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.

April, 1655.

April, 1655. The Protector and his Councel is∣sued many Orders for the apprehending of several persons suspected to be in the late Plot, and they were brought to White-Hall, and there examined by the Protector, and Secretary Thurloe; some of them were discharged, but more of them were Commit∣ted.

Collonel Birch, and others were secured in He∣reford-shire, and divers in Northumberland.

Letters that the Brest Pirates took some English Ships, and that General Blake was gone from Tu∣nis to Maltha, to demand satisfaction for some Pi∣racies done there upon English men. The Pro∣tector feasted the Commissioners for approbation of Ministers, he sate at the Table with them, and was chearful and familiar in their Company, and by such kind of little Caresses, he gained much upon many persons.

The King of Sweden sent a Letter to his Highness the Lord Protector, in behalf of Lord Lauder∣dale, and his Brother Laundie.

And the Lord Douglas writ likewise from Stock-holm into England, For the release of his poor Kins∣man; not doubting but that his Highness, as a Gratious Prince, might be moved to compassion; having no power∣ful, or any opposition at all in any of the three King∣doms. For since it hath pleased the Lord of Hosts to bless his actions in such a height, that by his val••ur his Highness has not only subdued superior, and all other power, that was against him, but also by pru∣dent Conduct of Affairs hath Established himself and these three Nations in one Peaceable Estate, What could that augment to his greatness, to let his good∣ness and compassion be made known to the world, that he shews upon those whose Lives and Fortunes he has in his hands.

Upon this Letter, and the recommendation from the King of Swedland, favour was procured from the Protector to the Lord Lauderdale, and his Brother, and considerable services were done for them, but when the times altered, they, Scots like, remembred nothing of it, nor ever returned the least kindness, or gratitude for all the good Offices were done them.

Letters from Scotland of new designs and en∣deavours of the Enemy there to raise Forces.

The Protector sent Letters to the Justices of the Peace in York-shire, and in most Counties, for the watching, and apprehending suspitious persons, as to the new designs on foot against the Peace of the Common-Wealth; and the matter of the Let∣ters was carefully executed.

Letters were sent to the Lords Commissioners of the Great Seal to attend a Committee of the Coun∣cil at the Council Chamber. They attended ac∣cordingly, and were acquainted with this Order.

Monday, 23. April, 1655. At the Council at White-Hall,

Ordered by his Highness the Lord Protector and the Councel, That the Lords Commissioners of the Great Seal, do proceed according to the Ordinance of his Highness and the Councel, Intituled An Ordinance for the better regulating, and limiting the Jurisdiction of the High Court of Chancery.

Henry Scobel, Clerk of the Councel.

The Chair-man told them. That this Ordinance was made upon good deliberation, and advice, and his Highness was persuaded that it would much con∣duce to Publick good to have it duely executed, which this Order did require, which he delivered to Whitelocke, and said his Highness did not doubt of their ready compliance therein.

Whitelocke spake, as antient, and told the Com∣mittee, That they had not the honour to be advised with upon the making of this Ordinance, and that they were under an Oath, and as far as they could, they should readily comply with the pleasure of his High∣ness and the Councel, and desired some time to peruse and consider the Ordinance. Some debate in general there was about it, and the Master of Rolls spake most resolutely against it. The Committee would not enter into a Debate about it, but gravely ad∣monished the Lords Commissioners to be careful not to oppose his Highness intentions for the common good, and so they dismissed them.

After this the Commissioners of the Seal, and the Master of the Rolls had several meetings, and consultations about the execution of this new Or∣dinance. The Commissioner L'Isle was wholly for the execution of it, Sir Thomas Widdrington, the Master of the Rolls, and Whitelocke, were not satisfied for the execution of it, and declared their reasons against it, and observations of inconveni∣encies in it, which are as followeth.

The Commissioners and Master of the Rolles are by this Act of Regulation made instrumental to deprive several persons of their Freehold without Offence or Legal Tryal, which reflecting upon the Great Charter, and so many Acts of Parliament, they humbly desire they may have the opinion of all the Judges of Eng∣land in point of Law therein.

The fourth Rule of the Ordinance is, that the first process in Chancery be a Subpaena, which shall be open, and that as many Defendants as the Plain∣tiff doth desire, be inserted into the same, paying no more but one shilling six pence for every Subpaena thus to be distributed, six pence for the Seal, and twelve pence to the Office.

Ʋpon serving the Subpaena open, the abuse, now too frequently used, will be much increased by Forgery of Names, Pers••ns, and Dates.

5 That no Subpaena be sued out until a Bill be Filed, and a Certificate thereof be brought unto the Subpaena Office, under the Hand of the Chief Clerk, or his Deputy, for which Certificate the chief Clerk shall receive no fee.

The Exhibiting a B••ll before a Subpaena will draw an unnecessary expence and trouble in many Suits, which would end upon the bare service of the Subpaena, as is found by dayly experience: and is mischievious to the people in many particulars ready to be expressed, and only profitable to Lawyers, and Attornies.

6. That in default of appearance, upon Oath made of due service, or in default of answer within due time (security being put in as is provided) an Attachment with Proclamation shall Issue to the Sheriff who shall cause the same to be Proclaimed at the door of the Defendants dwelling House, Lodg∣ing, or last abode between Ten and Two by the Sheriffs Bayliffs, or special Bayliffs; and the Bay∣liffs shall have power for the apprehension of the party (if need shall be) to break open any House or Door, where the party is, in the day time, provi∣ded that if the Warrant be to special Bayliffs, they shall not break up any House or Door but in pre∣sence of a Constable; who upon the shewing of such Warrant is required to be assisting unto the Bayliffs, and if the Defendant cannot be ap∣prehended, nor shall appear by the return of the Writ, the Plaintiff may return the Attachment as often as there shall be cause, which Attachment shall be in Lieu of a Commission of Rebellion, and Serjeant at Arms.

This seems to advance the Jurisdiction of the Chan∣cery upon a mean Process, beyond an exemption at Law, to break open, not only the parties, but any other persons House, without notice, or request made to be admitted; which may be used to the Robbing of Houses, and taking away Evidences, and other great abuses; it being far different from the awarding the Sergeant at Arms, who is a known, and Responsible Officer, and Acts only by special Order in open Court, upon satisfaction of the heighth of the contempt; and his Warrant is under the Hands and Seals of the Com∣missioners, and he is also answerable to them for his miscarryage, if any be: and the other Process is is∣sued by Clerks of course; which reflects upon the Li∣berty, and safety of the people of this Nation, where∣in every Ordinary Clerk hath power to do more, then all the Judges of England; and how safe it is for Judges to award such process is left to considera∣tion.

7. The Defendant shall not be compelled to an∣swer, until the Plaintiff, with one Surety at least, hath acknowledged a Recognizance before a Master of the Chancery in Ordinary, or Extraordinary, (the sum not to be under twenty Marks) conditi∣oned to pay such Costs to the Defendant in that Suit, as the Court of Chancery shall award, if they see cause to award any, for which Recognizance he shall be paid twelve pence only, and no more; and such Master of the Chancery shall for as much Certi∣fie, every such Recognizance, into the Office of the Petty-bag, in Chancery, to be there Filed, and the Officer there shall give a Certificate thereof to the Plaintiff or his Attorney, upon request; and for the Filing such Recognizances, making Certifi∣cate, and keeping an Alphabet thereof, he shall receive twelve pence and no more, but where the Plaintiff shall be admitted in Forma Pauperis, there no Security is to be required.

By this the Defendant is not bound to answer with∣out the Plaintiff gives Security by Recognizance, which will be an incumbrance upon his Land, so long as that Suit endures; which will hinder Commerce, and disa∣ble Infants, and persons Non Compos Mentis to Sue, and is of great delay, and five times the former ex∣pence, before the Suit can have an answer, and the dis∣charging and Suing Recognizances will increase moti∣ons, Suits, and Expences, and if the Suits never proceed, it will be difficult to have it dicharged, and cannot be but by Orders, albeit the parties consent, and the Rule it self is uncertain, not expressing to whom the Recognizance shall be given: and doth no more than what may be done upon an Order for Costs, without so much expence, which is only of advantage to Lawyers, Officers, and Clerks.

8. That where a Defendant might answer by Commission in the Country, he shall not now be forced to take a Commission but may answer upon Oath before a Master of the Chancery in the Coun∣try, in like manner and by such time as if a Com∣mission had issued, and that the Lords Commissio∣ners for the Great Seal do take care for that pur∣pose there be in every County a convenient num∣ber of such of the Justices of the Peace resident in that County, as they shall judg to be of the greatest Ability and Integrity, appointed to be Masters of the Chancery Extraordinary, and that such Master or any Master in Ordinary, after the answer so sworn before him, shall sign the same and give it in∣to Court himself, or being sealed up, deliver it to some person, to deliver the same into Court, and to make Oath that he did receive the same from the hand of such Masters of the Chancery and that since the receiving thereof the same hath not been opened, or altered.

It is very dangerous to rely upon answers as this Rule directs; for the Defendant may go into any Coun∣try, and never call any person thereunto, that knows him to be the same person.

9. That upon delivering in the answer, the At∣torney for the Defendant do take care that he be provided with names of persons for Commissio∣ners to be given by him upon a Rule given to re∣joyn.

It is not possible until the Defendant doth know into what County the Plaintiff will take his Com∣mission.

10. When an answer is put in, the Plaintiff shall reply within eight days if the answer were in Term time, otherwise within four days after the beginning of the next Term, unless the Plaintiff shall within eight days after the answer come and put in exceptions thereunto, or promise the Cause to be set down for hearing on Bill, and another to be heard the next Term, otherwise the Cause to be dismissed without motion, which Costs to be taxed by the chief Clerk.

This cannot be observed without great mischief that may happen, in case where all the Defendants have not answered, which may be the loss of a Cause, where the Plaintiff hath occasion to put in a special Replicati∣on, it cannot be known to his Councel, or Attorney, but

by the Plaintiffs Information; and experience hath found great inconvenience to confine the Plaintiff to such short time; and it is the Cause of many Motions to enlarge it, and the execution of this Rule is of no advantage to the Defendant, as is conceived, unless it be to surprise the Plaintiff from making the truth of his Case appear.

12. That in case the Plaintiff think fit to except unto the answer for insufficiency, the Plaintiff shall deliver the exception in writing, to the Defendants Attorney within eight days after the answer Filed, and shall enter the Cause with the Register; and in the same order as they are entred, the same shall be heard by the Master of the Rolles, who shall appoint one or more days in the week for that purpose, and at every sitting shall appoint his next day of sit∣ting, and how many of the said Causes shall be then heard upon exceptions, in the same order as they are entred, which days the parties shall attend at their peril. And the Master of the Rolles upon hearing thereof shall give such Costs as be fitting.

This hinders the Defendants liberty to amend his an∣swer without further delay or expence.

13. That if a Defendant doth appear and an∣swer insufficiently, and it be so Ruled, or shall plead demur, and the same be over Ruled, than if upon a Rule given, he shall not answer within eight days, the Plaintiff may proceed in such sort as is be∣fore directed, in case the Defendant had not ap∣peared.

This, together with the sixth Article, imposeth up∣on any person that lives remote, without any notice or default in him, to have his House broke open, or any other House wherein he is, and to be taken in con∣tempt.

[14] That after an Answer, If it appear at any time to the Court, that no part of the matter of the Plaintiffs Bill is then proper for relief in that Court, the Court shall dismiss the Bill with full Costs upon a Bill to be allowed by the Chief Clerk, but if some particular part of the Bill be thought sit by the Court to be proceeded in, the Court then shall direct the Examination, and proceeding upon that particular point, and the Defendant not to be inforced to proceed to Examine upon any other Matters.

This will create a multitude of Actions, and Ex∣pence, and in implicated Causes of fraud, and trusts, will be dangerous to break or cut them off, and to give Judgment upon them before a Hearing; and is of no advantage to either side, but what the Court may thereby provide for at the hearing, if any thing be unnecessarily Examined.

[15] The Plaintiff the next day after the Sup∣plication Filed, or the same day if he will, shall cause a Rule to be Entred for the Defendant to Re∣joyn and Joyn in Commission, which if the Defen∣dant shall not do within eight days, the Plaintiff may take a Commission Exparte, and the Defen∣dant shall have no new Commission in that Cause.

This will be a means to surprize many persons in their just Defence, without any provision against sickness, or any other Accidents, and if this be in∣forced as a Law, all special Rejoynders, for which there may be just Cause, are taken away; and it will destroy many a just Cause, leave the party remediless, and encourage false dealing.

[16] That no Witness shall be examined in Court but by one of the Examiners themselves, but in case of sickness: and that one of the Examiners shall examine the Witnesses of the Plaintiffs party, and the other the Witnesses of the Defendants party, if any be produced to be examined in Court, and that no Clerk of that Office shall be a Solicitor upon pain of loosing his place.

No provision is made but that an Examiner, being a Party, must examine his own Witness, or his Ad∣versaries.

[17] That all Commissions for Examination of Witnesses shall be open.

The same will be in this, as in the case of Subpoenas, Patents, and many more.

[19] That the Commissioners for Examination of Witnesses shall take an Oath before Execution of any Commission, to Execute the same faithfully and impartially; which each Commissioner is impowred to Administer to other. And the Clerk or Clerks attending such Commissioners, shall take an Oath, which is to be Administred by the Commissioners, to write down the Depositions of Witnesses truly, and indifferently, without partiality; and a Clause shall be in the Commission for that purpose.

The Commission is a Writ in the Register, and it is not mentioned or provided, what the Form of the Oath, or Clause to be inserted shall be, nor by whom inserted; and if this be extended beyond a Rule, and taken for a Law; any Plaintiff who shall loose his Commis∣sion, shall loose his Cause, and so of any other acci∣dent, though never so unavoidable.

[21] That there shall be no more than two Commissions at the most for examination of Wit∣nesses in any one Cause to be Executed in England or Wales, unless where one shall be suppressed; and in case either party have any Witnesses in Scotland, or beyond the Seas to examine, setting down the names of such Witnesses, and delivering them to the Attorney of the other side, he may take out a Commission within the time before limited, wherein the adverse party may joyn, if he will, within four days after notice, or otherwise the Commission shall Issue Ex Parte, provided that the parties or ei∣ther of them (and Court see cause) may have se∣veral Commissions unto several Counties of the same date.

This is mischevious for the reasons before, and if this be extended beyond a Rule, not to be dispensed withall, as reason may require upon accidents, many Plaintiffs will loose their Causes, especially Merchants, who cannot by that time know where their Witnesses are.

[22] That after the Execution of one Commis∣sion, no second Commission shall be taken out, but by order of the Court, and upon Affidavit, that some material Witnesses, whose names shall be therein expressed, have been discovered since the Execution of the former Commission, or that some of the Witnesses intended to be examined at that Commission, and which are material, could not be found, or by reason of sickness, or like just cause, could not attend that Commission, in such case only those Witnesses which shall be named, shall be exa∣mined by such second Commission, and the same shall Issue and be Executed at the charge of the party praying the same, unless the other side shall also desire to Examine any Witnesses by any such second Commission, and then he shall likewise set down their names.

This is like as before.

[23] That after the return of a Commission Ex∣ecuted, or Witnesses examined in Court, there shall be but one Rule for Publication, within which time, if the other side do not shew unto the Court good cause to the contrary, Publication shall pass, &c.

This Rule doth not express after what Commission, nor what Witnesses, whether all, on either side, or not; and will surprize the parties before they can move, or be heard by the Court, why publication should not pass, and increase motions to the advantage of Lawyers and Sollicitors.

[24] That from and after the twenty second of October, 1654 no order or direction concerning any Cause depending in Chancery to be made or given, but upon motion in open Court, that then both parties concerned, or their Council, may be heard.

The Rule of the Court already being, that no Order shall be made upon Petition, upon the Merits or Body of the Cause, or to controul an Order in open Court; if that be further extended, as a Law, then many of the Suitors of the Court may loose their Causes, and be ruined, and there will be a failer of Justice, and great mischief ensue, as by dayly experience is found.

[27] That no Injunction be granted but upon motion in open Court, satisfying the Court in such matter which may induce the Court in Ju∣stice to grant the Injunction; but the Defendants taking a Commission, or sitting an Attachment only, shall be no sufficient ground for an Injuncti∣on.

This is so general, that it extends to all Injunctions, and so in cases of Waste, Timber may be felled, Houses pulled down, Meadows and ancient Pastures ploughed up, to the irreparable loss of the Plaintiffs, and the Common-Wealth, before an Order can be procured to stay, in case the Defendants will not answer; and if no Injunction be granted upon an Attachment, or delay of answer; a Defendant although not worth a penny, may stand in contempt, get an Execution on the Plaintiffs Estate, and make it away, and no reparation can be had.

[29] That no Injunction granted after a Plea, pleaded at Law, or Rules given, shall stop a Tryal at Law, or any Pleading, or proceeding preparatory to a Tryal.

It seems much against Equity, that if the Defen∣dant shall by answer confess the whole Debt to be paid, to suffer him to go to Tryal at Law, which will be but a vain expence to the parties, and only profitable to Lawyers.

[30] That from and after the twenty second of October, 1654. no Injunction be granted to stay the Mortgagee from his Suit at Law, till the final hear∣ing of the Cause; but an Injunction may be granted to prevent the Mortgagees pulling down Houses, cutting Trees, or making other Waste or spoil up∣on the Mortgaged Lands.

This is very mischevious where there is equity for an Injunction in this Case, as well as upon Bonds, or other Securities; the mischief being greater to the Mort∣gagor (who shall be turned out of possession) then to the Obligor in a Bond, and the Mortgagee is also in better condition than the Obligee, by reason of his Se∣curity by Land, and yet the Court is not barred to stay proceedings upon Bonds, and all other Securi∣ties, but are restrained in cases of Mortgages.

[31] That all differences touching irregularities in proceedings, or upon the Rates or Course of the Court, shall be determined by the said chief Clerks, or any two of them, on whom the Attorneys on both sides are to attend: and in case either side shall not rest satisfied with the Judgment therein, they may Appeal to the Master of the Rolles, who upon Hearing the Attorneys on both sides (and the Chief Clerk who made the Certificate) if he see cause, shall settle the same, and give Costs where he finds the fault.

This deprives the Commissioners of all power upon the Rules, and Course of the Court; and these very Rules upon which they are to Judge, and be answera∣ble, as they are Judges of that Court; and gives power to the Chief Clerk to be Judge even of these Rules.

[32] All other References shall be determined by the Masters of the Chancery in Ordinary, which shall be only six in number, to be now, and from time to time, appointed by the Protector for the time being; of which six, there shall sit dayly at some certain publick place three, so long as any Refe∣rences do depend; and shall have a Sworn Regi∣ster to attend them, who shall in presence of them and the Counsel, read the Notes taken in each Cause, upon any Order made, or Report agreed; and the same being Read, shall be subscribed by the Masters then present, or any two of them; and afterwards the Report shall be drawn up by the Register, and subscribed by the same Masters, and certified: and that after the twenty second of October, 1654. no other person or persons shall ex∣ercise the Office of a Master of the Chancery in Or∣dinary.

This seems to give the Masters power finally to de∣termine without any Appeal to the Court, without any Provision concerning Merchants Accompts, and other References of that Nature, which they cannot so pro∣perly determine; and concludes the Court from making any Reference, though the parties desire it; whereby the Cause may receive an end by indifferent friends.

[38] That from and after the twenty second of October, 1654. every Attorney shall keep all and every Affidavit, whereupon he shall make forth any Writ or Process in his own custody, and shall shew the same to the Attorney on the other side, and suffer him or other person, to take a Copy there∣of, if he shall require it; and that the Senior Regi∣ster shall appoint a Clerk of Honesty and Integrity to attend the Court, and at the Rolles and all Seals, who shall take an Oath before the Lord Chancellor, Keeper, or Commissioner of the Great Seal, to be faithful in his Employment; and shall receive into his Custody, all and every Affidavit, which shall be made in Court, or upon which any Order shall be grounded, and shall dayly File the same, and keep an Alphabet thereof; and in Case the Party at whose instance such Affidavit was made, shall have cause to have a Copy thereof, he shall pay unto the said Clerk for the same, four pence for the Filing, and three pence for every side for a Copy thereof; and the other side, or any other person desiring it, may also have a Copy at the same rate, and the Re∣gister shall have for Examining and Signing such Copy, six pence and no more.

It is conceived, by the Clerks keeping the Affidavit, it may be in his and his Clients power to alter or retract it, after it is sworn, as is found by experience hath been done.

[40] That all Causes shall be set down for Hear∣ing in Order as they were published, without pre∣fering one Cause before another, and shall be pre∣sented by the Chief Clerks, without taking any Fee for the same; and the Causes being so set down, shall be heard in the same Order.

This Rule is very prejudicial in Cases (which are many) that depend upon the lives of the persons, and also of Merchants, where one gets the Estate of ano∣ther into his hands, and goes beyond Seas; and to deny him a Hearing in such Cases as occasion shall re∣quire, is all one as to deny them Justice, if this be en∣forced as a Law, and if cause be to advise with Judges, or any other accident, the Court cannot put off the Cause for half an hour.

[41] That every Cause shall be heard the same day on which it is set down for Hearing, and for that purpose the Lords Commissioners. if there be cause, shall sit for Hearing such Causes in the After-noon, as well as in the Forenoon, except upon Satur∣days.

This is impossible to be done; for Causes of Equity depend upon so many circumstances in cases of frauds, and trusts, that three or four days is not sometimes sufficient for the orderly hearing of one Cause; and the sitting of the Commissioners upon the R••lls days can∣not consist, by reason of Councel, and Sollicitours, who cannot do their duty at both places, and if this be imposed as a Law upon the Judges of that Court, they are enjoyned thereby to act an impossi∣bility.

The like objections were made to all the rest of the Articles, and particulars of the new Ordinance touching the Chancery; which though they would not prevail to stay the exemption of it, as to the Lords Commissioners who seemed to doubt the power that made it (which the makers would not endure) yet they were the means that it was not exacted from their Successors; but they were con∣nived at in the not execution of it, wherein they could not have satisfied themselves, having taken an Oath which they scrupled would be broken, ei∣ther in the admittance of this Ordinance for a Law; or if admitted, in neglecting the performance of any part thereof.

May, 1655.

[May] The Protectors Commissioners for visiting the Universities, Colledges, and Schools in Scotland, set forth a Proclamation, Prohibiting Ministers to Pray for the King, or to excite the people to new trou∣bles, prohibiting all persons from paying any main∣tainance to such Ministers.

News of the death of the Queen Dowager of Sweden, who after she had been long sick of a Quar∣tain Ague, it was followed by a strong Rhume that fell on her Breast till she dyed.

Old Oxenstern Chancellor of Sweedland was bu∣ryed, and the King and Queen at his Funeral.

Letters from Vice-Admiral Pen, That his Fleet was safe at the Barbadoes, where they had taken in four or five thousand men, and within few days intended to set sail from thence upon their de∣sign.

Letters of the continuance of the cruel persecu∣tion against the poor Protestants of Piedmont, by the Duke of Savoy.

A Proclamation published for the execution of the Laws against Jesuits, and Priests, and for Con∣viction of Popish Recusants, against which White∣locke declared his opinion, at this time, when there was not a fixed settlement, and so great pretences for Liberty of Conscience.

Baron Thorpe, and Judg Newdigate were put out of their places, for not observing the Protectors pleasure in all his Commands.

This Order was sent from the Protector and Councel to the Commissioners of the Seal.

Tuesday, May, 1. 1655. At the Councel at White-Hall.

Forasmuch as the naming and settling of the At∣tornies in the Court of Chancery, and the disposing of the Records in such manner as is directed by an Ordinance of his Highness by, and with the con∣sent of his Councel, Entituled, An Ordinance for the better regulating and limiting•• the Jurisdiction of the High Court of Chancery, Hath been omitted by those who are intrusted with the doing thereof, and that great delay in Justice will necessarily fall out, in case all proceedings in Chancery should be suspended, untill all the said Officers and Records be settled; for prevention thereof, It is Ordered by his Highness the Lord Protector by the advice of his Councel; that the Lords Commissioners of the Great Seal, and Master of the Rolles do pro∣ceed in the business of the said Court, notwith∣standing the said Officers have not been nominated, and the Records disposed of, as by the said Ordi∣nance is directed: which his Highness and the Councel expect should be done with all speed, by those who are concerned therein: and that in all other things they proceed according to the directi∣on in the said Ordinance.

HENRY SCOBELL Clerk of the Councel.

This Order was made to put a further tryal upon the Commissioners, and a command to execute the new Ordinance; and the default in this particular, was in the Master of the Rolles, who was more positive than any other, in denying as yet to ex∣ecute the Ordinance; but afterwards, his profit and fear to offend over swayed all other condera∣tions.

At one of their meetings, Widdrington, Len∣thal and Whitelock, agreed upon this Letter to be subscribed by them, and sent to the President of the Councel.

My Lord,

WE have seriously and duely considered what we received from his Highness concerning the Execution of the Ordinance touching the Chancery, and have strictly exa∣mined our own Judgments, and Consciences, having with all submission sought to God therein, yet cannot give our selves satisfaction, so as to be free to proceed upon that Ordinance, wherefore, and in regard of the near approach of the Term. We hold it our duty to represent the same unto his Highness, together with the great trouble of our own thoughts, in our unhappiness in this dis∣satisfaction; and desire the favour from your Lordship to acquaint his Highness herewith we remain,

My Lord,

your Lorships very humble Servants,

• B. Whitelock,
• T. Widrington,
• W. Lenthal.

May, 1. 1655.

This Letter was not delivered to the President of the Councel till some time after the date of it, the next day they received this Order, or Warrant from the Protector.

Oliver Protector,

RIght trusty, and right well beloved, We greet you well, Whereas by an Ordinance, En∣tituled, An Ordinance for the better regulating, and limiting the Jurisdiction of the High Court of Chan∣cery, It is, among other things, Ordained, that the Masters of the Chancery in Ordinary, shall be only six in number, to be now and from time to time appointed by the Lord Protector for the time being, We according to the said Ordinance do appoint William Lenthal, Esq Master of the Rolles, John Sadler, Nathanael Hubart, Arthur Barnar∣diston, Thomas St. Nicholas, and K••bert Ald∣worth, Esq to be the six Masters of the Chancery in Ordinar; and do hereby signifie unto you our plea∣sure, that they be sworn and admitted according∣ly; given at White-Hall this second day of May, 1655.

To our Right trusty, and Right well be∣loved Sir Bulstrode Whitelocke, Knight, Sir Thomas Widrington, Kt. and John L'Isle, Esq Lords Commissioners of the Great Seal of England.

Upon Receipt of this Warrant, they gave the Oath to the six Masters of the Chancery named in the Order, it being the old Oath, and they pro∣ceeded in ordinary business of the Court, accord∣ing to the former course.

Letters from the Barbadoes of some Dutch Ships there Trading, seized upon by Pen, and his Fleet ready to sail from thence, but whither the Officers knew not. That they only waited for more stores from London, which were not yet come to them. That Pen had here recruited his men, and sent some Forces to the Leeward Islands. That the English here love to Trade more with the Dutch then with their Country men. That Pen, and Venable settled in the Barbadoes a Court, by Commission to levy what should appear to be owing there to the Dutch, and to make seizures of all Dutch, who should Trade there. That they were now six thousand Land∣men, and five thousand Sea-men, and intended shortly to set Sail upon their design.

Letters of the Duke of Savoys cruel persecuting the Protestants in Piedmont, by taking away their Goods, and Estates, and putting them in Prison, and carrying away of their Children; using all means with violence to make them forsake their Re∣ligion, and the purity of the Gospel; which when they could not do, the Priests persuaded the Duke to send an Army against them, to force them to Conformity, who sent eight thousand men against these poor quiet people, and Loyal Subjects; the Army fell upon them, slew many of them with small loss, and took many Prisoners, whom they used with all cruelty, and then put them to death. Others of them, with their Wives and Children, fled unto the Mountains, whilst the Soldiers plun∣dered their Houses, and then fired them, and their Churches.

A Solemn Fast was kept throughout London, and Westminster.

During this Easter Term, the Commissioners of the Great Seal proceeded in Chancery according to the former course of that Court, and did not ex∣ecute the Protectors new Ordinance, which was in∣formed to him, but he could not disturb them till the Term was over; and then was quick with them for their disobedience.

June, 1655.

Divers sollicitations were made to Whitelocke by sundry persons, whose interest lay that way, that he should recant the Letter he had subscribed with Widdrington, and Lenthal, that he was not satisfied to execute the Protectors New Ordinance concer∣the Chancery, and that he would promise to do it, and to Conform to his Highness pleasure, and that then he should be continued in the place of Commissioner of the Great Seal, otherwise he must expect to be put out of that good and great Office.

Whitelocke answered them, that no worldly con∣siderations could prevail with him to do any thing contrary to his Judgment and Conscience; for then he knew he should offend a greater Protector and better Friend than my Lord Protector could could be. That he had taken an Oath to execute the place of Commissioner of the Great Seal Le∣gally, and Justly; and for him to execute this Or∣dinance as a Law, when he knew that those who made it, had no Legal power to make a Law, could not be justified in Conscience; and would be a betraying of the Rights of the people of Eng∣land, and too much countenancing of an illegal Au∣thority.

That as long as he should continue a Commissio∣ner of the Great Seal, he would execute that place according to Law, and do right to the parties in Court, after the best of his Judgment, and Consci∣ence; but to do an Illegal Act, and to execute such an Ordinance, as he knew not to be agreeable to Law, and would be an occasion of Injustice to ma∣ny, because he would thereby keep himself in the place of a Commissioner, he thought was not ac∣cording to good Conscience, nor honesty, and there∣fore he resolved to give himself satisfaction, ra∣ther than any other, and further than this, he could not be persuaded.

This Order was brought to the Lords Commissi∣oners.

To the Right Honorable the Lords Commissio∣ners of the Great Seal.

My Lords,

I Am commanded to signifie unto your Lordships, his Highness and the Councels pleasure, That your Lordships do attend his Highness with the Great Seal, at six of the Clock this Evening. I am

My Lord,

your Lordships most humble Servant, Henry Scobell.

White-Hall, June, 6. 1655.

As soon as this Letter came to them, they under∣stood the meaning of it, and attended with the Great Seal at the time appointed, at the Councel-Chamber, and were after a little waiting called in The Protector gravely told them,

That he was sorry some of them could not satisfie their own Consciences, to execute the Ordinance concerning the Chancery, which they were informed had much good in it to the publick, but he confessed that every one was to satisfie himself in matter to be performed by him, and that he had not the worse opinion of any man for refusing to do that where∣of he was doubtful; but in this particular the Affairs of the Common-Wealth did require a Conformity of the Officers thereof, and their Obe∣dience to Authority, and (being some of them re∣fused to execute this Act, as was enjoyned) they were compelled thereby to put this charge of the Custody of the Great Seal into the hands of some others, who might be satisfied, that it was their duty to perform this Command, and to put the Ordinance in Execution.

Whitelocke, being the antientest of the Commissi∣oners, told his Highness,

That their scruple was not upon the Authority of his Highness, and the Councel, as to the Command of all matters con∣cerning the Government of the Common Wealth, but only as to the effect of this Ordinance, to be Executed as a Law, the which they apprehended (and had formerly given their reason for it) would be of great prejudice to the Publick, and would be contrary to what they had formerly by their Oath promised; and being yet unsatisfied therein, was the ground of their scruple,

Sir Thomas Widdrington spake somwhat to the same purpose, and then the Protector spake to them to lay down the Seal, which they did; and then they were desired to withdraw; and so this great Office was voluntarily parted with by them, upon terms of Conscience only.

People past their censures upon them, as their affections led them, some commended what they had done as a Conscientious Act, some of larger Principles blamed them for parting with so great and profitable an employment, upon a nice scruple, which probably themselves would have swallowed, although it had been never so great. But they held themselves accountable to none but God for what they did.

Lenthal, who seemed most earnest against the Execution of this Ordinance, and protested That he would be hanged at the Rolles Gate before he would execute it, yet now, when he saw Widdrington, and Whitelocke put out of their places, for refusing to do it, he wheeled about, and was as forward as any one to act in the execution of it, and thereby restored himself to their favour.

The Protector kept the Seal in his own custody for some days, and dispatched some business of Sealing in his Chamber, where the Officers attended, till he had resolved upon the persons to whom he after∣wards committed the custody of it.

June 8. The Great Seal was thus parted with by Whitelocke and Widdrington, and June 15. It was delivered to Collonel Fiennes, and Major L'Isle, their late Brother, who was for all Assays; and these two were Commissioners of the Great Seal, the one of them never had experience in matters of this Nature, and the other had as little knowledg in them, till by accompanying the late Commissioners he gained some; and now he carryed the business very high, and superciliously.

Letters that General Blake demanding at Tunis Reparation for the losses of the English from Turkish Pirats, the Dye of Tunis answered him with scorn, and bid him behold his Castles, whereupon Blake Sayled into the Harbour within Musket shot of the Castle, and though the shoar was planted with Great Guns, yet he set upon the Turksh Ships in the Haven, fired nine of them, and came off with great Ho∣nour.

About the latter end of this month the Lord Willoughby of Parh••m, and the Lord Newport were committed to the Tower upon suspition of Treason.

July, 1655.

The Protector being good Natured, and sensible of his harsh proceedings against Whitelocke and W••ddrington, for keeping to that Liberty of Con∣science which himself held to be every ones Right, and that none ought to suffer for it; He now in∣tending to make some recompence to them, put them in to be Commissioners of the Treasury, together with Collonel Mountague, and Collonel Sydenham, with whom they had fair. Quarter, theit Sallary one thousand pounds apiece per ann. and Mr. Sher∣wyn, an able man in the business of the Exchequer, was Secretary to the Commissioners.

Letters from the Fleet under General Pen and Venables, whereby the ill success and miscarriage of Venables was ill resented by all, and the Protector was much offended at it, and indeed it was indis∣creetly managed by Venables, who might have Lan∣ded his men near Sancto Domingo, from whence the Inhabitants fled into the Woods, and left a great booty in the Town.

But Venables Landed his men ten Leagues West∣ward, who were so tired with a long and hot March, and so sick with it, that the Enemy returned upon them, and slew Major General Hains, who fought stoutly, and six hundred English, besides those that were slain stragling, and this was done by about sixty of the Enemy, who chaced the English to their Ships.

The rest of this Naval Army Sayled to an Island called Jamaica, in the West Indies, of which they Possest themselves, where they found a Tollerable Habitation; and in the beginning of this Month Major Sedgwick was sent with Twelve Ships, and Collonel Humphries with his Regiment with Sup∣plies to those in Jamaica; so careful was the Protector, to lose no advantage of what he had got Footing in.

Gra••f Hannibal Sesthead, and a Lord of Denmark who had married the Kings half Sister there, and been Vice-Roy of Norway, but afterwards grew out of Favour of his King, came into England to see the Protector, and made his Applications to White∣lock, whom he had been acquainted with in Ger∣many.

Who brought him to the Protector, and he used him with all Courtesie; he Dined with him several times, and the Protector was much taken with his Company: he was a very Ingenuous Man, spake ma∣ny Languages, and English perfectly well, and had been Employed in several great Charges, and Am∣bassies; but he was a very Debauch'd Person; which when the Protector knew, he would not admit him any more into his Conversation; and not long af∣ter, he departed out of England.

The Swedish Ambassadour, Graef Blunt being Landed, and making his Entry into London, the Council made this Order,

Friday July 27. 1655. At the Council at White-hall.

Ordered, That Mr. Strick∣land, Collonel Montague, and the Lord Whitelock, or two of them, be desired to receive the Lord Ambassadour Extraordi∣nary from the King of Swe∣den, and Conduct him to his Lodgings, at the Lady Willi∣ams her House, to Morrow.

Henry Scobel Clerk of the Council.

August, 1655.

The Commissioners of the Treasury had a Seal from the Protector, and his Council for every great Sum, and they then Order∣ed under their Hands the Payment of every particular Sum accordingly; and all these were entred in their Books, so that the State could not be cozened, and they had not the hard ways of the usual Course of the Ex∣chequor, but yet they did not take off that Course, as to the Constant Form of it.

The last Moneth Whitelock and Strickland received the Swedish Ambassadour at the Tower, by order of the Protector, with his Coaches, and near a Hundred others, with Six Horces a piece; they met the Ambassa∣dor at the Water-side; Whitelock bid him welcome in the Protectors Name, and after Ceremonies, took Coaches; the Ambassa∣dor and Whitelock, Strickland, the Master of the Ceremonies, and Graef Hohento, a Ger∣man, and Cousin to the King of Sweden in the Protectors chief Coach.

At their first setting forward, there was strife between a French Ambassadors Coach which he sent with some of his, Gentlemen to meet the Swedish Ambassadour, and the Swedish Ambassador's own Coatch, which should go first, The French Lacquaies and the Swedish Lacquaies drew their Swords, and some slight hurts were given, and a great Tumult in the Street, But Whitelock and Strickland sent the Protectors Laquaies to quiet them; with Order, that the Swedish Ambassadors Coach should go first, he be∣ing present in Person, and the other only sent to wait on him; which Order was ob∣served. They came by Torch-light through London, to Sr. Abraham Williams his House at Westminster, where the Ambassadour was Feasted, and Entertained Nobly at the Pro∣tectors Charge, three days. Whitelock and Strickland usually Dined with him: He ask∣ed, why Whitelock who was no Privy Coun∣sellor had the Precedence of Strickland, who was a Privy Counsellor? Whereas in his Country, the Counsellors (who are called Senators) have Precedence of all other Sub∣jects of what Degree or Office soever they be; and the Reason was given him, Because in his Country the Counsellors are Senatoris Regni: here they are only Consiliarii Protecto∣ris, not Regni.

The Third day of his Entertainment he had his Audience, the Protectors Coaches and a great Number of other Coaches, most of them with Six Horses, came, and took up the Ambassador, and his Company, and those appointed to wait on him, with Sir Oliver Flemming, Master of the Ceremonies; and brought them into the Court at Whitehall, where he alighted, and his Gentlemen and Servants went all bare before him.

There were of his Company Five Swedish Barons, (the Custom of their Country be∣ing, that every Son of a Baron hath the Title of a Baron) and about Thirty other Gentle-men of Quality, about Four Pages, and Ten Lacquies, his other Servants made up the Number of Two hundred Persons; general∣ly proper handsom Men, and fair Hair'd; they were all in Mourning, (very gentile) as the Ambassadour himself was, upon the Death of the Queen Mother of Sweeden.

His People went all bare, two and two before him in Order, according to their Qua∣lities, the best Men last; and next to him, the Master of the Ceremonies next before him, Whitelock on his right hand, and Strickland on his left hand; they made a handsome shew in this Equipage, and so went up to the Council Chamber, where the Ambassa∣dour repos'd himself, about a quarter of an hour, and then word being brought, that the Protector was ready in the Banqueting-House, he came down into the Court again, and in the same Order they went up into the Ban∣queting-House. Whitehall Court was full of Soldiers in good Order, the Staires and Doors were kept by the Protectors Guards, in their Livery Coats, with Halberts, the Rooms and passages in very handsome Order. The Ban∣queting-House was richly hung with Arras, Multitudes of Gentlemen in it, and of Ladies in the Galleries. The Ambassadors People were all admitted into the Room and made a Lane within the Railes in the midst of the Room. At the upper end upon a Foot pace and Carpet, stood the Protector with a Chair of State behind him, and divers of his Coun∣cil and Servants about him.

The Master of the Ceremonies went be∣fore the Ambassador on the left-side, the Ambassador in the middle betwixt White∣lock and Strickland, went up in the open lane of the Room; as soon as they came within the Room, at the lower end of the Lane, they put off their Hats. The Ambassadour a lit∣tle while after the rest, and when he was uncovered, the Protector also put off his Hat, and Answered the Ambassadours three Sa∣lutations in his coming up to him, and on the Foot pace they saluted each other as usu∣ally Friends do: And when the Protector put on his Hat, the Ambassadour put on his, as soon as the other.

After a little pause, The Ambassadour put off his Hat, and begun to speak, and then put it on again; and whensoever in his Speech he named the King his Master, or Sweden, or the Protector, or England, he moved his Hat, especially, if he mentioned any thing of God, or the good of Christendom, he put off his Hat very low; and the Protector still answered him in the like Postures of Civillity.

The Ambassador spake in the Swedish Lan∣guage, and after he had done, being but short, his Secretary Berkman did Interpret it in La∣tine, to this Effect.

That the King of Sweeden his Ma∣ster having a very great Affection, and Respect to his Highness, which he had formerly in some sort Testified, when a Noble Person now present was Ambassadour from your Highness to that Crown.

His Majesty, the King my Ma∣ster, since his coming to the Crown, hath Ratified the Treaty made with your Highness, and commanded me to repair hither to Salute your High∣ness, which I do with all Respect and Reverence in his Majesties name, and Congratulate the happy access of your Highness to the Government of this Common-Wealth, wishing you all prosperity therein.

The King my Master hath im∣powred me to propound unto your Highness some other matters in order to the perfecting of some things left to a further Determination in that Treaty, and to a farther, and more strict Union and Alliance between the two Nations, tending to the Glory of God, and to the advantage of the Protestant Interest in the World, and to the benefit of both Nations in point of Trade, and other interest; which I shall be ready particularly to de∣clare unto your Highness, or such as you shall appoint for that pur∣pose.

Many other passages of Complement and Civility were in his Expressions; and after his Interpreter had done, the Protector stood still a pretty while, and putting off his Hat to the Ambassadour, with a carriage full of Gravity and State, he answered him in Eng∣lish to this effect.

My Lord Ambassadour, I have great reason to acknowledg with thankfulness, the Respects and good Affection of the King your Master towards this Common-Wealth, and towards my self in particular, where∣of I shall always retain a very grate∣ful Memory, and shall be ready up∣on all occasions to manifest the high Sence and Value I have of His Ma∣jesties Friendship and Alliance.

My Lord, You are very welcom into England, and during your abode here, you shall find all due Regard and respect to be given to your Person, and to the Business about which you come.

I am very willing to enter into a nearer and more strict Aliance and Friendship with the King of Sweedland, as that which in my Judgment will tend much to the Honour and Com∣modity of both Nations, and to the General Advantage of the Protestant Interest, I shall nominate some per∣sons to meet and Treat with your Lordship upon such particulars as you shall Communicate to them.

The Protectors Speech was not Interpre∣ted, because the Ambassadour understood English, and after it was done, the Ambas∣sadour gave Copyes of his Speech in Sweedish and in Latin to the Protector, and then de∣livered unto him his Credential Letters; a Copy whereof had been sent to him before; then the Ambassadour spake in English to the Protector, and after some short Comple∣ments between them, The Ambassadour took his leave, returning in the same order as he came, and was by the same Company conducted back to his Lodgings in Westmin∣ster.

The next day the Ambassadour removed with his Family to Dorset-House, which was taken up and furnished for him at his own charge.

About the beginning of this Month the Ambassadour was highly Feasted and Enter∣tained, with most of his Followers, by the Protector at Hampton Court.

September 1655.

General Pen returned to England with a part of the Fleet from Jamaica, the greatest part of it stay'd behind, and not long after him came Gene∣ral Venables, who upon Examination by the Pro∣tector and Councel of his Management of that Affair, was committed to the Tower, but being judg∣ed that he failed rather through his Imprudence than any ill Intent, he was at length released.

The Princess Royal, and her Brother the Duke of Gloucester, went to the King of Scots to Colen, and they went together to the Fair at Franckford; through every Princes Countrey where they past, the Chief Officers of State were sent to comple∣ment them, and the great Guns saluted them from their Forts; the Elector of Mentz entertained them sumptuously three dayes.

The King hearing the Queen Christiana of Swe∣den was coming that way in her Journey to Italy, sent one of his Lords to her, to Salute her in his Name, and to express his desire to wait upon her Majesty at what place she would appoint; She named Coningstein where they met, and had private discourse together, and amongst other things (as the King afterwards related) there was some men∣tion of Whitelock, and of his Ambassage in Sweden, wherein the Queen spake with high Favour and Respect of him; and told the King that in all the Conferences that she had with him at that time, she never heard him speak a dishonourable word of the King.

The Duke of Savoy having Committed great Cruelties, and a Barbarous Persecution of the poor Protestants in Piedmont, the Protector appointed a Solemn day of Humiliation to be kept, and a large Contribution to be gathered throughout the Nation for their Relief, which was very well re∣sented by the Protestants beyond the Seas.

October, 1655.

The Protectors Councel in Scotland, published a Declaration for the Election of Magistrates there; which was observed, so great a power had he then in Scotland.

Notice by a Ship arrived in the Isle of Wight from Bilboa, that the Imbargo continued there, upon English Goods, and in all Spain; and the Eng∣lish Factors were confined to their Houses there, and at Malaga the People were in disorder for the loss of their Trade with the English.

The Councel at Whitehall ordered,

That no Person presume to publish in Print, any matter of publick News or Intelligence, with∣out leave and Approbation of the Secretary of State.

Many Lords and others Prisoners, were released upon Security given by them for their Peaceable Demeanour.

Letters of the success of the Swedes in Poland and Lithuania.

Some Bickerings at Sea between General Blakes Ships and the Enemy; but little done, some of them returned home wanting Victuals.

Audience given to the Venetian Ambassador.

Some Spanish Ships assaulted some of General Blakes Fleet, but they came off.

Stop of English Ships in Flanders.

A French Ship taken, that had been Fishing at New-Foundland.

Letters of the Miseries of the poor Protestants in Piedmont.

Orders for Accommodations for Mr. Feake and Mr. Rogers Prisoners.

A Declaration by the Admiral of France for the clearing of all English Ships and Goods in any Ports of France.

Injuries to the English at Dunkirk.

Letters of the State of the Island of Jamaica, and of the English Forces there.

Order of the Protector and Councel, for those that bought Delinquents Estates, to pay in forth∣with all Arrears of the Purchase Money.

Letters of the Swedes Victory against the Mus∣covites.

Order of the Protector and Councel, against Printing Unlicensed and Scandalous Books and Pamphlets, and for regulating of Printing.

Orders touching the Ministers of Scotland.

The Protestant Cantons of Switzerland acknow∣ledge the Protectors zeal and care for Pied∣mont.

The Spaniards took an English Man of War by Treachery.

Proclamation against Coiners, and advice that none receive their false Money.

Order of the Protector and Councel command∣ing all that have been of the Kings part, to depart out of the Lines of Communication.

Major-Generals appointed by the Protector and his Councel in the several Counties.

The Articles of Peace between England and France, signed here October 24.

General Pen was released from his Imprison∣ment.

This Moneth the Ambassador was full of ex∣pectation, that Commissioners should be appointed to Treat with him, but by reason of the great and unsettled Affairs of this Nation, and for that the Councel judged other Affairs which they had in hand (though perhaps mistaken) to be of greater Consequence than this Treaty.

No Commissioners were yet appointed, though the Ambassador had been several times with the Protector, and desired his business might be pro∣ceeded in, and was promised that it should.

November, 1655.

Letters of the miserable Condition of the Poor Protestants in Dauphine, oppressed by the Duke of Savoy, and left Sick, and without Covert, Food, or Cloathing, and many of them Dead with Cruel∣ty.

A Day of Thanksgiving in Dublin, for their De∣liverance from the Rebels, the Courts of Justice Established there, the Soldiers many of them turn∣ed Planters.

One who called himself William Smith, a Mini∣ster in Cornwall, apprehended for having Seven Wifes together.

General Venables was released from his Impri∣sonment.

The Swedish Ambassador had Audience.

Letters of Reprisal granted to divers English against the Spaniards.

The Protector and Councel appointed a Coun∣cel of Trade, to consider how to improve, order, and regulate the Trade and Navigation of the Common-wealth; upon which Letters were sent to several Persons in this Form.

Sir,

His Highness considering of how great Impor∣tance it is to this Nation, that the Trade and Com∣merce thereof be by all good wayes and means ad∣vanced, and duely regulated, hath by the Advice of his Councel thought fit to appoint a certain number of Persons (whose Abilities and Experi∣ence have qualified them to be Serviceable to their Countrey herein) to be a Committee for Trade, Impow'ring them to take into Consideration, the Trade and Navigation of this Common-wealth, and in what manner, and by what wayes and means the same may be Encouraged, Improved, Or∣dered and Regulated. And having named you to be one of that Committee, have thought fit to sig∣nifie the same unto you, to the end you may be present at their first meeting, which is appointed to be on the 27 of this Instant November in the Painted Chamber at Westminster, not doubting of your readiness to joyn with the rest of the Com∣mittee, in contributing your best assistance to a Work so highly tending to the Publick good.

Whitehall the 2 of November, 1655.

Signed in the Name and by the Order of his Highness and the Councel. Hen. Lawrence, President.

This was a business of much Importance to the Common-wealth, and the Protector was earnestly set upon it.

A Declaration of the Protector and his Coun∣cel, of the reasons for raising additional standing Forces of Horse in every County, to preserve the Peace thereof, from the New Plots and attempts of the Enemies of the Common-wealth, upon whom he resolves to put the Charge of these New Forces, which they have occasioned, and not upon the honest party who have already so much suffer∣ed.

Letters from Ireland commending their Gover∣nour the Lord Lieutenant Cromwell, and his Coun∣tenancing Orthodox Ministers, and frequenting the publick Ordinances.

The Sweeds had good Success in Poland, and in Muscovia.

Collonel Harvey committed to the Tower.

The Swedish Ambassador had Audience, and re∣lated to the Protector his Masters successes.

A Paper of the Special Commissioners for Chari∣table uses read in the Churches in London inviting discoveries.

Cracovia was Surrendred upon Articles to the King of Sweden.

The Major-Generals and their several Commis∣sioners, met in several Counties to execute their Commissions.

The Protector and his Councel referred to Sir William Roberts, and others, the Examination of the Accounts of Collonel Harvey, and Collonel Lang∣ham upon which they stand Committed.

The Ratification of the Treaty with the King of France, returned by Monsieur de la Bastile the Kings Ambassador under the Kings hand, and then the Protector ratified it, and it was Sealed with the Great Seal of both Parties.

A Declaration for a publick Fast.

A Commission for appointing Justices of the Peace in Scotland.

Major Rolt arrived in Poland, Envoy from the Protector to the King of Sweden.

A Declaration for a New Assessment.

The Peace between England and France pro∣claimed in London.

The French Ambassador by Invitation dined with the Protector.

The Swedish Ambassador having often solicited the Protector, that Commissioners might be ap∣pointed to Treat with him, and none being yet appointed, he grew somewhat impatient, and the more because none of the Grandees would vouch∣safe to visit him by reason of a former Order of the long Parliament, prohibiting the Conversing with Forreign Ministers, neither were they will∣ing that the Ambassador should come to them; at which he wondred, being so contrary to the Pra∣ctice in his Countrey.

December 1655.

Instructions published by the Protectors Coun∣cel in Scotland, for the Justices of Peace in that Kingdom, and for Constables; and they Order the former Great Seal, and Privy Seal there to be brought in.

The Tories in Ireland brought in the Copy of a Letter from Queen Christiana to the King of Swe∣den, of her declaring her self to be of the Roman Catholick Religion; and some Complements to the King.

Divers Ministers sent for by the Protector, whom he acquainted with the Proposals made by Manasseth Ben Israel the Jew, and referred them to the Consideration of the Ministers and o∣thers.

A Day of Fast publickly kept.

The French Ambassador went away.

A Brest Man of War with Commission from the Duke of York, brought in the Queen Christianaes Absolution from the Church of Rome.

A French Man of War sunk by one of the Eng∣lish Fleet, the Peace not being yet known.

Instructions to the Majors-General to take Se∣curity of all who had been in Armes for the King, for their Peaceable demeanour and obedience to the Protector.

Audience to the Envoy of the Duke of Branden∣burgh.

A Conference with Manasseth Ben Israel about admitting the Jewish Nation to Trade in Eng∣land.

The Swedish Ambassador had audience.

The Protestors in Scotland Petitioned with Rea∣sons against the Power of the Civil Magistrate in Church matters, as contrary to Law and Scrip∣ture.

The Queen Christiana of Sweden Honourably received at Ferrara.

Additional Instructions to the Major-Gene∣rals.

Letters of Mr. Mannings being put to death by King Charles at Duynwald, for holding Correspon∣dence with those in England. He was a Servant to Sir Edward Hyde, and shot to death.

Audience to the Venetian Ambassador.

No Commissioners being yet come to the Swe∣dish Ambassador, he grew into some high expres∣sions of his Sense of the neglect to his Master by this delay; which was excused, and the Protector made acquainted with it; who thereupon promi∣sed to have it mended, and to send suddenly to the Ambassador.

Mr. Meadow, by Command of the Secretary of State, Translated the Sweedish Treaty made by Whitelock.

January 1655.

An Arch-Rebel in Ireland taken.

A Committee appointed for the business of Piedmont; most of the Protectors Councel were of it.

Orders by the Protectors Councel in Scotland, touching Delinquents payment of their Fines.

The Committee for Piedmont, were very careful of the poor Protestants there, to send relief to them.

The Envoy of the Elector of Brandenburgh had private Audience with the Protector.

Letters of the King of Sweden's prosperous Suc∣cesses.

The Major-General and Justices of the Peace in Shropshire, made strict orders for the suppressing of Drunkenness and Disorders, and of Ale-Hou∣ses.

Players taken in New-Castle, and whipt for Rogues.

The Sheriffs of the Several Counties declared.

Popish Books burnt in London.

The King of Sweden had a Son born at Stock-holm, he was Baptized Charles.

Donnah o Derry the Arch-Irish Traytor, who had Murthered many English was Hanged at Dub∣lin.

Letters of a Gallant action performed by the English in Jamaica, against the Spaniards in the In∣dies.

An agreement made between the King of Swe∣den, and the Elector of Brandenburgh.

The Lord Deputy Fleetwood, and Collonel Syden∣ham told Whitelock, that his Highness and the Council had appointed them to acquaint him with a Business of very great importance; which is, that they considering the present Condition of Affairs, did hold it necessary forthwith to send an extraordinary Ambassy to the King of Swedeland, about a business of the greatest Consequence and Honour that could be; and most conducing to the good of the Protestant cause; which was the uniting of that Interest, & preventing the differen∣ces that were likely to fall between that King, and the Ʋnited Provinces, and the Elector of Branden∣burgh; for which ends they had thoughts of White∣lock and Sir Christopher Pack to go to the King, as Ambassadors from his Higness.

Whitelock thought he had enough of Danger and Trouble in his former Ambassy, without the least reward or acknowledgment of his Service therein; but instead thereof, and notwithstanding the Suc∣cess which God gave him, yet at his return home, he found Neglects and Slightings, and was remo∣ved from his place of Commissioner of the Seal, and was 500 l. out of Purse upon his Accounts.

These Considerations stuck with him, and made him endeavour by all handsome pretences to be excused that Service. And when Collonel Syden∣ham spake in commendation of Sir Christopher Pack, Whitelock replyed, that they might send Sir Christo∣pher alone, for he did not apprehend a necessity of sending two Ambassadors together.

They both to that said, that the intention of sending Sir Christopher Pack, was to manifest the Engagement of the City in this business; and in it to put an honour upon them.

Whitelock alledged also, that the King of Swe∣den's Ambassador here might probably conclude upon the Business intended, without sending one from hence to him.

The Lord Deputy said, that the Ambassador here had no Instructions for it. Whitelock told him, the Ambassador here (he believed) had in∣structions sufficient, or might have them, before Ambassadors could go from hence to Sweden. And that to send him now who had been so lately with the same King, would give an alarm to all the Po∣pish Princes, and hasten an Union amongst them; which would put a disadvantage upon the business that all good Men did so much desire might be effected.

The Lord Deputy answered that he did believe the Business could not be effected here by this Am∣bassador; And that the Pope was now at Work to unite his Interest amongst all the Popish Princes, and particularly betwixt Spain and France.

To which Whitelock said, that the sending of an Ambassador hence would hasten that union: where∣as if our Business might be done with the Ambassa∣dor here, no Notice would be taken of it.

[23.] Upon discourse with the Swedish Am∣bassador concerning the Uniting of the Protestant Interest, which he had propounded to the Pro∣tector at a Secret Audience, he seemed to like it very well; And said, the Difficulty would be what to propound in order to it, and where to begin; for it would be a long business to endeavour to bring in all the Protestant Princes and States to∣gether: but he thought the best way would be for the King his Master and the Protector to joyn to∣gether first, and then to draw in the rest after∣wards; And such of them as should refuse to joyn, to be taken as Enemies. Which would be quick and resolute, and make the Popish Princes look about them.

The Ambassador also took Notice, that he heard of the Protectors intentions to send Ambas∣sadors from hence to his Master about this busi∣ness; And said, he believed it might be done as effectually and more speedily here as to the gene∣ral and foundation of it, than by sending to his Master. And that when he propounded the busi∣ness to his Highness, he desired to know from him, what particulars he thought fit to be taken into consideration in the first place hereupon; And told him, That when he should know his mind therein, he would forthwith send an Express to the King to receive his farther directions; that he had already given his Majesty an account of the business in general, and did expect within a few days to hear farther from him about it, and hoped to receive such further Instructions from him, as will be for the good carrying on of this great bu∣siness.

He intimated likewise, that the King might think it a little strange, that whilst his Ambassador is here with the Protector, the Protector should send his Ambassadors to the King; which is not usual. He said, That he Confessed he had done little since his coming, but it was not his fault; And that it would be now time for him to think of returning.

It was answered, That the Multitude of our great occasions here, had been the only cause of his delay; And the great Successes of the King in Poland might give some alteration of Affairs, and many things thereupon might fall into considera∣tion touching matter of Trade in relation to Po∣land and Prussia, which at his Excellencies coming hither were not thought upon.

This the Ambassador acknowledged to be true; and said farther, That he hoped within a very few days there would be an Agreement between the King and the Elector of Brandenburgh, or else that the Business would be put to a speedy issue

the other way: And then there would be the less occasion of sending from hence to prevent that difference; And that would certainly make the Dutch quiet.

The Elector (he said) had received about 15000l. from the Dutch of their money to assist him against the King.

[24.] Sir Charles Wolsey of the Council, did not approve of the joyning Sir Christopher Pack with Whitelock in this Ambassy; nor the timing of it; for he said, He heard the King of Sweden had made an Order to desire all Forreign Publick Mi∣nisters to forbear for a time, their coming to his Camp; because he was in the midst of his Military Affairs.

[25.] The Protector sent to Whitelock, and earnestly pressed him to undertake the Ambassy to Sweden; recommending it as a business of the greatest Honour, and of the highest Concern∣ment to the Protestant Interest: but upon White∣lock's Discourse and Reasons against it, the Pro∣tector seemed to be moved, and said he would take the business into further Consideration with the Councel.

[28.] An Order of the Protector and Councel, whereby the Lord Fiennes, Mr. Strickland, Sir Gil∣bert Pickering, and Whitelock, or any two of them, were appointed Commissioners to Treat with the Swedish Ambassador; and they were desired to meet at the Councel-Chamber with Secretary Thurloe, to confer together about the Articles.

[30.] According to order they met at White-hall, and were told of the Ambassadors impati∣ence, that in so long time as since he had given in his Articles, he could not obtain any answer to them, nor have any Commissioners to Treat with him. In order thereunto they now perused the Articles, and advised together upon them.

[31.] The Ambassador seemed much unsatis∣fied with divers parts of the Articles, and said, That he had no Commission to Treat of any mat∣ter concerning the Ʋnited Provinces to be includ∣ed, and was much Nettled at that business. In discourse touching a general Union of the Prote∣stant Interest, he said, it would be a difficult work; And for his Masters falling upon the Emperor, he said, that they in Sweden did not wish it to be so, because they doubted that then Sweden would be neglected. He declared his opinion to be, not to meddle with the great business of the Protestant Union; Nor to have to do with the Ʋnited Pro∣vinces in this or any other Treaty: But he said, That they might send to the King his Master at their pleasure, and have a fitting Answer.

February, 1655.

Some Gentlemen added to the Committee of Trade.

Letters of the Sweeds Successes in Poland.

An Address presented from South-Wales and Monmouth-shire to the Protector, Recognizing him, and his Government.

An Order for continuing the Committee of the Army published.

Mr. Fell appointed Commissioner or Chancellor of the Dutchy of Lancaster; and Mr. Bartholomew Hall continued Attorney of the Dutchy.

One who Shot a Soldier that was to guard him being a Prisoner, was arraigned at the Upper Bench, but the Jury found him guilty only of Man-Slaughter; the Foreman was disabled from being a Juror hereafter.

Soldiers in Ireland Condemned for Robberies, the Councel there Sate about Transplanting some of the Irish.

An Order of the Lord Mayor of London, for the Punishment and suppression of Common-Beg∣gars.

Letters, That the Indians near New-England, had burnt many Houses of the Dutch, and taken many Men, Women, and Children Prisoners; but such as they found to be English, they released: the reason thereof was, because the English had been just and kind to them.

Some little stirs in Scotland, the Justices there according to the order of the Protector and his Councel, and after the course in England, pro∣ceeded to the Administration of Justice in Scot∣land, where it was submitted unto.

A Dunkirk Man of War taken Prize.

The Peace ratified betwixt the King of Sweden, and the Elector of Brandenburgh personally.

Order of the Sessions of Middlesex, for suppres∣sing disorderly Innes and Ale-Houses.

[7.] The Lord Commissioners Fiennes, Strick∣land and Whitelock went to the Sweedish Ambassa∣dors House as Commissioners from the Protector to Treat with him, where they had a long debate touching Levies of Soldiers, and hiring of Ships in one anothers Dominions, which had been pro∣pounded by the Ambassador; and certain Cauti∣ons put in by the Counsel here, as to be only in such places and Ports, as the Chief Governour of the Coun∣trey where it was to be done should approve, and not to be employed against the others Friends.

Against those Cautions the Ambassador offered Reasons, That it would then be in the power of him in whose Countrey these were to be hired or levyed, to make it wholly Fruitless, by appointing inconvenient places, as by his Master in Finland, or by the Prote∣ctor in Ireland, or the like.

To which the Commissioners answered, That the Chief Governour of the Countrey knew best the Con∣dition of it, and the State of Affairs there, which might be much endamaged, if the stranger should have the appointment of the places; and then if either had a mind to break the Treaty, It would not be difficult to find an occasion for it; And that in these cases there must be a mutual considence in the Justice and Honour of each other.

After much debate this Expedient was pro∣pounded and not held unreasonable, That the chief Governour of the Countrey, where the Soldiers were to be levyed or Ships hired, In Case he should not think fit to consent to the place desired, he should then appoint some other convenient place for the accommoda∣tion of the party desiring it, and as near as might be to the place which he desired.

As to the not Imploying the Soldiers or Ships against the Friends of the Party in whose Coun∣try they were had, it was propounded by the Ambassador and not opposed by the Commissio∣ners, That the Soldiers might be employed defensively, as in Garrisons, but not offensively against the others Friends.

But concerning Ships, the Ambassador insisted upon a Liberty to imploy them against the others Friends, if those Friends attempted any distur∣bance of the Seas or Trade of him that hired the Ships; and both parties instanced in case of the Kings of France, or Denmark; but neither instan∣ced in case of the Hollanders, though they were most intended.

The Point was left to further Consideration, and there were other debates concerning the Form of Passports for Ships, pursuant to the Treaty made by Whitelock in Sweden, to which they refer∣red

it; and also that point of the disturbance of Navigation; after long debate such Passports they held would occasion deceipt, and hardly be so framed as to avoid it.

In discourse with the Dutch Ambassador, he was passionate even to indiscretion, blaming the neg∣lect of sending to the King of Sweden from the Protector, and urging the Necessity of yet doing it speedily. Being asked for what End; he an∣swered, Concerning Trade, and to prevent the doing of that which would be a hinderance to it, intimating the Kings great Successes. From the discourse it might plainly be Collected, that he laboured to get an Ambassador sent from hence to Sweden, chiefly for the advantage of their Trade.

Collonel Nappier being in France, and in good repute there, sent his Brother into England to pro∣cure leave to Transport some Irish from Ireland into the Service of France as a Recruit to his Re∣giment there. But the Protector was not willing to suffer the Irish to go into the Service of France.

[9.] The Sweedish Ambassador received new Advices from the King his Master, concerning the great business of Uniting the Protestant Interest; and owned that he had sufficient Instructions to conclude upon the General; but that particulars could not so soon be determined, nor so well as upon the place; That it would be a difficult mat∣ter to Unite the several Protestants who have dif∣ferent Interests, and that it would prove a long business: Therefore his opinion was, That it was not a Seasonable time for a general Ʋnion of the Pro∣testant Interest. But that if the King of Sweden and the Protector made a Conjunction first, they might fall upon the Emperour and the House of Austria, which would be of great advantage to England, especially now they had War with Spain: and that some Supply of Money and Men afforded to the King upon such a design, would be of more benefit to the Protector than the sending out of great Fleets to the Indies, and to the Coast of Spain; which would return no benefit to this Nation. But it was answered, That notwithstand∣ing the vast Expences of our Fleets at this time, yet a War being begun with Spain, it must be maintained, and the War prosecuted with Vigor; the People of England being ever contented to bear the Burden of their Taxes, rather than the Injuries, and Insolencies of their Enemies.

The Opinion of the Swedish Ambassador was plainly to be collected, not to admit the Dutch to be Joyned in a Treaty with us; affirming, That if we would have the Dutch to be equal with us in point of Trade, he thought it the way to over∣throw the Trade of England; The Dutch being able to Sell at under rates, trading with less charge both for Ships, Men and Victuals, than the English could; with this, That the King his Master did not look upon the Duke of Briganza or the King of Portugal, but upon the Salt that came from thence; nor upon the King, or Parliament, or Protector of England, but upon the Cloth and Na∣tion; acknowledging a due Civility to whomsoe∣ver they found Chief in the Government. That it was the same reason for the Dutch to follow their Trade in the Baltick Sea, as they might, whether the Commodities thereof were in the hands of King Cassimere or of his Master. It was objected, That if they were all in one Hand and Power, unreasonable Gabels might be required, He answered, That when that was, they might com∣plain; but he believed, it would not be at all.

[13.] Fiennes, Scrickland and Whitelock pro∣ceeded in the Treaty with the Sweeds Ambassador at his House; they had long debates touching Contrebanda Goods, in which list was inserted by the Councel, Corn, Hemp, Pitch, Tar, Money and other things. The Ambassador said, That if they would likewise add Copper, and Iron, it would take in all the Commodities of his Masters Dominions, and he might insist upon Cloath to be added, which was as necessary for Soldiers, as Corn and Money.

They answered, That the particulars added were most usefull for War, especially for our present Enemy the Spaniard, and it was our Interest to debar him thereof.

The Ambassador said, that in the Enumeration of Contrebanda Goods, the present Condition of Affairs was not to be looked upon but how they were when the Treaty was made with Whitelock in Sweden, by which the Enumeration was to be made within 4 Months then following; And that as Hemp, and Pitch were necessary for Ships of War, so they were also for Merchandise, which was not intended to be barred.

Whitelock then gave them an account of the Treaty made with him, and how that agreed the Enumeration to be; and what debates were in Sweden with him about it, but referred by him to an after Enumeration.

It was alleadged also, That Contrebanda Goods were such as were ready for present use of War; Not such as were Materials for Preparation; and they urged, that they had made the like Enumera∣tions in other Treaties, and a saving of Corn to be no Contrebanda Goods, else it had been includ∣ed; and they said, that there was no certainty what Goods were or were not Contrebanda, but as was agreed by Stipulation.

This was referred to a further Consideration, and a more full Answer to be given to it.

They had likewise debate touching the Form of a Passport in pursuance of Whitelock's Treaty, at which the Commissioners did stick, and offered their Objections as formerly they had done, but could not come near to an Agreement. At length the Ambassador propounded, That a free Ship should make Free goods, and Free goods a free Ship, which was not held unreasonable.

At their parting the Ambassador also propound∣ed to take into Consideration at their next meet∣ing, the giving of satisfaction for the Losses sus∣stained by either part, in the late Wars between England and Holland; with the rest of the parti∣culars in Whitelock's Treaty referred to a future Consideration and Treaty; whereof Whitelock gave them an Account.

[20.] The Swedish Ambassador kept a Solem∣nity this Evening, for the Birth of the young Prince of Sweden.

All the Glass of the Windows of his House which were very large being new built, were taken off, and instead thereof painted Papers were sitted to the places with the Arms of Sweden in it, and in∣scriptions in great Letters testifying the rejoycing for the Birth of the young Prince; in the inside of the Papers in the Rooms were set close to them a very great number of Lighted Candles, glit∣tering through the Papers, the Arms and Colours, and writings were plainly to be discerned, and shewed glorious in the Street; the like was in the Stair-Case, which had the Form of a Tower.

In the Balconies on each side of the House were Trumpets, which Sounded often 7 or 8 of them together. The Company at Supper were the Dutch Ambassador, the Portugal and Brandenburgh Residents, Coyett Resident for Sweden, the Earls of Bedford and Devon, the Lords St. John, Ossery, Bruce, Ogleby, and 2 or 3 other young Lords, The Count of Holac a German, the Lord George Fleet-wood,

and a great many Knights and Gentlemen, besides the Ambassadors Company.

[25.] The Swedish Ambassador went to visit Whitelock and told him, That now the Business of sending an Ambassador from hence to Sweden was over, and there was at present no occasion for it; for this, their reasons he alledged were, a Peace concluded betwixt the King of Sweden and the Elector of Brandenburgh; And the proceeding of the Treaty here. Intimating, that he was suf∣ficiently Impowered to conclude what was at pre∣sent requisite between his Master and the Prote∣ctor; and that there was no likelyhood but there would be also a good understanding between the King of Sweden and the Ʋnited Provinces.

[28.] Some of the Swedish Ambassadors Gen∣tlemen had a little Quarrel with two Fidlers in a Tavern, and beat them for calling the Gentlemen Swedish Dogs, and other foul Language, and ill carriage of the Fidlers who were drunk; yet Al∣derman Tichburn bound over the Gentlemen to the Sessions, being apprehended by a Constable; and the Fidlers in actions of Battery against one of the Gentlemen, had a Verdict for Forty pounds Da∣mages. The Ambassador was highly exasperated at this afront, and as he called it, breach of the Pri∣viledge of an Ambassador, and complained of it; upon which his Servants had no further Trouble; which gave full Contentment to the Ambassador.

[29.] Fiennes, Strickland and Whitelock went to the Swedes Ambassadors House, where they pro∣ceeded in the Treaty, and had much debate upon the Article of Restitution, which the Ambassador pressed as pursuant to Whitelock's Treaty, and in∣stanced in several Cases wherein his Masters Sub∣jects had received great Injury and Damage by the Capers of England in time of the War betwixt them and the Ʋnited Provinces.

Whitelock acquainted them with his proceedings upon this point in Sweden, that it was there de∣manded to have Restitution made to the Swedes; which he denied upon these grounds.

1. Because such an Article would seem to admit a wrong done to the Swedes by the English, and that Justice could not be had for the same.

2. Because such Injuries were relievable in the Or∣dinary Course of Justice in England, as in the Admi∣ralty Court, and upon Appeals.

3. Because no Restitution could be expected, untill the damage and wrong were first made to appear, which could not then and there be done, and was not to be admitted without proof.

At length this Epedient was agreed on there, That Restitution should be made to either part for dam∣mage Sustained; and, as it is in the Article.

After long debate, and many Complaints now made by the Ambassador, wherein the Admiralty Court here was much reflected upon, and the de∣laies and Injustice of that Court by him opened, and not spared: it came to this Close.

The Ambassador was desired by the Commissio∣ners, that his Secretary might prepare Abstracts of such particular Cases as he thought fit to insist up∣on to be presented to his Highness and the Coun∣cel; who would thereupon cause an Examination to be made of the particulars, and would give Or∣der that right should be done as the Cases should require.

It was now also agreed, That at the next meet∣ing they should proceed to a perusal of all the rest of the Matters remaining to be Treated on, that af∣ter a view of the whole they might come to parti∣cular Resolutions, and Agreements.

March 1655.

The Mayor, Aldermen, and divers of the Com∣mon Councel of London, being sent for came to the Protector who told them the reasons of his appointing Major-Generals in the several Coun∣ties, as a means to preserve the Peace, to suppress wickedness, and to encourage Goodness, and have∣ing found the good effects hereof in the Counties, he thought fit to appoint Major-General Skippon for the same end in the City; And that all care should be had of their Immunities, and Govern∣ment.

Orders published of the Sessions in Middlesex, for the punishment of Rogues.

Intelligence of the King of Sweden's Successes in Poland.

That Bishop Goodman of Glocester dyed a Pa∣pist.

A Declaration for a Fast-Day.

Some Prizes taken of Ostend.

A Soldier that killed a Gentleman in Lincolne, was sent to the Goal.

The Queen of Sweden imbarqued with 5000 new raised Foot to carry to her Husband into Prussia.

Letters from Scotland of Popery increasing there.

From Ireland of new designs of Rebellion: care taken for prevention of both.

The Articles of Peace published between the Protestant and Papist Cantons of the Switzers.

The Plague swept away many thousands of the Irish.

Monsieur Bordeaux the French Ambassador arri∣ved in England, March, 26.

New Commissioners for the Customs appoint∣ed.

News of the King of Sweden's Successes in Prus∣sia and in Poland.

Of the King of Scots Conference with the King of Spains Officers.

Letters from Scotland, that all there was quiet.

Mr. Meadow was going for Denmark, Agent for the Protector.

Fiennes, Strickland and Whitelock went to the Swedish Ambassadors House, and proceeded in the Treaty with him; The debates were upon mat∣ters of Trade; The Ambassador thought the de∣mands not equal, that the English should pay no greater Impositions in the King of Sweden's Ports, than his own Subjects paid; and said, That the former Articles were reciprocal, and that herein nothing was offered for the Swedes priviledge in the Ports of this Common-wealth.

The Commissioners answered, That, this being granted to the English, would cause them to fre∣quent the Kings Ports, to bring a great increase of Trade thither, to have Ships there in a readi∣ness to be hired for his Majesties Service, if he should have occasion, and that they were better fitted for War than any other Merchants Ships in Europe: and that if his Excellencie should think fit to propound any thing on the behalf of the Swedes, the same would be taken into due Conside∣ration.

The Ambassador replyed, That Neither the English, nor any other Nation did afford equal pri∣viledge to Strangers in point of Impositions, as to their own people, but made a difference as to the persons; only in Sweden the difference was not made as to the persons of Swedes, but as to Swedish

Ships; whosoever brought any goods in them paid less Impositions than others, which was done to increase their Shipping, and to prevent the deceipt of Strangers Consigning their Goods to Swedes names, that thereby they might Pay the less Cus∣tom.

Whitelock told them, that this was the Work of the wise old Chancellor, whereby they did, not only increase their Ships, but likewise were provid∣ed of Mariners for those Ships, which was the greatest want in Sweden as to their Navigation; and the deceipts of Strangers venting their goods in Swedes names, was also thereby prevented.

This Matter was referred to further Considera∣tion, and they proceeded to the demands for Set∣ling the Trade and Priviledges of the English Mer∣chants in Prussia and Poland, wherein Whitelock ob∣served to them the injustice of the Sealing the Eng∣lish Cloaths at Dantzick and the Not confirming of the general pact of Prussia, agreed to be done for∣merly in relation to the English by the King of Po∣land, who had not kept his word therein.

The Ambassador answered, That his Mr. was but newly Mr. of Poland and Prussia, which he hoped (by the blessing of God) to keep; That he was not Mr. of Dantzick; and prabably he may have granted and confirmed to those Towns that had submitted to him their ancient Priviledges: And that he could not grant to the English there any thing con∣trary to those Priviledges of the Townes, which he had confirmed; and this was thought reasonable, and not to be pressed further than might stand with the Confirmation of priviledges which the King had granted to the Townes that were come in to him.

The Ambassador then propounded, That the English might have all the Trade of Russia brought down the River Volga into Narva the King of Sweedes Port upon the Balticke Sea, and by that meanes save the going about to Archangel; which voyage can be made but once in a year, but to Nar∣va may be made 3 voyages in a year.

Whitelock informed them of much discourse be∣tween the old Chancellor and his Son, and him a∣bout this Matter; and the Ambassador having his Mapps there, Whitelock shewed them the great difference of the Voyage going about by Norwey and the frozen Sea to the Archangel, and going through the Balticke Sea to Narva; He shewed them likewise that there was a probability of hav∣ing the Persian Silks and Commodities from the Caspian Sea to the River Volga, and from thence to be brought to Narva; and thereby to save that vast voyage which Merchant-Men now take of going to Persia the usual way.

But Whitelock objected now as he had done for∣merly to the Chancellor, That it would be difficult to procure the Russes Commodities to be brought down to Narva, and to satisfie the Empe∣rour of Russia that he should be no looser in respect of his Customs, which he now received at Archan∣gel; and the goods being brought to Narva, the Customs would be payable there to the King of Sweeden.

To which the Chancellor then answered, That the people of Russia would be more willing to bring their Commodities to Narva, than to Arch-Angel, because it would be done at a less Charge almost by the halfe, and that the Emperor would be no looser as to his Customs; for the same Cus∣tom which was now paid at Arch-Angel would be paid at Blesgo a Town of the Emperors whither the goods must be brought before they came to Narva; and that notwithstanding the payment of Custom twice, yet the Commodities would be afforded at easier rates than they are at Archangel, by reason of the cheapness and conveniency of bringing them to Narva.

All this was agreed unto by the Ambassador, who inserted a Story of a Dutch-man who observ∣ing the Boats passing upon the Volga to be manned with 300 Men in a boat, who in a Storm and high Wind held the bottom of the Sayls down, this Dutch-man offered to the Emperor that he would shew him a way how with 30 Men in a boat they should be as well Manned as now they were with 300 men in a boat, and so the Charge to be lessen∣ed; but the Emperor called him Knave, and asked him if a Boat that now went with 300 Men, were brought to go but with 30 Men, how then should the other 270 Men get their living.

After long debate upon this and the other par∣ticulars of the Treaty, they were deferred unto a more full Answer upon further Consideration, and a new Meeting.

[5.] The Commissioners were summon'd to meet at Whitehal with Thurloe, to look over to∣gether the several matters which had been treated on with the Swedish Ambassador, and to consider how farr it was fit to go on to an agreement, and wherein not to consent, that so they might come to some conclusion with the Ambassador.

The Lord Major, Aldermen, and Common Council of London were with the Protector.

[11.] The Commissioners were with the Swedish Ambassador, and most of the Articles, for Levies of Men, and hiring of Ships, and for the Passe-ports and Contrebanda Goods, were near a∣geed between them; The Articles for Trade, and restitution for Damages in the time of War be∣tween England and Holland, were not concluded, but deferred to another time; In the mean while the matters agreed upon, were ordered to be drawn up in Form.

[13.] The Swedish Ambassador did very ear∣nestly press that his business might be brought to a Conclusion, because he had long attended, and the King his Master grew very Impatient of his long stay here, and had commanded his return, and looked upon the neglect to his servant, as reflecting upon his own honour. The Delay was excused, and some occasion of it alleaged to be the Lord Fiennes his absence, who was gone into the Coun∣try.

[31.] The Council voted, That Pitch, Tarr, Hemp, and Flax, should be taken as Contrebanda goods, during the War betwixt us and Spain.

In case the Treaty here with the Swedish Am∣bassador came to a good conclusion, The Lord George Fleetwood had commissions to Levy for the King of Sweden 2000 men more than the 4000 al∣ready granted, and designed to form those 2000 into two Regiments, and to be Collonel of both those Regiments himself.

The Commissioners of the Treasury had a con∣stant weekly account of all the Receipts and dis∣bursement, of that great Revenue; which being so often taken, made it the more easie, and gave them the more opportunity of ordering the same to the best advantage of the Common-wealth; and as they received this account from the Officers under them, so they gave information to the Pro∣tector how it was from time to time, with their advice concerning the same.

Notes

• Plot.
• Blake.
• Cromwel.
• Sweden. Lauder∣dail.
• April.
• Chancery.
• Reasons.
• Visitors.
• Pen.
• Jesuits.
• Judges put out.
• Chancery.
• May.
• Pen.
• Barbadoes.
• Piedmont.
• Chancery.
• June
• Lenthal.
• L'Isle.
• Blake.
• Commi∣ssióners of the Trea∣sury.
• Venables.
• Hispanio∣la.
• July. Jamaica.
• Denmark.
• Swedish Ambassa∣dour.
• Treasury.
• Swedish Ambassa∣dour.
• Reception.
• Audience.
• August.
• Ambassa∣dours Speech.
• Protectors Answer.
• General Pen. 〈◊〉〈◊〉
• Venables.
• Queen of Sweden.
• Piedmont.
• Scotland.
• Spain.
• News.
• Blake.
• Novem.
• Swedish Ambassa∣dor.
• Ireland.
• Commit∣tee of Trade.
• New rai∣sed For∣ces.
• Ireland.
• Decem.
• Swedish Ambassa∣dor.
• Scotland.
• Queen Sweden.
• Jews.
• Jews.
• Manning.
• Ambassa∣dors.
• Piedmont.
• Dish.
• Jamaica.
• Swedish Ambassy.
• Januar.
• Addresses.
• Soldiers.
• Februa.
• Indians.
• Scotland.
• Sweedish Ambassa∣dor.
• Cautions.
• Expedi∣ent.
• Dutch Am∣bassador.
• Irish.
• Sweden.
• Debates.
• Sweden Birth-day.
• Ambassa∣dor.
• Fidlers.
• Ambassa∣dors de∣bates.
• Admiral∣ty.
• March.
• Major-Ge∣nerals.
• Swedish Ambassa∣dor.