le in the warrant, both in regard of the ille- ensue the fault should not lie at his door; and lity of the imprisonment, in point of autho- that he feared no obstructions but from those y, and also of process, though he had no who were gainers by the war. That his mathority, to dispute that, in respect of keep-jesty desired, immediately after the delivery of a fair correspondence between the houses; ly he did put in a salvo, according to the reat Charter, that if their lordships should prison by an absolute power, it would be structive to the liberty of the subject, and a breach of the Great Charter; that though had been done, yet it had been disclaimed, being done without the consent of the comons. He said, The warrant for the commitent of major Rolph was illegal, because he od committed, being only accused of high eason, which is too general; whereby he nnot make any Answer to his accusation. e party who commits should express the use, and likewise the traitor should know e nature of the offence. Moreover the arrant should run, To be continued in prison until he be delivered by due course of aw;' which this warrant does not. Ile said, he house of commons also looked upon the nall credit of the witnesses against him, one of hom had been committed for a great offence, d formerly was a servant to the earl of Holnd; and also Mr. Osborne, who had forfeited s trust, and committed a great offence, in oncealing this business against the king so ng time after he knew it. Upon the whole atter, the commons desired that major Rolph ight have his liberty, either by bail or by ine other way." A committee of lords was ppointed to consider what was to be said to e commons concerning the major, at another onference. But nothing further being done this affair by their lordships, the commons rdered him to be admitted to bail. He was on after indicted at Winchester assizes before erjeant Wylde, by whose direction the grand ry returned the bill Ignoramus;' upon noce of which the commons directed the major o be discharged, voted him the sum of 150/. s a recompence for false imprisonment, and ommitted Mr. Osborne and Mr. Dowcet, the itnesses against him, to the custody of the erjeant at arms. This charge of High Treason gainst major Rolph, for compassing and ineading the Death of the King, was revived soon fter the Restoration of his son, Charles II. as will appear under its proper period. Debate on the Proceedings of the Commnisioners with the King.] The same day that the arl of Middlesex reported the late transactions between the King and the parliament's Commissioners in the Isle of Wight, to the house of lords, Mr, Bulkley did the same to the comnons: but the King's Answer in writing, which was delivered to their lordships, not yet being ent down to the other house, this report was confined to some particular circumstances only, which Mr. Bulkley represented to the following effect: "That the King bad them welcome, as coming about a welcome business, Peace, which no man desired with more earnestness than himself; that if a peace did not VOL. III. their Message, to talk with them in private, which they modestly excused; affirming that they had no commission for any private conference: that about two days before they came away, his majesty seeing them stand in the presence chamber, first called the earl of Middlesex to him, and had some discourse with him singly; next, sir John Hippesley, and had the like with him; at length, said Mr. Bulkley, he called to me, and I could not but afford him the civility of an ear, and an answer to a few inoffensive questions: But, when we were retired out of the presence-chamber, we questioned each other touching his majesty's discourse; and found that all to each of us agreed in the same, and to the same end, viz. His majesty's longing desire for a speedy Settlement; importuning us to do all good offices which might tend thereto, in a composure of the differences betwixt him and the houses of parliament. Mr. Bulkley added, That when they were to come away, his majesty delivered them his Answer in writing, and gave it them open; telling them, He doubted not of their fidelity, though an ill use had been made of the last Message which he sent open, it having been debated and canvassed in private, and a prejudice put upon it, before it was presented to the houses." -These circumstances being thus reported, Mr. Herbert Morley stood up, and said, 'Mr. Speaker, these gentlemen have delivered all to you, save what they should deliver, that is, the King's Answer; which, it seems, they have suffered to be delivered first to the lords: but, methinks, they might have presented us a copy of it.' And then moved, That since the gen tlemen had gone beyond their commission, by privately conferring with the king, the house might do well, either to call them to account, or give them for their good service an act of oblivion.' But this motion went no further at present. However, the next day, the lords having sent down the King's Answer to the commons, with their Votes thereupon, the Independent Party renewed their resentment against the commissioners for holding a private conference with the king. Mr. Thomas Chaloner alledged an example of one Foscarini, that was sent ambassador from the state of Venice to Savoy; who, for having a private conference with the Spanish ambassador there, Spain being then at ennuity with Venice, was condemned at his return home to lose his head. To this it was answered, That the example would not hold water in the present case, for that gentleman argued upon a supposition of his majesty's being an enemy to the parliament; which he must first prove to be true, before the example of Foscarini would square with their commissioners.' In reply to which, Mr. Scott said, The King was still an enemy, because he had been the means to raise a 3 S his majesty and the two houses of parlame new war, by inviting the Scots; and had not yet made satisfaction for all the blood that had been spilt in the former war, nor had he yet acknowledged his faults, nor submitted himself.'-On behalf of the Commissioners it was urged by several members, That the house had given them no prohibition, in their Instructions, against discourse with his majesty: that having revoked their Votes of non-address to the king, it was as lawful for the commis sioners as any other to apply themselves to him and that if the commissioners had re-join with a proportionable number of the house ported, that in their private discourses with his of commons, as Commissioners to treat majesty they had found an averseness in him the king. And, 8. That all expedition be r towards peace, it is likely they would never in a business that requires so much dispatc have been questioned for any private confer ence; but their having testified an earnest desire and inclination in the king towards Peace, by a fair treaty, was undoubtedly their only fault. These arguments had so great weight in the house, that the party who first proposed to censure the commissioners, made a motion that the business might be laid aside till another time; whereupou sir John Hippesley and Mr. Bulkley stood up, and conjured the house either to acquit then presently or condemn them, that they might know what to trust to; and not have the matter now put by to be laid in their dish again half a year or 12 months hence, when faction might hope to grow strong; and, by power, over-awe the house to their ruin. Protesting, That except some present end were made, either with thein or against them, they would forbear any more coming to the house. This resolute behaviour of the Commissioners had such effect, that the question being proposed for giving them Thanks, a motion was made to add these words, and for approving their Proceedings,' which passed in the athrmative without a division and accordingly the Speaker returned sir John Hippesley and Mr. Bulkley the Thanks of the house, and declared their Approbation of those Commissioners proceedings. Votes of the Lords upon the King's Letter accepting of a Treaty.] Aug. 16. The lords having desired a conference with the commons, concerning the King's Letter, sir John Potts reported the following Votes, passed by their lordships, in consequence thereof; 1. "That, for opening a way to a Treaty with his majesty for a safe and well-grounded Peace, these 4 Votes, of the 15th Jan. last, be revoked and taken off. (see p. 831.) 2. That such men of all professions, whom his majesty shall send for, as of necessary use to him in this Treaty, shall be permitted to wait on him; and that his majesty shall be in the same state and freedom as he was in when he was last at Hampton Court. 3. That such Domestic Servants, as his majesty shall appoint to come to attend upon his person, shall be sent unto him. 4. That the Scots shall be invited to send some persons, authorized by them, to treat with the king upon such Propositions as were tendered to his majesty by both kingdoms at Hampton Court, at such time as shall be agreed upon by Aug. 17. The commons took to ca deration the foregoing Resolutions: and ta first of them being read, Mr. Scot urged, Ta the four Votes of Non-address to the king Bey made upon good advice and judgment; and that it would reflect upon the honour of t house to be thus unsettled in their resolter as to vote things one day, and unvote t the next. To this it was answered, 'It wa no new thing for the house often to matters of far less moment, than this fa Treaty for the settlement of the kingd and that gentleman and others had been‹ served to be the ringleaders in unvoting my things, which they conceived cross to their designs; and the only sticklers in couns nancing the Army heretofore, when they > strained the house to recall several Va which had been passed with far better adu and reason, than those Votes of Non-addres, or the Declaration upon them, which had the whole kingdom with outcries, and had bee the only causes of a second war.' To no reply being made, it was carried, wa division, to concur with the lords in the s Resolution.-But the commons put a nega upon the 4th Resolution, for inviting the So to the Treaty, and made several very co derable Alterations in the rest, as will stay appear. Answer of the Lords to the Letter from t Prince of Wales offering his Mediation for Peace.] This day the lords agreed upon tha following Letter, as an Answer to that fros the Prince of Wales : 66 May it please your Highness; I am cur manded by the lords assembled in parliames. to return their humble acknowledgments that Offer which your highness was pleased t make, in your Letter of the 5th instant interpose your Mediation with the king, royal father, for the obtaining of all sect cessions and Acts, as, by the blessing of Got may most conduce to a firm and lasting Peace and the happiness of his majesty and al people. The lords do take this expression an argument of the hearty affection which y bear to your native country; and de conceive that nothing can more conduce to procure highness an interest in the affections of all the people of England, than to steer all your v tions in concurrence with those councils utions that are taken in the parliament; | his, by the antient constitution of the goment of this kingdom, the Great Council eof. This being all I have in command, I leave to subscribe myself, Your &c. TH, Speaker, pro tempore." e Scots Army under the Duke of Hamilton | ed by Cromwell.] Aug. 23. A Letter was red from lieut. general Cromwell, conng an Account of a complete Victory he obtained over the Scots Army under the mand of the duke of Hamilton, at and near ton, in Lancashire. This Letter is in worth, to which we refer.—A Day of ksgiving was ordered throughout the whole dom, to Almighty God, for his wonderful mercy and success bestowed upon the ament's forces against the whole Scots y, on the 17th, 18th, and 19th instant in cashire. The day to be the 7th of Sepber, and that 10,000 Copies of a Paper led,The Particular occasions of the nn Day of Thanksgiving, appointed to ept throughout the Kingdom of England, the Dominion of Wales, on Thursday, Sept. 643,' be printed and sent by the Members he respective places for which they serve. The Votes concerning the Treaty, as altered he Commons] Aug. 24. A Conference was between the two houses, concerning the es about the Treaty with the King, when Commons said they agreed to some of them, had made several Objections and Alteras to the others.-The Votes as altered by Commons stood thus: 1. "That for opena way towards a Treaty with his majesty a safe and well-grounded Peace, the 4 tes of Non-Address to the King be revoked taken off. 2. That his majesty be desired to send to the houses the Names of such persons he shall conceive to be of necessary use to be out him during this Treaty; they not being sons excepted by the houses from pardon, under restraint, or in actual war against the liament by sea or land, or in such numbers may draw any just canse of suspicion; and at his majesty shall be, in the Isle of Wight, he same state and freedom as he was in when t at Hampton-Court. 3. That the houses do ree that such Domestic Servants, not being the former limitations, as his majesty shall point to come to attend upon his majesty's erson, shall be sent unto him. 4. That the wn of Newport in the Isle of Wight, named the king, be the place of this Treaty with majesty. 5. That if the king shall think fit send for any of the Scots nation, to advise ith him concerning the affairs of the kingdom Scotland only, the houses will give them.a fe conduct; they not being persons under reraint in this kingdom, or in actual war against e parliament by sea or land, or in such numers as may draw any just cause of suspicion. That 5 lords and 10 members of the house f commons be Commissioners to treat with * Collections, vol. vii. p. 1237. the king. 7. That the time for beginning the Treaty be within ten days after the king's assent to treat as is agreed, and to continue 40 days after the beginning thereof."-To all these Votes the lords returned for answer. "That their lordships, out of a desire to expedite the attaining of a speedy, safe, and well-grounded Peace, bad receded from their former Votes, and concurred with them in all the Votes now brought up, with the alterations; and desired that they might be speedily sent to the king by sir Peter Killigrew." This was done accordingly the next day. Aug. 25. The commons resolved, That 40,000/. be employed for the service of the Fleet; 7000/. for providing public stores of Powder; and 30007. for paying the Lancashire Forces, that went out of that county to oppose the duke of Hamilton's Army: and that all these sums be paid out of the 100,000l. charged upon the Receipts at Goldsmiths-Hall and remaining due to the kingdom of Scotland, according to Agreement when they delivered up the King's Person to the English Commissioners. Thus the Scots, by their second invasion, lost one moiety of the Debt then owing to them for their first. Intercepted Letter from the King to the Scots Parliament.] Aug. 26. A Resolution passed this day in the house of commons, relative to an Intercepted Letter of the King's, which is an instance of the highest affront put upon his majesty at the very time they were settling the preliminaries of Peace with him. In order to clear up this business, it is necessary to observe, That on the 8th of this month Complaint was made to the house of lords by Mr. Haliburton, a Scots officer sent by the Committee of Estates of that kingdom with their Declaration to the king and both houses of parliament, That the commons had ordered him to depart London in 24 hours, before he had obtained any Answer to the business he came about; whereupon the lords enlarged his time of stay for one month. But this giving umbrage to the commons, they desired a conference with the lords on the 14th, at which they represented, That capt. Haliburton was a dangerous person, cmployed by the declared enemies to the kingdom, from whom many Letters of dangerous consequence were taken, which were decyphered and communicated to the common-council of the city; and having delivered his Letters to his majesty, they conceived it necesary he should return to his own country, and not be protected here to do ill offices to this kingdom.-But the lords not receding from the indulgence they had granted to the captain, on the 16th the commons ordered him to be forthwith sent to the lord-Admiral, and that his lordship be desired to ship him off for Scotland by the first conveyance. The captain being informed of this design, embarked on board a vessel in the river, intending to join the prince of Wales; but was stopt at Tilbury fort and searched, and a Letter of the King's taken upon him. Colonel Temple out this reciprocation neither is truly what they pretend to be. But I am both confident that needs not to you, as likewise, that you will rightly understand this which is affec tionately intended by Your assured Friend, CHARLES R." having informed the house of all these particu- | Christianity teaches perfect loyalty; for with lars, and desiring their advice therein, it was ordered, That the Governor of Tilbury fort do deliver the said capt. Haliburton to the lordadmiral, to be sent home according to their former Order. Then the Intercepted Letter from the King was read, directed, For the Lords and Gentlemen, Committees of the Scots Parliament, together with the Officers of that Army;" and a motion being made to deliver the Letter back to the captain, it passed in the negative, by 39 against 55. This Letter was not communicated to the lords, but ordered to be sealed up in a box; which accounts for its not being entered in the Journals of either house; nor is it taken notice of by Mr. Whitlocke or Mr Rushworth; but is printed at large by a Journalist of this time, and agrees exactly with the copy thereof given in Royston's edition of the King's Works. "Carisbrooke, July 31, 1648, "My lords and gentlemen; It is no small comfort to me, that my native country hath so true a sense of my present condition, as I find expressed by your letter of the 8th of this month, and your Declaration, both which I received on Friday last. And the very same reason which makes you discreetly and generously at this time forbear to press any thing to me, hinders me likewise to make any particular professions unto you, lest it may be imagined that desire of liberty should now be the only secretary to my thoughts. Yet thus much I cannot but say, that as, in all human reason, nothing but a free personal Treaty with ine can settle the unhappy distractions of these distressed kingdoms; so, if that could, once be had, I would not doubt but that, by the grace of God, a happy Peace would soon follow: such force, I believe, true reason bas in the hearts of all men, when it may be clearly and calmly heard; and I am not ashamed at all times to profess that it hath, and so shall be always want of understanding, | not of will, if I do not yield to reason, whensoever and from whomsoever I hear it; and it were a strange thing, if reason should be less esteemed because it comes from me, which, truly, I do not expect from you; your Declaration secming to me (and I hope your actions will prove that I am not deceived) to be so well grounded upon honour and justice, that albeit, by way of opinion, I cannot give a placet to every clause in it, yet I am contident upon a calm and friendly debate we shall very well agree.--To conclude: I cannot, for the present, better shew my thankfulness to you for the generous and loyal expressions of your affections to me, than by giving you my honest and sincere advice; which is, really and constantly, without seeking private ends, to pursue the public professions in your Declaration, as sincere Christians and good subjects ought to do; always remembering, that as the best foundation of loyalty is Christianity, so true Mercurius Pragmaticus, No. 25. Col. Wayte's Account of the taking of the Duke of Hamilton Prisoner.] Aug. 28. Calvarl Wayte, a member of the house of commans, and principally concerned in the taking of duke Hamilton, and 3500 horse prisoners with him, at Utoxeter, in Staffordshire, related the Particulars of that whole proceeding; and received the Thanks and Approbation of the house, as did also the lord Grey for their see vices therein.-So far the Journals: but the particulars of the Colonel's Narrative are the set down by a Writer of these times.* *Colonel Wayte being the man to whom the Duke surrendered himself, reported to the house ef commons that he hung whining so fast up his shoulders, that he could not get rid of ba; beseeching him to accept of him as his pris ner, and to secure him from the fury of the soldiery: that he took his George off bis on neck, and gave it up to the colonel, and aby his great seal of arms, desiring him to accept of them; but that he restored them to him agan: that the colonel urging to him, What an worthy thing it was in his lordship to vade England, in arms, against the part ment, by whose power and successes be bad been rescued out of prison at Pendennis, and returned home into Scotland with freeton; he replied, That he was now invited to come a by a greater party of lords and commons than those of his countrymen who came in belo Upon this col. Wayte was asked, Whether the duke had named any? to which he replied, Mr. Speaker, as for my naming of persons, that may. be done more conveniently at another time; ist you know that the duke is a politic subtle lord, and, when he begins to consider the danger now attending him, if he be proceeded against with severity he will discover enough to save his own head."-Lord Clarendon cou col. Wayte's Narrative, by observing, "That the Duke neither behaved himself like a gene ral, nor with that courage which be was never before thought to want; but made all submiss and all excuses to those who took him." Ad accordingly we find, in the commons Journali of this day, that some members of that bout were authorized and required to examine the duke of IIamilton, and such other persons a they should think fit, touching the informatio of Invitations, by persons in England, bringing in an Army of Scots to invade dus kingdom. An Ordinance was also directed be prepared for sequestering the Estates, zoal and personal, of all such Scots officers or gr tlemen, that had been any way engaged this occasion. * Mercurius Pragmaticus, No. 23. History, vol, v. p. 160. My lord and Mr. Speaker; I have red your Letter of the 25th of this month, the Votes that you sent me; which gh they are not so full as I could have ed for the perfecting of a Treaty, yet use I conceive by what you have done I am in some measure fit to begin one, is my incessant and earnest desire to give ace to these my now distracted dominions, accept the Treaty; and therefore desire Such 5 lords and 10 commoners as my two es shall appoint, be speedily sent, fully orized and instructed to treat with me, doubting but what is now wanting will, at meeting, upon debate, be fully supplied, only to the furtherance of this Treaty, but to the consummating of a safe and wellded Peace. So I rest your good friend, les R. Carisbrooke, Aug. 28." Here inclosed I have sent you a List that ave desired. I desire, in order to one of Votes, that ye will send me a free pass Parsons, one of the grooms of my presenceaber, to go into Scotland; and that you ld immediately send him to me to receive dispatch thither." IST of the Persous desired by his Majesty to attend bim in the Isle of Wight, above referred to. uke of Richmond, marq. of Hertford, earl ndsey, and earl of Southampton, gentleof my bed-chainber: George Kirke, es Levingstone, Henry Murray, John Ashham, and Wm. Legge, grooms of my bednber: Tho. Davis, barber: Hugh Henne, phry Rogers, and Wm. Levett, pages of back-stairs: John Rives, yeoman of my s: sir Edw. Sydenham, Robert Terwhitt, John Houston, equeries, with 4 or 6 of footmen, as they find fittest to wait: Mrs. eeler, laundress, with such maids as she chuse: Parsons, a groom of my prece: sir Foulke Greville, capt. Titus, capt. roughs, Mr. Cresset, Hanstead, AbraDowcett, and Firebrace, to wait as 7 did, or as I shall appoint them: bishop London, (Dr. Juxon) bishop of Salisbury, Duppa) Dr. Sheldon, Dr. Hammond, Dr. dsworth, Dr. Sanderson, Dr. Turner, and Heywood, chaplains: sir Tho. Gardiner, Orlando Bridginan, sir Robert Holborne, Jeffrey Palmer, Mr. Tho. Cooke, and Mr. n Vaughan, lawyers sir Edw. Walker, Philip Warwick, Nich. Oudart, and Ch. attacre, clerks and writers: Peter Newton Clemens Kenersley, to make ready the se for treating. Surrender of Colchester.] Aug 31. This day, a Letter was received from lord Fairfax, containing an account of the Surrender of Colchester. Upon which, the lords ordered that Letter be written to the General to return him Thanks for his good service in reducing the town and garrison of Colchester; and to desire him to send the lords Goring and Capel to Windsor-Castle, there to be kept in safe custody, being taken in actual war against the parliament. Debate in the Commons, on the Instructions for the Commissioners appointed to treat with the King.] September 1. This month begins with a Debate in the house of commons, upon the following Instructions to be sent to their Commissioners appointed to treat personally with the King, in the Isle of Wight. I. "You shall repair to Newport in the Isle of Wight, where you, or any 8 of you, whereof two lords shall be present, are to treat with his majesty for the space of 40 days, from the beginning of the said Treaty, on the Propositions which were presented to his majesty at Hampton-Court, concerning the kingdoms of England and Ireland, and for taking away of Wards and Liveries, now delivered unto you, and such other Propositions as by both houses of parliament shall be agreed upon. II. You shall receive such Propositions as his majesty shall offer, and forthwith transmit them to both houses of parliament, that you may have further directions from them how to proceed thereupon. III. You shall proceed to treat upon the Propositions for recalling Declarations, &c. the Propositions concerning the Church, the Propositions concerning the Militia, the Propositions concerning Ireland, in the first place, in order, and receive the King's Answer to each of them; and upon the rest in the same order at they are now placed. IV. You shall use your best endeavours that the afore-mentioned Propositions may be agreed unto, without receding from the matter of them. V. You shall deliver your Demands, and receive his majesty's Answer to them, in writing. VI. You shall give frequent adver tisement to both houses of your proceedings in this Treaty." These Instructions being read, Mr. Boys moved, That those Propositions which concerned the interest of the houses might be first insisted on; and that, if the king should refuse to give his positive consent unto them, there might be no further proceeding in the Treaty. This motion was seconded by Mr. Prideaux, who, in support thereof gave for reason, That if they did not take this course, the king would debate every Proposi tion, and then suspend his consent to the last. To which it being answered, That it was contrary to the mode of all transactions of state by way of Treaty, to demand a confirmation of any one particular, till an agreement be concluded upon all in general,' the motion made by Mr. Boys was laid aside: but another was started, 'That whereas there were 40 days |