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June 5. The commons were still busy in | Fleetwood, Simon Mayne, James Temple, carrying on the Act of Indemnity and general Peter Temple, Daniel Blagrave, and Thuinas Pardon, and this day it was proposed to except Wayte. seven persons for life and estate, And it be- June. The house resumed the debate on ing likewise proposed, That they should be the Act of general Pardon and Oblivion, when then named, Thomas Slarrison, Wm. Say, John a Letter from Williain Lenthall, esq. the Jones, Thomas Scott, Cornelius Holland, John Speaker of the Long Parliament, was read, Lisle, and John Barkstead, were agreed on for and the question being put, That he be one of
the 20 persons to be excepted out of the general June 8. The commons proceeded to except Act of lardon, to sutier such pains and penalmore persons out of their Act of Pardon, when tics, lite only excepted, as should be thought Jolin Cooke, Andrew Broughton, and Edward proper to inflict upon him? The house divided, Dendy, solicitors and agents at the late King's and it was carried against bim by 215 to 126. "Trial, were excepted both as to life and estates. Sir Henry Vane was also voted to lie under the And having examined some Witnesses, touch- same dilemma, without any division.—The ing the person who executed the late King, above-mentioned Letter was addressed to the they resolved, That those two persons, who Speaker, and was as follows : were upon the scafiold in disguise, when the “ Mr. Speaker ; I find it not possible for detestable and traiterous sentence upon the me to take off the misapprehensions of some late king was executed, be excepted out of persons, misled by arguments, of my great the general Act ot' Pardon for life and estate. gains which I got when I sat in your chair, and
The commons, in carrying on the Act of Ob- especially that of Compositions, where it is livion, were still seeking out for such as were thought I had 51. of every compounder. It is to be excepted out of it, and had appointed a true, both houses did so order it, but very eommittee to inform themselves, by perusing shortly it was again disannulled ; so that what the Journal of the pretended High Court of I received of that was very inconsiderable, as Justice, for the Trial of the late King, what may appear by examination of the books of persons not sitting at the said Trial on the the house, and the serjeant at arms; and the 27th of Jan. 1618, did sit at the said trial, in clerks first reserving their parts, paid mine unto Westminster-IIall
, any of the days preceding, me, which is a check upon me. And as to the and to report their Names to the House. prosit concerning passing of private Bills, as it
June 9. Accordingly, Nr. Pryone, from is paid by the clerks, so it is checked as aforethe committee, brought in several Naines of said.---Before his late majesty's going from such persons, with the tiines of their sitting at London, the house took into consideration my the Trial; on which the house resolved, That great and extraordinary charge and loss, and Wm. lord Munson, Thomas Chalioner, James gave me, by vote, 6,0001. but I never to this Challoner, John Fry, Francis Lascelles, sir II. day received the one half of it ; besides which Mildmay, Rob. Wallop, sir Gilbert Pickering, I never had gift of land or money, nor any sir James Harrington, Tho. Lister, and John part of that 51. per diem which is due to the Phelpes, one of the clerks under the pretended Speaker, as Speaker, whilst be so continues. High Court of Justice, should all be excepted | I shall desire you, sir, to offer so much of this out of the Act of general Pardon and Oblivion, as shall be necessary to express me, with all for and in respect only of such pains, penalties, humility, to the house ; but not as a justifiand forfeitures, (not extending to life) as sball cation of myself, but to shew the truth of my be thought fit to be inflicted on them by ano- condition. And this will very much oblige, ther Act, intended to be hereafter passed for Mr. Speaker, W. LENTHALL.* that purpose.—At the same time, the following persons were voted to be spared for life, * William Lenthall, esq. died Sept. 3, 1662, though all sat in Judgment on the late King; and very penitent, as appears from the following the lord Grey of Grooby, sir Hardress Waller, Account, in a Letter from Dr. Ralph Bridcock, Valentine Wauton, Edw. Whalley, Isaac Ewer, who visited him in his last sickness.--"When, sir John Danvers, sir Tho. Maleverer, sir Joho says he, “I came to his presence, he told me he Bourchier, Win. lleveningham, Isaac Penning- was very glad to see me, for he had two great ton, Henry Marten, Wm. Purefoy, John Blak- works to do, and I must assist him in both; to iston, Gilbert Millington, sir Wm. Constable, fit his body for the earth, and his soul for hea. Edm. Ludlow, sir Michael Livesay, Rob. Tich- ven; to which purpose he desired me to pray borne, Owen Rowe, Robert Lilburne, Richard with himn : I told him the Church had appointed Deane, John Okey, John Ilugbson, Wm. Goffe, an Office at the Visitation of the Sick, and I John Carew, Miles Corbett, Francis Allen, must use that; and he said, 'Yes, he chiefly Peregrine Pelham, Jolin Movre, John Allured, • desired the Prayers of the Church, wherein Henry Smyth, Humphry Edwards, Gregory be joined with great fervency and devotion. Clement, Tho. Wogan, sir Gregory Norton, After prayers he desired absolution ; I told Edm, Harvey, John Venn, Thomas Andrews, him I was ready and willing to pronounce it, alderman of London, Wm. Cauley, Anthony but he must first come to a Christian confession Stapely, John Downes, Tho. Horton, Thomas and contrition for the sins and failings of his Horton, Tho. Hammond, Nich. Love, Vincent life. "Well, sir,' said he, then instruct me Paiter, Augustin Garland, John Dixsell, Geo, "to my duty,' I desired him to examine his
The lords had had an affair of their own Pri- , absent.—The lords also appointed a committee vilege before them for some time, relating to to consider of the great Violation that bath the Choice of their own Speaker in some cases : been committed upon the Peers of this realm, and, a committee being appointed to examine by restraining their persons, burning them in into this business, the lord Roberts reported the hand, refusing their Privileges when they their result to the house: “ That it is the duty have been claimed, and many other Breaches : of the lord-chancellor, or lord-keeper of the and that the said committee have power to great seal, of England, ordinarily to attend the send for all offenders in those kinds, and after lords house of parliament; and that in case examination thereof, to report it to the house. those great officers be absent from the house, June 13. The commons agreed that the and that there be none authorized, under the following persons should be of the 20 who great seal, by the king, to supply that place in were to be excepted out of the Act of Pardon, The house of peers, the lords may then chuse for pains and penalties not extending to life, their own Speaker during that vacancy." The viz. IV'm. Burton, serj! Rd. Kceble, Oliver St. house confirmed this report, and ordered it to John, John Ireton, sir Arthur Haslerig, col. be entered in the Roll' amongst the standing Win. Sydenham, Jolin Desborough, and DaOrders of the house : and, soon after, the king niel Axtell. The Trial of Bulstrode Wbitlocke, thought proper to grant a commission, under a person well known in these and former times, his great seal, to sir Orlando Bridgman, lord came also on; and the question being put, chiet baron of the exchequer, to execute that Whether the main question be now put, it place whenever the lord chancellor should be passed in the negative, 175 against 134; so lite by the Ten Commandments, and wherein make this candid confession, That it was my he found his failings, to fly to the Gospel for own baseness, cowardice, and unworthy fear, mercy. Then I read the Ten Commandments to submit my life and estate to the mercy of to bim in order, mentioning the principal sins those men that murdered the king, that huragainst each commandment. To pass by other ‘ried me on against my own conscience to act things,(under the seal of the office) when I caine with them ; yet then I thought also I might to the fifth commandment, and remembered do some good, and hinder some ill. Somebim, That disobedience, rebellion, and schism, thing I did for the Church and the Univerwere the great sins, against this commandment, sities; something for the king when I broke Yes, sir,' said he, there is my trouble;' my “the Oath of Abjuration, as sir 0. B. and
disobedience, not to my natural parents, but yourself know; something for his Return • against the pater patriæ, our deceased sove- • also too, as my lord G. M.J. T. and yourself, reign. I confess, with Saul, I beld their know : but the ill I did over-weighed the
cloaths whilst they murdered him; but herein little good I would have done. God forgive 'I was not so criminal as Saul was, for, God me for this also.' After this I remembered "thou knowest, I never consented to his death; him, That the Fathers of the Church had also 'lever prayed and endeavoured what I could been murdered and ruined, and asked, Whe
against it, but I did too much, God forgive ther he had any hand, or gave any consent • me!' I then desired bim to deal freely and therein? He answered, “No; for I always openly in tbat business, and if he knew any of • did believe that was the primitive and best those villains that ploited or contrived that government of the Church ;' and said, “I die horrid murder, who were not yet detected, he a dutiful son of the Church of England, as it would now discover them. He answered, . He was established before those times; for I was a stranger to that business, his soul nerer have not seen the alteration of the Liturgy.' entered into that secret ; but what concerns After this office, whereio, indeed, he shewed * myself,' said he, ' I will confess freely. Three himself a very hearty penitent, he again desired things are especially laid to my charge, the Absolution of the Church, which I then wherein, indeed, I am too guilty': That i pronounced, and which he received with much "went from the parliament to the Army ; that content and satisfaction ; · For,' said he, 'now,
I proposed the bloody question for trying the indeed, do I feel the joy and benefit of the 'king; and that I sat after the king's death. • Office which Christ hath left in his Church.' • To the first I give this Answer, That Crom- | Then praying for the king that he might long · well, and his agents, deceived a wiser man and happily reign over us, and for the peace 'than myself, that excellent king, and then of the Church, he again desired prayers. The "might well deceive me also, as they did. I next day lie received the Sacrament; and after knew the Presbyterians would never restore that work I desired bim to express himself to the king to bis just rights, as those men swore Mr. Dickerson, (a learned physician, fellow of they would. For the second, no excuse can Merton College, who received the Sacrament 'be made, but I have the king's pardon, and I with him) concerning the King's Death, because • hope Almighty God will shew me his mercy he had only done it to me in confession; ' also ; yet, sir,' said he, even then, when I which he did, to the same effect as he • put the question, I hoped the very putting had done to me. The rest of his time was . the question would have cleared him, because spent in devotion and penitential meditations I believed there were four to one against it; to his very last.” From an Original in Dr. but they deceived me also. To the third, I William's MS. Collections, vol. vii. No 127,
that Mr. Whitlocke was respited for that time. , the public peace and safety are the same; The commons continued to except persons and, neither we nor you must be overmuch out of their Act of Pardon, but though it had troubled, if we find our good intentions, and been voted to except no more than 20, yet they the unwearied pains we take to reduce those went on with their exceptions for Pains and good intentions into real acts, for the quiet Penalties, and col. John Lambert, Christ. and security of the nation, mis-represented and Pack, alderman of London, and John Black mis-interpreted by those who are, in truth, well, of Mortlack, were named for that pur- afflicted to see the public distractions, by God's pose.
blessing, so near an end ; and, by others, upon The celebrated John Miltop comes next to whose weakness, fears, and jealousies, the actibe questioned for writing two Books, one inti- vity and cunning of those ill men have too great tuled, “ Jobannis Miltoni Angli pro Populo an influence.-Flow wonderful and miraculous Anglicano Defensio, contra Claudii Anonimni, soever the great harmony of affections between alias Salmasii Defensionem"Regiam;" the other, us and our good subjects is, (and that is so vian Answer to a Book called, “ The Portrai-sible and manifest to the world, that there ture of bis late Majesty in his Solitude and scarce appears the view of any cloud to overSufferings." At the same time, one John shadow or disturb it) yet, we must not think Goodwin was mentioned for writing another that God Almighty hath wrought the miracle Book, intituled, “ The Obstructors of Justice," to that degree, that a nation so miserably diin defence of the traiterous Sentence against vided for so many years, is so soon and entirely the late king. These two persons were ordered united in their affections and endeavours, as to be taken into custody by the serjeant at were to be wished; but that the evil consciences arms, to be prosecuted by the attorney-general; of many men continue so awake for mischief, and, lastly, the king was desired to issue out that they are vot willing to take rest themselves, his proclamation to recall their Books, along or to suffer others to take it : and we bave all with such other Books as should be presented had too sad experience of the unbappy effects to his majesty, in a schedule from the house, of fears and jealousies, how groundless and in order to their being burnt by the hands of unreasonable suever, not to tbink it very necesthe common hangman.
sary to apply all timely and proper remedies to The King's Message relative to the Act of those distempers, and to prevent the inconveIndemnity.) This day, Mr. Secretary Morrice* niences and mischiess which too naturally flow acquainted the commons that he had a Mes-fron thence : we well foresaw, that the great sage froin bis majesty in writing ; which he violation, which the laws of the land bad for was commanded to deliver to that house, so many years sustained, had filled the hearts and desired it might be read. It was as fol- of the people with a terrible apprehension of lows :
insecurity to themselves, if all they had said “ C. R. We have had too ample a mani. and done should be liable to be examined and festation of your affection and duty toward us, punished by those laws which had been so viothe good effect whereof is notorious to the lated; and that nothing could establish the world, to inake the least doubt of the conti- security of king and people, but a full provision, noance and improvement thereof, or in the that the returning to the reverence and obedileast degree to dislike what you have done, or ence of the law, which is good for us all, to complain of what you have left undone. We should not turn to the ruin of any, who are know well the weight of those affairs, which willing and fit to receive that protection heredepend upon your counsels, and the time that after from the law, and to pay that subjection must unavoidably be spent in debates, where to it that is just and necessary; and, therethere must naturally be difference of opinion fore, we made that free offer of a general and judgment, amongst those whose desires of Pardon, in such a manner, as is expressed in
our Declaration; and how ready and desirous * « Sir William Morrice, who was allied to we are to make good the same, appears by our general Monk, was, for his own merit, and Proclamation, which we have issued out upon, that of his illustrious kinsman, preferred to the and according to, your desire.—However, it is office of Secretary of State. He was a man of evident, that all we have, or do offer, doth not learning and good abilities, but was not com- enough compose the minds of our people, nor, pletely qualified for his great employment, as in their opinions, can their security be prohe knew but little of foreign languages, and vided for, till the Act of Indemnity and Obliless of foreign affairs. The Secretary spoke vion be passed; and we find great industry is Latin fluently, understood Greek, and acquitted used by those, who do not wish that peace to himselfduring the seven years that he continued the kingdom they ought to do, to persuade our in office without reproach. He died Dec. 12, good subjects, that we have no mind to make 1676. He was author of a Book entitled, good our promises, which, in truth, we desire • The Common Right to the Lord's Supper to perform for our own sake as well as theirs : asserted.' One singularity is recorded of him, and we do therefore very earnestly recommend That he would never suffer any man to say it to you, that all possible expedition be used grace in his own house beside himself; there, in the passing that most necessary Act, whereby he said, he was both priest and king." Grainger, our good subjects generally will be satisfied, vol. iii. p. 350.
that their ecurity is in their own hands, and
depends upon their future actions, and ithated first against col. Fleetwood, which was anthey are free for all that is past, and so all the swered by sir Ralph Knight, for hins; but Mr. endeavours of ill men will be disappointed, Palmer and col. King, speaking also against which would persuade them not to do well him, he was voted to be excepted; making the now, because they have beretofore done amiss. 14th man. Lord Falkland named col. Pyne; And we are the more engaged to this our re- which Mr. Swanton and Mr. Chafe, seconding, coinmendation, because, upon the reflection of saying, He was called the King of the West, your eminent zeal and affection for our service, and was a great tyrant, upon the question, he and hearty concurrence with us in all we brave was voted to be excepted, being the 15th man. desired from you, men are apt to persuade Mr. Philip Jones was named next; but, on others, though they do not believe it themselv es, reading a Petition from him, justifying himself that the passing the Act is therefore deferred, that he was not guilty of the king's death, and because we do not enough press the dispatch Mr. Annesley and Mr. Finch speaking for him, of it, which we do desire from our heart, a od his affair was dropt. Mr. "Prynne moved are confident you will the sooner do, up.on against Richard Cromwell ; but, no one sethis our earnest recommendation."
conding, the house proceeded no farther After the reading of the above Remonstran ce against him at that time. The same member from the king, the commons desired the Secre- named major Salway, but Mr. Doleswell delitary to return their bumble Thanks to bis ma- | vering a Petition from the major, and he and jesty for his gracious Message; and to acquaint Mr. Knightley speaking for him, he was also him, That the house would make it their en- | passed by. Sir Tho. Clarges moved against deavour to give a speedy dispatch to what is Rd. Dean; saying, There was a suspicion that mentioned in the Message; and to all other he had lately dispersed dangerous papers in matters relating to the public.
Scotland, and was an Anabaptist; upon which Debate on the act of Indemnity.] Accord he was voted amongst the excepted, and made nity; when, after debate, it was resolved, That The case of Mr. Whitlocke, the MemoCharles Fleetwood, John Pyne, Richard De:an, rialist, who had acted in high stations in every major Richard Creed, Philip Nye, Johu Good-revolution since the late king's death, came on win, clerk, colonel Ralph Cobbet, William again this day. Mr. Prynne first moved the Hewet, and Hugh Peters, should be excep ted jouse against him, which was seconded by out of the act of general pardon and oblivion; sir Ralph Ashton and sir Henry Finch, who the two last for life.
said Whiclocke was as much an ambassador A curious Manuscript, * which has certainly as St. John was; was for fining him, but not to been the Note-Book of some member of this exceed the value of two years income of his esparliament, and which was sent in to the Editors tate. Mr. Annesley was for not quitting him, of the Parliamentary or Constitutional Ilis- but to set some mark of disfavour upon him tory of England,' inforins us, That when this de-only, by reason of his numerous family. Mr. baie was entered into, at this time, sir Henry Charlton also spoke against him, but modeCholmley moved, That all such members as rately; and Mr. Palmer moved to spare his had sat in any High Court of Justice slzould estate for his children's sake. For Whitlocke withdraw, but refused to name any. This mo- spoke Mr. Willoughby, sir Henry Cholmley, tion was seconded by sir Wm. Vincent; to Mr. Turner, lord Howard, sir Geo. Booth, sir which Mr. Charlton and Mr. Pryone added, John Robinson, and sir Rd. Brown, who said, all those that abjured, or signed the Instru- | Mr. Whitlocke preserved him from being tament of Governnient. Mr. Goodrick spoke ken; and sir John Holland, wlso urged his to lay that business aside; and sir George sending the king over 5001, and his securing Booth, not to question them now, but to go to Lyme for him, of which his son was governor. the business of the day. Lord Falkland mov- On the whole, Mr. Whitlocke was again aced to exclude them; as did also sir George quitted. Ryves, and col. King. Some other speakers The next person who was named was major are named in the MS. for and against the Creed, and only major Archer spoke for bim; motion : the house did not divide upou it, but however, the house divided twice on this affair; went to the business of the day, which was to first, Whether the question should be then name the 20 persons who were to be excepted put'; which was carried, 147 against 101 ; and out of the general Pardon. Mr. Pryone mov- the main question being put, Creed was cast
by 133 to 103 : so he made the 17th man. This Manuscript is by way of Diary, and Sir William Wylde moved the house against begios with June 18, 1660; but is broken into Philip Nye, a minister : he was seconded by sonietimes by lacerations, &c. It is written in sir Henry Finch; who said, Nye had enthe hand of the times, coincides exactly with riched bimself very much in those times of the Journals of the commons, but is much more plunder and rapine; and that there needed no particular in the names of the Speakers in each particular charge, since the bue-and-cry was debate. It was communicated to the Editors general against him. Mr. Turner also urged of the Parliamentary or Constitutional History it home against Nye, and said, That he being of England' by the Rev. Charles Lyttelton, the grandee at the committee for bestowing LL.D. Dean of Exeter.
Benefices, a young man of learning and merit
would not pass with him, when a worthless the same side, as did also Mr. Prynne and Mr. good-for-nothing fellow was always preferred. Knightley. However, lord Falkland, speaking Sir Rd. Temple moved to charge Nye with in behalf of the first motion, which was to raisc some capital crime; but the house was more money speedily to pay the Debis of the Nation; moderace, and one Mr. Folie speaking for him, and Mr. Pierepoint saying, That the charge of he was only excepted as above, and made the the Army and Navy, and the interest, caine to 18th man.--John Goodwin, the Author before- 60001. a day; that it was inconsistent for an mentioned, was next named by Mr. Prynne, army and parliament to subsist together, and and voted to be the 19th man.
that the Trained-Bands were sufficient : To all Col. Cobbett was moved against by Mr. ! which, col. Birch adding, That the people's Hopkins; sir Henry Finch seconded; but not liberties were not sale with such an army;ibat, to put him on the list of the 20, but except him though he was a member of it bimself, yet he by himself as capital : but this not being agreed | moved it might be paid off'; and said, that to, it was resolved, That Cobbett should only 260,0001. would disband ten regiments of fout; stand for pains and penalties, and he made the the house agreed to set aside every Tuesday, 20th man.
Thursday, and Saturday, to go upon means to Judge Thorpe was named at the same time raise money for that purpose, with Cobbett, by col. King, seconded by Mr. The same day, the house went upon the Act Winfield and Mr. Pryone; who mentioned one of Indemnity; in wbich a strong debate and a Thorpe, that was a judge in Edw. And's time, division upon it ensued, which we give frem who, for taking bribes and other misdemeanors, the authority of the aforeinentioned MS. was punished; and therefore desired that this Diary. A proviso was put into the house by Judye Thorpe might also sutier the same: but some unknown member, to be added to the several members speaking in behalf of Thorpe, Bill; which was, to disable all the persons of he was acquitted, and Cobbett taken in his the High Court of Justice; all decimators, place.
major-generals, abjurors, and all those that peThe case of Hugh Peters, the pulpit incen- titioned against the king. Hereupon a hot dediary, came next to be considered. Serjeant bate began; Mr. Annesley inoved to have it Tyrrel produced an information against him, thrown out, which was seconded by sir Joha from one Dr. Young, a physician in Wales: Northcot; Mr. Goodrick to throw it out, saythat Peters, being very sick and like to die, ing, It was as dangerous as a hand-granado in told him, that it was he and Cromwell con- a barrel of gunpowder. Sir Henry Finch for sulted together how to dispose of the late throwing it out; saying, It did include all men. king. Hewlett, the man suspected to have Sir Tho. Clarges for the same, adding, That it cut off the king's head, was also named with was a most dangerous thing, and an indulgence Peters, there being two witnessess ready to not to inquire who brought it in, for he deswear against him: on which the house thought served to be called to the bar.. On the other proper to except them out of the Act for life, side, there were several members who spoke and leave them to the law.
for the wbole proviso, and others to mitigate July 2. The business of raising money for and take part. Mr. Prynne was for the whole, the present exigencies of the State came first seconded by Mr. Charlton, who added, That on the carpet, in the house of commons, the be who said the person who brought it in debeginoing of this month: which, the MS. served to be called to the bar, deserved it him. Diary acquaints us, was first moved for by Mr. self; and moved against those that petitioned secretary Morrice, in an excellent speech for against the king, or sat in parliament in the that purpose. This motion was seconded by years 1647 and 18, and in the High Court of Mr. Stevens, and Mr. Annesley, who were for Justice : Also, against all those who were the doing of it speedily. But sir Wm. Lewis ar-contrivers of the Instrument of Government, gued, That it was best to proceed with the Act those that were imposers of taxes under Oliver, of Iudemnity first, that people might be more major-generals, and decimators; adding, That ready to pay. Sir John Northcot spoke on though he never pressed the death of any man,
yet, to secure the future peace of the nation, Nye was a leading Independent preacher: he could not be silent. Col. King was likewise “ He was put into Dr. Featly's living at Acton, for receiving the proviso; saying, It was not and rode thither every Lord's day in triumpli, prudence to set up those in power that now lay in a coach drawn with four horses, to exercise under their feet: nor that any in the house who there." See Levite's Scourge, 1644, p. 61. were guilty of such crimes, should plead their “ At the Restoration it was debated several
-The mitigators were, first sir hours together, whether Philip Nye and John Henry Chomley, who moved to take in the Goodwin should not be excepted for lite, be- Proviso in part. Mr. Trelany was only against cause they had acted so highly (none more so, major-generals and decimators. Mr. Palmer except Hugh Peters) against the King; and it against all abjurors, major-generals, and High came at last to this result, That if, after the 1st Court of Justice men. Sir Wm. D’Oiley was of September, the same year, they should ac- for referring the proviso to a committee. Mr. cept any, preferment, they should in law Knight urged, That the proviso was too large stand as if they had been excepted totally for and not to be mended. Sir Thomas Meeres life." Wood's Athcn. Oxon, vol, ii, col. 369. to amend it, if possible; but he fcared it was