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of the Proclamation, there is not one word re-, mercy, which way soever the proceedings lating to a Trial; but the parliament were passed.” busy in proceeding upon the Act of Oblivion, Debute thereon.) After this Report was and issued the Proclamation, that they might ended, the commons fell again into a debate know in what rank to place tbese men: and on the question, Whether they should agree admitting that this Proclamation, as to the or not agree with the lords in this malier.holding forth of benefit to those that came in, Mr. Prynne inoved first for agreeing, and was amounts at highest to an implication; yet, seconded by sir Royer l'almer.--Mr. Howard being an implication, on which men have put said, That the late king cloathed them in their lives, it was dishonourable (as a worthy scarlet, and had turned their iron into brass, member enforced it) to retract the benest held their brass into silver, and themselves into forth by the Proclamation. It was likewise gold: that this prince should be murdered at observed, by the same worthy inember, That his own door, would make them seek out such to except them as to a trial signifies nothing; a punishment for it, as the exquisiteness of a for they that do not come in are, however, ex- woman could invent: bot the honour of the cepted as to a trial. To which his lordship house being engaged, he moved to adhere; answered, It is true, that in the consequence and to banish or immure thein, that they of it, and as things now stand, it is so: those should never see the sun more, which would that come not in will have the benefit of a be worse than death.-Sir Heneage Finch trial if they be taken, as well as those that do could not agree with the lords as to those who come in : but, at the time of the Proclama- were dead; nor with them, as to those who tion, it might have been expected to be other- sat upon the lords; and was willing to leave wise; and that those who did not render them- Vane, Haselrig, Lambert, and Axtell, to the selves should have been, ipso facto, attainted, king. --Sir George Booth moved for another and executed whensoever found. His lordship conference with the lords, in hopes there might instanced the example of Scott, who professed, be some other expedient offered.--Mr. Bayoton for himself, that he rendered on the account was for reading all petitions that came from of the Proclamation, though his render will these men.-Mr. Trevor was for adhering, and not serve his turn : for that render, which will pot to violate the public faith which had been save his life, must be a render to the Speaker given.--Mr. Gott was for adhering also, beor sheriff; to which he cannot pretend. But cause he did advise some friends to come in.-his lordship added, That if that be the mean- Sir Gilbert Gerrard said, that he invited seing of the Proclamation, to extend benefit of veral to come in on the Proclamation; and life to all that rendered themselves, the equity therefore could never give bis vote to agree. is the same, as to bim: for if a man hear of Both these last gentlemen moving, also, for the Proclamation, and that be should have the another free Conterence with the lords, it was benefit of it if he rendered himself to the voted; the same managers as at the last, were Speaker or sheriff, and hastens to do it, but, deputed for this also. being not able to do it within the time, renders But before this last Conference was desired, himself to a public minister, it would be hard the Heads of it, as drawn up by the committee, to make bim incapable of the benefit intended were read in the house and approved of by - by the Proclamation. Therefore bis lordship them. These lleads are entered in the Jourobserved, those that rendered themselves must nals of the commons; but since they will be not necessarily have the benefit of their lives. better understood by the Report of then made -It was then urred, that their lordships had afterwards in the upper house, and from the excepted persons that are dead; Constable, MS. Diary, we postpone them. Observing, Mauleverer, Danrers, and others; and that that the commons, in order to bend somewhat the excepting of them out of the Act of Ob- to the lords, and that this last Conference livion signifies nothing: but the place where might be made final and conclude this affuir, the commons had put them, was, that their entered previously into the following debate estates should be subject to future penalties: about it :-Mr. Trevor, who reported some a bare exception subjects not their estates to things to be offered at the next Conference future penalties; but, when the Act passes, the with the lords, said, That such of the king's heir and executor is discharged, though the judges as were excepted against might be ancestor be excepted. To which his lordship banished, never to return. If that was not replied, They knew the exception of itself yielded to, then to refer them to another act operated nothing; but they supposed and be for life, but to spare tliein in this. Sir Helieved the persons excepted by this Act would neage Finch told the house, That if they spared (as well as Bradshaw and Cromwell) be at- Vane, Haslerig, Lambert, and Axtell, they did tainted, for their guilt was cqual, and they it not out of favour, but to leave them as living might deserve alike. For the 4 persons; it monuments of their villainy, and the houses was observed, That to except Vane and the dislike: urging that saying of David, Slay rest, so as to involve them in the danger of them not lest my people forget it.'-After this, life and estate, and in the mean time to peti- the house voted to agree with the lords, as to tion for their pardon, was repugnant in it- except Axtell for life. self. To which bis lordship made no reply, Mr. Thomas moved to have somebody die other than that still they were at the king's for the kingdom as well as for the kiog, and
named sir Henry Vane. Sir Ralph Ashton by sir Heneage Finch, in these words :-" The said, That sir H. Vane told him, after the battle lord-chancellor told us, how unhappy soever of Worcester, when the king escaped, and sir former conferences have been, this, he doubted Ralph Ashton asked him,. Where is your not, would be happy to the king and kingdom, • Providence now, which
you have so oft spoke and beget a chearful-submission of all people uf, since the king is escaped ?? To which he to the determination of the parliament : he replied, “ If the inan was above ground they said he would repeat nothing of what he had • would bave bim.' Sir Anth. Irby said, That formerly said; for though the lords might have since they had taken all he had, they might insisted, in the Reasons they formerly offered, well spare his life. Mr. Hollis said, 'It was yet they have now complied with this boise in his majesty's pleasure to except only those effect, though not in form. The expedient for who were his father's Judges, which Vane was a final conclusion of the difference was this; not.—But one Mr. Lowther speaking against That those gentlemen that rendered themVane, it was voted, To agree with the lords, as selves on his majesty's proclamation, should to except him for life.
stand in the same classes as in the lords Nexi, came on the trial of gen. Lambert, Amendments formerly sent down ; that is, as who was also excepted by the Lords; when it persons generally excepted for life and estate: was moved hy sir Allen Broderick to put bini but, to qualify that, they offered a clause to be to a short question. Mr. Annesley moved, added by way of Amendment, wherein the To read his Petition first. Sir George Booth names of those persons who rendered themspoke in Lambert's behalf. Mr. Swinfen selves (their lordships know them not, and so moved to agree with the lords; but to peti- have left the. Paper with a Blank for that) tion the king to be merciful to them.---The upon an opinion, that they might safely do so, question being called for, and put, it was and bave not fled to avoid the justice of the Foted, That Lambert should also be excepted. parliament, (who, he conceived, will be looked
Lastly, a motion was made against cir upon otherwise, as persons that have lost the A. llaslerig. Mr. Tomkins said, That sir Arthur benefit of the Proclamation) may be inserted told him, when the first short parliament was by this house; and, he supposed, a special dissolved, That the king should repent that care would be bas of securing their persons." day's work with every vein in his body. On And then the reporter read the said Clause, the other hand, the knight had many speakers being as followeth : “ But in regard the said in his behalf. Mr. Petty moved for him, be- have personally appeared, and rendered cause the General engaged for him. Mr. themselves according to the Proclamation, Annesley spoke also in behalf of him, and to bearing date the 6th of June, 1660, to summon bear his Petition before the question was put the persons therein named, who gave judgMr. Young for him, alledging his rashness, ment, and assisted in the said horrid and dewhich inade him not a dangerous person. testable Murder of our said late sovereign, to Lord Ancram said, He was the main man that appear and render themselves; and do pretend stirred up the Vote of no more Addresses to thereby to some favour, upon some conceived the late king ; saying to the Speaker, “Shall doubtful words in the said Proclamation : be we believe that man of no faith and moved it enacted by this present parliament, and the to put him to the question. Sir Roger Palmer authority of the same, (upon the humble desaid, That sir Arthur told him, " If Charles sires of the lords and commons assembled in Stuart do come in, it was but three wry mouths parliament) That if the said
or any of and a swing,' and therefore moved against them, shall be legally attainted for the horrid him.—Sir A. A. Cooper was for executing treason and murder aforesaid, that then, nenobody but those who were guilty of the vertheless, the execution of the said person king's blood, and said, He thought this man and persons, so attainted, shall be suspended not considerable enough ; but moved to put until his majesty, by the advice and assent of him with the rest. Col. Birch, by desire of the lords and cominons in parliament, shall the general, spoke for him. Sir John Bow- order the execution, by act of parliament to yer was for having him walk to the gallows be passed for that purpose." with the rest, and then come back again. The Reporter proceeded : “For that, relating However, at last, the question being put, to the persons dead, (whom their lordships had the house divided upon it, Whether sir A. put in that fatal clause, with an expectation Haslerig should be included with the rest?lihat we would pass an Act for the future The numbers on the division, were 116 to 141. attainder) their lordships have departed from
After this last Vote was passed, and sir Ar- their resolution in that point, and permit thor spared, Mr. Pierepoint moved, That the them to continue in the classes wherein we king might be petitioned, that Lambert and placed them; whereby they are adjourned to Vane should not be tried for their lives by law; the penalties which shall be inflicted on them which was agreed to.
by a future act; expecting only a bill of atThe last Conference between the two Houses tainder of Cromwell
, Bradshaw, Ireton, and on the Indemnity Bill.] Aug. 25. The lords Pryde. For the other part, wherein we have sending to desire another Conference with agreed for excepting Axrell without further exthe commons, they met accordingly, and the pectation, and Vane and Lambert with expecReport of it was made in that house afterwards, tation of a further address on their behalf, their lordships agrec in that. For that wherein and all. Sir; amongst your many illustrious we differed about sir Arthur Haslerig, upon titles, which, like fair and beautiful flowers, do what was offered by a member of our house, adorn and bedeck your royal crown, there is and since, by the duke of Albemarle, they one exceeds and excells all the rest, as well in found bis case distinguished from the other virtue as in beauty, and that is your title of two, and agree with us as to him.--And for Defender of the Faith.' Sir, as that title is the last 4 ; though their lordships saw rery your honour, so the truth of it is our happigreat reason to adhere to that for justice and ness. Neither the highest provocations, nor example sake; vet, baving taken our Reasons the strongest temptations, that ever prince into consideration, and believing the good met withal, have been able to shake your vicreport we gave of some of them, their lordships torious faith, nor abate your holy zcal; witdeparted from that reason in that point, and ness your first Act, after your return to the leave them to disability only, as we pro- exercise of your regal power, in your early and pounded."-Resolved, That this house doth timely suppressing profaneness, and discounagree with the lords in the matters commu- tonancing debauched persons, who know not nicated by the lords at the said Conference. how to express their thankfulness unto God Ordered, That it be referred to a committee for mercies, but by a sinful drinking them to dispose the Alterations, made by the lords away; a practice your soul abhors. And as this day, into their proper places in the Act of it is your highest honour to be the Defender of Indemnity ; and to inform themselves, which that' Faith which we profess; so it is the of the Judges of the late king's majesty ren- greatest interest, prerogative, and privilege dered theinselves upon his majesty's Procla- your majesty can be endowed and invested mation ; and which of them are now in the withall in this world, and will be your most serjeant's custody; or how they are otherwise lasting comfort in the world to come, that disposed.
God, who hath hitherto been a sun to direct The Bill of Indemnity concluded.] All ob- you, will be a shield to protect you; and stacles being now removed, and matters en- that faith which you defend will defend you tirely settled between the two houses, con against all your enemies, maugre the malice of cerning the Bill of Indemnity, Mr. Hollis was the Devil and all his wicked instruments ordered to return it to the lords. At the same Royal Sir, your eminent virtues, and those time to desire the lords humbly to intreat his excellent qualifications that God hath besmajesty, that he would please to come to the towed upon you, to make you every way house the next morning, to pass it and the other worthy and fit for government, invites us at Bills which were ready for the royal assent. To this time, with joyful hearts, to makc our humwhich Mr. Hollis brought Answer, That the ble addresses unto your majesty, and to give lords would do as desired.
you a chearful account of our proceedings this The Speaker's Speech to the King on pre-parliament, wherein we have spent our whole senting the Bill of Indemnity, &c.] Aug. 29. time upon public Bills; some, we must confess, This day the King came to the house of lords, of very great concernment to your majesty and and his majesty, sitting in his chair of state, all your people, are not yet ripe, nor brought commanded the gentleinan. usher of the black to perfection : but though, like an after-crop, rod to give notice to the house of commons, yet, with the fair weather of your majesty's that it is his majesty's pleasure they come up, wonted patience, we hope likewise to inn them who being come up, their Speaker addressed well at last, to your majesty's full satisfaction, his majesty in the following terins:
and the great contentment of all your loyal “ Most Gracious Sovereign; Not many and faithful subjects. Some Bills are passed months since England was but a great prison, both houses, and already lodged here, which where the worst of men were our governors, attend and wait for your majesty's royal assent, iánd their vilest lusts the laws by which they and I shall humbly beg the favour only but to governed. The great and most wise God con- touch upon some of those of most public veyed divine intelligence into your patient and concernment by the way, and in transitu, to pious soul, and taught you how, by suffering that Bill here in my hand.-Sir, there is one for us, to deliver us from our sufferings; to bill now before you, intituled, 'An Act for the knock off our shackles, and set your people at Confirmation of Judicial Proceedings.' Tbe liberty, when neither power nor policy could scope and intendinent of that bill is to settle effect it. So soon as your majesty set your men's estates, which is the way to quiet their foot upon your English shore, our prison was minds, and, when their minds are at rest, Lurned into a paradise of pleasure, and the there will be no fear of their breaking the whole nation filled with joy, and love, and peace, or forfeiting their good behaviour any peace.-Sir, this great blessing is already re- more in time to come.-There is another Bill, gistered in your people's thankful hearts, and intituled, ' An Act to prevent the taking of they desire that the memory thereof may be excessive Usury. The restraining men of ava"perpetuated; and therefore they have laid it ricious minds, whose consciences are as large up amougst their choicest jewels, and annexed as their bags, will be a great ease to your peoit to their Magna Charta ; which they are ple, and an enablement to your merchants the willing to pawn unto your majesty, upon con- better to go on with their trades. They are dition, when they forget this, to forfeit that the laborious bees that bring in honey into your majesty's hive ; and userers are the lazy , discharge and dispatch that work: And they idle drunes that rob your hive of the honey. - bumbly pray your majesty's gracious acceptThere is another Bill, intituled, “ An Act for ance thercof, and your royal assent thereunto: a perpetual Anniversary Thanksgiving to be --I am further to inform and assure your maobserved and kept upon the 29th of May.' A jesty, that your people have passed another day that God hiniselt' was pleased to honour and Supply and Revenue unto your majesty, which adorn with a new additional star, never seen far surmounteth all they have already done in before nor since; a star of rare aspect, which value, and that is, their hearts and affections; declared, to all the world at once, the happy having their hearts, your majesty may comliews of your majesty's blessed nativity: and mand their Purses.—Most royal sovereign, as it was your majesty's birth-day, so it was We have nothing more to offer, or to ask, at the day of your Restoration to your kingdoms, this time, but your majesty's gracious tavour, parliament, and people; and likewise the day so soon as your service and the public ailairs of your people's re-creation out of a chaos of will permit, that we might have leave to go coufusion and misery: and therefore they hum- into our countries, where we shall make your bly pray, That not only we (for there would need people sensible of their happiness, in having no act for that so long as we live) but that our such a king to govern and rule over them; posterity, and the ages that shall succeed us, and as we praise your majesty, so likewise tó might for ever be obliged to set apart that day pray for your majesty, that you may live long, as a holiday, to dedicate their praises and and reign prosperously.”. thanksgivings up unto Almighty God for bis The King's Specch.] Then lis majesty was miraculous deliverance of this poor nation, when pleased to give bis royal assent to the said it lay in dust and ashes, in a most miserable, Bills; after which, lie made the following very desperate, forlorn, and deplorable condition. gracious Speech : There is another Bill, intituled, “. An Act of My lords and gentlemen of the house of free and general Pardon, Indelunity, and Ob.commons; I have been here some times before livion.' It may well be called a free Pardon; with you, but never with more willingness than for your majesty was pleased to offer it before I am at this time; and there be few men in the we bad confidence enough to ask it, and at a kingdom who have longed more impatiently to time when your people had most need of it: have these bills passed, than I have done to And it may as truly be called a general Pardon, pass them; and, 'I bope, they will be the founin respect of the extensiveness of it. But look-dation of much security and happiness to us all. ing over a long, black, prodigious, dismal roll I do very willingly pardon all that is pardoned and catalogue of malefactors, we there meet by this Act of Indemnity, to that time which is not with men but monsters, guilty of blood, mentioned in the bill; nay, I will tell you, that, precious blood, precious royal blood, nerer tó from that time to this day, I will not use great be remembered without tears; incomparable in severity, except in such cases where the malice all the kinds of villainy that ever was acted by is notorious, and the public peace exceedingly, the worst of miscreants, perverters of religion; concerned. But, for the time to come, the subverters of government; false to God; dis- same discretion and conscience which disposed loyal to the best of kings: and perfidious to me to the clemency I have expressed, which their country: and therefore we found an ab- is most agreeable to my nature, will oblige me solute and indispensible necessity incumbent to all rigour and severity, how contrary soever upon us, to except and set some apart for it be to my nature, towards those who shall not treacle, to expel the prison of sin and rebel- now acquiesce, but continue to manifest their lion out of others, and that they might be sedition and dislike to the government, either made sacrifices to appease God's wrath, and in action or words. And I must conjure . satisfy divine justice. And now I am come you all, my lords and gentlemen, to concur to that Bill here in my hand, which I am with me in this just and necessary severity; and commanded bum bly to present your majesty that you will, in your several stations, be so withal.-Royal Sir, Your cominons,
the jealous of the public peace, and of my partiknights, citizens, and burgesses, now assem- cular honour, that you will causc exemplary bled in parliament, taking into consideration justice to be done upon those who are guilty the great and insupportable burden of the of seditious speeches or writings, as well as Army and Navy, that your people do now those who break out into seditious actions : groan under; and knowing, as Money is the And that you will believe those, who delight in sinews of war, so, as the state of affairs now reproaching and traducing my peron, not to stand, that it is likewise the best medium that he well-affected to you and the public peace. can be used, in order to the attaining that end Never king valued himself more upon the we have all so much desired and so long prayed affections of his people, than I do; nor do I for, the Settlement of a happy Peace: and know a better way to make myseif sure of your therefore they have passed this Bill
, intituled, affections than by being just and kind to you * An Act for a speedy Provision of Money to all; and whilst I am so, I pray let the world pay off and disband all the Forces of this see that I am possessed of your affections.Kingdom both by Sea and Land,' upon For your Poll Bill, I do thank you as much as which they hope such a sum will be advanced if the money were to come into my own coffers ; and brought in, as may be sufficient fully to and wish, with all my heart, that it may amount VOL. IV,
to as great a sum as you reckon upon. If the fit. 4. As to the forces in field and garrison work he well and orderly done to which it is within this kingdom, appearing upon the List designed, I am sure I shall be the richer by it annexed, so many of them may forthwith be in the end; and, upon my word, if I had where- disbanded as shall be thought fit. 5. And, for withal, I would myself help you, so much I the inanner of disbanding, the money being desire the business done. I pray very earnestly, prepared, I shall, upon notice from the conas fast as money comes in, discharge that great missioners appointed for that purpose, draw burden of the Navy, and disband the Army as the regiments to the most convenient places fast as you can; and, till you can disband the and nearest to their quarters, where the rest, make a provision for their support.—I do arnis may be secured for his majesty's serconjure you, as you love me, let me not hear vice, (that is to say), the foot arms, except the noise of Free-Quarter, which will be im- swords, which are their own; and for the puted to my want of care and government, how horse to deliver up what defensive arms innocent soever I am; and therefore be sure they have; their horses, swords, and pistols, you prevent it. I am so confident of your being their own likewise. --This being done, the affections, that I will not move you in any field officers of every regiment, to give passes thing that immediately relates to myself; and under their hands and seals, to all under their yet I must tell you I am not richer; that is, I command, to go into their respective countries. have not so much money in my purse as when -As to the last part of the Order, I have alI came to you. The truth is, I have lived ready given direction, that no soldiers be henceprincipally, ever since, upon I brought forth listed in any troops or companies; and I with ine; which was indeed your money, for shall take care that no officers be from henceyou sent it to me, and I thank you for it. The forth commissioned into the room of any that weekly expence of the Navy eats up all you shall die, or be removed.” have given me by the Bill of Tonnage and Debate thereon.] After the reading of this Poundage. Nor have I been able to give my Paper, the house fell into a debate on this brothers one shilling since I came into Eng- important point, in which there were many, land, nor to keep any table in my house but difficulties to get over. what I eat myseli: And that which troubles me Mr. Prynne moved to pay no- Arrears to most is, to see many of you come to me at those that were with Lambert and others, and, Whitehall, and to think that you must go some- did not submit. where else to seek your dinner.-I do not Sir John Northcot argued, That Scotland mention this to you as any thing that troubles should pay towards the disbanding of the me; do but take care of the public, and for Army. what is necessary for the peace and quiet of Sir Wm. Morrice was for having the Army the kingdom, and take your own time for my disbanded on all accounts, and said, That own particular; which I am sure you will gunpowder was made of the same ingredients, provide for with as much affection and frank- that caused an earthquake; and that, as long ness as I can desire."
as the soldiery continued, there would be a The Lord General's Plan for disbunding the perpetual trembling in the nation : that they Army.] Aug. 30. Sir Win. D'Oiley made a were inconsistent with the happiness of any report from the Committee for the Army, and kingdom; and compared the keeping of an delivered in a Paper, sent to them by the lord- Army on foot to a sheep's skin and a wolf's. general as a Plan for disbanding the Array; skin; which, if they lie together, the former which was read in the house, and is entered in would lose its wool. And again : if a sheep the Journals, as follows;
and a wolf be put into two several grates, by 1.“ That the Officers and Soldiers who were one another, the sheep would pine and die at in pay, in army or garrison, the 25th April, the sight of the other. ' Neither, said he, could 1660, shall have their just Arrear, paying or the nation appear like itself, whilst the sword defalking for their Quarters, in prosecution of was over them; and moved to pay off and dishis Majesty's Declaration, and my Engagement band the army. to the Army, upon the Address by them made, On which, the house came to the following to acquiesce in the judgment of the parliament. Resolutions : 1.“ That all the forces now of 2. That for the present subsistence of the Army, the English establishment, whether in Eng, the month's pay, appointed by ordinance of land, Scotland, or elsewhere, be disbanded parliament, in part of the 6 weeks pay now due with all convenient speed. 2. That such of upon the new account, may be forthwith is the officers and soldiers in army or garrison, sucd; that so the Ariny and Garrisons may be who were in actual service on the 25th April, put into a condition of subsistence, until so 1660, and not discharged since for not taking many of them shall be disbanded, as shall be the oaths of allegiance and supremacy, shall thought fit by his majesty and the parliament. have their just Arrear; paying or defalking for 3. Tüat the forces, that of necessity for the their quarters, in prosecution of bis majesty's present must be continued for defence of the Declaration, and the lord-general's Engagegarrisons in Scotland, are 3 regiments of foot, meat to the Army, upon the Address by them and one troop of horse : the residue now there, made to acquiesce in the judgment of the parare 3 regiments of fuot, and 11 troops of borse; liament.”—Ordered, That it be referred to the which may be disposed of as shall be thought Committee of the Army to prepare a Bill for