesty; which the House assented unto.
A Fourth Particular against his Majesty is, concerning the Death of King James, his Majesty's late Father, in whose Death a Charge is laid against his Majesty.
A Fifth is, concerning the Miscarriage of the Business of the Isle of Rea and Rochel; which, upon sufficient Proof, was agreed to be also incerted in the Declaration.
A Sixth was, concerning the innocent Blood that hath been shed like wise in this Kingdom, in Prosecution of the Roman Catholick Cause.
The like, concerning the Blood that hath been shed in Scotland. It is to be further observed, as was before mentioned, that the House did commit all these Particulars to a Committee, to the End, Sufficient Proof might be made thereof, as a Business of so high Concernment, before they were confirmed by Vote of the House, and Ordered to be incerted into the said Declaration; and upon full Debate, this Declaration, with these and many other Particulars, was assented unto, and ordered to be forthwith Printed and Published, by Order of the House of Commons, for the Satisfaction of the Kingdom, why both Houses have resolved to make no farther Application to his Majesty; and, for better Satisfaction herein, we must refer you to the printed Copy, which will come out within a Day or Two, and worthy of every good Subject's serious and mature Observation.
On Saturday the House fat not, having Adjourned, as before.
February, 12. 1647.
Monday, February 14.
The Houses fat not this Day, we will begin therefore with some things omitted the last Week for want of Room, and the first and chief was, concerning the Army under his Excellency Sir Thomas Fairfax, to this Effect:
Alterations in the Establishment of the Army reported.
Mr. Scawen made Report to the House of Commons, of certain Alterations offered from the General, Sir Thomas Fairfax, and his Council of War, to be made in the last Establishment of the Army, the which was twice read, and whereupon these Votes following were passed:
'Resolved, upon the Question, That there be Fourteen Regiments of Horse, consisting of Eighty in a Troop, besides Officers, that will be less than the Establishment 14l. 14s. per Diem; and then there will be reduced out of each Troop in the Army Twenty Men.
'Resolved, &c. That whereas by the Establishment, there are Twelve Regiments of Horse, consisting of Six Hundred Troopers in a Regiment, viz. One Hundred in a Troop; That the Horse shall be divided into Fourteen Regiments, and every Troop consisting of Eighty, and that the said Establishment be so altered accordingly.
'Resolved, &c. That whereas by the Establishment, there are Fifteen Regiments of Foot, consisting of Twelve Hundred in a Regiment, there be now Seventeen Regiments, consisting of Eight Hundred, and Thirty loose Companies, consisting of Eighty apiece, to be varied as Occasion serves; and that the Establishment be so altered accordingly.
A List of the Daily and Monthly Pay of the Army under the Command of Sir Thomas Fairfax, General, viz. Twelve Regiments of Horse, and Fifteen Regiments of Foot, with their Officers, and of a Regiment of Dragoons with their Officers, were this Day read and allowed, beginning from the Third of November, 1647. and to continue to the One and Twentieth of this Instant February, 1647.
The Lords Concurrence desired herein.
The Lords Concurrence to be desired herein, more to be abated out of the Establishment last sent down, and the Abatement of the Pay of them, as followeth:
Abatement of the former Establishment of the Army.
Lieutenant-General to abate, per Diem, 1 l. the Waggoner General, his Horse and Deputy, 11s. 5d. Commissary of Provisions 8s. Two Deputies, each 4s. 5d. Two Clerks, each 2s. Provost Marshal-General Four Men, each 2s. Commissary of Horse-Provisions, 5s. 4d. Horse and Men, each 2s. Muster-Master and Joint-Commissioner of Provender 5s. Three Surgeons, each 2s. One Physician, more abate. One Lieutenant-Colonel of Dragoons, 7s. Sum, 4l. 17s. 11d.
Petardier Fire-Worker 8s. His Assistance 2s. Mioner 4s. Sum 14s.
To be added to the Establishment, per Diem, sent down last, to the General his Train, as followeth, viz.
The Commissary of Musters to have Six Deputies more added, each 5s. for an Addition to the other Two that are in being already, each 1s. 8d.
The Provost-Marshal to have a Deputy, a Provost-Marshal-General for the North, each 4s. Deputy-Advocate for the North 7s. One Clerk 2s. 6d. 2l. 10s. 10d.
To the Train, viz. One Pay-Master, per Diem, 4s. One Clerk 1s. 6d. Allowance for an Hundred Draught-Horses, each 8 d. per Diem; Eight Waggoners to be kept in the Train to be put to these Regiments which shall be appointed from time to time to keep the Field, each 3s. To Four Waggoners more, each 2s. 6d. One Waggoner for the General's Train, 3s. 4d. To be added to the Master-Gunner's Pay, and he to take the Charge of Fire-Works and Petarde, 4s. per Diem.
Orders were issued forth by the General to this purpose:
The General's Order for suppressing Way Robbeties, &c.
Whereas by Order of Parliament of the 28th of January last, the Parliament have authorized and appointed me to take some Course to suppress the Tumultuous Meetings, and Assemblings together of Riotous and other People, that rob and injure People upon the Highways. And whereas I am inform'd of several Robberies committed upon the Highways in the Country of near the Places where your Troops Quarter, I do hereby Order and appoint you to send forth your Troop, or such Parties thereof as you shall find necessary, either for the Prevention or Suppressing of any such Tumults or Riots, and to Examine, Apprehend, and Secure all such Persons who shall be found Acting, or suspected to Act or Meet in any such Tumultuous and Unlawful Assembly, and to do such other Things as you shall find necessary for the preventing of any Injuries, or Affronts to be done to Travellers, Carriers, or others, upon the Highways, or other Roads. And in so doing, this shall be your Warrant.
Given under my Hand and Seal in Queen-Street, the 11th of February, 1647.
The like Orders was sent to the Commanders in Chief of the Forces in every County of the Kingdom.
The Quarters of Supernumeraries to be till their Transportation.
Whereas his Excellency Sir Thomas Fairfax is, by Order of the Parliament of the 18th of January last, enabled to give Warrant to such Commanders and Officers as he shall think fit, to Transport such of the Supernumeraries, Disbanded, or to be Disbanded, as shall desire to go with them; they engaging for their Men, do nothing prejudicial to the Parliament. And whereas his Excellency hath issued Orders for that Purpose to several Officers, he doth Declare, That those Warrants were not granted with any Intent that they should continue burthensome to the Country, but that the Officers who intend to transport them, do pay for other Quarters till their Transportation.
By Letters this Day from York, is thus certified:
Letters from York concerning the Disbanding Supernumeraries.
'The Business of Disbanding Supernumeraries goes on apace; the Proportion of several Troops and Companies appointed to be Disbanded out of them are already audited and cast up, and the Two Months Means paid to them, some whereof are already actually Disbanded, and every Person hath his Debenture and Pass given him before his Departure; none but the Private Soldiers are in the first place Disbanded; when that is finished through the Army, the Officers that will be reduced will be forthwith begun upon; some small Discontents, not likely to break out into any bad Consequence. The Country, for the greatest part, hath payed in their Six Months Assesments: Those appointed to be Disbanded, till they be Disbanded, are Quartered upon such as have not paid it in. The rest that stand are drawn into great Towns, and the Officers are appointed to engage for the Soldiers, according to Directions of Parliament. Oflate upon this present Reducement, there hath been committed many desperate Robberies and Murthers in these Northern Countries; so that People dare not Trade or Travel freely upon their Occasions, for fear of being robbed and murthered; and it's to be feared, that when this Disbanding is ended, it will be far worse and dangerous.
Commissioners for Scotland arrived at York.
'On Thursday Night last the Commissioners appointed by Parliament to go into Scotland came into this Town, and were visited by the Commander in Chief, and some of his Officers; and Yesterday Morning they took their Journey from hence towards that Kingdom.
Tuesday, February 15.
Mortar pieces and other Arms in private Hands, referred to a Committee.
The House of Commons was this Day informed, That there remained in a private Man's Hand in the City of London, Five Mortar-pieces, and other Arms to a considerable Number, for what Intent was not known. The House hereupon ordered to refer it to a Committee to consider of this Business; and if they thought fit not to seize them for the Service of the State, that then they treat with the Party in whose Hands they are, and to buy them of him for the State's Service.
Amendments to the Ordinances for Assesments reported.
The Amendments for the Ordinance for the Weekly Assesments for Ireland, was this Day reported to be sent to the Lords, and the same with the Ordinance it self were assented unto, and ordered to be sent to the Lords for their Concurrence.
Saturday next the House ordered to consider of advancing the Excise and Customs of the Kingdom, for the Advantage of the State.
The Carriage of Judge Jenkins reported.
Impeachment, of High Treason to be drawn up against him.
A Report was made of the Carrige of Judge Jenkins at the Chancery-Bar on Monday last, whither he was brought as Defendant, upon an Action at Law for Monies, and being demanded to give in his Answer he gave in a Paper, That he could not, nor ought, nor would not submit to the Power of that Court; and in Sum said, That it was no Court, and their Seal was Counrterfeit, with much more to that Purpose: upon which the House ordered a Committee to draw up an Ordinance of Impeachment against him for High Treason, and to dispatch the same forthwith.
Parliaments Commissioners arrived in Scotland.
A Letter was read from the Parliament's Commissioners in Scotland, Dated February 8. advertising them that they came to Edenburgh that Day, but the Grand Committee of Estates had adjourned their Sitting until Thursday, Febuary 10. because their Commissioners were not returned from London, but some of them came that Night.
A Motion made on be half of the Lord Abergaveny.
A Motion was made in the Behalf of the Lord Abergaveny, a Papist, to compound upon the Conditions of Oxford Articles, he having not been known to be in Arms; the House Ordered a Day for debating his Case with other Gentlemen, whose Cases are to be reported upon Oxford-Articles.
Letter from the General for 200 Men to be added to the Isle of Wight.
A Letter was read from his Excellency Sir Tho. Fairfax, desiring their Approbation for Two Hundred Men to be added to the Number of the Isle of Wight, for the better Security of the King's Person. His Excellency was in Person with the Lords and Commons of the Committee of the Army this Day, and treated about the Life Guards Disbanding, and some other Matters.
The Lords passed an Ordinance for Assesments for Ireland, with some Amendments.
Sir John Maynard to bring in his Answer by Saturday next.
This Day the House of Peers received from Sir John Maynard, another Protestation, in which he gives them to understand, he ought to be tried by a Jury, for which he quotes Magna Charta, and the Lord Cook, and that he may except against Thirty-five of the Jury, without shewing Cause; that none are to be his Judges that have acted in the same, whereof he is accused; with much more to the same purpose. The Lords ordered he bring in his Answer by Saturday next.
This Day came forth the Parliament's Declaration, wherefore no further Addresses should be made to the King. We have formerly made mention of some Heads of it, but will now for better Satisfaction, give you briefly the Heads of the whole.
Heads of the Declaration why no further Addresses to the King.
And First, They set forth their Fruitless Addresses known to the World, formerly made to the King, which, besides the Sufferings of many Hundred Thousands Free-born People, have not moved him: That Seven Applications with Propositions have been made, wherein the Parliament have yielded up, not Will and Affection, but Reason and Judgment, and all for a true and good Accommodation; yet it never pleased the King to accept of any sent, no not after he was gone from Oxford, his Towns and Armies overcome: And in all the Addresses but the last, Scots Commissioners concurred, and promised notwithstanding, to maintain the Treaties and Union. And for the last Addresses, it was but Four Bills, which they judge not only Just and Honourable, but necessary for Safety during the after Treaty. They say, They have Cause to remember, that when it was desired a Committee of both Houses might attend him, and he had set for Place Windsor, that he went thence, and marched so near London that Night, that he had like to have taken it: And take Notice of the Cruelties done at Breirford, and his Army's flying thence with Shame. Also when there was a Message from the King for a Treaty, at the same time a Bloody Massacre was intended upon London, and his Commission for it. That in a Letter to the Queen he excused the Treaty pretended, being forced thereto by his Mungril Parliament at Oxford, as that he could not find Two of them of a Mind; otherways he would not have acknowledged them at Westminster a Parliament. And now at last from the Isle of Wight they have received such Answer, as they despair of Success by any further Addresses, besides the Danger and Injury to the People in delaying a Settlement; they say, That it cannot be expected that any thing should engage him more than his Oath at Coronation, Vows, Protestations, and Execrations, so often renewed before God and the World, which might have been forgotten, had not a continued Breach of Trust through the Three Kingdoms forced a Remembrance; yet they are forced to remember, having suffered so much by Silence, and to declare,
That himself, in publick Speeches, hath laid a Foundation of all Tyranny, in saying, He owes an Account of his Actions to none but God, and that the Parliament cannot make or declare a Law joint or separate. They call to mind the Death of King James, charged upon the Duck of Buckingham, in the Second of his Reign, with other Things, at a Conference in the Painted Chamber delivered, which the King coming into the Lords House, told them, he took Notice of, and said, He could be a Witness to clear the Duke in every one; and while the Proofs were preparing against the Duke, the King declared an Intent to Dissolve the Parliament, which the Lords petitioned him not to do, yet it was done immediately after, and Sir Dudley Digs and Sir John Elliot, that chiefly managed the Conference, put close Prisoners in the Tower, by Warrant of the King's own Hand, and so never further legal Enquiry concerning the Death of the said King was made; and let then the World judge where the Guilt remains. They say they can fully shew, how Rochel was by him betrayed, and thereby a fatal Blow given to the Protestants in France: How he sent divers of the Navy Royal, and other Ships, to the French King, to be employed against those Protestants he outwardly engaged to assist; and when some English refused, he writ to Capt. Pennington, to put them into the Service of the King of France, or sink them in case of Refusal.
They remember the Design of the German Horse, ordered to be brought into England, and Money paid for that End. The Grinding by enforced Loans, Privy Seals, Coat and Conduct Money, enlarging Forces, inclosing Commons, engrossing Gun-powder, with innumerable Patents, Monopolies of Salt, Malt, Sea-Coal, Soap, Leather, Wine, Sugar, Allom, Farthings, Pins, Tobacco, and almost all other things; together with that one Compendium of Slavery Ship Money; the Torture of the Bodies of Men by civil Whipping, Slitting Noses, cutting off Ears, branding Cheeks, Racks, Pillories, with close Imprisonment at Pleasure; which might be the sooner forgotten, had not Souls been Lorded over, and led Captive into Superstition and Idolatry, by Oaths ex Officio, Excommunications, Ceremonies, Articles, new Canons and Canon Oaths; and this was not only in England, but the same Instruments went on to enslave Ireland and Scotland. Scotland was to receive a new Liturgy first, but the Design not taking, an Army was raised to force Compliance; by Mediation of English Lords a Pacification is made, which held but until the King returned to Court, and then it was disavowed. A Parliament is called; that not furthering a new War, is Dissolved, with a scandalous Declaration in the King's Name. The Scots came with a new Army; this Parliament is called in Expectation it should give Life to a War against the Scots; he finding this vain, to prevent like In convenience, his Instruments are questioned, but he so strongly affects them, that he chose rather to desert the Parliament and Kingdom, than to give them to Justice. Then the Queen's pious Design of advancing Popery was ripe, brought on by the Pope's Nuncio, Secretary Windebank, who when questioned, got a Pass from the King. Arms was in several Corners attempted to be raised, under Pretence of Portugal; then a Cabal for bringing up the Northern Army to awe the Parliament. It was said to be but a modest Petition, and yet Mr. Percy, Mr. Germain, and Sir John Sucklin fled for it: and when he went to Scotland, though petitioned the contrary, yet he would not grant such a Commission as the Parliament desired; yet the Year before he did leave Blanks with Secretary Windebank to raise Power by Sea and Land. The Letter the King sent into Ireland by the Lord Dillon is well known; and where the Great Seal of Scotland was, when the Commission was sealed to the Irish Rebels; the same promised to the Irish Committee, most Papists, the Unwillingness to disband the Popish Irish Army; the strong Pretences for it, the Rebels Oath being to bear true Faith and Allegiance to King Charles against the Paritans in the Parliament of England. And when Proclamation was obtained, there would be suffered but Forty Copies to pass; all which agrees with the Letters to the Lord Muskerry, and others; and the King recommended divers Officers to the Rebels, denying Commissions to the Lord Breck and Lord Wharton: Besides all these, his Majesty's Letter to the Pope; to the Duke of Lorrain; several Designs to cut the Throats of the Protestants of England and Ireland, made Oath of, and so known to the King: the charging some of both Houses with Treason; the King's coming to the House in that unparllel'd way after Guards discharged, a Prologue to a blooedy Tragedy, had not the Parliament and City interrupted.
The Preparation of a Fleet from Denmark, hindered by the Invasion of the Swedes; also Cockeram's Instructions, that the Parliament intended to endeavour to illegitimate the Race of his Mother; which, besides the Shame to her in mentioning, they never thought; which Instructions of his Majesty denied to have given, he faith in the Instructions, he had Expectation of a Fleet from Holland, whither he had sent Jewels of a vast worth; his Signing the most illegal Commission of Array, a Commission for 10000 Rebels to conquer the Parliament and London, with many other Particulars, bath not only forgot his Duty to the Kingdom, but Care and Respect to himself and Family; and they conclude, that they could give many Reasons more, why they will make no more Address; and yet they will use their utmost Endeavours to settle the present Government, as may best stand with the Peace and Happiness of this Kingdom.
Wednesday, February 16.
The Sequestration of Dr. Hall reported.
A Report was this Day made from the Committee of Lords and Commons for Sequestrations, concerning the Sequestration of Dr. Hall, Bishop of Norwich.
The House hereupon ordered the Temporal and Real Estate of the said Dr. Hall shall de discharged from Sequestration, and that all Committees should comply in Obedience to the said Order.
Monies ordered for the Repair of Garisons and Castles.
The House was informed, that some Castles and Garrisons did want much Repair, and therefore Monies were ordered for the repairing of them.
Further Supplies for Col. Jones.
The House of Peers concurred with the Commons in an Order for great Guns to be sent over to Col. Jones, to Dublin; and several Votes passed the Commons for Col. Jones, and further Supplies.
Instructions to be sent to Col. Monk.
The Commons passed Instructions for the sending over of Col. Monk's Men into Ireland, the Monies to be advanced upon the Credit of Excise, and Eight per Cent. to be allowed for the Interest; the Lords Concurrence to be desired.
The Impeached Lords to give in their Answer by the 8th of March E. of Stansford to go to Scotland and the E. of Holland to the Spaw.
The Lords passed a Vote for the Six Impeached Lords that put in Security, to have time to deliver in their Answers by March 8. And the Lord Willougby being withdrawn, it was in Debate to send out Proclamation against him.
The Earl of Stamford took his Leave this Day of the House of Peers, being to go for Scotland.
The Earl of Holland had leave to go to the Spaw.
The Northern Horse intended for Ireland being 5 times driven back to Cheserby contrary Winds, ordered to be disbanded as Supernumeraries.
From the City of Chester by Letters was thus certified: 'The Northern Horse intended for Ireland, after Five times Shipped, were by contrary Winds beat back again; and this Instant a Warrant is come from the General to Disband them as Supernumeraries. They have cost the State much, in relation to Irelands' Service; some of them are addressing to the General to endeavour a getting off. No Letters from Dublin how it fares with the Forces that went thence into the Field against the Enemy. No abiding for any Inhabitant in Dublin if Money and Cloaths come not by return of the Soldier.
Thursday, February 17.
Leaden-Steeple in Worcester, to be sold, for Repair of adjacant Churches.
An Ordinance was this Day read in the House of Commons, for appointing the Leaden-Steeple in the City of Worcester to be sold, and the Monies arising thereupon to be employed for the Repairing of some Churches adjacent, and for re-edifying of Alms-Houses in the said City, which have been much ruined by the late Wars; which was assented unto, and ordered to be sent to the Lords for their Concurrence.
Ordinance for Attainting Judge Jenkins of High Treason, Committed.
An Ordinance was reported to the House for the Attainting of Judge Jenkins of High Treason, which was read, and much Debate had thereon, and ordered to commit it to a Committee.
Sheriffs of South-Wales to take Care of disbanding Soldiers in those Counties.
The House ordered that the Sheriffs of several Counties of South-Wales, should be required to improve their Care, and use their Power for the Disbanding of the Forces in South-Wales, who are to be Disbanded according to the Ordinance of Parliament in that behalf.
They likewise Ordered, That on Tuesday next they would consider of the Ease of Sheriffs in passing their Accompts.
Committee at Derby-House to remove Obstructions in Disbanding of Forces.
They further Ordered, That it should be referred to the Committee at Derby-House, to consider of and give Directions and Orders for removing all Obstructions in Disbanding of Forces, which are appointed to be Disbanded by Ordinance of Parliament.
Forces of Dover Castle to be Disbanded.
They further Ordered, That it should be referred to the Commitee of the Army to Pay off and Discharge the Forces of the Garrison of Dover-Castle, that are appointed to be Disbanded.
Maintenance for the Army to be renewed for Six Months longer.
The House also had Debate and Ordered, That the Ordinance for Maintenance of the Army should be renewed for Six Months longer, the time of the former Ordinance being almost expired.
And that this Ordinance should be brought in on Tuesday Morning next by the Committee of the Army.
Friday, February 18.
Intercepted Letters going to the King in the Isle of Wight, referred to the Committee at Derby-House.
Letters this Day came to the House from Col. Hammond, Governor of the Isle of Wight, with several Letters enclosed, which were endeavoured to be delivered privately to his Majesty by Major Bosvile, who went under the Name of one John Fox; One of the Letters was from the Queen in France, and another from the young Princess with her. The House hereupon Ordered, That the said Letters so intercepted should be referred to the Committee sitting at Derby-House.
Mr. Barwis, a Member of the House, chosen Mayor of Carlisle, his Absence excused.
A Letter also was read, which came from the Town of Carlisle, acquainting the House, That for the Security and Peace of the said Town, and many other Reasons, they had freely chosen Mr. Barwis, a Member of the House of Commons that serves for the said Town, Mayor thereof for the Year ensuing. The House hereupon Ordered, That the said Mr. Barwis should have leave, and for his Absence should be excused, to execute the said Place.
Mutiny at Plimouth for want of Pay.
A Letter was also read from the Governor of Plimouth Garrison, acquainting the House what a mutinous Condition that Garrison was brought into, by reason of not sending Monies for the Necessities of the Soldiers.
6000 l. added to the 10000 l. formerly ordered for the Pay of that Garrison.
The House hereupon Ordered, That the Sum of Six Thousand Pounds should be advanced, over and above the Ten Thousand Pounds formerly ordered for the Pay of the said Garrison.
Treasurers of the Army to be treated with for advancing the said 6000 l.
They further Ordered, That the Treasurers of the Army should be treated with for the speedy advancing of this Sum of Six Thousand Pounds, for the said Garrison of Plimouth.
Governor of the Isle of Wight empower'd to place and displace such as are to attend his Majesty.
The House then considered of the great Charge of such Persons as are admitted to attend his Majesty, and Ordered, That the Governor of the Isle of Wight should have Power to place and displace such Persons as are to attend his Majesty, as he shall see Occasion.
Saturday, February 19.
Report made of scandalous Pamphlets, entituled, The Parliaments Ten Commandments, &c.; 100 l. offered to discover the Authors or Printers.
The House of Commons this Day had a Report made from the Committee, against several Scandalous Pamphlets Published, and in particular against a late Scandalous Book, entituled, The Parliaments Ten Commandments, &c. And another entituled, The New Testament of our Lords and Saviours, the House of Commons sitting at Westminster; both lately Published, and in a great part of them highly Blashemous, and to the great Dishonour of the Parliament and their Proceedings; upon which the House had Debate, and Ordered, for the better Discovery of the Authors and Printers of them, that, such Person or Persons as shall discover the Author or Printer of the said scan dalous Pamphlets, or either of them, shall have the Sum of 100l. for his or their Discovery; and they further Ordered Rewards to the Discoverers of other Malignant Pamphlets, Pragmaticus, Melancholicus, and others.
The Advancement of the Excise and Customs to be debated.
The House, according to former Order, took into Consideration the Excise and Customs of the Kingdom; and Ordered, That on Tuesday and Thursday in every Week, the House do consider of advancing the Receipts of the Excise and Customs of the Kingdom, for the best Advantage of the State; and that this Business be considered of on Tuesday Morning next.
Members of the House that are Lawyers leave to go the Circuit.
They Ordered, That all the Lawyers that are Members of the House, shall have the leave of the House to go to the several Circuits for the next Assizes.
20000 l. to be repaid to the Committee for the Eastern Association.
The House this Day also considered of the Business of the Navy, in order to advance Monies for that Service, and past an Ordinance for the Repayment of the Committee for the Eastern Association, the Sum of Twenty Thousand Pounds, which they have lent for the Service of the Navy.
1000 l. to be repaid to the Commissioners of Excise.
An Ordinance was then likewise read, for the Repayment of the Sum of Ten Thousand pounds to the present Commissioners of Excise, which they had advanced for this Service; one Clause therein being for not removing the said Commissioners of Excise, till the said Sum of Ten Thousand Pounds, and all other Sums of Money advanced by them were repaid, with Interest at Eight per Cent.
Another Ordinance was likewise read, for Repayment of the Sum of Ten Thousand Pounds advanced by them for the Service of the Navy.
Ordinance past for the attainting Judge Jenkins.
The Ordinance for Attainting of Judge Jenkins of High Treason, was again reported to the House, and the Proofs upon the Matters of Fact mentioned therein, were fully debated; and upon the whole, the House being satisfied with the Proofs, passed the Ordinance, and the Lords Concurrence to be desired.
Monday, February 21.
Judge Jenkins obstinate Behaviour at the Commons Bar.
This Day the House of Commons, according to former Order, had before them Judge Jenkins; he being brought in by the Serjeant at Arms, was commanded to kneel at the Commons Bar, but very obstinately refused, and with many bold Expressions, denied the Authority of Parliament, charging them with wronging the King, wishing the Laws might be protected, but that there could be no Laws without the King; terrifying the Parliament with the King's great Issue, using many other high Words, in Derogation of the Parliament and their Authority; in short, his whole Deportment before the House, was the very same with his Carriage at the Chancery-Bar, the last Term.
The House then commanded him to withdraw; they had in Debate his obstinate Behaviour and Words, which they Voted to be a high Breach of Privilege of the House, and fined him a Thousand Pounds for his Contempt.
Being called in again, denied their Power to try him.
Afterwards, he was again brought before the House, when his Charge was read unto him, which contains, That he had Condemned, or past Sentence upon Men to be Hanged, Drawn and Quartered, for not assisting against the Parliament: That he took up Arms, himself a Judge, and a Colonel was Ordinary; that he stirred up others to levy War, and assist against the Parliament; and accused the Parliament of, and charged them with Counterfeiting the Great Seal. Being asked what he had to say? He answered, That they had no Power to try him; and would give no other Answer.
After this, the Witnesses to prove the Matter of Fact in the said Charge, were called in; and Mr. Speaker, according to the Order of the House, acquainted them with the Danger of giving false Evidence to the House, to sway the Judgment of that Honourable House, and thereby bring the Guilt of innocent Blood upon themselves.
Ordinance of Impeachment against him assented to, and the Lords Concurrence desired.
They were also required to give their Evidence concerning the Carriage of Judge Jenkins at the Chancery Bar, and of his throwing in a scandalous Paper into that Court; upon all which many Witnesses were called into the House, to prove the Matter of Fact contained in the said Charge, which was fully done; and the House being satisfied with the said Evidence, they proceeded to the reading of the Ordinance of Impeachment against him the Third Time, which was assented unto, and ordered to be sent to the Lords for their Concurrence.
Letters from Scotland giving an Account of the Commissioners Transactions with the Committee of Estates there.
Letters were this Day read in the House of Commons, from our Commissioners imployed in Scotland, acquainting the House how far they have proceeded in their Transactions with the Committee of Estates of Scotland; having also sent inclosed, Transcriptions of their several Letters that past between them; the Sum of all from the Letters is thus briefly collected.
'The Grand Committee of Estates for the Kingdom of Scotland, convened at Edenburgh on Tuesday, February 8. on which Day, both the English Commissioners, Mr. Ashhurst and Col. Birch, came to Edenburgh, with Mr. Marshall, and also the Scots Commissioners that Night; but their Grand Convention of Estates had only some Speeches made by divers Lords, viz. the Marquess of Arguile, the Lord Lothan, Mr. Hamilton, and others, to congratulate their Meeting; and it was then moved, That in regard the Scots Commissioners were not there ready with their Reports, they might Adjourn until Thursday, February 10. which was assented unto.
'Wednesday the 9th, the Committee of the Kirk of Scotland fat, and proceeded in some Debate, which they had been upon before, concerning some Non-conformists in Scotland, who stand for Liberty of Conscience in Church-Worship.
'The Marquess of Arguile, the Earl of Lauderdale, and the Lord Lothan, gave our Commissioners a Visit at their Lodging, which is at an Inn in Edenburgh, there being no House provided for them; These Three Lords were very courteous to our Commissioners, and the Scots in general are civil to them.
Further Transactions with the Committee of Estates.
'On Thursday the 10th, the Grand Committee of Estates met again, and the Earl of Louden, Lord Chancellor, and the Earl of Lauderdale, with the rest of the Scots Commissioners from London, began to make their Reports, concerning Transactions of Overtures by them in England, since last they went from Edenburgh, and declared to the Committee what they had offered to the Parliament of England, and what Engagements they had tendered to the King, as also what they had done to satisfy his Majesty.
'Divers of the Lords, and the rest of the Estates in particular, gave them Thanks for their Fidelity, and for their Pains, after the Estates were risen; but the Business is not yet debated, what shall be done in a Body by the whole Committee of Estates by Order, because when they fit again they are to go on in their Reports, until they have finished all, which will not be this Week.
English Commissioners make their Address to the Lord Chancellor.
'They then ordered to fit again Thursday the 15th, and that then the English Commissioners should make their Adderess to the Lord Chancellor Louden, who is President to the Committee of Estates; and the Reason of the last Adjournment until this Day was, because he is not well. An Account of this Day's Proceedings we shall have by the next.
Commissioners of the Kirk fat, but resolve to conclude nothing till the English Negotiation be fully reported.
'Friday the 11th, the Commissioners of the Kirt fat, and had Reports made concerning the Substance of the Committee of Estates the Day before; something was moved, about drawing up a Paper to present to the Committee of Estates at their Sitting; but it was at last resolved, that nothing should be done in that Particular until the Commissioners had made a full Report of the English Negotiation.
Dated at Edenburgh, Feb. 15. 1647.
Lilburne's Petition laid aside.
A Petition was this Day tendred to the House of Commons, in behalf of Lieut. Col. John Lilburne and Mr. Wildman, but laid aside.
The Lords concur about the Circuits
The House of Peers have concurred with the Commons in the Ordinances of the Judges that are to go the Circuits for the next Assizes, by which it is thus ordered, That Justice Bacon, and Serjeant Creshield, shall go Judges for the Circuit for the Counties of Norfolk, Suffolk, Cambridge, &c. That Justice Rolls shall go Judge for the Circuit of Northampton, Warwick, Leicester,&c. That Baron Atkins and Serjeant Turner shall go Judges for the Circuit of Berks, Oxon, Glocester Circuit, &c. That Serjeant Jermin and Serjeant Green shall go Judges for the Northern Circuit; and that Justice Godboult and Serjeant Will shall go Judges to the Western Circuit.
Reducement of the Soldiers goes on very well at York.
From York by the last Letters is certified, 'That the Reducement of the Soldiery goes on very well, and the Model will quickly be finished; little Discontent, for all Satisfaction that can be is studied for all; Free Quarter is quite taken off; the Private Soldiers, except some few, are all reduced; the ordering of the Accompts of the Officers is now going in Hand with, no Time nor Pains are omitted for the perfecting of this difficult good Work.
Prince of Wales at Paris.
'Letters from France give to understand, that the Prince of Wales is still at Paris, hath no mind to hazard himself in a Remove Northerly, until things are come to more Maturity; the Queen his Mother is discharging her Family, with little Content and less Hope; she is not gone into any Religious House as yet; there is, it's true, talk of several.
Tuesday, February 22.
Intercepted Letter from the Duke of York reported; The Duke acknowledges his Offence.
The Committee this Day reported a Letter to the House of Commons, from the Duke of York intercepted, and directed to his Majesty, the first part whereof was in Characters, the others written at large, containing Filial and Dutiful Expressions to his Father; they likewise reported that part of it in Characters, having found out the Clavis thereunto; which discovered an Acknowledgement of the said Offence under the Duke of York's Hand, and that hereafter he should be more careful not to violate any Ordinance of Parliament.
The Earl of Northumberland to take care of him and the rest of the King's Children,
The House Ordered, That the Earl of Northumberland should continue the safe keeping of the said Duke of York, and the rest of the King's Children here.
That the said Earl of Northumberland should have Power to displace such attending the said Duke of York and the King's Children, as he should conceive to be disafected to the Parliament, and to appoint well affected Persons in their steads.
The Attendants about the Duke and the rest of the King's Children required to give Notice of any Address made to them.
The House further ordered upon this Business, that the former Orders for not admitting of any Delinquents or disaffected Persons to come to the Duke of York, or the King's Children, should be put in execution; and that if any shall presume to come and make Addresses to any of them, that the Attendants be required to give Notice thereof to the Earl of Northumberland, to the End Justice may be done upon them.
The Committee to acquaint herewith.
They likewise Ordered, That the Committee should acquaint the Duke of York with the whole Matter of this Report, and what Advantage they might have taken against him upon this Occasion of his intercepted Letter, but in respect of his Engagement never to do the like again, and of the Tenderness of his Years, their Indulgence would pass by this Offence.
The Impeachment against Judge Jenkins carried up to the Lords.
The Impeachment against Judge Jenkins, which passed the Commons House, was by Message this Day carried up to the Lords, and read the first time in their House.
Mr. Fenwick restored to his Fellowship.
An Ordianance passed for Mr. William Fenwick to be restored to his Fellowship in King's-College in Cambridge, taking the Oath.
The Lords agree to the Ordinance for the Navy.
The Lords concurred in the Ordinance for Monies for the Navy, and for Security to those who promote the Monies.
Also an Ordinance passed for Ten Thousand Pounds for the Committee of Norfolk, Essex, Suffolk, Cambridgeshire, Isle of Ely, &c. by them disbursed, with other Ordinances in the like Nature to others.
The Scots Declaration debated.
The House of Commons this Day proceeded in reading the large Declaration, in Answer to the Scots Commissioners last Declaration; which took up much time in reading the first time, and it was ordered to be read again Thursday next.
We had News that the Marquess of Ormond is gone for France, without taking his Leave.
Letters from Dublin, of the Proceedings of the Army.
From Dublin, by Letters of Feb. 9. it is certified, 'That the Forces are all in Field, notwithstanding those Necessities which surround them, Hunger, Nakedness, and want of Pay, sharper than the Swords of their Enemies: The truth is, the Extremities of the very Officers is intollerable. The Lord Inchequin hath taken a Castle of the Lord Ormond's in Possession of the Rebels, and within Eight Miles of Kilkenny. Col. Jones marched into the County of Kildare on Thursday last, hath taken divers Castles and Strengths, a Particular whereof you may expect by the next. A Report came hither this Day, that Col. Monk, now upon his March into the County of Cavan and Longford, hath god, by Composition, the strong Fort of Clermont, and the only Strength held by the Rebels in the Province of Ulster; the Commander in Chief in it, entrusted by Sir Philemon Oneal, 'tis said, was to have 500l. a Year for it in the Queen's County.
Wednesday, February 23.
This was the Monthly Fast, there preached before the House of Commons Mr. Ashe and Mr. Nye.
Ordinance for the better Observation of the Lord's Day and Fasts.
After the Sermons were ended, the Commons met and returned Thanks to the Ministers that preached. They then also spent much time in Debate of the Ordinance for the better Observation of the Lord's Day and Fast Days, and other Days of Holy Duties appointed by both Houses of Parliament to be observed, which Ordinance was read and committed.
The House ordered, that Mr. Thomas Goodwin and Mr. Whitacres should be desired to Preach before the House of Commons the next Fast Day.
Two scandlous Pamphlets to be burnt.
The House then likewise, upon some Debate, further Ordered, That the two scandalous Pamphlets, formerly mentioned, the One Entituled, The Parliament's Ten Commandments, and the Creed, &c. the other, The New Testament of our Lords and Saviours the House of Commons, &c. should be collected together, by Care and Direction of the Sheriffs of the City of London, and Burnt by the common Hangman.
The Order for discovering the Author or Printer of them to be Publisehd in Print.
They further ordered, That the Order of the House for giving a Hundred Pounds to any that can discover the Author or Printer of the said Pamphlets, or either of them, should be forthwith Printed and Published, to the End all may take further Notice thereof.
There was a Paper presented to the General, Sir Thomas Fairfax, of the Desires of his Excellency's Life-Guard, concerning their Disbanding by the General's Order; which Paper is as followeth:
The humble Desires of all the Gentlemen of Your Excellency's Life-Guard,
The Desires of the General's Life-Guard.
- 1. That a particular Order of Parliament may be made appear for their Disbanding, as they received their first Being and Continuance by a particular Ordinance and Order of Parliament.
- 2. That they having by their particular and ready Compliance to your Excellency's Order, waved that Honour which all Troops of this Nature do usually stand upon, to be the last Disbanded, as they were with the first raised, may receive from your Excellency Honourable and Commendatory Discharges.
- 3. That they have their Accounts audited and registered by the Honourable Committee of the Army, or by such as they shall appoint, and visible Security given for the same, according to Agreement.
- 4. That they may be continued in Pay, and Quarter assign'd them, until their Debentures are persected, and such visible Security given.
- 5. That the Publick Faith of Three Shillings per Diem, according to the Establishment, may be cast up and allowed them in their Account.
- 6. That their verteran Accounts may likewise be audited and registred as well as new, according to the Ordinance.
- 7. That they, or such of them as shall desire it, may be compounded with and paid off in gross.
- 8. That all such of us as were present and mustered at the last Muster, may also be capable of their Two Months Pay, according to the Committee's Order for it, Dated 4. February, 1647.
These Desires not finding acceptation, they seize the Colours.
These Desires receiving not that Acceptation as was expected from the Committee, and some having told them that they were look at upon as disbanded Men, divers Gentlemen of the Life-Guard went one Night to Cornet Hill's Lodging at the Ball in Grays-Inn-Lane, and fetch'd away the Colours of the Life Guard, and carried them to the Lamb on Snow-Hill.
Thursday February 24.
Scots Papers again debated.
The Houfe this Day, according to former Order, took into debate the Declaration in Answer to the Scots last Papers, which took up much time in reading the second time. The House fat till almost Two in the Afternoon in debate thereof and fat again half an Hour after, and continued debating this Business till late at Night, and ordered to Morrow Morning the first Business, to resume the Confideration thereof.
Letters from the Isle of Wight concerning the reducing his Majesty Atrtendants.
From the Isle of Wight came Letters which certify, 'That his Majesty taking Notice of the Order for reducing his Attendants, defired that they may be those who were before appointed by Order of Parliament. Some are already discharged, others contracting; the Care of this Business is fully referred to Col. Hammond. The Man who brought the Letters from Boswell is kept in the Dungeon of the Caftle, but Boswell is gone out of the Island, and cannot be heard on. His Majesty is Chearful and Merry: There is no jarring between his Majesty and the Governor, but all things very fair and civil.
Letters concerning the Disbanding Supernumerary Forces.; Committee of Officers to receive Petitions.
Letters this Day to the Committee of the Army from the Commiffioners in the feveral Counties of the Kingdom, give Account of their Proceedings in the Disbanding of the Supernumerary Forces in each County, according to the Ordinance of Parliament; and for the taking off Free Quarter, for the Eafe of the Subject The Particulars are too large to incert, but they will be Printed by themfelves.
In regard of the Multiplicity of Bufinefs which came to the General by reafon of his being in Town, and the Multitude of Petition's which daily attend on him, his Excellency hath issued forth an Order, for a Committee of Officers to sit daily at White-hall to receive Petitions, and to consider of Business relating to the Army. The Order is as followeth:
The Names of the said Committee.
I Do appoint Lieutenant-General Cromwell, Commissary-General Ireton, Lieutenant-General Hammond, Col. Fleetwood, Col. Harrison, Col. Rich, Col. Barkstead, Col. Whalley, Col. Deane, Commissary-General Stanes, Scoutmaster-General Watson, Quartermaster-General Gravenor, Lieutenant-Colonel Cobbe, Major Briscoe, Major Husband, the Judge-Advocate, Adjutant Evelin, Adjutant Berry, and such other Field Officers as are in Town, or any Five of them, to meet every Day at Nine in the Forenoon, and Two in the Afternoon at Whitehall, there to receive Petitions, and to consider of Business relating to the Army, for your better preparing of Dispatches of Concernment for the same.
Given under my Hand and Seal in Queen-street, the 23d of February, 1647.
Friday, February 25.
Scots Declaration again debated.
The House of Commons spent this whole Day also, from Morning until Night, upon the Declaration, in Answer to the Scots last Papers and Declaration, and are to go on further with the same to Morrow.
Major General Langhorne's Petition.
This Day a Petition was presented to his Excellency Sir Thomas Fairfax, from the chief Officers under Major-General Langhorne, and it was as followeth:
To His Excellency Sir Thomas Fairfax.
The Humble Petition of the Officers under the Command of Major-General Langhorne.
Offering to consideration their long and faithful Service to the Parliament in this Cause, whereby some of their Estates, by the Rapine of the Enemy, and being the sole Subsistence of themselves in all the War time, are utterly ruined, the Residue very much endamaged, and all of them so far beyond any Example in the Kingdom, behind of their Pay, that they cannot at present upon an exact Audit, justly claim above two Years and an half Arrears, the only visible Means of Livelihood, and Stay of future Maintenance of many of your Petitioners; and that, this notwithstanding, the Considence of your Excellency's noble Favour and Justice, and Soldiers and Men of Merit wrought in your Petitioners a willing and unanimous Submission to Disband, according to your Excellency's Orders, desiring your Tutelage from the Enemy of theirs and the States Enemies, and for the removal of the Prejudicials they are otherwise inevitably obnoxious unto.
In order whereto, your Petitioners humble Prayer is, That your Excellency will be pleased to recommend your Petitioners Condition to the Parliament, to whom they have been so faithful Servants; and that, according to our Petition, the Honourable House would be pleased to intend your Petitioners some present Right against theirs and ours professed Enemies. That in regard their Major-General is now absent, at whose Hands they have received what Pay they had in small inconsiderable Sums, for which he hath their Receipts, without which they cannot so perfect their Accompts, but their Debentures may be allowed to pass without Exception, and your Petitioners Satisfaction be not defranded, or unmeasurably delayed; that your Petitioners may not suffer in your Excellency's Opinion upon any Clamour of Detractors, before they be admitted to make their Defence. And your Petitioners shall every Pray.
Subcribed by the Chief Officers under Major-General Langhorne.
Council of War fit at White-Hall.; Mr. Clarke and another of the Life-Guard secured.
We mentioned a Letter before, the Desires of the Life-Guard about Disbanding, and their taking away and concealing the Colours of the Life-Guard in Discontent; we will now also give you a further Account of that Business: Yesterday a Council of War sat in White-Hall, the General, Lieutenant-General Cromwell, and Commissary-General Ireton present, with about Twelve Officers, besides other Commission Officers. The Chief Occasion of this Court-Martial was, the carrying away the Colours of the Life-Guard, which was esteemed as a great Disrespect and Dishonour to the General. Divers of the Life-Guard being examined about it, made answer, That they could not tell where they were, or who carried them away. At last it was found, that one Mr. William Clarke, of the Life-Guard, had a great Hand in carrying them from the Bell in Grays-Inn-Lane, to the Lamb on Snow-Hill: But he refused also to declare where they were. Whereupon the Sentence of the Court that Night was, That he and another of the Life Guard should be committed close Prisoners within the Walls of White-Hall, and a Third ordered to be secured.
Mr. Clarke sentenced to be shot to Death.
This Day the Council of War met again at White-Hall, a fuller Meeting of Officers than before; they proceeded in the Examination of other Gentlemen of the Life-Guard, and at last they came to Sentence of Mr. William, Clarke, having found him Guilty upon Two Articles of War, viz. That concerning Mutinies, the other for Disobeying Superior Officers; and accordingly adjudged him to be Shot to Death.
Saturday, February 26.
Scots Declaration again debated.
The House of Commons this Day, further proceeded, and spent the whole Day upon the great Declaration in Answer to the last Scots Papers and Declaration, but did not present the same: The Particulars are too large to insert.
Another petition was presented to his Excellency Sir Thomas Fairfax, from the Gentile man of his Life-Guard, &c. It was a foloweth:
To his Excellency Sir Thomas Fairfax, General.
The Humble Petition of Your Excellency's Life-Guard.
Another Petition of the General's Life-Guard.
With all Humility,
We are informed, and too much sensible, of your Excellency's great Displeasure against us, and ill Resentment of some of our late unadvised Proceedings, which, since we have met and considered together, hath appeared more plain unto us: But since acted, we cannot but submit, and cast our selves upon your Excellency's Goodness, and beg that your Excellency will be pleased to entertain us in your Excellency's good Thoughts; pardon all our former Miscarriages, and remove us out of the Labyrinth we are most rashly and suddenly involved into; and we, with unsigned Sence of Re admission to your Excellency's Favour, shall desist from acting any further but in absolute Obedience to your Excellency's Command.
And further, with all Submission,
We cannot but with Sadness of Heart, implore your Excellency's Mercy in the behalf of Mr. Clarke, who, we hear, is by Judgment of your Honourable Countil of War condemned to die. Sir, we beseech you hear us, though not in reference to any Actions aforesaid, yet as Christians, as Soldiers, as Gentlemen, who engaged in all humble and petitionary Ways to seek unto your Excellency in this his sad Condition, having had a full Knowledge of the Gentleman's Disposition many of us this Four and Five Years, in the Parliament's Service, found him Valiant and Active as a Soldier in the Field, comfortable as a Christian in his sweet Society in his Quarters: truly that Man's Character, for Honesty, Valour, Integrity and Fidelity, is hardly to be exprest, however now transported. All these Considerations we humbly present to your Excellency's Lenity. We could speak much more in his Behalf, if we conceived it equivalent to Submission; but that we are loth to trouble your Excellency with many Lines, hoping that these, with the Prayers of us, and all that ever knew him for his Welfare, will open the Bowels of your Excellency, to shew Mercy unto him, who never offended, nor ever was question'd for any Misdemeanour, as a Soldier, until this unhappy Occasion. We only beg, only beseech, only intreat and implote your Excellency's gracious and merciful Pardon to save his Life.
And we shall ever Pray, &c.
Mr. Clarke pardoned, and the other in Restraint with him set at Liberty.
This Day also the Council of War sat at White-Hall, where the General was present. Mr. Clarke, of the Life-Guard, also Petitioned the General for Pardon, acknowledging the Justice of the Council of War in passing that Sentence upon him, according to the Articles of War, which had a favourable Acceptance; and withal averr'd the Innocency of his own Heart, of having any Intention of Evil towards the General or Army, he being one of those who freely offered the Colours to his Excellency, as soon as they came to London; yet was afterwards drawn into that Engagement of seizing of the Colours, by the not punctually performing of the Agreement made at Windsor, and to vindicate the General's Honour therein, as he conceived. After the same was awhile taken into Consideration, he was called in, and the General declared his Resolution to pardon him; and accordingly himself, and those other Gentlemen in Restraint with him, were set at Liberty.
February 19. 1647.