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CHAP. King's arrival, and then the excepted seven were named. They were Harrison, Say, Jones, Scott, Holland, Lisle, and Barkstead. But the lenient spirit which prevailed in the outset, ceased to maintain its ascendancy. The actual presence of the King and his court, and the exuberant ebullitions of loyalty which burst so vehemently from assembled myriads, had not tended to diminish their detestation of Regicides, or to impart a merciful calmness to their deliberations. The restriction to seven was disregarded. Three more (Cooke, Broughton and Dendy) were excepted on the 8th of June; and on the same day a resolution was carried, that, in addition to the foregoing exceptions, "twenty, "and no more," should be left amenable to punishments not affecting life. This limitation, like the former, was ineffectual: and though it does not appear to have been formally rescinded, the merciful boundary which it prescribed was passed in the course of a few days. On the 30th of June, the Commons voted the exception of all such of the Regicides as had not surrendered themselves within fourteen days, according to the Proclamation of the 8th of June. Eleven, who had not so surrendered, were excepted, by name, on the 9th of July; and on the 11th the Bill was sent up to the Lords.* Had the King and his advisers been vindictively disposed, their authority, we are told, was so great with the Commons, that the exclusion of more might have been easily obtained: "And there

* Commons' Journals, passim.

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"wanted not many," said Clarendon, "who used CHAP. "all the credit they had to inflame the King to "that retaliation and revenge. And it was then, " and more afterwards, imputed to the Chancellor, "that there were no more exceptions in the Act "of Indemnity, and that he laboured for expedi"tion of passing it, and for excluding any extraordinary exceptions; which reproach he neither then, nor ever after, was solicitous to throw

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The Lords were still less lenient than the Commons. They had directed lists to be made of all who sat when sentence was passed on Charles I., and of all who signed the warrant for his execution; and, on July 23d, they ordered that all the survivors named in those lists should be absolutely excepted out of the Act of Indemnity and Oblivion, and that their persons should be forthwith secured.

On the 1st of August they proceeded still farther in their course of proscription, and excepted Vane, Lambert, Haselrig, Axtell, and Hacker. On the 7th, they attempted to avenge the wrongs of their own body, by singling out for capital punishment four persons who sat upon the trials of the Duke of Hamilton, and of Lords Holland, Derby, and Capel; and they scrupled not to adopt the odious and vindictive course of giving the nomination of the person to be sa

* Life of Clarendon, i. 470.

CHAP. crificed to the nearest relative of each of those

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. 1660.

peers, a disgusting privilege, which Lord Denbigh, the brother-in-law of the Duke of Hamilton, humanely exercised, by selecting the name of a perAngust, 9. son who was dead.* On the 9th, they resolved, that all those who had sat in any illegal high court of justice "shall be made incapable of bearing "any office, ecclesiastical, civil, or military, within "the kingdom of England, and dominion of Wales; "and that all such persons shall be liable to such "further penalties, as by any future act of Par"liament may be inflicted upon them, not extend"ing to life t:" and they introduced still other alterations, rendering the measure more severe.

The King, by Hyde's advice,

recom

mends lenity and despatch.

Neither severity nor delay were agreeable to the wishes of the King and his advisers. The Chancellor, who had disapproved of certain expressions in the declaration from Breda, inserted in compliance with the wishes of Monk, now desired that the expectations of lenity which that declaration held out should not be disappointed. Despatch was also to be desired, not only because the discussion of this subject evidently tended to exasperate the vindictive spirit unhappily prevalent in each house of Parliament; but also, because while this question was undecided, no progress could be made with other business; a general sense of insecurity was augmented and prolonged; and rumours were circulated that the King did not intend

*Lords' Journals. Ludlow, iii. 34.

Lords' Journals,

to fulfil his promise. Lenity and despatch were therefore strongly recommended to the Parliament in several royal messages and speeches, emanating, undoubtedly, from the advice, and, probably, from the pen of Hyde.* "It is evident," said

a royal message to the Commons on the 18th of June, "that all we have or do offer doth "not enough compose the minds of our people,

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nor, in their opinions, can their security be "provided for till the Act of Indemnity and "Oblivion be passed; and we find great industry "is used by those who do not wish that peace to "the kingdom they ought to do, to persuade our good subjects that we have no mind to make good our promises, which, in truth, we desire to perform for our own sake, as well as theirs. And "we do therefore very earnestly recommend it to you, that all possible expedition be used in the passing that most necessary act." +

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"

On the 27th of June, the King came to the House

* That Charles's speeches and messages were composed by Hyde, appears, in many instances, from internal evidence of sentiment and style, and, in many, from the rough drafts in Hyde's hand-writing, which are extant among his papers in the Bodleian Library. The following is one of these: "His Majesty, takinge notice of the delay in the passinge the Bill of Indemnity, and of the greate obstructions to the peace, " and security of the kingdome, which aryse from that delay, doth very earnestly recommend to the House of Peers that they will use all possible expediçon in passinge the same, and that they will rest satisfyed "with the excepçons they have already made of persons, and from hence "forwarde that they not thinke of any further excepçons of persons "either as to life or estate, or any other incapacity, but endeavour by all means to bury all thoughts of animosity and revenge, that the whole "Island may returne to those mutuall offices of conversation and friendship which can only establish a firm and lastinge peace.” † Com. Journals, June 18, 1660.

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CHAP.

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CHAP. of Lords and delivered a speech, in which he alluded to two previous recommendations of "the speedy despatch of the Act of Indemnity as a necessary "foundation of that security we all pray for;" declared that he never thought of excepting from pardon any other than "the immediate murderers" of his father; besought them to "oblige all other persons by not excluding them from the benefit "of this act ;" spoke of the advantages of mercy; and added, "therefore I do earnestly desire and "conjure you to depart from all particular animo"sities and revenge, or memory of past provo"cations, and that you will pass this Act with"out other exceptions than of those who were immediately guilty of that murder of my "Father." *

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Conferences ensued between the two Houses, in which the point most warmly contested was the interpretation to be attached to the Proclamation of the 6th of June-the Commons maintaining, that by implication it promised pardon to all who surrendered themselves-the Lords, that it was merely of the nature of a summons, and conferred only the right of trial, and the chance of acquittal or of pardon. After much debate, a compromise was effected, which consisted in the adoption of a middle course, not warranted by either of the foregoing interpretations; and it was agreed that the Regicides who surrendered themselves should be

* Lord's Journals, July 27. 1660.