thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crowne and every thing that was personall to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegeance Contrary to the Whole Current of the Law which saith The King can doe no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Elizab. lay because the Crown wyped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad paenam quod Deum expectat ultorem If therefore by the Lawes of the Land all men must be Tryed by their Peeres and the King have no Peere what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Iudges and to Erect an unpresidented Tribunall without the least Foundation in Law with power and purpose to condemne all that came before it and that Sentence of Death should passe without conviction or Law against the Head and Protectour of all our Lawes and Fountaine of Iusticc and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. M. Pryns excellent Book entituled A legall Vindication of the Liberties of England Against illegal Taxes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegall Tax of 90000 l. a Moneth imposed upon the People by a pretended Act of the Commons bearing Date of 7 Aprill 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamentall Lawes and known Statutes of this Land No Tax c. ought to be Imposed or Leavyed but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realme in a free and full Parliament See Magna Charta 29. 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21. Edw 3 Rot. Parl. nu 16. 25 Edw 3. c. 8. 36 Edw. 3. Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loanes 3. Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwell in his Argument against Impositions Iudge Hutton and Crook in their Arguments Mr. Saint Iohn in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Edw. Cook in his 2 Instit pag. 59 60. 527 528 529. 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actuall dissolved above two monethes before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cookes 4. Institutes p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliament according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3 which are Summoned and Constituted onely by his Writ the Writ is actually abated by bis Death 1 Edw 6. c. 7. Cookes 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission 19. 21. It appeares by the writs of Summons to the Lords Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Common wealth formally it cannot be the same the King the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmaticall Taylors in the House who can make a garment fit for all states of the moon and a Parl. fit for all changes of the State Crompt Iurisdiction of Courts fol. 1. Cookes 4. Instit p. 9. 10. and of Elections and leavying their Wages That the Parliament was onely Parliamentum nostrum the Parliament of the Kings that 's Dead not of his Heires and Successours They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heires and Successors of great and weighty Affaires concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2 Dors Claus Regist fol. 192. 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revivall The Parliament is determined thereby especially as to those who have Dis-inherited his Heires and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Iudges Iustices of the Peace Sheriffs made only by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Iustitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7 Rep. 30 31. 1. Ed. 6. c. 7. Daltons Iustice of Pace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of this Parliament 17. Car. That this present Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4
attend his Majesâ—y in the Treaty The next thing debated vvas the List of such Gentlemen as vvere named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man vvith Cromvvell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they vvere unduly imprisond and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there vvas no farther proceedings therein Thus farre I have briefly set dovvne the Preparations tovvards a Treaty 13. Master Pryns Speech in the House proving the Kings concessions to be a groud for a setlement the Treaty it selfe betvveen the King in the Isle of VVight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them tooke up almost all the time untill the 6. December 1648. some fevv businesses of no great moment intervening many imperfect and partiall Relations of them have been printed cum Privilegio but Mr. VVill Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648 and since printed hath set dovvn all the most materiall Arguments on both sides vvith great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follovv onely thier ovvne Interests of povver and profit vvhose vvills and lusts have alvaies been their ovvne lavves and are novv become the onely Lavves of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and vvill only trouble him vvith some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106 and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I vvil onely say that vvithout them the King cannot be a Governing King but a bare Titular King a picture a shadovv because the protection of the People depens upon the povver of the Svvord He cannot protect them and their Lavves vvith the Scabbard The Authority of the Scepter follovves the povver of the Svvord vvherefore to give avvay one is to lose both nor can the Subjects be any longer His Majesties Subjects but Salves to their fellovv Subjects vvhen so many petty Kings not authorized by any lavv of God or Man to protect the People shall hold the Svvord over their Heads and distract them vvith different Opinions disagree in Commands according to the variety of their severall lusts factions and interests hovv can the King according to his Coronation Oath and duty to vvhich God hath called him Governe and protect his People 1. part sect 40 41 42. vvhen he hath given avvay his Svvord to a factious Parliament vvhere one Party tyrannizeth over the other and threatens the other vvith the longest Svvord hovv absurd and impossible it is for the Subject to expect protection from one hand and to svveare and pay Alleigannce to another hand that hath divested it self of all povver to protect them let our Lavves the practice of all Nations and times and the judgement of the learnedst Politicians tell you vvhose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova vectigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Gouvernment vvhere the King can doe most good and least evill 1. Let Him be disabled to raise nevv Taxes lay on nevv Tribute 2. Let Him not have the sole povver to make or repeale Lavves vvhich ought to belong to the Common-vvealth not any one Magistrate for no povver is more hurtfull to the People nor stirres more Commotions them these tvvo such is the Kingdome of England the King hath neither the povver of our purses nor the changing of our Lavves in His hands and if he give avvay his Svvord he vvill be such a King of clouts as can doe neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundam Leges non est major neque par such vvas the Dictattor at Rome he had no equall there Papyp cursor dictator ad judged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers vvith this saying Vicit tandem imperii majestas such is the King of England the Common-vvealth cannot compâ—ll him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreme Governour in all Causes over all Persons so doe all our Statutes to vvhom in Parliament vvhich is his highest sphere of majestie i the last appeale by VVrit of Error vvho is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise vvith him and dissolves it vvhen he is satisfied He makes VVarre Peace See the 1. part of this History Prolegomena 1. and is Protector of the Lavves and of all just Interests onely the policy of the Lavv disables him to make repeale or alter Lavves or raise Monies vvithout consent of both Houses by Bill passed vvhich is but an Embrio untill he quickens it by his Royall Assent because this vvay the King may doe most hurt and vvrong to his people as I have already said it being the vvisdome of our Lavves to keep the Svvord in one hand and the purse in another The 1. proemiall Proposition for justifying the Parliaments Cause and Quarrell and condemning His owne Cause and Party 15. The 1. Proposition for justifying the Parliaments and condemning His owne quarrell vvas a bitter pill but an earnest desire of peace svveetned it and guilded it over and invited him to svvallovv it vvithout chavving or ruminating upon it but hovv devilish unchristian and illegall a use the Faction have made of this extorted confession let God judge Their insisting upon it that the King should take the Convenant 16. The Covenant endevoured to be put upon the King vvas an errour in Policy vvhereof the rigid Presbyterians are guilty they supposing the King vvould take it at last stood upon it and intended thereby to joyne the King to their
1647. they say We clearly professe we doe not see how there can be any peace to this Kingdome firme and lasting without a due consideration of and provision for the Rights quiet and immunities of His Majesties Royall Family and His late Partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliam thought it not reasonaâ—le the King should be sole Iudge of publick necessity in case of Ship-mony Return to sect is where I set downe 6. of their Principles though He hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this generall plea of necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publique Necessity 2. This Principle Necessity is destructive to all Government for as the Generall Officer urgeth necessity for acting against the commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the commands of his Generall The Souldiers gainst their Officers any other 20000. men in this Kingdome against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons in Parliament are not accountable for the use of their trust to any but the House The Commons have their Authority from the VVrit of Election though their electioÌ„ from the people See the VVrit Crompton's Iurisdict of Courts Tit Parliament being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising votinq assenting according to their judgments not according to the judgments of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5. before we enter upon them the summe is That by the endevors of some old Malignant Members In all nevv Elections there were 2. IndepeÌ„dents chosen for one of any other principles IndepeÌ„dents vvere theÌ„ Commissioners for the Great Seale â—â—d livered VVrits to men of their ovvne Party vvho had the advâ—ntage to keep them and chuse their ovvne time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unlesse the major part of the House were alwaies such before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections where chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They vvould neither go for Ireland themselves nor suffer others to go 1. part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by recalling the Lord Lysle from his command there and putting the best part of the said Kingdome and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Natavi Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we say the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there This Lo vvent late carried over 160000 l. for vvhich he hath not yet accounted began a quarrell vvith In hiquine put him into discontent then returned See the Irish Letters Papers to the House in print and lesse meanes to relieve them the Lord Lysle was not recalled from his Command there but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles returne for England the Lord Inchiquine did gallant service against the Rebels tooke many strong Holds from them and won the Battle of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituded for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appeare 2. Their endeavours to bring in the King upon His owne Tearms without satisfaction and security to the Kingdome viz upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable by Ordinance 17. Decemb 1647. put an incapaciti upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honourable employment for the Forces of the Army to prevent such higst distempers as have since ensued 3. That they endeavoured to
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of commons in farther prosecution of their said Designe and to please their Masters of the Army passed printed and published in the forme style of a Statute this Paper following entituled An Act for the Abolishing the Kingly Office in England Ireland and the Dominions thereto belonging WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the lavv the Crovvne cures all defects hovv can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdome or Dominions or either or any if them Bee it therefore Enacted and Ordained and it is Enacted VVe have svvorn saith Allegiance to K Charls the First His lavvfull Heyres Succ ssors and our Vovv is recorded in Heaven from vvhich no povver on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are novv so Supreme as in imitation of the Pope to bring this Clause in practise Licet de jure non possumus tamen pro plenitudine potestatis nostrae volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him All our Lavves cut off by the non obstante of an eyght part of the House of Commons sitting under a force After almost 1000. years experience it novv found to be dangerous The English vvere never one half-quarter so much ens aved since VVilliam the Conquerour subdued them as they have been since Oliver the Brevver subjugated them are and be disabled to hold or enjoy the said Crown of England and Ireland and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honors Manors Lands Tenements Possessions and Hereditaments belonging or appertaining to the said Crowne of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwall or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publique interest of the people and that for the most part use hath been made of the Regall power and prerogative to oppresse impoverish and enslave the Subject and that usually and naturally any one person in such power makes it his interest to incroach upon the just freedome and liberty of the People and to promote the setting up of their owne Will and power above the Lawes that so they might enslave these Kingdoms to their owne Lust * * But in a Councell of State of forty Tyrants sitting under the protectioÌ„ and avve of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be ayding assisting comforting or abbetting unto any person or persons that shall by any waies or meanes whatsoever endeavour or attempt the reviving or setting up againe of any pretended Right of the said Charles eldest Sonne to the said late King James called Duke of Yorke or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regall Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland High Treason is what these Legislative Thieves list to make it an Arbitrary or me notvvithstanding the Stâ—t 25 Ed 3. for limiting ascertaining of Treasons for security of the People Tiberius and Neâ—o's daies are falleÌ„ upon us of vvhich Tacitus lugeni crimen debitiae c mplementum omnium accusationem lasa majestat and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High Treason the Offenders therein their Counsellors Procurers Ayders and Abettors being convicted of the said Offence or any of them shall be deemed adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like the same paines forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to returne to its just and antient right of being Governed by its owne Representatives or Nationall meetings in Councell * * VVhen vvas England governed by their ovvne Representative or had any other regliment then Kings But vvhat the Legislative Conventicle declares vve must believe though contrary to our knovvledge They vvill lead our faith and reason in a string or have our necks in a halter A period to this Parliament and leave the Supreme povver in the Councell of State a designe long since aâ—tempted See 1 and 2 part of
shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted 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 and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
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
from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to doe We doe hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Brethren of Scotland and Ireland who are united and conjoyned with us in Covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers Concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Iustice of it selfe and having no power to heare and determine any civill or criminall Causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void illegall Commissions 3. That the House of Commons and Members now sitting have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Iudges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Stature of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at a Conference of both Houses of Parl concerning Ship mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloody murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such Commissions and proceedings and by the power of an Army to enforce them and the Iudges Iustices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions or to act as Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their Oaths Covenant Callings and Places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
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
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Iudges of the force Treasonable they deny they sit novv under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His Person but in His Office 135. The Councell of Officers endeavour to joyn Interests with the Papists in England Ireland The KING had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt for the Army from Paris to an Independent Member of the House of Commons a Creature of the Army bearing Date 28. Nov. 1648. and printed at the latter end of The True and full Relation of the Officers Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to
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
Officers they cast Lots againe and againe untill fortune agreed with their desires This being discovered a printed Paper was scattered about the streets 26. April 1649. as followeth ALL worthy Officers and Souldiers who are yet mindfull that you engaged not as a meer mercinary Army hyred to serve the Arbitrary ends of a Councell of State but tooke up Armes in Iudgment and Conscience in behalf of your own and the peoples just Rights and Liberties you may see plainly by the proceedings of Col. Hewson with his Regiment that the designe of your grand Officers is to reduce the Army to a meer mercinary and servile temper that shall obey all their commands without so much as asking a question for Conscience sake Intending by this blind obedience in you to make you he whatsoever they shall find requisite to establish their owne absolute power over the Common-wealth yea though it be to cut off your best friends or perpetuate this their owne Parliament and Councell of State things so evidently destructive to your owne and the peoples just Rights and Liberties as nothing can be more And for compassing whereof you know they have long since dissolved the Agitators and erected a Councell amongst themselves by which they have moulded the Parliament and a Councell of State to their owne wills both which are to be as ascreen between the People and your Grandees to make the world believe they doe nothing but by order of Parliament and Councell of State when they order all things themselves and indeed are confederated together to defend and protect each others in their defrauding and enslaving the Common-wealth This they have long aymed at but cannot possibly effect it untill they reduce the Army to a servile and base temper which they have been laboring to bring to passe a long time as by picking quarrels with most Officers and Souldiers that have manifested any sence of Common Right and so vexing them and wearying them out of Troops and Companie And you know they have been more than once disbanding twenty of a Troup upon pretence of easing the publique charge all their mischief being ever done after either fasting and prayer or upon some very specious pretence but the care and resolution of the honest Officers and Souldiers ever preuented this But now the businesse for Ireland it seems must doe the deed that being a service that must be preferred before the setling of the Liberties and Freedomes of this Nation and all that are not for this service must be esteemed no better than Enemies and Traytors and therefore an Ahab-like Fast goeth before the Lots are cast and Col. Hewson falls to worke and disbands all those Souldiers and Officers that refused to engage for the service of Ireland before the Liberties of England which we never trod under foot be restored to the people The end of this being to be a leading case to all other Regiments both Horse and Foot not that they certainly intend for Ireland but by such meanes to be rid of all such as are apt to desire to be satisfied in their Consciences of the justice of the Cause before they engage in the killing and slaying of men any more or before they see some fruits answerable to the bloud that hath been spilt And being rid of this kind of Officers and Souldiers then to fill the Regiments as this Hewson doth with such ignorant needy or servile men as these miserable times through losse of Trade have begotten And this being done then to make more strict enquiry after this sort of people in the Army and all other places suppresse Meetings and if that will not doe then to disarme all from whom they suspect the least repining or opposition And therefore all those Officers and Souldiers and all people in all places are concerned in a very high nature even as much as the freedome of the Nation is worth yea as they tender the good of their VVives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischiefe that ever was attempted the greatest Treason that ever was committed against the liberties of the people and not to stand any longer in a miz-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councell of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stirre not but immediately chuse you a Councell of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the People are like to be beggered and destroyed About this time Master Robert Lockier and five or six other Troupers of Captaine Savages Troup vvere condemned for a supposed mutinys in behalf of vvhom Lieut. C. Iohn Lilburne vvrit this Letter follovving to the Generall dated 27. April 1649. 151. M. Lockier condemned by a Councell of VVarre with his honourable death and buriall and Lilburnes Letter to the Generall May it please your Excellency WE have not yet forgot your Solemne Engagement of Iune 5. 1647. vvhereby the Armies Continuance as an Army vvas in no vvise by the vvill of the State but by their ovvne mutuall Agreement And if their standing vvere removed from one Foundation to another as is undeniable then vvith the same they removed from one Authority to another and the Ligaments and Bonds of the First vvere all Dissolved and gave place to the Second and under and from the head of their first Station viz By the VVill of the State the Army derived their Government by Martiall Lavv vvhich in Iudgment and Reason could be no longer binding then the Authority vvhich gave being there to vvas binding to the Army For the deniall of the Authority is an Abrogation and Nulment of all Acts Orders or Ordinances by that Authority as to them And upon this account your Excellency vvith the Army long proceeded upon the Constitution of a nevv Councell and Government contrary to all Martiall Lavv and Discipline by vvhom onely the Army Engaged to be Ordered in their prosecution of the ends to vvit Their severall Rights both as Souldiers and Commoners for vvhich they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided vvithout satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-vvealth as should be agreed unto by their Councel of Agitators And by vertue and under Colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusall to Disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your First and Second March up to London your late violent Exclusion of the Major part of Members out of
come forth a Booke of Iohn Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Booke The tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied by no obligation to God or Man wherein he undertaketh to prove That it is lawfull for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due conviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwells Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my selfe to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turne all his Arguments into Syllogismes and then he will find them to be all Fallacies the froth of wit and fancy not the Dictates of true and solid Reason 2. That for the Historicall or narative part he would throughly examine them and he will find few of them consonant to the plumbline of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by that name yet the Persons confederated were then extant and active being a complication of all Antimonarchicall Anarchicall heresies and schismes Anabaptists Brownists Barrowists Adamites Familists Libertines of all sorts the true Heyres and Successors of Iohn of Leyden and Knipperdalling in all their principles and practises united under the generall Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the Warre against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy See the Mystery of the 2. Iunto's Presbyterian and Independent notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Wythes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there alwaies lay hid some evasion equivocation or mentall reservation which like a back-dore gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necéssitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first Generall the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Say and others of the like stamp and had a clause in his Commission to forbeare the KING'S Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especiall instance Monday 18. Iune 185. L. C. Lilburnes Booke The Legall fundamentall Liberties of the People c. 1649. came forth that most usefull Booke of Iohn Lilburnes called The Legall fundamentall Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Lawes Liberties and Property consuming us with illegall Taxes Excise Free quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamentall Government of this Nation in order to which they have complyed with and cheated all Interests broken all their Obligations to God and Man violated all the Lawes of this Land their owne Protestations Covenants the Oathes of Allegiance Supremacy which themselves caused the People to take and their owne Votes Declarations c. The illegality of their late erected High Court of Iustice and their unjust proceedings therein the tyranny and usurpation of the Councell of State and Officers of the Army And proveth that Col Prides new purged new packed House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parlioment is cleerly dissolved and ended which he proveth by the Death of the King and by many other solid Arguments and therefore all their Actings to be void and null with many other considerable passages where he ingeniously confesseth that being the Kings Prisoner at Oxford with many other of the Parliament Party the King did strictly observe the Lawes of the Land in His proceedings against them which this Parliament doth not doe in any their most legall proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintaine and defend the Lawes and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Lawes and Liberties The Faction are now contriving to seize all the Tythes of the Kingdome into their owne hands 186. Tythes to be Sequestred for the State yet they are the Ministers Free-hold and to make all the Ministers their stipendary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blind and slavish obedience to our forty Tyrants of the new Councell of State presuming that all our Ministers carry their Consciences in their purses because the Independents doe so Looke to your waies Christian Brethren you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God If the Ministers will not parret forth the new States Do trine to you they shall be starved out of their Pulpits 187. An Adjournment of this pretended Parliament considered of The thing called a Parliament is now likely to have so generall a purge as will leave neither life nor soule dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them sitting who may unvote all he hath compelled them to vote hath commanded his Iourney-men to think of an Adjournment for some good time that they may take the ayre and grow wholsome againe and then without some dire mischance they never meet more but this Supreme thing hath learned to use so much modesty to their Superiors as to referre it to the Hogens Mogens or Councell of State to consider what Votes and Acts they shall passe beforehand for establishing their Highnesses in their new Dominion And when out of their usurped
imputation of sinne for the good Cause either in Re or in mode Rei in the matter or manner in the thing or the extent thereof yet this successe was enough to invite Cromwell over to pursue the Victory and partake of the spoyles if not to usurp the whole Honour of the Atchievement to himselfe by his accustomed speciall prerogative So upon the 16 or 17. of August K. Nol set sayle towards his new Principality carrying contrary to the custome of the Sea his Lanthorne in his Proawe not in his Poope where we will leave him for the present to his adventures 205. The Association between Oneale and C. Monke See the Paper at large I have formerly hinted to you the Agreement made between Colonel Monke in behalfe of the Parliament of England and Owen Roe Oneale the massacring Irish Rebell I have now occasion to speake more at large of it and examine the truth of a Paper called The true state of the Transactions of Col. George Monke with Owen Roe Oneale as it was reported to the Parliament by the Councell of State c. Printed by Edward Husbands 15. August 1649. The said Agreement made between the Antimonarchicall Independent Party in Ireland and the massacring Antimonarchicall Popish Party under Owen Roe Oneale being a meer conspiracy to root out Monarchy and Protestancy first in Ireland and then in England and a second crucifying of Christ in his members between two Thieves the Schismatique and the Papist was so generally abhorred by the English Souldiery that many there tooke occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwell in so wicked an expedition Wherefore Cromwell writ Letters to his Creatures of the Councell of State by Monke himself complainig how much the miscarriage of that Agreement had retarded his said Voyage desiring them for satisfaction of the Souldiery and People to Treat with Monke to take the whole businesse upon himselfe and to cleer the Councell of State the Parliament and Cromwell himselfe from having any hand at all in it which upon Tearmes of safety and advantage he said he already found him inclinable to doe The better to carry on the scene this Agreement was with much heat of zeale complained of in the Apocryphall House of Commons by a Brother who had his cue beforehand and by the Iuncto was referred to the Councel of State as was forelaid where their High and Mightinesses after some private conference with Monke to accommodate the businesse voted their dislike of it Scot having studied the Politiques in a Brewers Tally is become a great Statesman in our new Babel See the said Paper The true state c. Bradshaw reprehending Monke in jest therefore And at last they Ordered That the whole businesse with Monks Reasons for his justification should be reported by Thomas Scot to the House of Commons which was accordingly done Upon Friday 10. August Monke was called in to the Barre where amongst other things the Speaker asked him What Persons he meant in his Letter to the L. Lieutenant of Ireland wherein he saith He made the Agreement with Oneale with the advice of some others Monke answered that he did it upon his owne score without advice of any other Person onely having discourse with Col. Iones Iones told him if he could keep Owen Roe and Ormond from joyning it would be a good service This Answer such as it is was taken for Satisfactory in so Comick an Interlude The next demand was Whether he had any advice or Directions from the Parliament Councell of State Lord Lieutenant of Ireland or any other Person here to do the same which he did expresly deny saying he did it upon his owne score Hereupon the House voted as followeth Resolved c. That this House doth utterly disapprove of the proceedings of Col. Monke in the Treaty and Cessation as they please to call it made between him and Owen Roe Oneale and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there who have had their hands in shedding English blood Neverthelesse the House being satisfied that what the said Col. Monke did therein was in his apprehension necessary for the preservation of the Parliament of Englands Interest That the House is content the further consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monke and the Play was done wherein take notice of these following Observations 1. The Armies Doctrine See the Answer of the Councel of Officers to the Parliaments Demand concerning their secured Members And their Answer thereto and use of apprehended necessity and good intentions to justifie evill actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks agoe publiquely knowne in England and divulged in their owne Licenced Newes-bookes was never scrupled untill now That 1. the said Agreement was expired 2. That Oneale was so beaten by the Lord Inchiquine that he is as their owne Newes-books say inconsiderable and must suddenly joyne with the Marquesse of Ormond or be destroyed 3. That these Votes call this * Let me not seem over-bold in maintaining a different opinion since Parliaments are no more infallible than Popes and all humane opinions are equall unlesse Reason make the difference I hope we have not lost our Reason with our Lawes and Liberties nor the exercise and use of it Agreement but a Treaty and Cessation of Armes which I affirme to be a League Defensive and Offensive against Ormond Inchiquine and all that doe and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith Tbat upon all occasions both Parties be ready with their Forces to assist one another untill a more absolute Agreement be made and condiscended unto by the Parliament of England This is beyond a Cessation 2. Article third saith That the Creaghts of Ulster residing within the Quarters of Col. Monke shall pay Contribution to Generall Owen Oneale This is a Concession of a great latitude farre beyond the authority of any subordinate Commander or Generall and against the Lawes and Liberties of the Land to grant Taxes It should seem by this that Oneale and his Army were become Mercenaries taken into pay by Monke 3. Article fourth saith That if Generall Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond the Lord Inchiquine or any other Enemies of the Parliament of England and thereby spend his Ammunition if he be neer unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchiquine Besieged Dundalke I make the same interpretation of this Article that I have made of the third 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Monkes liberty which likewise is too much
went quietly with them into the Vestry when presently a party of Horse from Saint Pauls rode into the said Church with Swords drawne and Pistols spanned crying out Knock the Rogues on the Head shoot them kill them and presently shot at randome at the crowd of unarmed Men Women and Children shot an old Woman into the head wounded grievously above forty more whereof many are likely to die frighted Women with Child and rifled and plundred away their cloaks hats and other spoiles of the Aegyptians and carried away the Minister to White-hall Prisoner You see these Hereticks Schismaticks and Atheists that crie so loudly upon Liberty of Conscience for their owne Blasphemies will allow no Liberty of Conscience to Protestants notwithstanding their Doctrine and form of Service is antient allowed and commanded by known Lawes and approved of by all the Reformed Churches of Christendome This strongly argues a Designe in the three Kinghdomes to root out Protestancy as well as Monarchy carried on by a conjunction of Councels and Forces between that triumvirate of Rebells O Neale O Cromwell and as many wise men thinke Argyle who would not otherwise keep the Scots from complying with the KING upon modest and moderate termes such as shall leave him in the condition of a Governing King able to protect His People from injuries at home and abroad without which He is but magni nominis umbra the shadow and May-game of a King Observe This Mutiny was not begun by Levellors this provocation was put upon the City when an artificiall Mutiny was raised at Oxford and against the Great Horse-race appointed to be at Brackley the 11. September to draw both City and Country to joyne with the Mutineers and then the Souldiers should have made their peace by themselves and have left the rest to the mercy of the State to raise more money upon them for O Cromwells expedition in Ireland who hath writ for more recruits of Men and Money Those bloody Saints that accompanied O Cromwell into Ireland to make that Kingdome as miserable slavish as they have made this doe now poure forth the blood of their owne bowels in great abundance 217. O Cromwell's Men sick in Ireland Gods vengeance having visited most of them with the Bloody flux whereof many die But this is a secret that must not be knowne to the Ungodly and therefore O Cromwell and his Councell of Warre at Dublin have made an Order Declaring That if any Person residing within the Garrison of Dublin whether Inhabitants or Soldiers shall upon pretence of writing to their Freinds signifie the Transactions of the Army between O Neale and O Cromwell it may be or their Engagements with the Enemy so as to setforth their Successe or Losse untill first the Generall or Councell of Warre have signified falsified the same to his Parliament of England they shall incurre the breach of the Article against Spies and be accordingly punished with Death c. Here you see O Cromwell in the first Yeare nay in the first Month of his reigne sets up a military tyranny in Ireland to which all People as wel not Souldiers as Souldiers must submit their lives fortunes the writing of news to their Friends in England whereby their Lies Forgeries may chance to be cōtradicted shall be construed to be a Breach of the Article against Spies not because Reason Truth or the Customes of Warre calls it so but because the Sword puts this construction upon it Take notice Ireland that this is the first yeare of thy Bondage if they prevaile And take notice England that O Cromwell and his Councell and Party are resolved to Lie without controule if they prevaile not their Letters speake him to be 15000. strong before Tredah which hath Articled to yeild That the next he will vouchsafe is Dundalke and that Ormond flies from the face of this Josua and Lying Prophets are sent over to gull the People into a beliefe But the truth is he is not able to draw together above 4000. or 5000. men unlesse his Confederate O Neale joyne with him And Ormond hath wit enough to know that sickenesse and famine in that wasted Country are sufficient to deale with O Cromwell without his running the hazard of an engagement with such desperate forlorne Wretches 218. Vnreasonable Fees extorded by Birckhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last yeare were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25. Edw. 3. for limitation of Treasons as in an infectious season all diseases turne to the plague and were then discharged for want of matter to make good the charge are now againe imprisoned in the first yeare of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons untill they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KING's time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legall meanes to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintaine him in it Sir Henry Mildmay lately comming to the Tower 219. Sir Har. Mildmay's Politicke Observations Chaste Conversation and first initation at Court and perceiving the Countesse of Carlisles window had some prospect to Col. Lylbornes grates out of his parasitical diligence told the Lieutenant of the Tower That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signes upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councell of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho Scot the Demolisher of old Palaces and Deflowrer of young Maydenheads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a faire Lady his nearest Ally to his Lust had not she been as Virtuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himselfe taken with the Wind-collick got an opportunity to insinuate himselfe into a Citizens house in Cheapside and tempted his Wife but had a shamefull repulse but more of this I will not speake lest his Wife beat