of the Proclamation, there is not one word relating to a Trial; but the parliament were busy in proceeding upon the Act of Oblivion, and issued the Proclamation, that they might know in what rank to place these men and admitting that this Proclamation, as to the holding forth of benefit to those that came in, amounts at highest to an implication; yet, being an implication, on which men have put their lives, it was dishonourable (as a worthy member enforced it) to retract the benefit held forth by the Proclamation. It was likewise observed, by the same worthy member, That to except them as to a trial signifies nothing; for they that do not come in are, however, excepted as to a trial. To which his lordship answered, It is true, that in the consequence of it, and as things now stand, it is so: those that come not in will have the benefit of a trial if they be taken, as well as those that do come in but, at the time of the Proclamation, it might have been expected to be otherwise; and that those who did not render themselves should have been, ipso facto, attainted, and executed whensoever found. His lordship instanced the example of Scott, who professed, for himself, that he rendered on the account of the Proclamation, though his render will not serve his turn: for that render, which will save his life, must be a render to the Speaker er sheriff; to which he cannot pretend. But his lordship added, That if that be the meaning of the Proclamation, to extend benefit of life to all that rendered themselves, the equity is the same, as to him: for if a man hear of the Proclamation, and that he should have the benefit of it if he rendered himself to the Speaker or sheriff, and hastens to do it, but, being not able to do it within the time, renders himself to a public minister, it would be hard to make him incapable of the benefit intended by the Proclamation. Therefore his lordship observed, those that rendered themselves must not necessarily have the benefit of their lives. -It was then urged, that their lordships had excepted persons that are dead; Constable, Mauleverer, Danvers, and others; and that the excepting of them out of the Act of Oblivion signifies nothing: but the place where the commons had put them, was, that their estates should be subject to future penalties: a bare exception subjects not their estates to future penalties; but, when the Act passes, the heir and executor is discharged, though the ancestor be excepted. To which his lordship replied, They knew the exception of itself operated nothing; but they supposed and believed the persons excepted by this Act would (as well as Bradshaw and Cromwell) be attainted, for their guilt was equal, and they might deserve alike. For the 4 persons; it was observed, That to except Vane and the rest, so as to involve them in the danger of life and estate, and in the mean time to petition for their pardon, was repugnant in itself. To which bis lordship made no reply, other than that still they were at the king's mercy, which way soever the proceedings passed." Debate thereon.] After this Report was ended, the commons fell again into a debate on the question, Whether they should agree or not agree with the lords in this matter.Mr. Prynne moved first for agreeing, and was · seconded by sir Roger Palmer.-Mr. Howard said, That the late king cloathed them in scarlet, and had turned their iron into brass, their brass into silver, and themselves into gold: that this prince should be murdered at his own door, would make them seek out such a punishment for it, as the exquis teness of a woman could invent: but the honour of the house being engaged, he moved to adhere; and to banish or immure them, that they should never see the sun more, which would be worse than death.-Sir Heneage Finch could not agree with the lords as to those who were dead; nor with them, as to those who sat upon the lords; and was willing to leave Vane, Haselrig, Lambert, and Axtell, to the king.-Sir George Booth moved for another ́ conference with the lords, in hopes there might be some other expedient offered.-Mr. Baynton was for reading all petitions that came from these men.-Mr. Trevor was for adhering, and not to violate the public faith which had been given.-Mr. Gott was for adhering also, because he did advise some friends to come in.-Sir Gilbert Gerrard said, that he invited several to come in on the Proclamation; and therefore could never give his vote to agree.— Both these last gentlemen moving, also, for another free Conference with the lords, it was voted; the same managers as at the last, were deputed for this also. But before this last Conference was desired, the Heads of it, as drawn up by the committee, were read in the house and approved of by them. These Heads are entered in the Journals of the commons; but since they will be better understood by the Report of them made afterwards in the upper house, and from the MS. Diary, we postpone them. Observing, that the commons, in order to bend somewhat to the lords, and that this last Conference might be made final and conclude this affair, entered previously into the following debate about it:-Mr. Trevor, who reported some things to be offered at the next Conference with the lords, said, That such of the king's judges as were excepted against might be banished, never to return. If that was not yielded to, then to refer them to another act for life, but to spare them in this. Sir Heneage Finch told the house, That if they spared Vane, Haslerig, Lambert, and Axtell, they did it not out of favour, but to leave them as living monuments of their villainy, and the houses dislike: urging that saying of David, Slay them not lest my people forget it.'-After this, the house voted to agree with the lords, as to except Axtell for life. Mr. Thomas moved to have somebody die for the kingdom as well as for the king, and named sir Henry Vane. Sir Ralph Ashton said, That sir H. Vane told him, after the battle of Worcester, when the king escaped, and sir Ralph Ashton asked him, Where is your • Providence now, which you have so oft spoke of, since the king is escaped?' To which he replied, If the man was above ground they would have him.' Sir Anth. Irby said, That since they had taken all he had, they might well spare his life. Mr. Hollis said, It was his majesty's pleasure to except only those who were his father's Judges, which Vane was not. But one Mr. Lowther speaking against Vane, it was voted, To agree with the lords, as to except him for life. by sir Heneage Finch, in these words :-" The lord-chancellor told us, how unhappy soever former conferences have been, this, he doubted not, would be happy to the king and kingdom, and beget a chearful submission of all people to the determination of the parliament: he said he would repeat nothing of what he had formerly said; for though the lords might have insisted, in the Reasons they formerly offered, yet they have now complied with this house in effect, though not in form. The expedient for a final conclusion of the difference was this; That those gentlemen that rendered themselves on his majesty's proclamation, should stand in the same classes as in the lords Amendments formerly sent down; that is, as persons generally excepted for life and estate: but, to qualify that, they offered a clause to be added by way of Amendment, wherein the names of those persons who rendered themselves (their lordships know them not, and so have left the Paper with a Blank for that) upon an opinion, that they might safely do so, and have not fled to avoid the justice of the parliament, (who, he conceived, will be looked upon otherwise, as persons that have lost the benefit of the Proclamation) may be inserted by this house; and, he supposed, a special care would be had of securing their persons." And then the reporter read the said Clause, being as followeth: "But in regard the said Next, came on the trial of gen. Lambert, who was also excepted by the Lords; when it was moved by sir Allen Broderick to put him to a short question. Mr. Annesley moved, To read his Petition first. Sir George Booth spoke in Lambert's behalf. Mr. Swinfen moved to agree with the lords; but to petition the king to be merciful to them.-The question being called for, and put, it was voted, That Lambert should also be excepted. Lastly, a motion was made against cir A. Haslerig. Mr. Tomkins said, That sir Arthur told him, when the first short parliament was dissolved, That the king should repent that day's work with every vein in his body. On the other hand, the knight had many speakers 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 hear 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 made 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 commons 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 with the rest, and then come back again. However, at last, the question being put, the house divided upon it, Whether sir A. Haslerig should be included with the rest? The numbers on the division, were 116 to 141. After this last Vote was passed, and sir Arthur spared, Mr. Pierepoint moved, That the king might be petitioned, that Lambert and Vane should not be tried for their lives by law; which was agreed to. The last Conference between the two Houses on the Indemnity Bill.] Aug. 25. The lords sending to desire another Conference with the commons, they met accordingly, and the Report of it was made in that house afterwards, be passed for that purpose." The Reporter proceeded: "For that, relating to the persons dead, (whom their lordships had put in that fatal clause, with an expectation that we would pass an Act for the future attainder) their lordships have departed from their resolution in that point, and permit them to continue in the classes wherein we placed them; whereby they are adjourned to the penalties which shall be inflicted on them by a future act; expecting only a bill of attainder of Cromwell, Bradshaw, Ireton, and Pryde.-For the other part, wherein we have agreed for excepting Axtell without further expectation, and Vane and Lambert with expectation of a further address on their behalf, The Bill of Indemnity concluded.] All obstacles being now removed, and matters entirely settled between the two houses, concerning the Bill of Indemnity, Mr. Hollis was ordered to return it to the lords. At the same time to desire the lords humbly to intreat his majesty, that he would please to come to the house the next morning, to pass it and the other Bills which were ready for the royal assent. To which Mr. Hollis brought Answer, That the lords would do as desired. and all.-Sir; amongst your many illustrious titles, which, like fair and beautiful flowers, do adorn and bedeck your royal crown, there is one exceeds and excells all the rest, as well in virtue as in beauty, and that is your title of Defender of the Faith.' Sir, as that title is your honour, so the truth of it is our happi their lordships agree in that. For that wherein we differed about sir Arthur Haslerig, upon what was offered by a member of our house, and since, by the duke of Albemarle, they found his case distinguished from the other two, and agree with us as to him.-And for the last 4; though their lordships saw very great reason to adhere to that for justice andness. Neither the highest provocations, nor example sake; yet, having 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 zeal; 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- tenancing 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 themselves 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 you, will be a shield to protect you; and that faith which you defend will defend you against all your enemies, maugre the malice of the Devil and all his wicked instruments-Royal Sir, your eminent virtues, and those excellent qualifications that God hath bestowed upon you, to make you every way worthy and fit for government, invites us at this time, with joyful hearts, to make our humble addresses unto your majesty, and to give you a chearful account of our proceedings this parliament, wherein we have spent our whole time upon public Bills; some, we must confess, of very great concernment to your majesty and all your people, are not yet ripe, nor brought to perfection: but though, like an after-crop, yet, with the fair weather of your majesty's wonted patience, we hope likewise to inn them well at last, to your majesty's full satisfaction, and the great contentment of all your loyal and faithful subjects.-Some Bills are passed both houses, and already lodged here, which attend and wait for your majesty's royal assent, and I shall humbly beg the favour only but to touch upon some of those of most public concernment by the way, and in transitu, to that Bill here in my hand.-Sir, there is one bill now before you, intituled, 'An Act for the Confirmation of Judicial Proceedings.' The scope and intendment of that bill is to settle men's estates, which is the way to quiet their minds, and, when their minds are at rest, there will be no fear of their breaking the peace, or forfeiting their good behaviour any more in time to come.-There is another Bill, intituled, An Act to prevent the taking of excessive Usury. The restraining men of avaricious minds, whose consciences are as large as their bags, will be a great ease to your people, and an enablement to your merchants the better to go on with their trades. They are the laborious bees that bring in honey into The Speaker's Speech to the King on presenting the Bill of Indemnity, &c.] Aug. 29. This day the King came to the house of lords, and his majesty, sitting in his chair of state, commanded the gentleman usher of the black rod to give notice to the house of commons, that it is his majesty's pleasure they come up, who being come up, their Speaker addressed his majesty in the following terms: "Most Gracious Sovereign; Not many months since England was but a great prison, where the worst of men were our governors, and their vilest lusts the laws by which they governed. The great and most wise God conveyed divine intelligence into your patient and pious soul, and taught you how, by suffering for us, to deliver us from our sufferings; to knock off our shackles, and set your people at liberty, when neither power nor policy could effect it. So soon as your majesty set your foot upon your English shore, our prison was turned into a paradise of pleasure, and the whole nation filled with joy, and love, and peace. Sir, this great blessing is already registered in your people's thankful hearts, and they desire that the memory thereof may be perpetuated; and therefore they have laid it up amongst their choicest jewels, and annexed it to their Magna Charta; which they are willing to pawn unto your majesty, upon condition, when they forget this, to forfeit that discharge and dispatch that work: And they humbly pray your majesty's gracious acceptance thereof, and your royal assent thereunto: I am further to inform and assure your majesty, that your people have passed another Supply and Revenue unto your majesty, which far surmounteth all they have already done in value, and that is, their hearts and affections; having their hearts, your majesty may command their Purses.-Most royal sovereign, We have nothing more to offer, or to ask, at this time, but your majesty's gracious favour, so soon as your service and the public affairs will permit, that we might have leave to go into our countries, where we shall make your people sensible of their happiness, in having such a king to govern and rule over them; and as we praise your majesty, so likewise to pray for your majesty, that you may live long, and reign prosperously." The King's Speech. Then his majesty was pleased to give his royal assent to the said Bills; after which, he made the following very gracious Speech: your majesty's hive; and userers are the lazy idle drones that rob your hive of the honey. There is another Bill, intituled, An Act for a perpetual Anniversary Thanksgiving to be observed and kept upon the 29th of May: A day that God himself was pleased to honour and adorn with a new additional star, never seen before nor since; a star of rare aspect, which declared, to all the world at once, the happy news of your majesty's blessed nativity; and as it was your majesty's birth-day, so it was the day of your Restoration to your kingdoms, parliament, and people; and likewise the day of your people's re-creation out of a chaos of confusion and misery: and therefore they humbly pray, That not only we (for there would need no act for that so long as we live) but that our posterity, and the ages that shall succeed us, might for ever be obliged to set apart that day as a holiday, to dedicate their praises and thanksgivings up unto Almighty God for his miraculous deliverance of this poor nation, when it lay in dust and ashes, in a most miserable, desperate, forlorn, and deplorable condition. There is another Bill, intituled, An Act of My lords and gentlemen of the house of free and general Pardon, Indemnity, 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 had 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 hope, 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 and catalogue of malefactors, we there meet not with men but monsters, guilty of blood, precious blood, precious royal blood, never to be remembered without tears; incomparable in all the kinds of villainy that ever was acted by the worst of miscreants, perverters of religion; subverters of government; false to God; disloyal to the best of kings: and perfidious to their country: and therefore we found an absolute and indispensible necessity incumbent upon us, to except and set some apart for treacle, to expel the poison of sin and rebellion out of others, and that they might be made sacrifices to appease God's wrath, and satisfy divine justice. And now I am come to that Bill here in my hand, which I am commanded humbly to present your majesty withal.-Royal Sir, Your cominons, the knights, citizens, and burgesses, now assembled in parliament, taking into consideration the great and insupportable burden of the Army and Navy, that your people do now groan under; and knowing, as Money is the sinews of war, so, as the state of affairs now stand, that it is likewise the best medium that can be used, in order to the attaining that end we have all so much desired and so long prayed for, the Settlement of a happy Peace: and therefore they have passed this Bill, intituled, An Act for a speedy Provision of Money to pay off and disband all the Forces of this Kingdom both by Sea and Land,' upon which they hope such a sum will be advanced and brought in, as may be sufficient fully to VOL. IV. I do very willingly pardon all that is pardoned by this Act of Indemnity, to that time which is mentioned in the bill; nay, I will tell you, that, from that time to this day, I will not use great severity, except in such cases where the malice is notorious, and the public peace exceedingly concerned. But, for the time to come, the same discretion and conscience which disposed me to the clemency I have expressed, which is most agreeable to my nature, will oblige me to all rigour and severity, how contrary soever it be to my nature, towards those who shall not now acquiesce, but continue to manifest their sedition and dislike to the government, either in action or words. And I must conjure you all, my lords and gentlemen, to concur with me in this just and necessary severity; and that you will, in your several stations, be so jealous of the public peace, and of my particular honour, that you will cause exemplary justice to be done upon those who are guilty of seditious speeches or writings, as well as those who break out into seditious actions: And that you will believe those, who delight in reproaching and traducing my person, not to be well-affected to you and the public peace. Never king valued himself more upon the affections of his people, than I do; nor do I know a better way to make myself sure of your affections than by being just and kind to you all; and whilst I am so, I pray let the world see that I am possessed of your affections.For your Poll Bill, I do thank you as much as if the money were to come into my own coffers; and wish, with all my beart, that it may amount I to as great a sum as you reckon upon. If the work be well and orderly done to which it is designed, I am sure I shall be the richer by it in the end; and, upon my word, if I had wherewithal, I would myself help you, so much I desire the business done. I pray very earnestly, as fast as money comes in, discharge that great burden of the Navy, and disband the Army as fast as you can; and, till you can disband the rest, make a provision for their support. I do conjure you, as you love me, let me not hear the noise of Free-Quarter, which will be imputed to my want of care and government, how innocent soever I am; and therefore be sure you prevent it. I am so confident of your affections, that I will not move you in any thing that immediately relates to myself; and yet I must tell you I am not richer; that is, I have not so much money in my purse as when I came to you. The truth is, I have lived principally, ever since, upon what I brought with me; which was indeed your money, for you sent it to me, and I thank you for it. The weekly expence of the Navy eats up all you have given me by the Bill of Tonnage and Poundage. Nor have I been able to give my brothers one shilling since I came into England, nor to keep any table in my house but what I eat myself: And that which troubles me most is, to see many of you come to me at Whitehall, and to think that you must go somewhere else to seek your dinner.-I do not mention this to you as any thing that troubles me; do but take care of the public, and for what is necessary for the peace and quiet of the kingdom, and take your own time for my own particular; which I am sure you will provide for with as much affection and frankness as I can desire." The Lord General's Plan for disbanding the Army.] Aug. 30. Sir Wm. D'Oiley made a report from the Committee for the Army, and delivered in a Paper, sent to them by the lordgeneral as a Plan for disbanding the Army; which was read in the house, and is entered in the Journals, as follows; 1. "That the Officers and Soldiers who were in pay, in army or garrison, the 25th April, 1660, shall have their just Arrear, paying or defalking for their Quarters, in prosecution of his Majesty's Declaration, and my Engagement to the Army, upon the Address by them made, to acquiesce in the judgment of the parliament. 2. That for the present subsistence of the Army, the month's pay, appointed by ordinance of parliament, in part of the 6 weeks pay now due upon the new account, may be forthwith is sucd; that so the Army and Garrisons may be put into a condition of subsistence, until so many of them shall be disbanded, as shall be thought fit by his majesty and the parliament. 3. That the forces, that of necessity for the present must be continued for defence of the garrisons in Scotland, are 3 regiments of foot, and one troop of horse: the residue now there, are 3 regiments of foot, and 11 troops of horse; which may be disposed of as shall be thought fit. 4. As to the forces in field and garrison within this kingdom, appearing upon the List annexed, so many of them may forthwith be disbanded as shall be thought fit. 5. And, for the manner of disbanding, the money being prepared, I shall, upon notice from the commissioners appointed for that purpose, draw the regiments to the most convenient places and nearest to their quarters, where the arms may be secured for his majesty's service, (that is to say) the foot arms, except swords, which are their own; and for the horse to deliver up what defensive arms they have; their horses, swords, and pistols, being their own likewise.-This being done, the field officers of every regiment, to give passes under their hands and seals, to all under their command, to go into their respective countries. As to the last part of the Order, I have already given direction, that no soldiers be henceforth listed in any troops or companies; and I shall take care that no officers be from henceforth commissioned into the room of any that shall die, or be removed." Debate thereon.] After the reading of this Paper, the house fell into a debate on this important point, in which there were many difficulties to get over. Mr. Prynne moved to pay no. Arrears to those that were with Lambert and others, and did not submit. Sir John Northcot argued, That Scotland should pay towards the disbanding of the Army. : Sir Wm. Morrice was for having the Army disbanded on all accounts, and said, That gunpowder was made of the same ingredients that caused an earthquake; and that, as long as the soldiery continued, there would be a perpetual trembling in the nation that they were inconsistent with the happiness of any kingdom; and compared the keeping of an Army on foot to a sheep's skin and a wolf's. skin; which, if they lie together, the former would lose its wool. And again: if a sheep and a wolf be put into two several grates, by one another, the sheep would pine and die at the sight of the other. Neither, said he, could the nation appear like itself, whilst the sword was over them; and moved to pay off and disband the army. On which, the house came to the following Resolutions: 1. "That all the forces now of the English establishment, whether in England, Scotland, or elsewhere, be disbanded with all convenient speed. 2. That such of the officers and soldiers in army or garrison, who were in actual service on the 25th April, 1660, and not discharged since for not taking the oaths of allegiance and supremacy, shall have their just Arrear; paying or defalking for their quarters, in prosecution of his majesty's Declaration, and the lord-general's Engagement to the Army, upon the Address by them made to acquiesce in the judgment of the parliament."-Ordered, That it be referred to the Committee of the Army to prepare a Bill for |
