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June 5. The commons were still busy in carrying on the Act of Indemnity and general Pardon, and this day it was proposed to except seven persons for life and estate. And it being likewise proposed, That they should be then named, Thomas Harrison, Wm. Say, John Jones, Thomas Scott, Cornelius Holland, John Lisle, and John Barkstead, were agreed on for that purpose.
June 8. The commons proceeded to except more persons out of their Act of Pardon, when John Cooke, Andrew Broughton, and Edward Dendy, solicitors and agents at the late King's Trial, were excepted both as to life and estates. And having exainined some Witnesses, touching the person who executed the late King, they resolved, That those two persons, who were upon the scaffold in disguise, when the detestable and traiterous sentence upon the late King was executed, be excepted out of the general Act of Pardon for life and estate.
The commons, in carrying on the Act of Oblivion, were still seeking out for such as were to be excepted out of it, and had appointed a eommittee to inform themselves, by perusing the Journal of the pretended High Court of Justice, for the Trial of the late King, what persons not sitting at the said Trial on the 27th of Jan. 1648, did sit at the said trial, in Westminster-Hall, any of the days preceding, and to report their Names to the House.
June 9. Accordingly, Mr. Prynne, from the committee, brought in several Names of such persons, with the times of their sitting at the Trial; on which the house resolved, That Win. lord Munson, Thomas Chalioner, James Challoner, John Fry, Francis Lascelles, sir H. Mildmay, Rob. Wallop, sir Gilbert Pickering, sir James Harrington, Tho. Lister, and John Phelpes, one of the clerks under the pretended High Court of Justice, should all be excepted out of the Act of general Pardon and Oblivion, for and in respect only of such pains, penalties, and forfeitures, (not extending to life) as shall be thought fit to be inflicted on them by another Act, intended to be hereafter passed for that purpose. At the same time, the following persons were voted to be spared for life, though all sat in Judgment on the late King; the lord Grey of Grooby, sir Hardress Waller, Valentine Wauton, Edw. Whalley, Isaac Ewer, sir John Danvers, sir Tho. Maleverer, sir John Bourchier, Win. Heveningham, Isaac Pennington, Henry Marten, Wm. Purefoy, John Blakiston, Gilbert Millington, sir Wm. Constable, Edm. Ludlow, sir Michael Livesay, Rob. Tichborne, Owen Rowe, Robert Lilburne, Richard Deane, John Okey, John Hughson, Wm. Goffe, John Carew, Miles Corbett, Francis Allen, Peregrine Pelham, John Moore, John Allured, Henry Smyth, Humphry Edwards, Gregory Clement, Tho. Wogan, sir Gregory Norton, Edm. Harvey, John Venn, Thomas Andrews, alderman of London, Wm. Cawley, Anthony Stapely, John Downes, Tho. Horton, Thomas Horton, Tho. Hammond, Nich. Love, Vincent Potter, Augustin Garland, John Dixwell, Gco.
Fleetwood, Simon Mayne, James Temple, Peter Temple, Daniel Blagrave, and Thomas Wayte.
June. The house resumed the debate on the Act of general Pardon and Oblivion, when a Letter from William Lenthall, esq. the Speaker of the Long Parliament, was read, and the question being put, That he be one of the 20 persons to be excepted out of the general Act of Pardon, to suffer such pains and penalties, life only excepted, as should be thought proper to inflict upon him? The house divided, and it was carried against him by 215 to 126. Sir Henry Vane was also voted to lie under the same dilemma, without any division.-The above-mentioned Letter was addressed to the Speaker, and was as follows:
"Mr. Speaker; I find it not possible for me to take off the misapprehensions of some persons, misled by arguments, of my great gains which I got when I sat in your chair, and especially that of Compositions, where it is thought I had 57. of every compounder. It is true, both houses did so order it, but very shortly it was again disannulled; so that what I received of that was very inconsiderable, as may appear by examination of the books of the house, and the serjeant at arms; and the clerks first reserving their parts, paid mine unto me, which is a check upon me. And as to the profit concerning passing of private Bills, as it is paid by the clerks, so it is checked as aforesaid.-Before his late majesty's going from London, the house took into consideration my great and extraordinary charge and loss, and gave me, by vote, 6,000l. but I never to this day received the one half of it; besides which I
never had gift of land or money, nor any part of that 57. per diem which is due to the Speaker, as Speaker, whilst he so continues. I shall desire you, sir, to offer so much of this as shall be necessary to express me, with all humility, to the house; but not as a justification of myself, but to shew the truth of my condition. And this will very much oblige, Mr. Speaker, W. LentHALL.*
*William Lenthall, esq. died Sept. 3, 1662, and very penitent, as appears from the following Account, in a Letter from Dr. Ralph Bridcock, who visited him in his last sickness.-"When," says he, "I came to his presence, he told me he was very glad to see me, for he had two great works to do, and I must assist him in both; to fit his body for the ear and his soul for heaven; to which purpose he desired me to pray with him: I told him the Church had appointed an Office at the Visitation of the Sick, and I must use that; and he said, 'Yes, he chiefly desired the Prayers of the Church,' wherein he joined with great fervency and devotion. After prayers he desired absolution; I told him I was ready and willing to pronounce it, but he must first come to a Christian confession and contrition for the sins and failings of his life. Well, sir,' said he, then instruct me to my duty.' I desired him to examine his
The lords had had an affair of their own Privilege before them for some time, relating to the Choice of their own Speaker in some cases: and, a committee being appointed to examine into this business, the lord Roberts reported their result to the house: "That it is the duty of the lord-chancellor, or lord-keeper of the great seal, of England, ordinarily to attend the lords house of parliament; and that in case those great officers be absent from the house, and that there be none authorized, under the great seal, by the king, to supply that place in the house of peers, the lords may then chuse their own Speaker during that vacancy." The house confirmed this report, and ordered it to be entered in the Roll amongst the standing Orders of the house: and, soon after, the king thought proper to grant a commission, under his great seal, to sir Orlando Bridgman, lord chief baron of the exchequer, to execute that place whenever the lord chancellor should be
absent.-The lords also appointed a committee to consider of the great Violation that hath been committed upon the Peers of this realm, by restraining their persons, burning them in the hand, refusing their Privileges when they have been claimed, and many other Breaches: and that the said committee have power to send for all offenders in those kinds, and after examination thereof, to report it to the house.
To the first I give this Answer, That Cromwell, and his agents, deceived a wiser man than myself, that excellent king, and then 'might well deceive me also, as they did. 'knew the Presbyterians would never restore 'the king to his just rights, as those men swore they would. For the second, no excuse can 'be made, but I have the king's pardon, and I hope Almighty God will shew me his mercy also; yet, sir,' said he, even then, when I 'put the question, I hoped the very putting 'the question would have cleared him, because 'I believed there were four to one against it; but they deceived me also. To the third, I
June 13. The commons agreed that the following persons should be of the 20 who were to be excepted out of the Act of Pardon, for pains and penalties not extending to life, viz. Wm. Burton, serj. Rd. Keeble, Oliver St. John, John Ireton, sir Arthur Haslerig, col. Wm. Sydenham, John Desborough, and Daniel Axtell. The Trial of Bulstrode Whitlocke, a person well known in these and former times, came also on; and the question being put, Whether the main question be now put, it passed in the negative, 175 against 134; so
life by the Ten Commandments, and wherein
I make this candid confession, That it was my own baseness, cowardice, and unworthy fear, to submit my life and estate to the mercy of those men that murdered the king, that hur'ried me on against my own conscience to act with them; yet then I thought also I might 'do some good, and hinder some ill. Something I did for the Church and the Univer'sities; something for the king when I broke the Oath of Abjuration, as sir O. B. and yourself know; something for his Return also too, as my lord G. M. J. T. and yourself, 'know but the ill I did over-weighed the little good I would have done. God forgive me for this also.' After this I remembered him, That the Fathers of the Church had also been murdered and ruined, and asked, Whe
he had any hand, or gave any consent therein? He answered, No; for I always 'did believe that was the primitive and best 'government of the Church;' and said, 'I die
a dutiful son of the Church of England, as it was established before those times; for I have not seen the alteration of the Liturgy.' After this office, wherein, indeed, he shewed himself a very hearty penitent, he again desired the Absolution of the Church, which I then pronounced, and which he received with much content and satisfaction; For,' said he, 'now,
indeed, do I feel the joy and benefit of the 'Office which Christ hath left in his Church.' Then praying for the king that he might long and happily reign over us, and for the peace of the Church, he again desired prayers. The next day he received the Sacrament; and after that work I desired him to express himself to Mr. Dickerson, (a learned physician, fellow of Merton College, who received the Sacrament with him) concerning the King's Death, because he had only done it to me in confession; which he did, to the same effect as he had done to me. The rest of his time was spent in devotion and penitential meditations to his very last." From an Original in Dr. William's MS. Collections, vol. viii. No 127.
that Mr. Whitlocke was respited for that time. The commons continued to except persons out of their Act of Pardon, but though it had been voted to except no more than 20, yet they went on with their exceptions for Pains and Penalties, and col. John Lambert, Christ. Pack, alderman of London, and John Blackwell, of Mortlack, were named for that purpose.
| the public peace and safety are the same; and, neither we nor you must be overmuch troubled, if we find our good intentions, and the unwearied pains we take to reduce those good intentions into real acts, for the quiet and security of the nation, mis-represented and mis-interpreted by those who are, in truth, afflicted to see the public distractions, by God's blessing, so near an end; and, by others, upon whose weakness, fears, and jealousies, the activity and cunning of those ill men have too great an influence.-How wonderful and miraculous soever the great harmony of affections between us and our good subjects is, (and that is so visible and manifest to the world, that there scarce appears the view of any cloud to overshadow or disturb it) yet, we must not think that God Almighty hath wrought the miracle to that degree, that a nation so miserably divided for so many years, is so soon and entirely united in their affections and endeavours, as were to be wished; but that the evil consciences of many men continue so awake for mischief, that they are not willing to take rest themselves, or to suffer others to take it: and we have all had too sad experience of the unhappy effects of fears and jealousies, how groundless and unreasonable soever, not to think it very necessary to apply all timely and proper remedies to those distempers, and to prevent the inconveniences and mischiefs which too naturally flow from thence we well foresaw, that the great violation, which the laws of the land had for so many years sustained, had filled the hearts of the people with a terrible apprehension of insecurity to themselves, if all they had said and done should be liable to be examined and punished by those laws which had been so violated; and that nothing could establish the security of king and people, but a full provision, that the returning to the reverence and obedience of the law, which is good for us all, should not turn to the ruin of any, who are willing and fit to receive that protection hereafter from the law, and to pay that subjection to it that is just and necessary; and, therefore, we made that free offer of a general Pardon, in such a manner, as is expressed in our Declaration; and how ready and desirous we are to make good the same, appears by our Proclamation, which we have issued out upon, and according to, your desire. However, it is evident, that all we have, or do offer, doth not enough compose the minds of our people, 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, whereby our good subjects generally will be satisfied, that their ecurity is in their own hands, and
The celebrated John Milton comes next to be questioned for writing two Books, one intituled, "Johannis Miltoni Angli pro Populo Anglicano Defensio, contra Claudii Auonimi, alias Salmasii Defensionem Regiam;" the other, an Answer to a Book called, "The Portraiture of his late Majesty in his Solitude and Sufferings." At the same time, one John Goodwin was mentioned for writing another Book, intituled, "The Obstructors of Justice," in defence of the traiterous Sentence against the late king. These two persons were ordered to be taken into custody by the serjeant at arms, to be prosecuted by the attorney-general; and, lastly, the king was desired to issue out his proclamation to recall their Books, along with such other Books as should be presented to his majesty, in a schedule from the house, in order to their being burnt by the hands of the common hangman.
The King's Message relative to the Act of Indemnity. This day, Mr. Secretary Morrice* acquainted the commons that he had a Message from his majesty in writing; which he was commanded to deliver to that house, and desired it might be read. It was as follows:
"C. R. We have had too ample a manifestation of your affection and duty toward us, the good effect whereof is notorious to the world, to make the least doubt of the continuance and improvement thereof, or in the least degree to dislike what you have done, or to complain of what you have left undone. We know well the weight of those affairs, which depend upon your counsels, and the time that must unavoidably be spent in debates, where there must naturally be difference of opinion and judgment, amongst those whose desires of
"Sir William Morrice, who was allied to general Monk, was, for his own merit, and that of his illustrious kinsman, preferred to the office of Secretary of State. He was a man of learning and good abilities, but was not completely qualified for his great employment, as he knew but little of foreign languages, and less of foreign affairs. The Secretary spoke Latin fluently, understood Greek, and acquitted himself during the seven years that he continued in office without reproach. He died Dec. 12, 1676. He was author of a Book entitled, The Common Right to the Lord's Supper asserted.' One singularity is recorded of him, That he would never suffer any man to say grace in his own house beside himself; there, he said, he was both priest and king." Grainger, vol. iii. p. 350.
depends upon their future actions, and that | ed first against col. Fleetwood, which was anthey are free for all that is past, and so all the swered by sir Ralph Knight, for him; 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 heretofore 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, commendation, 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 have 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, and his affair was dropt. Mr. Prynne moved are confident you will the sooner do, upon against Richard Cromwell; but, no one sethis our earnest recommendation." conding, the house proceeded no farther against him at that time. The same member named major Salway, but Mr. Doleswell deli
After the reading of the above Remonstran ce from the king, the commons desired the Secretary to return their humble Thanks to his 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 he was voted amongst the excepted, and made the 16th man.
Debate on the Act of Indemnity.] Accordingly, the house resumed the Act of Inde mnity; when, after debate, it was resolved, That Charles Fleetwood, John Pyne, Richard De:an, major Richard Creed, Philip Nye, John Goodwin, clerk, colonel Ralph Cobbet, William Hewet, and Hugh Peters, should be excepted out of the act of general pardon and oblivion; the two last for life.
A curious Manuscript, which has certainly been the Note-Book of some member of this parliament, and which was sent in to the Editors of the Parliamentary or Constitutional History of England,' informs us, That when this debate was entered into, at this time, sir Henry Cholmley moved, That all such members as had sat in any High Court of Justice should withdraw, but refused to name any. This motion was seconded by sir Wm. Vincent; to which Mr. Charlton and Mr. Prynne added, all those that abjured, or signed the Instrument of Government. Mr. Goodrick spoke to lay that business aside; and sir George Booth, not to question them now, but to go to the business of the day. Lord Falkland moved to exclude them; as did also sir George Ryves, and col. King. Some other speakers are named in the MS. for and against the motion: the house did not divide upon it, but went to the business of the day, which was to name the 20 persons who were to be excepted out of the general Pardon. Mr. Prynne mov
This Manuscript is by way of Diary, and begins with June 18, 1660; but is broken into sometimes by lacerations, &c. It is written in the hand of the times, coincides exactly with the Journals of the commons, but is much more particular in the names of the Speakers in each debate. It was communicated to the Editors of the 'Parliamentary or Constitutional History of England' by the Rev. Charles Lyttelton, LL.D. Dean of Exeter,
The case of Mr. Whitlocke, the Memorialist, who had acted in high stations in every revolution since the late king's death, came on again this day. Mr. Prynne first moved the house against him, which was seconded by sir Ralph Ashton and sir Henry Finch, who said Whitlocke was as much an ambassador as St. John was; was for fining him, but not to exceed the value of two years income of his estate. Mr. Annesley was for not quitting him, but to set some mark of disfavour upon him only, by reason of his numerous family. Mr. Charlton also spoke against him, but moderately; and Mr. Palmer moved to spare his estate for his children's sake. For Whitlocke spoke Mr. Willoughby, sir Henry Cholmley, Mr. Turner, lord Howard, sir Geo. Booth, sir John Robinson, and sir Rd. Brown, who said, Mr. Whitlocke preserved him from being taken; and sir John Holland, who urged his sending the king over 500/. and his securing Lyme for him, of which his son was governor. On the whole, Mr. Whitlocke was again ac quitted.
The next person who was named was major Creed, and only major Archer spoke for him; however, the house divided twice on this affair; first, Whether the question should be then put; which was carried, 147 against 101; and the main question being put, Creed was cast by 133 to 103: so he made the 17th man.
Sir William Wylde moved the house against Philip Nye, a minister: he was seconded by sir Henry Finch; who said, Nye had enriched himself very much in those times of plunder and rapine; and that there needed no particular charge, since the bue-and-cry was general against him. Mr. Turner also urged it home against Nye, and said, That he being the grandee at the committee for bestowing Benefices, a young man of learning and merit
the same side, as did also Mr. Prynne and Mr. Knightley. However, lord Falkland, speaking in behalf of the first motion, which was to raise money speedily to pay the Debts of the Nation; and Mr. Pierepoint saying, That the charge of the Army and Navy, and the interest, came to 6000/. a day; that it was inconsistent for an army and parliament to subsist together, and that the Trained-Bands were sufficient: To all which, col. Birch adding, That the people's liberties were not safe with such an army; that, though he was a member of it himself, yet he moved it might be paid off; and said, that 260,000l. would disband ten regiments of foot; the house agreed to set aside every Tuesday, Thursday, and Saturday, to go upon means to raise money for that purpose.
The same day, the house went upon the Act of Indemnity; in which a strong debate and a division upon it ensued, which we give from the authority of the aforementioned MS. Diary. A proviso was put into the house by some unknown member, to be added to the Bill; which was, to disable all the persons of the High Court of Justice; all decimators, major-generals, abjurors, and all those that petitioned against the king. Hereupon a hot debate began; Mr. Annesley moved to have it thrown out, which was seconded by sir John Northcot; Mr. Goodrick to throw it out, saying, It was as dangerous as a hand-granado in a barrel of gunpowder. Sir Henry Finch for throwing it out; saying, It did include all men. Sir Tho. Clarges for the same, adding, That it was a most dangerous thing, and an indulgence not to inquire who brought it in, for he deserved to be called to the bar. On the other side, there were several members who spoke for the whole proviso, and others to mitigate and take part. Mr. Prynne was for the whole, seconded by Mr. Charlton, who added, That he who said the person who brought it in deserved to be called to the bar, deserved it himself; and moved against those that petitioned against the king, or sat in parliament in the years 1647 and 48, and in the High Court of Justice: Also, against all those who were the contrivers of the Instrument of Government, those that were imposers of taxes under Oliver, major-generals, and decimators; adding, That though he never pressed the death of any man, yet, to secure the future peace of the nation, he could not be silent. Col. King was likewise for receiving the proviso; saying, It was not prudence to set up those in power that now lay under their feet: nor that any in the house who were guilty of such crimes, should plead their own causes. The mitigators were, first sir Henry Chomley, who moved to take in the Proviso in part. Mr. Trelany was only against major-generals and decimators. Mr. Palmer against all abjurors, major-generals, and High Court of Justice men. Sir Wm. D'Oiley was for referring the proviso to a committee. Mr. Knight urged, That the proviso was too large and not to be mended. Sir Thomas Meeres to amend it, if possible; but he feared it was
would not pass with him, when a worthless good-for-nothing fellow was always preferred. Sir Rd. Temple moved to charge Nye with some capital crime; but the house was more modera e, and one Mr. Folie speaking for him, he was only excepted as above, and made the 18th man.-John Goodwin, the Author beforementioned, was next named by Mr. Prynne, and voted to be the 19th man.
Col. Cobbett was moved against by Mr. Hopkins; sir Henry Finch seconded; but not to put him on the list of the 20, but except him by himself as capital: but this not being agreed to, it was resolved, That Cobbett should only stand for pains and penalties, and he made the 20th man.
Judge Thorpe was named at the same time with Cobbett, by col. King, seconded by Mr. Winfield and Mr. Prynne; who mentioned one Thorpe, that was a judge in Edw. 2nd's time, who, for taking bribes and other misdemeanors, was punished; and therefore desired that this Judge Thorpe might also suffer the same: but several members speaking in behalf of Thorpe, he was acquitted, and Cobbett taken in his place.
The case of Hugh Peters, the pulpit incendiary, came next to be considered. Serjeant Tyrrel produced an information against him, from one Dr. Young, a physician in Wales: that Peters, being very sick and like to die, told him, that it was he and Cromwell consulted together how to dispose of the late king. Hewlett, the man suspected to have cut off the king's head, was also named with Peters, there being two witnessess ready to swear against him: on which the house thought proper to except them out of the Act for life, and leave them to the law.
July 2. The business of raising money for the present exigencies of the State came first on the carpet, in the house of commons, the beginning of this month which, the MS. Diary acquaints us, was first moved for by Mr. secretary Morrice, in an excellent speech for that purpose. This motion was seconded by Mr. Stevens, and Mr. Annesley, who were for doing of it speedily. But sir Wm. Lewis argued, That it was best to proceed with the Act of Indemnity first, that people might be more ready to pay. Sir John Northcot spoke on
Nye was a leading Independent preacher: "He was put into Dr. Featly's living at Acton, and rode thither every Lord's day in triumph, in a coach drawn with four horses, to exercise there." See Levite's Scourge, 1644, p. 61. "At the Restoration it was debated several hours together, whether Philip Nye and John Goodwin should not be excepted for life, because they had acted so highly (none more so, except Hugh Peters) against the King; and it came at last to this result, That if, after the 1st of September, the same year, they should accept any preferment, they should in law stand as if they had been excepted totally for life." Wood's Athen. Oxon, vol. ii, col. 369.