Thursday, June 25, 1657.
A Report was made from the Committee appointed to attend his Highness last night, that he will meet the House in
the Painted Chamber to-morrow at twelve to pass Bills,
&c. (fn. 1)
Resolved, that presently after the passing of the Bills, the
solemnity shall be performed in Westminster-hall, according
to the form voted last night.
Mr. Bacon offered the Report for Lady Worcester. (fn. 2)
Lord Lambert moved it very feelingly.
The Lord Deputy's motion to read the Bill of Attainder,
thrust it out, and it was ordered to be reported the first business in the afternoon.
The Bill of Attainder was read, and several provisos
passed upon it. They came in so thronging till one o'clock,
that the House was forced to pass a vote that all provisos
that were not now brought to the table should not be received:
as they did in the case of the Bill for Excise, Customs, and
Buildings; and the debate was adjourned till three o'clock.
The House resumed the debate upon the Bill of Attainder,
and several provisos were offered.
I offered one at Mr. Rushworth's (fn. 3) and Mr. Collingwood's
instance, to except all children under five years of age, who
claim not by descent from their ancestors, out of the penalty
of this Act; so as they make out their claim within the time
Major Morgan and Major Aston moved against it, and the
sense of the House was so, that it had not so much as a
The Bill so amended, passed, and was ordered for his
Mr Secretary. Your time is short, and his Highness is
to meet you to-morrow at twelve o'clock, and there is one
thing material to be done before you rise. It is the explanatory Petition and Advice.
This was read accordingly.
Mr. Secretary offered a clause touching the members of
Scotland, and explaining what is meant by " signal testimony."
That if his Highnesses Council have employed them, and
they be of good conversation, they may not hereby be declared uncapable. It will be a reflection on General Monk. (fn. 4)
Colonel Cooper moved against the clause. The proviso
was large enough.
Colonel Jones. You cannot omit the clause. It will not
be for your service to make all Scotland without a magistrate.
It is a reflection upon your Council, and it will be made Out
that this does not take in old malignants.
Lord Lambert moved, that the coherents might be read, to
Major-General Disbrowe. I move against this clause. It
will be a gap to let in your greatest enemies, and set a high
favour upon the greatest transgressors.
Judge Lawrence. I. would have this proviso taken in. It
is a dangerous thing to half trust men. If they had not taken
up these offices, your business had laid to the ground. They
are lost as to the other party, by your employing them
Many of them are received into all places; some in the
Council, some sheriffs, some justices, &c. You cannot debar the sons, and I had as well have the fathers.
Colonel Cox moved for the clause, for the very reasons
used against it.
The Lord Deputy. I move against the clause. It is dangerous, for a particular favour to some persons, to let in all.
The state of Scotland is to be looked upon as to the consequence, so I would have you give a check to this spirit of old
malignants that is growing, and I doubt will be fatal to this
Major-General Goffe. There is no need of the proviso;
it is well provided for already.
Major-General Disbrowe. The Council have not meddled
with putting in provosts or bailiffs; but only with justices
of the peace and the like. Yet, of all the officers, not a word
of a compliment ever to the Council, of any of them.
I shall lay down the necessity of the clause. You have
excluded all that advised, assisted, &c. and so were taken in.
If it be thus large, there will not be one left out of exceptions.
The difference in Scotland was but only about the Argyle
and Hamilton families, and not out of any affection to you.
The Hamilton party were the looser sort, yet some good men
were drawn in; such as, I think, none in your House will
say but they are honest men. The truth is, they were all a
mass of Cavaliers, and unless out of this lump we can pick
out the best—
If you set one of this party on horseback, they will make
work for you, and raise distempers. I am unwilling to speak
of it in this place, but to choose honest men out of both parties. Those that you intrusted there, I dare say, would be
as lothe to let in ungodly men as any. I shall say no more.
This very party that are pleaded for, were those that fetched
in Charles Stuart, your grand enemy. This party will not
come in to you yet, but preach against those that come in to
you, and excommunicate them. They refused the magistrates of Edinburgh from the sacrament, for three years; and
some durst not stir out for a year, for fear of being knocked
on the head for complying with you.
Judge Smith. I move some addition to the clause: " and
have constantly appeared true and faithful in their trust." I
know the Council are as careful of admitting persons into
trust as possibly can be.
Colonel Sankey. I stand up to vindicate that party that
are so much reflected upon. Did not they first own your
quarrel. True they were also for the King; but this was
upon the account of the covenant and conscience. I move
that there be a discrimination, and that you would reject that
Colonel Stewart. If you pass that Bill, you. will, at one
blow, set aside all the magistrates in Scotland. Some that,
haply, were not capable of serving you before, by their coming in betimes, and their constant faithfulness, are now capable.
Lord Lambert made a long speech against the clause.
The question being put, upon the second reading of the
Mr. Speaker declared for the Yeas.
Major-General Packer for the Noes.
Mr. Upton went out, upon the exceptions, so that the
House could not divide. He came in again, and the House
was divided. The Yeas went forth.
Noes 66. Lord Lambert and Lord Strickland, Tellers.
Yeas 62. Lord Eure and Alderman Foot, Tellers. (fn. 5)
So it passed in the affirmative; and the petition was, upon
the question, passed.
Ordered, that this petition be presented to his Highness
for his consent.
Resolved, that the oath to be taken by the Lord Protector,
be ingrossed in a roll of vellum; and entry made thereupon,
of the time and place of his Highnesses taking the said oath;
and that the same do remain, as a record of Parliament, to be
made use of in future times; and that the said oath be also
recorded in the four courts of Westminster; viz. the Chancery, Upper-Bench, Common-Pleas, and Exchequer.
Resolved, that there be a purple robe, (fn. 6) lined with ermine,
a bible, a sceptre, and a sword, provided for the investiture of
the Lord Protector.