that part of the gentleman's motion, T lawyers, being members of the house, do during that time, forbear their practice pleading,' I shall only give this Answer, Th in the act which he may be pleased to b that merchants shall forbear their trac December. Business now grew very sla the house; they did not sit above 4 days week, constantly adjourning from Frida Tuesday following; and when they dat their numbers were so few, as frequentiya vide, in all under 40. Taking of Enistery, Carrick, &c. by (° well.] Dec. 12, This day a Letter a from lieut. general Cromwell, with the ligence of the taking of Enistery, Carrica. I These repeated Successes produced at der for public Thanks to be given to Ah," God, on the next Lord's Day, in the sc Churches in and about the city of Lo where the lord-lieutenant of Ireland's La was to be publickly read to the cong tions.. foreign countries, every man's estate is disposed | causes that shall be tried before them? T of by their law, after a certain rule and proportion, which the possessor cannot, either by conveyance or by his testament, afterwards alter. As when one dies his estate is thus divided by the law; his wife hath a part set out for her, the eldest son hath a double por-in for this purpose, it may likewise be insens tion, and all the other sons have equal portions; and every two daughters have as much as one son, of the whole estate of their father thus divided by law. Whereas, with us, every possessor of an estate hath power to dispose of it by his deed, or by his will, as he pleases, which must necessarily occasion the more differences and suits at law, upon constructions of those deeds and wills, and contests of parties claiming, than where the known law gives a certain rule and distribution of estates, which none can alter.-Another ground of what I say is the freedom of our nation, where every one hath equal right and title to his estate, and there is as full property to the meanest as to the greatest person; which causeth our countrymen to insist upon their right and privileges, and to contest for them with the greatest men, or the prince himself, if the right of law be on their side. This occasions many more law suits than do arise in those countries where the boors and peasants do wholly depend upon the will of their lords, to whom they are slaves, and dare not dispute any matter of right with him, but tamely submit unto their lord's good or had pleasure. And though in some of these Northern countries they have no counsellors at law, as a public profession, because the smallness of their law business will not maintain them, and the great lords are oft-times there parties and judges themselves; yet in Germany, France, Spain, and other countries, the doctors and professors of the law are in great numbers and credit, and gain vast estates, though by small fees, yet often taken, and long continuing; whereof, particularly in France, there are many precedents. And if we look so far as the times of the ancient Romans and Grecians, their lawyers will be found numerous, and of esteem among them; and when their Common-wealth enjoyed the greatest freedom, this profession was in the highest reputation. -Sir, the worthy gentleman was pleased to mention one thing with some weight, That lawyers were permitted to counsel and plead for men in matters touching their estates and Estimate of the Charge of the liberties; but in the greatest matters of all January 1. This month begins with u others, concerning a man's life and posterity, mate of the Charge of fitting and setting lawyers were not permitted to plead for their Fleet of 44 men of war and 23 mercha clients.' I confess I cannot answer this objec-manned with 8082 men, to serve for & tion, That, for a trespass of a sixpence value, a man may have a counsellor to plead for him; but where his life and posterity are concerned, he is not admitted this privilege and help of lawyers. A law to reform this, I think, would be just, and give right to the people.-What is said in defence or excuse of this custom is, That the judges are of counsel for the prisoners, and are to see that they have no wrong.' And are they not to take the same care of all Col. Lilbourne's Election as a Common ( cil-Man of London, declared void by Pe ment.] Dec. 26. Mention has been mar p. 1306, of col. Lilbourne, and his on ment to the Tower by the Council et Having been tried by a special comment the Guild-Hall, but acquitted by his " and, soon after, elected a common-comc. of London; this day a Petition was pres to the house, from several Aldermen and Sheriffs of the same, against him, on they resolved, "That lieut. col. Lilbou by the late act, For disabling the Electr divers persons to any office or place of within the city of London,' disabled r chosen a common-council-man; and tai tion was void." on the narrow seas, as a Summer's Gurt So ther fit Names to those Ships. were they upon extinguishing all remains narchy, that they would not bear even ention of the names of the late king, of his family. House resolve that Gen. Cromwell be deo come home.] Jan. 8. The parliament received Letters from general Cromwell, ut. of Ireland, major-gen. Ireton, and d Broghill, dated at Cork the 18th and It. it was resolved, That the said lordant be desired to come over, and give endance in parliament: and that the of State do prepare a letter to be sent for that purpose, to be signed by the er; and at the same time to render him anks of the house for his great service ithfulness to the Common-wealth.-The ay, a Bill, which had been some time, ling, for setting certain Lands upon sell and his heirs, was reported to the and ordered a second reading. 10. The house ordered their attorneyI to prepare a Patent to be passed under at seal of England, appointing major1 Ireton to be President of the Province 'ster, he observing such Instructions as be given him by the parliament, council e, or the lord-lieut. of Ireland for the eing. As Cromwell's commission to the entioned post was granted for 3 years, dvancement of his son-in-law must have prodigious addition to his influence and ity in that kingdom. House resolve upon a Style of Address to rom foreign Powers.] Jan. 30. Upon rd Grey's report from the Council of That they had agreed that the Style to d in all transactions with foreign Powers run thus, Reipublicæ Anglicana Ordinless the parliament thought fit to appoint ther: after debate it was resolved, t, in all negotiations and transactions reign States, the Style or Title to be used be Parliamentum Reipublicæ Angliæ:' e lords commissioners of the great seal uired to pass, under the great seal of nd, several commissions in common mutatis mutandis, to the two agents ited by the Council of State, to be emI to Spain and Portugal: and that the and title of every address to the parat from foreign princes and states shall The Parliament of the Common-wealth gland,' and no other style or title what -" eral Garrisons in Munster surrender to L. IIL A Council of State elected for the Year 1650.] Feb. 12. The time appointed for the continuance of the present Council of State, expiring the middle of this month, the house proceeded to the election of a new one for the next year; and first agreed, That the number of persons to act in this high station should not exceed 41. They next read over a List of the names of the present Council, and proceeded to vote every single person into the office or reject them, by putting the question upon each; when they were all re-elected except the carl of Mulgrave, lord Grey of Warke, and sir John D'Anvers. Feb. 20. The filling up the vacancies in the Council of State gave occasion to much debate and many divisions of the house. At length, it was resolved to elect 5 persons to be of this Council; when Mr. Chaloner, Mr. Gourdon, col. Morley, sir P. Wentworth, and lord Howard, were chosen, sir Henry Vane, sen, was rejected by a majority of 54 against 44, and the new earl of Pembroke without a division." Feb. 25. Notice has been already taken, that the parliament had desired lieut. general Cromwell to come over into England; and this day it was ordered, That his Excellency have the use of the Lodgings called the Cockpit, the Spring-Garden, St. James's House, and the command of St. James's Park. March. The Proceedings of the house in this month ran chiefly on private affairs, few matters of moment coming before them. Kilkenny surrendered to the Parliament's Forces.] April 12. The house having received a Letter from col. Hewson, governor of Dublin, with advice of the Surrender of the city and castle of Kilkenny in Ireland, the Speaker was ordered to write him a Letter of Thanks, as an acknowledgment of his good services therein. The Acts passed this month, worth our notice, were, one For Provision for Ministers, and other pious Uses.' Another was passed, "For inflicting certain Penalties for Breach of the Lord's Day and other solemn days.' By which it was enacted, "That goods cried or put to sale on the Lord's Day, or Days of public Humiliation or Thanksgiving, should be seized: travellers, waggoners, &c. not observing those days, to forfeit 10s. Any writ, warrant, &c. executed on those days, to be of no effect, and the person offending to forfeit 51. No person to use or travel with boat, horse, coach, or sedan, except to Church, upon pain of 10s. The like penalty for being in a tavern, alehouse, &c. dancing, or profanely singing on any of those days. Where distress could not be found sufficient to satisfy the respective penalties, the offender to sit in the stocks 6 hours." A Act passed for suppressing of Incest, Adultery, and Fornication.] May 10. An Act was passed for suppressing the detestable Sins of Incest, Adultery, and Fornication. The most material clauses thereof were these; "That all persons guilty of Incest shall suffer 4 R reduction and settlement of Ireland he perfected to the best advantage and future ease of the charge of this Comm wealth." death, without benefit of clergy, that incestuous against bringing it in may be removed. Al Marriages shall be void, and the children ille-to consider by what ways and means gitimate: that Adultery shall also be deemed felony, and punished with death: but this shall not extend to any man who, at the time of committing such offence, did not know the woman to be married; nor to any woman whose husband shall be 3 years absent from her, so as she did not know him to be living. In case of Fornication, both parties, for the first offence, were to suffer 3 months imprisonment without bail, and also give security for their good behaviour for one whole year after. Every common bawd, for the first offence, to be openly whipped, set in the pillory, and there marked with a hot iron in the forehead with a B; also to be committed to the house of correction for 3 years without bail, and until sufficient security be given for good behaviour during life and the persons a second time found guilty of the last recited offences were to suffer death." A Commissioner from the States of His and West-Friesland admitted to an Andr by the Parliament.] The same day a Comm sioner from the States of Holland and Wa Friesland, was admitted to an audience; he delivered in his credentials, and the Is sires of his Masters, in French, by won mouth. Soon after, the house resolved to ge an Answer to this Commissioner on a da pointed; when being come into the Cour Wards, and the house apprized of it, the jeant was sent to attend him, together wits master of the ceremonies: being come wi the door uncovered, he came up to the the serjeant at arms attending on his hand, and the master of the ceremonies oct Gen. Cromwell returns from Ireland.] June left; where, after mutual compliments betwe 4. This day Cromwell, the parliament's victo-him and Mr. Speaker, all the members surerious general and lord-lieutenant of Ireland,ing, he sat down in a chair, placed at the who had been sent for over, took his seat in the house; when the Speaker, by order, gave him Thanks, in an eloquent oration, as the Journals express it, for his faithful services; setting forth the great Providence of God in those great and strange works, which God had wrought by him as the instrument. The Parliament appoint their standing Couneil.] June 6. The parliament having resolved to appoint a standing Council for the Commonwealth, they this day agreed upon sir Tho. Widdrington and serjeant Green for that purpose, by the title of Serjeants at Law, for the Commonwealth,' and Robert Reynolds, esq. to be their Solicitor-General. A Bill ordered in against immodest Dresses of Women.] June 7. A Bill was ordered to be read the Friday ensuing, against the Vice of Painting, wearing black Patches, and im modest Dresses of Women: but no mention is made of it in the Journal of that day, nor in Scobel's Acts; from whence it seems the ladies had interest enough to nip this project in the bud. Gen. Cromwell gives the House an Account of the State of Ireland.] June 11. All the members having been required to give their attendance this day by 9 in the morning, general Cromwell standing up in his place in the house, made a Narrative of the State of the garrisons and forces of the enemy in Ireland, and their interest there; and likewise of the parliament's forces, in garrison and in the field, their condition, in what employment they were, and under what commands. At the end of which it was resolved, "That it be referred to the Council of State to take care of sending such speedy Supplies of Money for Ireland, as shall be necessary for the carrying on of that work; and to see what money there is, in present view that can be made effectual for that service, and how the obstructions place, on the north side of the house; and, and the greatness and weight of the charge, he humbly desired to be excused; and for that purpose intended to signify his mind herein unto the parliament."-Here follows ano- ther hiatus in the Journals, where, most probably, the lord Fairfax's real reasons for resigning his Commission were entered: but this deficiency is amply made up by Mr. Whitlock● in his Memorials, who has given a Narrative of the whole conference on this remarkable occasion between lord Fairfax and the Committee from the Council of State, of which himself was one." he hath made on their part, and of the vours which the said high and potent from time to time, have used with the provinces, not only to prevent any misstanding, but to maintain all friendly good correspondency between the two that they do the more chearfully and y entertain what hath been propounded em by your lordship; and do resolve to r those assurances of friendship and bourly commerce which your lordship give on the behalf of your superiors, with real returns of good acceptance; desirs an happy result from the same, that The Parliament pass a Vote of thanks to Lord ommonwealth and the States of Holland Fairfax, for his faithful Services.] The same West-Friesland may not only correspond day that Mr. Whitlocke had reported to the er in a neighbourly and friendly com-house lord Fairfax's desire of resigning his com, but may at last grow up to so strict an mission, they resolved, That a committee be and alliance, as may be found necessary appointed to go to his lordship, and let him e good of both.And as there shall be know the parliament's high esteem and good on for your lordship to represent any acceptation of those eminent and faithful Serer particulars concerning the interest of vices, which have, by the blessing of God upon rovince, or of any member thereof, where- his endeavours, been by him performed for the there is no proper remedy applicable in Commonwealth, and that they are persuaded rdinary course of justice, the parliament of his continued fidelity and affection. empowered the Council of State to rethe same, and give such Answers from to time as shall be requisite, and may ss the regard which this Commonwealth to the friendship of those by whom your ip is deputed."This being ended, Mr. ker, by the master of the ceremonies, ered the same Answer to the Commisr in writing, signed by the clerk: which g received, he returned a reply to this [Here follows an hiatus in the Jourand we are left in the dark as to Auswer made by the Commissioner.] e House resolve that Lord Fairfax and Cromwell should march with an Army the North.] June 12. The house voted the lord-general Fairfax and lieut, general well, lord lieut. of Ireland, should both commanded to go upon the Northern edition. And that the Council of State cquaint them with it, and take care heir speedy march towards Scotland. e Lord General Fairfax declines_accepthe Command in that Expedition.] June The lord-commissioner Whitlocke reed from the Council of State, That they gacquainted by the lord-general Fairfax some difficulties were upon him concernhe undertaking of the service required of by the new Commission sent to him from parliament; thereupon the Council had Sinted a committee to confer with his lord. for his satisfaction, which was endened by them, upon a long debate with his ship: the result upon which conference to this effect; "That the lord-general conceive that, upon the new commiscoming to him, the former commission of eral is at an end, and he freed from that ge; and in regard of his own infirmities want of health, and want of freedom to ertake this service as a new employment, It was also ordered, That all the Records belonging to the late house of Peers, be delivered to Mr. Scobell, the present clerk to the parliament. The Parliament resolve to send an Army into Scotland forthwith: And publish a Declaration of the Justice and Necessity thereof.] June 26. The lord commissioner Whitlocke made another report from the Council of State, "That, in pursuance of the order of parliament, they had put an Army in readiness, and had given them orders to march northward: and that, upon mature consideration of what was required by the said Order, it was the opinion of that council, That they cannot prevent an Invasion from Scotland, but by the marching of an army into that kingdom" The justice and necessity of which expedition was set forth in a Declaration; a draught whereof was offered to the consideration of parliament. The said Declaration being read by parts, and every part put to the question, it was with some amendments agreed to, nem. con. Afterwards it was resolved, "That it was just and necessary for the Army of England to march into Scotland forthwith." The Declaration was also ordered to be printed and published, with several other Papers annexed thereto, under the inspection of the Council of State; to whom it was referred to take care for the stopping of all correspondency, intelligence, traffic, or commerce, between England and Scotland, as they should see cause. The Parliament appoint Cromwell CaptainGeneral on lord Fairfax's resigning his Commission.] The same day, the earl of Pembroke reported from the committee appointed to attend the lord-General Fairfax with the Vote of yesterday, That they had accordingly attended on him; and that his lordship returned his * Memorials, p. 443. humble thanks to the parliament for their great | king of Spain, and signed by their Speake favour and respects to him. The house being also informed that Mr. Rushworth, his lordship's secretary, was at the door, he was called in; and acquainted Mr. Speaker, That the lord-general had commanded him to present to the parliament the last commission he received from them; and likewise his first commission, if they pleased to command it: accordingly the last commission was delivered in. Next, it was resolved that Mr. Rushworth do likewise deliver in the first commission, which was done. After all this ceremony, an Act for repealing the Ordinance and Act of Parliament for constituting Thomas lord Fairfax captaingeneral and commander in chief of all the forces raised by their authority, was passed, and ordered to be printed and published; as was also another for appointing lieut. general Cromwell to succeed his lordship in that important station*. An Act passed against profane Swearing.] June 28. The only Act passed this month worth our notice, besides those above-mentioned, was For better preventing and suppressing of profane Swearing and Cursing,' whereby it was enacted, That every person styling himself a duke, marquis, earl, viscount or baron, should, for the first offence, forfeit 30s. a baronet or knight, 20s. an esquire, 10s. a gentleman 6s. 8d. and all inferior persons Ss. 4d. double for the second, &c. to the ninth; and for the tenth to be bound to the good behaviour. The like penalty on Women offending; a wife or widow to pay according to the quality of her husband, and a single woman that of her father. Penalties to be recovered by distress and sale of the offenders goods; and, in default thereof, the party, if above 12 years of age, to be set in the stocks; if under, to be publicly whipt.. demand justice on the murderers of Mr. Commissioners of Excise prohibited i The same day, the parliament received vice from Ireland, of a great Victory obcas Mr. Ascham, the Parliament's Agent in there by the Parliament's Forces common Spain, assassinated.] July. About the middle by sir Charles Coote, against the Rebels of last month Mr. Ascham, whom the parlia- 28th of June last, with a List of their C ment had sent as their agent into Spain, was manders slam or taken prisoners in the acti assassinated at an Inn in Madrid, together with for which a Day of Thanksgiving war one signor Riba, his interpreter, by six Eng-pointed to be held on the 26th instant. lishmen; who inquiring for Mr. Ascham, and being admitted to his chamber, as he rose to salute them, the foremost laid hold on him by the hair and stabbed him; whereupon the interpreter, endeavouring to make his escape, was stabbed by another. The murderers having fled for refuge to the Venetian Ambassador's house, who refused them entrance, they took sanctuary in the next church. When the par-vited him and his officers to dinner, wher liament was informed of this affair by Mr. Fisher, their late Agent's secretary, they first ordered that a Letter should be written to the Mr. Whitlocke attributes the great expedition made in passing these two Acts, to the contrivance of Cromwell's friends, who urged the ill consequences of the Army's being without a head; and adds, "That great ceremonies and congratulations of the new General were made to him from all sorts of people; and that he went on roundly with his business." Cromwell departs for Scotland.] Jane The parliament were now so intent upon p secuting their Expedition into Scotland, 14 this day, only 3 days after Cromwell's ber; appointed Captain-General of the Amy, set forward from London towards the Na When he arrived at York, the lord mayer, dermen, and sheriffs attended on him, and they were highly caressed. At Durham A. Hasilrigg, governor of Newcastle, with ca Pride, and other officers, met him, and are ed him to that town, where he arrived on the 15th of July. During his stay there, a Fac was kept to implore God's blessing up the Army's undertaking, and a Declaration agreed on to be dispersed in their mar which, being sent up to the parliament on the 19th, was by them ordered to be fart printed and published. It was intitled, “ Declaration of the Army of England oper |