by way of Commission to such as shall be authorized to be Commissioners of
State, for the government of the two Nations of England and Ireland, and Passed
the Instructions (this day) for the ordering of the Militia, the governing of the People,
the setling of Trade, the execution of the Laws, and all other things, for the
safety, defence, and good of the people: all which the House unanimously passed,
and referred the consideration of the names, and the place, with some other circumstances until another time. This took up all the forenoon this day.
In the afternoon, the House being again sate, the Committee brought in an Act
for the sale of Deans and Chapters lands, which was read, and (being long) took
up much time; the manner is, by a Committee and Contractors, and all other
things much like the manner of the sale of Bishops lands, with Instructions also
for the Leases, at such and such a value, so and so, and in all things much like to the
Ordinance for the sale of the Bishops lands.
The Commissioners of the High Court of Justice, met this morning in the
Painted Chamber, & spent much time in preparations in order to the Tryall of
the Lord Capell, and the Earle of Cambridge. And the Articles, and other Papers
in relation to the Lord Capell, about the quarter granted to him were perused
by the Councell. And his Excellency the Lord Generall, Commissary Generall
Ireton, Col. Wbally, Col. Barkestead, Mr. Will. Clerke, with others were sent to,
and desired to be at the sitting of the Court in Westminster-Hall, to give in their
Testimony concerning the Lord Capell, in case he did further insist upon the Articles of mercy to which he had before so much pressed.
This day the High Court of Justice sat in Westminster-Hall, first the Lord Capell
was brought to the Bar, The Atturney Generall moved that this day being
assigned for the prisoner to make good his Plea. It was desired in the behalfe of
the Common-wealth, that he might make it good if he could. The Lord President
told him that hee had put in a Plea, concerning Articles. For proofe
whereof the Lord Generall was then present, And that if he had any thing to
aske him, he had liberty, if not the councell for the Common-wealth were to
offer what they could in proofe of it, Then the Atturney went on, and produced
first the Lord Generalls Letter that hee sent to the Parliament upon
the rendition of Colchester. And the Articles, and the explanation of the Articles,
whereby, and upon the testimony of the Lord Generall, Commissary Gen. Iretor,
Col. Whaly, Col. Barkestead, it appeared that he was to have faire Quarter for
his life, which was explained to be a freedom from any execution of the sword,
but not any protection form the Judicial proceedings of a civil Court and mercy
was explained to be only from the promiscuous execution of the Sword, but
that he might be tryed by a Councell of War.
'And it was clearly prooved, that the Articles were onely to free him from
the present power of the Sword, to take away his life. And Col. Barkestead declared
upon Oath, that the night after, he being with the Lord Capell, his Lordship
said that they were dealt hardly with, and asked him what he thought the
Parliament would doe with them, and that he then told him, that the Parliament
had declared some of them Traytors and that he did not know what they
would doe, but did beleeve, seeing that they had declared them to be Traytors,
that they would proceed against them upon that account.
The Councell moved for Judgement against him to be hanged, drawn, and