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ror and stupefaction of all the honest part of
this nation, and indeed of all nations, who are
spectators, we have seen on the credit of those
very practices and principles, and to carry
them further into effect, those very men placed
on the sacred seat of justice, in the capital
city of your late kingdom. Cromwell, when he
attempted to legalise his power, and to settle
his conquered country in a state of order, did
not look for dispensers of justice, in the instru-
ments of his usurpation. Quite the contrary.
He sought out with great solicitude and selec-
tion, and ever from the party most opposite to
bis designs, men of right and decorum of cha-
racter, men unstained with the violence of the
times, and with hands not fouled with confisca-
tion and sacrilege; for he chose an Hales *
for his Chief Justice, though he absolutely re-
fused to take his civic oaths, or to make any
acknowledgment whatsoever of the legality of
his government. Cromwell told this great law-
yer, that since he did not approve his title, all
he required of him was, to administer in a man-
ner agreeable to his pure sentiments, and un-
spotted character, that justice without which
buman society cannot subsist, that it was not
his particular government, but civil order it-
self, which as a judge he wished to support.
Cromwell knew how to separate the institutions
expedient to his usurpation, from the adminis-
tration of the public justice of his country. For
Cromwell was a man in whom ambition had not
wholly suppressed, but only suspended the sen-
timents of religion, and the love, as far as it could
consist with his designs, of fair and honourable
reputation. Accordingly we are indebted to
this act of his, for the preservation of our laws,
which some senseless asserters of the rights of
men, were then on the point of erasing as re-
lics of feudality, and barbarism. Besides he
gave, in the appointment of that man, to that
age, and to all posterity, the most brilliant ex-
ample of sincere and fervent piety, exact jus-
tice, and profound jurisprudence. But these
are not the things in which your philosophic
usurpers chuse to follow Cromwell." In ano-
ther place ("Remarks on the Policy of the Al-
lies," 1793, vol. 7, same edition, p. 196) he says,
"The government of Cromwell was to be sure
somewhat rigid, but for a new power no savage
tyranny. The country was nearly as well in his
hands, as in those of Charles the second, and
in some points much better. The laws in ge-
neral had their course, and were admirably ad-
ministered."

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content myself with the authorities of Claren-
don and Coke, who, though of different princi-
ples, were equally foes to the government and
memory of the Protector. The former affirms,
That in matters which did not concern the
life of his jurisdiction, he seemed to have
great reverence for the law, rarely interposing
between party and party.' The latter assures
"That Westminster-Hall was never reple-
us,
'nished with more learned and upright judges
than by him; nor was justice either in law
or equity, in civil cases, more equally distri-
The
'buted, where he was not a party.
names of his judges, possibly, may not be unac-
ceptable to some readers. They were as fol-
lows: the Lord Chief Justices Glyn and St.
John; the Justices Warburton, Newdigate,
Atkins, Hale, Windham; the Barons Nicholas,
Parker, Hill. The Commissioners of the Great
Seal, at first, were the famous Mr. Whitelocke,
Widrington and Lenthal; afterwards Fiennes,
Lisle and Lenthal. The gentlemen of the long
robe still mention the names of some of these
How solicitous
persons with great honour.
Cromwell was to appoint the most able and
upright persons to fill the important posts of
the law, will best appear by the following quo-
tations. "Cromwell seeing him (Mr. Hale)
possest of so much practice, and he being one
of the eminentest men of the law, who was
'not at all afraid of doing his duty in those
'critical times, resolved to take him off from
it, and raise him to the bench. Mr. Hale
saw well enough the snare laid for him, and
though he did not much consider the preju-
dice it would be to himself, to exchange the
easy and safer profits he had by his practice
for a judge's place in the Common Pleas,
which he was required to accept of, yet he did
'deliberate more on the lawfulness of taking a
'commission from usurpers; but having consi-
'dered well of this, he came to be of opinion,
that it being absolutely necessary to have jus-
tice and property kept up at all times, it was
no sin to take a cominission from usurpers, if
' he made no declaration of his acknowledging
He was
their authority, which he never did
'much urged to accept of it by some eminent
'men of his own profession, who were of the
King's party, as sir Orlando Bridgman, and
'sir Geoffery Palmer; and was also satisfied
'concerning the lawfulness of it, by the reso-

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lution of some famous divines, in particular 'Dr. Sheldon and Dr. Henchman, who were 'afterwards promoted to the sees of Canterbury and London. To these were added the 'importunities of all his friends, who thought, that in a time of so much danger and oppression, it might be no small security to the nation, to have a man of his integrity and abili 'ties on the bench: and the usurpers them'selves heid him in that estimation, that they 'were glad to have him give a countenance to their courts, and, by promoting one that was 'known to have different principles from them, affected the reputation of honouring and trusting men of eminent virtues, of what per

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suasion soever they might be, in relation to public matters.' Another work speaks more plainly on this subject. He [Cromwell] studied to seek out able and honest men, and to employ them. And so having heard that my father had a very great reputation in Scotland, for piety and integrity, though he knew him to be a Royalist, he sent to him, desiring him to accept of a judge's place, and to do justice £ in his own country, hoping only that he would not act against his government, but he would not press bim to subscribe or swear to it. Burnet.-How great! how generous! it was hardly possible, but a man of such a disposi

Mr. Barrington in his Observations on Stat. 9 Hen. 4, tells us, "It hath been often said, that the worse title the better king."

Ludlow, in relating the events which preceded the Restoration, tells us, "So low were the affairs of the parliament, and their authority so little regarded, even in Westminster Hall, that sir Robert Pye, who had been committed to the Tower by their order, suing for his Habeas Corpus at the Upper Bench, and Judge Newdigate demanding of the counsel for the Commonwealth what they had to say why ic should not be granted; the counsel answered, they had nothing to say against it. Whereupon the Judge, though no enemy to monarchy, It is observable, that Waller in his spirited yet ashamed to see them so unfaithful to their "Panegyric to my Lord Protector, of the pre-trust, replied, That if they had nothing to say, sent Greatness and Joint Interest of his High-he had for that sir Robert Pye being comness and this Nation," does not notice this mitted by an Order of the parliament, an infemerit in Cromwell. rior court could not discharge him."

tion must be well served."

205. The Trials of TWENTY-NINE REGICIDES, at the Old Bailey, for High Treason, which began the 9th Day of October, a. D. 1660: 12 CHARLES II.

INTRODUCTION.

in this conjuncture; when common reason must satisfy all men, that we cannot be withOF the intrigues at home and abroad which out assistance from abroad, we choose rather preceded and accompanied the Restoration, to send to you, who have it in your power to many particulars are related by Clarendon and prevent that ruin and desolation which a war Ludlow. The following six were Instruments would bring upon the nation, and to make the dispatched by Charles the Second to England whole kingdom owe the peace, happiness, secubefore his arrival. They contain the assur-rity, and glory it shall enjoy, to your virtue; ances of mercy alluded to in the Trials of the Regicides, and in that of sir Henry

Vane.

The LETTER of the KING to the GENERAL and

and to acknowledge that your armies have complied with their obligations, for which they were first raised, for the preservation of the Protes tant Religion, the honour and dignity of the king, the privileges of parliament, the liberty To Our Trusty and Well-beloved General and property of the subject, and the fundamenMonk, to be by him communicated to the tal laws of the land; and that you have vindiPresident, and Council of State, and to the cated that trust, which others most perfidiously Officers of the Armies under his Com-abused and betrayed. How much we desire,

mand.

the ARMY.

Charles R.; Trusty, and well-beloved, We greet you well: It cannot be believed, but that we have been, are, and ever must be, as solicitous as we can, by all endeavours to improve the affections of our good subjects at home, and to procure the assistance of our friends and allies abroad, for the recovery of that right, which, by the laws of God and man, is unquestionable, and of which we have been so long dispossessed by such force, and with those circumstances, as we do not desire to ag gravate by any sharp expressions; but rather wish, that the memory of what is past, may be buried to the world. That we have inore endeavoured to prepare, and to improve the affections of our subjects at home for our restoration, than to procure assistance from abroad to invade either of our kingdoms, is as manifest to the world. And we cannot give a better evidence that we are still of the same mind, than

and resolve to contribute to those good ends, will appear to you by our inclosed Declaration; which we desire you to cause to be published for the information and satisfaction of all good subjects, who do not desire a farther effusion of precious Christian blood, but to have their peace and security founded upon that which can only support it, an unity of affections amongst ourselves, an equal administration of justice to men, restoring parliaments to a full capacity of providing for all that is amiss, and the laws of the land to their due veneration.

You have been yourselves witnesses of so mauy revolutions, and have had so much experience, how far any power and authority that is only assumed by passion and appetite, and not supported by justice, is from providing for the happiness and peace of the people, or from receiving any obedience from them (without which no government can provide for them) that you may very reasonably believe, that God hath not been so well pleased with the at

tempts that have been made, since he hath usually encreased the confusion, by giving all the success that hath been desired, and brought that to pass without effect, which the designers have proposed as the best means to settle and compose the nation: and therefore we cannot but hope and believe, that you will concur with us in the remedy we have applied; which, to human understanding, is only proper for the ills we all groan under; and that you will make yourselves the blessed instruments to bring this blessing of peace and reconciliation upon king and people, it being the usual method in which Divine Providence delighteth itself, to use and sanctify those very means, which ill men design for the satisfaction of private and particular ends and ambition, and other wicked purposes, to wholesome and public ends, and to establish that good which is most contrary to the designers; which is the greatest manifestation of God's peculiar kindness to a nation that can be given in this world. How far we resolve to preserve your interests, and reward your services, we refer to our Declaration; and we hope God will inspire you to perform your duty to us, and to your native country; whose happiness cannot be separated from each other.

We have intrusted our well-beloved servant sir John Greenvil, one of the gentlemen of our Bed Chamber, to deliver this unto you, and to give us an account of your reception of it, and to desire you, in our name, that it may be published. And so we bid you farewel. Given at our Court at Breda, this 4-14th of April, 1660, in the twelfth year of our reign.

The KING'S LETTER to the HOUSE of COMMONS. To Our Trusty, and Well-beloved, the Speaker

of the House of Commons.

Charles R.-Trusty and well-beloved, we greet you well: In these great and insupportable afflictions and calamities, under which the poor nation hath been so long exercised, and by which it is so near exhausted, We cannot think of a more natural and proper remedy, than to resort to those for counsel and advice, who have seen and observed the first beginning of our miseries, the progress from bad to worse, and the mistakes and misunderstandings, which have been produced, and contributed to inconveniencies which were not intended; and after so many revolutions, and the observation of what hath attended them, are now trusted by our good subjects to repair the breaches which are made, and to provide proper remedies for those evils, and for the lasting peace, happiness, and security of the kingdom.

We do assure you upon our royal word, that none of our predecessors have had a greater esteem of parliaments, than we have in our judgment, as well as from our obligation; we do believe them to be so vital a part of the constitution of the kingdom, and so necessary for the government of it, that we well know neither prince nor people can be in any tolerable degree happy without them; and therefore you

may be confident, that we shall always look upon their counsels, as the best we can receive; and shall be as tender of their privileges, and as careful to preserve and protect them, as of that which is most near to ourscif, and most necessary for our own preservation.

And as this is our opinion of parliaments; that their authority is most necessary for the government of the kingdom; so we are most confident, that you believe, and find, that the preservation of the king's authority is as neces sary for the preservation of parliaments; and that it is not the name, but the right constitu tion of them, which can prepare and apply proper remedies for those evils which are grievous to the people, and which can thereby establish their peace and security. And therefore we have not the least doubt, but that you will be as tender in, and as jealous of, any thing that may infringe our honour, or impair our authority, as of your own liberty and property; which is best preserved by preserving the other.

How far we have trusted you in this great affair, and how much it is in your power to restore the nation to all that it hath lost, and to redeem it from any infamy it hath undergone, and to make the king and people as happy as they ought to be; you will find by our inclosed Declaration; a copy of which we have likewise sent to the house of peers: and you will easily believe, that we would not voluntarily, and of ourself, have reposed so great a trust in you, but upon an entire confidence that you will not abuse it, and that you will proceed in such a manner, and with such due consideration of us who have trusted you, that we shall not be ashamed of declining other assistance (which we have assurance of) and repairing to you for more natural and proper remedies for the evils we would be freed from; nor sorry, that we have bound up our own interests so entirely with that of our subjects, as that we refer it to the same persons to take care of us, who are trusted to provide for them. We look upon you as wise and dispassionate men, and good patriots, who will raise up those banks and fences which have been cast down, and whố will most reasonably hope, that the same prosperity will again spring from those roots, from which it hath heretofore and always grown; nor can we apprehend that you will propose any thing to us, or expect any thing from us, but what we are as ready to give, as you to receive.

If you desire the advancement and propagation of the Protestant Religion, we have, by our constant profession, and practice of it, given sufficient testimony to the world, that neither the unkindness of those of the same faith towards us, nor the civilities and obligations from those of a contrary profession (of both which we have had an abundant evidence) could in the least degree startle us, or make us swerve from it; and nothing can be proposed to manifest our zeal and affection for it, to which we will not readily consent. we hope, in due time, ourself to propose some

And

what to you for the propagation of it, that will satisfy the world, that we have always made it both our care and our study, and have enough observed what is most like to bring disadvantage to it.

If you desire security for those who, in these calamitous times, either wilfully or weakly have transgressed those bounds which were prescribed, and have invaded each others rights, we have left to you to provide for their security and indemnity, and in such a way, as you shall think just and reasonable; and by a just computation of what men have done, and suffered, as near as is possible, to take care that all men be satisfied; which is the surest way to suppress, and extirpate all such uncharitableness and animosity, as might hereafter shake and threaten that peace, which for the present might seem established. If there be a crying sin, for which the nation may be involved in the infamy that attends it, we cannot doubt but that you will be as solicitous to redeem it, and vindicate the nation from that guilt and infamy, as we can be.

If you desire that reverence and obedience may be paid to the fundamental laws of the land, and that justice may be equally and impartially administered to all men, it is that which we desire to be sworn to curself, and that all persons in power and authority should

be so too.

In a word, there is nothing that you can propose that may make the kingdom happy, which we will not contend with you to compass; and upon this confidence and assurance, we have thought fit to send you this Declaration, that you may as much as is possible, at this distance, see our heart; which, when God shall bring us nearer together (as we hope he will do shortly) will appear to you very agreeable to what we have professed; and we hope, that we have made that right Christian use of our affliction, and that the observation and experience we have had in other countries, have been such, as that we, and, we hope, all our subjects, shall be the better for what we have seen and suffered.

We shall add no more, but our prayers to Almighty God, that he will so bless your counsels, and direct your endeavours, that his glory and worship may be provided for; and the peace, honour, and happiness of the nation, may be established upon those foundations which can best support it. And so we bid you farewell.-Given at our Court at Breda, this 4-14th day of April 1660, in the twelfth year of our reign.

The KING'S DECLARATION.

C. R. Charles, by the grace of God, king of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all our loving subjects of what degree or quality soever, greeting. If the general distraction, and confusion, which is spread over the whole kingdom, doth not awaken all men to a desire, and longing, that those wounds which have so

many years together been kept bleeding, may be bound up, all we can say will be to no purpose. However, after this long silence, we have thought it our duty to declare, how much we desire to contribute thereunto: and that, as we can never give over the hope, in good time, to obtain the possession of that right, which God and nature bath made our due; so we do make it our daily suit to the Divine Providence, that he will, in compassion to us, and our subjects, after so long misery and sufferings, remit, and put us into a quiet, and peaceable possession of that our right, with as little blood and damage to our people as is possible; nor do we desire more to enjoy what is ours, than that all our subjects may enjoy what by law is theirs, by a full and entire administration of justice throughout the land, and by extending our mercy where it is wanted and deserved.

And to the end that fear of punishment may not engage any conscious to themselves of what is past, to a perseverance in guilt for the future, by opposing the quiet and happiness of their country, in the Restoration both of king, and peers, and people, to their just, ancient, and fundamental rights; we do by these presents declare, that we do grant a free and general Pardon, which we are ready, upon demand, to pass under our great seal of England, to all our subjects of what degree or quality soever, who within forty days after the publishing hereof, shall lay hold upon this our grace and favour, and shall by any public act declare their doing so, and that they return to the loyalty and obedience of good subjects; excepting only such persons as shall hereafter be excepted by parliament. Those only excepted, let all our subjects, how faulty soever, rely upon the word of a king, solemnly given by this present Declaration, that no crime whatsoever committed against us, or our royal father, before the publication of this, shall ever rise in judgment, or be brought in question, against any of them, to the least indamngement of them, either in their lives, liberties, or estates, or (as far forth as lies in our power) so much as to the prejudice of their reputations, by any reproach, or terms of distinction from the rest of our best subjects; we desiring, and ordaining, that henceforward all notes of discord, separation, and difference of parties, be utterly abolished among all our subjects; whom we invite and conjure to a perfect union among themselves, under our protection, for the resettlement of our just rights, and theirs, in a free parliament; by which, upon the word of a king, we will be advised.

And because the passion and uncharitableness of the times, have produced several opinions in religiou, by which men are engaged in parties and animositics against each other; which, when they shall hereafter unite in a freedom of conversation, will be composed, or better understood; we do declare a Liberty to Tender Consciences; and that no man shall be disquieted, or called in question, for differences

of opinion in matters of religion which do not disturb the peace of the kingdom; and that we shall be ready to consent to such an act of parliament, as, upon mature deliberation, shall be offered to us, for the full granting that indulgence.

And because in the continued distractions of so many years, and so many and great revolutions, many grants and purchases of estates have been made to and by many officers, soldiers, and others, who are now possessed of the same, and who may be liable to actions at law, upon several titles; we are likewise willing that all such differences and all things relating to such grants, sales, and purchases, shall be determined in parliament; which can best provide for the just satisfaction of all men who are concerned. And we do farther declare, that we will be ready to consent to any act or acts of parliament to the purposes aforesaid, and for the full satisfaction of all Arrears due to the officers and soldiers of the Army under the command of general Monk; and that they shall be received into our service upon as good pay, and conditions, as they now enjoy.-Given under our Sign Manual, and Privy Signet, at our Court at Breda, the 4-14th day of April, 1660, in the twelfth year of our reign.

The KING'S LETTER to the HOUSE of LORDS. C. R. Right trusty and right well-beloved cousins, and right trusty and well-beloved cousins, and trusty and right well-beloved; we greet you well. We cannot have a better reason to promise ourself an end of our common sufferings and calamities, and that our own just power and authority will, with God's blessing, be restored to us, than that you are again acknowledged to have that authority and jurisdiction which hath always he longed to you by your birth, and the fundamental laws of the land: and we have thought it very fit and safe for us to call to you for your help, in the composing the confounding distempers and distractions of the kingdom; in which your sufferings are next to those we have undergone ourself; and therefore you cannot but be the most proper counsellors for removing those mischiefs, and for preventing the like for the future. How great a trust we repose in you, for the procuring and establishing a blessed peace and security for the kingdom, will appear to you by our inclosed Declaration; which trust, we are most confident you will discharge with that justice, and wisdom, that becomes you, and must always be expected from you; and that, upon your experience how one violation succeeds another, when the known relations and rules of justice are once transgressed, you will be as jealous for the rights of the crown, and for the honour of your king, as for yourselves: and then you cannot but discharge your trust with good success, and provide for, and establish the peace, happiness, and honour of King, Lords, and Commons, upon that foundation which can only support it; and we shall be all happy

in each other and as the whole kingdom will bless God for you all, so we shall hold ourself obliged in an especial manner to thank you in particular, according to the affection you shall express towards us. We need the less enlarge to you upon this subject, because we have likewise writ to the House of Commons; which we suppose they will communicate to you. And we pray God to bless your joint endeavours for the good of us all. And so we bid you very heartily farewell.-Given at our Court at Breda, this 4-14th day of April, 1660, in the twelfth year of our reign.

The KING'S LETTER to the FLEET.

To our Trusty and Well-beloved General Monk, and General Mountague, Generals at Sea, to be communicated to the Fleet. C. R. Trusty and well-beloved, we greet you well. It is no small comfort to us, after so long and great troubles and miseries, which the whole nation hath groaned under; and after so great revolutions, which have still increased those miseries, to hear that the Fleet and Ships, which are the walls of the kingdom, are put under the command of two persons so well disposed to, and concerned in, the peace and happiness of the kingdom, as we believe you to be; and that the officers and seamen under your command, are more inclined to return to their duty to us, and put a period to these distempers and distractions, which have so impoverished, and dishonoured the nation, than to widen the breach, and to raise their fortunes by rapine and violence; which gives us great encouragement and hope, that God Almighty will heal the wounds by the same plaister that made the flesh raw; that he will proceed in the same method in pouring his blessings upon us, which he was pleased to ise, when he began to afflict us; and that the manifestation of the good affection of the Fleet and Seamen towards us, and the peace of the nation, may be the prologue to that peace, which was first interrupted by the mistake and misunderstanding of their predecessors; which would be such a blessing upon us all, that we should not be less delighted with the manner, than the matter of it.

In this hope and confidence, we have sent the inclosed Declaration to you; by which you may discern, how much we are willing to contribute towards the obtaining the general and public peace: in which as no man can be more, or so much, concerned, so no man can be more solicitous for it. And we do earnestly desire you, that you will cause the said Declaration to be published to all the Officers and Seamen of the Fleet; to the end, that they may plainly discern, how much we have put it into their power to provide for the peace and happiness of the nation who have been always understood by them to be the best and most proper counsellors for those good ends : and you are likewise farther to declare to them, that we have the same gracious purpose to

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