Proceedings in Parliament: November 1st - December 1st 1648

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History of Parliament Trust

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John Rushworth

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1721

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1315-1348

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'Proceedings in Parliament: November 1st - December 1st 1648', Historical Collections of Private Passages of State: Volume 7: 1647-48 (1721), pp. 1315-1348. URL: http://british-history.ac.uk/report.aspx?compid=86565 Date accessed: 22 August 2014.


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Chap. XXXII.

Proceedings in Parliament from November 1. till December 1. 1648.

Wednesday, November 1. 1648.

An Ordinance for sequestring Estates of new Delinquents in Essex.

An Ordinance was this Day read in the House of Commons for sequestring the Estates of the new Delinquents in the County of Essex, and imploying the Monies arising thereupon for the Good of the said County; and after the second Reading was committed.

The House ordered that the Place in the Tower, formerly bestowed upon Mr. Nichols, one of the Members, should be now conferred upon him during his Life by Patent; and the Commissioners of the Great Seal of England are required to pass a Patent in usual Form, for settling the said Place upon him accordingly.

His Majesty's Massage concerning Ireland voted unsatisfactory.

The House then resumed the Debate upon his Majesty's Letter, and fell upon that part of it concerning Ireland, and Voted, that the said Message of his Majesty was unsatisfactory.

They then considered of that part of his Majesty's Message concerning the levying of Moneys for the Payment of the publick Debts of the Kingdom, and voted that part like wise unsatisfactory.

The rest of the Particulars of his Majesty's last Message, were ordered to be debated de die in diem 'till finished.

The Murder of Col. Rainsborough, &c.

A Letter this Day came from Doncaster, That 40 Horse sallied out of Pontefract on Sunday Morning towards Doncaster, and killed the Sentinel, then rid on; three of them came to Doncaster, and asked for Col Rainsborough's Quarters about five a Clock, and so to his Chamber, and there called to him, and said they had a Letter from Lieutenant General Cromwel; the Colonel rose and opened to them, for he expected such a Letter as they pretended that Morning; but they presently got him down, and ran him into the Neck, and to the Heart, with other Wounds, and left him dead, and escaped without any hindrance given: his Corps was sending up to London.

Thursday and Friday, November 2. and 3.

Complaint of the Merchants trading to France, referr'd to a Committee.

A Petition was this Day presented to the House of Commons from the Merchants trading into France, complaining of many Grievances in relation to their Freedoms. The House referred it to the Committee of the Navy to consider thereof, and to examine the said Grievances mentioned in the Petition, and to report it to the House.

His Majesty's Message, desiring the Primate of Armagh, &c. to be admitted to him.

A Message this Day from his Majesty was read in the House of Commons, desiring the Primate of Armagh, Bp. of Worcester, Bp. of Rochester, Dr. Ferne, and Dr. Morley may be admitted to him with all convenient speed, that so his Majesty may receive all possible Information for the clearing his judgment in a matter nearly touching his Conscience.

The House order'd the same.

The House in debate thereof ordered, that Dr. Usher, Dr. Bramhall, Dr. Prideaux, Dr. Warner, Dr. Ferne, Dr. Morley, should have Leave to go to the Isle of Wight, and confer with his Majesty about satisfying his Judgment concerning the Business of the Church.

The House agree for 14 days longer Treaty with his Majesty.

The House considering of the Message sent yesterday from the Lords, desiring the Concurrence of the House of Commons to an Ordinance for prolonging the Treaty 14 Days longer, and upon debate voted, that 14 Days longer should be added to the time of the Treaty with his Majesty.

The House ordered that the Lord Mayor of London, Alderman Reyn ldson, should be desired to call a Common Council upon Saturday, for that a Committee of Parliament should come and propound some Things to them from the Parliament.

A Common Council call'd.

A Committee was appointed to go and meet the Common Council on Saturday, and to propound unto, and desire of them the Loan of 4000l. for the maintenance of the Treaty 14 Days longer, upon the same security as they advanced the former 10000l. upon.

Lieut. General order'd to take care to find out the Murderers of Col. Rainsborough.

The Commons took notice of the horrid Murder of Col. Rainsborough at Doncaster, and thereupon ordered that it should be referred to Lieut. General Cromwel to take special Care and make strict Examination concerning the said Massacre, and to certify it with all speed to the House.

Letters came from the Commissioners in the Isle of Wight, and his Majesty's Answer to the declaring against the Lord Ormond's joyning with the Rebels in Ireland to destroy and massacre the Protestant Forces; upon the reading thereof, the House voted his Majesty's Answer concerning the declaring against the Conjunction of the Lord of Ormond's Forces with the Rebels of Ireland, is unsatisfactory, his Majesty justifying the said Ormond in that bloody and traiterous Act.

Saturday, November 4.

Six Commissioners ordered to continue the Treaty with his Majesty.

The House of Commons this Day voted, that all the Commissioners of Lords and Commons appointed to treat with his Majesty in the Isle of Wight should have power to nominate any six of them to continue there upon this Business of the Treaty, and the rest to return, if they please to London. The Lords Concurrence being desired therein, the Lords returned Answer, That any three of them should have Power to treat with his Majesty; one Lord, two Commoners. The Commons agreed with the Lords in this.

A Debate concerning guarding the House, and a Committee to confer with the Common Council.

The Commons spent much Time in the Debate of the Report concerning the Guarding of the House, which was clearly and unanimously concluded to be in great Danger by reason of the malignant Party, who flock up to London, and as is conceived, upon some dangerous Design at the Breach of the Treaty, most of them having Daggers and Pistols in their Pockets.

The House ordered that a Committee of the House of Commons should confer this Day with the Common Council of London, concerning the Security of the Parliament and Kingdom, and to report with speed.

Monday, November 6.

The Commons vote that Ld. Digby, E. of Newcastle and Sir Mar Langdale be 3 of the 7 exempted from Mercy.

The House of Commons spent this whole Day in debate of the Persons to be exempted out of Mercy upon the Propositions for Peace; and for the Number of them, they agreed with the Lords, that they be 7. The Question then remained, whether those 7 nominated by the Lords should be them, but agreed not in this: Wherefore enter'd into a particular Debate of them, and voted that George Lord Digby, the Earl of Newcastle, and Sir Marmaduke Langdale, be three of them. The Earl of Derby was put to the Vote, but nor carried; the rest are to be voted to morrow.

An Ordinance for Committees and Sequestrators.

The Lords had read an Ordinance in pursuance of a former, requiring all Committees and Sequestrators to bring in their Accounts of what Money they have received in way of Sequestation, and how disburst upon Oath, on pain of being sequestred; And if any Falshood be proved, they are to forfeit double the Value, one Moiety to the Discoverer, the other to them that attend the Audit.

A Letter and Petition from the Gentlemen of the Northern Counties.

A Letter this Day came to the House from Barnards-Castle, directed to the Speaker, and a Petition inclosed, signed by the well affected Gentlemen of the four Northern Counties. The Letter and Petition for better Satisfaction, take as followeth:

Mr. Speaker,
Lieutenant General Cromwel, upon Conference with us Gentlemen of the four Northern Counties, conceives it necessary, That the standing Garison of Berwick be 1200 Foot, and the Garison of Carlisle 800 and that there be also two Regiments of Horse, consisting of 600 in a Regiment, to be ready upon all Occasions to result and oppose any Invasion that may happen by Sea or Land, and to quell insurrections that may rise among us, and to suppress the Moss Troopers, they being now stronger than ever, many of the Enemies Horse being gathered to them. We shall most really and heartily endeavour to the utmost these poor Countries are able: But Sir, you know our intolerable Sufferings, not only this Summer, but from the beginning of these Kingdoms Troubles; and our Petition doth a little set forth the sad Condition that we are now in. We therefore most earnestly intreat you to move the House that these Forces both of Horse and Foot may be maintained by the whole Kingdom, not only in respect of our extream Poverty and Disabilities, but because they are the frontier Garisons between the two Kingdoms, and have ever been maintained by the Publick. We press this the more earnestly, knowing the necessity of a speedy Provision, and the impossibility for these Counties to provide for such a Force: and to what general way the House pleases to appoint, we shall willingly and freely contribute our Proportions, and labour both in that and all other Things to shew ourselves,

Sir,
Your faithful Servants.

Barnard-Castle, October 25. 1648.

To the Honourable the House of Commons,

The Humble Petition of the Gentlemen of the four Northern Counties at their Meeting at Barnard-Castle;

Sheweth,
"That your Petitioners had formerly some hopes, that Lenity towards those who had been in Arms and otherwise active against the Parliament, would so far have prevailed with them, that your Petitioners might have peaceably enjoyed their own Habitations; but we have lately found by woful experience, that the permitting such Persons, especially those of Interest in the County, to live among us, hath brought most unsufferable Misery upon these Counties, insomuch as we may justly fear the perishing of many Families this Winter for want of Bread; Gentlemen of Quality and their Families having no other Drink but Water: and as an exceeding Addition to our former Sorrows, suffered this Summer by imprisoning our Persons, dispeopling our Towns, compelling all to bear Arms betwixt the Age of 60 and 16, to assist against the Parliament, and by destroying our Corn and Goods, and killing our Neighbours and Countrymen, and driving away our Cattle.

"And also by bringing into the Kingdom a foreign Nation, and by treacherously surprizing and most basely delivering into the Scots Hands the two considerable Towns of Berwick and Carlisle and by further aiding and assisting of them towards the subduing and enslaving of out Kingdom, that many of the Actors, Contrivers, and Assisters in that horrible and traiterous Design, not only against our Counties, but the Parliament and Kingdom, are after all their Summers abominable Treason and Outrages, now returned with much confidence and Boldness to their own Houses, intending to hatch, as we have cause to believe, new Plots this Winter among us.

"The Premises considered, your Petitioners pray that Justice may be speedily executed on such implacable Enemies and declared Traitors to the Parliament, Kingdom and their Counties, and to that end, a Commission of Oyer and Terminer, with learned and faithful Judges may be forthwith sent down into these Northern Parts, or such other legal Course resolved on, as to your Wisdoms shall seem best for their speedy Trials in these Northern Counties, where they have committed the Offences; and that a Solicitor be forthwith sent down into these Parts, that such as are sled out of the Kingdom or gone beyond Sea, may be proceeded against according to Law. We know no other way under God to prevent a new War, for many Delinquents late in Arms are not only returned to their own Houses, but meet and have already their private Consultations, pretending Articles for their peaceable living at home, and are thereupon so insolent, that they ride arm'd to publick places, and do not stick to say, that they yet expect a Turn for all this; and we find by Experience, that unless the House do severely proceed against such notorious Delinquents, many of the People in these Parts will adhere to them, and justify their Actions, and be ready to rise up in Arms with them upon all Occasions. We press more earnestly the granting of this, Knowing that the Peace and Quiet of the North, if not of the whole Kingdom, depends upon it.

And we shall ever pray, &c.

The Petition read, but no Vote passed on it.

This Letter and Petition were read in the House, but not Vote passed upon them.

At St. Albans he People cry out against Free-Quarter.

From St. Albans is certified, That on Saturday last there should have been a meeting of Officers, but it is put off 'till Tuesday; that the Cry of the untolerable Burden of Free-Quarter, is so great by the People in the ears of the Soldiers, that it is to be feared it will break out into some Distemper, let the Officers do what they can, if not timely prevented.

Account from Pontefract.

Letters by a Post extraordinary, who came to London on Saturday Night last from Pontefract, signify the great Discontents of the County at Sir Henry Cholmley's ill Management of the Seige against Pontefract, his Horse permitting the Enemy since his last Letter to the House, (wherein he said he had coop'd them up in the last Hole) to fetch in 200 Head of Cattle at a time, and all other forts of Provisions, and to go out by Parties, doing great Mischiefs; and more particularly, the horrid Murther of Col. Rainsborough, and to return back again at Noon-time of the Day, and not a Pistol fired at them: Some of his own Officers of Foot are bringing up Articles to the House concerning him.

Lieut. Gen. continues near Pontefract to settle several Posts.

Lieut. General Cromwel is at Biron House near Pontefract, and there continues 'till he hath so settled the several Posts, as that the Enemy may not, as they have done, break forth, plunder and undo the County; which done, he goes to the Head-Quarters, as expected.

Tuesday, November 7.

Greenvil, Jenkins Dodrington and Winter be exempted from pardon.

They fell into Debate, according to yesterdays Order, concerning the rest of the 7 exempted Persons, and voted, That Sir Richard Greenvil, Judg Jenkins, Sir Francis Dodrington, and Sir John Winter, should be the rest of the 7 excepted from Pardon.

From Major General Lambert's Quarters yet in Scotland, came Letters, November 1. thus.

Letters from Scotland.

The Major General is still in this Kingdom, with three Regiments of Horse waiting on the Pleasure and Command of the Committee of Estates, and we are not like to remove 'till we have their Dismission, tho' we all long to be in our own Kingdom again, and are in a great deal of Bondage while we continue here, which I believe will be at least ten Days longer. They are very sensible of the great benefit they have of our Presence here, because they cannot act securely without us, 'till their own Forces are compleated: We are no Burden at all to the well affected, who were against the Engagement, quartering all together upon the contrary party, and have all this while lain in the County of Lothian 'till now. Colonel Twisleton's Regiment is removed into the Merse, more Southward.

The Estates altered from Malignancy.

The Estates of this Kingdom are much alter'd of late; the malignant Party being pulled down, and the other set up: But the Alteration is good, if they have Hearts, and Wisdom to make a right Use of it.

The new parliament to meet January 10th.

The new Parliament was last Week indicted at the Market Cross at Edinburgh to convene the tenth of January next.

The Prince has the small Pox; English merchants seek reparation for their Losses.

By Letters from the Hague, it is advertised that the Prince is there sick of the small Pox; the Duke much seared. Some English Merchants that had their Goods taken by the revolted Ships, are come hither for Reparation, seeking a course against the Officers, which they hope in Justice cannot be denied. These things and the Disorders of the Seamen, with want of Money, cause great Combustions. Upon discontent the Ld. Willoughby and Sir W. Batten have left the Prince, and Prince Rupert is now Admiral; speaks big Words, that he will out in despite to the Earl of Warwick, and with a good Wind get for Ireland; yet their Resolutions depend much upon Success of the Treaty. The Lord Culpepper discontented is gone to Vienna; divers Meetings have been between some of the English of the Princes Party, and others of the Parliament: The Royalists are willing to come in, in case the Treaty succeeded not: Messengers have been sent to Ireland and no answer, which puts all to a stand; divers Irish Ships are in these Parts, to whom repair divers discontented, and all for Ireland, not knowing whither else to go.

Wednesday, November 8.

The sad Condition of Plymouth Garison.

A Letter was read this Day in the House from Col. Welden, Governour of Plymouth, setting forth the said Condition of that Garison for want of Pay.

Assignments for paying Sir H. Wallers Forces.

The House ordered upon this Letter, that the Alignments laid near Plymouth, for Payment of Sir Hardress Waller's Forces, be laid elsewhere, of further Distance from Plymouth; and that those Alignments be made over to Col. Welden, for Payment of the Garison of Plymouth.

Berwick and Carlisle referred.

The House ordered that the Considerations of the Garisons of Berwick and Carlisle should be referred to the Committee of Derby House.

The House consider'd of raising Monies for disbanding the Lancashire Forces, and order'd Monies accordingly, and sent to the Lords for their Concurrence.

The rest of this Day was spent in Debate, whether any more than 7 should be exempted from Pardon; and when the Question was put, it was carried in the Negative Voice.

Both Houses agree to pay off the Parliament Guards.

A Message was sent to desire their Lordships Concurrence for an Ordinance, for advancing of Monies for Pay of the Parliaments Guards, by such Monies as shall be lent unto Harberdashers-Hall; they who lent formerly to double theirs, according to the Order of Bishops Lands. To which their Lordships concurr'd with some Amendments, and added five Lords to that Committee, viz. the Earl of Lincoln, Earl of Mulgrave, Earl of Rutland, Earl of Suffolk, Lord Hundson. And a proportionable Number of the House of Commons are to be added.

Another Message was for the disposal of 300l. formerly allowed for the Lord Willoughby of Parham before he deserted the Parliament, but nothing done upon it.

Several Lords and Commons come from the Treaty.

This day came several Lords and Commons from the Treaty, divers of his Majesty's being come before; there day behind the Lord of Northumberland, Mr. Pierpoint and Mr. Holles.

A Dunkirk Frigot with Irish taken near Newport.

There was last Week a Ship called a Dunkirk-Frigot, manned with Irish, taken near Newport; it was conceiv'd she hover'd there for some End, and more than ordinary.

His Majesty sticks at the word Bishop &c.

His Majesty hath made his further Condescension concerning the Church, but sticks at the Word Bishop, yet is content he stands in condition only of a primer Presbyter; nor is he willing Bishops Lands should be sold.

The desperate condition of Ireland.

Letters from Ireland speak further of the desperate Condition of that Kingdom, and the particular Distress of the City of Dublin, with out present Relief; but Col. Jones and Col. Monk, resolve to stand to their Principals, and improve that Strength they have to the best Advantage, for Defence of the Protestants against that horrid Engagement with the Rebels.

The Council of War concern'd for the Odium of Free-Quarter; Lieut. Gen. expected after his Inquisition about Col. Rainsborough's Murder.

From the Head Quarter at St. Albans, Letters speak of the meeting of the General Council of the Army this day there; the Officers express great sorrow for the Odium cast upon the Army by Free-Quarter, and conceives there's a Design to stop Pay, purposely to continue it: Much could not be done at this their first Meeting, they sit again on Friday. The Lieutenant General is not yet come, but shortly expected, he hath much to do in the North about settling the Sieges at Pontefract and Scarborough. A Committee do also meet with the Lieutenant General by way of Inquisition after the death of Col. Rainsborough, whose Body will be in London on Tuesday next to be honourably interred.

Thursday, November 9.

The Committee of the Tower to advise about the security of it.

The House this day was informed that the Tower of London was in some danger of surprizal by reason of much resort there unto by Malignants and other desperate Persons, and having an inconsiderable Guard besides, which with the disaffection of many of them did occasion much fear thereof. The House hereupon ordered that it should be referred to the Committee of the Tower to advise with the Lieutenant thereof concerning the security of it, and that they have power to remove what Guards they shall think sit, and appoint others in their stead,

The Committee of the Counties to receive security of all Delinquents not compounded.

They ordered that an Ordinance should be brought in to this, purpose, to require and authorize all the Committees of the several Counties of this Kingdom to receive very sufficient security of all the Delinquents in their Counties that have not Compounded for their Delinquences, not to stir above 5 Miles from the place of their abode, and to act nothing prejudicial to the Parliament; and such Delinquents as shall refuse to give the said security, to be forthwith secured by them.

Some of the Commissioners report the business of the Church.

Some of the Commissioners of the Parliament; being returned from the Isle of Wight reported to the House their Transactions upon the business of the Church, and other things in relation to the Treaty, and the last Papers betwixt his Majesty and them, which are as followeth.

His Majesty's Final Answer and Concessions concerning the Church and Bishops, delivered to the Commissioners the 4th instant.

His Majesty will make no new Bishops for 3 Years; Bishops to receive none into Order without the Prisbyters.

For a Final Answer to you, as to the Paper of the first of this instant, and the Votes therein mentioned concerning the Church, his Majesty faith, That his Concessions expressed in that Paper and misapprehended in these particulars following, viz. He neither did nor doth intend to make any more new Bishops during the term of 3 Years; now in the end of 3 Years that the power of Ordination should be practised in the old manner as formerly: heretofore the Bishops, were at liberty to call what Prisbyters they would to assist in Ordaining, but were not bound to their Counsel or Consent; but his Majesty doth now intend and will consent that Bishops shall not receive any into holy Orders without the consent of a limited number of Prisbyters to be chosen in such manner as shall be agreed on by his Majesty and his two Houses for that purpose; neither did his Majesty intend that after the end of three Years no certain way should he settled concerning Ecclesiastical Government, for that his Majesty did purpose during the three Years to have a consultation with the Assembly of Divines, twenty being added of his Nomination; which if his two Houses shall resolve to entertain, it cannot well be doubted, but upon the debate such a Government, will be agreed upon by his Majesty and his two Houses, as, shall be best for the Peace of the Church and most proper to prevent those distractions which his two Houses apprehend may ensue.

His Majesty will use another form of prayers.

And as to that part of the Proposition concerning the Book of Common Prayer; for the Satisfaction of his two Houses, his Majesty will not insist upon any provision for continuance of the same in his Majesty's Chappel for him self and his Houshold: nevertheless his Majesty declares, that he intends to use some other set form of Divine Service.

Consents to prevents saying Mass in the court, &c.

And as to that part of the Proposition, that an Act or Acts be passed for stricter course to prevent the saying and hearing of Mass in the Court, or any other part of the Kingdom, or the Kingdom of Ireland, his Majesty will consent thereunto.

As to all other Particulars in your Paper mentioned, his Majesty having in his former Answers consented so far as possibly he can, as he stands at present perswaded in his Judgment, doth refer himself thereunto and since his Majesty by his Concessions hath brought all differences concerning the Church unto so narrow a Compass, that the chief visible Obstruction is that wherein really in conscience he is not satisfied, he hopes his two Houses will not put further Pressures of so tender a nature upon him, when it is most likely the time and debate will happily reconcile all these Differences.

Newport, November 4. 1648.

To this the Commissioners gave in a Paper as followeth:

His Majesty's particular Exceptions desired to the said Ordinance, &c.

"Whereas we by our Paper of the third instant desired your Majesty to express your particular Exceptions to the Ordinance mentioned and contained in the Proposition concerning the Church, unto which your Majesty by your Answer thereunto this 4th instant is pleased to say, those Ordinances being many and large, and that after this day we can receive no more Papers without further Instructions; and therefore conceive your self so limited in time, that your Majesty cannot so suddenly give your particular exceptions to the said Ordinance: We humbly conceive those Ordinances having been many days since the beginning of this Treaty in your Majesty's hands, and under your Majesty's Consideration, the same cannot be new unto your Majesty; and therefore we again humbly desire your Majesty to express your particular Exceptions to the said Ordinances, as by our said Paper of the third of this instant we have formerly desired.

His Majesty replies as followeth:

His Majesty except against the form of the Ordinances.

For a final Answer to you as to your Paper of the fourth instant, whereby you desire his Majesty to express his particular Exceptions to the Ordinance mentioned of the Propositions concerning the Church, his Majesty faith, That by his Answer of the ninth of October he did express the general Reason why he did not consent to the several Ordinances in the form they are now penned, and that he heard no more thereof until he received your Paper late in the Evening last night: so that those Ordinances have been many in his Majesty's hand, and are not new unto him, yet this being the last day wherein you by your Instructions can receive any Papers from him, his Majesty cannot in so short a time review the several Ordinances, and state the particular Exception thereunto, and therefore he adheres to his former answer therein.

Newport, November 4. 1648.

The Commissioners final Answer as followeth:

The Commissioners final Answer to his Majesty.

"Having received your Majesty's several Answers to our Paper of the first of this instant concerning the Church, and likewise to out Paper of the fourth of this instant touching your Majesty's particular Exceptions to the Propositions concerning the Church, we shall communicate them to both Houses.

Newport, November 4. 1648.

Thanks ordered to the Commissioners; His Majesty's Papers to be debated next Saturday.

The House after reading the said Papers ordered, that Mr. Speaker should give them the hearty thanks of that House for their great pains and endeavours, and for discharging their Trust which they had reposed in them, and ordered the said Papers from his Majesty to be debated Saturday next.

Friday, November 10.

An Ordinance for repaying 4000l. to the City for the Charge of the Treaty.

An Ordinance was this Day read for repayment of such Persons of the City of London, as have advanced 4000l. for the better carrying on and defraying the charge of the Treaty, out of the fame Security as was formerly made choice of for the first: 10000l for that purpose, which was assented unto, and ordered to be sent to the Lords for their Concurrence.

Saturday November 11.

His Majesty's Answer as to the Church, &c. voted unsatisfactory.

The House this day according to former order, took into Debate his Majesty's Answer or Message concerning the Church, in debate whereof the House past many Votes to this purpose:

That his Majesty's Answer to the Discipline of the Church, and as to the continuing of Bishops, is unsatisfactory.

That that part of his Majesty's Answer concerning his laying aside the common Prayer for himself and his own Family, is unsatisfactory.

That his Majesty's mentioning to have some other form of Prayer in his own Chappel, which must be instead of the former, is not satisfactory.

That his Majesty as to that part that will for the better preventing the saying or hearing of Mass sign such Bill or Bills as shall be tendred to him to that purpose, is unsatisfactory.

Commissioners to press his Majesty for a final Answer about the Church.

After these Votes, upon further Debate it was ordered, That the Commissioners of Parliament attending his Majesty, be required to press his Majesty further for his final Answer to the Business of the Church, and to inform him of the Votes now passed, the Lords Concurrence to be desired.

A Committee to draw the Ring's Concessions upon the whole Treaty.

A Message this day came from the Lords desiring that the Committee appointed to draw the King's Concessions upon the whole Treaty into Bills may meet, and that seven Lords may be added to that Committee, for the speedier dispatch of that Business: The House ordered that this Committee should meet accordingly de die in diem, for the speedy dispatch of the Business, and report the same to the House with all convenient speed.

The House likewise ordered that the rest of his Majesty's last Message not yet debated should be considered on Monday morning the first Business, and nothing to intervene.

From the head quarters of the Army at St. Albans nothing further of News, but that the General Council of Officers had adjourned until Thursday next.

November 11. 48.

Monday, November, 13.

The House of Commons this day debated his Majesty's four Propositions, or Desires, at the beginning of the Treaty, viz.

  • "1. That his Majesty come to London, and be put into a condition of Honour, Freedom and Safety.
  • "2. To have the Faith of his two Houses of Parliament for his Safety, and his Lands and Revenues to be restored to him.
  • "3. To have allowance for such part of his Revenues as he shall pass away.
  • "4. That an Act of Oblivion may be passed for a general Indempnity, with such Limitations as shall be agreed on by his Majesty and both Houses of Parliament.

A Committee ordered to draw up something for his Majesty's coming to London, &c.

The House upon Debate thereof referred it to a Committee to draw up something to present for his Majesty's coming to London and give Instructions for the Terms, his Majesty being already in Freedom, Honour, and Safety at the Treaty.

A Committee to consider of his Majesty's Revenues.

Ordered further, That it be referred to a Committee, to consider of his Majesty's Desires concerning his Revenues, they having already voted his Majesty 100000l. per annum, in lieu of the Court of Wards.

An Act of Oblivion order'd.

Lastly, that an Act of Oblivion, shall be presented to his Majesty to be passed, with such Limitations as shall be agreed on by both Houses of Parliament and accordingly a Committee was chosen to draw up a Bill for the said. Act to present to his Majesty.

The Lords concurred with the Commons, for the Lord Digby, Sir Marmaduke Longdale, the Earl of Derby, Sir Richard Greenhil, Judge Jenkins, and Sir Francis Dodrington, to be 5 of the 7 out of Mercy; and instead of the Earl of Newcastle, and Sir John Winter, they voted Sir George Ratcliffe, and the Lord Byron,

A Letter was read from his Excellency the Lord Fairfax, and ordered to be further debated to morrow, which is as followeth:

Ld. General's Letter concerning free Quarter.

Sir,
Having had a Meeting of divers Officers of the Army, I apprehend them general sad Resentment of the many Pressures now lying upon the Kingdom; in particular, that of free Quarter, whereby they and their Souldiers under their command, who have faithfully served their Generation, are even a burden to themselves, because they are so much to the poor Country, which is the more grievous to them, because they have generally paid their Assessments, and yet the Army not enabled to pay their quarters, or provide themselves Necessaries against the Injury of the approaching Season. I hoped e'er this we should have received some good fruit of your last being with us, the matters then agreed being of such publick Concernment, and so much requiring expedition. I desire you to improve your utmost endeavour for a quick dispatch in providing effectually for the Premises, to prevent those ill Consequences which other ways delay therein may produce: I request you to communicate this to the House; so hoping to hear speedily from you, I remain

Your very assured Friend,
Fairfax

St. Albans, Nov. 11. 1648.

From the North this day, and first from Major General Lambert's Quarters upon his march back out of Scotland, Nov. 9. thus:

Lambert's dismission from the Committee of Estates, &c.

We have received a dismission from the Committee of Estates, and are upon our march for England; yesterday Col. Twisleton's Regiment marched over Twede, and are towards Hexam on that side. This day the Major General and Col. Lilburn's march over also nearer Berwick, and march on that side. The Major General will be this night at Berwick; on Monday last he went to Edinburgh to take his leave, and the Committee of Estates gave him many expressions of thanks for his Service done to this Kingdom, which I believe will not end so, without some farther Token and Testimony thereof. At our coming out of Edinburgh, they gave us ten pieces of Ordinance from the Castle for a Farewel.

From near Pomfret, November 11. We were going on with the Siege, or blocking tip of Pomfret to admiration, considering our Wants, compared with the Season and discouragements from your parts: upon our approach in order to a close siege, the Enemy the last night quit the New-Hall which they had fortified, and set it on Fire; our Men suddenly quench'd it, it became a very advantageous place and quarter, in reference to a close Siege. We have possessed also a strong House near the old Church, so that there comes not out a Man: the case is altered with them, we go on apace with our Line, my Lord General and Col. Bright's Foot are upon Duty; also Col. Fairfax's and Col. Maleveryes in the Town, We sent a Summons as followeth:

Lieut. Gen. summons Pontefract.

Sir, Being come hither for the Reduction of this Place, I thought fit to summon yon to deliver your Garison to me, for the use of the Parliament: Those Gentlemen and Souldiers with you may have better terms than if you should hold it to extremity, I expect four answer this day, and rest

Your Servant,
O. Cromwel.

November 9. 1648.

The Governour of Pontefract-Castle gave this Answer.

The Governor's Answer questioning his Power.

Sir,
I Am confident you do not expect that I should pass my Answer before I be satisfied that the Summoner has power to perform my Conditions, which must be confirmed by Parliament: Besides, the, dispute betwixt yourself and Sir Henry Cholmley, Commander in chief by Commission of the Committee of the Militia of Yorkshire, who, as I am informed denies all Subordination to your Authority, when my Understanding is cleared in this concerning scruple, I shall endeavour to be as modest in my Reply, as I have read you in your Summons.

Sir,
Your Servant
,
John Morris.

Pontefract-Castle, November 9. 1648.

For Lieutenant General Cromwel.

The Souldiers desire a Summons; Cholmley's Horse will be disbanded; Cholmley's Horse are supplied.

The Souldiers called over the Walls, asking why they had not a Summons, by which we conceive the Governour did not let them know he had received one. Col. Cholmley's Horse will be disbanded by the Committee, we like well Col. Bethel's. Langdale is escaped out of Prison at Nottingham. Scarborough will not holdout long, the Men run so fast away. Col. Cholmley's Horse now discharged, are supplied by the Regiments of the Lieutenant General's, Col. Harrison's and the Dragoons.

Tuesday. November 14.

The Lords are for banishing the 3 Peers, which may begin at their House.

The Lords at a Conference this day, declared to the Commons that three of those which they voted to be banished are Peers of the House; yet to avoid differences they concur to those 3 to be banish'd; only the Ordinance, in respect of their Privileges, they desire may begin at their House: and to the other 4, their Lordships do concur; and their Lordships desired that the Ordinance may be speedily dispatched, because the Lords have given them but 14 days time to be gone, after the passing of the Ordinance.

His Majesty consents to the little Catechism, and that the Parliament dispose of great Offices for 20 years.

This day a Message came from his Majesty of further condescension upon the Treaty, viz. That he did consent to the little Catechism, with the addition of a Preface; and also that the Parliament dispose Officers for twenty years, as they desire.

This day came Letters from the Earl of Warwick, and a Declaration vindication of himself from the Scandal cast upon him concerning his Proceedings; which is as followeth.

The Earl of Warwick's Declaration.

"Having this day seen a Letter from London, dated the third of this infant November; importing, That there is a Pamphlet printed, intituled, A Declaration of the Earl of Warwick, shewing his Resolution to join with the Prince, if the Treaty take not effect; I thought my self bound to take notice of it, having so horrid a Reflection upon my Honour, and wickedly aspersing me with a supposed Resolution, so repugnant to the Trust which I hold under the Parliament; and therefore I do hereby declare, That as both Houses of Parliament have been pleased to intrust me with the Charge of the Fleet; so I have endeavoured to improve that Authority committed to me, with a faithful and inviolable respect unto my Duty.

"When I first undertook this great Charge, I was really sensible how much the Cause, Truth, and Glory of God, the settlement of my Country's Peace, and the preventing of the bloody and desperate Designs of the Enemies thereof, depended upon the management of this Expedtion; and how much I was obliged in Conscience and Honour to omit nothing that might have a tendency to those ends: That Obligation I have, according to my best Reason and Judgment, faithfully discharged, and by the Blessing of Heaven have received this fruit, notwithstanding the many Obstructions and Difficulties that intervened; that the Honour of the Parliament by Sea is cleared; the Fleet committed to my Charge preserved in a condition of Honour and Safety; the Affections of the Seamen settled; the Design of those wicked Revolters, that perfidiously betrayed so considerable a part of the Kingdoms Navy, broken, and such as associated with them either rendered or reduced, other than those few that for a while have basely sheltered themselves within the Sluce at Helver, and one that was out of his Harbour when I came into it. And as to the pretended Resolution of my joining with the Prince, in case the Treaty should not take effect, falsly charged upon me by that Pamphlet;

"I do profess in the presence of God, who knows my Heart and Ways, that it never entered into my thoughts, and that my Soul abhors it, as inconsistent with my Duty, prejudicial to the Parliament, destructive to the Kingdom's peace, and unworthy of a freeborn Englishman; being confident that the Parliament will omit nothing on their part to make the issue of the Treaty, by God's Blessing, successful and happy: and therefore, as I have hitherto been faithful to the Kingdom, and to the Parliament, where I have the Honour to fit as Peer; so I do and shall scorn to sacrifice my Conscience, and those publick and dear Concernments of my Country, wherein I have a Portion, to this misled Fancy of any Person, of what rank, quality, or condition soever: and while I have a heart and hand, I shall not fail, by God's assistance, to have them on all occasions listed up for the Service of the Parliament, and common Interest of England, with my uttermost Integrity, and to my highest hazard; and my Actions shall confute the Lies and Jealousies as well of that false Author, as of any other, who either from an Ignorance of my Proceedings, or perhaps from a sense of their own guilt, dare take the freedom in these times, wherein the Tongue and Press assume so luxurious a Latitude, so unjustly to bespatter my Honour and Intentions; to vindicate the sincerity whereof I shall commit my self to him that judgeth righteously.

Warwick.

Aboard the St. George in Helver sluce, November 11. 1648.

Wednesday, November 15.

Thanks given to Col. Rossiter for his Services to the Kingdom.

Col. Rossiter coming this day into the House, they ordered that the Thanks of the House should be given to him for his great Services to this Kingdom, and for all the hazard undergone, and Blood that hath been shed for them; and accordingly Mr. Speaker gave him the hearty thanks of the House.

According to former order the House fell upon debate of the Report of the Committee to whom the consideration of his Majesty's Propositions were referred. The House upon debate thereof past several Votes thereupon.

The House voted his Majesty's coming to London with freedom, &c.

  • 1. That concerning his Majesty's coming to London, it shall be with freedom, safety, and honour, so soon as the Concessions of the Treaty are concluded and agreed.
  • 2. That his Majesty shall have his Lands and Revenues, what is legally his, made good unto him, according to the Laws of the Kingdom.
  • 3. What his Majesty shall pass away of his legal Rights, his Majesty shall have allowance in compensation thereof.
  • 4. That an Act of oblivion be presented to his Majesty to be passed, with such Limitation as shall be agreed on by both Houses of Parliament.

These Votes were accordingly agreed upon by both Houses of Parliament, to be sent to his Majesty.

Lieut. General cannot go forward in the Seige of Pomfret nor Scarborough without Ammunition.

A Letter this day came from Lieutenant General Cromwel, acquainting them with the Condition of his Forces now laid down before Pontefract-Castle and that they cannot be able to carry on that work, or that of Scarborough, unless Ammunition be speedily sent down unto them.

A Committee order'd to supply them.

The House hereupon ordered that it should be referred unto the Committee of the Army, to consider of the several Particulars mentioned in the Lieutenant General's Letter, and to supply them with all convenient speed.

They likewise ordered that the Lieutenant of the Ordinance should be required to deliver out of the Stores remaining in his hands 250 Barrels of Powder, with Match and Bullet proportionable, for the better carrying on of the Work before Pontefract and Scarborough.

A Message this day came from the Lords, desiring the Concurrence of the House to the seven excepted Persons sent down unto them, in which their Lordships had left out the Earl of Newcastle and Sir John Winter.

The House spent much debate hereupon, and ordered that the House adhere to their former Vote for the Earl of Newcastle to be one of the exempted Persons.

They likewise adhered to their Vote for Sir John Winter to be excepted against.

Hague Letters speak of the Prince's recovery; The Seamen in the revolted ships mutiny.

From the Hague, Letters 13 November, they write, that Prince Charles is upon recovery. The Duke of York is gone with his Sister to her Palace near Harlem called Tyle; the Prince of Orange to a Castle he hath at Rhyne called Berln: the Council consisting of Prince Rupert, old Ruthen, Lord Cottington; Lord Culpepper, Sir Edward Hide, Lord Hopton, Sir Francis Dodrington, Secretary Lorey. These sitting close, produced the making of Prince Rupert Admiral, Lord Garret to be Vice Admiral: upon which Sir William Batten came away, and Capt. Jordan, Capt. Hammond, Sir Henry Palmer, Capt. Bargrave; and the Lord Willoughby stays only to get away his things, for the Seamen are in a high mutiny and keep away the Goods of most of the rest: some of the chief Seamen say, they will not fail under Rupert a Foreign Prince.

Sir Edward Hide and Lord Hopton, and the Council sit at Helver-Sluce. The Seamen desert them daily, which produceth Challenges every day. The chief that stay are very deboyst.

Few English left with the revolted Ships.

All the Ships with the Provisions are safely arrived with the Earl of Warwick. The Constant Warwick is come in to him: very few English left with the revolted Ships. The Prince talks of returning to the Queen his Mother for this Winter.

Thursday, November 16.

An Ordinance to be committed for banishing the 7 Persons.

The House having yesterday ordered that an Ordinance should be drawn for banishing the 7 Persons formerly named for that purpose; the said Ordinance being this day reported, was read the first and second time, and committed to a Committee chosen few that purpose.

Mr. Lee's scandalous Sermon at the Temple.

The House was informed that on the last Lords Day one Mr. Lee a Malignant did mike a scurrilous and scandalous Sermon in the Temple: the House ordered that it should be referred to the Committee of plundered Ministers to examine the matter of tact, and to report it with all speed.

They were likewise informed that the said Mr. Lee did preach there by the consent of the present Minister: the House likewise ordered that it should be referred to the said Committee, to examine the same.

Sir Ch. Kemish to pay 1200l. in part of Composition.

They likewise ordered that Sir Charles Kemish should pay in 1200l as part of his Composition Money, and that the Treasurers at Goldsmiths-Hall should be required and authorized to receive the same, not withstanding it is not the Moiety of his Composition.

To be discharged on sufficient Bail.

They likewise ordered that the said Sir Charles Kemish should be forthwith discharged of his former restraint upon good and sufficient Bail to be taken by the Serjeant at Arms attending at Arms attending the House of Commons.

Friday, November 17.

A Letter was this day read in the House from the Commissioners in the Isle of Wight, with some Papers inclosed therein concerning his Majesty's condescension as to publick Officers of State as to be nominated by Parliament for 20 years.

His Majesty's Answer concerning publick Officers voted satisfactory.

The House passed a Vote hereupon. That his Majesty's Answer concerning the Electing of publick Officers of the Kingdom is satisfactory.

The Amendments to the Ordinance for discharging of Free-Farm Rents due from the well affected, were reported and upon debate ordered to be recommitted.

The Lieut. Gen. and Major Gen. Civilities and Successes in Scotland.

A Letter this day came from the Committee of Estates of Scotland, attributing their deliverance and safety next under God, to Lieutenant General Cromwel and the Forces under his command, giving them hearty thanks, and a large Character of his great Civilities, as likewise of Major General Lambert, and all the Officers and Soldiers under their command. The House ordered that this Letter should be forthwith printed and published for better satisfaction: Take it as followeth.

For the Right Honourable the Lords and Commons assembled in the Parliament of England.

The Committee of Estates Letter to the House.

Right Honourable,
As we are sensible of the benefit and advantages offered to this Kingdom, against the Enemies to the Peace and Happiness of both Nations by the coming hither of your Forces wider the command of Lieutenant General Cromwel and Major General Lambert; so we hold it fitting, when the condition of our Affairs and Posture of our Forces have now permitted their return, to render them this deserved Testimony, and to acknowledge that the Deportment of the General Officers, Under Officers, and Soldiers in their coming into this Kingdom, during their abode amongst as, and in their return to England, hath been so fair and civil, and with so much tenderness to avoid all causes of Offence, and to preserve a right understanding betwixt the Kingdoms, that we trust by their carriage the Malignants and disaffected shall be much convinced and disappointed, and the Amity of both Kingdoms strengthened and confirmed, which we shall likewise on our part inviolably study to preserve, and witness that we are

Your very Affectionate Friends, and Humble Servants,
Louden Cant.

EDINBURGH, 7, November 1648.

Signed in the Name, and by Command of the Committee of Estates.

An Act committed for justifying all Proceedings of Parliament in the late War, &c.

An Act was this day read the first time for justifying all the Proceedings of the Parliament in the late War, and declaring all other Declarations and Proclamations and other Proceedings against them void, which was committed.

A Letter from Ld. Admiral that several revolted Ships, were joined to him.

A Letter this day came from the Lord of Warwick intimating, That several of the revolted Ships, besides what you had before, were come into him, as the Satisfaction, Reservation, the Love, the Hind, and others; and that many of the rest were in a sad condition. The House hereupon ordered that a Letter of Thanks should be sent to the Lord Admiral for his great Services herein, and gave 50l. to the Messenger that brought this News.

Saturday, November 18.

A Bill debated about the Army and Militia.

This day, according to former Order, the House debated the business of the Army, and for settling and paying the Militia of the Kingdom, which was read the first time.

A Bill concerning Edw. 3d. his Acts of Treason.

A Bill was also the first time read for explanation and preventing future Interpretations of the Statute of 25 of Edward the 3d. Chap. 20. and all other Acts of Treason, and or the 11 of Henry 7. Chap. 18. concerning the Subjects aiding the King in his War, for the better settlement and securing the Kingdoms Peace, and Subjects Lives and Estates.

An Act to vacate all Honours without consent of both Houses.

Another Act was read the first time concerning Peers made and to be made, and making void all Honours conferred on Persons without the consent of both Houses.

Another Act was likewise read the first time for the due Observation of the Lord's-Day.

The House ordered, that the Officers of the Stores of the Tower should be required to deliver out the two great Cannon of 7 with their Utensils, to be sent down to Pontefract and Scarborough, for the better carrying on of the Sieges before the said Places.

7 Days added to the Treaty.

The House likewise ordered that a further Addition of time of 7 days should be given to this Treaty with his Majesty, and that the Treaty do not end until this day being Saturday come sevennight.

The General Officers have agreed on a Remonstrance.

From St. Albans of the 18th, they write that the General Officers of the Army upon their several meetings at the Head Quarters have agreed upon a large Remonstrance to the Parliament, which is to be presented on Monday by a Committee of chief Officers: It is too large to give you the Heads in this Place. Lieutenant General Cromwel is not yet come to the Head-Quarters.

Monday, November 20.

4000l. voted for the Forces in Carlisle, &c.

The Commons this day voted 4000l., for the pay of the Forces in Carlisle, Northumberland and Cumberland, being no part of the Establishment, and appointed a Committee to consider how this Money may be raised.

The Army's Remonstrance presented by Col. Ewers, &c.

This day was presented to the House of Commons, not to the Lords, the large Remonstrance of the Army by Col. Ewers, Lieut. Col. Kelsey, Lieut. Col. Axwell, Lieut. Col. Cooke, Capt. Pritty, Capt. Canon, Capt. Morris, with a Letter from the General, which Was as followeth.

The General's Letter to the Speaker.

Mr. Speaker,
The General Council of Officers at their late Meeting here, have unanimously agreed on a Remonstrance to he, presented to you, which is herewith sent by the hands of Col. Ewers and other Officers; and in regard it concerns matters of highest and present importance to your self to us and the whole Kingdom, I do at the desire of the Officers, and in the behalf of them and my self, humbly and earnestly intreat, that it may have a present reading, and the things propounded may be timely considered; and that no failing in Circumstance or Expressions may prejudice either the Reason or justice of what is tendred, or their intentions, of whose good Affections and Constancy therein you have had so long experience. I remain

Your most Humble Servant,
Tho. Fairfax.

For the Honourable William Lenthall, Esq; Speaker of the House of Commons.

Some chief Heads of the Remonstrance, after the Preambulary Part, which is to shew the Messages of the King and Parliament severally, also in all Treaties between them, especially in that they are now in, with Reasons therefore and Objections answered, from whence these Consequences are drawn.

"1. That they conceive the Parliament hath abundant cause to lay aside any further Proceeding in this Treaty, and to return to their Votes of Nonaddresses, and settle with or against the King, that he may come no more to Government; and this, first by rejecting those Demands of the King for himself and Party, especially concerning his Restitution and coming to London with Freedom; and that they proceed against the King in way of Justice, for evils done by him, and in order thereto, to have him kept in safe custody. 2. To lay aside that bargaining Proposition with Delinquents, which will present the thing done by contract with the King, and not in a judicial way, and by that Power, that no Delinquents be partially dealt with, protected nor pardonable by other Power only, moderated upon submission; and among these Offenders they offer,

That the Prince and Duke of York be incapable of Government; That Justice be done against Capital Causers of the War; That a period be put to this Parliament; That frequent Parliaments be secured; Equal distribution of Elections; None engaged against the Parliament to be capable of electing, &c; The Representatives to have the supreme Power in altering; Liberty of entring Dissents in the Representative; No King to be admitted but by Election, disclaiming the Negative Voice.

"(1.) That the King be brought to Justice as the capital cause of all. (2.) That a timely and peremptory day be set for the Prince of Wales, and Duke of York, to come in and render; if not, they be declared incapable of Government, or any right in England, and stand exiled for ever as Traytors; and if they render themselves by the time, then the Prince to be proceeded against or remitted as he shall give satisfaction, and the Duke the like, and that the Revenue of the Crown be sequestred. Also the 10000l. to be added, be disposed to publick use. (3.) That publick Justice may be done upon some capital Causers or Actors in the War. (4.) That the rest upon submission may have mercy for their lives. (5.) That the Soldiers have their Arrears, publick Debts paid, chiefly to those who voluntarily laid out their Estates, and ventured their Lives, and this to be done by Fines of Delinquents, and the Estates of those excluded from Pardon. After publick Justice thus done, then that a reasonable certain period be put to this Parliament. There want a hundred good Laws, as many to be repealed, as many to be explained, must not that be first done? and at this period It may be agreed that there be a certain succession of future Parliaments Annual or Biennial, with secure Provision, (1.) For the certainty of meeting. (2.) For equal distribution of Elections, to render the Commons House an equal Representative. (3.) For certainty of the Peoples meeting, and that none who have engaged in the late War, or shall engage against the right of Parliament and Kingdom, or adhere to the Enemies thereof be capable of electing or being elected, during some Years, nor those who shall not join with, but oppose this Settlement. (4.) For clearing the Power of this Representative, it be declared to have the supream power, as to the governing and preservation of the whole, as to the People of England, and to altering, repealing, or abolishing of Laws, the making War or Peace, the highest or final Judgment in all civil things; and all Ministers or Officers of State shall be accountable to them, bound and concluded thereby, provided, 1st, They may not censure or question any man after the end of this Parliament for any thing said or done in reference to the late War. 2dly, They may not render up, give or take away any Right; Liberty or Safety contained in this Settlement or Agreement. (5.) That there be Liberty of entring Dissents in the said Representative: in case of Corruption in these highest Trusts, the People may know who are free, and who guilty, that so they may not trust such for the future, but with further Penalty to any for their future Judgment there. That no King be hereafter admitted, but upon Election of, and as upon Trust from the People by such their Representative, not without first disclaiming and disavowing all Pretence to a Negative Voice against the determination of the said Representative or Commons in Parliament, and that to be done in such Form more clear than heretofore in the Coronation Oath.

Matters of a general Settlement to be established by a general Contract of the People.

"These matters of a general Settlement are propounded to be done by this Parliament, and to be further established by a general Contract or Agreement of the People with Subscriptions thereunto; also that it be provided that none be capable of benefit by this Agreement, who shall not consent and subscribe thereunto, nor any King be admitted to the Crown, or other Person to any other Office or Place of Publick Trust, without express accord and subscription to the same. These things they press as good for this and other Kingdoms, and hope it will not be taken ill because from an Army, and so Servants, when their Masters are Servants and Trustees for the Kingdom.

The Commons had the General Letter and the Remonstrance read, which took up some Hours time, the Debates thereupon were very high, at last it was ordered to be further considered of on Monday next.

Tuesday, November 21.

Additional Proposition for the Union between England and Scotland.

The Commons passed an additional Proposition to be sent to the King, wherein they desire his Majesty may pass an Act, That he will pass such Bills as shall by both Houses be presented unto him for strengthning the Union between the Kingdoms of England and Scotland, with approbation of those and those only who in Scotland were not in the late Engagement.

Ld. Byron excepted instead of Sir J. Winter.

The Commons at a Conference acquainted the Lords, that as to the two to be excepted for life, (the Lord Byron and Sir George Ratliffe being put in by their Lordships, instead of the Lord of Newcastle and Sir John Winter) they adhere to the Lord of Newcastle as one that hath done much mischief, being the cause not only of the raising the Army in the Association, but also of calling in the Scots; and in case he return, a Man most like to do mischief, being the most popular of all that have adhered to the King: For the Lord Byron, they put him instead of Sir John Winter, To all which the Lords agreed.

2000l. for Col. Rossiter.

The Lords concurred for 2000l. for Col. Rossiter, and that all the Forces lately raised in Lincolnshire be disbanded, except the Colonel's own Troop.

Judge Rolls sworn Chief Justice of the Kings-Bench.

This day Judge Rolls was sworn Lord Chief Justice of the King's Bench, and Serjeant Wild Lord Chief Baron of the Chequer; also the new Serjeants, whose Names we gave you formerly, were sworn.

His Majesty will not pass any thing against Ormond till the Treaty be ended.

This day came Letters to the House from the Isle of Wight, That his Majesty refuseth to pass any thing against the Marquiss of Ormond till the Treaty be wholly ended, and likewise adheres to his former Resolution concerning Bishops and their Lands to be leased only for 99 Years, and not to be sold. His Majesty's Paper or ultimate Answer concerning Ormond, we will give you verbatim, with the Commissioners Reply, and that concerning Bishops you shall have also.

Newport, 16 November 1648.

His Majesty's Answer to the Commissioners Paper concerning Ireland,

His Majesty's Answer concerning Ireland.

Charles R.
"For an Answer to you, as to your Paper of the 11 instant concerning Ireland, his Majesty faith, That he hath by his former Answer concerning the Kingdom of Ireland, which his two Houses have voted satisfactory, declared and made void all Treaties and Conclusions of Peace on any Articles thereupon with the Rebels without consent of both Houses of Parliament, and to settle in them the Power of the Militia and Prosecution of the War there, whereby upon the Conclusion of the Treaty with Peace, the desires of his two Houses in that particular will be fully obtained, and his Majesty will then Command the Marquiss of Ormond to desist from any Treaty or Proceedings; and in cafe he shall refuse, which he assures himself he will not, his Majesty will make such publick Declaration against his Power and Proceedings as is now desired; but until such a Conclusion, his Majesty desires he may not be further pressed in this particular.

The Commissioners Reply.

The Commissioners Reply to his Majesty's Answer.

"Having received your Majesty's Answer of the 16 instant to our Paper of the 11, wherein your Majesty inferreth, that upon the conclusion of the Treaty with Peace, the desire of your two Houses in this particular will be fully obtained: We humbly conceive the Houses desire your Majesty's publick Declaration against any power in the Lord of Ormond to treat and conclude a Peace with the Rebels in Ireland, and against his Proceedings for the present disavowing and discountenancing thereof; and that your Majesty's Answer relates only to the future, and will be interpreted to be in the mean time a countenancing and approving of those Proceedings, which we humbly desire your Majesty to take into serious consideration, with such other reasons as we have offered in debate, and humbly desire your Majesty to give your full consent to our desires exprest in our Paper of the n instant.

Wednesday, November 22.

The House approved the Gen. listing no more Forces.

The House of Commons approved of his Excellency's listing no more Forces, and for disbanding Supernumeraries.

5000l. out of Delinquents Compositions for the Soldiers before Colchester.

An Ordinance was read, authorizing the Committee of Essex to raise 5000l. out of the Compositions of the Delinquents of that County, for making good the Gratuity promised by them to the Soldiery before Colchester, which was assented unto.

The rest of the Report was ordered to be considered on Friday Morning next, and nothing to intervene.

Col. Birch ordered to be High Stewart of Leominiter.

The House was informed, that the Place of High Steward of Leominster in the County of Hereford was forfeited by the Delinquency of Sir Walter Pye: And Col. Birch (a Member of the House) desiring the same may be conferred on him, the House ordered the same accordingly, and further that he should have power to enjoy the same, and receive all the Fees, Profits and Advantages of that place in as full and ample manner as the said Sir Walter Pye formerly did or ought to do to all intents and purposes.

From the Hague Letters this day say that the Prince's Ships drop away, six being come in, and the Mariners still in discontent for want of Money. The Prince was much incensed at Sir Robert Welsh for striking the Lord Culpepper, but since a Challenge hath passed betwixt Prince Rupert and Culpepper.

Thursday, November 13.

This day came Letters to the House from the Commissioners with his Majesty, and his Majesty's ultimate Answer concerning Bishops and Bishops Lands as followed, with the Commissioners Answer.

Newport, November 18. 1648.

His Majesty's Answer to the Commissioners Paper about the Church.

His Majesty's Answer about the Church.

Charles R.
"In Answer to your Paper of the 17th Instant, whereby you have acquainted his Majesty with the Votes and Resolutions of both Houses of November 15. instant, and thereupon desired his full assent to the several pans of the Proposition mentioned in those Votes, according to your former desires contained in your Paper of the 25th of September concerning the Church:

"His Majesty faith, that he hath well weighed and examined his Concessions to that Proposition, and is very sorry to find, that notwithstanding all his care and endeavours to give his Houses satisfaction metioned in four Answers already given in to you upon that Subject, by which he hath contented to whatsoever he dare with a good Conscience grant, yet his Answers are still returned back unsatisfactory. But his Majesty upon perusal of your former Papers, finds that the main dissatisfaction of his two Houses rests in the matter concerning the abolition of Bishops, Sale of their Lands, and his Majesty's intention to use a form of Divine Service in his Chappels. As to these particular his Majesty doth again clearly profess, that be cannot with a good Conscience consent to the total. Abolition of the Function and Power of Bishops, nor to the intire and absolute Alienation of their Lands, as is desired, because he is yet perswaded in his Judgment that the former is of Apostolical Institution, and that to take away the latter is Sacrilege; neither can his Majesty communicate in a publick Form of Divine Service, and administration of the Sacrament, where it is wholly uncertain what the Minister will offer to God; and therefore he cannot recede from his former Answer in any of those particulars. And if his two Hollies shall seriously consider how that his Majesty by his former Answer hath totally suspended Episcopal Government for three years, and after the said time, limited the same in the Power of Ordination and Jurisdiction, and that the primitive Office of a Bishop only is by him endeavoured to be preserved, and that the Bishops Lands are heavily charged with Leases for 99 years, and the Deans and Chapters, and other their Dependants taken away; his Majesty is confident, his two Houses cannot think it reasonable in a matter of this nature to offer any violence to the Conscience of their Soveraign, nor to suffer these differences which rest in so narrow 3 Compass, to hinder the settlement of so blessed a Peace in this Kingdom. And if his two Houses shall not think fit to recede from the strictness of their demands in these Particulars, his Majesty can with more comfort cast himself upon his Saviour's goodness to support him, and defend him from all Afflictions, how great soever, that may befal him, than for any politick Confederation, which may seem to be a means to restore him, deprive himself of the inward Tranquillity of a quiet Mind. Wherefore as to these Particulars before-mentioned, as also concerning the Articles of Religion, and what else remains in difference upon this Proposition, his Majesty adheres to his former Answers, and hopes that his two Houses upon a review and further consideration of his Reasons, will therewith rest fully satisfied.

The Commissioners Reply.

Newport, November 20. 1648.

The Commissioners Reply to his Majesty's Answer.

"Having persued your Majesty's Paper of the 18th instant, given in as an Answer to ours of the 17th which contained the Votes and Resolutions of both Houses upon some of your Majesty's Answers to our desires, expressed in a Paper of the 15th of September concerning the Church, We do humbly say, That the Houses of Parliament did, as formerly, return those Answers back as unsatisfactory, because there were no Concessions of the thing desired, which they had in their Judgments concluded to be so necessary for the good of the whole Kingdom, both Church and State, wherein they would not force your Majesty's Conscience, but desire it may be informed, that so yours agreeing with theirs, who are your Great Council, there might be a Compliance throughout, and a Concurrence in these and all other things, for healing Breaches, composing Differences, and settling a blessed Peace within your Dominions; And therefore we in pursuance of their Directions have made bold to press your Majesty so often both in our Papers and Debates, and must still persist.

"As for the Particulars insisted upon, first for the Abolition of Episcopacy, we take leave to say, It is not the Apostolical Bishop, which the Bill desired of your Majesty intends to remove, but that Episcopacy which was formerly established by Law in this Kingdom, grown up to a height of outward Pomp and Greatness, and found by experience to be a Grievance to the Subject, a hindrance of Piety, an encroachment upon the Power of the Civil Magistrate, and so a burden to the Persons, Pursues, and Consciences of Men. Whereupon the Parliament finding It to be for the honour of your Majesty and profit of the Subject to take it away, desire this Bill for that purpose not medling with the Apostolical Bishop, nor determining what that Bishop is whom the Apostles mention in Scripture, but only to put him down by a Law who was set up by a Law. Nothing can be more proper for Parliaments, than to alter, repeal, or make Laws, as experience teacheth to be for the good of the Commonwealth: But, admitting the Apostolical Bishops were within the purport of this Bill, we humbly conceive, it doth not follow, that therefore in Conscience it must not be passed; for we may not grant, that no Occasion can make that alterable, which is found to have sure foundation only in the practice of the Apostles, not in a Precept: We suppose that some things have been altered, which the Apostles practised. That Circumstances many times change the nature of mortal Actions: That for the attaining of a great Good, or the avoidance of a great Evil, that which singly considered were not fit to be done, perhaps a fault if it were, may become a Duty, and a Man be bound in Conscience to do it: And if ever Circumstances could have a more powerful and considerable operation than in this particular, we humbly leave to your Majesty's Consideration. But this is laid only by the way, and admitting of argument sake, not granting the ground upon which your Majesty is pleased to go in the refusing to pass this Bill.

That Bishopricks being dissolved, their Lands revert to the Crown.

"2. For the Sale of Bishops Lands, which your Majesty apprehends to be Sacrilege, we humbly offer that Bishopricks being dissolved, their Lands, as of all Corpurations, naturally by the Law of our Land revert to the Crown, which is their Founder and Patron, and heretofore held it no Sacrilege to dispose of Bishops Lands to its own and others use by Act of Parliament, which was an ordinary practice in your Majesty's Predecessors Kings and Queens of this Nation: besides, we might say, that in all ages, and even under the Cerimonical Law, imminent and urgent necessity, especially by publick, hath dispensed with the otherwise imploying of consecrated things.

"Then whereas your Majesty is pleased to say, you cannot communicate in a publick Form of Divine Service, where it is uncertain what the Minister will offer to God; we humbly beseech you to be informed that the Directory which your Majesty hath granted to establish for three years doth set down the matter of the Prayer which the Minister is to observe, only Words and Expressions, and Enlargements upon the Subject are left to his Discretion, for the exercise of his Gifts so as the substance of what he is to say, will be manifested to your Majesty. Yet give us leave to add further it can be no Objection against joining with a Minister in prayer, not to know be forehand the very words that he will say; for then one must not hear any Prayer, before Sermon, where every several Minister hath a several Form, and must vary still according to occasion.

"Upon the whole matter we hope your Majesty, after a more serious consideration, will easily discern the just Cause which the two Houses of Parliament have to remain, as they do, unsatisfied, seeing your suspension of Episcopal Government for three years doth not meet with their Fears, not can prevent the Inconveniences which must necessarily follow upon the return of Bishops, and the Power which you reserve unto them after the time. For first, a Bishop so qualified as your Majesty expresseth shall rise again then, is wholly in your Majesty's Choice, and unavoidable by the Parliament, with whom if you will not agree before, depends meerly upon your Majesty's Will, no other Government can be set up; and than this Episcopacy returns, and that with so great Power, that the Bishop may choose if any Minister at all shall, be made in the Church of England, and those that shall to beat his Devotion, he having the negative Voice in Ordination, which we humbly conceive the Scripture holds not forth to have been in that Bishop, who is there mentioned in those Writings of the Apostle, and consequently that which your Majesty endeavours to preserve not to be the primitive Office of a Bishop.

"Then the Lands which your Majesty allegeth to be so heavily charged with Leases of 99 years; we humbly say, there is a Rent which you are pleased to reserve to him, and the Reversion after those years elapsed, so as the Proprietor and Propriety still continues as before, and will be apprehended to be but a door left open for the same Greatness and Pomp, with the Consequence thereof, to be readmitted upon the first opportunity; which being, it will be impossible to free Mens Minds from fears, and the Distempers which those Fears will occasion; besides, it cannot be expected the Prisbyterian Government should be complied with, and exercised with either Profit or Comfort to the Church in general, or to particular Persons, either the Governors or the Governed ever had, seeing it is to be so short liv'd, and most Men so apt to resist Government, who will thereby be so emboldned against this. So as it is much to be doubted, that what your Majesty hath done, supposing it will quiet the present Distractions, and give way for calmer Debates afterwards, may rather be a means of further and greater Troubles, and put us at a larger distance from a Composure of the Business of the Church for the time to come, than we are now. And there fore we hope your Majesty will pardon our pressing in this manner, and not I think it unreasonable that the Houses of Parliament do so insist upon these particulars which to them appear of so great Consequence. The intention is not, as was said before, to offer violence to your Majesty's Conscience, but that you would please to rectify it, by being better informed, that both your self and People may have Cause of rejoycing upon these grounds and many more too long to be here inserted. We again humbly beseech your Majesty to review our former Papers, call to mind those Reasons and Arguments which in debate have been used upon this Subject, and such other as your own Wisdom upon the recollection of your Thoughts will suggest to you; and then all considered that you will be pleased to give your Royal Consent to the particulars above specified, according to our desire expressed in our Paper of the 15th of September.

Friday, November 24.

A Letter this day came from the Lord Admiral, setting forth the Condition of the Fleet under his command, and the revolted Ships, desiring that Moneys may be speedily raised for the payment of the Arrears of such Mariners as came in from the revolted Ships.

The House hereupon ordered that the Committee of the Navy should treat with the present Commissioners of the Customs for the Loan of 20000l. for the pay of the said Mariners that came in from the revolted Ships, and for other affairs of the Navy.

They likewise ordered that the Committee of the Navy should take care for the providing Moneys for the making provision for 4000 Mariners to be imployed in the Summers Guard.

The House was informed that the Earl of Arundel was come from beyond Sea to make his Composition: The House ordered that he should be admitted to his Composition, and that the Sum of 6000l. should be a sufficient fine to pay for the same, and likewise that his 25th part should be included he having received some losses by the Parliament's Forces, and that an Ordinance be brought in to that purpose.

Earl of Arundel's Fine paid to the Mariners.

They further ordered that this Sum of 6000l. as the Earl of Arundel's Fine, should be paid to the Committee of the Navy towards the pay of the Mariners, that are to come in from the Lord Admiral, and for other charges in relation to the other affairs of the Navy.

Four revolted Ships joined with the Lord Admiral.

Letters came further from the Navy with the Earl of Warwick in confirmation of his Proceedings in reducing the revolted Ships, and that there are come in to him the Constant Warwick carrying 32 Guns, the Love 38 Guns, the Hind 18 Guns, the Satisfaction 28 Guns, a Ship laden with Sugars, a Ketch, and other small Vessels.

Prince Charles is well again, and at the Hague; the Duke of York at the Brill, and not well; Master Crafts, Master of the Princes Horse, gave the Lord Admiral a Visit; he came lately from France, and says things look there with an English face, simpathizing with the Troubles in England.

Saturday, November 25.

W. Bolds Esq; made Sheriff of Anglesey.

The House this day considered of the Sheriff of Anglesey, and ordered William Bolds Esq; should be Sheriff for the said County, the Lords Concurrence to be desired therein.

The House this day according to former Order considered of the rest of the Report from the Committee of the Army, and thereupon voted, That the Garison of Ashby de la-Zouch should be made untenable.

They likewise voted the Castle of Bullingbrook should be likewise slighted and made untenable.

The House of Lords this day returned Answer that they agreed to the Fine of 6000l. set upon the Earl of Arundel.

A Petition of one Maurice against the arbitrary Proceedings of the Lords.

A Petition was this day read in the House of Commons in the name of Maurice, alias Pointz, complaining of the arbitrary proceedings of the House of Lords against the Petitioners concerning an Estate of three thousand pounds per annum referred to a Committee.

The House voted likewise that the Tower Regiment late under the command of Col. Rainsborough should be forthwith disbanded.

They likewise voted that the 140 Men for Southampton and Upnor-Castle should be forthwith disbanded and paid off.

The Business of the Army is to be considered of further on Monday next.

The Treaty almost ended, His Majesty refusing to condescend as to the Church. A strict Guard attends his Majesty at Newport.

From the Isle of Wight came Letters; That the Treaty is upon the matter ended, His Majesty having given his ultimate Answer, that he will not further condescend in the business of the Church, Bishops, Bishops Lands, and Ireland, than is granted in his last Papers, which you have before. The Commissioners however stay 'till Monday, when the Treaty ends, expecting a further Answer. A strict Guard attends his Majesty at Newport. The Head Quarters of the Army, are removed to Windsor, and there abide some days. The General Council of the Army sate very close all this day.

November 25. 1648.

Monday, November 27.

A Letter from Col. Hammond.

This day the House of Commons received a Letter from Col Hammond Governour of the Isle of Wight, brought by Major General Cromwel, and one inclosed from the General, requiring him to attend his Excellency at the Head Quarters, and that Col. Ewers was appointed to take the command of his Majesty in the Isle of Wight.

Voted that Col. Hammond stay in the Isle of Wight.

The Commons had debate hereupon, and voted that Col. Hammond should be required to stay in the Isle of Wight, and attend his charge there till further order, and that his Excellency should be acquainted with this Vote.

That the Ld. Admiral send same Ships to the Isle of Wight.

They likewise voted to send a Letter to the Lord Admiral to require him to send some Ships for the Isle of Wight with Orders that they obey the command of Col. Hammond.

They who came from the Isle of Wight yesterday, say his Majesty persisted all Saturday in his Resolution of non-condescension as to Bishops; and it's confidently believed he will not be persuaded to alter his Resolution.

Remonstrance, with several Letters and Petitions.

Letters from the Head Quarters this day mentioned; That the Officers have had serious Counsels, and yesterday spent wholly in Prayer how to effect what they, desire in the Remonstrance: They are unanimous and resolute in hasting what possible to bring Delinquents to punishment, and settle the Kingdom in Peace, with what necessary Laws are wanting for benefit and ease of the subject. At the end of this Meeting Yesterday came Letters or Petitions to the General from the Forces in Wales and the North, earnestly beseeching the General to expedite the aforesaid work, that this poor Kingdom may be at ease.

Col. Ewers has the custody of his Majesty, &c.

A Messenger came last night to Windsor from the Isle of Wight who brought word that Col. Ewers had the custody of his Majesty, and that Col. Hammond was on his way to Windsor.

The Commons this day had debate whether the several new made Serjeants should send a Ring to his Majesty, as hath been the custom; but that was put off to another time The Army's Declaration was this day by order to be considered of, but put off to Friday that being three days after the Termination of the Treaty; and so it being known what his Majesty will do, they may the better give Answer to the Army.

The Committee of the Army raise 4000l. for securing Plymouth.

The Commons had debate upon a Report from Derby-House of the danger of Plymouth Garison for want of Monies. The Commons referred it. to the Committee of the Army and the West, to consider how to raise four thousand Pounds for Col. Welden and he to go speedily thither; and that adjacent Hundreds pay to Plymouth, and none else to lie upon them.

From the Leaguer before Pontefract by Letters this day November 20, thus.

Scarborough still holds out; Lieut. Gen. goes to the South. &c. all the Regiments here have petitioned against the Treaty.

The last told you Scarborough was upon Terms, but since we understand there is no such thing; but this we are certain of, that it cannot hold out 'till Christmas. The Governour of the Castle of Pomfret is very importunate to have his Prisoners now in our custody at Hull, released for so many as he hath of ours: whereby we gather, that be wants a competent number of Men, and it is probable, for they come away from him by three in a Company and many of Quality make Friends to move for passes for their coming forth; they have made but one Salley with about 60 Musqueteers, and were beaten in: Our Line goes on apace. Col. Wastells Regiment is expected every Hour to take the Duty of my Lord General's Regiment of Foot. Major General Lambert came to us on Monday last; his three Regiments of Horse and two Troops of Dragoons are upon the edg of Yorkshire hitberwards; the Lieutenant General will go Southward after 14 days, and will take along with him the residue of the Army Forces that are here; many of the Regiments being already upon their March to you wards. All the Regiments here have petitioned my Lord General against the Treaty, for Justice, &c. and a Settlement of the Kingdom. They desired the Lieutenant General to recomend their Petitions to my Lord General which he hath done in the Letter following.

For his Excellency the Lord General Fairfax.

Lieut. Gen. Letter to the General.

My Lord,
I Find a very great sense in the Officers of the Regiments, of the Sufferings and the Ruin of this poor Kingdom, and in them all a very great zeal to have impartial, Justice done upon Offenders; and I must confess I do in all from my Heart concur with them, and I verily think an dam persuaded, they are things which God puts into our Hearts: I shall not need to offer any thing to your Excellency I know God teaches you, and that he hath manifested his Presence so to you, as that you will. give glory to him in the eyes of all the World. I held it my duty, having received these Petition and Letters; and being desired by the Framers thereof to present them to you the Good Lord work his Will upon your Heart, enabling you to it, and the Presence of Almighty God go along with you. Thus pray my Lord,

Your most Humble and Faithful Servant,
O. Cromwel.

KNOTTINGSLEY, Nov. 20. 1648.

Carlisle garison desires a Supply.

From Carlisle of the same date: This Garison neither with Men, Money nor Victuals, is as yet completed; there are but three hundred seventy nine Souldiers, excepting Officers; it's therefore desired Commissioners may. be given to those nominated to raise Companies for this Service: Col. Brigs his Horse and Foot are very Meanly armed, and most of his Troop's uncapable of service, in regard they are so ill mounted. Major Fenwick is already come up, in whom this Place is happy, Divers Malignants are fetcht in, who have been active and stirring in the last Engagement; Some of whom took this Tomn for the Scots. Many of those in Arms against us in the last design sly for Protection to Major General Ashton, which makes us jealous of some new Plot a hatching.

Tuesday November 28.

Committee of the Admiralty to try Capt Skinner, &c. as Pirates.

The House was this day informed that the Crescent Frigate, which hath a long time been a Pirate and Robber upon the Western Coasts, was taken by some men of War. They ordered that it should be referred to the Committee of the Admiralty to try Capt. Skinner and the rest of the Pirates in the Crescent Frigate, and that they be speedily brought to judgment, according to the Practice and Course of the Admiralty.

4 Northern Counties to have the Sequestration of old Delinquents.

They likewise voted, That the four Northern Counties should have the benefit of the Sequestrations of old Delinquents for their new Delinquencies, for disbanding their Supernumeraries, and satisfying of publick debts; and that those Compositions be returned into Goldsmiths Hall, to the end the House may receive information thereof.

The Committee of Lancashire, &c. to confer for paying 4000l. to the Lincolnshire Forces.

It was ordered to be referred to the Gentlemen of Lancashire and Cumberland, and the other four Northern Counties, to confer together and consider of giving satisfaction to the Gentlemen-of Lancashire touching the 4000l. to be paid to the Lincolnshire Forces, whether by giving them security to their satisfaction for the payment thereof or by present payment of the same.

Col. Temple to have 500l. from Ld. Lovelace.

A Letter from his Excellency was read, recommending Col. Temple to the consideration of the House. They ordered that the Committee of Goldsmiths-Hall should report how far the Lord Lovelace hath proceeded in his Composition, and that the Committee do sequester the said Lord's Estate again if he refuses to pay 500l. to the said Col. Temple as part of his Arrears.

Ld. Antrim going into the North.

From Dublin by Letters November 18. The Lord of Ormond is at Kilkenny, where he bestowed Honours as he did at Cork, when he landed: Among others Col Sterling is made a Knight; my Lord of Antrim is going with others into the North of Ireland in a Martial way. Col. Jones wants Provisions long expected from England, which bath been a great Prejudice to him sundry ways.

Wednesday, November 29.

The House gave thanks to their Ministers, Mr. Sedgwick and Mr. Cocken, for their Sermons; and ordered Mr. Brooks and Mr. Watson to preach the next Fast-day.

A Letter from Col. Hammond with a Copy of Orders for securing his Majesty.

A Letter this day came from Col. Hammond from Fawham-Castle with a copy of the Orders from the General Council of the Army, and their Letter to Co!. Ewers and others for securing his Majesty's Person in the Isle of Wight.

The House acquaint his Excellency with a dislike of the Orders for securing the King.

The House ordered that a Letter should be forthwith sent to his Excellency, to acquaint him that these Orders and Instructions from him to Col. Ewers, for securing his Majesty's Person in the Isle of Wight, are contrary to their Resolutions and Instruction given to Col. Hammond; and that it is the pleasure of the House, that his Excellency recal the said Orders, and that Col. Hammond be set at liberty to attend his charge in the Isle of Wight.

Thursday, November 30.

The House had much debate this day whether the Remonstrance of the Army should be taken into speedy consideration, and it was resolved in the Negative by near 90 Votes.

His Excellency must be forced to receive Money from the Collectors, &c.

A Letter from his Excellency was reported from the Committee of the Army, wherein his Excellency takes notice that they intend not to furnish him with any Monies for Contingencies, which of necessity must be had for pay of Messengers, and other daily and incident charges to the Army; and therefore his Excellency must be fore'd thereby to receive Monies for this purpose out of the, Collectors and Receivers hands, where he can find it, if speedy course be not taken to supply him.

The Arrears of the Army to be speedily paid.

The House ordered hereupon that it should be referred to the Committee of the Army to take such course as they shall think fit, for pay of the Arrears of the Army.

The rest of this day was spent in a grand Committee to consider of pay for the reduced Officers of the Kingdom.

A Declaration of a Council of War for further persecution of their Remonstrance, and the Army's Resolution to march up to London.

From the Head Quarters was certified, That upon a very full Council this day, a Declaration was agreed upon in further prosecution of the ends of their late Remonstrance, and also to declare the resolution of the Army to march up to London: The Declaration follows.

The Declaration of his Excellency the Lord General Fairfax and his General Council of Officers, shewing the grounds of the Army's advance towards the City of London.

Being full of sad Apprehensions concerning the danger and evil of the Treaty with the King, and of any accommodation with him, or restitution of him thereupon; We did by our late Remonstrance upon the reasons and grounds therein expressed make our application thereby unto the present House of Commons, that the dangerous evil of that way might be avoided, and the Peace of the Kingdom settled upon more righteous, safe and hopeful Grounds, viz. a more equal dispensing of Justice and Mercy in relation to things done or suffered in the late Wars, and the establishing of the future Government of this Kingdom upon a safe succession and equal constitution of Parliaments; and that for the ending of present, and avoiding of future differences, to be ratified by an Agreement and Subscription of the People thereunto.

A treacherous or corrupt neglect of publick Trust, to lay the Remonstrance aside; Their Convictions of the great Evils they declare against.

This course we took our of our tender care, and earnest desire that all ways of Extremity might be avoided, and that those matters of highest concernment to the publick Interest of this Nation might be pursued and provided for if possible by those, whose proper work and trust it was: And herein we are willing to hope, That the Persons so trusted, or the majority of them, might possibly have been either driven into that distructive way by forcible Impulsions, or lapsed thereinto through some inconsideration or misapprehensions and conceived Jealousies: And therefore we did carefully decline the insisting upon any thing that might continue or renew any former Jealousies or Anomoities, and keep only to such things as were of necessity or advantage to the common cause, and of common and equal concernment to those that have engaged in it, which things we pressed in the way of reason and pursuasion, only that they might be duly and timely considered. But to our grief we find, instead of any satisfaction, or reasonable answer thereunto, they are wholly rejected without any consideration of them, whatever Reason or Justice might be in the things set forth or propounded therein: For that less can be understood when the things propounded were mainly for the avoidance of evil appearing in the Treaty with the King? and yet they put off the consideration of them, till there should be no place for any consideration at all. First, laying it aside till Monday last, by which time the Treaty, as then supposed, would have been concluded; but that failing, and two days more being added to the Treaty, the consideration of our Remonstrance in the day appointed was waved and laid aside; the Treaty the mean while going on in the former. Way and Terms, and like to be concluded the very next day. Now tho' we are far from that presumption that the things should therefore he answered or considered, because propounded by us, save for the Reason, Justice or publick concernment therein, yet having no Answer or any thing shewed us to the contrary, we cannot bur, upon the grounds remonstrated, and many more which might be added, remain confident in our former apprehensions concerning them: And seeing the prevailing part of those to whom we did apply, have as it were their eyes wilfully shut, and ears stopt against any thing of Light or Reason offered to them, we find no place left for our former chatitable or hopeful Apprehensions concerning their Error in such evil ways, but remain fully assured of the danger and destructiveness thereof, as to all those publick ends for which they were intrusted, and also of the just advantage and necessity which lie in the thing we have propounded and insist on. We now fee nothing left to which their engaging and persisting in such ways, and rejection of their better things propounded, can rationally be attributed, less than a treacherous or corrupt neglect of, and apostacy from the publick Trust reposed in them; altho' we could wish from our Souls we might yet find the contrary, nevertheless we do not in these. things assume a standing power of Judgment as of right or trust to conclude others thereby, acknowledging that to lie most properly in those whom the People daily choose and trust to judge for them. But the consideration that such Power where it is committed but in trust, and that neither this nor any other People did ever give up their natural capacities of common sense or reason as to the ends or Fundamentals of that Trust; and that as to the breach of such Trust, there is no higher formal power of Man in being to appeal unto for judgment in, such case as all others concerned in such breaches of Trust will, so as we cannot but exercise that common Judgment, which in cur natural capacities is left to us: And tho' in smaller faluries of such Trust, which might be born without hazard of destruction to that Interest, and those People for which especially the Trust is, or where the Trustees were of an indifferent equal constitution in reference to the whole or where we had an orderly and open way left for a just succession of another formal and proper Judicature to be appealed unto in due time, we should not oppose or hold forth our private Judgments to the least disturbance of that orderly and peaceable course of Judgment so establsh'd, yet in our present case we are so fully convinc'd of the great ness and destructiveness of those evils we have declared against, and of the necessity and essentiality of those better things we have desired and propounded and how inconsistant it is with the publick Trust and fundamental Ends of it, still to pursue the one and reject the other, as that we date with confidence appeal therein to the common Judgments of indifferent and uncorrupted Men, and to the more righteous Judgment of God above all.

The Parliament's Incompetency to judg of their breach of Trust.

And as the Inompetency of this Parliament in its present Constitution to give an absolute and conclusive Judgment for the whole, especially to be the sole Judges of their own performance of breach of Trust; doth make the juster way for such an Appeal; so indeed we see no other way left for Remedy, in reguard the present unlimited continuance of this Parliament doth exclude the orderly Succession of any other more equal formal Judicature of Men, to which we might hope in due time other ways to appeal.

They appeal from this Parliament to the extraordinary Judgment of God for obtaining a more orderly Judicature, &c.

Thus when we apprehend our selves in the present case both necessitated to, and satisfied in an Appeal from this Parliament in the present Constitution as it stands, unto the extraordinary Judgment of God, and good People; and yet in the prosecution of this Appeal as we shall drive it on, but to the speedy obtaining of a more orderly and equal Judicature of Men in a just Representative, according to our Remonstrance, wherein to acquiesce to in the, present procuring of Justice with the Peoples ease and quiet, and in the settling of the Kingdom upon a due, safe, and hopeful Succession of Parliaments, it is our hearts desire, and shall be our endeavour, that so much both of the matter and form of the present Parliamentary Authority may be preserved, as can be safe, or will be useful to those ends, until a just and full Constitution thereof, both for matter and form, sutable to the publick ends it serves or, can be introduced.

They should rejoice if the majority of Commons were sensible of the evil of their late way, &c.

And therefore first, it should be our great rejoycing, if God saw it good that the Majority of the present House of Commons were become sensible of the evil and destructiveness of their late way, and would resolvedly and vigorously apply themselves to the speedy execution of Justice, with the righting and easing of the oppressed People, and to a just and safe settlement of the Kingdom upon such Foundations as have teen propounded by us and others for that purpose, and would for the speedier and surer Prosecution of these things, exclude from Communication in their Councils, all such corrupt and apostatized Members as have appeared hitherto, but to obstruct and hinder such matter of Justice Safety, and publick Interest, and to pervert their Councils a contrary way, and have therein so shamefully both falsified and forfeited their Trust.

That the honest Members would by Protestation acquit themselves, and withdraw from the rest.

But however, if God shall not see it good to vouchsafe that Mercy to then and the Kingdom, we shall Secondly desire, That so many of them as God hath kept upright, and shall touch with a just sense of those things, would by protestation acquit themselves from such breach of Trust, and approve their faithfulness, by withdrawing from those that persist in the guilt thereof, and would apply themselves to such a Posture whereby they may speedily prosecute those necessary and publick ends, without such Interruptions, depravations of their Councils from the rest to their endless Trouble, Oppression and Hazard of the Kingdom as formerly: And for so many of them, whose Hearts God shall Air up thus to do, we shall therein in their case of extremity, look upon them as Persons having materially the chief trust of the Kingdom remaining in them; and though not a formal standing Power to be continued in them, or drawn into ordinary Precedents, yet the best and must rightful that can be had, as the present state and exigence of Affairs now stand: And we shall accordingly own them, adhere to them, and be guided by them in their faithful Prosecution of that Trust, in order unto, and until the introducing of a more full and formal Power in a just Representative to be speedily endeavoured.

These Proceedings are not for their own advantage but the publick Interest; If they would answer their Remonstrance, they would lay down Arms, &c.

Now yet further, to takeaway all Jealousies in relation to ourselves, which might withhold any honest Members from this Courage; as we have the witness of God in out Hearts, that in these Proceedings we do not seek, but even resolve we will not take advantages to our selves, either in point of Profit or Power; and that if God did open unto us away, wherein with honesty and faithfulness to the publick Interest and good People engaged for us, we might presently be discharged, so as we might not in our present Imployments look on, and be accessary to, yea supporters of the Parliament in the present corrupt oppressive and destructive Proceedings, we should with rejoycing, and without more ado, embrace such a Discharge, rather than interpose in these things to our own vast trouble and hazard: So if we could but obtain a rational assurance for the effectual prosecution of these things, we shall give you any proportionable assurance on our parts, concerning our laying down of Arms, when, and as we should be required. But for the present as the Case stands, we apprehend our selves obliged in duty to God, this Kingdom and good Men therein, to improve our utmost abilities in all honest ways, for the avoiding of these great Evils we have remonstrated, and for prosecution of the good things we have propounded; and also that such Persons who were the Inviters of the late Invasion from Scotland, the Instigators and Encouragers of the late Insurrections within this Kingdom, and those forcible ways failing, have still persued the same wicked Designs by treacherous and corrupt Council, may be brought to publick Justice, according to their several Demerits. For all these ends we are now drawing up with the Army to London, there to follow Providence as God shall clear our way.

No absolute Condescension yet of his Majesty.

The Commissioners from the Treaty returned this day; no such thing as an absolute Condescension by his Majesty to sign the Propositions, but upon Terms: The Commissioners make their Report to the House to morrow.

Col. Cook's Narrative, containing certain Passages which happened at the Isle of Wight, about the King's being carried to Hurst-Castle.

November 29. 1648.

Col. Cook's Narrative of the King's being carry'd to Hurst-Castle.

'That Evening between the Hours of 7 and 8, the King sent for the Duke of Richmond the Earl of Lindsey, and Col Edward Cook, who were all three together at the Duke of Richmond's Lodgings at Newport in the Isle of Wight, with all speed to attend him, who accordingly hastned to the Court.

'The two Lords entring into the King's inner Room, whilst the Colonel waited in the outward for further Orders.

'The King acquainted the Lords, that one of his Servants had been sent for by a Person in a kind of disguise, who having inform'd him that the Army would that night seize upon the King's Person, abruptly left him.

'The Duke of Richmond acquainted the King that Col. Cook attended without, was commanded to call him in. The King asked him whether he had heard any thing that the Army deigned to seize upon him that night: He answered, not any thing so much as tending towards it; adding, surely if he had he would have acquainted the King with it. The King giving the Colonel the reason of his question, commanded him to find out Major Rolph, and enquire of him what he knew of it, who was then left as Deputy Governour by Col. Hammond, with Directions that on all occasions he should address to the King thorugh the said Col. Cook, as himself had usually done during the Treaty.

'Col. Cook having the King's Commands and opportunity, finding Major Rolph in his Chamber, acquainted him that the King sent him to enquire of him, whether the Army resolved to seize upon him that night: He answered, Not as he knew of; adding, You may assure the King from me, that he may rest quietly this night, for on my Life he shall have no distrubance this night. Col. Cook observing he plac'd so much Emphasis in those words, this night, though that was all he was commanded from the King to ask, urg'd him further, whether there really was any such Design at all: After a little pause, he answered, it was impossible for him to know the present Purposes of the Army at so great a distance, but that yet he had received no such orders. The Col. replied, But if you shall hereafter, shall I be sure so timely to be made acquainted with them, as that the King may not be surprized with the execution of them? To which request he seemingly consented, answering that was but a due respect to the King.

'Col Cook returning to the King, gave an account of all these Circumstances, who in the mean time having been informed that a considerable number of the Army were that night landed in the Island, commanded Col. Cook to Major Rolph to enquire the truth; who thus answered him, that he knew fresh Forces would e're long come over to relieve those that then past on Duty there, but that as yet he was not certain of their being landed. Which answer also Col. Cook repeated to the King, who in that short time of his Absence had received a further information that 2000 Foot were drawn up about Carisbrook-Castle, at which the King seemed to be most startled, saying, Sure there must needs be some extraordinary Design on foot, that such a body of men should not only be so privately landed, but also in such a bitter night as this is be exposed to such extremity of Weather, the wind blowing very high, and the rain falling very fast; the King expressing a great desire to be satisfied in the Truth of this, and doubting that he might not be clearly dealt with by Major Rolph. Col. Cook offered his Service to go and see, but the King, reflecting on the severity of the Weather, refused to expose him, yet owning it an important Particular to be rightly informed of; which the Colonel observing, importuned the King, if he could so long be dispensed with from his Majesty's Service there, that he would give him leave to go he knowing no other Expedient for the King's certain satisfaction; he also prest the Lords to intercede from him, and at last obtained leave from the King, his Majesty adding these gracious expressions, That he hoped he being young and healthy would receive no prejudice by it, and that he might live to requite it, repeating his desire to know the truth of it.

'The Colonel took leave, and having soon got himself and Horses ready, fortunately groped out his way through the dark, and found the Castle, which having carefully rounded, and finding no body without, went to the Gate, and having performed the usual Ceremonies, as giving the word to the Corporal, and sheltered himself under the Gate, sent his desires to the Governour one Capt Borman, a Gentleman of that Island, who commanded a Militia-Company there, to come to him; in the mean time discoursing with the Soldiers to try what he could get out of them, but found they were altogether ignorant, being a Company of the Islanders newly march'd in, the two Army-Companies formerly garisoned there being drawn down into the Town of Newport. After a longer stay than he expected, the Messenger return'd with an excuse that the Captain could not conveniently come out to him, but invited him in, who, when he came into the Parlor, was surpriz'd with the sight of about a dozen Officers of the Army, most of whose Faces he knew; and after mutal Salutations he addrest himself to the Governour, desiring to speak with him, who, he observed, first asked and obtained leave of those Officers: Wherefore asking him in private what he meant by that, the Governour plainly told him, he was no better than their Prisoner in his own Garison: For they had threatned him with immediate death, if he but so much as wispered with any of his own Servants. The Col. asked him whether he could imagine the Cause of all this; he answered, he suposed there was some considerable Design on soot, but he knew not what it was, adding, that he understood that the Captain that commanded the Troop of Horse in the Island, was in the same condition, and that his Lieutenant commanded in his place, but that he knew no other Cause for either, unless that they suspected that they had too much duty for the King which gave the Colonel the opportunity of asking the particular Question, Whether he knew any thing of the King's being to be seized upon that night; who answered, It was not improbable but that was the Design, though he knew nothing of it.

'Col. Cook having as much light as the Governour could give him, took leave, and hastned to give the King an exact account of all had past.

'But found at his return a great alteration at Court; Guards not only set round the King's Lodgings, and at every Window, but even within doors also; nay Sentinels on the King's very Chamber door, that the King was almost suffocated with the Smoke of the burning Match: Which hastened the Colonel to Major Ralph, to complain of the rudeness of the Soldiers, whom he found in his Bed, it being now near 12 a Clock. Having entred his Chamber against the will of his Servant, after his Apology he made his Complaint, and received this Answer, That he was no way guilty of it, that the two Companies being late drawn out of the Castle, could not that night have quarters provided for them, and therefore had ordered them to double the Guards, not foreseeing this would happen; but the next day he would redress all things himself, with all due respect to the King, and consult him in it, and that in the mean time he was confident on the Colonel's Complaint to the Captain of the Guard, he would draw off the Men from being offensive to the King, adding that if the Colonel found it needful, he might make use of his name to the Captain of the Guard, whom the Colonel taking in his return to the King, prevailed with him to draw off all those that were any annoyance to the King, to a more tolerable distance. At Col. Cook's return to the King, he made him repeat over all Passages that had happened that night, which when compared, and duly considered, the King, the Duke of Richmond, and the Earl of Lindsey (for the Earl of Southampton being indisposed, was before that time returned to his own Lodgings, and the Marquiss of Hartford had taken leave of the King, and left the Island that morning) all concluded the Army would suddenly seize upon the King's Person which being taken for granted on all hands, the next question was, in this desperate case what was to be done: The Lords urgued for the King's attempting an immediate escape: for he would better bring about a personal Treaty with the Parliament, which he so coveted, when out of the reach of the Army, than when within their Power; and this would certainly secure the safety of his Person, which else might be very much in danger. But before they could proceed to debate the manner of this escape, the King prevented it; thus urging against the Escape it self, urging the difficulty if not impossiblility of accomplishing it, and the consequence should he miscarry in the Attempt, his exasperating the Army, and the disheartning his Friends: Nay what if the Army should seize him, they must preserve him for their own sakes, for that no party could secure their own Interest without joining his with it.

'The Earl of Lindsey replied, Take heed Sir least you fall into such hands, as will not steer by such rules of Policy: Remember Hampton-Court, where your escape was your best security.

'The Duke of Richmond, adding, that yet he thought an escape feasible enough; and turning about to Col. Cook asked how he pass to and fro; who answered, he bad the Word: The Duke asked whether he could pass him too? who answered, he made no question but he could, at which the Duke took a Leaguer Clock, and made the Colonel go along with him through all the Guards, and so returned again to the King, acquainting him what he had done, and with what ease, and thence took the advantage again to perswade the King's attempt to escape.

'Who on a Sudden turning himself from the two Lords that were discoursing with him at the Window, to Col. Cook who stood drying himself by the Fire, said, Ned Cook what do you advise in this case? who humbly Answered, He suspected his own Judgment too much, to presume to offer any advice, considering the greatness of the danger, and the person concerned in it; that his Majesty had his Privy Counsellors with him, whom he humbly besought him to listen to, observing what they prest to, at which the Lords resum'd their former discourse of attempting an escape.

'But the King turning about again said, Ned, I command you to give me your advice.

'At which the Colonel beg'd leave, that after he had premised some particulars, he might ask his Majesty a question; who permitting him. Suppose, said he, I should not only tell your Majesty that the Army would very suddenly seize you, but by concurring Circumstances fully convince your Majesty it would be so; that I have the Word, Horses ready at hand, a Vessel attending me, and hourly expecting me; I am ready and desirous to attend you, and this dismal dark night, as if were suted for the purpose for that I can foresee no difficulty in the thing, which I suppose to be the true state of this Cause: The only question now is, what will your Majesty do?

'Who after a small pause pronounced this positive answer, they have promised me, and I have promised them, and I will not break first.

'The Duke of Richmond urging the Colonel to speak, he craved leave to urge that point with the King, who said, with all his heart: I presume, said the Colonel, your Majesty intends by those words, they and them, the Parliament; if so, the Scene is now changed, your present apprehension arising from the Army, who have already so far violated the Votes of Parliament, as to invade your Majesty's freedom and testify by changing the single Sentinel of State at your outward Door, into strong Guards on your Bed Chamber, which is in it self a Confinement, and the probable Forerunner of a speedy absolute Imprisonment.

'The King reply'd, However he would not break his Word, and bad him and the Earl of Lindsey good night, and that he would go take his rest as long as he could; which Sir, reply'd Col. Cook, I fear will not be long; the King answered, as please God.

'The King perceiving great uneasiness and disorder in the Colonel, said Ned, what troubles you? who reply'd, Sir, to consider the greatness of your Majesty's danger, and unwillingness to obviate it. The King reply'd, Ne'er let that trouble you, were it greater, I would not break my word to prevent it: Sir, said the Colonel, will your Majesty but respit the Resolution, and give me leave to step and call my Lord Southampton? What needs that, said the King are not those my two Friends? pointing to the Duke of Richmond and Earl of Lindsey: I tell you they are my two true Friends: Said the Colonel, be pleased then to consult them; said the King, I am resolved, go ye two to Bed, meaning the Earl of Lindsey and Col. Cook, for the Duke of Richmond was then in waiting, and if I have need of you I will send for you, whereupon both took leave.

'But the Duke of Richmond stept after Col. Cook, to consult him whether or no he had best put off his Clothes that night, who answered, he himself as wee as he was would nor, for not withstanding Maj. Rolphs promises he feared the King would soon be disturbed: The Duke asked whether he should let the King know what his opinion was, who answered with all his Heart, and that he would stay in hopes that might occasion some new Discourses of the Business; but the Duke soon returned, and told him, the King was resolved to go to Bed. It was then almost one a clock, and tho' Col. Cook went not to bed all Night, yet all things were carried with so great secrecy and quiet, that not the least noise was heard, nor the least cause of suspicion given.

'In the morning just at break of day the King hearing a great knocking at his Dressing-Room Door, sent the Duke of Richmond to ask what k meant who enquiring who was there, was answered, one Mildmay one of those Servants the Parliament had put to the King, and Brother of Sir Henry; The Duke demanded what he would have and was answered there was some Gentlemen from the Army very desirous to speak with the King; which account the Duke gave the King: But the knocking encreasing, the King commanded the Duke to let them into the Dressing-Room, but before the King could get out of his Bed, those Officers rushed into his Chamber, and abruptly told the King they had orders to remove him: From whom, find the King; they replyed from the Army: The King asked whither he was to be removed; they answered to the Castle: The King asked what Castle; again they answered the Castle: The Castle, said the King, is no Castle; he told them he was well enough prepared for any Castle, and required them to name the Castle: After a short whisper together they said Hurst-Castle; the King replied they could not name a worse, and called for the Duke of Richmond to send for the Earl of Lindsey and Col. Cook: At first they scrupled at the Earl of Lindseys coming; but the King saying why not both since they both lie together? they promised to send for both, but sent for neither.

'And tho' the Duke of Richmond had ordered the King's Breakfast to be hastened, yet when he was scarce ready the Horses being come, they hurried him away, only permitting the Duke to attend him some two miles and then told him he must go no further; where he sadly took leave and kissed the King's Hand, whose last words were, Remember me to my Lord Lindsey and Col. Cook and command Col. Cook from me, not to forget the Passages of this Night.

'The Duke returned directly to the Earl of Lindseys Lodgings, on which it seems a Guard had been set in the Night, to keep him from the knowledg of what was doing, at least to confine him from stiring forth had he known it, and surprized both the Earl of Lindsey and Col. Cook with the account of the King's being carried away, with all its circumstances, delivering the King's concluding Demands to Col. Cook.

'Wherefore whilst all Passages were ripe in their Memories, Col. Cook by the Assistance, and with the approbation of the Duke of Richmond and Earl of Lindsey, drew up this Narrative.