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 Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales 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 tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths 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 being of Parliaments for which Treasons Strafford and Canterbury though least 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 Burrroughs for which we serve do by this present Writing in our owne 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 do 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 tyrannical and pernitious both to the King Parliament 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 do We do 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 Bretheren 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 Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices 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-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John 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 Justice of it selfe and having no power to hear 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 whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed 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 and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
aforesaid commotions and all other causes they pleased to call High Treason They had no other bounds nor limits in their proceedings than what they prefixed to themselves in certain Articles Some few whereof I will here present unto my Reader because they judged of High Treason by those Articles not by the known Laws of the Land a thing very observable and applicable to my purpose so that they were not only Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a liberty to observe no set forms of proceedings but at their own pleasure 1. Article Petitioning against Innovations in Government and for the known Laws made Treason the like the Parliament practiseth against such as petitioned for peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes All Petitions heretofore tendered to the States or Cities Corporate against the erecting of new Episcopal Sees or against the Holy Inquisition or or requiring a Moderation of Decrees or Acts of State Parliament are accounted meer conspiracies against God and the King 2. Art All Nobles Gentry Judges Magistrates and all others who connived at Heretical Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessity of the times and did not resist and oppose them 3. Art Whosoever affirms that all His Majesties Subjects of Belgia have not forfeited their ancient Priviledges immunities and laws for Treason We have forfeited our laws by conquest or else our Grandees would not pass the two Acts for Treason 14. May 17. July 1648. nor erect the High Court of Justice and abolish our ancient lawes and government See Pol. 3. Oct. 1650. and the Case of the Kingdome stated and that it is not lawful for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oaths Promises Grants Contracts and Obligations whatsoever Compare this with the two Acts for New Treasons 14. May 17. July 1649. and the Act 26 March 1650. and Sir John Gells Case stated 4. Art They that affirm this Councel or High Court of Justice exercise Tyranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil Our High Court of Just exceeds all this See Sir John Gells Case stated Printed Aug. 1650. 5. Art Those that in case of Heresie deny that all manner of Informers and Witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgment Execution and Confiscation of life and goods without publishing the cause or charge and without any legal form of Trial. All these are guilty of High Treason against God and the King The Rigour Cruelty and Injustice of this New erected Counsel of Blood or High Court of Justice enforced the Low Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some mean petty fellowes Natives of that Island men even at home of obscure Birth Breeding and Fortunes we cannot finde examples of Ambition Usurpation and Tyranny as high and transcendent as bloody and destructive as covetous and greedy as any of the fore-recited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloody oppressing cheating Designs promoted by Perjury Treachery breach of Faith Oaths and publick Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special Commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and Covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the people to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtilties the said party in the two Houses now combined openly under the General Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43. or 44. of their own engaged party sitting men inriched with publick spoyls and voting under the power of the Armies Commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said remainder of Commons voted down the House of Lords though an integral and principal Member of the Parliament of England far antienter than the House of Commons and having a power of Judicature to administer an Oath which the House of Commons never had nor pretended to have until this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conferences as the Grand Inquest doth before the Judges because they rejected the Ordinance for Trial of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes To subvert the Fundamental Government Laws and Liberties of the Land To pull up by the Roots without Legal proceedings every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year In their Tax Rolls they usually set in the Margent to every name private notes of distinction an M. an N. or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redress slighted N stands for a Neuter he is more indifferently rated and upon cause shewn may chance to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concur with them in the height of their villanies The pretended Parliament are now debating to raise the Monethly Tax to 240000 lib. or to deprive every man of the third part of his Estate both Real and Personal for maintenance of their immortal Wars and short lived Commonwealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of
Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their plea for Non-subscribers Therefore I pass on to my principal scope The second Engine appointed to root out all such as are of a different party the High Court of Justice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Justice 4. The High Court of Justice I must consider 1. By what persons and Authority this new erected unpresidented Court is constituted 2. Of what persons it is constituted 3. The way and manner of their proceedings What Formalities and Laws they observe therein How suitable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudicial Court are the present pretended Parliament consisting of forty or fifty thriving Commons only who conspired with Cromwel and the Army to expel seven parts of eighth of their Fellow-Members without any cause shewn abolished the House of Peers erected this High Court of Justice in nature of a Court Martial to murther the King abolished Kingly Government turned it into a thing they call a Free State disinherited the Royal Family and now usurp to themselves without any calling from God or the People more than a Regal Legal or Parliamentary Authority wherewith they have subverted the Fundamental Government Religion Laws Liberties and Property of the Nation and envassallised and enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudicial Court is The usurped Legislative power by colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Justice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great and happy Parliament printed by William Cooke 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdome wherein the King as head The Lords are the more Noble and the Commons the other Members are knit together as one body politick The Laws are the Arteries and Ligaments that hold the body together And a little after Its Treason to embesel a Judicial Record Strafford swept them all away It s Treason to counterfeit a 20 s. peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s treason to counterfeit the great Seal for an acre of land no property hereby is left to any land at all no more is there by the votes and practise of our new Supremists thus far Mr. St. Johns But that the Parliament doth necessarily consist of the King and the two Houses assembled by his Writ can pass no Act without their joint consent See the preambles of all our Statutes all our Parliament Records all our Law books Modus tenendi Parliamentum Hackwels manner of passing Bills Sir Tho. Smith de Repub. Anglorum Cambdeni Britania All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is not by any Law of the Land but by the will of lawless power and Rebellion that hath cancelled all our Laws Liberties and Properties and subverted our Fundamental Government and disfranchised and disinherited the whole Nation Yet Master St. Johns in his said Argument against Strafford pag. 38. was then of opinion That to subvert the Laws and Government and make a Kingdome no Kingdome was Treason at the Common Law This Act 26. Mar. 1650. is a new modelled Commission of Oyer and Terminer and all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President and Counsel of York or of the North as an intollerable grievance notwithstanding it had been of as long continuance as from 41 H. 8. as appeares by a worthy Members Speech or Argument against it in the said Book of Speeches and Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart High Court is not more liable than it 1. The Commissioners of this High Court are not appointed to enquire per Sacramentum proborum legalium hominum that is by Juries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to hear and determine Secundùm Leges Angliae according to the known Laws as they ought to be but according to certain Articles and powers given in the said Act 26. March 1650. 3. The said Act 26 March leaves a dangerous latude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25 Edw. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to appertain to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporal pains are proper to slaves not to subjests Here after the loss of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowereth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practise of all our Courts of Law and of all Nations See Stat. 1 Edw. VI. chap. 12. 5 Edw. VI. chap. 11. Cooks 3. Inst p. .24 25 26. Deut. 17.6 Ex ore duorum vel trium peribit qui occidetur Deut. 17.6 Matth. 18.16 John 18.23 2 Cor. 13.1 Heb. 10.28 This is the most arbitrary and destroying liberty that ever was given to Judges And such as none but professed thieves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man and man How then can they end and determine a controversie without oath But the end of all controversies before this Butcher-row of Judges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses they may and I hear do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce
Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be out-lawed or exiled or any other ways destroyed Nor we shall not pass upon him but by a lawful Iudgment of his Peers or by the Law of the Land 2. We shall sell to no man nor deferr to any man Iustice or Right By the Stat. 42. Ed. III chap III. The Great Charter is commanded to be kept in all points and it is enacted That if any Stat. be made to the contrary That shall be holden for none By the Act 26 March 1650. entituled An Act for establishing An High Court of Iustice Power is given to this Court To Try Condemn and cause execution of death to be done upon the Freemen of England according as the Major number of any 12. of the Members thereof shall judge to appertain to Justice And therupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Justice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap of Magna Charta it had bin also enacted That Iustice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3. Car. upon premising That contrary to the Great Charter Trials and Executions had bin had and done against the Subjects by Commissions Martial c. it was therby prayed and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent hereupon Humbly observeth and affirmeth That this Court is though under a dâ—fferent stile in nature and in the Proceedings therby directed the same with a Commission Martial The Freemen thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courts of Commissioners Martiall was practised and was agreeable to their constitution And consequently against the Petition of Right in which he and all the Freemen of England if it be granted there be any such hath and have Right and Interest he humbly claimes his right accordingly By the Declarations of this Parliament Dec. and Jan. 17. 1641. The benefit of the Laws and the ordinary course of Justice are the Subjects Birthright By the Declaration 12. July 6. 1. Octob. 1642. The Prosecution of the Laws and due administration of Iustice are owned to be the justifying cause of the War and the end of the Parliaments affaires managed by their Swords and Counsels and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Justice in the ordinary Courts By the Ordinance or Votes of Non-addresses Jan. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Iustice in the ordinary Courts thereof * * Th y forget the 2. Declarations 9. Febr. 17. March 1648. And therfore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the publique Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by vertue of Magna Charta The Petition of Right and the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Justice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shall be Necessary In all humblenesse for the present Answer offereth to this Honourable Court. That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in case of Treason For that 1. The said Court is not constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon the Record and but upon Record cannot at all have that account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought until Acquital against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by Presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 49. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darlâ—is Case 4. Rep. 43. EliZ. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. IV. chap. 1. Diers Reports fol. 121. The year book of Eâ—â— IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are therby punishable the injured and betrayed not vindicable Which are defects incompatible with a Court of Iustice and inconsistent with Iustice it self and the honor of a Christian Nation and Common wealth 2. The Members of this Court are by the said Act directed to be sworn 1. Not in conspectu populi For the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and
should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
your Lordship or your Officers Judges I therefore desire to know from your Lordship what kind of Prisoner I am and whose If a Prisoner of peace neither your Lordship nor your Officers are any Justices of peace or Civill Magistrates in this place to restrain me for any civill crime were I guilty of it much less without proof or hearing in case I were no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least without the Houses licence first obtained If a Prisoner of Warre which I cannot probably be being never in Arms and apprehended neer the Commons House door going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknowledge That you have levied Warre against the Parliament and its Members and what capital offence this is and what a punishment it deserves I need not inform your Lordship or your Councell who have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himself I have but one thing more to trouble your Lordship with and that is to demand whose Prisoner I am having yet seen no Warrant nor Order from your self or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or Warrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Laws to order your Attourney to give an Appearance for you in the Kings bench the first return of the next Tearm to an action of false Imprisonment for this my unjust restraint which I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours which I conceive who yet abuse your name and authority herein though it be a rule in Law and Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers who have been most active in my Imprisonment for damage and reparations which if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publick cause which so highly concerns the honour freedom and Priviledges of Parliament and Subjects Liberties for defence and maintenance whereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I now again engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as willingly forgive and put up private injuries when the publike is not concerned as any man All which I thought meet to inform your Lordship of whom I am heartily sorry to see so much dishonoured abuâ—ed and misled by rash ill-advised Officers and dangerous destructive and I dare say Jesuitical Councels to the Parliaments dissipation the Kingdoms prejudice Irelands loss most good mens and Ministers grief your best Friends astonishment your Enemies and the Papists triumph our Religions scandal and your own dishonour which I beseech you as an Englishman a Christian a Professor of piety and Religion a Souldier a General to lay sadly to your heart as the earnest request of From my Prison at the Sign of the Kings Head in the Strand 3. Jan. 1648. Your Lordships faithful Friend and Monitor William Pryn. * An Additional Postscript VVE reade Luke 3.14 that when the Souldiers demanded of John Baptist saying and What shall we do he said unto them Do violence to no man or put no man in fears neither accuse any falsly and be content with your allowance not imprison depose or murther Kings pull down Parliaments imprison violently shut out and drive away Parliament men and then lay all false accusations and scandals upon them to colour your violence subvert Kingdoms alter States break all bonds of Laws Oaths Covenants Obligations Engagements to God and Men usurp all Civil Military and Ecclesiastical power and the Kings Royal Palaces into your own hands as supreme Lords and Kings raise what new forces and levie what new Taxes you please take up what Free-quarters and Houses seize and plunder what publike Treasuries monies you please without Commission or Authority obey neither God nor Man neither Parliament nor Magistrate and be content with nothing but alter and subvert all things These are Saint Peters new doctrines and Revelations to our Officers and Souldiers now those Jesuits who lurk amongst them not John the Baptist whose Canonicall advice is now rejected as Apocryphall even among the Army Saints who preferre every ignis fatuus though from Doway or Râ—me it self before this burning and shining old light and are guided onely by a new minted law of pretended providence or necessity of their own forging and not by the revealed will and law of God the sacred light whereof their present works of darkness dare not approach lest they should be reproved and condemned by them But some 43. Actions of false imprisonment by the imprisoned and 150. Actions of the Case by the secluded Members brought against these domineering lawless Officers and Grandees of the Army wherein good Damages will be recovered and some 12. Indictm of High Treason against them for laying violent hands upon the Kings Person and the Members and leavying War against the Parliament will teach them more obedience humility and modesty then either John Baptist Saint Paul Saint Peter or Saint Peters will do and be like Gideon thorns and briers of discipline to these men of Succoth with whom no fair means will prevail who might have learned so much law and justice from a Heathen Souldier and Governour Festus Acts 25.27 It seemeth unto me unreasonable to send much more to commit a Prisoner and not withall to signifie the crimes laid against him and come short of that ingenuity of the heathenish chief Captain who seized upon Paul thereby to appease the Tumult at Hierusalem Acts 22.27 29. who as soon as ever Paul told him he was a Roman Free-born then straight way they departed from him who should have examined him and the chief Captain also was affraid after he knew that he was a Roman and because he had bound him And should not false imprisoning of a Parliament-man Free-born English-man be as formidable to our chief Captains being a Christian I say sworn and vowed to defend the Houses Priviledges and Members Persons as the Imprisonment of a Roman was to this chief Captain and they as ingenious and just as he who shall rise up in judgement against them and condemn them at the last I shall close up all with this observation That as the most glorious Angels in Heaven when
People or else by the power of Courtiers stopping the course of Justice at the Councel Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Judges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there For this you must take the faith of the misty brained Penman who had this as well as many other gross Lies by Revelation The Army had had the King in hâ—ir power and had the Parliament adjourned the sole power of the Kingdom had been left in the Army which is a thing aimed at by them Another Objection is That they had intelligence that had they been suffered to meet all in the House once more it was designed to have passed some higher Resolutions to lay farther foundations of a new quarrel so as to carry therein the name and countenance of Parliamentary Authoriâ—y together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another War To this we say the House immediately upon passing the Vote 5. Decemb sent a Committee to the General to confer with him and his Officers and keep a good correspondency with them To which the General promised his readiness howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shews they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custodie are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no less crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appears what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be legally carried in a judicial way by competent Judges not preingaged In the mean time we conclude That Souldiers whose advantages arise by War are not fit to judge of the Peace of the Nation 74. A Declaration by Mr. Walker and Mr. Pryn The 19. Jan. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the Generall and Generall Councell of the Army and their Election now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full and free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pittying the bleeding condition and tears of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Laws and Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by concluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the settlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized and Imprisoned 41 of the Members going to the House of Commons to do their Duty secluded above 160. other Members besidss 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their own engaged party of 40. or 50. Members sitting who now pass Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their own Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style of a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons do declare and protest That the said Generall Commissioned Officers and Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged War and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament and the Kings Person and Authority in defence of Religion Laws and Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders and Actings passed and to be passed by this nominall House of Commons are and will be void ab initio and all such as do or shall obey them are and will be punishable both by the Armies own judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We do farther declare and protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice and usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations and the Protestant Profession Traitors against the Stat. of Treason 25. Edw. 3. and against all Laws and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation
all the Parliaments Declarations and Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their own Faction all others being displaced under the generall notion of disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom being far the Major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl. or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverley in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and also on or about the twenty third day of October in the same year at Edgehill and Keinton-field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred fourty and three at Cavesham-bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord one thousand six hundred forty and six He the said Charles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured and procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by Him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-people of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warrs and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warrs and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischief to this Nation acted or committed in the said Warrs or occasioned therby And the said John Cook by Protestation saving on the behalfe of the people of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons and crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer all and every the premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Commonwealth President Sir you have now heard your Charge you finde that in the close of it it is prayed to the Court in behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story then I think fit at this time for me to speak But there I entred into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but that they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawful Authority there are many unlawfull Authorities Thieves and Robbers on the High-way I was brought from thence and carried from place to place and I know not what and when I know by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinns you bring upon your own heads and the judgment of God upon this Land think well upon it think well upon it I say before you go on from one sinne to a greater therefore let me know by what
lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My Trust I have a trust committed to Me by God by old and lawfull descent I will not betray it to answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first comming hither you would have known by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therfore let Me know by what lawfull Authority I am called hither I do stand more for the Liberty of My People then any here that come to be My pretended Judges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Bradsh Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledg of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will do it to the last breath in My body As it is a sinne to withstand lawfull Authority so it is to submit to a Tyrannical or any otherwise unlawfull Authority Bradsh The Court expects your finall Answer and will adjourne till Munday next Brutish we are satisfied with our Authority that are your Judges and it is upon Gods Authority and the Kingdomes and that peace you speak of will be kept in doing Justice and that 's our present work So the Court adjourned and the King was conducted back Note They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Justice Justice when the King was remanded thinking all the rest of the people would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Justice Whether this were the first day or afterwards I know not The King only saying My Saviour suffered more for my sake wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday January 22. 81. The second daies Triall of his Majesty The KING was brought again to His Tryall Solicitour Cock May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a charge of high Treason and other High crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of confession or Negation which if He shall refuse to do That the matter of charge may be taken pro confesso and the Court may proceed according to Justice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a charge read against You c. You hear likewise what was prayed in behalf of the People That you should give an Answer to that charge You were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and capitall Misdemeanours wherewith You were then charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that you do give a positive and particular Answer to this Charge exhibited against You they expect you should either confess or deny If you do deny Without any Law President rationall debate or Arguments to prove it Oh brutish Tyranny it is offered in the behalf of the Kingdome to be made good against You Their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therfore You are to give a positive Answer King When I was here last its true I made that Question and truly if it were only my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction upon Earth but it is not my case alone it is the Freedome and the Liberties of the People of England and do you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamental Lawes of the Kingdome I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against me here and therfore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do I shall tell you My Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You do is not agreable to the proceedings of any Court of Justice False You are about to
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho. Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennis Bond Esq Humph. Edwards Esq Gregory Clement Esq John Fray Esq Tho. Wogan Esq Sir Greg. Norton Serj. John Bradshaw Col. Edm. Harvey John Dove Esq Col. John Venn John Foulks Alder. Thomas Scot. Tho. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 85. Observations upon the tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating Tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a civil Martyr dying for the Liberty of the people And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. February Cromwell and Ireton and their canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their requests are commands to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains sub fine And the Hunting of the Foxes c. although no Members of the Army they must have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodomus that Type and figure of him John of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were sent to the Presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he intended to deliver in Writing on Monday Jan. 22. 1648. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation HAving already made my Protestations not only against the Illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe to God in the preservation of the true Liberty of my people will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a
Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their Designs and the Ministers thereof but Hostlers to rub down curry and dress it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinations they pass these following Votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimcks Doctour Fairfax Doctour Cromwel and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetual Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Royal Assent any statute law custome or usage to the contrary notwithstanding they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Laws Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage war or to bear Arms against the Representative body of the People or Parliament is high Treason By the Law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Arms against this Parliament and is therefore guilty of all the blood shed this War and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Trial that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither Law president formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawful Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical faction Amongst whom were many low conditioned Mechanicks and Banquerouts whose Fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood they spilt The King the Fountain of Law Justice Mercy Honour War and Peace the Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and banks of the Sea had been overturned an impetuous inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. Chap. 2. Ascertaining Treasons and reducing them to a small number and leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience supremacy oblige us to be high treason these new acts of treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe pretended Acts. 1. To Disinherit his Children 2. To abolish Kingly Government for ever 3. To convert our ancient well-tempered Monarchy into that which they call a Common-wealth They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their faction onely are the people All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the people in general 4. They Constitute a Senate or Councel of State of 40 men amongst which some Trades-men Souldiers illiterate Lawyers Parliament-Members men already engaged over head and eares in sin therefore to be confided in to these
these proceedings nor amongst such Judges and this rod of Iron is provided to bruise his Country as well as himself Lieutenant Collonel Lilbornes Trial hath taught them That it is an easier Matter for them to pack a Butcher-Rowe of confiding partiall Judges then a Jury who are liable to be challenged if suspected of partiality When Collonel Andrewes claimed to be tried legally as a Freeman by a Jury and vouched Great Charter and many other Statutes whereof see his aforesaid 3. Answers that sneaking Bloud-sucker illiterate Keeble answered Those Statutes were out of date now meaning They were taken away by conquest So that this Shamble Rowe of Judges take upon them to be both Judges of the Law without acknowledging the Fundamentall Lawes of the Land or taking any Oath of Indifferency to the People Triors of the Fact or Jurates of life and death without being sworn to find according to Evidence as well as Parties and Prosecutors Theeves upon the high way may as justly arraign a True man before them because he brought no more Mony in his purse offered to draw his sword and hid his mony about him in contempt of their Jurisdiction and Authority and condemn him upon such a Mock Triall and Mummery or Enterlude of Justice as these Fellows If they allow him Counsel his Counsel must apprehend the mindes of his Judges at his perill and not be so faithfull and diligent as to help his client in earnest Lest the Counsel of State or some other power whose will is a Law interpose and banish him 20. miles from London as they did Master Sprat Sir John Gells Solicitor before Sir Johns businesse was ended whereby Sir John was left destitute of meanes to follow his businesse himself being Close Prisoner If they permit any witnesse to speak on the prisoners part He comes at his perill Sir John Gells first witnesse was so baffled in Court that the rest stole away and durst not appear I have not heard whether they give any Copy of their Aricles of Impeachment to the Prisoner for they cover all their doings with such a Plaguy Egyptian Darknesse that we cannot see a glimpse of light or whether they go a Starre Chamber way and make him Answer Ore tenus and ex tempore for his life and Estate But if they give him any Copy or any time to answer it is not above four or five daies or a week nor do they allow him Counsell or any other Clearing of the way to his defence untill he have ensnared himself by owning their Jurisdiction and pleaded the Generall Plea Not Guilty If he pleade not an Issuable Plea and yield to their Jurisdiction quitting all benefit of the Law and Legall proceedings the Razor is at his throat they thirst after his Bloud and they presently sentence him guilty of contumacy and take it pro confesso And if he do submit and plead His plea will have the operation but of a Psalm of Mercy prolonging his life but for a short time in the interim Keeble and his Court plays with him as a Cat with a Mouse and then devours him For no man is sent to this Court to be Tried but to be condemned In hac arena dimicatur sine missione Herein they shew themselves much more Tyrannous and bloudy then the Duke D' Alva when he erected his said Counsel of Troubles called Concilium Sanguinis or the Bloudy conventicle as this will shortly be For saith Strada Declar. 1. lib. 7. Procurator reginus menses 4. Conficiendae Accusationi accipiens sibi 5. Concedebat ad Defensionem regis Egmontio Hornano c. The Kings Atturney took 4. Moneths time to draw up the charge or accusation and gave 5. Months time to the Respondents to make their defence And had he given less then 5. Moneths time To Instruct Counsel Pen their Answers produce and summon witesses inquire into the lives and conversation of their Accusors his feet had been swift to shed bloud Nulla unquam de morte hominis cunctatio longa est But our Inquisitors take whole yeares to themselves to hunt for Matter of Accusation and hire and engage witnesses against men kept in ignorance and want with close Imprisonment and allow not them so many daies to make their Defence All manner of Accusors and witnesses though apparently suborned and forsworn in the same cause and proofes without exceptions offered to the Court that they are of infamous life and conversation are in this Court the Object of whose desires are Bloud and Confiscations not Justice lawfull witnesses such witnesses were the said Bernard and Pits Monsters of men See Sir John Gells case stated Printed about August 1650. To cite any antient known Laws or Statutes or any other then their own new coined Acts passed by this 8th Parts of a House of Commons since they became elect Members chosen by Thomas Pride is to incur the High Indignation of the Court expressed abundantly in their words and looks But to put them in mind of the Parliaments many Declarations To maintain the antient known Laws Liberties and Properties of the People is to scandall the present Government and incur the Censure of that unknown Mysterious Crime which knaves call Malignancy The witnesses and Judges being thus irrefragable the first may swear what they will the second may judge what they will since they are left at large and have all things in scrinio pectoris and Book Law must give place to Bench Law The Jurisdiction and Authority of this New unparalled Court is such a Mistery of iniquity so unscrutable and unquestionable that if a Prisoner scruple in the least either it or any of the uncouth proceedings of it it is a Mortall Sinne to him and he is presently interrupted See the Trial of King Char. I. in the History of Independency 2. Part. pag. 91. c. and affronted both with disdainfull words and looks And told We are satisfied with our Authority that are your Judges So are Theeves upon the high way satisfied with their Authority that rob and murder us by Gods Providence and permission It is upon Gods Authority and the Kingdoms yet what they do is against the will of God revealed in his Scriptures and against the known established Lawes Statutes and continuall Practise of the Kingdom Which Authority commands you in the name of the People of England to answer them Yet at least 9. Parts of 10. of the People so much abhor these and other their Practises that every mans mouth speakes against them with bitter curses and reproaches to restrain which they have minted Acts of New Treasons to make men Offenders nay Traitors even for bare words and erected this bloudy illegall Theater The High Court so called for its High Injustice as a Spanish Inquisition over them and every mans hand would be about their eares did they not keep an Army of Janisaries to suppresse them Their Authority they do avow to the whole World that the whole Kingdom are
Projector Holland the Linkeboy John Trencharde that packed a Committee in which he was a Member and voted to himself 2000 l. Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me See the Additionall Pâ—stscript at the Latter end of this Book 2. An Enditement must certainly allege the Offence committed in respect of the Matter Time Place Persons and other Circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of Time Place and Persons being the assured Testimony of all Humane Actions This Lawless Court leaves him in a vast Sea of Troubles without Pole-star card or compass to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a false-hearted Pilot to him These Judges not being of Counsel with the Prisoner as our Legall Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious Cooks 3. Instit p. 29. But the whole Proceedings of this Court their Meeting and sitting being erroneous here is no room left for Admonition To take away their errours is to take away Court 4. Cooks 2. Instit pag. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Laws of England not upon the votes of the House of Commons and to contain this Clause in them To do what is just according to the Laws and Customs of England not to execute the severall powers given them by the Act. 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII c. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of 12 men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any Person or Persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of People were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a New Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I hear such an other Offfce will be erected when the Novelty of this wonderfull High Court is lessened and the yoke thereof throughly setled upon the Peoples Necks Yet observe the said Act. 11. Hen. VII c. 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had been pursued against many of the Kings subjects to their great dammage and wrongfull vexation The ill successe hereof saith Cook and the fearfull end of these two Oppressors who were Endited and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and Free Parliament Cooks 3. Instit p. 208. Should admonish Parliaments That instead of this Ordinary and precious Triall by the Law of the Land they bring not in Absolute and Partiall Trialls by Discretion And in his 4. Instit page 41. Cook saith Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertain and crooked cord of Discretion for it is not almost Credible to foresee when any Maxime or Fundamentall Law of the Land is altered what dangerous inconveniences will follow as appeares by this unjust and strange Act 11. Henry VII chap. 3. 5. This Parliament alwaies declared they bore Arms against the King in Defence of the Laws Liberties and Properties of the People This way ran the whole current of their Declarations And they alwaies reckoned Magna Charta the Petition of Right and Trialls by Juries the Chief and most Fundamentall of all our Laws See their 1. Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgements against mens Estates without Trials by Juries Much aggravated by Master St. Iohns in his aforesaid Argument against Strafford And for the better preservation of Legall Trialls by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earl should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9. Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the fundamental Laws of the land for preservation of the lives liberties and properties of the people with all things incident thereto Now to erect an arbitrary lawless high Court to give judgment against mens lives and estates and attain their bloods without Enditement found by a grand Jury and a trial by a Jury of twelve sworn men vicineto is a far fouler breach of trust in them against their Sovereign Lords the People than all they charged the King withall and a far higher act of tyranny and injustice than either the late King or Empson and Dudley or Strafford were accused of But if they alledg They do not put down Juries in general but only in some particular mens cases and upon necessity I answer That we are all born Freemen of England alike That our ancient known Laws Laws Courts and trials by Juries are our inheritance equal alike to all And one party or part of the people ought not to be disherited disfranchised or forejudged no more than another No man can be said guilty of any crime until he be legally convicted and sentenced the Law must first go upon him and condemn him Ubilex non distinguit non est distinguendum If we do not live all under one Law and form of Justice we are not all of one Commonwealth See the aforementioned Gentlemans Argument against the special Commission of the Court of York For Necessity our present power is under none but the fears and terrors of their own guilty consciences No apparence nor probability of any enemy by their own confession nor can they plead in their excuse a necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerful and dangerous persons as could not safely be called to account by the Law so dyed Joab Adonijah c. for which the rule is Neminem adeo eminere
is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Trial of this Respondent he claims the benefit of Trial per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over-ruled And prayes that this his Answer and Salvos may be accepted and registred Eusebius Andrews WHereas mention hath bin made in several printed Books that John Fowke Alderman was one of those persons that did actually sit as Judges upon the Trial of his Majesty with the Councel and Attendants of the Court. And was in the number of the Judges at the Kings sentence of death These are to give notice to all men that the same is most false and scandalous as will many wayes appear And in particular by the Certificate of Henry Scobell Clerk of the Parliament in these words following ViZ. IN a Book Ordered by the Parliament to be kept among the Records of the Parliament read in the House the 11. of December 1640. and Entituled A Journal of the Proceedings of the High Court of Justice erected by Act of the Commons of England Entituled An Act of the Commons of England in Parliament Assembled for Erecting of an High Court of Justice for the trying and judging of Charles Stewart King of England In which Books are set down the Names of the Commissioners appearing each day in Court Having diligently searched the same the name of John Fowke Alderman of London is not therein mentioned as being present with the Commissioners at any meeting upon the said Trial either publike or private March 28. 1660. Henry Scobell Clerk of the Parliament THE HISTORY OF Independency The Fourth and last Part. Continued from the Death of his late MAIESTY King CHARLS the First of happy Memory till the deaths of the chief of that Juncto By T. M. Esquire a Lover of his King and Country Cicero Epist Lib. 2. Ep. 3. Civem mehercule non puto esse qui temporibus his ridere possit Id. Lib. 5. Ep. 12. Habet autem praeteriti doloris secura recordatio delectationem LONDON Printed for H. Brome at the Gun in Ivie-Lane and H. Marsh at the Princes Arms in Chancery-Lane 1660. TO THE SACRED MAJESTY OF Great BRITTAINS MONARCH The Triumphant Son of a most Glorious Father who was in all things More than Conquerour The Illustrious ofspring of a Royal Traine of ANTIENT PRINCES CHARLES The second of that Name Entituled PIOUS By the sole Providence of an Almighty hand of England Scotland France and Ireland King Defender of the Faith Restorer of the English Church unto its Pristine State and Glory Patron of Law and Liberty Not to be Seconded by any but himself Who is the best of Kings And of all Vertue to the World THE GRAND EXEMPLAR Most Dread Soveraign IT is neither arrogance nor ambition that makes me thus boldly to intrude into your presence for I know so great a Sun will quickly dazle my weak eyes but because the former parts were honoured with your royal Fathers name this therefore hopes to be sheltered under your Princely wing this but concluding what they begun and making you the happy repayrer of those Breaches which that powerfull and restless faction of Independency made on the Regalia of England that posterity may as well see in this their felicity by you in the ruine of that faction as formerly they read their own misery in the Treasonable actings thereof against his late Majesty of ever glorious memory I have no more but only to pray that you may in this World be blessed with the wisdom and happynesse of Solomon a peaceable long and all glorious Reign the age of Methuselah wherein you may enjoy the full contents of a most happy life and at last full of honour and dayes arrive to the perfect fruition of a more glorious Kingdom in Gods presence before whom is fullness of joy and at his right hand pleasures for evermore 29. Oct. 1660. This from his soul is the daily prayer of Your Majesties most faithfull subject and Servant T. M. To the Nobility Gentry Clergy and Commons of ENGLAND IT is I think more out of custome than necessity that I do at this time premise any thing the Subject whereof we treat having been fatally felt by most of the Nation in some way or other yet is it necessary that the history of such turgencies in the State should be communicated that posterity may hereafter see in their rise and fall the certain punishment of Treason though for a time guarded and upheld by armed violence and the highest policies of a subtle malice It is said of the Epicureans that though they acknowledged no providence nor any immortality of the soul and proposed pleasure as the only end of their lives yet they maintained most of them that they that were lovers of pleasure must of necessity be lovers of Justice and that without virtue it was not possible for men to live in true pleasure So as it was said of the Stoicks who were for the most part notable hypocrites that they spoke good things and did foul actions but that the Epicureans spoke and taught things that seemed foul and shamefull but did that which was fair and honest Certenly these two sects of Phylosophers might be the very parallel of our late times wherein our Stoicall Grandees could speak nothing but holiness where the practice of their lives was a continued series of horrid Treasons while a litle innocent mirth and freeness of speech was the greatest that lay or indeed could be cast upon integrity of their despised Antagonists so that we might see Cucullus non fecit Monarchum It had been well for England if the sad occasions of writing this history of the times had never happened but they have been And as our Saviour saith Offences must come but wo be to them by whom they come so then to declare the actings and their method and manner is but so to lay them open that they may for the future be the better avoided and prevented The knowledg of all persons the meaning of all matters Voss de sâ—ri Agâ— de art histor and the depth of all secrets is lockt up in history according to that of Vossius alluding to that of the Roman Poet Qui quid sit turpe aut pulchrum quid utile quid non Plenius melius Chrysyppo Crantore dixit And this I dare promise you in the ensuing Manual without too violent reflections to widen differences all the observations arising as naturally from the relations as suteable words do fitly supply the ready tongue of a Learned Oratour It is the general happinesse at this present that we can read the downfall of faction and rejoyce in the glory of restored Majesty with safety and content
THE COMPLEAT HISTORY OF Independencie UPON THE PARLIAMENT Begun 1640. By CLEM. WALKER Esq Continued till this present year 1660. which fourth Part was never before published Horat. Spe Metuque procul LONDON Printed for Iohn Wiliams at the Crown in St. Paul's Church-yard 1661. RELATIONS AND OBSERVATIONS HISTORICAL and POLITICK upon the PARLIAMENT begun Anno Dom. 1640. Divided into II. Books 1. The Mystery of the two Junto's Presbyterian and Independent 2. The History of Independency c. TOGETHER WITH An APPENDIX touching the Proceedings of the Independent Faction in SCOTLAND POLIB Historici est Ne quid falsi audeat dicere Ne quid veri non audeat HORAT Spe metuque procul Printed in the Year 1648. To my dread Soveraign Royal Sir YOU have Drunk deep in the Cup of Affliction and we have all Pledged you it is wholsome though bitter but let us pray to God to remove this Cup in time for the dregs and lees are poyson You have learned by over-winding the strings of Authority how to tune the People of this Monarchy without breaking their Patience hereafter Most Princes desire unlimited power which is a Sail too great for any Vessel of Mortality to bear though it be never so well Ballasted with Justice Wisdome Moderation and Piety yet one flarb or other will endanger the over-setting it Those Commonwealths are most stable and pleasing where the State is so mixed that every man according to his degree and capacity hath some interest therein to content him The KING Sovereign Command and Power The Nobility and Gentry a derivative Authority and Magistracy and all enjoy their Laws Liberties and Properties God hath cursed him that removeth the Bound-marks of his neighbour this is a comprehensive curse Kings enlarging their Prerogatives beyond their limits are not excepted from it You may be pleas'd to take heed therefore of two sorts of men most likely to mis-lead you in this point Ambitious Lawyers who teach the Law to speak not what the Legislators meant but what you shall seem to desire To avoyd this snare suffer your Parliament to nominate 3. men for every Judges place out of which you may please to choose one as in pricking of Sheriffs For it is the people that are obnoxious to their wickedness you are above the reach of their malice The second sort is Parasitical Divines These Ear-wigs are alwayes hovering in Princes Courts hanging in their ears They take upon them to make Princes beholding to their violent wresting of the Text to bestow upon them whatever Prerogative the Kings of Juda or Israel used or usurped as if the judicials of Moses were appointed by God for all Common-wealths all Kings as a good Bishoprick or Living is fit for every Priest that can catch it These men having their best hopes of preferment from Princes make Divinity to be but Organon Politicum an instrument of Government and harden the hearts of Princes Pharaoh-like Kings delight to be tickled by such venerable warrantable flattery Sir you have more means to prefer them than other men therefore they apply themselves more to you than other men do Tu facis hunc Dominum te facit ille Deum The King makes the poor Priest a Lord and rather than he will be behind with the King in courtesie he will flatter him above the condition of a Mortal and make him a God Royal. Sir permit me to give you this Antidote against this poyson let an Act be past That all such Divines as either by Preaching Writing or discoursing shall advance your Prerogative and Power above the known Laws and Liberties of the Land forfeit all his Ecclesiastical preferments ipso facto and be incapable ever after and for ever banished your Court. But above all learn to trust in your Judgment Plus aliis de te quà m tu tibi credere noli God hath enabled you to remember things past to observe things present and by comparing them together to conjecture things to come which are the three parts of Wisdom that will much honor and advantage you God keep your Majesty so prayes Your humble Subject THEOPH VERAX To his Excellency Sir THOMAS FAIRFAX and the ARMY under his Command MY Lord and Gentlemen I have here by way of Preparation laid open to your view those Vlcers which you have undertaken to cure viz. The 2 Factions in Parliament Authors of Schismes and Divisions in the two Houses from whence they are derived to the whole Kingdome to the obstructing of justice and of the establishment of our Laws Rights Liberties and Peace the enslaving of the Parliament it self and the dilapidating of the Publick Treasure whereby the whole Kingdom may be enfranchised secured and united and the King and his Posterity setled in His due Rights which is the sum of all your undertakings in your many reiterated Papers I confess a Herculean labour and far beyond his clensing of the Augaean Stable That was performed by an Arm of flesh this cannot be effected without an extraordinary calling for ordinary calling thereto you have none and God seldome blesseth a man out of his calling and though an heroick heat and zeal may go far yet it will tire many miles on this side the work unless it be blown and inspired with divine breath And as Alchymists say of the Philosophers Stone so I of this work which is the Philosophers Stone in our English Politicks it cannot be effected but by a man of wonderfull and unspotted Integrity and Innocency free from all Fraud Self-seeking and Partiality In order to this great work you have already begun to sift and winnow the House of commons by charging 11 Presbyterian Grandees who if they be proved guilty must needs have their counterpanes equally faulty even to a syllable in the opposite Junto of Independents for when two factions shall conspire to toss keep up the golden ball of Government Profit Preferment between them neither can be innocent unless therefore you apply your corrosive to one Vlcer as well as the other you will never work a compleat cure nor will be free from scandal and appearance of faction or design that I may use your own words to weaken onely one party under the notion of unjust or oppressive that you may advance another more than your own Representation p. 6. sect 2. Besides it is observed that you speak but coldly to have the publick accounts of the Kingdom Stated putting it off with a wish only as if you did secretly fear what the Presbyterians openly say That the Independents are guilty of more Millions than their party your own words are p. 14. sect 7. We could wish the Kingdom might both be righted publickly satisfied in point of Accounts for the vast sums that have been Leavied as also for many other things c. But we are loath to press any thing that may lengthen dispute Are so many Millions to be cursorily passed over without dispute were they not the
the Law to a Committee of Parliament such as have gone beyond the Authority given by Parliament and sequestred men unjustly and so withheld their goods under pretence thereof and such as have leavied Taxes three or four times over are quit from private actions and the benefit of Law and Justice taken from the oppressed to secure Country Committees Sequestrators and others not Prerogative but Legislative Thieves contrary to Magna Charta which says nulli negabimus nulli differemus justitiam aut rectum We will deny nor defer justice and right to no man Oh prodigious acts and of greater Tyranny than any King ever durst adventure upon What is become of our National Covenant and the Parliaments many Declarations for defence of Laws and Liberty Or have we fought our Liberty into slavery By these devices the honest middle men of the House whose Consciences will not let them joyn in any faction to rend the Commonwealth in sunder are out of all possibility of repair and made contemptible as well by their own wants as the pride of the Grandees and in the end their poverty will enforce them to leave the sole possession of the House to these thriving Junto men who do beleaguer them therein making them for farther addition to their losses pay all taxes from which the thriving men go free so that the poorer part of the House pays tribute to the richer Nay it is farther whispered that at last the Junto men will quit the Parliament Privilege of not being sued purposely to leave these younger Brothers to the mercy of their creditors and disable them to sit in their House Another ambitious aym of those Junto men is their devise of referring all businesses of moment to Committees Committees of the Houses For the active speaking men by mutual agreement naming one another of every Committee or at least their confident Ministers do thereby fore-stall and intercept the businesses of the House and under colour of examining and preparing matters they report them to the House with what glosses additions detractions and advantages they please whereby the House judging according to their report oftentimes mis-judgeth and if it be a businesse they are willing to smother the Committees have infinite artifical delays to put it off and keep it from a hearing or at least from reporting By this means the remaining part of the House are but Cyphers to value and Suffragans to ratifie what is forejudged by the said Committees This usurpation of theirs is much helped by keeping the doors of their Committee-rooms shut and dispatching all affairs privately and in the dark whereas Justice delights in the light and ought to be as publick as the common air it being against its nature to be Chambered up and kept from the observation of eye and ear-witnesses And by their examining of men against themselves contrary to Magna Charta they much enlarge their power Parts of this project we may well call the Multiplicity of money-Committees as Goldsmiths-hall Haberdashers-hall Money Committees the Committee of the Kings Revenues Committee of the Army c. Where every mans profit and power is according to his cunning and conscience Hereby they draw a generall dependency after them for he that commands the money commands the men These Committee-men are so powerfull that they over-awe and over-power their fellow-Members contrary to the nature of a free-Paliament wherein the equality of the Members must maintain the freedom and integrity thereof and suppress factions The like may be said of such Members as in scorn of the self-denying Ordinances hold Offices by gift or connivence of the Parliament either openly in their own name Members holding Offices c. or secretly in the name of some friend Their offices inabling them to do courtesies and discourtesies And although there hath been a Committee appointed to certifie all pensions sequestrations offices imployments of advantage and profits conferred by the Parliament upon any their Members in which Committee Mr. Sands holdeth the chair yet is this meerly a formality to blind the eys of the World and fool the expectation of some losing Members who were then resolute to know who had already received satisfaction for their losses and how far they had out-run their fellow-Members therein Yet this Committee is now let fall no reports demanded of Mr. Sands and when any is to be made they are not unprovided of a means to make it fruitless by putting every particular to debate well knowing that no man will be willing to argue against the particular persons and merits of his fellow Members and thereby heap envy upon his own head besides the delay of a particular debate How frequently the Countrie Committees act contrary to the Laws of the Land Country Committees how they trample Magna Charta under their feet how boldly and avowedly they transgress all Orders and Ordinances of Parliament and break our Solemn League and Covenant how they ordinarily turn well-affected men out of their free-holds and goods imprison and beat their Persons without any known charge accuser or witnesse against them nay murther them as in the case of Doctor Rawleygh killed in prison at Welles by the Committees Marshal and the poor men murthered at Bridgwater whose bloods were shed like the blood of a dog and no real prosecution thereof how frequently they leavy one Taxe three or four times over and continue their leavies after the Ordinance expiâ—e How cruelly they raise the twentieth and fifth part upon the well-affected exercising an illegall arbitrary tyrannical power over their fellow Subjects far higher than ever Strafford or Canterbury durst advise the King to how ignorantly and unjustly they exercise a power to hear and determine or rather to determine without hearing or hear without understaâ—ding private controversies of Meum Tuum for debts trespasses nay Title and possession of Lands without either formality or knowledge of the Law not having wit manners nor breeding enough as being chosen for the greatest part out of the basest of the People for base ends to satisfie men with an outside or Complement of justice Insomuch that nothing is now more Common than an accusation without an accuser a sentence without a Judge and a condemnation without a hearing How they exclude all other Magistracy ingrossing to themselves the power of Sheriffs Justices of Peace Church-wardens c. in an Arbitrary way keeping Troops of Horse upon pay and free-quarter for their guards like the 30 Tyrants of Athens and if any man but speak of calling them to give an account they presently vote him a Delinquent and Sequester him If any man I say be so deaf as not to hear the loud universal out-crying of the people so great a stranger in our Israel as not to know these truths let him peruse M. Edward Kings discovery of the arbitrary actions of the Committee of Lincoln and the heads of Grievances of Glamorganshire printed 1647. where he may see these
things briefly Epitomized but to Historize them at large would require a volume as big as the Book of Martyrs These Committees are excellent spunges to suck mony from the people and to serve not only their own but also the Covetous Malicious Ambitious ends of those that raked them out of the dunghil for that imployment and do defend them in their oppressions who is so blind as not to see these men have their protectors the Daemones to whom they offer up part of their rapins to whom they sacrifice Occulta spolia plures de pace Triumphos If there be any intention to restore our Laws and Liberties and free us from Arbitrary Government it is fit these Committees and all associations be laid down having no enemy to associate against and that the old form of Government by Sheriffs Justices of the Peace c. be re-established and the Militia in each County setled as before in Lieutenants and deputy Lieutenants or in Commissioners The rather because the people are now generally of opinion They may as easily find Charity in Hell as Justice in any Committee and that the King hath taken down one Star-chamber and the Parliament hath set up a hundred Nor is it a small artifice to raise money by so many severall and confused Taxes Taxes Whereas one or two ways orderly used and well husbanded would have done the work 1. Royal Subsidie of 300000 l. 2. Pole money 3. The free Loans and Contributions upon the Publick Faith amounted to a vast incredible sum in money Plate Horse Arms c. 4. The Irish adventure for sale of Lands the first and second time 5. The Weekly meal 6. The City Loan after the rate of 50 Subsidies 7. The Assesment for bringing in the Scots 8. The five and twentith part 9. The Weekly Assesment for my Lord Generals Army 10. The Weekly or Monthly Assesment for Sir Thomas Fairfax Army 11. The Weekly Assesment for the Scotch Army 12. The Weekly Assesment for the British Army in Ireland 13. The Weekly Assesment for my Lo. of Manchesters Army 14. Free-quarter at least connived at by the State because the Souldiers having for a time subsistence that way are the less craving for their pay whereby their Arrears growing stale will at last either be frustrated by a tedious Committee of Accounts or forgotten in the mean time the Grand Committee of Accounts discount it out of the Commanders Arrears whereby the State saves it 15. The Kings Revenue 16. Sequestrations and Plunder by Committees which if well answered to the State would have carried on the work which thus I demonstrate One half of all the goods and Chattels and at least one half of the Lands Rents and Revenues of the Kingdom have been sequestred And who can imagin that one half of the profits and Goods of the Land will not maintain any Forces that can be kept and fed in England for the defence thereof 17. Excise upon all things this alone if well managed would maintain the War the Low-Countries make it almost their only support 18. Fortification-money c. By these several ways and Taxes about forty Millions in money and money-worth have been milked from the people and the Parliament as the Pope did once may call England Puteum inexhaustum yet it is almost drawn dry A vast Treasure and so excessive as nothing but a long peace could import and nothing but much fraud and many follies could dissipate and we ought not to wonder if it be accounted inter arcana novissimi imperii to be always making yet never finishing an account thereof And as they have artificially confounded the accounts by laying on multiplicity of Taxes Accounts so for the same reason they let the money run in so many muddy obscure chanels through so many Committees and Officers fingers both for collecting receiving issuing and paying it forth that it is impossible to make or ballance any Publick account thereof and at least one half thereof is known to be devoured by Committees and Officers and those that for lucre protect them By these means as they make many men partners with them in the publick spoyls so they much strengthen and increase their party whereby multitudo peccantium tollit poenam If these things were not purposely done 1. Our Taxes would be fewer in number Accounts again and more in effect 2. They would be put to run in one chanel under the fingering of fewer Harpies and perspicuous and true Entries made of all receipts and disbursments which would be publick to common view and examination The Exchequer way of accounts is the exactest antientest and best known way of account of England and most free from deceit which is almost confessed de facto when to make the Kings Revenue more obnoxious to their desires they took it out of the Exchequer way contrary to the fundamental Laws of the Land for both the Higher and Lower Exchequer are as antient and fundamental as any Court in England and put it under a Committee which as all other Committees do will render an account of their Stewardship at the latter day In the mean time divers of that Committee buy in old sleeping Pensions which they pay themselves from the first of their arrears yet other men that have disbursed money out of their purses for the Kings Service can receive no pay for any money laid forth before Michaelmas Term 1643. because forsooth then the Committee first took charge of the Revenue In the mean time the Kings Tenants and Debtors are deprived of the benefit of the Laws and Liberties of the subject which before they enjoyed all Debts and Moneys being now raised by the terrour of Pursuivants and Messengers whose Commissions are only to distrain and levy c. whereas formerly the Exchequer sent out legal Process and the Tenant or Debtor had liberty to plead to it in his own defence if he thought himself wronged but now New Lords new Laws and to countenance their doings the Committee have gotten an addition of some Lords to them 3. If there were fair play above board so many members of both Houses would not be ambitious of the trouble and clamour that attends Task masters Publicans and such sinners as sit at the receipt of Custome being no part of the business for which the Writ Summons or the people choose or trust them and whereby they are diverted from the business of the House but would leave that imployment to other men who not having the character and privilege of Parliament upon them will be lesse able to protect themselves and their agents from giving publick accounts of their receipts and disbursments and from putting affronts and delays upon the Committee of Accompts as it is well known some of them have done Lastly it is scandalous that the same men should be continued so long in their money-imployments because Diuturnitas solitudo carrumpunt Imperia and by long continuance and experience they
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
is never unfurnished with dormant Articles of Faith upon all emergent occasions 15. Supposititious Privileges of Parliament see The History sect 105 106. so the Grandees are never unprovided of dormant Privileges of Parliament which they call by a new canting word lex Parliamenti in opposition to lex Terrae with these they boulster out their designs These Privileges were much insisted on in their Impeachments of the Members and Aldermen and whosoever pleads against them in his own defence and flies from those Privileges to the known Laws for Sanctuary is cried out upon for overthrowing the Jurisdiction and Privileges of Parliament and therefore guilty of Malignancy thus John Lylburn suffers if he does not plead against them he laies his head on the block at the mercy of those mercilesse men This net caught many a Wood-cock until the said Aldermen and Sir John Maynard broke through it and spoiled the cock-road The Grandees of the Parliament and Army have so totally subverted our fundamental Government and Laws 16. The confusion this Monarchy is btought unto see The History sect 105 106. that they have neither Monarchy nor Common-wealth left non jam Respublica sed magnum latrocinium est we have not so much as a face and shadow of Government remaining we have a KING de jure but so wholly eclipsed and disabled to perform Acts of Government by his close imprisonment that for the present we have no King de facto and every man doth what seemeth good in his own eyes we have Magistrates Judges and Justices de facto but not being constituted and ordained by any lawfull Authority nor under any authentical Great Seal according to the Laws of the Land they are not Magistrates and Judges de Jure so that if we look upon the King our Supreme Governour our violent Grandees have brought an Inter-regnum upon us If upon our Magistrates Judges c. they have brought a Justitium a totall eclipse of Justice upon us It follows then that both the imperative and coercive power of the King and Magistrates the legislative power of the Parliament the judicative power of the Judges and Justices are all suspended and in Abeyance and like a Watch when the principal wheels are broken no part can move to perform its function Contzenius the Jesuit in his Pol saies He that will introduce a new Religion or a new form of Government must utterly abolish the old and erect his new Fabrick upon the ruines of it You see they have been apt Scholars in this doctrine of the Jesuite this 7 years which they have spent in Demolishing but what form of Government our Grandees wiâ—â— eâ—eâ—t upon the ruines they have made doth not yet appear nor how all just interests and mens particular Estates shall be preserved from being buried under the ruines of this earthquake 17. The Regal Legislative and Judicative power usurped The King is the only supreme Governour of this Realm of England to regulate and protect the people by commanding the Laws to be observed and executed and to this end He and He alone beareth not the Sword in vain yet the KING by himself can neither make repeal or alter any one Law without the concurrence of both Houses of Parliament the Legislative power residing in all three and not in any one or two of the three Estates without the third and therefore no one or two of them can exclude the other from having a Negative voice in passing repealing or changing of Laws nor can the King by himself or joyntly with the Lords and Commons judge what the Law is this is the office of the sworn Judges of the two Benches and Exchequer who are the known Expositors and Dispensers of Law and Justice in all causes brought before them yea they do declare by what Law the King governs thereby keeping the KING from governing arbitrarily and enslaving the People And these Judges of the Law have always been authorized by the King and all legal proceedings have been in his Name and by his Authority 1200 years before Magna Charta granted or any set form of Parliament established The Law it self is called the Kings Law the Realm the Kings Realm He is the fountain of justice mercy honour witnesse all our Statues Law-Books and Histories and the Oaths of Supremacy which every Member taketh before he sits in Parliament Now for any one man or any Assembly Court or Corporation of men be it the two Houses of Parliament to usurp these three powers 1. The Governing power 2. The Legislative power 3. And the Judicative power into themselves is to make themselves the highest Tyrants and the people the basest slaves in the world for to govern supremely by a Law made and interpreted by themselves according to their own pleasure what can be more boundlesse and arbitrary they may put to death whom they please for what cause they please and confiscate his estate to their own use yet this the two Houses of Parliament or rather an overpowring party in the two Houses seasoned with a Schismatical humour of singularity have lately done 1. For the Governing power 1. They coyn enhaunce and abate money 2. They make War and peace and continue an extraordinary Militia of an Army upon us 3. They declare who are Enemies to the Realm 4. They maintain forein negotiations 5. They regulate matter of Trade and exercise other Regalities whereas all Jura Regalia belong only to the King as Supreme Governour 2. For the Legislative power They exclude the King from his Negative Voice and the two Houses obtrude their Ordinances things so new that they are not pleadable in any Court of Justice as Laws upon the people laying an excise Assessements and Taxes upon the People They Vote and declare new-Treasons not known by the statute 25 Edw. 3. nor by any other known Law yea even to make or receive any addresse to or from the King and they account it a breach of Privilege if men do not believe it to be Treason being once declared They out men of their free-holds and imprison their Persons contrary to Magna Charta by Ordinances of Sequestration c. 3. For the Judicative power They erect infinite many of new Judicatories under them as their Committees of complaints of secret Examinations of Indempnities their Country Committees where businesses are examined heard and determined without nay against Magna Charta and the known Laws nay even in capital crimes they wave the Courts of Law and all Legal proceedings by Outlawry Indictment or Tryal by Peers and Bill of Attainder which is the only way of Tryal in Parliament For the Parliament cannot judicially determine any thing but by Act of Parliament and set up new-invented forms of proceeding before the Lords even against free Commoners although the Lords be not their Peers as in the case of the four Aldermen c. and the Arch-bishop of Canterbury They defend these doings by a pretended necessity
of their own making but when the King had neither Army nor Garrison in the Kingdom and thereby this necessity was removed why did they not to prevent Tumults Insurrections and a new war content the People and return all things into their old Chanel and restore to the people their Religion Laws and Liberties being their first principles for which they engaged them to spend their blood and treasure and for defence whereof they engaged themselves and us in a Covenant with Hands lifted up to the High God Why did they then provoke the Scots to a new War but that they might have occasion to keep up their Army still and inthrall the Kingdom look upon their Doctrine as well as their aforesaid practices and you will find that all they do is but to carry on a fore-laid design to lay by the King and enslave the People under the new erected Kingdom of the Saints the Grandees of Derby-house and the Army In the Declaration against the Scots Papers p. 67. They have adjudged the King unfit to Govern and p. 70. they say the power of the Militia was the principal cause of their War and quarrel with the King and in their Declaration against the King they say they cannot confide in Him It hath been commonly spoken in the House of Commons that the two Houses nay the House of Commons alone is the Supreme power of this Nation under God 16. Mach 1642. Both Houses Voted it a High Breach of Privilege of Parliament for any Person not excepting King or Judge to oppose their Commands or to deny that to be Law which the two Houses declared to be so In their Declaration against the Scots Papers p. 63. The Members say That in all matters either concerning Church or State we have no Judge upon Earth but themselves Who will account the Popes plenitude of power monstrous hereafter that shall observe this Doctrine and practice of Subjects in Parliaments claiming and exercising a Supreme Government whereof the Militia is a part a Legislative and Judicative power over the Consciences Lives Liberties and estates of their Fellow Subjects And all this under colour of a necessity raised by themselves out of a dispute they set on foot against the King which they have affirmatively adjudged and determine for themselves against Him without consulting the Laws Statues and usages of the Realm Nay the very Oaths of Supremacy and Allegiance which all with one voice speak against them Who would think that a faction in Parliament or any pest lesse than an Earth-quake or Deluge should in seven years time reduce so well-formed a Common-wealth into such a Chaos Yet even now the People are promised to be governed by the known Laws and Judges are appointed to determine sutes according to the Laws Surely There never was Tyrant that deprived his Vassals of a known Law amongst themselves this were to disable them to acquire wealth and so lose his own benefit of Taxes and Confiscations By the Laws of England a villain was protected in his goods against all men his Lord excepted The Turkish Vassals heap up much wealth and are protected against their fellow slaves though not against their Grand Seigneor who may seize their estates and take their lives at pleasure And this is all the protection the people of England have now by the Laws We have the benefit of Law one against another unless some Powerfull Member interpose but against the two Houses or either of them or any Grandee what Law what Justice can protect our lives liberties or estates and yet we were allowed heretofore to make our defence in Law against the King And until the King be again restored to his Right expect no better Right to be done you by this heedless head-strong Faction in Parliament The summe of all their endeavours is no more but this 18. The final scope of the Grandees endeavours The Grandees of Derby-house and the Army have already by their Votes of No Addresses and their scandalous Declaration laid by the King and in Him Monarchy notwithstanding they delay and fool the people with tedious debates of a Personall Treaty And when this innovation is digested by the people their next step will be to make use of the Schismatical Antimonarchical party in the House of Commons Army and City to cast off the House of Peers as Prerogative creatures and rags of Royalty some Schismatical Plebeian Lords excepted who shall recruit the Power they lose in the House of Lords by being of the Committee of Derby-house and when the people are well inured to this change and the grievance of it worn out by custom then to lay by the House of Commons and usurp the full Power of the King and Parliament into the Committee of safety at Derby-house who by way of preparation doe already stile themselves in all forein Negotiations The STATES Nay they doe already act all matters of moment at home and assume unto themselves all the properties of a State the Parliament being but a Sub-Committee to them upon whom they put what Impositions and Injunctions they please witnesse the design put upon the House of Commons for every Member to subscribe what number of Horse he would maintain for a Guard I know not whether to the Parliament or to the Committee of Derby-house This disease being now come to its Crisis 19. The Prognostick of this Disease it is no hard matter to pronosticat That nature that is the King our natural liege Lord must inevitably prevail at last against this Antimonarchical Faction for these reasons 1. The King can never want a Party the Parliament or rather Antimonarchical faction in Parliament can never manage a party without faction and confusion 2. The King may hushand his treasure to His best advantage the faction in Parliament cannot but must necessarily be cheated that they may be followed and befriended since only common crimes and common profit glues and cements them together and only such are found to be confiding men to them 3. The King is now discovered to every common capacity to have all the known Laws on His side the Parliament all known Laws against them and the people will no longer be governed without Law by new Arbitrary inventions 4. The King hath recovered all the peoples affections the Parliament hath lost them a privation which can never be reduced into habit again 5. The King is allyed both in Consanguinity of Blood and affinity of Cause with all the Princes of Christendom the faction in Parliament are terrae filii faterculi Gigantum Mushromes 6. The Kings Army will obey Him and His Interest the Parliaments Army will command them and their Interests besides they are men of different Principles and Interests only held together by profit and when that fails they fall in sunder Nothing therefore but a free Personal Treaty in London can prevent a Conquest whatsoever desperate forlorn people say to the contrary The Epilogue I Am not Ignorant
namely the Marquess of Argyle whose dealing with his Kindred Friends and Confederates mentioned in the following discourse will be a warning to all religious Protestants how they trust such an Apostate Covenanter whose ambition and avarice hath ruined the KING Church and State or three flourishing Kingdoms Although it may seem a paradox to many I dare boldly aver that Argile and his Faction in Scotland have been and are the chief Malignants Incendiaries and evil Instruments who have been the Ruiners of these three flourishing Kingdoms and the Authors of the blood shed in all of them as I hope by this following Discourse will be made appear to every impartial and unprejudicate Reader who hath or may have the certain knowledge of every particular when time shall serve This Argile's Father after the Marriage of his English Lady having turned Roman Catholique and this his only Son by his first Lady being carefully educated by the Earl of Morton by whose means he obtained the possession of his Fathers whole Estate for a small Pension and by His Majesties special favour for out-quitting his pretended Title of Justice General of the Kingdom of Scotland did obtain an Heritable Justiciary of Argile Lorn Kintyre and many of the Western Isles which power he did execute with that cruelty that he disgusted all the Islanders and Highlands of Scotland who were never so tyrannized over by any of their Kings till his Fathers death still fearing his return he kept himself somewhat moderate for the engaging for the Covenant or keeping company sometimes with those that were against it but his Father being dead finding himself idolized by those who had taken the managing of all affairs into their hands and that by his power and policy he could prevail with them in any thing to indear himself the more to that party he did seem exceeding zealous for the Covenant and pretending great fears from Ireland which the then Lord Deputy Strafford his Greatnesse and known aversenesse from the Covenant did make the more easily to be beleeved whereas the true cause of his fears was for the loss of Kintyre whereof he cosened his Brother long before his death Isla and divers considerable Isles which were and ought to be the possessions of the Mackdonalds and his indiscreet provoking of Strafford who in revenge of him did use very hardly all the Scots in Ireland who would not renounce the National Covenant of Scotland he dis-arming them did Arm and Train many Irish who after his Head was off shed so much bloud in Ireland and upon pretence of divers of the Mackdonalds Argile's own Tenants for the time were accessary to the Plot fearing his Judiciary power where he was both Judge and Party they were inforced to flie to Ireland till their peace should be made to prevent which he sent their Wives and Children after them took possession of all their moveables and placed other Tenants in their Room but being grieved that Culkettough and his Sons who had goodly Possessions were not gone with the rest he caused cite them before the Council as accessary to an Invasion to be made by Antrum and some of their friends which citation as legal men and not guilty in the least they did obey and after some dayes stay in Edinburgh taking their walk daily before Argile's door they did humbly intreat his Secretary to plead for them that they might have a speedy hearing since they were weary of their attendance which the Secretary acquanting the Lord Argile returned them this Answer That since they had testifyed their obedience by their appearance they might go home and he have themselves civilly not medling with their Rebellious friends as he was pleased to term them and be ready upon any new citation they should be excused for that time they did humbly thank his Lordship and his Secretary for this courtesie and did presently depart from Edinburgh towards their home whereof my Lord by his Spies upon them having notice did immediately convene the Council and whereas in many dayes before during their stay in Town they could not be heard that day they were first Called and upon their not Answering my Lord aggravating their Accusation by their departure occasioned by his own and his Secretaries contriving procures a Warrant to make them prisoners till they should be Tried and to seize upon their Estates which out of his zeal to the Covenant God knows he did carefully perform and made Culkettough and his two Sons Prisoners before they were half way at home which Alexander Macdonald afterwards Sir Alexander Macdonald being fled to Ireland having no valuable possession to look to at home did associate himself with the Irish in the beginning of their Rebellion but so soon as the Scots Army came over he did apply himself to them assuring them that he would do them faithfull service against the Irish Rebels if they would release his old Father and his two Brethren unjustly detained prisoners or bring them to Legal Trial whereof having assurance given him he brought with him two hundred gallant men of his friends and did more execution upon the Irish than half of the Scots Army their horse being not able to follow through Bogs and their Foot not so swift as the Irish and did in one morning bring in six or seven thousand Cowes to the Scots Camp the like booty they did never take at any one time before or since for which good service the General did of new ingage for his Father and Brethrens releasment but when the Committee of Estates had consented Argile did reverse all and frustrate the Generals promise which Alexander Macdonald perceiving said no more but well I will yet cause my faithful service procure my Fathers inlargement and did continue without pay or hope of pay saving a very spare allowance of quarters until Argile sent over and caused him to be discharged of all quarters to the grief of all the Scots Officers who did wel know what faithful service he had done and was able to do them so that meer necessity did inforce him to make his peace with the Irish by whose help he did come over into Scotland meerly to be revenged on Argile and to relieve his Father hoping the Estates of Scotland would not blame him for suing the performance of what their General had promised unto him intending no more til Montrosse out of his desire to be revenged on Argile did enforce Alexander Macdonald to joyn his Majesties Interest as Montrosse pretended with the said Macdonald hoping he would find as indeed he did a great many discontented persons to joyn with them all which or the most considerable were parties and persons wronged oppressed and ruined by Argile as chiefly besides the forementioned Islanders and these Highlands that were under his lash the Atholl men twice or thrice plundered by him Montrosse himself provoked by many wel-known injuries which no Noble heart could endure as the death of Mr. James Stewart who
that you may take a short view of his proceedings as you have done of Argile's by comparing them you will find who doth deserve the Title of the most Religious Duke Hamilton suffered his worthy Mother to enjoy besides her own Joynture all his Estate whereby indeed he lost nothing she improving it much to his advantage hath helpt his Brother to a great estate with Titles and Places of Honour and profit suitable to his birth and worth his Sisters and now some of his Neices matched in the Noblest and best Families of the Kingdom 1. Whereas Argile did in his Fathers life time bring him to a Pension outed his Brother of his Estate Kintyre and ruined his Sisters by cheating them of their portions and so enforcing them to go to Cloysters The Duke had no quarrel with any save Montrosse the ground you heard for crossing his first intention for the Invasion of Scotland to prevent the misery and bloudshed that he did foresee was like to follow 2. Argile for private quarrels betwixt him and Montrosse Culkettough and the Athol men the Earl of Airely and other hath drawn much misery and bloudshed upon the Kingdom whom he enforced to espouse his quarrels The Duke had no spoyls nor gifts given him since ever he signed the Covenant save the Title of DVKE but hath been spoyled both himself and friends by those that followed Montrosse 3. Argile had enrich'd his Country with the spoyls of the Kingdom and himself with the great treasure bestowed on him both by Scotland and England which is well secured without the reach of an Impeachment The Duke stands firm to his Covenant for the established religion loyal to his Prince for Monarchical Government faithfull to his Country against all forein Invasion 4. Argile hath contrary to his Covenant Duty and Allegiance conspired to extirpate Monarchical Government to introduce forein forces of Sectaries to the utter overthrow of the established Religion The Duke acts nothing but according to the Laws established according to the Covenant and the duty of every good Subject 5. Argile hath overthrown all Laws tyrannizing over the Lives Liberties and Estates of the Subjects Duke Hamilton hath been of that temper to mediate for a wel-grounded Peace his Majesties deliverance and the Personal Treaty being the only probable waies for setling the three Kingdoms and setling the power where it ought to be for the Honour and safety both of King and Subjects 6. Argile opposeth all wayes of the Peace settlement of the three Kingdoms His Majesties deliverance and being brought to a Personal Treaty lest the power should be taken out of his and his Confederates hands whereby they oppress and ruine both King and Subject The Duke hath used and is using all endeavours to Vindicate the oppressed Subjects in both Kingdoms never changing Interests being alwaies faithfull to all those to whom he did profess love and friendship 7. Lastly Argile hath betrayed his old friends the Presbyterian party in both Kingdoms especially the Presbyterians in the Parliament of England and City of London not only suffering them to be made a prey to their enemies but obstructing their relief Let the impartial Reader now judge which of the two is most religious As this opposition betwixt Duke Hamilton and Argile makes them both to appear what they are so this following Parallel betwixt the Argathelian Faction and the Independent Junto will serve for an eye-salve to cure the eye-sight of both Kingdoms and let them see clearly how near they are to the brink of an intolerable and perpetual slavery Argile and his Faction stiled by the Independents the Godly party in Scotland the rest all Malignants 1. The Army of Sectaries in England however formerly Preached and wrote against now called by Argile's faction the hope of their safety The like in England by the Army of Sectaries and Independent Junto above twenty millions shared amongst them whereof the Kingdom can never get accompt all places of Honour and Trust of England still in the hands of those that are engaged for and with the Army of Sectaries 2. The heavy Taxes imposed and continued upon Scotland by Argile and his Faction and all the benefit thereof and most part of the monies got from England shared amongst them and no satisfactory accompt given to the Kingdom thereof Cromwell and the army for the King in their first ingagements but having inslaved the City inforced the Parliament to the dethroning Votes and as not formerly acquainted therewith gave thanks for them and sent their Emissaries to some seduced Counties and Corporations to do the like 3. All places of Honour and trust usurped by Argathelians till of late and the Army modelled to maintnin their Interest 4. Argile formerly yet but seemingly for Monarchy now really against it and all that desire to assert it Cromwell contributes a Passe to His Guides slacking the guards as he did the second time when he frighted him with a Plot from Hampton-Court to the Isle of Wight where he remains close Prisoner 5. That Faction first betrays the King to come to the Scots Army promising protection and then most persidiously delivered Him up to the mercy of His most cruel Enemies The blood shed in England under colour of justice in cold blood calls aloud for vengeance and the persidious breaches of the Army of their promises to King Parliament and Country is too too evident 6. Argile and his Faction have been most cruel to those they call their Enemies especially in cold bloud and perfidious to their friends deserting and betraying them What the insolent Army did comming with Bayes in their hats when they inslaved the Parliament and riding in triumph through the City by whose bounty they were made and maintained an Army will to their perpetual infamy be registred to all posterity 7. Argile when he had done mischief must have both thanks and reward and like a Conquerour march through the Kingdom in triumph a thing never granted amongst the noble Romans to triumph for a Victory in a Civil War The Army and some others by their instigation petition that the Kingdome may be setled without the King and that Army continued to eâ—slave the Kingdom especially the Presbyterian party their Army being for Toleration 8. Argile's Faction petitions That the Army intended for His Majesties inlargement and the relief of our Presbyterian Brethren shall not come in Cromwell was ready to comply but got some other work for the time and if God prevent it not will now speedily be able to obey Argile's desires but if that fail Argile shall have money and send David Lesley to levy Forces abroad to work Argile's ends 9. Argile and his Faction desires but five thousand Horse to assist them to subdue Scotland which must be turned a Province to the Kingdom of the Saints Let this serve for a Caveat to the mis-led and deluded Protestants of the three Kingdomes not to trust the fair promises or pretences of these
Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands New Chains and the Hunting the Foxes from New-Market and Triplo heath to White-hall by five small Beagles p. 6 7. See my Animadversions upon the Army Remonstrance Nov. 20. 1648. and Putney Projects p. 43. and Major Huntingtons Relation in a Book called A Plea for King and Kingdome in Answer to the Army Remonst presented Novemb. 20. 1648. pag. 14 15 16. and Second part of Englands New Chaines and the said Hunting of the Foxes c And the Reasons inducing Major Robert Huntington to lay down his Commission though since they Quarrel with Parliament and City for using them and Reducers of his Queen and Children without which they openly profess and declare positively in many printed Papers to the world and the Parliament There can be no setled peace nor happiness to this Nation The truth of this Assertion was obvious to the meanest Capacities and will suddenly be proved by dear and lamentable experience To all these undertakings they now hunt directly counter yet in pursuance of these undertakings the Army by their own Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtain from his Parliament They treated with him yea they wrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to prefer the Proposals of the Army and then presuming they had him fast lymed they propounded to him anew as I have it from good hands private Proposals from the Interest of the Independent Grandees and the Army derogatory to the Kingly Power and Dignity to the Lawes Liberties and Properties of the Subject and destructive to Religion To which his Majesty giving an utter denial they began to entertain new Designs against the Kings Person and Kingly Government which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties to obtrude upon the Houses clamourous Petitions against further Treaties and demanding exemplary Justice against the King exceedingly laboured by Cromwel himself in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Dâ—cemb 11. 1648. was the most eminent these men that insolently petitioned against the fundamental Government of the Land and peace by Accommodation were entertained with Thanks Others that petitioned for Peace by Accommodation were entertained with Frowns disfranchisings sequestrations wounds and death as the Surrey Gentlemen this shewed with how little reality the over-ruling party in the Houses Treated with the King 2. part of Englands Chains discovered 1. â—reaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of Wight 2. The Parliament that is the predominant Party pursued him thither with offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he pass 4. Dethroning Bils of so high a nature that he had enslaved the People subverted Parliaments and had made himself but the Statue of a King and no good Christian had he by his Royal assent passed them into Acts of Parliament 1. par Hist Inâ— sect 62 63 64. and the Parliamâ—nt or rather the Grandees after his Royal assent might have made themselves Masters of all the other Propositions without his Consent so that this Treaty was but a flourish to dazle the eyes of the world His Majesty therefore denied the 4. said Bils and thereby preserved the legal Interests of King Parliament and People yet the Faction presently took a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 67 68 69 70 71. 72 74. 75. And my said Animadvers p. 10. And the 2 part of Englands new Ch. by passing 4. Votes for no more Addresses to him and a Declaration against him which were not passed without many threats and more shew of force than stood with the nature of a Free Parliament the Army lying near the Town to back their Party the design having been laid before-hand between Sir Henry Vane Junior Sir John Evelyn of Wilts Nath. Fiennes Solicitor Saint Johns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators That there could be no peace nor happiness in England 2 part of Englands new Ch. discovered p. 4 5. without restoring the King to his just Rights and Prerogatives c. notwithstanding which the people now found their hopes that way deluded by the Army and their Party who had cast off the King upon private discontents the true grounds whereof did not appear and had obstructed all way s to Peace and Accommodation and made them dangerous and destructive to such as travelled peaceably in them witness the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of power and profit The minds of the people therefore troubled with apprehension that our old Lawes and laudable form of Government should be subverted and new obtruded by the power of the Sword suitable to the power and lust of these ambitious covetous men and finding besides evident symptomes of a new War approaching to consume that small Remainder which the last Wars had left grew so impotient of what they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martial Law Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the will and pleasure of ths Grandees instead of our setled and well approved Laws that despair thrust them headlong into Arms in Wales Kent Essex Pontefract c. and at the same time a cloud arising in Ireland a storm powred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave way to a second mock-Treaty in the Isle of Wight 2. Treaty in the Isle of Wight which was the fruit of their cowardise and subtilty as appeares by Sergeant Nicholas a Creature of theirs who upon Saturday Octob. 28. 1648. moved in the House That the Lord Goring might be proceeded against as a new Delinquent out of mercy because he had Cudgelled them into a Treaty though now they attribute all to the Kings corrupt Party in the two Houses the Army likewise kept a mock-Fast or day of Humiliation at Windsor to acknowledge their sins and implore Gods mercy for their former disobedience to the Parliament in not Disbanding and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City August 6. 1647. promising more obedience hereafter and to acquiesce in the judgment of the Parliament and Declared Decl. Jun. 14. 1647. That it was proper for them to act in their own sphere as Souldiers and leave State affairs to the Parliament but this was done but to recover
a Corporation of Tyrants suspect an opposition from the Levellers and would faine turn them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee strain courtesie with their Betters and would have them go first thinking the seeds of liberty and equality will prosper better in the soyle and aire of England While they were disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of Wight during the Treaty the King had recovered that Kingdom intirely to himself which had bin of great advantage to him The 20. Novemb. 1648. Col. Ewers with seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscal things An humble Remonstrance of the Army It is founded upon these five Anarchical Principles 1. That themselves and their faction only whom they call exclusively the Well-affected Godly Honest Party the Saints are the People of England all the rest but Philistines Amorites or at the best but Gibeonites 2. That their Interest only is the publick Interest of the People 3. That the People that is themselves are the only competent Judges of the peoples safety contrary to the Lawes and Practice of all Nations which bestow that Prerogative only upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrates armed with Supreme Authority as well as with their Swords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies which they Remonstrate admitted they shall make such appeal to God that is their Sword as formerly they have done 4. Principle is consequential to the 3. That they may drive on their designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes whatsoever under colour of the much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Law which hath been the fruitful Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons who usually fish in troubled waters to attaine to those ends which they could never arrive at in setled Governments This is a Principle or new light discovered by Major Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imploy as much in this Remonstrance p. 45. saying It cannot be safe to accommodate with the King because if He returne and this Parliament continue long and unlimited He will make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his owne out of Question and therefore we dare not trust the King amongst them Againe they say That if the King come into the Parliament He will be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army will be looked upon as Oppressors and the jealousies and discontents of the People be increased against them and make them apt to joyne issue with the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these words and their owne practice I concluded for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchical Government and Law of the Land to murder the KING as they have since done Againe they say If the King were returned each Party would strive first and most to comply with Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold what use these cowardly Saints make of necessity and self-preservation 5. That they may appeale to their Sword against the Authority of any their Governours in order to publique safety which two last conclusions set the door wide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellow is apt to raise them into a storme against their Governours for their fabulous assertions wherewith these Saints usually guild over their foule actions 1. That the Houses were free when they passed the 4. Votes for Non-Addresses 2. That they were not free when they recalled them 3. That the People were quiet and contented untill the recalling those 4. Votes and afterwards were unsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered himself to them 5. That when they made Addresses to Him it was but to prevent the Presbyterian Party But it appeares their ayme from the beginning was to suppresse the Presbyterian and advance their owne Party and lay by the King and domineer over Him and the Kingdome for when Cromwel had brought his Designe to perfection he said at Kingston That he was as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65.66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of two sorts all founded upon the said five Antimonarchical Principles The first for satisfying publique Justice that is for the Hang-man to teach the Judges who they shall sentence to execution 1. They demand the Person of the King may be brought to speedy Justice this affront they put upon the Parliament when they were neer conclusion of their Treaty with Him when He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamental Government and Lawes of this Land and consequently the Liberty and Property of the People their Deaths-wound By the Law of God nature reason and the Lawes of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oaths of Allegiance Supremacy Stat. of Recognition 1 Jac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edw. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec. p. 72 73 74 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no power to hurt the Kings Prerogative much
lesse I think to hurt his Person the Lawes are the Kings Lawes Courts the Kings Courts Judges his Judges Great Seale his Seale Writs the Kings Writs the Justice and Peace of the Land are his consequently the Warrs his Warrs he is the fountain of all Authority as well as of all Honour * 1 Pet. â— 13 Hâ—â—e the King is called Supâ—eâ—e not the People and thoâ—gh said to be an ordinance of man in some respects yet St. Paul Râ—m 13. saith He is ordain'd of God 2. Governours are distinguished the King is supreme and Governors are sent by him and his Commission Besides it appears Gen. 3.16 and 4.7 God gave not to all men that freedom which is supposed the foundation of supremacie in the people He made them not Masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of whom the Commonalty consists and each individual nor the whole Commonaâ—ty can give him more power then himself hath But no man hath power over his own life neither arbitrarily nor judicially but onâ—y over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with their liberty and subjected to him and then God who only hath power of life and death invests the King with power to be the Minister of God to execâ—te vengeance not bearing the Sword in vain Rom. 13. See Dr. Hammonds Letter to the L. Fairfax Jan. 5. 1648. Thou shalt not speak ill of the Governour of the People therefore not accuse him The King hath no Superiour nor equal in England contrary to that false distinction of the Observator that he is Major singulis minor universis When David would have gone forth to Battel his Army disswaded it using these reasons If we flee they will not care for us nâ—ither if halfe of us die will they care for us But thou art worth ten thousand of us Here you see the King is reckoned major universis more than all his Army and yet that Army was at that time in effect all the well-affected of the Land and therefore by the Anarchical Principle aforesaid the only People of the Laâ—d for further proof hereof I appeal to all our Laws and Statutes how will they Try him Who shall Judge him who are his Peers that he may be Legally Tryed like a Freeborn man for sure they cannot deny him that right according to Magna Charta per legale judicium parium suorum It is a grounded Maxime in our Lawes The King can do no wrong wherefore then will they Try him for doing no wrong The policy and civility therefore of our Lawes and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency always accused his Evil Counsellours and Ministers and freed Himself lest they gave advantages to ambitious men Absalom-like to scandalize and dishonour him and render him low and vile in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land Saint Peter bids us Submit to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse will according to their 4th Antimonarchical Principle make the giddy ignorant tumultuous many-headed multitude Judges of their King and make the confused Rabble his Superiours thereby setting up two Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lawes and leave all to the power of the Sword in an Arbitrary way to carry on their designe to which purpose they have lately caused their Journey-men the present House of Commons to Vote contrary to our knowne Lawes That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchical Principle of the Army and their Party who wanting reason to prove it assert it by the Authority of their Mock-Parliament and must now make it good by the Sword to justifie their proceedings against the King and People These popular principles are meer empty notions whereby the Grandees draw the Supreme Authority thorow the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in the enjoying the fruits of their labours their goods possessions estates and their personal liberty according to the knowne Lawes of the Land When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that which was not their due to rob them of that which was their due their Horses Goods Money plundred from them for service of the State forsooth and beat them that defended their owne so that while he flattered them to be the Supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a few covetous ambitious men that desire to bring the King to capital punishment and subvert our fundamental Government and Lawes that have usurped the power of the Kingdome into the hands of their Faction and now require this to keep themselves from being called to account The second Demand tends to disinherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquit themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome thâ—s Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and will This is to shut the door after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their owne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the new erected Committee of State the hogen mogens at White-hall Thus you see having removed
Garriâ—ons White-hall and the Mewes upon hâ—s owne head as if he meant to keep out the King in defiance of the Treaty he brought to Towne with him foure Foot Regiments and six Regiments of Horse part whereof quartered at White-Hall the rest in Yorke House and other great Houses the Horse turned the Reformado Horse Guards that attended the Houses and lodged in the Mewes by their order out of their Quarters without applying themselves to the Houses Upon Monday Decemb. 4. 21. Tâ—e House inform'd that the King was surprized by the Army and caâ—â—ied Prisoner to Harst Castle News came to the House that by severall Orders from the Generall His Majesty was seized in His Bed-chamber and hurried away Prisoner to Hurst Castle a Block-house out of the Isle of Wight standing about a mile and a half in the Sea upon a Beache full of mud and stinking oaze upon low tydes having no fresh-water within two or three miles of it bitter cold and of a foggy and pestilent ayre so noysome that the Guards thereof are not able to endure it long without shifting their Quarter This was a torment beyond Pistoll and Poyson many spake against the insolency of this fact as being committed against the life of the King and against the honour and publique faith of the Parliament who had Voted He should Treat in Honour Freedome and Safety in Newport in the Isle of Wight and had accepted His Royall Word not to withdraw out of the Island during the Treaty nor in 20. daies after which were not yet expired and now to have the Houses debates and results fore-stalled and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King was a presumtuous and rebellious act It was moved therefore that it might be Declared That his Majesty was removed out of the Isle of Wight by his Excellencies Warrant without the consent or privity of the House But those Members that Idolize that Bell and the Dragon the Army and are but Priests fatting themselves upon the Sacrifices of that Image insisted upon it to have two words amended in the Question 1. The word Declare would be construed to be a Declaring against the General and Army 2. The word Consent to be left out lest it argued a disagreement in opinion and practice between the Army and the House as if the Houses dissented from it And certainly those Gentlemen that stood upon these niceties could not say it was done with their consent for it was hatched in the Junto so it was barely voted To be done without privity of the House neverthelesse 22. The Dâ—bate upon thâ— Kingâ— Answers resumed The same day they resolved to resume their last Saturdaies debate upon the Kings Answers to the Propositions of both Houses The first Question debated was Whether they were satisfactory or no The Army Party argued They were not satisfactory because the King had not granted all their Propositions in Terminis To this was Answered That these Propositions were not sent to his Majestie as Bills to be passed in Terminis without debate but as Propositions to be Personally Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove now it is against the nature of all Treaties Personall to tie up the Parties of either side so precisely that they shall have no liberty to vary in any circumstance or particular so that if all be not precisely granted the Condescentions shall not be satisfactory though all just things are yeilded to as appeares by all Treaties between Nation and Nation where their first demands are never fully granted but alwaies qualified and limited if not diminished the rule being Iniquum pitas ut justum feras so in all Treaties between Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. where to avoid cavils he waves this equivocall Question and propounds the Question anew in these termes Whether the Kings finall Answers to the Propositions of both Houses in this Treaty considered altogether be not so full and satisfactory in themselves that this House may and ought accept of and proceed upon them for the speedy setlement of a safe and wel-grounded Peace both in Church and Common-wealth rather than reject them as unsatisfactory and so hazard the losse of all and the perpetuating of our Wars and miseries This he held in the Affirmative with so many strong and solid Reasons Arguments and Presidents both out of Divinity Law History and policy and with so cleare a confutation of the opposite Arguments that no man took up the Bucklers against him to refute him the Arguments are too many and too long to be here repeated Nor doe I love to abridge that which hath little or nothing in it superfluous or to make that short-lined by epitomizing it such is the lazinesse of men to preferre Epitomies before Large works which I desire should be long-lined and passe through many hands This Debate lasted until Tuesday morning 5. Decemb. eight of the clock the Independents hopeing to tyre out and fright away the moderate men and then it was Resolved upon the Question notwithstanding the terrors and menaces of the Army That the Answers of the King to the Proposition of both Houses are a ground for the Houses to proceed upon for the settlement of the peace of the Kingdome It was carried affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe was carried cleerly Affirmative without dividing the House presently after this House appointed a Committee of 6. Members to attend the General to conferre with him and his Officers and keep a good correspondency between the House and the Army who had so much surly pride and so little manners as to give them leave to take a nap of three or four houres long after their nights watching before admittance and at last dismissed them with this churlish Answer That the way to correspond was to comply with the Armies Remonstrance The House adjourned until VVednesday following VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in s curing and secluding their Members The Saints militant being enraged that the House had recovered so much courage and honesty as to Vote according to their Consciences and neglect their wild Remonstrance and threatning Declaration after some private conference in the morning between Pride Hewson and other Officers and the Speaker in Westminster-hall with the dores shut they sent to the House of Commons a Paper requiring that the impeached Members and M. G. Browne who they belied to have called in Hamilton might be secured and brought to justice and that the 90. and odde Members who refused to Vote against the late Scotish Engagement and all that Voted for recalling the 4. Votes for Non-Addresses and Voted for a Treaty and concurred in Yesterdaies Vote That the Kings concessions were a ground for the Hâ—â—se to proceed to a
strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedom ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcille seclusion from the House and the continuance of the Armies force upon it are no way obligatorie but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparallel'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedom of Parliament and Disturbers of the pace and settlement of the Kingdom and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemn Covenant and dutie under paine of deepest perjurie and eternall infamie are obliged unanimouslie to oppose and endeavour to their utmost power to bring them to exemplarie and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Government and Laws of this Realm All which we held it our duties to declare and publish to the world for fear our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guiltie of betraying the Priviledges Freedom and Honour of this Parliament to our perpatuall reproach and the prejudice of all succeeding Parliaments Dated at Westminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons pass and print a Declaration against the said Declaration The said solemn Protestation of the secured Members being complained of was sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it with Authority instead of Reason both Houses passed this following declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament taking into their consideration a printed Paper entituled A solemn Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and proceedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House The present visible Government is the Power of the Sword in the hands of Rebels The fundamental Government of this Kingdom is destroyed by the Faction remaining in the House of Commons by their Acts For abolishing Kingly Government The House of Peers their putting down Trials by Jury of 12. men and setting up illegal High Courts of Justice their usurping the Supream Authority their mâ—kâ—ng Treason an Arbitrary crime their erecting a Councel of State oâ— Hogens mogens forty Tyrants in lieu of one King their altering the stile of Writs and Legal Proceedings c. Sentence given before any person accused or heard to speak for himself Oh the brutish understanding of men whose sins and fears have intoxicated their wits and the continuance of the Armies force upon it are no way obligatory but void and null to all intents and purposes The said Lords and Commons do thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamental Government of this Kingdome And do therefore order and ordain the said printed Paper to be suppressed and that all persons whatsoever that have had any hand in or given consent unto the contriving framing printing or publishing thereof shall be adjudged and hereby are adjudged uncapable to bear any Office or have any place of trust or authoritie in this Kingdome or to sit as Members of either House of Parliament And do further order and ordain That every Member of either House respectively now absent upon his first coming to sit in that House whereof he is a Member for the manifestation of his innocencie shall disavow and disclaim his having anie hand in or given consent unto the contriving framing printing or publishing of the said paper or the matter therein contained The 12. and 13. Decemâ—er 28. The Conventicle of Commons repeat ex tempore in a thin House under a force the Votes deliberately passed in a full and free House the Commons that they might purge their Journal Books of all State-Heresies as well as their House of all State-Hereticks voted this Index expurgatorius which in their own canting language I here present to you 1. Resolved c. That the Vote of this House Jan. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionâ—l Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdom and is hereby repealed The like for the rest of the Impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House June 30. 1648. whereby this House did concur with the Lords for opening of a way to the Treaty with His Majesty for a safe and well-grounded Peace That the Votes Jan. 3. 1647. forbidding all Addresses to be made to or from the King be taken off was highly dishonourable to the proceedings of Parliament and apparently destructive to the good of the kingdom sure they meant the kingdom of the Saints They likewise by four several Votes revived the said 4. Votes Jan. 3. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be bad in the Isle of Wight with the King in person by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court was highly dishonourable and apparently destructive to the good of the kingdome The House adjourned Good Boyes they can say their Lessons well and apace too when the Army whips them on they will shortly have a jubilee of play-days for their pains 40 or 50 new Lights snuffed by the Councel of War can better discover what is dishonourable and apparently destructive to their own kingdom then 340. or 244 could do at other times If you ask what Debates they had they could have none being now freed from the contradiction of sinners being all Birds of a feather taught the same tune by the same Masters and singing in the same cage 29. A Protest to be entred against the Votes That the Kings Grants were a ground for a settlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes was not thought by those that think one thing and say another a sufficient Test all were confidently for them that voted with them wherefore godly John Gourdon a Fellow that spits venome as naturally as a Toad moved That
we could enjoy nothing but as the will of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon far better grounds as being farre the more numerous and standing for defence of those ancient Lawes which do constitute the People and Common-wealth of England which will breed infinite confusions and divisions and what those that call themselves the People now agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Trial hath been made by the present knowne legal power of England whether those inconveniences may not be removed without subverting the present Government and introducing so totall a change as will be very dangerous and grievous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. we are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments which this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the People of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as wel as the Kings Party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Laws and Taxes imposed upon them by Subscribers who are the least and the least considerable party of the Kingdome and upon whom they conferre no trust which is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knowne Maxime in Law Quod omnes tangit ab omnibus tractaeni debet what concernes all men must be debated and agreed to by all men either personally or representatively 5. It will raise factions and feuds between the Subscribers and Non-subscribers of the Parliament party 6. It takes away Magistracy and Government not onely by placing such a Supreme power over them as is disputable nay apparently illegal But by making the heady multitude the People supreme Judges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is with this salvo except such Representative shall expresly violate this Agreement which makes every man or number of men that shall get power into their hands Judges of it nor is there any other Judge designed and if there were who shall judge that Judge sic in infinitum the legal supreme Trust of all publique interests being taken away our vagabond thoughts wander in a circle not knowing where to repose our trust all Judges all Councels may erre but the rascal multitude are the very sinke of errors and corruptions If therefore the Supreme the Representative have so unstable an authority what shall the subordinate Magistrate acting under them have 7. It smels so much of the Jesuite that it tolerateth Popery in private Houses contrary to the knowne Lawes of the Land Popery like the old Serpent if it once get in the head will soon insinuate the whole body being so well backed by Potent Princes and Councels from beyond Sea And truly I know not what to say against Popery where Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the power of the civil Magistrate as in this Agreement 8. It will lose Ireland the managing of the Warre there being legally in this Parliament by Act passed not in this newfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for which the Parliament so often Declared Voted Protested and Covenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestowes the Cause upon the King as if He only from the beginning had fought for them which all men have reason to believe when they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament-Armies were Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity without which they are Thieves Rebels and Murderers 11. It demands that there be no Lawyers nor Lawes but new Rules in English to be made from time to time by the new Representative who are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to which justice shall be administred not by Mayors Sheriffs Justices of the peace Officers alwaies ready but by hundred Courts who are to supply the roome of all the Judges and Lawyers of the Kingdome and all this to lie in the brests of 12. Men in every Hundred of the Tribe of the Godly be sure who peradventure can neither write nor read nor have responsible Estates to satisfie wrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lawyers Ministers who will oppose it because it confounds and destroyes Religion and depriveth the Ministery of its lot Tythes stopping their mouthes with famine purposely to cast them off and generally all men of quality and discretion will withstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety who then are left to owne and subscribe it but desperate forlorne Persons who because they cannot bring their actions under the protection of our present Laws and Government will bring the Laws and Government to their own corrupt wills and interests and therefore will signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and their being no other Judges of their keeping it but the Subscribers who in the result of all hath the Law in their owne Wills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same which was subscribed by 9. Regiments of Horse and 7. of Foot and presented with a Petition to the House of Commons Novemb. 5. 1647 by the Agitators Gifforde the Jesuite being then in the Lobby with them and very active therein Upon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together with a Paper annexed intituled An Agreement of the people for present and future peace upon grounds of Common Right avowed How these Papers come now to be owned those that oppose them violenrly secured by the Army by the connivance at least of the dregs of the House now sitting
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch Scottish Colchester and other Prisoners imposed by way of Sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
they fell through pride and ambition as most conceive became the very foulest Devils in Hell so the most resplendent seeming hypocriticall Saints when they fall through the like sins and have power in their hands become the most incarnate Devils and Monsters of treachery and tyranny upon earth exceeding Turks and Pagans therein of which we have now sad experience in our Army-Saints who every day aggravate and yet justifie their impieties and exorbitances 2 Chron. 28.11 Now hear me therefore and deliver the Captives again which ye have taken Captives of your Brethren for the fierce wrath of God is upon you Will Pryn. 64. Another forg'd Letter endeavoured to be fastned upon Sheriff Brown The Saints having nothing to say against Major Gen. Brown unless they should accuse him for being true to King Parliament City and Kingdom and to all the first declared Principles of this Parliament fell to their old trick to fasten another counterfeit Letter upon him wherefore a Man coming to S. Jame's where he was then imprisoned desired in the hearing of all present to speak with him in private Major Gen. Brown told him He was not for private conference and bade him speak openly then the Fellow presented a Letter to him saying It was from the Prince but Major Gen. Brown remembring the like trick put upon him before called for the Guard to apprehend him when presently the Messenger threw the Letters into the fire and the Marshall catching them out halfe burnt affirmeth He saw Charles Prince written upon them Sanctified eyes may see through the spectacles of their own fantasie what they please to accomplish their Design and therefore they have a new principle or light which as the 7. May be added to the aforesaid 6. that though they have no proofs nor evidence against a man yet if in their consciences they think him guilty they may condemn him upon the testimony of their own consciences this is to condemn by Revelation such whose bloud they desire to suck This supposed Messenger from the Prince was seized by the Guard but no proceedings against him heard of which argues it was but a snare set to catch the Major About this time to second this device a man gallantly clothed and mounted comes to the Beare in the Strand 65. Another more general forgery to endanger whom the Faction please It will be proved that divers Witnesses have bin practised and tampered with against Mr. Brown and others gives the Hostler a Peece and bids him have a care of his Horse then goes into the City and the Plot being forelaid was taken there with Letters subscribed with the Princes name to divers Citizens and Members against whom they want matter of accusation I hear no more of this matter yet this is a device dormanâ— to be awakened hereafter if any shall oppose the present actings of the Army and their Parliament Cromwell Ireton and Hugh Peters have several times made it their errand to go into the City and visit the Ministers giving them threatning Admonitions not to preach any thing against the Actings of the Army and their Parliament 66. London-Ministers threatned See the Ministers of Londons Letter to the General called A serious Representation Dated Jan. 18. 1648. But Hugh acted his part above them all he took some Musketiers with him to the house of Mr. Calamy and knocking at the door a Maid asked whom he would speak with he told her with her Master she asked his name he replied Mr Hugh Peters the Maid going up the stairs to acquaint her Master who was above-stairs in conference with some Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the General to warne him to come before him Mr. Calamy leaving Peters vapouring and canting Religion and non-sense to the rest of the Divines slipt down staires and went to the General to know his pleasure telling him He had bin summoned before him by Hugh Peters the General said Peters was a Knave and had no such directions from him Since this 67. The C. of War consider how to shut up the Churches doors the Council of Warr finding it difficult to stop the Ministers mouths have sundry times debated How to shut up the Churches doors in the City for Reformation of the Church and propagation of the Gospel they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES and threaten to try him for his life in the Upper Bench forsooth which all the Lawes call the Kings Bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Câ—mmons for their concurrence Jan. 9. The Lords sate again and passed some Ordinances which they sent down to the Commons for their concurrence to feel their pulse wâ—ether they would vouchsafe to take so much notice of them the Commons laid them aside after some expresâ—ions of disdain 69. Sergeant Dandy proclaimeth the sitting of the new H Court of Justice This day Sergeant Dandie Sergeant at Arms to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder and some Officers attending him all bare and 6. Trumpeters on horsback before him Guards of Horse and Foot attending in both the Palace-yards the 6. Trumpeters sounded on horseback in the middle of the Hall and the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit tomorrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Great Seal voted to be broken This day the remainder of the House voted their Great Seal to be broken in order to the making of a new one justly putting the same affront upon their own Seal which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Junto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speak his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onelie under
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom 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 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess 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 bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War 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 Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War 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 by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
Jurisdiction of the Kingdome they have declared That it is notorious that the matter of the charge is true as it is in truth my Lord as cleare as crystall and as the Sun that shines at noone-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalf severall Witnesses to produce and therefore I do humbly pray and yet I do confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Justice and Judgement and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw Sir You have heard what is moved by the Councel on behalfe of the Kingdome against you you were told over and over againe That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did persist in such carriage as you have no manner of obedience nor did you acknowledge any authority in them nor the high Court that constituted this high Court of Justice Sir I must let you know from the Court that they are very sensible of these delaies of Yours and that they ought not being thus Authorized by the Supreme Court of England be thus trifled withall and that they might in Justice and according to the rules of Justice take advantage of these delayes and proceed to pronounce Judgment against you yet neverthelesse they are pleased to give direction and on their behalf I do require you That You make a positive Answer unto this charge that is against you in plaine Tearmes for Justice knowes no respect of Persons you are to give your positive and finall Answer in plaine English whether you be guilty or not guilty of these Treasons laid to your charge King When I was here Yesterday I did desire to speak for the Liberties of the people of England I was interrupted I desire to know yet whether I may speak freely or not Bradsh Sir You have had the resolution of the Court upon the like question the last day and you were told that having such a charge of so high a nature against you Your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your charge when you have once Answered you shall be heard at large make the best defence You can But Sir I must let you know from the Court as their commands That You are not to be permitted to Issue out into any other diâ—â—â—â—â—ses till such time as You have given a positive answer concerning the matter charg'd upon you King For the charge I value it not a Rush it is the Liberty of the people of England that I stand for for Me to acknowledge a new Court that I never heard of before I that am your KING that should be an example to all the people of England to uphold Justice to maintaine the old Lawes Indeed I do not know how to do it you spoke well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my people the same Obligation you spake of I do acknowledge to God that I owe to him and to My people to defend as much as in Me lies the antient Laws of the Kingdome therefore untill that I may know that this is not against the fundamentall Lawes of the Kingdome I can put in no particular Answer if you will give Me time I will shew you My Reasons and this here being interrupted the King said again Whether these breaches and interruptions were made by Bradshaw or whether they are omissions and expunctions of some material parts of the King's Speech which this licenced Pen man durst not let downe I Know not I hear much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes By your favour you ought not to interrupt Me How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publique Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty then I was hurried away and brought hither and therfore Bradsh Sir You must know the pleasure of the Court. King By your favour Sir Bradsh Nay Sir by your favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court the Court craves it not of You but once more they command You to give your positive Answer Clerke do your Duty King Duty Sir The Clerke reads Charles Stuart King of England You are accused in behalfe of the Commons of England of diverse high Crimes and Treasons which Charge hath been Read unto You The Court now requires You to give Your positive and finall Answer by way of confession or deniall of the Charge King Sir I say againe to you so that I may give satisfaction to the People of England of the clearnesse of My proceedings not by way of answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a New Court against their Priviledges to alter the fundamentall Lawes of the Kingdome Sir you must excuse me Bradsh Sir This is the third time that You have publiquely disavowed this Court and put an affront upon it how far You have preserved the priviledges of the people Your actions have spoken but truly Sir mens intentions ought to be known by their actions You have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerke Record the default and Gentlemen you that took charge of the Prisoner take Him back againe So the King went forth with His Guards and the Court adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England 83. The fourth and last dayes Triall of His Majesty Saturday 27. Jan. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes after him 67. Commissioners answered to their Names The King came in in His wonted posture with his Hat on a Company of Souldiers and Schismaticks placed about the Court to cry for Justice Judgement and Execution The people not daring to cry God blesse Him for fear of being againe beaten by the Souldiers Bradsh Gentlemen it is well knowne to all or most of you here present that the Prisonâ—r at the Bar hath been severall times convented and brought before this Court to make Answer to a charge of High Treason and other high crimes exhibited against Him in the Name
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denyed I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lye against the KING they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamental Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speak not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
weather-cock John Goodwin of Coleman-sireet the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed John Besides I hear that for some nights a-Guard of Souldiers was kept within His Chamber who with talking clinking of Pots opening and shutting of the door and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering and amazing Him with want of sleep they might the easier bring Him to their bent 28. January being the last Sabbath the King kept in this life 90. A Paper-book of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-book with promise of Life and some shadow of Regality as I hear if He subscribed it It contained many particulars destructive to the fundamental Government Religion Lawes Liberties and Property of the People One whereof was instanced to Me viz. That the King should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same General and Officers with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they think fit and to settle a very great Tax upon the people by a Land-Rate for an established Pay for the Army to be collected and levied by the Army themselves and a Court-Martial of an exorbitant extent and latitude His Majesty as I hear read some few of the propositions and throwing them aside told them He would rather becom a Sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Commonwealth and the Honour of his Crown to so intolerable a bondage of an Armed faction 91. The Sâ—ile and Title of Custodes libertatis Angliae voted to be used in legal proceedings in stead of the styâ—e of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madness in an Act for better setling proceedings in Courts of Justice according to the present Government Dated 17. Feb. 1648. Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Anthority of the same that in all Courts of Law Justice and Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Processe and Proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. in stead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Teste or Title Custodes libertatis Angliae authoritate Parliamenti shall be used and no other and the Date of the year of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Juratores pro Domino Rege they shall be Juratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publican All Judges Justices Ministers and Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custom to the contrary notwithstanding Another device to mortifie the King c. The King lay in White-hall Saturday the day of his Sentence and Sunday night so near the place appointed for the separation of his Soul and Body that He might heare every stroak the Workmen gave upon the Scaffold where they wrought all night this is a new device to mortifie him but it would not do Tuesday 30. Jan. 1648. was the day appointed for the Kings Death He came on Foot from Saint James's to White-hall that morning His Majesty coming upon the Scaffold made a Speech to the People which could only be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts near it and from their Pennes only we have our Informations His Majesties Speech upon the Scaffold and his Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see clearly that they began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdom Souldiers Rebelling against their Master or Sovereign though they prevail cannot claim by Conquest because their quarrel was perfidious base and sinful from the beginning But I must first show you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever finde was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrel that you have that makes it unjust in the end that was just in the Beginning But if it be only matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but only a National Synod freely called freely debating amongst themselves must settle
this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a Share in the Government that is nothing pertinent to them a Subject and a Soveraign are clean different things and therefore until you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See Sect. 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the Impudence to answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had his Head severed from his Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Pettyfoggers Braâ—shaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever do presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chief Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties 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 Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do 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 year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all 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 settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall 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 Laws
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm 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 Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own 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 Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm 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 Witnesses 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-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement 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 Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull down one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance 104. New Commissions for the Judges whereof six hold and six quit their places Instructions were given by the Commons for drawing new Commissions for the Judges according to the new Antimonarchical stile and way the new Great Seal being now ready a Committee of the House met the Judges about it whereof six agreed to hold upon a Provision to be made by Act of the House of Commons that the Fundamental Laws be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the Fundamental Laws This is but a Fig-leaf to cover their shame Those that held were Of the Kings Bench Mr. Justice Rolls and Judge Jerman of the Common Pleas Mr Justice S. John and Judge Pheasant of the Exchequer Chief Baron Wilde and Baron Yates those which quitted their places and kept their Consciences were Justice Bacon and Justice Brown Sir Tho. Beddenfield Justice Creswel Baron Treaver and Baron Atkins 103. Cyrencester elâ—ction But the Clerk of the Crown cert fied that between the Commitee of Elections and himself they could not find the Indentures of return the House therefore Ordered That they should sit and do service so they are Burgesses not returned but ordered to sit 8. Febr. The Election of the General and Col. Rich at Cyrencester which never durst see the light before after about 3. years lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerk of the Crown for whom they have not invented a new name yet ordered to mend the return of the Writ at the Bar. * 104. A Declaration That they will keep the Fundamental Laws lives why did they erect the High Court of Justice and do still continue Martial Law liberties why do they press Seamen then properties why do they levie illegal Taxes by Souldiers and continue illegal Sequestrations They likewise passed a Declaration to this purpose that they are fully resolved to maintain and shall and will uphold preserve and keep the Fundamental Laws of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the alterations concerning Kings and House of Lords already resolved in this present Parliament Munday February 12. The Commons appointed the Circuits for those Judges that held 105. The Judges Circuits appointed the Benches filled up and their Oaths altered and passed an Act for compleating the Judges of the several Courts filling up the rooms of those that held not with some alterations in their former Commissions and a new Oath to be given them to swear well and truly to serve the Common-wealth in the Office of a Justice of the Upper Bench which all our Laws call the Kings Bench or Common Pleas according to the best of their skill and cunning 106 A new Oath for the Freemen of London and other Coâ—porations The House passed an Act that the Oath under-written and no other be administred to every Freeman of the City of London at his admission and of all other Cities Burroughs and Towns Corporate YOu shall swear that you will be true and faithfull to the Common-wealth 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 repeâ—l the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statute 1. Eliz. 3. Jacob. 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 and secluded Members In opposition to these tyrannous destructive illegal and trayterous proceedings of 40. or 50. cheating Schismaticks sitting under the force and promoting the Interests 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 and illegall late Acts and proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. WE the secured and secluded Members of the late House of Commons taking into our sad and 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 Freedom and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdoms 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 Murthered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all forraine 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 Justice as they terme it though never any Court themselves to Arraigne and condemn His Majesty against the Lawes 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 and unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Jurisdiction 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 Laws of the Land and the liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges 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 and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices 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 Statute 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 Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as 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 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges 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 bloudy 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 Judges Justices 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 Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges 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 Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious 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 misdemeanours 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 not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper 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 ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 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 Councel 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 Judges of the Kings Courts Justices 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 Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales 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. Jacobi ch 1. and by all the Judges 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 blouds 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 fear 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 Councel 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 Realme and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse then High Treason and so declared and resolved by the last Parliament 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 and 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 then the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the work of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Judges Juries and Officers 113. Powers given to the Councel of State 14. Eebr 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 shall think fit 4. Power to fit 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 Oaths for both were reformed according to the Godly cut When the Committtee of State was nominated in the House 114. An expurgatory Oath put upon the Councel of State scrupled by some of the Members and moderated by Cromwell â—n opposition of the Levelâ—ers divers Gentlemen of the best quality were named whom they could not omit because they had sat with them and concurred in all their great debates although they had more confidence in those petty Fellows who had or would sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbear they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation whereby they should declare That they approved of what the House of Commons and their High Court of Justice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr. Cromwell Chairman of that Committee of State reported to the Commons That according to the Order of that House 19. of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they should do for the future but could not confirm what they had done in relation to the King and Lords so it was referred to a Committee to consider of an expedient Cromwell having made use of the Levellers 115. Cromwells usurped power When the House of Commons opposed Cromwels and Iretâ—ns designes they cried up the Libertie of the People and decried the Authority of Parliament until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Auâ—horitie of their House of Commons and decried the Liberty of the people and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestâ—nts of Germany and then used an Army of Protestants to subdue and imprison â—he Pope Assertors of publique Liberty to purge the House of Commons and abolish the Lords House doth now endeavour to cast down the Levellers once more finding himself raised to so great an height that he cannot endure to think of a levelling equality he overswayes the Councel of Warre over-awes the House of Commons and is Chairman and Ring-leader of the Councel of State so that he hath engrossed all the power of England into his own hands and is become the Triple-King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his own more Lordly Interest he procured an expedient to Alter and Reforme the said Oath which at last passed in this forme following February the 22. 1648. 116. The forme of the said reformed Oath I A. B. being nominated a Member of the Councel of State by this present Parliament do testify that I do adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councel and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I do promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therin faithfully pursue the Instructions given to the said Councel by this present Parliament Mere you see a curtain drawn between the eyes of the people and the clandestine machinations and actings of this Councell and not reveale or
disclose any thing in whole or in part directly or indirectly that shall be debated or resolved upon in the Councel without the command or direction of the Parliament or without the order or allowance of the major part of the Councel or of the major part of them that shall be present at such Debates or Resolutions In confirmation of the premises I have hereto subscribed my Name 117. The C. of War debate to massacre the Kings party See Will. Sedgwicks Iustice upon the Armies Remonstrance About this time it was debated at the Councel of Warre to Massacre and put to the Sword all the KING'S Party The Question put was carried in the Negative but by two Voices You see what Furies pursue these sinfull Wretches and what dangerous rocks they dash upon in order to that base and cowardly principle of Self-preservation The Army hath in every County of England packs of schismatical Beagles 118. Schismaticall Petitions for 2. or 3. principal Gentlemen in each County to be brought to justice whom they hollow on to hunt in full crie by Petitions to the House after the bloud of such whom they design for slaughter Many Petitions have been lately presented That two or three principall Gentlemen of the KING'S Party by name in each County might be sacrificed to Justice whereby the Land might be freed from bloud-guiltinesse Divers Merchants have contracted to send forth severall Ships for the next Summers Fleet at their own charge 119. Merchants arming Ships for this Summers Fleet. The Prodigious High Court of Justice was revived in order to the Trial of the Earle of Holland the Earle of Cambridge the Earle of Norwich the Lord Capel and Sir John Owens 120 The High Court of Justice revived the Commissioners were changed that they may engage as many men in arbitrary illegal tyranny and bloud-shed as they can Hamilton was exceedingly importuned by Cromwell who took a journey to Windsor purposely to name such Members of Parliament and Citizens as had any hand in calling him in 121. The History of Hamiltons imprisonment and death See digitus Dei upon Duke Hamilâ—on this he either could not or would not do he had in order to his own ambition first exasperated the Independent party against the KING and afterwards sought their ruine by engaging for the KING and he doubted that to undertake so odious an office as to play the Devils part and be an Accuser of his Brethren would but set a glosse upon the Independents intended severity against him Being brought to St. James's in order to his Tryall Cromwell hoping to traine him to a confession caused all his Creatures to carry a favourable countenance to him Bradshaw smoothed him up with soft language at the Barre the Lord Gray of Grooby Col. Wayte and Hugh Peters gave him hopes that they would not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notwithstanding Colonel Wayte when he made Report to the House of Commons how he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit who gives Peters thanks and money to boot for his late favour done him in Court Quaere What an accusation extorted for feare of death â—nd hope of life is worth Hamilton confessed at his death he had been much pressed yet had named no maâ— Argyle and knowing him to be an Instrument of Cromwells imployed him as his Solicitor to the Members of the House and Army Peters prayes for Hamilton openly as his Lord Patron still feeding him with hopes If he would Impeach their Opposites yet still he waved this offering them 100000 l. for his life and often inculcating what services he would do them in Scotland for which purpose he offered to joyn Interests with Argyle and be a Servant to their Party Messengers were posted into Scotland to know Argyles pleasure But he had been over-reached formerly by Hamilton and he was resolved to admit no Competitor which would have eclipsed his greatnesse and have made him not the sole Patron of Scotish Independency Besides the Kirk so farre hated Hamilton that they preached off his head in Scotland before it was cut off in England the High Court of Justice lingered long in expectation of an Answer at last such a one came as decried all reconciliation with Hamilton whereupon the scene was altered presently Bradshaw handled him roughly at the Bar Mar. 6. Those which smiled on him before frowned now being asked what he could say he pleaded Quarter and vouched Peters Testimony who with a brazen face renounced his former Testimony When Hamilton was upon the Scaffold divers Officers of the Army and Hugh Peters conversed familiary with him to the last and Messengers passed to and fro saying He now remembred no such matter but that the Army scorned to give quarter to him or any of his Nation whereupon he was condemned to the Block which Sentence was executed upon him March 9. yet they fed Hamilton with vaine hopes to the last gasp for fear he should give glory to God and throw shame and infamy upon themselves by a Christian confession of his Argyles and their mutual villanies besides such a Discovery would have made Argyle lesse serviceable to them in Scotland whose next designe is to cajole the Kirk by seeming an Enemy to the Sectaries of England and pretending to serve the Presbyterian Interest Thus I conclude the Tragedy of Duke Hamilton 122. The Death of the Lord Capel In opposition to whom I will briefly relate the Tragedy of the noble Lord Capel a Gentleman of great courage and integrity He had made an adventurous escape out of the Tower but was re-taken by the treachery of a limping Water-man if I knew his Name I would bestow a blot of Inke upon him He pleaded for himself Articles of Surrender which were reall in him though not in Hamilton that divers that were in Colchester and in his condition had been admitted to compound and desired to be referred to Martial Law which being denyed He moved he might not be debarred of Additionall defence if he must be judged by the Common Law then he demanded the full benefit of that Declaration of the Commons 19. Feb. 1648. which Enacteth and Declareth That though King and Lords be laid aside yet all other the fundamental Laws shall be in force concerning the lives liberties and properties of the Subject and recommended to them Magna Charta The Petition of Right 3. Caroli and the Act made H. 7. for indempnity of all such as adhered to the present King in possessione also the exception in the Act of Attainder of Strafford and Canterbury which saies Their Cases shall not be used as a precedent against any man He desireth to see his jury and that they might see him and so might be Tryed by his Peers saying He did beleive no precedent could
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which 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 Judges of the force Treasonable they deny they sit now 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 and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well 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 whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was 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 affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
upon the bare Accompt of Englishmen with our Swords in our hands to redeem our selves and the Land of our Nativity from slavery and oppression to avenge the blood of Warr shed in the time of Peace to have Justice for the blood of M. Arnold shot to death at Ware and for the blood of M. Robert Lockier and divers others who of late by Martial Law were murthered at London And upon this our Engagement in behalf of the Common-wealth We do solemnly agree and protest That we will faithfully laying all self-respects aside endeavour the actual relief and settlement of this distressed Nation And that all the world may know particularly what wee intend and wherein particularly to center and acquiesce for ever not to recede or exceed the least punctilio We do declare from the integrity of our hearts that by the help and might of God we will endeavour the absolute settlement of this distracted Nation upon that Forme and Method by way of an Agreement of the people tendered as a peace-offering by Lieuten Collonel John Lilburne Mr. William Walwyn Mr. Thomas Prince and Mr. Richard Overton bearing date May 1. 1649. the which we have annexed to this our Declaration as the Standard of our Engagement thereby owning every part and particular of the Premises of the Agreement promising and resolving to the utmost hazard of our Lives and Abilities to pursue the speedy and full accomplishment thereof and to our power to protect and defend all such as shall Assent or Adhere thereunto And particularly for the Preservation and Deliverance of L. Col. John Lilburn M. Will. Walwin Mr. Thomas Prince Mr. Richard Overton Captain Bray and Mr. William Sawyer from their barbarous and illegal Imprisonments And we Declare That if a haire of their heads perish in the hands of those Tyrants that restrain them That if God shall enable us we will avenge it seventie times seven fold upon the heads of the Tyrants themselves and their Creatures And that till such time as by Gods Assistance we have procured to this Nation the Declared purpose of this our Engagement we will not Divide nor Disband nor suffer our selves to be Divided or Disbanded resolving with sobernesse and civility to behave our selves to the Countrey to wrong nor abuse any man to protect all to our power from violence and oppression in all places where we come resolving to stop the payment of all Taxes or Sessements whatsoever as of Excise Tythes and the Tax of Ninety thousand pounds per mensem And having once obtained a New Representative according to the said Agreement upon such Terms and Limitations therein expressed We shall then freely lay down our Armes and return to our several Habitations and Callings And concerning the equity necessity and justice of our undertaking We appeal to the judgment of the oppressed betwixt their Destroyers and Us Whether by the Law of God of Nature and Nations it be not equally justifiable in us to engage for the Safetie and Deliverance of this Nation as it was with the Netherlanders and other People for theirs and upon the same Principles that the Army engaged at New-market and Triploe-heaths both Parliament and Army declaring That it is no resistance of Magistracy to side with just Principles and Law of Nature and Nations And that the Souldiery may Lawfully hold the hands of that General who will turn his Cannon against his Army on purpose to destroy them The Sea men the hands of that Pilot who wilfully runs his Ship upon a Rock And therefore the condition of this Commonwealth considered we cannot see how it can be otherwise esteemed in us And upon that Account we Declare that we do owne and are resolved to owne all such persons either of the Army or Countreys that have already or shall hereafter rise up and stand for the Liberties of England according to the said Agreement of the people And in particular We do own and avow the late proceedings in Colonel Scroops Col. Harrisons and Major General Skippons Regiments declared in their Resolutions published in print As One Man Resolving to live and die with them in their and our just and mutual defence And we do implore and invite all such as have any sense of the Bonds and Miseries upon the people any Bowels of Compassion in them any Piety Justice Honour or Courage in their Breasts any Affections to the Freedomes of England any love to his Neighbour or Native Countrey to rise up and come in to help a distressed miserable Nation to break the Bonds of Crueltie Tyranny and Oppression and set the people Free In which Service Trusting to the undoubted goodnesse of a just and righteous Cause We shall faithfully discharge the utmost of our Endeavours Not sparing the venture of all hardships and hazards whatsoever and leave the Successe to God Signed by me WILLIAM THOMPSON at our Randezvouz in Oxfordshire neer Banbury in behalf of my Self and the Rest Engaged with me May 6. 1649. For a New Parliament By the Agreement of the People About this time Doctor Dorislaus a Civill Lawyer 159. Doct. Dorislaus stabbed to death in Holland sometimes Judge Advocate to the Earle of Essex and Lord Fairfax and lately one of the Councel in the High Court of Justice against the KING and the 4. Lords was sent from the Parliament Agent into Holland where about 18. Scots-men repayring to his lodging 6. of them went up the stayres to his Chamber whilst 12. of them made good the stayre-foot they stabb'd him to death and escaped About the 14. day of May 1649. 160. Hasleriggs barbarous motion to murder six Royalists of the best quality in revenge of Dorislaus Report was made from the Councel of State to the House of the examination of 3. Servants of Doctor Dorislaus concerning the Death of their Master and what allowances were fit to be given to his Children out of the Kings Revenue thereby to lay an aspersion upon the King as if He having had an influence upon that Fact His Estate must make the recompence notwithstanding Scotish-men did the deed in revenge of Hamiltons death Dorislaus had been a poor Schoolmaster in the Low Countries formerly from whence he was translated to read the History-Lecture at Oxford where he decried Monarchy in his first Lecture was complained of and forgiven by the benignity of the King Then he became Judge Advocate in the Kings Army in his expedition against the Scots afterwards he had the like imployment under the Earle of Essex and lastly under Sir Tho. Fairfax a great Gainer by his employments but withall a great Antimonarchist and a Saint in Cromwells Rubrick and therefore had a magnetique vertue both living and dead to draw money to him in abundance Upon occasion of this Debate Haslerigge moved That 6. Gentlemen of the best quality Royalists might be put to Death as a revenge for Dorislaus and to deterre men from the like attempts hereafter That you may the better see of
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old and New Testament of Moses and Christ to so little purpose Yet the House 18. of May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberty of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please and not otherwise for the Sword and the Purse trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed New Books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enslave us and they would set us free have brought us so far below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait Traps to catch us Woe be to that people whose Rulers set snares to catch them and are amari venatores contra Dominum Men-hunters against God nay to move any Person to stir up the People against their Authority is hereby declared Treason mark the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keeper of the Liberties of England or Councell of State shall extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in this Case of Lylburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands and Wives Brothers and all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his profession Secondly If any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit Great Seale It is declared Treason I wonder it is not Treason to counterfeit their counterfeit coyne Behold here new minted Treasons current in no time and place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our New Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic ju beo it shall be Treason be cause they will call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavy War against the King or adhere to his Enemies in his Realm and thereof be proveably attained of open deed by people of their condition 4. To counterfeit the King 's Great or Privy Seal 5. Or his M ney 6. To slay the King's Chancellor Treasurer Justices of one Bench or other Justices in Eyre Justices in Assize and all other Justices assigned to hear and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the four Lords ought to have been Tried not by a new shambles of Justice doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the Cause be shewed and declared before the King and his Parliament not before the House of Commons only or before both Houses without the King whether it ought to be adjudged Treason You see how few in number these Treasons specified are and that they must be attained of open deed by their Peers our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem seaking of Treasons facia arguebantut dicta impune erant These horrible tyrannies considered and being destitute of all other less desperate relief I do here solemnly declare and protest before that God that hath made mee a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the reverend name and title of a Judge or Justice shall give Sentence of Death upon any friend of mine upon this or any other illegal Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time-serving State-flattering Priests and Ministers notwithstanding follow the examples of Sampson Judith Jael and Ehud and by Ponyard Pistol Poyson or any other means whatsoever secret or open prosecute to the Death the said Judge and Justice and all their principal Abettors And I do here invite and exhort all generous free-born English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramental associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegal and tyrannous Usurpations 162. A motion to inlarge Sir Will. Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the General was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered They were no longer his but the Parliaments prisoners It should seem the Brute hath made a private deed of gift of them to his Journy-men of the House The Generals Warrant seized and imprisoned them and notwithstanding the Councel of Officers declared in Print that they were preparing a Charge against them yet the Knaves lyed like Saints they were then so far from having matter to accuse them of that they have ever since hunted after a Charge against them and endeavoured to suborn Witnesses but after 24 weeks restraint whereas by the Law no man ought to be committed without an accusation they have found nothing against them This turning over of these Prisoners to the House of Commons proves what I formerly asserted in Sect. 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset-house Junto now sitting in the House of Commons 163 The General sends forth Warrants to all Justices of the Peace to attach those Levellers that he had routed The honest Levellers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxfordshire where lying securely because they were upon treaty with the Enemy their Quarters were beaten up and about 180. of them taken Prisoners which their enemies according to their usual custome to gain reputation by lying reported to be so many Hundreds And the General as if they had been all routed sent forth his Warrants to all Justices of the Peace in the adjacent Counties requiring them to apprehend and secure all such of them as shall be found I desire to know by what Authority the General takes upon him to command Justices of the Peace who are not under his Power and what tame Animals these Justices are that will submit to his commands and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword and the Councel of Officers See the Vote and Act for abolishing the Kingly office 164. and his single self the Supreme Magistrate or Tyrant Paramount notwitstanding the Vote of his Journey-men Commons That no single Man should be trusted with the Supreme Power The Levellers having possessed themselves of Northampton the General it is said thought fit to take hold of the Horns of the Altar The General sends to the City for additional Forces and wrote to his vassals of the City to send their Trained Bands to his relief that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Horns may be as visible in their fore-heads as the Nose in Olivers face To cozen the honest Levellers 165. The Commons colourably debate to dissolve this Parl. and settle a succeeding Representative the Commons in order to the ending this present Parliament are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven whose Election shall not be free but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected as are not precisely of the same principles and practices and as deep engaged in their tyrannical trayterous cheating bloody designs as themselves guilty Committee-men and Accountants to the State shall be the next Representative and for the better lengthening of the businesse that they may see what success in the mean time the Levellers will have they wire-draw it through a Committee and refer it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councel of State they will usurp the Supreme Authority there to prepare the way to which design they have passed another Act May 19. That the People shall be Governed as a Free-state by Representatives and by such as they shall constitute and then consider what kind of Representatives we are like to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Judgments
be again set and knit together Dictum de Kennelworth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in War 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchester being yet unpardoned 6. That voluntary sent against him or the Prince 7. The officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three years five years value and half their estates of Land If they sell it such as are by the Kings grant possessed of them to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay half to have half If in three years the whole be unpaid the Land to be divided between him that ows it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during the War have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be acquitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remain where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the battel of Lewis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man possest of wood to fell any but onely for repair till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeal to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of the Fines to provide for them 10. The Legate King and Henry d'Almain to Elect twelve who should eause these Articles to be executed and to see performed what they ordain according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenents that were against the King to lose their Leases but at the expiration of their time the Land to return to the true owner 12. Forts built by the assent of the King but without that of the Person dis-inherited after the Fine paid in three years to pay the costs of building of it in six years or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entred Northampton yet fought not but entred the Church 16. Such as held not of the Earl yet at his command entred to the action with him to pay half one years Revenue 17. Such as held of the Earl to be only at the Kings mercy 18. Impotent persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punish'd by Law yet without loss of life or limb 19. Maliciously accused to have their Estates immediately restored 20. Women to have their own Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been pardoned to remain so 23. Those that are fined to answer no Loss done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publick Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed You see what great care was here taken to prevent spoyl and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. June 178. The loss of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admiral Col. Edw. â—opham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland who proving honester than the Saints expected took a summe of money of him to betray the Town Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livery and seisin and divers Ships he was commanded to conceal this ill news lest it discouraged the City to engage so far with them as to entertain them in the condition of a Free-State and surrender the Sword to them and so spoil the Design of
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the blood of above 100000 Protestants who perished in that War Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their estates and grant them away to such as should advance Monies upon Irish Adventures Touching the War kindled in England the Author confesseth it was a fatal thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until Hotham shut the Gates of Hull against the King attended onely with some few of his houshold servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellors under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedome of Trade from Town to Town A cessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aim was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Chief pawn'd their Souls to Him thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crown and every thing that was personal 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 Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice 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. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes 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 illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm 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 Loans 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 Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock 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 actually dissolved above two months 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. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
Brook Comission 19. 21. It appears by the Writs of Summons to the Lords Crompt Jurisdiction of Courts fol. 1. Cooks 4. Instit p. 9. 10. and of Elections 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 Commonwealth formally it cannot be the same 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 pragmatical 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 and leavying their Wages That the Parliament was only Parliamentum nostrum the Parliament of the Kings that is Dead not of his Heirs and Successors They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heirs and Successors of great and weighty Affairs 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 revival The Parliament is determined thereby especially as those who have Dis-inherited his Heirs and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Judges Justices of the Peace Sheriffs made onely 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 Justitiarios 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 Justice of Peace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of the Parliament 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament 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. 18. 1 Hen. 7. 12 13. Plowdens Comment fol. 369. Cooks 4. Institutes pag. 329 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any clause thereof although it be a clear dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regal Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principal occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complain That the King had dissolved all former Parliaments against approbation of both Houses of Parliament Wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regal Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Natural or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5 6. 14 17. compared together where they Affirm The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royal power in Dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publick Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royal Command to the Houses or their Speaker executed during his life-time See Parl. Rolls 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64 65. 11 Ric. 2. nu 14 16 20. 8 Hen. 4. nu 2 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8 9 11. 29 Hen. 6. nu 10 11. 31 Hen. 6. nu 22 30 49. and Cooks 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heir or Successor and for supplying other His Majesties not his Heires nor Successors occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which credit cannot be attained until such Obstacles be first removed as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Justice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High Commission Ship-money Knighthood-money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said monies not others since so to be raised All which expressions related onely to His late Majesty as to His Acts of Royal Power not to His Heires and Successors after His Natural much less Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the several Principal Scopes of this Act are fully satisfied long before the late Kings death 4. It is clear by the Body of this Act And be it declared c. That this present Parliament c. shall not be dissolved unless it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unless it be by Act of Parliament to be passed for
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
as if those excellent gifts had never received their birth nor been so much as shewen to the People untill they murdered the King and stepped into his Throne But how righteous a Free-State or Common-wealth is this like to be And how well are the People therein likely to be instructed in the waies of Righteousnesse Justice and Charity and improved in good life and conversation by men so principled as aforesaid Let the world judge Especially when they observe That our New Statists have enacted in the said pretended Act. 2. January 1649. enjoyning the Engagement That whosoever will promise Truth and fidelity to them by subscribing the Engagement may deal falsely and fraudulently with all the world besides And break all Bonds Assurances and Contracts made with Non-engagers concerning their Estates and pay their Debts by pleading in Bar of all Actions That the complaint hath not taken the Engagement This is to rob the Egyptians of the good things of this world This is to break their Faith by the Motions of the Spirit This is to cheat and rob their Neighbours without breach of Charity or Justice and without imputation of Sin according to their aforesaid Tenets 3. I am come now to consider in the third place The way and Manner of their proceedings How consonant they are to the usuall proceedings of our known Lawes and Legall Courts of Judicature the best Inheritance of all Freemen whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court herewith printed 1. The first course they commonly take is To break open mens Houses Studies Chests c. and seise their Papers and thereby hunt for Matter of Charge against them And then to examine them against themselves upon the said Papers contrary to Magna Charta which saith Nemo tenetur prodere seipsum And contrary to the Doctrine of Christianity which forbids a man to destroy his own life or be Felo de se as many men unwittingly do who answer to captious ensnaring questions When that tempting question was put to Christ Art thou the King of the Jews He returned no other Answer then Thou sayest it Why askest thou me Ask them that heard me That is Ask witnesses It was objected against the Oath ex Officio That it was High Injustice to examine a man against himself Because his Answers may only serve to condemn but not to acquit him 2. They usually break open houses with Souldiers at all houres of the night pulling men out of their beds with great violence and Terrour and so carry them away under pretence whereof Robberies and Murders have been committed Whereas by the Stat. 1. Ed. VI. chap. 12. and 5. and 6. Ed. VI. chap. 11. A man ought not to be accused of High Treason but to one of the Kings Counsel or to one of the Kings Justices of the Assize or to one of the Kings Justices of the Peace being of the Quorum or to 2. Justices of the Peace where the Offence is committed Cooks 3. Instit chap. High Treason pag. 26. 27 28. 3. They Commit men to Prison without any Accusation or Accusor made known and during pleasure and detain them in Prison many yeares together without any Legall proceedings or Charge against them sharing their Estates Offices and Revenues by Sequestrations and Suspensions of the Profits amongst themselves without any Crime objected And so leave them to starve rot and dye in nasty Gaoles for want of Maintenance under the cruelty of covetous and mercilesse Gaolers whom they bear out for mony in all their Extortions And being thus imprisoned and wounded with the displeasure of the State no man dares adventure upon any security to lend him money for fear of incurring the disfavour of the State and a Note of Malignancy Witness about 3000. Scottish Prisoners of War starved to death at Durham where they eate one another for hunger These were taken at the battle of Dunbar on 1650. 3. Sept. and many hundred Prisoners have been murdered in Gaoles with hunger cold nastiness and contagion after they have been robbed of their Estates and no Crime laid to their Charge this is become a daily practise whereby their Prisons are become private Slaughter-houses as well as their Courts Publick shambles of Injustice Prisoners in the Tower of London To which prison no Goale-delivery belongs were alwaies wont in the time of that supposed Tyrant King Charles I. and his Predecessors to have allowance from the King according to their severall degrees As 5 l. a weeke for an Esquire c. although the King deprived them of no part of their Estates untill conviction and this Maintenance was provided for them by the Lieutenant of the Tower and in respect of his care and paines in procuring it he had Fees and not otherwise though now they continue and encrease the said Fees the cause being taken away the effect ceaseth not But these men now in power after they have Committed men and robbed them of their Estates without cause shewen are so far from giving them any allowance to feed them that they shut them up close Prisoners in unwholsome Chambers denying them the Liberty of the Tower and the benefit of fresh Aire the Cameleons Diet for their health and resort of friends for their accommodation And that they may be sure to deprive them of all legall meanes by habeas corpus to recover their liberties They Commit men by illegall warrants not expressing any particular Offence or cause for their Commitment so that it is impossible for the keeper of the prison to obey the habeas corpus which is directed to him in these words Praecipimus tibi quod corpus A. B. unâ cum causa detentionis suae habeas coram nobis c. ad recipiendum ea quae curia nostra c. Whereupon the Gaoler or Sheriff is to bring his Prisoner to the Bar and tender his mittimus to the Court shewing the particular cause of his Imprisonment that the Court may judge whether it be Legall or no. Dolosus versatur in Generalibus In the Acts of the Apostles chap. 25. vers 26 27. Festus thought it unreasonable to send Paul a prisoner to Cesar to whom he had appealed and not withall to signifie the Crimes laid to his Charge See Cooks 2. Instit fol. 591. 4. Their usuall Course of practising and suborning witnesses tempting them with hopes and terrifying them with fears is so notorious That it is known the Counsell of State have hundreds of Spies and Intelligencers Affidavit-men and Knights of the Post swarming over all England as Lice and Frogs did in Egypt and have both Pensions and set rates for every Pole brought in So that now the whole Nation is proscribed and every mans head set to sale and made a staple commodity far beyond the definite Proscriptions of Silla and the Triumvirate aforesaid These Sons of Belial are sent forth to compasse the earth seeking whom they may devour These with the
knowledge execute the severall powers given you by this Act. 1. If the Court be Triers and Iudges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as triers in the sight of the Freeman who shall be upon his Triall 2. And that as Iustices of Oyer and Terminer They being authorized to hear and determine by the words of the Act. They should take an oath such as is usual and equal set down E. III. Viz. You shall swear that well and lawfull you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemans life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust of Peace fol. 13. the words are I A. B. do swear that I will do equall Right c. according to my best wit canning and power after the Laws and Customes of the Land and the Statutes therof made c. 4. If the Court will be Iudges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signal difference with the verdict of a Iury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. Marh 1650. is not broken literally as to be exactable by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And prayes this his 2 Answer may be received with the Salvo's and registred Eusebius Andrews The third Answer of Coll. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and liberty of making further Answer if it shall be necessary in all humblenesse for present Answer offereth to this Honourable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peers men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peers c. 1. That it is his Right to be tried only so appears by Magna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erroneous So that if the Laws and Courts were not obstructed in the cases of some sort of Freemen of England the whole Proceedings contrary to these Laws without a Jury of his Peers were avoidable and reversible by Writ of Errour as appears by the Presidents vouched in the Respondents second Answer 3. That it is in the Courts power To try the Freeman consequently the Respondent by a Iury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is Authorised To hear and determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their natural constitution and practical execution do proceed against Freemen according to Law by a Iury of their Peers and not otherwise 2. Authorised to proceed to Trial condemnation and execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Iudgment it self To the Opinion of the major part of 12. and if they shall think fit to try by a Iury it will be no offence against the Act there being no Prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trials to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2 Seeing hearing and counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title challenge fol. 150. To challenge 35. without Reason shewed and with Reason shewn without Number adjudged 32. Hen. VI. in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Jac. Sir Walter Rawleigh and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163 164. Stat. 1. and 2. of Phil and Mary Chap 10 11. 1 Ed. VI. chap. 12. Cookes 3 Instit pag. 12. upon the words in the St. 25. Ed. III. chap 2. Provablement atteint Because the punishment was heavy the proof must be punctual and not upon Presumptions or Inferences or Streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the St. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Iury passeth from all or not at all in this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or Enditement 4. A Verdict passeth from a Iury before discharged upon their Affairs of business or supplies of Nature to prevent corruption by mony or power In this way of Trial a man may be heard to day and a Sentence given at leisure when the power and will of those by whom the Freeman
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the
a Meanes conducing to that Generall End Some few whereof I will here set down for my Readers satisfaction 1. To tollerate no King nor Magistrate Superior to themselves as Being a Tyranny or Bondage over the Christian Liberty of the Saints and Kingdom of Christ Because they know no Christian Magistrate can tollerate them being by the Genius of their Sect enemies to all Civil Societies whether Monarchicall Aristocraticall Democraticall or Mixed as the Kingdom of England was before these men destroyed it Besides their common Doctrine That they are appointed to break the powers of the Earth to pieces To levell the hils and fill up the vallies That they are called To bruise the Nations with a rod of Iron and break them in pieces like a Potters vessell Which they have done in England and threaten the like in France Germany c. whereof their Pulpits and discourses sound Observe their Practises in the Low Countries Where having by their spies and Emissaries found out some Burgers of the same humour with themselves They propagated their Doctrine so far as to endeavour to strike the Aristocraticall Members out of that Common-wealth by abetting some of the States Provinciall to lessen and so to abolish by degrees The Lords States Generall the Optimates of that State To ruine the Prince of Orange to whose Family they owe their Liberty To dissolve the Generall Union of the said United Provinces and so take in pieces the whole Frame of that Republick To say nothing of their Insolencies in fighting and killing their men because the Belgike Lion will not strike saile to their Crosse and Harpe and in blowing up the Antelope in Helversluce Which shews what good Neighbours Holland and other Parts are like to have of the New State of England and Ireland when they have made themselves intire by the purchase of Scotland that is born like our English Richard III. with Teeth in its head and snappeth at its Neighbours before it be out of its Swadling clouts This is the cause that Cromwell before he set saile for Ireland caused his Journey-men the pretended Parliament To passe an Act for Tolleration of all Errors Heresies and Schismes under the Notion of Liberty of Conscience and Ease for Tender Consciences 2. Their second Principle is That the Good things of this World belong onely to the Saints that is Themselves all others being usurpers thereof and therefore they may rob plunder sequester extort cheat and confiscate by illegal Laws of their own making by extrajudicial Courts and partial Judges of their own constituting other mens goods and estates upon as good Title as the Jews spoyled the Egyptians or expelled the Canaanites 3. Their third Principle That the Spirit which sanctifies and illuminates these men in every particular man blowes when and where it will sometimes this way sometimes that way often contrary waies And therefore they can make no profession of any certain Rule of Doctrine or Discipline because they know not which way the Spirit will inspire For this reason they are still pulling down old and setting up New Doctrines as the Nomades do cottages onely constant in unconstancy They professe their consciences are the Rule and Symboll both of their Faith and Doctrine by this Leaden Lesbian Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sun-Dyall by the clock not the clock by the Sun-Dyall That every man must pray according to the Dictates of his Private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenant they Alleage the Spirit is the Author thereof When Cromwell contrary to his vowes and Protestations made to the King kept him close Prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publick Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus fit dira libido This Hobgoblin serves all turnes 4. Their fourth Principle is That they may commit any sin and retain their Sanctity in the very Act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for sin Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbour without breach of Justice or Charity A righteous man is a Law to himself 5. Their fift Principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither professe to follow Paul nor Cephas yet declare themselves to be some of Cromwells Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixt Independent Principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltinesse yet if they think in their Consciences he his guilty they may condemn him out of the Testimony of their own Private Consciences Is it not fit men so Principled should be Judges and Jury too and condemn men by inspiration So Colonel Andrews and Sir John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Henry Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at 10. of the clock at night and had a warrant then ready to arrest Gell which was done earely next morning before he could conveniently discover it Yet was Gell sentenced for Misprision of High Treason See Sir John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sir John was Impeached and Mr. Atturney prosecuted him onely for Misprision yet had he much ado to keep that bloud-thirsty old cur Keeble from taking a leap at his throat and giving Judgement against him for High Treason So for want of Law Sir John had like to be hanged by Inspiration and Instinct of the Spirit He that will see more of the Independent Tenets Let him read Cl. Salmasius chapter 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency first and second part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Common-wealth or Babel hold forth to the People Justice and Liberty as their Motto