Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.

November, 1648.

[1.] Order for the Commissioners of the Great Seal to pass a Patent of the place in the Tower formerly given to M^r Nichols, one of the eleven Members, to hold for his life.

Vote that his Majesties Message concerning Ire∣land was un-satisfactory. The like concerning rai∣sing of Monies to pay publick debts.

Order, that the two Catechisms be sent to the Commissioners to be presented to his Majesty.

Letters from Doncaster, that forty Horse sal∣lied out of Pomfret towards Doncaster, where they killed the Centinel, then three of them rode on to Doncaster, and asked for Colonel Rainsboroughs Quarters, and came to his Chamber, there called to him and said, they had a Letter from Lieutenant General Cromwel.

That the Colonel rose, and opened his door to them, (expecting such a Letter that morning) and presently the three Pomfret Souldiers fell up∣on him, shot him into the Neck, and another shot him into the Heart, with other Wounds, and left him dead, escaping away without any alarm given.

[2.] Message from the Lords for adding four∣teen days more to the Treaty with his Majesty.

Vote that the Kings answer touching the Court of Wards was satisfactory. And that one hundred thousand pounds per annum should be setled on the King, and his Heirs, in lieu of the Revenue of that Count, provided it be not alienated from the Crown.

Several Messages from the Lords in furtherance of the Treaty.

Information of terrible designs on foot, to kill the Parliament men, and of suspicion that the Earl of Warwick would prove false to the Par∣liament.

[3.] A Petition of the Merchants Trading in∣to France, referred to the Committee of the Navy to examine, and report the grievances complain∣ed of by them.

Upon a Message from the King, Ordered that Dr. Ʋsher, Bambridge, Prideaux, Warner, Fern, and Morley, have leave to go to his Majesty for information of his Conscience.

The Commons concurred with the Lords to add fourteen daies more for the Treaty with his Majesty. And ordered a Committee to pro∣pound to the Common Council of London the loan of four thousand pounds more for the Treaty.

Referred to Lieutenant General Cromwel to take special care, and strict examination concer∣ning the Murther of Colonel Rainsborough.

Vote that his Majesties answer concerning his declaring against the conjunction of the Lord Ormonds Forces with the Rebels of Ireland, was un-satisfactory, his Majesty justifying the Lord Or∣mond in that bloody act.

[4.] Vote of both Houses, that any three of the Commissioners with his Majesty, one Lord and two Commoners, might continue upon the business of the Treaty, and the rest to return if they pleased to London.

Debate about guarding of the Parliament, be∣ing in great danger by reason of the Malignant party flocking up to London, upon some design

at the breach of the Treaty, and most of them armed with Daggers, and Pistols in their Pockets.

A Committee appointed to confer with the Common Council of London, concerning the Se∣curity of the Parliament and Kingdom, and to report with speed.

[5.] The Streets were full of Bonefires, this being the Gunpowder Treason day.

[6.] The Commons concurred with the Lords, that the number of the persons to be excepted from pardon should be seven, and Voted three of those seven to be, the Lord Digby, the Earl of New∣castle, and Sir Marmaduke Langdale.

Letters from the Gentlemen of the four Nor∣thern Counties, that upon Conference with Lieu∣tenant General Cromwel, it was held necessary to have twelve hundred Foot in Berwick, and six hundred Foot in Carlisle, and two Regiments of Horse, six hundred in a Regiment to suppress any insurrection, and the Moss-troupers.

They desire in regard of the great sufferings of those Counties, that these Forces may be main∣tained at the general charge of the Kingdom, these being frontier Garrisons, and those Coun∣ties will be willing to pay their proportions.

With these Letters came a Petition,

Complaining of the want of bread in those Counties, that many Gentlemen of quality and their Families had no other drink but Water, of imprisoning their persons, dispeopling their Towns, destroying their Corn and Goods, kil∣ling their Neighbors and Country-men, driving away their Cattle, compelling all betwixt the Age of sixty and sixteen to bear Arms against the Parliament.

Of bringing in to this Kingdom a foreign Na∣tion, and delivering into the Scots hands the two considerable places of Berwick and Carlisle; that many of the actors in that horrid design, are returned to their homes to plot new Treasons.

They press for justice against those Delin∣quents, and a Commission of Oyer and Terminer to be sent down for trial of them.

The House past no Vote upon this letter and Petition.

Letters from St. Albans of a day appointed for the meeting of the Officers of the Army, and that the cry of free-quarter was so great in the ears of the Souldiers, that it was to be feared it would occasion some distemper among them.

By this Petition, and by these Letters you may take notice of the miserable effects of Civil War, and of the condition of even the victors, to be continued full of fears and dangers to them∣selves.

A Complaint came against the ill management of the Siege before Pontefract by Sir Henry Cholmely; and Lieutenant General Cromwel was come thither.

[7.] Orders touching the winter guard of Ships.

Vote That Sir Richard Greenvile, Judge Jen∣kins, Sir Francis Doddington, Sir John Winter should be the rest of the seven Persons excepted from Pardon.

Letters that Major General Lambert with three Regiments of Horse was still in Scotland, and that the well affected there could not act securely without them; that they quarter upon the con∣trary Party.

Letters from the Hague, that the Prince was there sick of the small Pox, and that his Seamen were much discontented; that the Lord Willough∣by and Sir William Batten had left him.

[8.] Upon Letters from Colonel Welden Go∣vernor of Plymouth, Orders for pay for that Gar∣rison.

The consideration of the Garrisons of Ber∣wick and Carlisle referred to the Committee of Derby-House, and orders for Money for disband∣ing supernumerary Forces.

Vote that no more than seven Persons should be excepted from Pardon.

An Ordinance past both Houses for pay of their Guards.

Several Lords and Commons came from the Treaty, the Earl of Northumberland. M^r Pier∣repoint, and M^r Holles staid behind; divers also of the Kings people came away.

His Majesty made a further condescention touching the Church, but did stick at the word, [Bishop] yet was content he should be in the condition only of a Primer Presbyter, and was not willing Bishops lands should be sold.

Letters from Ireland of the desperate condi∣tion of that Kingdom, and the distress of Dub∣lin, by the Lord Ormonds joyning with the Re∣bels.

Letters from St. Albans, that the general Coun∣cil of the Army met, and the Officers expressed a great sence of the odium cast upon the Army (as they suspect) by design to hinder their pay, that they might be forced to take free-quarter.

[9.] Upon jealousie of a design to surprise the Tower, order that the Committee of the Tower, do advise with the Lord Mayor concerning the security thereof, and have power to remove and appoint what Guards they please there.

Order for an Ordinance to authorize the several Committees in the Counties to receive security of all the Delinquents in the respective Counties, who have not compounded, not to go above five Miles from their dwellings, not to act any thing prejudicial to the Parliament, and such as shall refuse this, to be secured by the Committees.

The Commissioners returned from the Isle of Wight, made report to the House of all their transactions in the Treaty, and of the Kings last Concessions touching the Church.

That he doth not intend to make any more new Bi∣shops during three years, nor that after the three years, the power of Ordination should be practised in the old manner, but with consent, that Bishops shall not receive any into Holy Orders, without the consent of a limited number of Presbyters to be chosen in such manner as shall be agreed by his Majesty and the two Houses.

That his Majesty purposed, after the agreement, and within the three years, to have a consultation with the Assembly of Divines (twenty being added of his Majesties nomination) for the settlement of the Church Government.

That his Majesty will not insist upon any provisi∣on, for continuance of the Book of Common Prayer in his Majesties Chappel, for himself and his Hous∣hold, but declares that he intends to use some other set form of Divine Service.

That he consents to Acts to be passed for a further course and more strict, to prevent the saying and hear∣ing of Mass, in the Court or elsewhere.

That in what he hath not consented, he is not real∣ly satisfied in conscience, and hopes, his two Houses will not put further pressures of so tender a nature upon him.

The Commissioners had the thanks of the House for their good service in the Treaty, and a day set to debate upon his Majesties final answer.

Orders for relief of the maimed Souldiers, and for disbanding of Supernumerary Forces.

[10.] Ordinance for repaying mony ad∣vanced for the Treaty.

Order for mony for payment of the Horse-guards of the Parliament.

Vote that the Lords Goring, Capel, Lough∣borough, the Earl of Holland, Major General Laugherne, and Sir John Owen, shall be banished out of the Kingdom.

[11.] Vote that his Majesties answer, to the discipline of the Church, and as to the continuing of Bishops, is unsatisfactory.

The like concerning his laying aside the Common Frayer, for himself and his own family.

The like concerning his mentioning to have some other form of Prayer, in his own Chappel.

The like concerning his consent to Bills, to pre∣vent the saying and hearing of Masse, all unsatis∣factory.

Order that the Commissioners do press his Majesty further for his final answer to the business of the Church, and inform him of these Votes, and the Lords concurrence herein to be desired.

Order of both Houses, that the Committee ap∣pointed to draw the Kings concessions upon the whole Treaty into Bills, do meet for speedy dis∣patch of that business.

[13.] Vote upon his Majestie's propositions.

1. That a Committee named do draw up some∣thing for his Majesties coming to London, and present it to the House; and instructions for the terms, his Majesty being already in freedom, honour, and safety at the Treaty.

2. That it be referred to a Committee to con∣sider of his Majestie's desires, concerning his reve∣nues.

3. 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,

The Lords concurred with the Commons con∣cerning the seven persons to be excepted from Pardon, only instead of the Earl of New-Castle, and Sir Jo. Winter, they voted Sir Geo. Ratcliffe, and the Lord Byron to be two of the seven.

Both House passed Instructions for the Com∣missioners of the Great Seal for the making of new Sergeants and the Judges, according to the former orders of the Houses.

Justice Rolles to bring in his former Patent, and to receive a new Commission under the Great Seal to be Lord Chief Justice of the Kings Bench.

Mr. Brown to have seniority of Sergeant Jer∣myn, Brown having been a Commissioner of the great Seale, and the rest that were Commissioners of the Great Seal having had priority to plead within the Barr, to be Seniors, and Sir Thomas Bedingfield, Mr. Recorder, &c. in order.

Letters from the General, that having had a meeting of the Officers of the Army, he appre∣hends their general sad resentment of the many pres∣sures upon the Kingdom, particularly that of free-quarter, whereby they and the Souldiers (who have faithfully served the Parliament) are even a burden to themselves, because they are so much to the poor Country.

Complains of the great want of pay and necessaries for the Army, desires an effectual provision therein, to prevent those ill consequences, which otherwise de∣lay therein may produce.

Letters from the North.

That Lambert and his men received a dismission from the Committee of Estates, and were upon their March for England; and they gave him ma∣ny expressions of thanks for his good service done to that Kingdom.

Lieutenant General Cromwell sent a summons to the Governour of Pontefract Castle to render it to the use of the Parliament, and the Governour de∣sired to be satisfied, that he had power to perform the conditions.

The first Sergeants approved before the Com∣missioners of the Great Seal in the Queens Court, but they did not call them in, until the House of Commons had passed the order for the precedency of M^r Brown before Sir Thomas Bedingfield and M^r Recorder; at which most of them did grumble.

[14.] The account of Colonel Gould stated and allowed, and four thousand four hundred and forty three pound ordered to him, and an Ordi∣nance for it transmitted to the Lords.

Ten thousand pound inserted into an Ordi∣nance formerly past, for five thousand pound for the guards of the Horse of the Parliament.

Debate about taking off free-quarter, and dis∣banding Supernumeraries, and a question for ad∣ding three thousand pound to the Establishment of the Army, in regard of the Garrisons of Berwick and Carlisle, past in the Negative, which discon∣tented the Army, and was therefore thought by some to be put on the rather.

The Lords concurred in the banishment of the four persons voted by the Commons, but in re∣gard that three of them are Peers of the House, they desired that the Ordinance for it, might be∣gin in their House.

A Message from his Majesty, that he did consent to the little Catechism, with the addition of a pre∣face; and also that the Parliament dispose of all great Offices for twenty years as they desire.

Letters from the Earl of Warwick, and a De∣claration, in vindication of himself, and the scan∣dal cast upon him by a false Pamphlet, and lying report, that he resolved to joyn with the Prince in case the Treaty took not effect.

[15.] Colonel Rossiter had the thanks of the House for his good services.

Vote that his Majestie's coming to London shall be with honour, freedom, and Safety, so soon as the con∣cessions of the Treaty shall be agreed upon.

2. That he shall have his Lands and revenues made good to him, according to the Laws.

3. What he shall pass away of his legal right, he shall have allowance in compensation thereof.

4. That an Act of Oblivion shall be presented to his Majesty, &c.

Both Houses agreed to these Votes, and to send them to his Majesty.

Upon Letters from Lieutenant General Crom∣well of the wants of his Forces, referred to the Committee of the Army, to consider of the par∣ticulars, and to supply them.

Order for two hundred and fifty Barrels of powder, with match and bullet proportionable, for the Forces before Pontefract, and Scar∣brough.

The Commons adhered to their vote to except the Earl of New-Castle, and Sir Jo. Winter from pardon.

Letters from the Hague, that Prince Charles was upon recovery; that Prince Rupert was made Ad∣miral, and the Lord Gerrard Vice-Admiral; that some of the revolted Ships were come in to the Earl of Warwick, and those Sea-men that conti∣nued with the Prince were disorderly.

The Commissioners of the great Seal went into the Kings Bench, where they sat in the middle, the Judges on each side of them; And there they did swear the Lord Chief Justice of that Court, Judge Rolles: and Sir Tho. Widdrington made a very learned speech to him. From the Kings Bench they went to the Exchequer, and sat in the Court,

the Barons on each hand of them; and a great Company both of Lawyers and others thronging round about the Court, there they did swear Ser∣jeant Wilde to be chief Baron, and Whitelock made the speech to him which because it clears some mistakes concerning the antiquity of that Court, was thought fit to be here inserted.

M^r Serjeant Wilde,

THE Lords and Commons in Parliament taking notice of the great inconve∣nience in the Course of Justice, for want of the antient and usual number of Judges in each of the high Courts at Westminster, whereby is oc∣casioned delay, and both Suitors and others are the less satisfied; and being desirous and care∣ful that Justice may be Administred more Majo∣rum, and equal right done to all men, accor∣ding to the custom of England; they have re∣solved to fill up the Benches with persons of approved fidelity and affection to the publick; and of piety, Learning, and integrity; and having found by long experience among them∣selves that you, Mr. Serjeant Wilde, are a person thus qualified, and very well deserving from the Common-wealth, they have thought fit to place you in one of the highest Seats of Judicature, and have Ordained you to be Lord Chief Baron of this Court.

The freedom of this choice, without seek∣ing, or other means for promotion, this pub∣lick consent for your preferment cannot but bring much satisfaction to your own conscience, and encouragement to your endeavours, against all burdens, and difficulties which attend so great and weighty and Imployment.

Custom, and the due Solemnity of this work, and the honour of that Authority by which we meet, requires something to be said upon this occasion, and the Commands of my Lords have cast it upon me; for which reasons though I ac∣knowledge my unfitness to speak upon this sub∣ject, yet I presume upon a fair and favourable interpretation.

I shall borrow a little part of your time in speaking of the antiquity of this Court, and of your Office in it, and of the dignity and duty of your place.

For the Antiquity of this Court my Lord Coke in his Fifth Report and 9 Edward. 4. fol. 53. and other Books affirm that the four Courts in Westminster-Hall are of great antiquity, and that no man can tell, which of them is most an∣tient. But if you Credit Lambert in his Archeion, fol. 28. this Court was erected here by William the Conqueror, after the pattern of his Exchequer in Normandy; and for proof hereof he cites Gervasius Tilburicusis; but under correction, I find in this Author a doubt made by himself, whether this Court were not in the time of the English Kings? and if so, it was before W. 1. time. Lambert saith in the same place, that this Court is of great Antiquity, and the orders and customs of it not to be disobeyed; Gervase of Tilbury asserts the great Antiquity, and Customs of it; and if you reckon the antiquity, and customs (as we must) from the time of his Book which was dedi∣cated to Henry the Second, and the Author ac∣kowledgeth that he had conference, with the Bishop of Winchester, who was son to the Conque∣ror's sister, this Court must be before the Conquest, or it will hardly deserve the words great antiquity, and Customs, when Gervase of Tilbury did write, be∣ing so near the Conquest; Lambert who citeth him, also observes, that the Exchequer in Normandy was the Soveraign Court for administration of Justice, and that it differeth not a little from the Ex∣chequer here; the less reason under his favour to have been a pattern for it, I find in rot. Nor∣manniae 2 Johan. a Writ Baronibus de Scaccario in Normannia, and the word Baron being Saxon, not likely to be brought out of France hither, and in France this kind of Court in all the Par∣liaments is called La Chambre des finances, as may be seen in Pasquier recherches, and Haillan, and so it is called in Normandy at this day: the al∣teration being made there by Lewis the 12. and if we credit him that derives the word Scaccarium from the Saxon words Schats for treasure, and Zecherie an Office; the word is more likely to be fetched out of England into Normandy, than the contrary.

My Lord Coke in his preface to the Third Re∣port, citeth Will. de Rovill his Comment upon the Grand Customier of Normandy, and it is in the beginning of it that those Customs were taken out of the Laws of England about the time of Edward the Confessor, who he saith was harum legum lator: And with this agree Seldens Duello, fol. 22. Cambden, the Book de anti∣quis Britanniae legibus, and others, who also hold that before the Conquest we had Escheats, tenures, reliefes, and Sheriffs in England, the principal bu∣siness of this Court.

The Register (the antient Book of our Law) hath divers Writs that were in use before the time of W. 1. and many of the most antient of them are directed The saurario, & Baronibus de Scaccario, and the Mirror of Justices (which my Lord Coke saith in his preface to the Tenth Report, was for the most part written before the Conquest) speaks of this Court, and of the deux Chivalier qui so∣lient estre appellez Barons: in this Book, and in the Register, and in the black Book here, where there is mention of the Exchequer, is also mention of the Barons, the principal Judges of the Court.

But with this matter I have troubled you too long, what hath been said upon it was to clear a mistake touching the Antiquity of this Court, and for the honour of our Law, and of this Court, and of your Office in it, being so antient as can scarce be parallell'd in any other Nation.

With the Antiquity of your Office there hath always gone along great dignity and honour.

Sir Roger Owen in his manuscript discourseth plentifully on this subject, and cites Prudentius, who calleth Judges, the great lights of the Sphere; and Symmachus, who stiles them the better part of man∣kind. Indeed in all Nations and times, great re∣verence and respect hath been deservedly given to them: we find the Judges often named Lords, and Barons in our Books of Law, and Records; as 14 Henry 4. fol. 6. recites, that it was deter∣mined for Law in temps Monseigneur Robert Thorpe, and in the Stat. 21. R. 2. cap. 12. men∣tion is of my Lord Wi. Rickel, who was a puisne Judge of the Common-Pleas; the like is in many other places of our Year-Books and Records.

When magna Charta was made, it seems that the Barons of the Exchequer, and the Kings Justices were held for sufficient Peers of Barons. On this occasion we may observe (amongst many others) in the Lieger-Book of the Abbey of Peterburgh, two notable Records of fines levyed, the one 29 Henry 2. before divers Bishops, and Ranulpho de Glanvill Justiciario domini Regis, & Richardo Thesaurar. & W. Maldunt Camerar. and divers others, & coram aliis Baronibus ibi tum praesentibus. And another 6 R. 1. before the Archbishop of Canterbury, and other Bishops,

& aliis Baronibus, as Justices of the Common-Pleas. Hoveden, P. 702. noteth of the great Chancellor in R. 1. 's time who was Custos Regni in the Kings absence, nihil operari voluit in regi∣mine regni, nisi per voluntatem & consensum so∣ciorum suorum assignatorum, & per consilium Ba∣ronum scaccarii. In these, and many the like places the word Baron cannot signifie that meaning wherein it was sometimes taken, of the Saxon Idiom for a free-holder, as Barones London, the Freemen of London, Barones quinque portuum, the Freemen of the Cinque Ports, and Court Baron the free-Suitors Court; but it must be taken in the places before cited, for the name of Dignity and Title in this Kingdom, which hath been so an∣tient, and was, and is of so great honour and esteem amongst us.

You see what Dignity and Honours, and de∣servedly, the custom of this Nation affords un∣to their Judges, Aristotle in his Politicks, tells us that the Magistrate is set above the People, but it is for the People's sake. A reverence to the person of the Judge procures a reverence to the Law pronounced by him: but I shall hasten to speak a few words of the duty belonging to your Office, as you are the Chief Judge of this Court, and in your Circuits, and other publick imploy∣ments in the Common-wealth.

For the duty of a Judge there cannot be a bet∣ter direction than that Council which Iethro gave to Moses for the appointing of Judges, That they should be men of Courage, and men of truth, fearing God, and hating Covetousness.

For Courage I remember in a speech upon the like occasion with this, of a Judge (whose memory I have particular cause to honour) That the life of a Judge is Militia quaedam, if not Martyrium quoddam, in both which Courage is requisite, against the assaults of Friends, of family, of servants, and the many im∣portunities and temptations which he shall meet withal; and a Martyr he must be in bearing the provocations, censures, scandals, and reproaches which will be cast upon every Judge, one Party being always displeased, and not sparing, especially, in these times to censure the Judgment, be it never so upright. He must want no Courage to resist even the highest, and greatest Powers. The Stat. 2 E. 3. cap. 8. saith, it is accorded, and established, that it shall not be commanded by the great Seal, nor the little Seal to disturb or delay Common right; and though such Commandment do come, the Justices shall not therefore leave to do right in any point: and to exe∣cute this Law requireth Courage.

Pursuant to this is the Statute 14 E. 3. c. 14. and the Parliament Roll, 45 E. 3. n. 44. and 2 R. 2. n. 51. and all these are only declaratory of the Common Law, as is evident before any of these Statutes, by the close Roll, 7 E. 2. M. 15. where in a Writ to the Chief Justice of the Common-Pleas the King commandeth, quod pro∣pter aliquae Mandata vobis sub magno, aut pri∣vato Sigillo, they should not forbear to do right, Justitiam nemini denegando, nec ctiam deferendo: and in our Books 1 E. 3. fol. 26. and 2 E. 3. fol. 3. if the King command the Judges to do that which cannot be done by Law, they shall not do it. According to Magna Charta, nulli ne∣gabimus, nulli deferemus Justitiam, vel rectum; and this the words of your Oath enjoyn.

The old Law of Edward the Confessor in Lam∣bert, fol. 38. commands the Judges to be equal to all, nec quicquam formident, quin jus Commun•• audacter libereque dicant.

For this we have an excellent President in Matthew Paris, fol. 971. 41 H. 3. who relates that nobiles firmius confaederati constituerunt sibi Justitiarium, virum ingenuum, militen•• illustrem, & legum terrae peritum, Hugonem Bigod, qui Of∣ficium Justitiarii strenue peragens nullatenus per∣mittat jus regni vacillare: this is good Example of a Chief Justice, and this jus regni is highly intrusted with every judge, and I doubt not but that your self who have this trust hitherto so well performed, and the rest whom the Parli∣ament shall preferr, will perform this great trust with Courage, against which fear is not ad∣mitted for an excuse, for so is the Petition of the Commons in the Parliament Roll, 1. H. 4. n. 47. That the Lords nor the Judges be not re∣ceived in time to come for their excuse to say, that they durst not do, or say the Law, or their in∣tent, for doubt of Death, because ils sont plus te∣mis de raison de garder leur serment, que de dou∣bter mort, ou aucune forfeiture, one word com∣prehends all upon this subject in the first of Deuteronomy, a Judge must not fear the face of man.

In the next place they are directed to be men of truth; for the finding out whereof there are many incidents requisite, as first Learning.

In the Parliament Rolls, 17 E. 3. the Com∣mons petition that none may be made Justices but men of Learning; and King Alfred took great care in appointing and examining his Judges that they should be Learned, as Asser Menevensis testifies; and Bracton saith of an unlearned Judge; ex alto corruit, quia volare satagit antequam pennas assumat. The Parliament have manifested their care for the choice of Learned persons to be Judges, witness your self Mr. Serjeant, and those reverend Brethren of yours, whom you will find upon the Benches, men able to understand, and convince the subtleties of any arguments ten∣ding to obscure the truth; and thus Judges ought to be qualified.

Industry is as requisite for the finding out of truth; the burden of our profession growes the heavier when we are the less able to bear it; a Judge is more conversant with his Books, and more spent with travail and attendance upon the affairs of others in his old Age, than was required of him when a young Student, Oportet Judicem cuncta rimari.

Patience is also necessary for the finding out of truth, when the Judgment is clouded with passion, the truth will not be clearly discerned: the digest directs a Judge not to give opprobriosa verba to any in Judgment, no impertinences, importunities, clamours, nor reproaches must move him; he is to learn from the unbeseeming∣ness and intemperances of others passions, the better how to govern his own.

He must also be patient in allowing sufficient time both for that which is not material, as for that which is; the distinction is not easy, but by the discretion, and ingenuity of Councel. 'The Law of Henry 1. in Lambert, 186. saith, ipsi co-agentes frequenter interrogandi sunt an amplius dicere velint, an inde judicari, quia multa per sur∣reptionem eveniunt, the words of our Judgments are significant to this purpose, and shew the patience of your predecessors, visis, plenius intellectis, maturà deliberatione habit••, consideratum est. This was of so high esteem among the Romans, that Cicero affirms, Sola Judicis justitia est patentia; and surely that Judge doth seldom determine justly, that doth not hear patiently.

Advice is very requisite for knowing the truth,

and it hath been the custom of the reverend Judges in doubtful Cases to have the opinion and advice of their Brethren, according to that di∣rection 1 E. 3. fol. 11. where one Judge tells his Companion, that he should not begin a new thing until he had heard his fellows. 7 H. 6. a Judge of the the Common-Pleas sent into the Hall to know the opinion of the Judges of the Kings Bench, and of the Barons of the Ex∣chequer in a Cause then before him. In the Raign of E. 2. and upwards, when any difficulty was, then all the Judges, and Sages of the Law deter∣mined it; and their Assembly and resolution was entred in the Roll. In the great Case of the Quare Impedit between the King and the Prior of Worcester, concerning an appropriation, the record saith, ad quem diem, &c. & examinatis, & intellectis Recordo, & Processu coram toto conci∣lio, tam Thesaurar. & Baronibus de Scaccar. quam Cancellar. ac etiam Justitiariis de utroque Banco, dicunt quod ad Domium Regem pertinet prae∣sentare. Ideo consideratum est, &c. with this agrees H. 3. 2 E. 1. coram Rege in fine rotuli. Co. Lit. 304, and several other anthorities, and in Cases of more difficulty it was usual to adjourn the matter into the Parliament.

Impartiality is likewise necessary, to have the truth prevail, that neither great men nor mean men may pervert it; nor to turn truth into falshood, or falshood into truth. In the de∣cret. of Erod. it is ordain'd, hoc Judex curare debet ut aequa conditione litigetur. The like in the Laws of our antient Kings, as in those of Ed∣gar to be found in Lambert, fol. 63. a. is com∣manded, publici juris beneficio quisque fruitor, eique ex bono (sive is dives, sive inops fuerit) jus redditor. And in that of Alured, in Lambert 20. juste judicato, inopique & adversario perinde atque diviti & amico sis aequus. Bracton hath it thus: ut causa viduae ad eos libere ingrediatur, ut sint Or∣phano & Pupillo adjutores. With these do agree frequent constitutions of H. 1. H. 3. E. 1. and other times.

As Judges ought to be men of truth, so they ought to be men fearing God; which is the next and highest duty of every Judge, the be∣ginning and the end of all wisdom; he that doth not fear God will be apt to fear men, and he that fears men will never give a Right Judgment. In the Laws of the Confessor which are in the Notes upon Eadmerus 4. 186. and in Lambert, 168. in the language of that time the words are, Enten∣tivement se purpensent cil qui les judgments ant a favre, que si judgment cum desirent quant ils di∣••nt, dimitte nobis debita nostra: and indeed Judges have greatest cause to fear God whose Judgments they pronounce, and before whom they must come in Judgment for those Judgments which they give here.

Hating Covetousness is the last part of this charge to Judges, where a Judge is not only for∣bidden to be Covetous, but commanded to hate Covetousness.

Covetousness imbraceth bribery, and bribery doth blind the Eyes of the wise, and pervert Judgment. How odious this was to the People of Rome, appears by the Oration of Piso in the Senate mentioned in Tacitus; and in our Na∣tion by the great examples of Justice upon the corrupt Judges, as in Edward 1. time when the Lord Chief Baron amongst others was ransomed at 30000ⁱⁿ which in our account at this day is 100000^l and the case of Thorpe, 14 E. 3. and too many others. He that is covetous makes too much hast to be rich, and the Wise man saith of him, he cannot be in∣nocent. The Poets feign that when Plutus is sent from Jupiter, he limps, and goes slowly, but when he is sent from Pluto, he runs, and is swift of Foot: the moral is, That goods ill gotten sent by Pluto, the Devil, come apace, but goods that are well gotten come in but slowly. The Ro∣man word for them at the best is Impedimenta, they are hinderances to the due Execution of Justice, and all other good actions. I shall commend the Counsel more than the practice of a great Judge of our profession, my Lord S^t Albans: Seek not proud riches, but such as thou mayst get justly, use soberly, distribute cheerfully, and leave contentedly. As Cicero relates of Rabirius Post∣humus, In studio rei amplificandae, apparebat non a∣varitiae praedam, sed instrumentum bonitati quaeri. This concerns all good men, and especially Judges, who should be the less intent upon their private interest, that they may the more intend the pub∣lick; according to that of Aristotle in his Pol. A Magistrate is the keeper, and disposer of the pub∣lick, and not of his own proper goods. Yet for the better incouragement, and support of the Judges, whose ordinary allowances are no more at this day than they were in Edw. 1.'s time, and then it was very liberal, it hath pleased the Parlia∣ment already to provide in Part, and I am confi∣dent they will do the like in General, That every Judge shall have a competent supply, and Salary, according to his great pains and quality.

What I might say concerning the course, and jurisdiction of this Court, will be better infor∣med to you by my Lords the reverend Judges your Associates, and by your own knowledge; what I have said concerning the duty of Judges is no more but what I have seen practised by them, and by your self, when I had the honour to plead before you. I have therefore said the less, and what I have said is but according to the old verse,

Qui monet ut facias quod jam facis, ille monendo Laudat, & hortatu comprobat acta suo.

In the present choice which it hath pleased the Parliament to make of Judges I doubt not but themselves will receive honour, the People satis∣faction, and the Judges Comfort, which I hear∣tily wish, and to you M^r Serjeant Wilde in par∣ticular

The Serjeant answered the speech according to Course, The Commissioners gave him his Oath, and Invested him in the place of Chief Ba∣ron.

[16.] Referred to the Committee of plun∣dered Ministers to Examine the preaching of a Scurrilous, and Scandalous Sermon in the Temple by M^r Lee, by consent of the present Minister there.

Order for twelve hundred pound to be paidby Sir Charles Kemish in part of his Composition, and he to be released upon bayle.

[17.] Upon Letters from the Commissioners in the Isle of Wight, and Papers of his Majesties condescention as to publick Officers of State to be nominated by Parliament for twenty years, the House voted his Majesties answer therein to be Satis∣factory.

Letters from the Committee of Estates of Scot∣land to the Parliament of England, that they are sensible of the benefit to that Kingdom, against the Enemies to both Nations, by the coming

thither of the Forces under Lieutenant General Cromwell and Major General Lambert, and ac∣knowledge that the deportment of the Officers and Souldiers hath been so fair and civil, that they trust by their carriage, the malignants will be much convinced and disappointed, and the amity of both Kingdoms strengthned and confirmed, which they shall on their Part likewise study to preserve.

Letters from the Earl of Warwick, that several others of the revolted Ships were come in to him, and that many of the rest were on sand, and the rest in a sad condition.

Order for a Letter of thanks to the Lord Admi∣ral, and fifty pound to the Messenger.

[18.] Debate of an Ordinance touching the Army, and the Settlement of Pay of the Militia of the Kingdom, and of an Ordinance for explain∣ing the Stat. 25 E. 3. c. 2. and all other Acts of Treason. And of the Statute 11 H. 7. c. 18. concerning subjects aiding the King in his Wars, and of an Act for making void all ho∣nours conferred on persons without the consent of both Houses. And of an Act for the due obser∣vation of the Lords day.

Order for two great Cannons to be sent down to the Forces before Pontefract and Scar∣borough.

The House required an account concerning the taking off of the Sequestration of Sir John Winters Estate.

Order for addition of seven days more time for the Treaty at the Isle of Wight.

Letters from St. Albans that the General Of∣ficers of the Army, upon their several meetings at the head quarters, had agreed upon a Large Remonstrance to be presented to the Parlia∣ment.

The new Serjeants appeared at the Chancery Bar, and Whitelock made the speech to them, to this Effect:

M^r Serjeant S^t John, and the rest of you Gentlemen, who have received Writs to be Serjeants at Law,

IT hath pleased the Parliament in comman∣ding these Writs to issue forth, to manifest their constant resolutions to continue and maintain the old setled form of Government, and Laws of the Kingdom, and to provide for the supply of the high Courts of Justice with the usual number of Judges, and to manifest their respects to our pro∣fession. And likewise to bestow a particular mark of favour upon you, as eminent Members of it, the good affections to the publick, and the abilities of most of you they know by experience among themselves, and of the rest, by good informa∣tion.

I acknowledge that the burthen of this busi∣ness lies heavy upon me in regard of my own weakness. And the worthiness of the Persons, to whom my words are directed, but as I am of the least ability to give, so you have the least need to receive Instructions.

I should be unwilling to see the solemnity of this general Call diminished, and am the rather perswaded to supply my present duty for several respects:

1. For the honour of that Authority, which commands your attendance, and my service up∣on this occasion.

2. For the honour of this Court, which chal∣lengeth a great share in this work, your Writs issuing from hence, your appearance here Re∣corded, and your Oath is here to be taken.

3. The honour and particular respects which I have of you that are called to this degree.

4. And lastly, out of my own affections to the degree, being my self the Son of a Sergeant, and having the honour to be one of your num∣ber in this Call, and I do acknowledge that both in my descent and fortune, I am a great debtor to the Law.

For these reasons, I presume (especially be∣ing with those from whom I have by long ac∣quaintance found much friendship) that I shall now receive a fair construction of what I speak upon this very great subject.

My observations shall be upon your Call by Writ, and upon the Writ it self.

Your being called by Writ, is a great argu∣ment of the antiquity of Sergeants. The Re∣gister hath many Writs (as my Lord Coke holds in his Preface to the 10. Rep.) that were in use before the Conquest, and in the most antient Manuscript Registers is your Writ, of the same form with those by which you are called; and if there had beeen any alteration within time of memory, it would probably have been extant.

We find Sergeants at Law often mentioned in our Year-Books, and in the Records in the Tower, as high as the beginning of E. 1. and by Bracton who wrote in H. 3. time.

And it may probably be conjectured, that William de Bussey was a Sergeant, by his habit of the Coif, and his Office.

Of whom Matthew Paris relates 42 H. 3. that he was Seneschallus, & Principalis Consilia∣rius Gulielmi de Valentia, and being accused for great crimes, upon his Tryal, when he could not acquit himself,

Voluit ligamenta suae Coifae solvere, ut palam monstraret tonsuram se habere clericalem, and so to have avoided judgment, but it would not serve his turn.

Thus far it is granted by a little Manuscript treatise, which endeavours to detract from the honour of this degree, and therefore requires an answer.

It asserts, that by Magna Charta (Communia placita non sequantur curiam nostram) the Court of Common-Pleas was crected; and that some of our profession, by Writ then framed, were commanded to attend that lower Court, the Lawyers being ge∣nerally unwilling to leave the Kings. House, where the other Courts of Justice then sate, and to attend this new Court elsewhere. It is reasonable well that they are allowed the antiquity of 9 H. 3. and by this as antient as the Common-Pleas Court, but the errour, that this Court was erect∣ed 9 H. 3. is sufficiently refuted.

The same great Charter is in Matthew Paris in King John's time with the words of Commu∣nia placita, &c. in it, but I presume his mean∣ing is, that before the Statute of Magna Charta, there was no Court of Common-Pleas, though his words be, before 9 H. 3.

It is manifest by undeniable Authorities, out of antient Manuscripts, and Rolls, and the black Book of Peterburgh, that Cases were ad∣judged in R. 1. and H. 2. time, coram Justi∣tiariis in Banco residentibus, and the names of those that were then Judges of this Court, are set down many years before Magna Charta was granted, which by Hoveden, Paris, and others, are said to be the Laws of Edward the Confessor.

And if itbe admitted, that Sergeants are

as ancient as these Laws, they allow them the Antiquity of the Confessor; and if as ancient as this Court, they are certainly as ancient as any thing in our Law.

But the Author of this Treatise affirmeth, that before the Erection of the Court of Common-Pleas it cannot be shewed that there were any special Ser∣geant Pleaders. I am of his opinion, and like∣wise that no man can shew when that Court was first erected; which is also the opinion of my Lord Coke, 5. Rep. 9 Ed. 4. Sir Roger Owen, Lambert, and others.

Yet if the Author mean that before Magna Charta 9 H. 3. there were no such Sergeants, he may be satisfied the contrary out of Hoveden, and Paris, who lived in R. 1. and H. 3. time, and are Authors of good Credit. They recite the Charge of the Justices in Eyer given in R. 1. and King John's time: One of their Articles is, to Enquire of the Sergeants at Law, and Attorneys Fees.

In the Book of Entries, in a Bill of Debt against a Sergeant at Law, in the Common-Pleas, he shows, and prescribes, that Ser∣geants could not be sued there by Bill, but by Writ out of the Chancery; and this being by Prescription, shows that Sergeants were before the time of Rich. 1.

And the Mirror of Justices (which I pre∣sume they will not deny to be yet more ancient, which my Lord Coke holds to be written before the Conquest) saith a Countor est un Sergeant Sachant in la Ley de Realm, to pronounce and defend Actions in Judgment.

From the Antiquity of the degree, I come to my observations upon the words of your Writ, which I shall take in order as they are.

1. Quia de Advisamento Concilii nostri, &c. These words are in the Writs of Creation of Peers, and in the Summons of them, both Spiritual, and Temporal, and of the Judges, and Kings Council, to the Parliament, and in your Writs, but in no other, except upon some high and weighty occasions, touching the pub∣lick safety and the like.

And for your greater Honour this Council by advice of which you are called to this degree, is the great Council of the Kingdom.

The Next words in your Writ are, Ordina∣vimus vos, &c. in the plural Number, in the second person, which is an Enalage of Number, chiefly to express Excellency in the Person to whom it is referred.

Selden in his Titles of Honour, f. 121. showeth the use of it in the Jewish Nation, and in France, Spain, Germany, and other Countries, and al∣ways is in dignity of the party to whom ap∣plyed; and the stile of the Chancery is so only to the Peers, the Judges, the Kings Council, and to Sergeants.

Therefore 29 E. 3. f. 44. In a Quare Impedit, the Writ was Precipite, and excepted against as false Latin, but Thorp said, it was not false La∣tin, but the plural Number only to express Reverence to the person; the other answered that no such reverence is done to a Sheriff, and for this, the Writ was abated.

The next words in your Writ are ad Statum, &c. which sheweth dignity, and honour given to them.

The Author of the Manuscript formerly cited by me, allows the Sergeants but little state, where he saith, they kept their Pillars at Pauls, where their Clients might find them; as if they did little better than Emendicare panem.

This was somewhat far from Westminster-Hall, and as far from truth; being grounded upon a mistake of one of their Ceremonies of State, where they went to Pauls to Offer.

A Manuscript of the Call of Fitz James, and other Sergeants, 11 H. 8. saith, that their Steward brought every one of them to a several Pil∣lar in Pauls, and there left them a time for their private Devotions; no Convenient time for Cli∣ents.

In the Register, a Writ of Ex gravi Querela mentions a devise to a Priest, to say Mass at a Pillar in Pauls; and I believe most of us, both in this, and other great Churches, have seen old people kneeling at the Pillars, in their private prayers.

Our old English Poet Chaucer (whom I think not unproper to cite, being one of the greatest Clerks and Wits of his time) had a better O∣pinion of the state of a Sergeant, as he expres∣seth in his Prologue of the Sergeant.

A Sergeant at Law wary and wise, That oft had bin at the pervise, There was also, full of rich Excellence, Discreet he was, and of great Reverence.

And in his description of the Franklyn, he saith of him.

At Sessions there was he Lord, and Sire, Full oft had he bin Knight of the Shire; A Sheriff had he bin, and a Countor, Was no where such a worthy Vavasor.

A Countor was a Sergeant, and a Vavasour was the next in degree to a Baron.

We find in many of our Year-Books, especi∣ally in E. 3's time, that they were joyned with Knights in Assizes, Trials of Challenges, &c. 38 H. 6. f. 31. Prisot saith to the Sergeants, they would have no worship by such an Act, &c. and that word was given to the Lords in those days.

By the Statute 12 R. 2. c. 10. the same pri∣viledge, which is given to the Judges for ab∣sence from the Sessions, is given also to the Sergeants.

34 Hen. 6. Brook. Nosme. 5. saith that ser∣viens adlegem est nosme de dignity, comme Chivalier, and it is character indelebilis, no accession of ho∣nour, or Office, or remotion from them, takes away this dignity, but he remains a Sergeant still.

Their Robes, and Officers, their bounty in∣giving Rings, their Feasts, which Fortescue saith were coronationis instar, and continued anti∣ently seven days, and as Holingshed notes, Kings and Queens were often present at them, and all their Ceremonies and Solemnities in their Creation, do sufficiently express the state due unto them.

The next words in your Writ are, Et gra∣dum, &c.

This is a degree of such eminency, that the professours of Law in no Nation are honoured with the like, with such Solemnities and state, as I have before mentioned, and by Mandate under the publick Seal of the Common-wealth.

I find indeed in the preface to the Digest, se∣veral appellations given to the Students of that Law, that they called them Dupondios, or Justi∣nianeos, and (when of further standing) Papini∣anistas.

When they had proceeded further, they cal∣led.

them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and lastly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the title and degree of Doctour of the Laws, I ac∣knowledge to merit very much of respect and honour, as to the degree, and persons honour∣ed with it. But such state and degree as this of Sergeants at Law, is not among the Munici∣pal Lawyers of any other Nation, though all kingdoms have their Municipal Laws, and Lawyers as well as we.

Degrees are rewards of study and learning.—Nec enim Virtutem amplectimur ipsam, Praemia si tollas. They are 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a spur to-virtue, and witnesses of learning. And since, Gentle-men, you have already obtained that depth in your profession as renders you capable of this degree, that resolution of all true lovers of learning is worthy of you,

1. To say Senesco discens; proceed in your Studies still. Your predecessors, for their learning, have been often advised with by the Judges, as appears in our Books, and by the Parliament, as may be seen in the Rolls thereof.

2. By this degree you become Chief Advocates of the Common Law, an attribute given by Fortescue, who was a Sergeant, and Chief Ju∣stice, and Lord Chancellour.

It imports no less than all antiquity hath ap∣propriated unto Sergeants at Law, the practice of that great and Universal Court, where all that concerns Meum & tuum, the inheri∣tances, and property of all the people of Eng∣land, are heard and determined.

This degree Ordaining you to be Chief Ad∣vocates, the duty of whom pertains to you to be performed, and may not be declined by you. I hold it not impertinent to mention some∣thing to you, of the duties of an Advocate; which are some of them to the Courts, and some to Clients.

To the Courts of Justice he owes reverence, they being the high Tribunals of Law, of which Doctor and Student, and the Statute Marlebridge saith, omnes tam Majores quam Minores justitiam recipiant, and therefore great respect and reve∣rence is due to them from all persons, and more from Advocates than from any others.

2. An Advocate owes to the Court a just and true information, the zeal of his Clients cause, as it must not transport him to irreverence, so it must not mislead him to untruths in his infor∣mation of the Court, the Statute of W. 1. c. 29. and the Mirrour of Justices, agree in an ex∣cellent direction in this point.

When a good cause is destroyed by misinfor∣mations or unlawful subtleties or deceits, let the instruments thereof take heed of the wo denounced by the prophet against them, that call good evil and evil good, that put darkness for light, and light for darkness, their root shall be rottenness, and shall go up as dust.

Remember that in your Oath, for one verb [you shall serve] you have two adverbs, [well and truly.]

The duty of Advocates to their Clients, are general and particular.

The general consist in three things, Secrecy, Diligence, and Fidelity.

1. For Secrecy, Advocates are a kind of Con∣fessors, and ought to be such, to whom the Client may with confidence lay open his evi∣dences, and the naked truth of his case, sub Sigillo, and he ought not to discover them to his Clients prejudice, nor will the Law com∣pel him to it.

2. For Diligence, much is required in an Ad∣vocate, in receiving instructions, not only by breviats, but by looking into the Books them∣selves, in perusing Deeds, in drawing Convey∣ances, and Pleas, in studying the points in Law, and in giving a constant and careful attendance and endeavour in his Clients causes.

3. For Fidelity, it is accounted vinculum Socie∣tatis, the name of unfaithfulness is hateful in all, and more in Advocates than others, whom the Client trusts with his livelyhood, without which his life is irkesome, and the unfaithfulness or fraud of the one, is the ruin of the other.

Virgil in his fiction of Aeneas going down to Hell, sets these in the front of Crimes.

Hic quibus invisi fratres dum vita manebat, Pulsatusve Parens, aut fraus innexa clienti, Inclusi paenam expectant.

For your duty to particular Clients you may consider,

That some are rich, yet with such theremust be no endeavour to lengthen causes, to continue Fees.

Some are poor, yet their business must not be neglected, if their cause be honest, they are not the worst Clients, though they fill not your purses, they will fill the ears of God with prayers for you, and he who is the defender of the poor will repay your Charity.

Some Clients are of mean capacity, you must take the more pains, to instruct your self, to un∣derstand their business.

Some are of quick capacity and confidence, yet you must not trust to their information.

Some are peaceable, detain them not, but send them home the sooner.

Some are contentious, advise them to reconcile∣ment with their Adversary.

Amongst your Clients and all others, endea∣vour to gain and preserve, that estimation and respect, which is due to your degree and to a just, honest, and discreet person.

Among your Neighbours in the Country, never foment but pacify contentions, the French pro∣verb is,

Bonne terre mavuais chemin, Bon Advocat mavuais voicin.

I hope this will never by any here be turned into English.

The next and last words which I shall note in your Writ, are Servientis ad legem.

The name Sergeant is antient, some would fetch it from the French word Sergent, as Pas∣quier in his Recherches, but that word is also Saxon.

You are indeed Servientes, but it is Ad legem, your Fee is honorarium, and you are or ought to be, Patroni Clientium, Viduae & Orphano Ad∣jutores.

The Conservators of the peace (as in my Lord Cokes preface to his 10. Rep.) were anti∣ently called Servientes pacis, and the tenure by Grand Sergeantry is the most honourable.

Sergeants were also called in Latin Narratores, as my Lord Coke, and Sir Roger Owen observe. And in the Book in the Tower, 14 E. 2. f. 89. One prayes that he may have Narratores in placitis ipsum tangentibus, notwithstanding the Laws of Wales.

In the records in the Treasury, 25 E. 1. one Thomas Marshall justified the maintenance of a

cause, for that he was Communis Serviens Narra∣tor coram Justitiariis, & alibi ubi melius ad hoc conduci poterit, and as a Counsellor he advised him.

They were antiently called likewise Countors, as is noted by Sir Roger Owen and my Lord Coke, because the Count comprehendeth the Substance of the Original Writ, and the foundation of the suit and of that Part (as the worthiest) they took their name, and lost it not in the reign of E. 1. and at this day every Sergeant at his creation, doth count in some real Action at the Common-Pleas Bar.

In the Statute of W. 1. 3 E. 1. he is called Sergeant Countor, and in the Stat. 28 E. 1. c. 11. is this clause, Nest my a entender que home ne poet aueer Councildes Countors & des Sages gents.

Chaucer calls them Countors, and in the Mir∣rour of Justices, there is a Chapter of Countors, the like in the grand Coustumier of Normandy, and in the text, and gloss of both, these Coun∣tors, are agreed to be Advocates, who plead and defend mens causes in Judicial Courts.

The rest of the words of your Writ prefix a day, and command you to prepare your selves to take this state, and degree upon you.

Accordingly some of you have formerly ap∣peared upon your Writs, which have been or∣dered to be filed, and your appearances recor∣ded.

The rest of you, have now appeared upon your Writs, which have been read, and the like order given, as for the others, and we are ready to admit you to take your Oaths.

And what honour and advantage hath been gained by any the most eminent of your predeces∣sours in this degree, I do heartily wish, may be multiplied unto you, Mr. Sergeant S^t John, and to all the rest of these worthy Gentlemen your Brethren.

[20.] Vote for money for the Forces in Carlisle and Northumberland, &c.

Several Officers of the Army presented to the Commons (not to the Lords) the Large Remon∣strance of the Army, with a Letter from the General to the House, desiring the Renonstrance might have a present reading, and the things pro∣pounded therein, be timely considered, and that no failing in Circumstances, or expressions, may prejudice the reason or Justice of what was ten∣dered.

The preamble of the Remonstrance shewed the miscarriages of the King, and of the Parliament seve∣rally and in Treaties between them, especially that Treaty wherein they now are.

That they conceive the Parliament hath abundant cause to lay aside any further proceedings in this Treaty, and to return to their votes of non-addresses, and to reject the Kings demands for himself and his Party, and that he may no more come to Government nor to London.

That Delinquents be no more bargained with, nor partially dealt with. Nor protected, nor pardonable by any other power, only moderated upon submission; and among these Offenders, they offer,

1. That the King be brought to Justice, as the Ca∣pital cause of all.

2. That a day be set for the Prince and Duke of York to come in, and if they do not, then to be de∣clared Traitors, if they do come in to be proceeded a∣gainst, or remitted as they give satisfaction.

3. That publick Justice may be done upon some Ca∣pital causers, and actors in this War.

4. That the rest upon submission may have mercy for their lives.

5. That the Souldiers may have their arrears, and publick debts be paid out of Deliquents Estates.

6. That a period be set to this Parliament, and a provision for new, and more equal Representatives of the People.

Then they offer rules for this Representative power, and that it be the Supream power.

That no King be hereafter admitted but upon E∣lection of, and in trust for the People, by such Re∣presentative.

That the General settlement be done by this Par∣liament, and established by a general contract, and a∣greement of the People with subscriptions thereunto; and none to be capable of benefit by this agreement without subscribing thereunto, nor any King be ad∣mitted to the Crown, or any other to any Office, with∣out Subscribing to it.

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.

This Remonstrance induced a long and high debate, some inveighing sharply against the insolency of it, others palliated, and excused the matters in it, and some did not stick to justify it, most were silent because it came from the Army, and feared the like to be done by them, as had been done formerly; in fine the debate was adjourned.

[27.] Ordinance transmitted to the Lords touching the Sale of Bishops Lands.

Order to stay all process against any for selling Tobacco, without licence from former Paten∣tees of that Monoply, and referred to a Committee to examine that matter; the like order touching the Office of Wine licences.

An additional proposition past by the Com∣mons to be sent to the King, that he would pass such Acts as should be presented to him by both Houses, for strengthning the Ʋnion between England and Scotland.

Both Houses agreed to continue the Earl of New-Castle one of the seven to be excepted from Pardon, and Sir Jo. Byron to be put in for another, in stead of Sir John Winter.

Order of both Houses for three thousand pound for Colonel Rossiter, and all the Forces in Lin∣colnshire, except his Troup to be disbanded.

Letters from the Isle of Wight, that the King refused to pass any thing against the Marquess of Ormond, until the Treaty be wholly ended; and that he adheres to his former resolution concer∣ning Bishops, and that their Lands be leased only for 99. years, and not sold.

The Commissioners of the great Seal sate in Chancery without Sir Tho. Widdrington, and heard many Motions, till past two a Clock, then the new Serjeants came in their party-coloured Robes and their servants, and the Gentlemen of the Inns of Court with them; after they were come the Judges, of the Kings Bench, and after them, the Commissioners of the great Seal went to the Common-Pleas Court, where they sate in the middle of the Bench, the Chief Justice of the Kings Bench on the Right hand of the Earl of Kent, and the Lord Chief Baron on Whitelocks Left hand, and the other Judges on either hand of them, in their antiquity, and the Barons of the Exchequer on a form, on the Right side of the Court.

The new Serjeants were brought up in their antiquity, singly, by two of their Elder Brethren, to the bar, where they Counted, and when they had done a Gentlemen their Friend appointed by them, did deliver their several Rings to the Earl of Kent first, then to my Lord Grey, next to White∣lock, then to the Chief Justice and Chief Baron,

and to the rest of the Judges and Barons in their Antiquity.

This ceremony held till past four a Clock in the afternoon.

[22.] Orders touching levying the assess∣ments, and disbanding supernumerary Forces.

Upon a Report from the Committee of the Army, the House approved of the General his drawing the Army into Towns and Garrisons, and of his Listing no more Forces, and disbanding supernumeraries.

An Ordinance past for five thousand pound out of the Delinquents Estates in Essex, for the gratu∣ity promised to the Souldiers that were before Colchester.

Upon the desire of Colonel Birch a Member of the House, the place of high Steward of Lemster, with the profits thereof was conferred on him, being void by the Delinquency of Sir Walter Pye. And upon the desire of M^r Thomas Waller of Grey's Inn, Order for the Commissioners of the great Seal to pass a Patent to constitute him the Judge of the Isle of Ely.

Letters from the Hague, that six more of the revolted Ships were come in, and that a Chal∣lenge past betwixt Prince Rupert and the Lord Culpepper.

The Commissioners heard some causes and a few Motions in Chancery, and then rose, and went to the Kings Bench, where they did swear Ser∣jeant Brown a Judge of that Court; Sir Thomas Widdrington made a short speech to him, which he answered, and then took the Oaths of Allegiance and Supremacy, and of a Judge.

Then the Earl of Kent delivered to the Second∣ary of the Kings Bench, the Patent for him to be a Judge of that Court, which was read, and after∣wards the Earl of Kent delivered the Patent to Ser∣geant Brown, and he took his place of the third Judge of that Court.

From thence they went to the Common-Pleas, where Sir Tho. Widdrington made a short speech to M^r Sergeant S^r John, and Sergeant Bedingfield, who answered him, and then their Patents were read, and delivered to them, and Sergeant S^r John was sworn Chief Justice of the Common-Pleas, and Sergeant Bedingfield the Puisne Judge of that Court.

From thence they went back to the Kings Bench, where Whitelock made a short speech to Sergeant Jermyn, and he answered him, and then his Patent was read, and delivered to him, and he took the Oaths, and his place of a Fuisne Judge of that Court.

From thence they went into the Exchequer, where Sir Thomas Widdrington spake not long to M^r Gate, who answered him, and was sworn, and received his Patent, and was made a Baron of that Court.

[23.] Letters from the Isle of Wight with his Majesties ultimate answer concerning Bi∣shops.

That he 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 per swaded in his judgment, that the former is Apostolical in the institution, and that to take away the latter is Sacriledge.

Neither can his Majesty communicate in a publick form of Divine service, and administration of the Sacraments, where it is wholly uncertain, what the Minister will offer to God.

To this the Commissioners answered,

That it was not the Apostolical Bishop which the Bill desired his Majesty to remove, but that Episco∣pacy, which was formerly established by Law, in this Kingdom, grown up to an height of outward pomp and greatness, and found by Experience to be a grie∣vance to the subject, a hindrance of piety, an in∣croachment upon the power of the Civil Magistrate, and so a burthen to the persons, purses, 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 inedling with the Apostolical Bishop, nor determining what that Bishops 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 Admit∣ting that Apostolical Bishops, were within the purport of this Bill, they humbly conceive, it doth not follow, that therefore in Conscience, it must not be passed, for they 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.

For the Sale of Bishops Lands, which his Majesty apprehends to be Sacriledge, they humbly offer, that Bishopricks being dissolved, their Lands (as of all Corporations) naturally by the Laws of the Land, revert to the Crown, which is their founder and Patron, and heretofore held it no Sacriledge to dis∣pose of Bishops Lands to its own and others use, by Act of Parliament, which was an Ordinary practice in his predecessors

Besides that, they might say, that in all ages, and even under the Ceremonial Law, imminent and ur∣gent necessity (especially by the publick) hath dis∣pensed with the otherwise imploying of Consecrated things.

As to that, that his Majesty cannot communicate in a publick form of divine service, where it is un∣certain what the Minister will offer to God.

They answer, that the Directory is certain as to the matter, leaving it to the Minister to inlarge or express in words, according to his discretion, for the exercise of his gifts; and they add, that it can be no objection against joyning with a Minister in a Prayer, not to know before hand the very words that he will say, for then, one must not hear any Prayer be∣fore Sermon, where every several Minister hath a several form, and must vary still according to oc∣casion.

That what his Majesty hath already consented to concerning Bishops, leaves it solely in his own power, for their return again to their former power after three years, and to have the Negative voice in Or∣dination, which they humbly conceive the Scripture holds not forth, to have been in that Bishop who is there mentioned in these Writings of the Apostles; and consequently, that which his Majesty endeavours to preserve, not to be the primitive Office of a Bishop.

That the intention of the Parliament is not to Offer violence to his Majesties Conscience, but that he will be pleased to rectify it, by being better informed, that both he and his People may have cause of re∣joycing.

The Lord Grey of Groby had the thanks of the House for taking Marquess Hamilton Prisoner, and dispersing a Brigad of his Horse.

The House spent almost the whole day in no∣minating Sheriffs for all the Counties of the King∣dom.

Many Rumours were of the Armies coming again to the Houses.

[24.] Upon a Letter from the Lord Admiral,

Order touching the raising of twenty thousand pound for the Mariners that come in from the revolted Ships, and for other affairs of the Navy, and for providing money for the Summers Fleet.

Vote for the Earl of Arundel to be admitted to his Composition for six thousand pound, in regard he had suffered losses by the Parliament's Forces, and that this six thousand pound should be paid for the use of the Navy.

[25.] Orders touching Sheriffs.

Orders for Slighting the Garrisons of Ashby de la Zouch, and Bulling-brook.

A Petition of one Maurice complaining of the arbitrary proceedings of the House of Lords, con∣cerning an Estate of three thousand pound per annum, referred to be examined by a Committee.

Votes for disbanding Forces.

The Commissioners of the great Seal went into the Queen's Court, and there they did swear M•• Prideaux to be the King's Sollicitor.

[27.] Letters from Colonel Hammond, with one inclosed from the General to him, to require Colonel Hammond to repair to his Excellency to the Head quarters; and that Colonel Ewers was appointed to take the charge of his Majesty in the Isle of Wight.

The Commons Voted Colonel Hammond to stay in the Isle of Wight to attend his Charge there, and the General to be acquainted with this vote, and Letters to be sent to the Admiral to send some Ships for security of the Isle of Wight, and that they obey the Orders of Colonel Hammond.

Letters from the Head quarters, that the Of∣ficers spent yesterday wholly in prayer; that they consult how to effect what is in their Remon∣strance, and are resolute to bring Delinquents to punishment, and to settle the Kingdom in peace, with what necessary Laws are wanting, for the benefit and ease of the subject; and that a Petition came to the General from the Forces in Wales, and in the North, to expedite this work.

A Messenger brought word to Windsor, that Colonel Ewers had the Custody of his Majesty, and that Colonel Hammond was upon the way to Windsor.

Upon Information of the wants of Plymouth Garrison, orders for raising four thousand pound for them, and Colonel Welden to go thither.

Debate whether the new Sergeants should send a Ring to the King, and put off.

Letters from the Leaguer at Pontefract, that the Garrison Souldiers come away from thence, and many move for Passes; that they made a Sally and were beaten in again; that all the Regiments in the North have petitioned the General against the Treaty, and for Justice, which were recommen∣ded, and sent by Lieutenant General Cromwell to the Lord General.

[28.] Order for Captain Skinner and the rest of the men in the Crescent Frigat lately taken, to be brought to judgment for Pyracy, after the Course of the Admiralty.

Order for Sequestrations of Delinquents in the North, for raising money to disband the Supernu∣meraries there. And for satisfaction of the Lan∣cashire Forces.

Order touching new Sheriffs.

Order that the Estate of the Lord Lovelace be again sequestred, if he refuse to pay five hundred pound to Colonel Temple, as part of his arrears.

The Lord of Ormond knighted divers in Ire∣land.

[29.] The publick Fast day.

Letters from Colonel Hammond with a Copy of the Orders from the General Council of the Army, and their Letter to Colonel Ewers and others, for securing his Majesties person in the Isle of Wight.

The House Ordered a Letter to the General to acquaint him, that these Orders and instructions from him to Colonel Ewers for securing his Ma∣jestie's person in the Isle of Wight, were contrary to their resolutions and instructions given to Colonel Hammond, and that it was the pleasure of the House, that his Excellency recal the said orders, and that Colonel Hammond be set at Li∣berty to attend his charge in the Isle of Wight.

The Town was full of fears of the Army.

[30.] The question whether the Remon∣strance of the Army, should be taken into speedy consideration, was by ninety voices resolved in the Negative.

Report of the Letters from the General to the Committee of the Army, wherein he takes Notice, that the Committee intend not to furnish him with money for contingences, which of neces∣sity must be had, for pay of Messengers and inci∣dent charges: that he must be forced thereby, to receive monies for this purpose, out of the Col∣lectors and Receivers hands, where he can find it, if speedy course be not taken to supply him.

This was held in the Debate an high and unbe∣sceming Letter from the General, but in conclusion it was referred to the Committee of the Army to take such course as they shall think fit, for pay of the arrears of the Army.

Debate touching pay for the reduced Officers.

Intelligence from the Head quarters,

That a full Council of the Army had agreed upon a Declaration, expressing their sad apprehen∣sions of the danger and evil of the Treaty with the King, and of any accommodation with him, or resti∣tution of him thereupon.

Then they recite their late Remonstrance pre∣sented to the Commons, the Heads whereof they justify, but say, that to their grief, they find that instead of any satisfaction, or a reasonable answer thereto, they are wholly rejected, and the consideration thereof delayed from day to day.

That they can see in the Majority of those trusted with the great affairs of the Kingdom, nothing less than a treacherous, or corrupt neglect of, and apostasie from the publick trust reposed in them.

And considering that, as to the breach of that trust, there is no higher formal power of man in being to ap∣peal unto for judgment, in such case (as all others concerned in such breaches of trust will) so as they cannot but exercise that Common judgment which in their Natural capacity is left to them.

And there being no way of a just succession of another proper Judicature to be appealed unto in due time, and they being convinced of the greatness, and destructive∣ness of those evils, they have declared against, and of the necessity of those better things they have pro∣pounded, and how inconsistent with the publick trust and fundamental ends of it, still to pursue the one and reject the other, as that they dare appeal to the com∣mon judgments of indifferent and uncorrupted men, and to the more righteous judgment of God above all.

That this Parliament being sole Judges of their own performance or breach of trust, they hold them∣selves necessitated to, and justified in an appeal from this Parliament, in the present constitution as it stands, unto the extraordinary judgment of God, and good People.

Yet that in the prosecution of this Appeal, as they will drive it on, but to the speedy obtaining of a more orderly and equal judica••ure of men, in a just. Repre∣sentative,

according to their Remonstrance, where in to acquiesce, so they will endeavour to preserve so much of the matter and form of the present Parliamentary Authority, as can be safe or useful, till a just consti∣tution can be introduced.

That they should rejoyce if the Majority of the House of Commons would become sensible of the destructiveness of their late way, and would exclude from Communication in their Councils, all such corrupt and Apostatized Members as have obstructed justice, safety, and publick interest. However, they desire that so many of them as God hath kept upright, would by protestation or otherwise, acquit themselves from such breach of trust, and would withdraw from such as persist in the guilt thereof, and that they will own such as shall so do, as having materially, the chief trust of the Kingdom remaining in them, and shall adhere to them, and be guided by them in their faithful pro∣secution of that trust till a more full power in a just Representative may he indeavoured.

That they will not hereby take any advantage to themselves in profit or power, but should he willing to be presently discharged, if they could but obtain a ra∣tional assurance for the effectual prosecution of these things, and should give a proportionable assurance on their Parts, concerning their laying down of Armes when required.

That for all these ends, they are drawing up with the Army to London, there to follow providence, as God shall clear their way.

By the appointment of his Excellency the Lord Fairfax Lord General, and his General Council of Officers held at Windsor.

Nov. 30. 1648.

Signed Jo. Rushworth, Secr.

Major Cromwell returned with Letters from Co∣lonel Hammönd, that he was detained at Windsor, and that Colonel Ewers had the charge of the Kings person in the Isle of Wight; the Lords pres∣sed on the consideration of his business.

Notes

• Rains∣borough killed.
• Vote.
• Isle of wight.
• Vote.
• Isle of night.
• Excepted from par∣don.
• Northern Counties.
• Petition.
• Army.
• Excepted from par∣don.
• Lambert.
• Pardon.
• Isle of Wight.
• Ireland.
• Army.
• Isle of Wight.
• Banish∣ment.
• Votes.
• Isle of Wight.
• Excepted persons.
• Army.
• Lambert.
• Pontefract.
• Army.
• Isle of Wight.
• E. War∣wick.
• Votes.
• Speech.
• Sermon.
• Isle of Wight.
• Scotland.
• Treason.
• Isle of Wight.
• Anny.
• Speech to the Serjeants.
• Remon∣strance.
• Isle of Wight.
• Excepted persons.
• New Sergeant
• C. Birch.
• Judges.
• Isle of Wight.
• 〈◊〉〈◊〉.
• Sheriffs
• Army.
• Isle of Wight.
• Army.
• Isle of Wight.
• Army.
• Declara∣tion.
• Isle of Wight.