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A bill passed
fail. But this argument, having been already considered in the first part of this work, needs not be repeated.
As for the bill, the house passed it in the form following:
“ The parliament have thought fit to declare and enact, and for this pur- be it declared and enacted by this present parliament, and by
the authority of the same, that all the report-books of the resolutions of judges, and other books of the law of England, shall be translated into the English tongue: and from and after the first day of January 1650, all report-books of the resolutions of judges, and all other books of the law of England, which shall be printed, shall be printed in the English tongue only.
" And be it farther enacted, by the authority aforesaid, that from and after the first return of Easter term, which shall be in the year one thousand six hundred fifty and one, all writs, process, and returns thereof, and all pleadings, rules, indictments, inquisitions, certificates, and all patents, commissions, records, judgments, statutes, recognizances, rolls, entries, and proceedings of courts-leet, courts-baron, and customarycourts, and all proceedings whatsoever in any courts of justice within this commonwealth, and which concerns the law and
administration of justice, shall be in the English tongue only, Nov. 22, and not in Latin, or French, or any other language than EngA.D. 1650.
lish, any law, or custom, or usage, heretofore to the contrary notwithstanding. And that the same, and every of them, shall be written in an ordinary, usual, and legible hand and character, and not in any hand commonly called court hand.
“ And be it lastly enacted and ordained, that all and every person and persons offending against this law, shall for every such offence lose and forfeit the full sum of twenty pounds of lawful English money; the one moiety thereof to the use of the commonwealth, and the other moiety to such person or persons as will sue for the same in any court of record, by action of
debt, suit, bill, plaint, or information; in which no wager of Scobel's law, essoyn, or other delay, shall be admitted or allowed.”
About four months forward, an act passed for referring the April, A. D.
translation of law-books and forms of process to the speaker, the commissioners of the great seal, the two chief justices, and the chief baron. And what was agreed by these, or any two of them, was to pass for an authentic translation, and have the
Collect. fo). 148.
Id. fol. 154.
great seal fixed to it. And here a proviso was thrown in, that CHARLES these acts were not to extend to the courts of admiralty ; but that the proceedings there might pass and be certified in Latin, according to ancient usage.
Mr. Love, who had preached seditiously against the late Love tried king at Uxbridge, fell under the displeasure of those at the for high helm, and was tried for high-treason. He confessed himself and exeprivy to a design for concerting with the Scots, and was sentenced to lose his head. Upon the day fixed for his execution, a petition was presented to the pretended parliament by several London ministers, requesting, that in case it was not thought proper to grant a pardon, they might at least prevail for a reprieve. This address procured a month's respite, after which he was beheaded on Tower-hill.
The Scotch Royalists and Covenanters, being now tolerably p. 468. 471. reconciled, the king appeared at the head of a considerable army in that country; and, after having tried his fortune to some disadvantage with Cromwell, entered England by way of the king Carlisle. Massey, who had signalized himself at Gloucester marches with against the late king, was now returned to his duty, and into Eng; trusted by his present majesty. This gentleman being an is defeated officer of character, and an eminent Presbyterian, was detached at Worcester. with some troops, and ordered to keep about a day's march before the army; his business was to give notice of the king's approach, prepare the gentry to attend him, and bring in those of his own party.
This expedition, though not the worst concerted, is said to have been ruined by entertaining a committee of Scotch ministers in the army. These divines observed, that after the king's entrance into England, those about his majesty grew cooler in their regards for the covenant. Upon this shocking discovery, they sent an express to Massey, without acquainting the king with such an extraordinary freedom. This messenger was furnished with letters and a declaration, which Massey was required to publish. The instrument set forth “ the king's and the whole army's zeal for the covenant, and their resolution to prosecute the true intent of this engagement; they likewise forbid him entertaining any soldiers, excepting such who would subscribe the same obligation.” The king, who had quickly notice of this dispatch, sent a countermand to Massey : but, before this order was received, the business took
air, spread through the kingdom, discouraged his majesty's
friends, and made a great many people less forward to serve Lord Cla- him than formerly. Notwithstanding this accident, the king Hist. of the held on his march to Worcester, and entered the town. And
now Cromwell and Lambert being come up with a superior army, a decisive battle was fought on the 3d of September. During the action the king distinguished himself, and did his own part to great commendation. But his troops being overlaid with numbers, were, after a stout resistance, broken, and routed. After this defeat the king lay concealed for some time, and with much difficulty got himself transported to France. Cromwell, in his letter to the pretended parliament, confesses the battle was fought with various success for some hours. I shall give the reader some of his religious cant upon this occasion :
Cromwell's “ The dimensions of this mercy are above my thoughts : it canting reflections
is, for aught I know, a crowning mercy; surely if it be not,
such an one we shall have, if this provoke those that are conThis letter is cerned in it to thankfulness, and the parliament to do the will the speaker.
of Him who hath done his will for it and for the nation, whose
good pleasure is to establish the nation and the change of the 866. government, by making the people so willing to the defence
thereof, and so signally to bless the endeavours of your servants in this late great work.
“ I am bold humbly to beg, that all thoughts may tend to the promoting His honour, who hath wrought so great salvation, and that the fatness of these continued mercies may not occasion pride and wantonness, as formerly the like hath done to a chosen people.
“But that the fear of the Lord, even for his mercies, may keep an authority, and a people so prospered and blessed, and witnessed to, humble and faithful, that justice and righteousness, mercy and truth, may flow from you, as a thankful return to our glorious God: this shall be the prayer of
After the English had overrun Scotland, and brought that CHARLES nation to submission, the Presbyterian discipline was quickly checked. For instance, the lord of Drum, being cited by the Monk checks presbytery of Aberdeen, summoned them to appear before discipline. colonel Overton: he declared himself under the protection of the parliament of England, and refused to acknowledge any other jurisdiction. But provided the Kirk would wave their pretences to authority, he offered to purge himself from the imputation of popery. This laird gave lieutenant-general The laird of Monk a letter of thanks for restoring conscience to its just ter to the freedom, and rescuing the people from the tyranny of the presbyters of presbyteries. It must be said, Monk brandished his sword over the assembly, and published an order that neither any oaths, nor the covenant, should be imposed upon any person, without direction from the State of England. And that unless they acquiesced in these points, he should treat them as enemies. He likewise commanded the magistracy not to seize the estates of any excommunicated persons, prohibit correspondence with them, or give them any other disturbance. And thus the discipline of the Kirk was disabled, and laid asleep. But the Presbyterians, headed by the lord Wariston, resolved to contest the matter as far as a remonstrance, and sent a letter to major-general Lambert, in which they charge the English with downright invasion and shedding the blood of many of the Scotch saints: however, they confessed themselves justly punished for their late treaty with the king. They proceed in their expostulation, and complain of the English army for countenancing deposed ministers, and allowing them the pulpit ; for silencing others of that function, upon the score of intermeddling in their sermons with matters of State; they complain of their permitting officers to preach ; for their subordinating the Church to the State in spiritual things; for tolerating the gathering of Churches, pursuant to the practice in England; for lessening the authority of Kirk assemblies, and putting magistrates upon them of unorthodox principles. In the close, they offer to comply as far as their conscience and the liberty of the Kirk will give them leave, and intreat Lambert to use his interest on their behalf, with the rest of the English commissioners.
Id. p. 497. By the way, upon Cromwell's successes, the Scotch surrendered the administration to the Rump-parliament, and were
governed by eight English commissioners, Lambert and Monk being two of the number. To proceed, notwithstanding Monk, by order from the commons at Westminster, had laid an imbargo upon the Scotch discipline, the Kirk went vigorously on with their jurisdiction, and declaimed with great freedom and vehemence against the English: and Cant, a celebrated preacher, harangued his audience to prepare for suffering, pressed the covenant, and when parents offered their children to baptism, he made them promise to educate them for that engagement.
The presbytery of Aberdeen made another trial upon the laird of Drum : they let him know, they resolved to excommunicate him, unless he made a submission and revoked his appeal. This notice was given him in a letter, in which they exhorted him to prevent this dreadful sentence, putting him in mind, that presbytery is the Lord's ordinance; and for proof, cited 1 Tim. iv. 14. and that religious swearing is not only lawful, but commanded by God himself. To this letter the laird of Drum returned an answer in writing, in which he acquaints them, that he could neither in conscience nor honour comply with their demands, and that he was not at all concerned at the menace of their censure. He endeavours to press them with a dilemma, and argues, they are either infallible, or fallible, in forming their resolutions: and here he concludes, they have not assurance enough to challenge the first quality, though their practice oftentimes requires no lesser privilege to support it: however, if they should claim thus high, their counter-marches and frequent changes would disprove them. And since they must confess themselves fallible, he is not much affected with a fallible sentence; he conceives there is a great deal of reason to believe them actually mistaken in urging him to swear, that this Presbyterian scheme is the only Church government established by Christ. And as for their proof from 1 Tim. iv. 14. he tells them, this Epistle, and that to Titus, affords much stronger argument for episcopacy. He grants, that oaths are a branch of religious worship, but that they ought not to be taken without a reserve, without the limitations of judgment and truth. He desires them to remember, how strongly they had remonstrated against the tyranny of bishops, though they were willing to relax in some points, and come to a temper for tender consci