Lands to maintaine supernumerary Itinerant Ministers who should be Authorized to go up and downe compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the raskall multitude and schismaticall rabble against all men of best quality in the Kingdome to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Lawes and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdome of the Saints upon the ruines of our antient Monarchy These men like Balaam shall blesse and curse for hire and vent State-news State-doctrine and poyson the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helme they shall cousen the people with pretended illuminations Revelations and Inspirations and powre out all the Vials of Gods wrath amongst them Cromwell and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a Mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdome were arrived to that highth of impudence as to endeavour to cheat them all over againe they had by murdering the King abolishing the House of Lords putting an execrable force upon the farre major part of the House of Commons making themselves and their Party a tyrannicall Councell of State to usurp the Supreme power and Government See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl and Army And A seasonable Caution to the City of London printed at the latter end of Relation Observations Hist Pol. c. endeavouring a toleration of all Religions attempting to take away Tythes mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendome to defend the common interest of Kings now controverted in England This cloud threatned to poure downe a new Warre upon them to provide a remedy therefore for this soare Cromwell moved in the House of Commons That the Presbyterian Government might be setled promising his endeuours thereto but whether he meant a Classicall or Congregationall Presbytery which differs little or nothing from Independency he did not declare and here lyeth the fallacy he likewise moved that the secured and secluded Members might againe be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshall Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civill Interest which was more irreconcilable than that interest of Church-Government whatsoever shew was made to the contrary They will not endure to heare of the KING 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Sonne of clemency and abstinency from revenge contained in His last Booke The Pourtraicture of His Majesty These things will both apologize for our young King and condemne our bloudy vindicative Saints That the Presbyterians as well as the Independents made Warre against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would looke upon both Parties as equally guilty and was deeply engaged in point of interest to cut off both Parties Endevouring by these discourses to put the Presbyterians into despaire their own and Iudas's sinne and then to work upon that base and cowardly principle of self-preservation and invite them to joyne with them in point of civill Interest and common Defence But their kindness was but like that of a malitious Man who having plague-soars upon him embraceth his Friend rather to infect than cherish him they know that by sitting voting acting and complying with them whose actions the Laws of God and the Land have damned and anathematized with the highest condemnation they should contract the guilt of all their forepassed crimes and treasons in the meane time the Presbyterians should sit and act but as a suspected Party and should be baffled and turned out again when the danger is past the Independents keeping in their owne hands all the power profits and preferments of the Land and using the Presbyterian party but as Gibeonites Hewers of wood and Drawers of water under them they invited them therefore to share with them in their sinnes shames and punishments but would keep Achans Wedge and the Babylonish Carment the profit of their crimes to themselves And as if it were not sufficient to cousen Man without mocking God the House of Commons Ordered a strict Fast to be kept upon Thursday 19 April 1649. as a day of Humiliation to implore Gods forgivenesse for the ingratitude of the people who did not sufficiently acknowledge with thankefulnesse Gods great mercies upon this Land in freeing them from Monarchy and bestowing liberty upon them by changing Kingly Government into a Free-State or Republique The Faction knew that to partake with them in these prayers was to partake of their sinnes God deliver us from those deceitfull lips whose prayers are snares whose kisses prove curses and whose devotion leads to damnation Neuer was Fast injoyned with more severity nor neglected with more contempt and horror men shunning it like the sinnes of Rebellion and Witchcraft Besides their consciences told them that they never suffered the thousandth part of the oppressions they now groane under About this time it was debated to send Supplies for Ireland 150. The jugling designe of sending part of the Army for Ireland the predominant Grandees were desirous to purge the Army as they had done the House and send the Levellers Assertors of Liberty thether the Levellers were desirous to keep their ground here and send the more mercinary enslaving and enslaved part of the Army the better to colour the designe Cromwell undertooke to be Conductor of this expedition and light them the way into Ireland with his illuminated Nose having taken order before hand that his precious selfe should be recalled time enough to keep up his party in England from sinking by his longer absence and the better to accommodate the businesse Lots were severall times cast what Regiments should goe but the Lots not falling out to the minds of the Generall Councell of
Goldsmiths Brewers Weavers Clothyers Brewers-Clerks c. whom scornfull Fortune in a spitefull merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turne them into the Tyring Roome out of their borrowed cases and shew us that our Lyons are but her Asses The Kings poore Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the King 's Goods to pay their Debts they poore Soules are left to starve while these Saints Trimphant revell in their Masters Goods and Houses 173. A generall survey to be taken of the whole Kingdome that every mans Estate reall personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certaine Committees to enquire upon Oath and certifie the improved value and revenue of every mans Estate reall and personall wherein good progresse hath been made already the like is to go forth throughout the Kingdome That our 40 mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Natlon may take an exact survey in imitation of William the Conquerours Booke of Survey called Doomes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of Iune 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to enable Committees to give Oathes in some cases and yet the House of Commons never had nor pretended to have power to give Oaths themselves though every Court of Pypowders hath because the House of Commons is no Court of Iudicature but onely the Grand Inquest of the Kingdome to present to the King the grievances the necessities of the People by way of humble Petition as appears by our Law-Books and Statutes and therefore the Commons can grant no more then they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintaine it they and we must be what they please yet I must affirme that to take illegall Oathes is neither justifiable before God nor Man and no lesse than damnable But it may be that by accustoming the People to take these new-imposed illegall Oathes they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their owne Damnation together hereafter All the Scrivenors about the Towne are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew Shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saints-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would find money enough The like attempt onely in the Kings time was cried out upon as a high peece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glasse of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and downe like our owne Ghosts who having lived under the Monarchy of Good KING CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. Iune 1649. the thanks-giving spoken of § 172. was solemnized in the City the Lord Mayor meeting the Speaker 176. The aforesaid Tanksgiving solemnized resigned to him as formerly was used to thc King the Sword of State as had been ordered by the House the day before and received it againe from him and then the Mayor conducted them all to Christ-Church where the Commons Councell of State Generall and his Officers together with the Mayor Aldermen and Common Councell c. mocked God with their Devotions where Master Tho Goodwin and M. Owen preached out of the Politicks to them from thence they were conducted to a great Dinner at Grocers hall and entertained in the quality of a Free-State no man being admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cooke had an Oath given to be true to them which shewed they had more of fear and guilt than confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromwell and to others fit to be chronicled in Stowes and Hollingsheads Volumes amongst other solemn Fooleries let it not be omitted that Hugh Peters many other Saints were too full of the Creature anglice Drunk 177. A necessary advertisement to all honest Presbyterians See K. Charles the First his Book The portraicture of His Majesty in His solitudes and sufferings Some over-hastily expect the King should satisfie the Presbyterians by His Declaration but the heigth of the Independents malice their guilty fears are such as may endanger the drawing on a Massacre upon them by such a course I am to give a necessary advertisement to all men that though the young KING shewes much respect and a desire of reconcilement according to his dead Fathers never dying preceps to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the underminning practises of our new Statists that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians as against the Independents who murdered His Father but these zealous Royalists are either some passionate light-brain'd men of little discretion and lesse power with Him or else some false-hearted Pensioners to our new State and such as have under-hand an Indemnity for their owne Estates in England who stand like Scar-crowes about His Majesty to fright away such as returne to their Loyalty and tender their due Allegiance to Him thereby to weaken the hands of His Majesty and cut off the hopes of this Nation from depending upon Him who as our undoubted Soveraigne both by the Lawes of God and the Land and Gods Vice-gerent in His three Kingdomes onely can and will if we forsake not him and our selves free and protect us from the many headed miserable arbitrary tyranny we now starve and bleed under and restore unto us againe our Religion Lawes and Liberties our Wives Children and Estates Trading Husbandry peace and plenty now held in more than Aegyptian bondage under our cruell See a Booke entituled His Majestices Gracious Messages for Peace and Master Pryn's Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councell of
to his Officers to know what they had against him Who it seemes act all things without his privity and steere all the Armies present counsels and designes according to their absolute wills The publique Declaration and Protestation of William Pryn of Lincolnes Iune Esquire Against his present Restraint and the present destructive Councels and Iesuiticall proceedings of the Generall Officers and Army I William Pryn a Member of the House of Commons and Free-man of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Eares Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedome and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publick services Doe here solemely declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon reall grounds of Religion Conscience Iustice Law prudence and right reason for the speedy and effectuall setlement of the peace and safety of our three distracted bleeding dying Kingdomes on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharge my duty on the Parliament staires next the Commons dore forcibly seized upon by Col. Pride Sir Hardresse Waller and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foot haled violently thence into the Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forcibly detained Prisoner with other Members there restained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or other accommodations contrary to the known Priviledges of Parl. the fundamentall Laws of the Realm and liberty of the Subject which both Houses the 3. Kingdoms the Generall with all Officers and Soldiers of the Army are by soleme Covenant and duty obliged inviolably to maintaine Since which I have without any lawfull power or authority been removed and kept Prisoner in severall places put to great expences debarred the liberty of my Person calling and denied that hereditary freedome which belongs to me of right both as a Free-man a Member an eminent sufferer for the publike a Christian by these who have not the least shadow of authority or justice to restraine me and never yet objected the least cause for this my unjust restraint I do therefore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannicall power the greatest breach of faith trust Covenant priviledges of Parliam and most dangerous encroachment on the Subjects liberties and Law of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedome in all their Remonstrances whiles they are triumphantly trampling them all under their armed iron feet And doe further hereby appeal to and summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others lesse tyrannicall oppressive unjust and fedifragus to God and men than themselves And doe moreover remonstrate that all their present exorbitant actings against the King Parl. present Government their new modled Representative are nothing else but the designs projects of Iesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Lawes Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdomes yea the Generall Officers and Army themselves and that with speedy and inevitable certainty to betray them all to our forraigne Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forraigne Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Iesuiticall disloyall bloudy present Counsels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdomes in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. Ianuary Num. 283. 27. Decemb. The Councell of Warre who manage the businesse in relation to the King saith the Diurnall ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and worke Him to their desires 52. Cromwels Sp. in the Ho when it was first propounded to trie the King When it was first moved in the House of Commons to proceed capitally against the King Cromwell stood up and told them That if any man moved this upon designe he should thinke him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the sudaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confirmed 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegall as they please to miscall them Oathes of Allegiance Supremacy and other Oathes usually administred to Officers Free-men c. of the City The 28. Decemb. Tho Scot brought in the Ordinance for Triall of the King it was read and recommitted three severall times 54. The Ordinance for Triall of His Majesty passed
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of Descent and proclaimed it Treason for any Person to Proclaime Him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes unto them contrary to Law though they have no Authority by any Law Statute or Custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and beeing of Parliaments for which Treasons Strafford and Canterbury though leste criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burroughs for which we serve doe by this present Writing in our own Names and in the Names of all the Counties Cities and Burroughs which We represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We doe from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our Consents as treasonable wicked illegall unparliamentary tyrannicall and pernitious both to the King Parliamt Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said Confederates shall not speedily retract and desist
most infamous perfid ous and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the Contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanors by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion 110. Six propositions of undoubted verity Another Paper not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of ⧠Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians Every act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to Confer with Him as His Parliament and Councell about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4 C. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the Great Seale of England Iudges of the Kings Courts Iustices of Peace Sheriffs Excise-men Customers and the like with all Committees and Ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be Continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdoms Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Jllustrious Charles Prince of VVales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any Ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Iacobi ch 1. and by all the Iudges of England since Coke 7. Report f. 10 11. in Calvins Case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their bloods to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through faire terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested onely in the Lords and Peers of the Realme being by Inheritance Custome and Law in such case the Kings and Kingdoms great Councell to whose lawfull Commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realm and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse than High Treason and so declared resolved by the last Parliamt in the Cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or Peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge than the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the worke of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Iudges Iuries and Officers 113. Powers given to the Councel of State 14. Febr. The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shal think fit 4. Power to sit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their Command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oathes for both were reformed according to the Godly cut VVhen the Committee of State vvas nominated in the House 114. An expurgatory Oath put upon the Councell of State scrupled by some of the Members and moderated by Cromvvell in opposition of the Levellers divers
Warre against our lawfull Soveraigne under pretence of defending our Lawes and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sunne pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegall and bloudy Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King breake the Parliament by hostile force put downe the House of Lords erect extrajudiciall High Courts of Iustice to murder Men without Triall by Peers or Iury or any legall proceeding to subvert the fundamentall Government by Monarchy and dispossesse the right Heyre of the Crowne and to usurp His supreme Authority in a factious fagge end of the House of Commons to put the Kingly Government into a packed Iunto of forty Tyrants called A Councell of State to exercise Martiall Law in times of peace and upon Persons no Members of the Army to raise what unnecessary illegall Taxes they please and share them and the Crowne Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free quarter to alter the Styles of Commissions Patents Processe and all Legall proceedings and introduce a foraigne Iurisdiction to Counterfeit the Great Seale and Coyne of the Kingdome and to keep up Armies of Rebels to make good these and other tyrannies and Treasons is High Treason by the knowne Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speake against these Crimes Good God! how long will thy patience suffer these Fooles to say in their hearts there is no God and yet professe thee with their mouthes to breake all Oathes Covenants and Protestations made in thy name to cloake and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived senslesse Trees and torne brute Beasts that serve thee according to their creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in warre Turne the Councells of the wise into folly let the crafty be taken in their owne net and now at last let the Oppressed tast of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeale to thee as Author of their prosperous sinnes become Lord Author of their just punishments bestow upon them the reward of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my selfe stand in need and seek to ripen thy vengeance before thy time shall the Pot aske the Potter what he doth I beheld the prosperity of the wicked and my feet had almost slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May. 30. 1649. The aforesaid trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of Slaves was proclaimed in London by the newly intruded illegall Lord Major Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them untill some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Tryall of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of England although I dare say at least five hundred to one if they were free from the terror of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Authority of the Nation under them This was purposely so contrived to engage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publique disclaimour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegall Common Councell newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designes and entangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrewes Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharasiticall House of Commons voted an Act 171. A Thanks-giving Dinner in the City for the Generall c. 1. Iune for a day of Thanks-giuing to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councell of State the Generall and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for Relief of Ireland to engage the City farther to them Cromwell had the Chaire in that Committee the device was that the Common Councell should invite the Parliament Councell of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the thanks-giving whit-broth and custard had beene bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast downe with another for the glory of his owne Name and that he might have an occasion to purge the Army as he had done the Parliament of all free-borne humours 172. The Councell of State sit in pomp at Wihte hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councell of State sit in as much state and splendour with their Roomes as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majesty were but Mechanicks
after his Royall assent might have made themselves Masters of all the other Propositions vvithout his Consent so that this Treaty vvas but a flourish to dazle the eyes of the vvorld His Majesty therefore denied the 4. said Bills and thereby preserved the legall Interests of King Parliament People yet the Faction presently tooke a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 68 69 70 71 72 74 75. And my said Animadvers p. 10. And the 2 part of Englands new Ch by passing 4. Votes for no more Addresses to him and a Declaration against him vvhich vvere not passed vvithout many threats and more shevv of force then stood vvith the nature of a free Parliament the Army lying neere the Tovvne to back their Party the designe having been layd before hand betvveen Sir Henry Vane Iunior Sir Iohn â—velyn of VVilts Nath â—â—â—nnes Solicitor Saint Iohns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators 2. part of England's new Ch discovered p. 4 5. That there could be no peace nor happinesse in England vvithout restoring the King to his just Rights and Prerogatives c. notvvithstanding vvhich the People novv found their hopes that vvay deluded by the Army and their Party vvho had cast off the King upon private discontents the true grounds vvhereof did not appeare and had obstructed all vvayes to Peace and Accommodation and made them dangerous and destructive to such as travailed peaceably in them vvitnesse the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of povver and profit The minds of the People therefore troubled vvith apprehension that our old Lavves and laudable forme of Government should be subverted and nevv obtruded by the povver of the Svvord sutable to the lusts and Intrests of these ambitious covetous Men and finding besides evident symptomes of a nevv VVarre approaching to consume that small Remainder vvhich the last VVarres had left grevv so impatient of vvhat they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martiall Lavv Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the vvill and pleasure of the Grandees in stead of our setled and vvell approved Lavves that despaire thrust them head long into Armes in VVales Kent Essex Pontefract c and at the same time a cloud arising in Ireland a storme povvred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave vvay to a second mock-Treaty in the Isle of VVight 2 Treaty in the Isle of VVight vvhich vvas the fruit of their covvardise and subtilty as appeares by Sergeant Nickolas a Creature of theirs vvho upon Saturday Octob. 28. 1648. moved in the House That the Lord Goring might be proceeded against as a new Delinquent out of mercy because he had Cudgelled them into a Treaty though novv they attribute all to the Kings corrupt Party in the tvvo Houses the Army likevvise kept a mock-fast or day of Humiliatîon at VVindsor to acknovvledge their sinnes and implore Gods mercy for their former disobedience to the Parliament in not Disbanding and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City August 6. 1647. promising more obedience hereafter and to acquiesce in the judgement of the Parliament and Declared Decl. Iune 14. 1647. That it was proper for them to act in their owne sphere as Souldiers and leave State affairs to the Parliament but this vvas done but to recover the good opinion of the people and City and to keep them from stirring and to stay the moderate Party of the tvvo Houses from Declaring the Army Enemies recalling and Voting their Commissions and established Pay voyde vvhich they might have done vvith ruine to the Army and their Party in that Conjuncture of Affaires and vvith safety to themselves and applause of all honest men of England that had taken part vvith the Parliament from the beginning had not some Grandees of the rigid Presbyterian party both vvithin and vvithout the Houses some cursed thing some Achans vvedge in their bosomes vvhich suggested Their sinnes vvere greater than could be forgiven and therefore they durst not cast dovvne the partition vvall betvveen them and the King this Army though it leane so hard upon them it is ready to overvvhelme them VVarre is necessary for some men of every Faction vvhose crying sinnes peace vvill lay open and naked to the scorne derision and detestation of the vvorld Hovv vvel these sanctimonious Svvord-players of the Army have observed the Duties Undertakings of their said Humiliation let the vvorld judge Have they not returned againe vvith the Dogge to the Vomit have they not cousened God and their ovvne Soules Sure they fasted from sinne then that they might sinne vvith the more greedy appetite novv and asked God forgivenesse of the old score that they might sinne againe upon a nevv score Thus you see the 2. Treaties in the Isle of VVight vvere begotten by feare and that Idol of the Independents to vvhich they offer up all their knaveries necessity They vvere Cocatrice Eggs layd by their Grandees vvhen they had been Crovv-trodden by Armies from abroad Tumults at home See my 1. part sect 65 66 105 106 107. and the Conclusions there Sect. 16 17 18 upon vvhich they sate abrood onely to hatch Scandals and nevv quarrels against the King Anarchy and confusion to the State and Tyranny and oppression of the People to set up the Olygarchy of the Saints or Councel of State the Kingdome of the Brambles vvhich since doth scratch the vvool from off the skin the skin from off the flesh the flesh from off the bones I. have been compelled to use some introductory Repetitions in this part of my discourse that I may give you the vvhole mystery of the 2. Treaties vvith the King in the Isle of VVight vvith the causes efficient and finall of them under one vievv lest some one link of the chaine escaping your observation it become a Chaine of errors to you My first part of the History of Independency ends vvith that vvhich vvas but an unlucky preface to a Treaty vvith the King 3. Hamilton overthrovvne See my 1. part sect 136. namely Cromwel's menacing Letters to the Speaker of the House of Commons dated August 20. 1648. Relating his easie purchase of a great Victory over Duke Hamilton and Lieut. Gen. Bayly vvherein he relates the number of the Scotish Forces farre differing from the former Report of Lieut. Col. Osborne a Scotish Gentleman made in the House of Commons Iuly 20. Sect. 110 111. vvhere of I have spocten in my first part vvho to take avvay the terror of them estimated Hamiltons and Langdales conjoyned Forces to be but 10000.
it is eleven or tvvelve of the clock before they can get forty Members together to make a House of vvhich number they sometimes faile one time the Members vvould have had the Speaker go on upon businesses vvith a lesse number than forty but he knovving all so done to be illegall and void refused and yet to piece up the House they permit Mr. Blagrave Mr. Frye and Humphry Edwards to sit as Members notvvithstanding their Elections are Voted void by the Committee of Elections and one day an Officer of the Army having taken some Members going to the House and secured them in the Tobacco Roome under Guard The Speaker not being able to muster enough to make a House vvas faine to send to the said Officer to lend him his said Prisoners to make up a Free Parliament This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them nay it can be proved that meanes hath been used to suborne VVitnesses against them besides vvhich the faction have made a strict inquisition into their lives and conversations and have hitherto met vvith nothing 25. The day after the House purged in comes Dr. Cromvvell Hen Martyn his Apothecary Thus the House being throughly purged the next day in comes the Doctor Oliver Cromwell out of the Country bringing in under his protection that sanctified Member Henry Martyn vvho had spent much time in plundering the Country had often baffled the House and disobeyed many of their Orders sufficient to have made an honest man a Malignant liable to Sequestration But great is the priviledge of the Saints It fortuned that day the case of the secured Members vvas reported to the House vvhich Harry interrupting desired them to take into consideration the deserts of the Lieutenant Generall vvhich vvith all slavish diligence vvas presently done And the Speaker moved that to morrow might be a day of Humaliation to be kept in the House to humble the Spirits of the Godly much overleavened vvith the Scotish Victory That you may the better understand hovv farre they meane to be humbled Hugh Peters the Pulpit-Buffon vvas one of their Chaplaines vvho in stead of delivering the Oracles of God delivered the Oracles of the Councell of VVarre to them talking obscurely of Accommodation and Moderation and advising them to adjourne till Monday or Tuesday I think that the Army might cut out vvork for these Iourney-men of theirs and might vvorke their vvills upon the City in the meane time vvhen no House should be sitting for the Citizens to addresse their Complaints to for in the interim they Garrisoned Black Fryars and S. Pauls reforming it from the Church of God to a Den of Thieves Stable of Horses and Brothell of VVhores and Robbed diverse Halls in London of vast summes of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26. A Declaration of the seâ—ured and secluded Members against the violence of the Army the said secured Members published a printed Paper as follovveth A solemne Protestation of the imprisoned and secluded Members of the Commons House Against the horrid force and violence of the Officers and Souldiers of the Army on VVednesday and Thursday last the 6. 7. of Decemb. 1648. WE the Knights Citizens and Burgesses of the Commons House of Parliament above one hundred in number forcibly seized upon violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax comming thither to discharge our duties on VVednesday and Thursday last being the 6. and 7. of this instant December doe hereby in our Names and in the Names of the respective Counties Cities and Burroughs for vvhich we serve and of all the Commons of England solemnly protest and declare to the whole Kingdome That this execrable force and open violence upon our Persons and the whole House of Commons by the Officers and Army under their command in marching up against their command and placing strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedome ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcible seclusion from the House and the continuance of the Armies force upon it are no way obligatori but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparalell'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedome of Parliament and Disturbers of the peace and setlement of the Kingdome and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemne Covenant and duty under paine of deepest perjury and eternall infamy are obliged unanimously to oppose and endevour to their utmost power to bring them to exemplary and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Governement and Lawes of this Realme All which we held it our duties to declare and publish to the world for feare our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guilty of betraying the Priviledges Freedome and Honour of this Parliament to our perpetuall reproach and the prejudice off all succeeding Parliaments Dated at VVestminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons passe and print a Declaration against the said Declaration The said solemne Protestation of the secured Members being complained of vvas sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it vvith Authority instead of Reason both Houses passed this follovving Declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament talking into their consideration a printed Paper entituled A solemne Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and procedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House and the continuance of the Armies force upon it are no vvay obligatory but void and null to all intents and purposes The present visible Government is the Power of the Sword in the hands of Rebels The fundamentall Government of this Kingdome is destroyed by the remaining faction in the Ho. of Commons by their Acts For abolishing Kingly-Government The House of Peers their putâ—ing dovvne Trials by Iury of 12 mâ—n and setting
Representative have so unstable an authority vvhat shall the subordinate Magistrate acting under them have 7. It smels so much of the Iesuite that it tolerateth Popery in private Houses contrary to the knovvne Lavves of the Land Popery like the old Serpent if it once get in the head vvill soon insinuate the vvhole body being so vvell backed by potent Princes and Councels from beyond Sea And truly I knovv not vvhat to say against Popery vvhere Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the povver of the civill Magistrate as in this Agreement 8. It vvill lose Ireland the managing of the VVarre there being legally in this Parliament by Act passed not in this nevvfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for vvhich the Parliament so often Declared Voted Protested and Convenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestovves the Cause upon the King as if He onely from the beginning had fought for them vvhich all men have reason to believe vvhen they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament Armies vvere Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity vvithout vvhich they are Thieves Rebels and Murderers 11. It demands that there be no Lavvyers nor Lavves but nevv Rules in English to be made from time to time by the nevv Representative vvho are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to vvhich justice shall be administred not by Mayors Sheriffs Iustices of the peace Officers alvvaies ready but by Hundred Courts vvho are to supply the roome off all the Iudges and Lavvyers of the Kingdome and all this to lie in the brests of 12 Men in every Hundred of the Tribe of the Godly be sure vvho peradventure can neither vvritte nor read nor have responsible Estates to satisfie vvrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lavvyers Ministers vvho vvill oppose it becaâ—se it confounds and destroies Religion and depriveth the Ministery of its lot Tythes stopping their mouthes vvith famine purposely to cast them off and generally all men of quality and discretion vvill vvithstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety vvho then are left to ovvne and subscribe it but desperate forlorne Persons vvho because they cannot bring their actions under the protection of our present Lavvs and Government vvill bring the Lavvs and Government to their ovvn corrupt vvills and interests and therefore vvill signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and there being no other Iudges of their keeping it but the Subscribers vvho in the result of all have the Lavv in their ovvne VVills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same vvhich vvas subscribed by 9. Regiments of Horse and 7 of Foot and presented vvith a Petition to the House of Commons Novemb. 5. 1647. by the Agitators Gifforde the Iesuite being then in the Lobby vvith them and very active therein Vpon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together vvith a Paper annexed intituled An Agreement of the People for present and future peace upon grounds of Common Right avowed Hovv these Papers come novv to be ovvned those that opposed them violently secured by the Army by the connivence at least of the dregs of the House novv sitting let the Saints novv voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamentall Government of the Kingdome Resolved c. That a Letter should be sent to the Generall and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The Generall and Councell of VVarre in pursuance of this Vote condemned one of the Agitators vvho promoted it 37. The said Agreement damned by the General Councell of VVarre and a Souldier shot by sentence for promoting it and shot him to death at VVare you see vvhat it is to doe a thing unseasonably this Designe of the Army and their Party vvas not yet ripe vvherevvith they acquainted the House yet they kept in the same fire in the City still vvhere some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter vvith a Petition into the House of Commons vvhere-upon the House giving thanks to the Generall for the execution done at VVare and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Novemb 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed vvas read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho Prince Cheese monger and Sam Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Ieremy Ives Tho Taylor and VVill Larner be forthvvith committed Prisoners to the Prison at Nevv-gate c. as last aforesaid in Terminis Aftervvards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person vvho hath contrived abetted persvvaded or entred into that Engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments
and fundamentall Government of the Kingdome be elected chosen or put into the Office of the Lord Major of the City of London Sheriffe Alderman Deputy of a VVard or Common-Councel-man of the said City or shall have any voice in the election of any such Officers for the space of one vvhole yeare and be uncapable of any of the said Places yet novv these petty Fellovves keepe the vvhole City in avve 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of VVarre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep untill the beginning of November 1648. vvhen to hinder the peace of this Kingdome and reliefe of Ireland the Iesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to breake off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the Generall and his Councell of Officers though they had formerly shot a Souldier to death for prosecuting it unanimously approved it at Saint Albons November 16. 1648. and obtruded it upon the House the 20. Novemb. and vvhen they found the House so resolute in the Treaty as to proceed they first seized the Person of the King and carried Him to Hurst-Castle as aforesaid and vvhen the House at last closed up the Treaty vvith this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a setlement 40. VVhy they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted avvay at least 40. or 50. more leaving onely their ovvne Somerset-house Iunto of 40. or 50. thriving Members sitting to Vnvote in a thin House under a force vvhat had been voted in a full and free House To vote dovvne the Kingly Office and House of Peers to vote the Supreme Authority to be in the People and in the House of Commons as their Representative clean contrary to their three last recited Votes To bring the King to capitall punishment before a nevv invented illegall mixed Court consisting of engaged Persons erected for that purpose that hath neither foundation by prescription nor Lavv and to erect a Councell or Committee of States out of their number in the nature of Lords States Generall or Hogen Mogens vvith an unknovvn and therefore unlimited Authority to continue in being after the dissolution of this Parliament So farevvel Kings Lords and Commons Religion Lavves and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore only to gull the People and carry on their designe About 19. 41. Diverse Lords doe homage to the Generall and wave their honours Decemb. divers Lords vvent to doe homage to the Generall to expresse their good affections to him and their concurrence vvith him for the common good and their readinesse to vvave their priviledges and Titles if they shall be found burdensome to the liberty of the People and had a gracious nod for their paines About this time the Lords Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following to this effect 42. An Ordinance to curb the City in electing Officers That no Person that hath been imprisoned or sequestred rightfully or vvrongfully or hath assisted the King against the Parliament in the first or second VVarre or hath been aiding or assisting in bringing the Scots Army to invade this Kingdome or did subscribe or abett the treasonable Engagement 1647. or that did ayde assist or abett the late Tumult vvithin the Cities of London and VVestminster or the Counties of Kent Essex Middlesex or Surrey shall he elected chosen or put into the Office or Place of Lord Mayor of London Alderman Aldermans Deputy Common Councel-man or into any office or place of trust vvithin the City for the yeare ensuing or be capable to give his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehended under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councell or execute any of the aforesaid Offices he shall forfeit 200. And all such Elections to be null and void the Lord Mayor to take order that this Ordinance be read at all Elections and punctually observed and also to afford the liberty of the Pole it being required by any of the Electors present But this Ordinance not giving full satisfaction to the Zealots Skippon stood up Skippon moveth for an Addition to the said Ordinance and looking as demurely as if he meant to say Grace he told the House That the late Ordinance was not sufficient to keep Malignants out of Office in London for Mr. Speaker said he It is not enough to exclude Delinquents or the Abettors of the late Insurrections c. for there are a more dangerous sort of men amongst them They which promoted the Treaty and endeavoured to have the King brought to London except these be made incapable of Authority it will be a great discouragement to the Godly party of the City So an additionall Ordinance to this end vvas ordered to be brougth in you see to endeavour peace and setlement is accounted by these Saints militant a sufficient crime to forfeit a mans Brith-right 43. The Members subscribe Iohn Gourdons Protestation sect 29. I formerly told you of Iohn Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of VVight and especially against the Vote 5. Decemb. 1648. vvhich declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to proceed to a setlement and untill such dissent or disapprovall to forbeare the House This vvas done in obedience to the demands of the Army in their Remonstrance presented 20. Sect. 23. Novemb. 1648. And although it be so clearly against the Orders and Priviledges of Parliament that divers Members formerly and some this Parliament have been suspended the House and committed to the Tovver for offering it because it tends to breed factions and divisions in the House and Tumults vvithout dores yet every request from an Armed man is a Command and must be obeyed The List of the Names of these nevv Protestants follovveth and it is hoped they vvill in time give better Reasons then the power of the Swoâ—d for it 20. December 1648. subscribed The Lord Lâ—ste Col. Boswell Io Gourdon Lord Gray Peregrine Pelham Col. Iones Col. Temple Col. Ven Sir Tho Malevourer Sir Thomas VVrotâ—e Sir Io Bourcher Col. Peter Temple Humphry E wards vvho vvaited on the King to the House vvhen he demanded the 5 Members and his Election is adjudged void by a Committee Mr Tho Challoner Sir Gregory Norton
the Iewes Petition The last damnable Designe of Cromwel and Ireton and their junto or Caball intended to be carried on in their Generall Councell of the Army and by journey-men in the House of Commons vvhen they have engaged them desperately in sinne past all hope of retreat by murdering the King MAjor VVhite a Member of the Army long since at Putney fortetold That shortly there vvould be no other povver in England but the povver of tee Svvord and VVil Sedgvvick in his Booke called justice upon the Armies Remonstrance saith The Principle of this Army is To breake the Powers of the Earth to pieces and Iohn Lilburne in his Plea for Common Right pag. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and vvill by seizing upon the Members of Par dissolving it and setting up a nevv invented Representative and bring the King to capitall punishment and dis-inheriting His Posterity subvert the Monachicall Government and Parliaments of this Kingdome the Lavves and Liberties of the People and so by bringing all to Anarchy and confusion put the vvhole Government of the Land under the Arbitrary povver of the Svvord In order to vvhich they have and vvill overturne the Government of the City of London by a Lord Mayor and Aldermen and Governerne it by Commissioners and a schismaticall Common Councell of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next designe is to Plunder and Dis-arme the City of London and all the Country round about thereby to disable them to rise vvhen the Army removes but not to the use of the Souldiers although they greediâ—y expect the first VVeek in February the time appointed from vvhom they vvill reedeeme the Plunder at an easie rate and so sell it in bulk to the Ievves vvhom they have lately admitted to set up their banks and magazins of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintaine such VVarres as their violent proceedings will inevitably bring upon them not onely all Sequestred and Plundred goods but also the very Bodies of Men VVomen and Children whole Families taken Prisoners for sale of whom these Iewish Merchants shall keep a constant traffique with the Turks Moores and other Mahometans the Barbadus and other English Plantations being already cloyed with VVelch Scottish Colchester and other Prisoners imposed by way of sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another VVarre followed they will spare neither Man VVoman nor Child For the better carrying on of which Designe the said Caball or Iunto keep a strict correspondency with Ovven Roe Oneale the bloudy Popish Antimonarchicall Rebell in Ireland and the Popes Nuntio there The Antimonarchicall Marquesse of Argyle in Scotland the Parisian Norman and Picarde Rebels in France and the Rebel King of Portugall If danger be not held so close to your eyes that you cannot discerne it looke about you English But this Kingdome is not to be saved by Men that will saue themselves Nothing but a Private hand and a Publique spirit can redeeme it 63. Master Pryns second Letter to the Generall The 3. Ian. 1648. Master Pryn sent a Letter to the Generall demanding vvhat kind of Prisoner and vvhose he vvas as follovveth * To the Honourable Thomas Lord Fairfax Generall of the present Army these present My Lord IT is novv a full Months space since I vvith other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshall against the Priviledges of Parliament the Liberty of the Subject the Lavves and Statutes of the Realme and all rules of justice conscience and right reason vvithout the least shadovv of Authority or any cause at all yet made knovvne to me of vvhich vvere there any neither God nor man ever yet made your Lordship or your Officers Iudges I therefore desire to knovv from your Lordship vvhat kind of Prisoner I am and vvhose If a Prisoner of peace neither your Lordship nor your Officers are any Iustices of peace or Civill Magistrates in this place to restraine me for any civil crime vvere I guilty of it much lesse vvithout proof or hearing in case I vvere no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least vvithout the Houses licence first obtained If a Prisonner of VVarre vvhich I cannot probably be being never in Arms and apprehended neer the Commons House dore going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknovvledge That you have levied VVarre against the Parliament and its Members and vvhat capitall offence this is and vvhat a punishment it deserves I need not informe your Lordship or your Councell vvho have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himselfe I have but one thing more to trouble your Lordship vvith and that is to demand vvhose Prisoner I am having yet seen no VVarrant nor Order from your selfe or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or VVarrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Lavves to order your Attourney to give an Appearance for you in the Kings bench the first returne of the next Tearme to an action of false Imprisonment for this my unjust restraint vvhich I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours vvhich I conceive vvho yet abuse your name and authority herein though it be a rule in Lavv Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers vvho have been most active in my Imprisonment for damage and reparations vvhich if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publique cause vvhich so highly concernes the honour fredome and Priviledges of Parliament and Subjects Liberties for defence and maintenance vvhereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I novv againe engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as vvillingly forgive and put up private injuries
Generall and Generall Councell of the Army and their Faction now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pitying the bleeding condition and teares of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Lawes Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by cōcluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized Imprisoned 41 of the Members going to the House of Commons to doe their Duty secluded above 160. other Members besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their owne engaged party of 40. or 50. Members sitting who now passe Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their owne Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style af a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons doe declare protest That the said Generall Commissioned Officers Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged Warre and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament the Kings Person Authority in defence of Religion Lawes Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders Actings Passed and to be Passed by this nominall House of Commons are and will be void ab initio and all such as doe or shall obey them are and will be punishable both by the Armies owne judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We doe farther declare protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations the Protestant Profession Traytors against the Stat. of Treasons 25. Edw. 3. and against all Lawes and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation all the Parliaments Declarations Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposalls made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places Ianuary 19. 1648. William Pryn. Clem Walker About this time the Generall Councell of Officers at White-Hall ordered 75. The Coun of Officers order 2. Petit for the Com House 1. against Tyths 2. against the Stat. for Banishing the Ievvs 76. Col. Tichburnes Pet and Complaint against the Ld. Mayor their Orders thereupon The like Petitiōs vvere invited from most Counties vvhere a dozen Schismaticks and two or three Cloaks represēted a vvhole County That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Iewes Here you see they shake hands with the Jewes and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburne some schismaticall Common-Councell-men presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their owne Faction all others being displaced under the generall notion of Disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about foure or five daies after the Commons Ordered * See a just solemne Protest of the free Citizens of London against the Ordinance 17. Decemb 1647. disabling such as had any hand in the City Engagement to beare Offices That any six of the Common Councell upon emergent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Lawes and Reason of all our actions 77. An Act passed for adjournment of part of Hillary Terme
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to returne the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome being far the major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent Trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other Faction whatsoever which may arise should at any time hereafter get the upper-hand by the Peoples general adhering to them or any divisions of the Army or by any meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present Generall Councell of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnaturall tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
and whether every Free-borne English-man especially of Noblest birth amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant illegall Authority in the very rise and foundation ere it be over-late not patiently suffer a rash inconsiderate number of Hotspurs of meane condition and broken desperate fortunes for the most part out of private malice feare or designes to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suite with our English soile already overmuch watred with English bloud and so deeply ingaged against all arbitrary and tyrannnicall usurpations proceedings especially capitall in any hands whatsoever which have cost us so much bloud and treasure to oppose and fight against for seven yeares last past Saturday Ian. 20. 1648. The new thing called The High Court of Iustice sate Bradshaw being President 80. The first dayes Trial of his Majesty who had the Mace Sword carried before him 20. Gentlemen forsooth with Partisans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70. of the Commissioners present Then the King was brought to the Bar by Col Hacker with Halberdeers the Mace of the Court conducting Him to his Chaire within the Barre where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation and of the innocent bloud shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves Prove this povver trust The vvhole Kingdome in effect deny it So doe all our Lavv-Books the practice of all Ages and according to that power and fundamentall trust reposed in them by the People have constituded this High Court of Iustice before which you are now brought and you are to heare your Charge upon which the Court will proceed Solicitor Cooke My Lord in behalfe of the Commons of England and of all the People-thereof I doe accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First Ianuary 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to Govern by according to the Lawes of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the people and for the preservation of their Rights and Liberties yet neverthelesse out of a wicked Design to erect and uphold in himself an unlimited and tyrannicall power to rule according to his will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redresse remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right power of frequent and successive Parliaments or Nationall meetings in Councell He the said Charles Stuart for accomplishment of such his Designes for the protecting of himselfe and his Adherents in his and their wicked Practises to the same Ends hath trayterously and malitiously levied Warre against the present Parliament the People therein Represented Particularly upon or about the thirtieth day of Iune in the yeare of our Lord one thousand six hundred forty and two at Beverly in the County of Yorke upon or about the thirtieth day of Iuly in the yeare aforesaid in the County of the City of Yorke upon or about the twenty fourth day of August in the same yeare at the County of the Towne of Nottingham when where he set up his Standard of Warre also on or about the twenty third day of October in the same yeare at Edgehill and Keinton-field in the County of Warwicke and upon or about the thirtieth day of November in the same yeare at Brainceâ—ord in the County of Middlesex upon or about the thirtieth day of August in the yeare of our Lord one thousand six hundred fourty three at Cavesham-bridge nâ—er Reading in the County of Berks upon or about the thirtieth day of October in the yeare last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of Iuly in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eight day of Iune in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which severall times and places or most of them and at many other places in this Land at severall other times within the years aforementioned And in the yeare of our Lord one thousand six hundred forty and six He the said Gharles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were
from Neighbour Princes to vvhom they let their Bloud to Hire and become Mercinaries many times to the extreame dammage and if their Country vvere vvorth subduing danger of the State For Venice it is an Aristocracy if not Olygarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them vvithout Citadals to keep them under they never conside in any of their number or Natives to be Comander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitans of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low Countries their neerest example peruse Bernavelt's Apology and many good Histories For Rome from their Regifugium they vvere never free from Civill VVarres cecessious Tumults and changes of Government first to Patritian Consvlls Regia pote state then to promiscuous Consuls Plebeyans as vvell as Patritians vvith popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocrary sometimes a Democracy betvveen tvvo Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Liberty find any time of setled rest and Government untill their giddy Republique vvas overthrovvne by Iulius Caesar and turned into a Monarchy by Augustus vvhich approved Cratippus saying See some Authorities cited verbatim in the first Page Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repaired by the virtues of others he that reads Liry and Tully's Orations vvith many other Authors shall find hovv infinite corrupt the People vvere both in making and executing Lavves in dispensing Iustice both Distributive and Commutative vvhat Complaints that their comitia vvere venalia vvhat Bulvvorks they vvere faine to erect against the ambition and covetousnesse of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Vndertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Clientships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shevves and spectacles to vvoe the Rabble he that reads observingly shall find that ambition and covetousnesse nurses of all corruption vvere the best part of the vvisdome and industry of that Republique untill it came to be a Monarchy and shall farther find that those corrupt manners and customes vvhich the People from the highest to the lovvest had contracted during the severall licentious Alterations of their Common-vvealth from one forme of Republique to another vvere like a second nature not to be corrected by the better discipline of a Monarchy and at last occasioned the ruine of that Monarchy together vvith the desolation of that Nation vvhich shevves that Monarchy vvith vvhich their Nation began was their naturall and genuine Government vvhen it could not be taken avvay sine interitu subjecti vvithout the ruine of the vvhole subject matter p. 11. It is said The Kings Revenue by a mediâ—m of 7 years was yearly 700000 l. It hath been lately computed that the Court purveyances notvvithstanding many good Lavves to the contrary cost the Country more in one yeare than their Assesments to the Army vvhat above 100000 l. a month vvhen the charge of the KING 's House-keeping came but to 500000 l. a yeare I speake not of VVages and Pensions I knovv not vvho should make this computation unlesse old Sr Henry Vane and his Man Cornelius Holland the latter of vvhich vvas turned out of his Office in the Green-cloth for abusing his Place not in vvhose time of employment unlesse their ovvne such prodigious abuses should happen p. 19. It is said The legall and justifiable Revenue of the Crowne fell short of 100000 l. per annum I perceive this is all the Account the Common-vvealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor doe I knovv vvhat a pruning hooke that phrase legall Revenue may prove But I conceived all that Q. Elazabeth the Kings Father and Himself received had been His Revenue de jure I am sure it vvas de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complaine that His Purse was growne too full or His Revenue too fulsome and if the Committee of the Revenues had enjoyed no more but their ovvn legall and justifiable Revenue so many of the KING's Servants and Creditors had not starved forvvant of their ovvne p. 19. They very much aggravate Monopolies Patente and Projects I vvonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir Iohn Hypsley Cornelius Holland Laurence VVhytakers c. 2 Part of Englands New Chaines discovered c. and the Hunting the Foxes return to s 12â— p. 20. They speake against the Lords Negative Voice but not a vvord against the Councell of VVarres Negative Voice vvho march up in hostile manner against Parliament and City and secure seclude and drive avvay 250 Members at one time if they vote any thing contrary to their Interest They speak likevvise against the Lords Iuditiall power over Commoners but have forgot vvhat unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens 1 Part. sect 45 46 47 48 49 50 51 52 53 54. p. 21. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turne for Governing the Kingdome by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it vvas never presented to them but I shall aske vvhether the people may not take advantage thereof for vvhose satisfaction this vvas Declared a generall grudge being then amongst them that the Parliament and Army would subvert the antient Fundamentall Government p. 22 23. They ansvver an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broken and those who are permitted to sit doe act under a force To this is ansvvered hovv truly let any man that hath read our Histories tell That fevv Parliaments have Acted but some force or other hath been upon them I vvonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledge of Parliament They Ansvver
but without that of the Person dis-inherited after the Fine paid in three yeares to pay the costs of building of it in six yeares or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earle of Leicester to pay two yeares Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entered Northampton yet fought not but entered the Church 16. Such as held not of the Earle yet at his command entered to the action with him to pay half one years Revenue 17. Such as held of the Earle to be onely at the Kings mercy 18. Impotent Persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punisht by Law yet without losse of life or limb 19. Malitiously accused to have their Estates immediately restored 20. Women to have their owne Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been Pardoned to remaine so 23. Those that are fined to answer no Losse done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publique Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Trouble sby any to whom he ought to Succeed You see what great care was here taken to prevent spoyle and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to Keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. Iune 178. The losse of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admirall Col. Edw. Popham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismall Relation of his ill successe in tampering with the Governour of Kingsale in Ireland who proving honester than rhe Saints expected tooke a summe of money of him to betray the Towne Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livory and seasin and divers Ships he was commanded to conceale this Ill newes lest it discouraged the City to engage so farre with them as to entertaine them in the condition of a Free-State and surrender the Sword to them and so spoile the Designe of their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of Iune and lest it should dishearten more secluded Members from comming to sit in the House with them againe knowing tbat Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Iune Popham made another kind of Report to the Plebeians of the Commons House who must not be trusted with the truth of State-mysteries but like Wood-cocks must be led in a mist Thvt he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietnesse and the better to adorne the fable and suppresse the truth from approaching the ears of the people the House that day 5. Iune passed an Order That for this remarkable additionall mercy bestowed upon them in the prosperous successe given to their Fleet at Sea upon Thursday next 7. Iune the day set apart for publique Thanksgiving the Ministers should praise God Lord since these audacious Saints are so thankfull to thee for one beating bestow many more beatings upon them for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like successe since which time forty sayle of Ships are pressed in the Thames to recruit their shattered Navie Scout from Iune the 8. to 15. 1649. given forth to be a Winter Guard at Midsomer 179. Gifts given amongst the Faction Iohn Blackiston is packed away to the other world and the House upon 6. Iune voted to his Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the losse of his pedlery Ware in his Shop at Newcastle he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead 500 l. more was given to Iohns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 4000 l. per ann Lands are to besetled upon the Generall out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon-Parke upon the Earle of Pembroke 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services 4868 l. to the Lord Lisle out of the Monthly Assessment for Ireland for his penny-worth of good service done there you see to what purpose we pay Taxes 2000 l. Land per an and 1000 l. Money given to Bradshaw the price of Bloud And 400 l. more given to the Poor of the City to stop their mouths from cursing upon the Thanksgiving-day out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government this is according to the Spanish Proverb To steale a Sheep and give away the Trotters for Gods sake You
the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. and Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traytour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the People of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2 That they had rejected the Ordinance for Triall of the King 58. Votes passed by them thereupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded thereby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King That is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare that the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the Alterations concerning Kings and House of Lords already resolved in this present Parliament Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and