Monday January 29, to Monday February 5, 1648
[Relates to the trial and execution of Charles I]
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Transcript of page 1
This day the House sate early (as was appointed) : one of the late secluded members comming into the House occasioned them to consider of that business upon which they voted. That such members as voted Decemb. 5. last, that the King’s concessions were a ground of settling a peace in this nation, should not be re-admitted, but disabled to sit any longer members for the future.
The Dutch Ambassadors had their audience in the House. They read their Instructions and letters of credence in French, but had no copies thereof in English (as is usual), but said copies should be prepared against to-morrow morning. Their desire was to intercede for the King’s life, and to keep and preserve a fair correspondency between this nation and the estate of Holland, but having no transcripts ready, and being unwilling to leave the originall, the House at that time could not proceed in debate thereof.
This day an Act passed for alteration of severall names and forms heretofore used in courts, writs, grants, patents, &ca., and setling of proceedings in courts of law, justice, and equity, within the kingdoms of England and Ireland, dominion of Wales, and town of Berwick-upon-Tweed as followeth-
Be it enacted by this present Parliament and by authority of the same, that in all Courts of Law, Justice or equity, and in all writs, grants, patents, commissions, indictments, informations, suits, returns of writs, and in all fines, recoveries, exemplifications, recognizances, processes and proceedings of law, justice, or equity within the kingdom of England and Ireland, dominion of Wales, and town of Berwick-upon-Tweed, instead of the name, stile, title, and tests of Custodes, libertatis Anglis authoritate Parliamenti, shall be used, and no other, and the date…
Transcript of page 2
…shall be the year of our Lord and none other, and that all duties, profits, penalties, issues, fines, Amerciaments, and forfeitures whatsoever which heretofore were sued for in the name of the king, shall from henceforth be prosecuted, sued for and recovered in the same name of Custodes libertatis angliæ, authoritate Parlamenti and no other. And in all or any of the proceedings aforesaid where the words were (Invatores pro Domino Rega) from henceforth it shall be (Invatores pro Republico) and where the words in any of the proceedings aforesaid used to be contra pacem, dignitatem vel coronane nostram, that from henceforth these words (Contra Pacem Publicam) instead of them or any of them shall be only used, and all judges, justices, officers, ministers of justice whatsoever are to take notice hereof, and are hereby authorised and required to proceed accordingly, and no otherwise. And whatsoever henceforth shall be done contrary to this Act, shall be and is hereby declared to be null and voyd. Provided always that all writs issued out of the chancery, and all writs Patents of the justices of the one bench and of the other Barons of the Exchequer, commissioners of Ooyer and Termyner, gaol delivery and justices of the peace and all other commissionings, patents, and grants, made and passed under the greate Seale of England shall stand good and effectual in the law, notwithstanding the death of the king, anything in this act, or in any article therein contained, or any law, statute or customs to the contrary thereof in anywise notwithstanding. And it is hereby further ordained and enacted by the authority aforesaid. That all writs originall already issued out under the greate Seale, and all actions, suits, bills or plaints now depending in any Courts of Record in Westminster Hall, or any other Court of Record, and all process Pleas, Demurs, continuances, and proceedings in every such action, suits, bills, or plaints; shall be returnable, stand good and effectuale, and be prosecuted and sued forth in such manner and form, and in the same state condition and order, the said changes and alterations to be as before in this Act expressed, the death of the king or any law custom or usage to the contrary thereof in anywise notwithstanding. And that any variance that shall be occasioned by reason thereof touching any the said writs, process or proceedings in the Name, Stile, Teste or otherwise shall not be any wise materiall as concerning any default or error to be alledged or objected thereunto.
This day the High Court for Triall of the King met, and appointed the place for his execution to be over against the Banquetting House of Whitehall, in order whereunto a scaffold was preparing, the time between the hours of ten and three to-morrow.
The King Saturday and Sunday at Whitehall. Dr. Juxon sat up with him all Saturday night; Sunday he dined and supped in his bedchamber, and seemed very cheerful. This day means were made to deliver a letter to him from the Prince, which the King no sooner received but burnt it.
This day the King was removed to S. James, where his children, from Syon House, came to visit him, but stayed not long. He tooke the Princesse in his armes and kissed her, gave her his blessing, and two seals that he had, wherein were two diamonds. She wept bitterly. The C. Elector, D, of Richmond, and others, made suit to see him, which he refused. This night he lay at S. James.
From Scotland they write that the Ministers of the Kirk preach against the Army in England and the proceedings against their King. They say they are bound by their covenant to preserve Monarchy, and that in the race of the present King. Their Parliament have passed several votes, that those that have been in the late engagement against England shall not bear any office as long as they live, except such of them as were under age and shall manifest their repentance. Such as Sate in Committee, and took their Oathes shall not beare Office for ten years; such as never evidenced their dislike of their way of Petitioning shall not beare office for five yeares; such as are prophane swearers-lascivious persons-and such as do not worship God in their private houses are not to be admitted to any place of Trust. An Act is past for siting all Officers of State to answer; if any appear not they are to be discharged of their trust. Earl Loutherdale expressith a readiness to give obedience to all decrees of Parliament, but that was not thought fit; and therefore he was ordered to appear by Writ, which was accordingly : & Committee is to consider of him. The Earl of Glencarne, having by Petition to Parliament made his way-his Petition being mysterious-as to that of owning them as a Parliament, was to be considered. From Dartmouth, Jan. 26, thus: We had the other day a sight of Prince Rupert with about 14 Revolted Ships sayling by our Coast and bending towards Ireland. They drive the whole Channel before them, and seize upon many severale vessels, but one of great value, laden with cloathe worth 50,000 li. We apprehend a great neglecte in not having any Navy aboard. One of this Fleet was driven in here the 26, where she now remains. The Master reports that the Fleet is very poorly victualled, and worse manned, having not 400 mariners amongst them.
Not any post from Paris this week nor last. Nor any letters this week from Ireland.
