Annotations and comments

San Diego Sarah has posted 9,748 annotations/comments since 6 August 2015.

Comments

Third Reading

About Scilly, Isles of

San Diego Sarah  •  Link

The Three Hundred and Thirty-Five Years' War

In 1651, the Netherlands decided to get involved in the English Civil Wars between the Royalists and Parliamentarians. During the whole messy affair, the Dutch sent a fleet of 12 warships to the Isles of Scilly, an archipelago off the southwestern tip of Cornwall, to demand reparations from the Royalists, who had been raiding Dutch shipping lanes.

Their demands were ignored, at which point the Dutch declared war on the Isles of Scilly.
The Dutch hung around for three months and then abandoned the fruitless conflict and sailed home.

But they forgot one thing: to declare peace with the Isles of Scilly. The bloodless war technically lasted for 335 years until anyone saw fit to formally sign a peace treaty, which finally happened in 1986. It remains, arguably at least, one of the longest wars in history.

https://historyfacts.com/world-hi…

[I'm guessing when they say "the Netherlands" they mean the United Providences/Dutch Republic and not the Spanish Netherlands.]

About Sunday 16 December 1660

San Diego Sarah  •  Link

"... but a dukedom would be a bit much."

I believe it was Sir Edward who thought being a Duke would be a bit much -- he couldn't afford to live like a Duke, he thought. He also was worried that people would think he had set up Anne to do this.
He was right to worry.

Clarendon did as much as Monck to bring about the Restoration, Clarendon shared Charles II's exile and its attendant dangers, and coached him on how to be a king for more than a decade, If Monck deserved a dukedom for being obscure for a year and slow marching for three months, IMHO Clarendon did more.

About Monday 29 May 1665

San Diego Sarah  •  Link

SPARTICUS EDUCATIONAL has this to say about the Interregnum/Restoration:

'The restoration of Charles II to the throne in 1660 was the decision of all the property-owning classes -- the old nobility, the new nobility, the commercial interests and the manufacturers. For these classes, the land question had been solved. Land could now be bought and sold without restriction as any other commodity. The barriers to trade and commerce had been destroyed. The English Revolution had achieved its objective of sweeping away the barriers which were preventing the rise of the new system.

'The English Revolution, during its first phase, shattered the bonds of feudalism, and laid the foundation for the new system of capitalism. The restoration was not a defeat of the English Revolution; it consolidated the power of the commercial classes. Only the aims of the Levellers and Diggers had not been achieved.
'Although the king was restored to the throne, the powers of Charles II were entirely different from those of Charles I. He ruled with limited powers, controlled by the commercial class. The Restoration showed the strength the new middle class, not its weakness, and was a sequel to the revolution. Indeed, as one writer puts it, although Charles II was called king by the Grace of God, in reality he was king by the merchants and squires.

'The newly restored ruling class took revenge on the most active men of the English Revolution, as ruling classes have done throughout history. They took a gruesome revenge on Cromwell. They dug up his corpse in Westminster Abbey, dragged it through the streets, and hung it in chains on Tyburn gibbet.
'The condemned rebels went undaunted, to their death. On the way to the scaffold, Major-Gen. Harrison of the New Model Army said: "I go to suffer upon the account of the most glorious cause that ever was in the world."'

Highlight from
https://spartacus-educational.com…

I have to agree, it was a glorious cause: Sadly it took another 350 years for many of their ideas to be implemented. The time wasn't right yet, even if the inspiration was there. And as we'll see, Charles II never accepted that he wasn't as powerful as his father.

About Maj.-Gen. Robert Overton

San Diego Sarah  •  Link

CONCLUSION

After the fall of the Protectorate and the reinstatement of the Rump Parliament in May 1659, Major-Gen. Overton was restored to his regiment and the governorship of Hull.
Major-Gen. Robert Overton attempted to mediate between the contending factions in the Army high command, issuing a pamphlet called the Humble and Healing Advice in November 1659 which called for unity and a peaceful settlement.
As the Restoration became increasingly likely, Overton strengthened the fortifications of Hull and called upon the troops in Yorkshire to stand firm in defense of the "Good Old Cause".
However, he was unable to gain enough support to present a serious challenge to Gen. Monck, who named a new governor of Hull and ordered Overton to London, where he obediently arrived on 18 March, 1660.

As a notorious republican and religious radical, Major-Gen. Robert Overton was viewed with extreme suspicion after the Restoration.
Overton was arrested in December 1660 at the first hint of a conspiracy against the new government.
He was imprisoned at Chepstow Castle until January 1664 when he was once again sent to Jersey, where he remained until December 1671.
Robert Overton spent his last years (1671-1679) with his daughter Anne Broughton and her husband at Seaton in Rutland.
Sources:
Maurice Ashley, Cromwell's Generals (London 1954)
Barbara Taft, Robert Overton, Oxford DNB, 2004

About Maj.-Gen. Robert Overton

San Diego Sarah  •  Link

PART 2

After the death of his father in 1653, Major-Gen. Overton succeeded to his family estate at Easington and returned to Yorkshire.
He resumed his duties as governor of Hull, which had again assumed strategic importance because of the First Anglo-Dutch war. In recognition of his services, Parliament granted him estates in Scotland. He also purchased confiscated Crown lands.

Major-Gen. Overton supported Cromwell's forcible dissolution of the Rump Parliament in April 1653, was apprehensive over the establishment of the Protectorate in December 1653.
Overton openly stated his misgivings at an interview with Cromwell during the spring of 1654, declaring that he would support the Protectorate providing that Cromwell's personal interest did not conflict with the good of the nation.
Persuaded of Overton's integrity, Cromwell approved his return to Scotland to resume his duties under Gen. Monck.
However, Major-Gen. Robert Overton also visited the conspirator Major John Wildman in London and kept up a correspondence with him from Scotland. Wildman and other radicals regarded Overton as a potential military leader for an uprising to restore the Commonwealth.
Overton appears to have given tacit approval to a group of discontented officers in Aberdeen who prepared a circular convening a meeting to set out Army grievances against the Protectorate.
When Gen. Monck heard of the conspiracy, he sent for Major-Gen. Overton to explain himself; when Overton did not come as ordered, Monck had him arrested.

In 1654, the timely discovery of a plot fomented by Maj. Gen. Overton, his second-in-command, gave Gen. Monck an excuse for purging his army of all dissident religious elements, then called "enthusiasts", deemed "dangerous" to the Cromwell regime.

In January 1655, Major-Gen. Overton was sent to London and committed to the Tower. No firm evidence of Overton's involvement in any conspiracy was brought forward, but he had lost the confidence of Cromwell and Gen. Monck and was held without trial for more than 4 years.

In March 1658, Overton was moved from the Tower of London to Elizabeth Castle on Jersey.
In February 1659, Major-Gen. Overton's wife and sister petitioned the Third Protectorate Parliament to hear his case. The petition was supported by many republicans and accompanied by letters from Overton's old friend John Milton.

On 16 March, 1659 Overton appeared before Parliament to protest his innocence. His imprisonment was declared illegal and he was released the same day.

About Maj.-Gen. Robert Overton

San Diego Sarah  •  Link

Happily I had saved the BCW record elsewhere. This isn't an exact copy, but close enough:

OVERTON Maj Gen Robert, Republican 1609 – 1679

Republican army officer imprisoned without trial for 4 years during Cromwell's Protectorate, and for 11 years after the Restoration.

The son and heir of John Overton of Easington, southeast Yorkshire, Robert Overton was educated at St. John's College, Cambridge, and Gray's Inn.

In 1632, he married Ann Gardiner (d. 1665), with whom he had 10 children.

During the First Civil War, Robert Overton served in Yorkshire under the Fairfaxes, distinguishing himself at the defense of Hull in 1643 and
he fought at the battle of Marston Moor in 1644.
Sir Thomas, Lord Fairfax appointed Robert Overton deputy-governor of Pontefract in August 1645;
A few weeks later, Dep. Gov. Robert Overton succeeded in capturing Sandal Castle, Yorkshire.
During the summer of 1647, Sir Thomas, Lord Fairfax secured a commission for Overton as colonel of an infantry regiment in the New Model Army.

Col. Robert Overton became involved in the political unrest that swept through the army during 1647 and gained a reputation as a radical.
When Sir Thomas, Lord Fairfax appointed Col. Robert Overton governor of Hull early in 1648, the mayor and corporation petitioned for his removal because of his political and religious radicalism, although Fairfax continued to support him.

During the Second Civil War, Col. Robert Overton's regiment fought under Cromwell in Wales and the north, while Overton remained at Hull to secure the vital port and the surrounding region against the possibility of a sea-borne invasion by the Royalists.

Overton apparently approved of King Charles' trial and execution, although he did not serve as a commissioner at the trial.
Overton and the officers of Hull issued a Declaration in January 1649 urging Sir Thomas, Lord Fairfax to remain true to the principles agreed upon after the Putney Debates of November 1647.
However, Overton was careful to disassociate himself from the Leveller mutinies that broke out in April and May 1649.

In 1650, Col. Robert Overton went with Cromwell's army of invasion to Scotland and commanded an infantry brigade at the battle of Dunbar.

In July 1651, Col. Overton spearheaded Cromwell's advance into Fife by establishing a bridgehead on the north bank of the Firth of Forth. Major-Gen. Lambert consolidated the position and defeated the Scots at the battle of Inverkeithing, allowing Cromwell's main force to advance on Perth.

When Cromwell pursued the Scottish army into England, Col. Overton stayed in Scotland with Lt-Gen. Monck, fulfilling various military and administrative roles.

In December 1652, Col. Robert Overton was promoted to the rank of major-general and appointed commander of Commonwealth forces in western Scotland.

About Friday 14 December 1660

San Diego Sarah  •  Link

Sir Robert Slingsby seems to be having a good influence on Pepys; coffee, suggesting a knighthood was a possibility after years of hard work, and he appears to be competent at what his job. Maybe Pepys will follow his example.

A quorum for the Navy Board to do business when sitting was 2, so the office is functioning without the hard-drinking Sir Wills who are still away supervising the lifting of the wreck at Deptford.

Considering how lost Pepys appeared to be when Elizabeth was also away, he seems to be making no great effort to be with her now she's home. Funny fellow.

About Selden's 'Mare Clausum'

San Diego Sarah  •  Link

CONCLUSION

Selden then turned to communal and private dominion. The parceling of lands and goods derived not from the laws of God or nature, which were neutral on the subject, but from a covenant involving the 'consent of the whole bodie or universalitie of mankinde (by the mediation of something like a compact, which might binde their posteritie)'.
Even before they formed societies, occupiers could establish a preponderant use over a particular piece of uninhabited land. As abundant theory and practice demonstrated, explicit or implicit contracts turned the lands they occupied into dominion, made it capable of allocation or inheritance, and established distinct local property laws.
Dominion over the sea had not remained uncontested. Through careful examination of the practice of 'the more civilized and more eminent Nations of the past and present Age', whose laws and treaties showed that claims over adjoining seas 'hath been received into Custom, as a thing very usual, and agreeable to Law', Selden provided evidence to support the exercise of maritime dominion in general and of ancient and modern British dominion over the surrounding seas.

These discussions of ancient and medieval military and diplomatic affairs paid equal attention to the royal appointment of admirals and to parliamentary statutes and, while revealing fissures beneath the surface of the text, sugared the pill of mixed monarchy for King Charles with the sweetness of royal maritime sovereignty.

Written in Latin for an international audience, "Mare clausum" constituted a classic defense for the extreme position that states could legitimately claim and exercise extensive sovereignty over the high seas.

About Selden's 'Mare Clausum'

San Diego Sarah  •  Link

The Oxford Dictionary of National Biography today updated its lengthy entry for John Selden MP.
You can read it, free, for 7 days before it disappears behind their paywall.
https://www.oxforddnb.com/display…

This is their review of Mare Clausum:

The second edition of "The Titles of Honor" provided sophisticated historical support for John Selden's interpretation of the mixed monarchy of England, not least by placing it in a plausible, equally well-supported context of European ancient constitutions. It portrayed the continual calling of parliaments as a necessary part of English governance.

In the 1630s King Charles was looking for more acceptable advice, so John Selden MP, encouraged by courtiers, presented a peace offering, "Mare clausum" (1635), which defended British sovereignty over a wide expanse of sea.
First written about 1619 and revised to take account of the minimalist theory of natural law contained in Hugo Grotius' "De jure belli ac pacis" (1625), "Mare clausum" combined a sophisticated theoretical discussion of law with a partisan, well-documented history of the exercise of maritime dominion.
Book 1 argued: 'That the Sea, by the Law of Nature or Nations, is … capable of private Dominion or proprietie as well as Land'.
Book 2 argued: 'That the King of Great Britain is Lord of the Sea flowing about, as an inseparable and perpetual Appendant of the British Empire'.

The structure reflected Selden's view of the link between theory and history, law and fact: the capability of dominion arose to a significant extent from the evidence of dominion exercised over the sea in the past.

To challenge the assumptions of those who supported free trade on open waters, "Mare clausum" started with definitions of 'sea' (which included the oceans and seas nearly surrounded by land) and 'dominion', and discussion of the nature of 'law'.
The binding law of nations and the law of God as revealed in scripture, although 'reputed by men to be unchangable', became enforceable only through 'Additions or Inlargements', which included the interpretations of judges and commentators.
Positive laws (customs, statutes, contracts, or treaties) transformed the universal laws of God and nature into enforceable laws with concrete penalties.
Most existing legal systems fit into the categories of 'Civil' law (the laws of particular societies) or the 'Common Law of divers Nations' (laws jointly accepted by more than one state), but some occupied a third category, the 'Law of som or divers Nations, Civil or Domestick' (international law accepted as binding by one or more states).
The last of these opened a place for the exercise of dominion over the sea.

About Wednesday 12 December 1660

San Diego Sarah  •  Link

CONCLUSION:

XLIV. Persons intrusted by Ordinance 1649 concerning Tithes accountable.
Proviso for Ministers and others for whose Benefit the said Ordinance was made.
... [no names mentioned]

XLV. Exception of Bonds in His Majesty's Name before May 1642 for Securities of Receivers.
... [no names mentioned]

XLVI. Exception of Arrears of Excise upon Beer and Ale since 24 June 1659
... [no names mentioned]

XLVII. Exception of Monies due for Quarter since 2d July 1659.
... [no names mentioned]

XLVIII. Proviso for Purchasers bonâfide of Lands, other than of the King or Church, to enjoy their Purchases;
... [no names mentioned[

XLIX. Exception of Sacrilege, &c.
... [no names mentioned]

We also know John Milton was inexplicably dropped from the execution list. Maybe there were more like him? Did he get official pardon? I don't know.

Maybe these are the pardons Pepys is processing now? Maybe not.
How much money did he make? He says not much, but I recall someone found a citation about this about a week ago.
How do they work? Perhaps we will find out in the next year or 2 of entries.

We've all got the Venetian Ambassador's link -- maybe he says something about the pardon recipients? Look it up and please share if he does -- that's still free and out of copyright.

About Wednesday 12 December 1660

San Diego Sarah  •  Link

PART 3

XL. Certain Persons made incapable of any Offices. Penalty on Francis Lassels of one Year's Rent.
Provided alwayes that John Hutchinson Esquire and Francis Lassels shall be and are hereby made for ever incapable to execute any Place or Office of Trust Civill or Military within this Kingdome, And that the said Francis Lassels shall pay unto our Soveraigne Lord the King one full yeares value of his Estate, Any thing herein before contained to the contrary notwithstanding;

XLI. Exception of Sir Henry Vane and John Lambert.
[Provided alwayes that this Act or any thing therin contained shall not extend to the pardoning or to give any other benefit whatsoever unto Sir Henry Vane John Lambert or either of them, but that they and either of them are and shalbe out of this present Act wholly excepted and foreprized.

XLII. Certain Persons accepting any Office.; Penalty.
Provided that if William Lenthall William Burton Oliver St John, John Ireton Alderman Collonell William Sidenham Collonell John Desbrow John Blackwel of Moreclak Christopher Packe Alderman Richard Keeble Charles Fleetwood John Pyne Richard Deane Major Richard Creed Philip Nye Clerke John Goodwin Clerke, Sir Gilbert Pickering [Colloner (fn. 35) ] Thomas Lister and Collonel Ralph Cobbet shall after the first day of September One thousand six hundred and sixty accept or exercise any Office Ecclesiastical Civil or Military or any other publique imployment within this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede that then such person or persons as doe soe accept or execute as aforesaid shall to all intents and purposes in Law stand as if he or they had beene totally excepted by name in this Act. (fn. 29) ]

XLIII. Exception of Persons that gave Sentence upon any in the illegal High Courts of Justice Exception.
[Provided likewise That all those who since the fifth of December one thousand six hundred forty eight did give sentence of death upon any person or persons in any of the late Illegall and Tyrannicall High Courts of Justice in England or Wales, or signed the Warrant for Execution of any person there condemned (except Collonel [Richard (fn. 36) ] Ingolsby and Collonel Mathew Thomlinson) shal be and are hereby made incapable of bearing any Office Ecclesiasticall Civill or Military within the Kingdome of England or Dominion of Wales, or [as (fn. 37) ] serving as a Member in any Parliament after the first day of September one thousand six hundred and sixty, (fn. 38) ]

About Wednesday 12 December 1660

San Diego Sarah  •  Link

PART 2

Authority of the same (upon the humble desires of the Lords and Commons in Parliament assembled) That if the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Tichborn George Fleetwood James Temple Thomas Wait Simon Main William Heveningham Isaac Penington Peter Temple Robert Lilburn, Gilbert Millington Vincent Potter Thomas Wogan and John Downes or any of them shall be legally attainted for the horrid Treason and Murther aforesaid, that then neverthelesse the Execution of the said person and persons soe attainted shall be suspended untill his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the Execution by Act of Parliament to be passed for that purpose, (fn. 29) ]

XXXVII. Exception of the Lands and Goods of certain deceased Persons.
Provided That noe thing in this Act contained shall extend to discharge the Lands Tenements Goods Chattels Rights Trusts and other the Hereditaments late of the said Oliver Cromwell Henry Ireton John Bradshaw and Thomas Pride, or of Isaac Ewer deceased Sir John Danvers deceased Sir Thomas Maleverer Baronet deceased, William Purefoy deceased John Blakiston deceased, Sir William Constable Baronet deceased Richard Dean deceased Francis Alleyn deceased Peregrine Pelham deceased John Moore deceased John Aldred al[ia]s Alured deceased Humphrey Edwards deceased Sir Gregory Norton Baronet deceased John Venn deceased Thomas Andrewes Alderman deceased Anthony Staply deceased Thomas Horton deceased John Fry deceased Thomas Hamond deceased Sir John Bourchier deceased of and from such paines penaltyes and forfeitures as by one other Act of Parliament intended to be hereafter passed for that purpose shall be expressed and declared,

XXXVIII. Exception of certain Persons as to Penalties not extending to Life.
And alsoe except out of this present Act William Lord Mounson James Challoner Sir Henry Mildmay Sir James Harrington John Phelps and Robert Wallop All which persons did act and sitt in that traiterous Assembly which in the moneth of January one thousand six hundred forty ( (fn. 34) ) eight acted and proceeded against the life of our late Soveraigne King Charles the first of blessed Memory and are therefore reserved to such paines penalties and forfeitures not extending to Life as by another Act intended to be passed for that purpose shall be imposed on them.

XXXIX. The like Exception as to Sir Arthur Hasilrig.
And alsoe except Sir Arthur Hasilrig for and in respect onely of such paines penaltyes and forfeitures not extending to Life as [by (fn. 33) ] one Act intended to be hereafter passed for that purpose shall be inflicted and imposed.

About Wednesday 12 December 1660

San Diego Sarah  •  Link

Scube, it's so easy to post a flurry of questions like that, and so hard to answer since Pepys hasn't told us much.

During COVID The National Archives opened their records, and we had free access to Charles II's correspondence. Now they are tucked again behind a paywall. No doubt your answer lies there:

Long-term gold subscription to BHO -- Become a long-term member of British History Online. Not only are you saving yourself time and money, you are also helping ensure that British History Online remains a self-sustaining project in the long term.
[And won't disappear like the British Civil War Project, which still has me steamed.]

Premium subscription -- 1-year access to 184 volumes of transcribed premium content. -- £35.00

Gold subscription -- 1-year access to BHO's premium content and our gold page scans. -- £55.00

5-year gold subscription -- 5-year access to BHO's premium content and our gold page scans. -- £235.00

10-year gold subscription -- 10-year access to BHO's premium content and our gold page scans. -- £455.00
https://www.british-history.ac.uk…

Google wasn't any help.
The Act of Oblivion Wiki website talks about the condemned, not the forgiven.
https://en.wikipedia.org/wiki/Ind…

This is the undated Act of Parliament named 'Charles II, 1660: An Act of Free and Generall Pardon Indempnity and Oblivion.', in Statutes of the Realm: Volume 5, 1628-80, ed. John Raithby (s.l, 1819), pp. 226-234. British History Online http://www.british-history.ac.uk/…
It is long, and near the end it lists:

"XXXV. The Execution of certain Persons that appeared and rendered themselves suspended.
[But in regard the said Owen Row Augustine Garland Edmond Harvey Henry Smith Henry Martin Sir Hardresse Waller Robert Tichborne George Fleetwood James Temple Thomas Wait Simon Meyne William Heveningham Isaac Penington Peter Temple Robert Lilburne Gilbert Millington Vincent Potter Thomas Wogan and John Downes have personally appeared and rendered themselves (according to the Proclamation bearing Date the sixth day of June one thousand six hundred and sixty to Summon the persons therin named who gave Judgement and assisted in the said horrid and detestable murther of our said late Soveraigne to appeare and render themselves) and doe pretend thereby to some favour upon some conceived doubtfull words in the said Proclamation; Be it Enacted by this present Parliament and [the (fn. 33) ]

About Sabbatai Zevi

San Diego Sarah  •  Link

CONCLUSION:

The movement that developed around Tzevi became known as Shabbetaianism. It attempted to reconcile his claims of spiritual authority with his subsequent betrayal of the Jewish faith.
Faithful Shabbetaians interpreted Tzevi’s apostasy as a step toward ultimate fulfillment of his messiahship and attempted to follow their leader’s example. They argued such outward acts were irrelevant as long as one remains inwardly a Jew.
Those who embraced the theory of “sacred sin” believed the Torah could be fulfilled only by amoral acts representing its seeming annulment. Others felt they could remain faithful Shabbetaians without having to apostatize.

After Tzevi’s death in 1676, the sect continued. The nihilistic tendencies of Shabbetaianism reached a peak in the 18th century with Jacob Frank, whose followers sought redemption through orgies at mystical festivals.

Excerpted from
https://www.britannica.com/biogra…

Our Wiki article gives more detail.