July 1654.
[July 1] Letters that Colonel Morgan upon sight of the Highlanders went out with a party to en∣gage them, but they sted.
That Captain Goodfellow with a party took Ten Scotch Prisoners, and 60 Horse, the Captain was Killed, much Provision taken from them.
That 40 English, with their Swords naked, did Swim over to an Istand that stood out against them, and took it, and many Provisions, Plate, money, and other goods in it.
[3] That Argyle joined with the English.
Letters of General Monck his taking of Fosse, and Lough-Gery in the Highlands.
That Colonel Bryan with the Forces which he brought from Ireland, Killed divers of the High-landers, and among them three Commanders of great Note were slain.
[4] The High Court of Justice sat and Ad journed.
A Conference with the French Ambassador, about a Treaty of Peace.
[5] The Portugal Ambassador's Brother, and two other Portuguises, were tried before Com∣missioners of Oyer and Terminer in the Kings-Bench. He pleaded, That he was not onely the Am∣bassador's Brother, but had a Commission to him∣self, to be Ambassador when His Brother should be absent, and that by the Law of Nations he was pri∣viledged from his Trial, and he demanded Councel.
The point of priviledg of Ambassadors by the Common Law, and by the Civil Law, and by the Law of Nations, was long debated by the Court, and the Lord Protectors Councel, and the result of the Court was, That by all those Laws, the proceedings in this Case were justified; And that no Councel could be allowed to the Ambassador's Brother, in matter of Fact, but if in the proceedings of his Trial he should desire Councel, as to matter in Law, it should be allowed him.
After much persuasion, he and the rest pleaded Not Guilty, and to be Tried by God and the Coun∣try; and a Jury was called of half English and half Foreigners, Adjounred till the next day, for their Trial.
An Ordinance published, impowring the Com∣missioners of the Customes and others, by persons under them, to suppress drunkenness, prophane Cursing, and Swearing.
[6] An Ordinance published, prohibiting Horse-Races for Six Months, because of the late Plots.
The Portugal Ambassador's Brother was again brought before the Commissioners of Oyer and Terminer in the Upper Bench, and Tried by a Jury of six Denizens, and six Aliens, he pleaded his ignorance in the Laws of England, and desired to have Councel Assigned him, but the Court told him; That they were of Councel equal to him, as to the Commonwealth; and upon hearing of the Witnesses, the Jury found the Ambassador's Bro∣ther, and Four more, Guilty of Murder, and Fe∣lony. The Lord Chief Justice Rolls gave Sentence against them to be Hanged, and a day appointed for Execution, but by the desire of the Prisoners, it was respited two days.
The Lord Commissioner Lisle, President of the High Court of Justice, made a long Speech to Fox, Gerrard and Vowel, to convince them of the wick∣edness of their Design, and then the Sentence of the Court was read against them severally.
That upon mature consideration of the Treasons and Murders Plotted, and Contrived by them against his Highness the Lord Protector, and the Common-wealth, and raising a Bloody War in the same, the Court did adjudge them to be Hanged.
Mr. Gerrard moved that he might be Behead∣ed, or shot to death like a Soldier, and petitioned the Lord Protector to that purpose.
This day Whitelock gave account to the Protector and his Councel, of his Embassy in Sweden, and spake to this effect:
May it please your Highness.
I Attend, by your Command, to give an account of the discharge of that great Trust and weighty Burthen which (through the Assistance of God) I have undergone in my Imployment to Sueden, with the Success of that Negotiation; wherein I shall not waste much of your time, for which you have other great Af∣fairs: but in as few words as I can, I shall with clear∣ness and truth acquaint your Highness, and this Ho∣nourable Councel, with those matters which I appre∣hend most fit and worthy of your knowledge.