the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. and Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traytour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the People of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2 That they had rejected the Ordinance for Triall of the King 58. Votes passed by them thereupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded thereby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdome did forbeare to proceed judicially against Him but found by sad experience that such their remissnesse served onely to encourage Him and His Complices in the continuance of their evill practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Trayterously and malitiously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas 〈◊〉 Fairfax Generall Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip. Lord Lisle Will Lord Munson Sir Iohn Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harrington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaac Pennington Alderman Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Pureâ—oy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berckslead Col. Mat. Tomblinson Iohn Blackston Esq Gilb Millington Esq Sir Will Cunstable Col. Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Lavesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburne Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburne Col. Adrian Scroope Col. Richard Deane Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Ioh Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Es Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Eq. Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Hump Edwards Esq Greg. Clement Esq Iohn Fray Esq Tho VVogan Esq Sir Greg Norton Serj. Iohn Bradsaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Alder Thomas Scot Alder Tho. Andrewes Ald VVilliam Cawley Esq Abraham Burrell Esq Col. Anthony Stapley Roger Gratwicke Esq Iohn Downes Esq Col. Thomas Horton Col. Tho. Hammond Col. George Fenwicke Serj. Robert Nichols Robert Reynolds Esq Iohn Lisle Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn VVeaver Esq Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Es Augustin Skinner Es Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Browne Esq Iohn Lowrey Esq Mr. Bradshaw nominated President Counsellors assistant to this Court to draw up the Charge against the KING are Doctor Dorislow Master Steele Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerk to the Court. Messengers and dore-keepers are Master VValford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Iudges for the hearing Trying and Iudging of the said Charles Stuart and the said Commissioners or any 20. or more of them shal be and are hereby Authorized and Constituted an High Court of Iustice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hande and seales shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of VVestminster and to adjourne from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit 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 whether VVitnesses upon oath were necessary upon Trials of life and death But I confesse that upon the defensive part upon Indictments VVitnesses upon oath were not to be heard against the King much more Accusers of the King and for examination of VVitnesses upon oath if need be coneerning 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 Fairfax * * The Generall is no Officer of justice All welaffected Persons tag and rag invited to assist in a Tumultuary 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 doe continue for the space of one Month from the Date of the making hereof and no longer 60. A new Great Seale to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seale against Him because it vvas the Kings Great Seale no more could they use any of our Lavves Courts or Iudges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither vvould the Grace of God square vvith their proceedings they must therefore make a nevv Great Seale but that vvas long a making and their fingers vvere in the fire they therefore proceeded vvithout any Commission under Seale onely upon the said Ordinance and every Commissioner set his ovvne hand and seale to the publique instruments of their proceedings vvhat need ceremonies vvhen men are resolved upon the substance 61. The Iews petition the Councell of VVar to have the Stat of their banishment repealed About this time the Hebrevv Ievves presented a Petition to the uncircumcised Ievves of the Councell of VVarre That the Statute of Banishment against them may be repealed and they readmitted 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 demanded Hugh Peters and Harry Martyn solicite the businesse Vpon this occasion vvas published this Paper ensuing 62. A Paper published upon occasion of
more than My owne particular ends makes Me now 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 Iudges I cannot be Iudge 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 doe 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 doe 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 Iurisdiction of the Court and a delay Yet the Court vvithdrevv for half an hovver advised upon it and sate 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 notvvithstanding vvhat You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed againe againe 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 Clerk read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat whereas the Commons of England in Parliament had appointed them an high Court of Iustice 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 refused so to doe 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 Charles 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 Iudgement 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 your Prisoner King I am not suffered to speak expect what Iustice 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 Attendants of the Court. Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir John Bowcher Sir James Harringtoâ— Sir William Brereton Will Hennigham Es Isaac Pennington Ald Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Colonel John Berkstead Sir Will Cunstable Col. Edward Ludlow Col. Jo Hutchingson Col. Rob Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Es 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 Dennes 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 Andrewes Ald William Cauwley Esq Col. Anthony Stapley John Liste Esq John Corbet Esq Thomas Elunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq Mr. Bradshaw nominated President Counsellours assistant to this Court and to dravv up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Phileps Clerke to the Court. Messengers and Dore-keepers are Master VValford M. Radley M. 〈◊〉 M. Pâ—vvell Mr. Hull and M. King Cryer 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 frighted away And in order to this designe against the King the House of Peers voted downe and yet the House of Commons when intire is no Court of Judicature nor can give an Oath Had indifferent men 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 Civill 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. Februarij 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 Councell to hang all such as they shall adjudge Disturbers of the Army 1. Part of Englands lyberty in Chaines sub fine And the Hunting of the Foxes c although no Members of the Army they must
attend his Majesâ—y in the Treaty The next thing debated vvas the List of such Gentlemen as vvere named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man vvith Cromvvell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they vvere unduly imprisond and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there vvas no farther proceedings therein Thus farre I have briefly set dovvne the Preparations tovvards a Treaty 13. Master Pryns Speech in the House proving the Kings concessions to be a groud for a setlement the Treaty it selfe betvveen the King in the Isle of VVight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them tooke up almost all the time untill the 6. December 1648. some fevv businesses of no great moment intervening many imperfect and partiall Relations of them have been printed cum Privilegio but Mr. VVill Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648 and since printed hath set dovvn all the most materiall Arguments on both sides vvith great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follovv onely thier ovvne Interests of povver and profit vvhose vvills and lusts have alvaies been their ovvne lavves and are novv become the onely Lavves of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and vvill only trouble him vvith some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106 and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I vvil onely say that vvithout them the King cannot be a Governing King but a bare Titular King a picture a shadovv because the protection of the People depens upon the povver of the Svvord He cannot protect them and their Lavves vvith the Scabbard The Authority of the Scepter follovves the povver of the Svvord vvherefore to give avvay one is to lose both nor can the Subjects be any longer His Majesties Subjects but Salves to their fellovv Subjects vvhen so many petty Kings not authorized by any lavv of God or Man to protect the People shall hold the Svvord over their Heads and distract them vvith different Opinions disagree in Commands according to the variety of their severall lusts factions and interests hovv can the King according to his Coronation Oath and duty to vvhich God hath called him Governe and protect his People 1. part sect 40 41 42. vvhen he hath given avvay his Svvord to a factious Parliament vvhere one Party tyrannizeth over the other and threatens the other vvith the longest Svvord hovv absurd and impossible it is for the Subject to expect protection from one hand and to svveare and pay Alleigannce to another hand that hath divested it self of all povver to protect them let our Lavves the practice of all Nations and times and the judgement of the learnedst Politicians tell you vvhose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova vectigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Gouvernment vvhere the King can doe most good and least evill 1. Let Him be disabled to raise nevv Taxes lay on nevv Tribute 2. Let Him not have the sole povver to make or repeale Lavves vvhich ought to belong to the Common-vvealth not any one Magistrate for no povver is more hurtfull to the People nor stirres more Commotions them these tvvo such is the Kingdome of England the King hath neither the povver of our purses nor the changing of our Lavves in His hands and if he give avvay his Svvord he vvill be such a King of clouts as can doe neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundam Leges non est major neque par such vvas the Dictattor at Rome he had no equall there Papyp cursor dictator ad judged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers vvith this saying Vicit tandem imperii majestas such is the King of England the Common-vvealth cannot compâ—ll him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreme Governour in all Causes over all Persons so doe all our Statutes to vvhom in Parliament vvhich is his highest sphere of majestie i the last appeale by VVrit of Error vvho is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise vvith him and dissolves it vvhen he is satisfied He makes VVarre Peace See the 1. part of this History Prolegomena 1. and is Protector of the Lavves and of all just Interests onely the policy of the Lavv disables him to make repeale or alter Lavves or raise Monies vvithout consent of both Houses by Bill passed vvhich is but an Embrio untill he quickens it by his Royall Assent because this vvay the King may doe most hurt and vvrong to his people as I have already said it being the vvisdome of our Lavves to keep the Svvord in one hand and the purse in another The 1. proemiall Proposition for justifying the Parliaments Cause and Quarrell and condemning His owne Cause and Party 15. The 1. Proposition for justifying the Parliaments and condemning His owne quarrell vvas a bitter pill but an earnest desire of peace svveetned it and guilded it over and invited him to svvallovv it vvithout chavving or ruminating upon it but hovv devilish unchristian and illegall a use the Faction have made of this extorted confession let God judge Their insisting upon it that the King should take the Convenant 16. The Covenant endevoured to be put upon the King vvas an errour in Policy vvhereof the rigid Presbyterians are guilty they supposing the King vvould take it at last stood upon it and intended thereby to joyne the King to their
the King amongst them Againe they say That if the King come in to the Parliament He vvil 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 vvill be looked upon as Oppressers and the jealousies and discontents of the People be increased against them and make them apt to joyne issue vvith the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these vvords and their ovvne practice I conclude for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchicall Government and Lavv of the Land to murder the KING as they have since done Againe they say If the King vvere returned each Party vvould strive first and most to comply vvith Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold vvhat use these covvardly Saints make of necessity and self-preservation 5. That they may appeale to their Svvord against the Authority of any their Governours in order to publique safety vvhich tvvo last conclusions set the dore vvide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellovv is apt to raise them into a storme against their Governours for their fabulous assertions vvherevvith these Saints usually guild over their foule actions 1. That the Houses were free vvhen they passed the 4. Votes for Non-Addresses 2. That they vvere not free vvhen they recalled them 3. That the People vvere quiet and contented untill the recalling those 4. Votes and aftervvards vvere untsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered Himselfe to them 5. That vvhen they made Addresses to Him it vvas but to prevent the Presbyterian Party But it appeares their ayme from the beginning vvas to suppresse the Presbyterian and advance their ovvne Party and lay by the King and domineer over Him and the Kingdome for vvhen Cromvvell had brought his Designe to perfection he said at Kingston That he vvas 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 tvvo sorts all founded upon the said live Antimonarchicall Principles The first for satisfying publique Iustice that is for the Hang man to teach the Iudges vvho they shall Sentence to execution 1. They demand the Person of the King may be brought to speedy Iustice this affront they put upon the Parliament vvhen they vvere neer conclusion of their Treaty vvith Him vvhen 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 fundamentall Government and Lavves of this Land and consequently the Liberty and Property of the People their Deaths-vvond By the lavv of God nature reason and the Lavves of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oathes of Allegiance Supremacy Stat of Recognition 1 Iac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edvv. 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 povver to hurt the Kings Prerogative much lesse I thinke to hurt his Person the Lavves are the Kings Lavves Courts the Kings Courts Iudges his Iudges Great Seale his Seale the VVrits the Kings VVrits the Iustice and Peace of the Land are his consequently the VVars his VVarres he is the fountaine of all Authority as vvell as of all Honour Thou shalt not speake ill of the Governour of the People therefore not accuse him The King hath no Superior nor equall in England contrary to that false distinction of the Observator that he is Major singulis minor universis VVhen David vvould have gone forth to Battle his Army dissvvaded it using these reasons If vve flee they vvill not care for us neither if halfe of us die vvill they care for us But thou art vvorth ten thousand of us here you see the King is reckoned major universis more than all his Army and yet that Army vvas at that time in effect all the vvel-affected of the Land and therefore by the Anarchicall Principle aforesaid the onely people of the Land for further proofe hereof I appeale to all our Lavvs and Statutes hovv vvill they Trie him vvho shall Iudge him vvho are his Peeres that he may be Legally Tryed like a Freeborne man for sure they cannot deny him that right according to Magna Charta per legale iudicium parium suorum It is a grounded Maxime in our Lavves The King can doe no vvrong vvherefore then vvill they Trie Him for doing no vvrong The policy and civility therefore of our Lavves and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency alvvaies accused his Evill Counsellours and Ministers and freed Himselfe lest they gave advantages to ambitious men Absolon-like to scandalize and dishonour him and render him lovv and vilde in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royall Throne vvhich is alvvaies accompanied vvith an earth-quake of the vvhole Land * 1. Pet. 2.13 Here the King is called Supreme not the People and though said to be an ordinance of man in some respects yet S. Paul Rom 13. saith He is ordain'd of God 2. Governours are distinguished the King is Supreme and Governors are sent by him his Comâ—ission Besides it appears Gen. 3.16 4.7 God gave not to all men that freedome which is supposed the foundation of supremacy 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 vvhom the Commonalty consists and each individuall nor the whole Commonalty can give him more power then himselfe hath But no man hath power over his owne life neither arbitrarily nor judicially but onely 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
or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King That is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare that the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the Alterations concerning Kings and House of Lords already resolved in this present Parliament Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of Descent and proclaimed it Treason for any Person to Proclaime Him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes unto them contrary to Law though they have no Authority by any Law Statute or Custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and beeing of Parliaments for which Treasons Strafford and Canterbury though leste criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burroughs for which we serve doe by this present Writing in our own Names and in the Names of all the Counties Cities and Burroughs which We represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We doe from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our Consents as treasonable wicked illegall unparliamentary tyrannicall and pernitious both to the King Parliamt Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said Confederates shall not speedily retract and desist
from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to doe We doe hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Brethren of Scotland and Ireland who are united and conjoyned with us in Covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers Concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Iustice of it selfe and having no power to heare and determine any civill or criminall Causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void illegall Commissions 3. That the House of Commons and Members now sitting have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Iudges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Stature of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at a Conference of both Houses of Parl concerning Ship mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloody murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such Commissions and proceedings and by the power of an Army to enforce them and the Iudges Iustices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions or to act as Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their Oaths Covenant Callings and Places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
for discovery of Truth 4. To Imprison any that shall disobey their Commands and such as they shall Iudge contumacious vvhat novv is become of Magna Charta and the Liberties of the People That no Mans Person shall be Attached or Imprisoned or Dissersed of his Free-hold or Free-customes but by Lawfull Iudgement of his Equalls This Councell of State hath got all Povver into their hands a project long laboured and novv their next motion vvill be pretending ease to the People to Dissolve this Parliament 10. The Petitioners complaine that in order to settle their Tyranny the Councell of Officers insisted upon it That a motion should be made to the House of Commons to enable them to put to death by Martiall Lavv all such as they shall judge by Petitions or othervvise to disturbe the present proceedings vvhether Members of the Army or not And vvhen it vvas urged That the Civill Magistrate should doe it it vvas ansvvered * The saying of Col. Hevvson the one-eyed Cobler See Hunting the Foxes p. 10. They could hang tvventy ere the Magistrate could hang one The prayer of their Petition is 1. That the Self-denying Ordinance be observed 2. That they would consider hovv dangerous it is to continue the Highest Military Commands so long in the same Persons especially acting so long distinct and of themselves as those novv in being have done and in such extraordinary vvaies vvhereunto they have accustomed themselves vvhich vvas the originall of most Tyrannies 3. That they would appoint a Committee of Parliament-men to hear and determine all controversies between Officers and Officers officers and Souldiers To mitigate the rigour of Martiall Law and to provide it be not executed upon any not members of the Army 4. That they will open the Presses 5. That they will dissolve this Councell of State threatning so manifest Tyranny 6. That they will severely punish all such as acting upon any Order Ordinance or Act of Parliament shall exceed the power conferred on them After this 125. A second part of Englands Nevv Chains came forth a second part of Englands new Chaines discovered setting forth the hypocrisie and perfidiousnesse of the Councell of the Army and the Grandees in cheating all Interests King Parliament People Souldiers City Agitators Levellers c. vvhich tells you That the Grandees walke by no principles of honesty or Conscience but as meer Polititians are governed altogether by occasion as they see a possibility of making progresse to their Designes vvhich course of theirs they ever termed A waiting upon Providence that under colour of Religion they might deceive the more securely It tells you their intent is to Garrison all great Tovvns to break the spirits of the People vvith oppression and poverty It farther Declares that these Grandees judge themselves loose vvhen other men are bound all Obligations are to them Transitory and Ceremoniall and that every thing is good and just as it conduceth to their Interests That the Grandees never intended an Agreement of the People but onely to amuse that party vvhilst they hastily set up a Councell of State to establish their tyranny that to prepare the vvay to this they broke the House of Commons tooke avvay the House of Lords removed the King by an extrajudiciall vvay of proceedings and erected such a Court of Iustice as had no place in the English Government That the remainder of the House of Commons is become a meer channell through vvhich is conveyed all the Decrees and Determinations of a private Councell of some fevv Officers All these and the Votes That the Supreme Power is in the People and the Supreme Authority in the Commons their Representative vvere onely in order to their Interests of will and power That they place their security in the divisions of the People That if the present House of Commons should never so little crosse the ambition of these Grandees they vvould shevv no more modesty to them than they have done to the excluded Members See the Hunting of the Foxes c. p. 6 7 8. And so it concludes vvith a Protestation against their breaking the Faith of the Army vvith all Parties their dissolving the Councell of Agitators and usurping a povver of giving forth the sense of the Army against the Parliament and People against their shooting to death â—he Souldier at VVare Returne to sect 2. 5. and their cruelties exercised upon other Persons to the debasing of their Spirits and thereby nevv-moulding the Army to their Designes against their playing fast and loose vvith the King and His Party till they had brought a nevv and dangerous VVarre upon this Nation They also protest against their dissembled Repentances against their late extraordinary proceedings in Bringing the Army upon the City to the ruine of Trade their breaking the House of Commons in pieces vvithout Charging the Members particularly and then judging and taking avvay mens lives in an extraordinary vvay as done for no other end but to make vvay for their ovvne absolute Domination They also protest against the Election and establishment of those High Courts of Iustice as unjust in themselves and of dangerous precedent in time to come as likevvise against the Councell of State and putting some of themselves therein contrary to their ovvne Agreement They also protest against all other the like Meetings of those officers that on Thursday 2. Feb. Voted for so bloody a Lavv as to hang vvhom they should judge disturbed the Army as having no povver either by such Councels to give the sense of the Army or to judge any Person not of the Army or to doe any thing in reference to the Common-vvealth 126. The Hunting of the Foxes from Tryplo and Nevvmarket by 5 small Beagles p. 8. About this time also became publique a pretty Book entituled The Hunting of the Foxes from New-market and Triploe to White-hall by 5 small Beagles vvhich tells you That the Grandee-Officers of the Army to keep the Souldiers quiet did formalize about an Agreement of the People vvhilst they carried on their platforme of absolute tyranny long since hatched by Ireton by erecting a Councell of State no sooner vvas this monster borne but it devoured half the Parliament of England now it is adorning it self with Regall magnificence and majesty of courtly Attendants and like the 30 Tyrants of Athens to head it self over the People this is and yet this is not our new intended King there is a King to succeed this is but his Viceroy O Cromwell whither art thou aspiring the word is already given out amongst their Officers That this Nation must have one prime Magistrate or Ruler over them and that the Generall hath power to make a Law to bind all the Commons of England This was most daringly and desperately avowed at White-hall and to this temper these Court Officers are now a moulding He that runs may read fore-see a new Regality thus by their Machivilian pretences wicked practises
Warre against our lawfull Soveraigne under pretence of defending our Lawes and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sunne pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegall and bloudy Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King breake the Parliament by hostile force put downe the House of Lords erect extrajudiciall High Courts of Iustice to murder Men without Triall by Peers or Iury or any legall proceeding to subvert the fundamentall Government by Monarchy and dispossesse the right Heyre of the Crowne and to usurp His supreme Authority in a factious fagge end of the House of Commons to put the Kingly Government into a packed Iunto of forty Tyrants called A Councell of State to exercise Martiall Law in times of peace and upon Persons no Members of the Army to raise what unnecessary illegall Taxes they please and share them and the Crowne Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free quarter to alter the Styles of Commissions Patents Processe and all Legall proceedings and introduce a foraigne Iurisdiction to Counterfeit the Great Seale and Coyne of the Kingdome and to keep up Armies of Rebels to make good these and other tyrannies and Treasons is High Treason by the knowne Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speake against these Crimes Good God! how long will thy patience suffer these Fooles to say in their hearts there is no God and yet professe thee with their mouthes to breake all Oathes Covenants and Protestations made in thy name to cloake and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived senslesse Trees and torne brute Beasts that serve thee according to their creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in warre Turne the Councells of the wise into folly let the crafty be taken in their owne net and now at last let the Oppressed tast of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeale to thee as Author of their prosperous sinnes become Lord Author of their just punishments bestow upon them the reward of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my selfe stand in need and seek to ripen thy vengeance before thy time shall the Pot aske the Potter what he doth I beheld the prosperity of the wicked and my feet had almost slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May. 30. 1649. The aforesaid trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of Slaves was proclaimed in London by the newly intruded illegall Lord Major Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them untill some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Tryall of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of England although I dare say at least five hundred to one if they were free from the terror of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Authority of the Nation under them This was purposely so contrived to engage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publique disclaimour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegall Common Councell newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designes and entangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrewes Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharasiticall House of Commons voted an Act 171. A Thanks-giving Dinner in the City for the Generall c. 1. Iune for a day of Thanks-giuing to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councell of State the Generall and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for Relief of Ireland to engage the City farther to them Cromwell had the Chaire in that Committee the device was that the Common Councell should invite the Parliament Councell of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the thanks-giving whit-broth and custard had beene bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast downe with another for the glory of his owne Name and that he might have an occasion to purge the Army as he had done the Parliament of all free-borne humours 172. The Councell of State sit in pomp at Wihte hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councell of State sit in as much state and splendour with their Roomes as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majesty were but Mechanicks
him to contemne them both Thus putting my trust in God I put Pen to Paper and my life into the scales vvhere God I knovv holds the ballance he vvhose providence takes notice of a Sparrovv falling from the house-top vvill vvatch over me and either protect me against them or receive me from them Cromvvell and Ireton by advice of their thriving Iunto of Independents in the tvvo Houses having mutinied the Army against their Masters the Parliament 2. An Introductory Repetition See my I. Part of the History of Independency sect 7 8 9 10 11 13 14. found that crime could not be defended but by committing greater vvherefore they seized the Kings Person at Holdenby to gaine Authority vvith the People that they might the better subdue the Parliament to their lusts for the better expediting vvhereof Sect. 18 19. they courted the City of London to sit Neuters and let them vvorke their vvills vvith the Parliament vvhich Myne not taking fire they united the scismatical Party of the City and Countrey to them and all such as being guilty of publique cheats and spoyles desired the protection of the Svvord to make good their rapines and accounted all men else as Enemies applying themselves to vvooe and cajole the People easily vvrought upon as being vveary of the VVarre and of the Mis-government Factions confusions and oppressions of their nevv Masters the Parliament vvhich indeed vvere very great but aggravated by them and their Agitators beyond the truth and the vvhole vvaight of them charged upon the more moderate and innocent Party onely because they vvere their Opposites vvhereas had they set the saddle upon the right horse as sure as Iudas bore the Bagge the Independents must have rid before the Cloak bagge they being the Publicans and Sinners that handled most publique treasure The Layers on Exactors Treasurers c. of Taxes the farre more numerous and busie party in all Mony-Committees and gainfull Employments Engrossers of all great Offices and the greatest Sharers of Publique money amongst themselves for Compensations for Losses and Revvards for Services pretended and consequently that Faction vvere the greatest Dilapidators of the Common-vvealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent faction lay their Bastards at other Mens dores making a shevv to redresse those faults in other men vvhich themselves are chiefly guilty of vvherefore the better to ingratiate themselves vvith King and People they printed and published Engagements Declarations Remonstrances Manifestoes Proposals and Petitions of their ovvne penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steale the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publique Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Lavves Liberty and Property Setlers of Religion Maintainers of the Priviledges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives vvith honour freedome and safety to his Person originally their ovvne vvords Booke of Declarations of the Army pag. 112. Represent of the Army at S. Albons Iune 23. 1647. B. Decl againe p. 64 Sir Tho Fairfax's Letter to the Houses from Reading Iuly 6. 1647. B. Decl againe p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 1â— 14 4â— and my Animadverssions upon the Armies Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands Nevv Chains and the Hunting the Foxes from Nevv Market and Triplo heath to White hall by five small Beagles p. 6 7. See my Animadversions upon the Armys Remonstrance Nov. 20. 1648 and Putney Projects p. 43. and Major Huntingtons Relation in a Booke caled A plea for King and Kingdome in Answer to the Armys Remonst presented Novemb. 20. 1648. pag 14 15. 16. and Second part of England's New Chaines and the said Hunting of the Foxes c. And the Reasons inducing Major Robert Huntington to lay downe his Commission though since they Quarrell vvith Parliament City for using them Reducers of his Queen and Children vvithout vvhich they openly professe and Declare positively in many printed Papers to the vvorld and the Parliament There can be no setled peace nor happinesse to this Nation The truth of this Assertion vvas obvious to the meanest Capacities and vvill sodainly be proved by deare and lamentable experience To all these undertakings they novv hunt directly counter yet in pursuance of these undertakings the Army by their ovvne Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtaine from his Parliament They treated vvith him yea they vvrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to preferre the Proposals of the Army and then presuming they had him fast lymed they propounded to him anevv as I have it from good hands private Proposals for the Interest of the Independent Grandees and the Army derogatory to the Kingly Povver and Dignity to the Lavves Liberties and Properties of the Subject and destructive to Religion To vvhich his Majesty giving an utter denyall they began to entertaine nevv Designes against the Kings Person and Kingly Gouvernment vvhich they ushered in by setting the Schismaticall and Levelling Party on vvork in City and most Counties to obtrude upon the Houses clamorous Petitions against further Treaties and demanding exemplary Iustice against the King exceedingly laboured by Cromwell himselfe in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Decemb. 11. 1648. vvas the most eminent these men that insolently petitioned against the fundamentall Government of the Land and Peace by Accommodation vvere entertained vvith Thanks Others that petitioned for Peace by Accommodation vvere entertained vvith Frovvns disfranchisings sequestrations vvounds and death as the Surrey Gentlemen this shevved vvith hovv little reality the over-ruling Party in the Houses Treated vvith the King 2. part of England's Chaines discovered 1. Treaty 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 VVight 2. The Parliament that is the predominant Party pursued him thither vvith offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he passe 4. Dethroning Bills of so high a nature that he had enslaved the People subverted Parliaments and had made himselfe but the Statue of a King and no good Christian had he by his Royall assent passed them into Acts of Parliament 1 par Hist Ind. sect 62 63 64. and the Parliament or rather the Grandees
jugling trick to make them acknovvledge the Lord Fairfax Authority and become voluntary Prisoners upon their ovvne engagement and vvas therefore refused The next morning being Thursday the Imprisoned Members had vvarning given them to meet the Generall and his Councell of VVarre at VVhite-hall vvhither they vvere Guarded in Coaches tyred out vvith vvatching and fasting But the mechanick Councel took so much state upon them that after six or seven hovvers attendance untill darke night and no admittance nor application to them they vvere led avvay from thence on foot vvith Guards of Musketiers like Thieves and Rogues and thorovv the kennels like Col. Prides Dray-horses to the Swan and Kings-head tvvo Innes in the Strand and there distributed under severall Centinels The Souldiers making a stand vvith them sometimes halfe an hovver together in the snovv and raine untill they had put their Guards into a marching posture and reviling them See the 2. part of Englands Chaines discovered and the Hunting of the Foxes c. that they were the men that had cousened the State of their money and kept back their Pay Vpon vvhich scandalous provocation some of them Ansvvered That it was the Committee of the Army and their owne Officers that had cousened them vvhich some of the Foot-Souldiers then acknovvledged Besides the 41. Imprisoned Members the Officers standing severall daies vvith Lists of Names in their hands at the Parliament dore have turned back from the House and denied entrance unto above 160. other Members besides 40. or 50. Members vvho voluntarily vvithdrevv to avoid their violence all vvhom they knovv to be Losers by the VVarre and therefore desirous of a safe and vvel-grounded peace so that they have made vvarre against the majority of the House that is against the vvhole House for major pars obtinet rationem totius by all our Lavves and Customes The major part of the House is virtually the whole House vvhich is Treason by their ovvne Declarations and Remonstrance farre higher than that vvhereof they accuse the King and for vvhich they demand Iustice against Him and the remaining faction of 40. or 50. engaged Members vvho novv passe unpresidented Acts of Parliament of the House of Commons as they call them vvithout the Lords ought not to sit Act nor take upon them the stile of a House under so visible actuall and horrid a force both by the Lavves of the Land and their ovvne Ordinance passed August 20. 1647. To null and void all Orders Votes and Acts passed under the Tumult of Apprentices from Iuly 26. to the 6. August following and yet the said Tumult ended the said Iuly 26. vvhen it begun See the said Ordinance herevvith printed The Army vvho novv acknovvledge no povver but that of the Svvord as Major VVhite long since foretold at Putney and vvhose principle it is To break the Powers of the Earth to pieces as VVilliam Sedgewicke in his Iustice upon the Army Remonstrance saith And who as Ioh Lilburne in his Plea for Common Right p. 6. saith have by these extraordinary proceedings overturned all the visible supreme Authority of this Nation now suffer onely their owne Party of 40. or 50. Members to sit and doe journey worke under them who are Enemies to peace and have got well by fishing in troubled waters and hope to get better so that hardly a seventh or eighth part of the Counties Cities and Burroughs that ought to have Members sitting have any body to represent them and therefore hovv they shall be bound by the Votes and Acts of this fagge end this Rump of a Parliament vvith corrupt Maggots in it I doe not see Friday Decemb. 8. a Message from the Generall vvas brought to Sir Robert Harlow that he might go home to his house giving his engagement not to oppose the actings and proceedings of this present Parliament and Army The like vvas offered to divers others you see hereby vvhat the offence of these Imprisoned Members is onely a feare that they will defend the fundamentall Government the Religion Lawes and Liberties of the Land the Kings Person and Authority and the being of Parliaments against the Tyrannicall and Treasonable practices of the Army and their House of Commons The small remnant of the House of Commons sent sundry times to the Generall to knovv why he Imprisoned their Members 24. Reasons proving that the remaining faction or Iunto sitting under the force of the Army were consenting to the securing secluding their Members sect 134 135. and humbly to beseech him to set them at liberty if he had nothing against them But all this vvas but prevarication and false shevves for 1. Their base and conditionall vvay of demanding their Liberty if he had nothing against them implies an acknovvledgement of the Generalls jurisdiction and conusance over them and an invitation of him to accuse them 2. Their sitting and acting under so brutish a force before their Members righted or the honour of the House vindicated is a deserting and yeilding up of their Membres honour 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling Ansvver to their said Demands concerning the secured and secluded Membres as aftervvards they did vvithout hearing vvhat the said Members could say for themselves is cleerly a forejudging and betraying them 4. Their late Votes That no man shall peruse their Iournall Booke of Orders c. without speciall leave is purposely done to barre the said Membres vvho cannot make any perfect Ansvver in confutation of the Scandals cast upon them by the Generall Councels printed Libell against them vvithout having recourse to the said Booke to see vvhat Votes passed for Ireland for the 200000 l. and other matters To say nothing hovv unusuall and unjust it is to keep the Records of the House from the vievv and knovvledge of any man and yet to expect their obedience to them 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced and imploying Souldiers to Search all Printing Houses dayly is done in ordre to barre the said accused Members from publishing an Ansvver in their justification 6 Their Summoning Mr. Pryn by ordre to appeare at the Commons Barre knovving him to be still a Prisoner to the Army shevves that the Army and they serve each others turnes against them 7. And Lastly the Declaration of the present House of Commons dated Iaen 15. 1648. is nothing but an eccho of the said Ansvver of the Generall Councell against the said secured and secluded Members They that are so vvickedly industrious to destroy these Gentlemens credits doe this as a preparative to destroy their Persons and seize upon their Estates for the maintenance of a nevv VVarre vvhich they foresee their violent courses vvill bring upon them and for the farther inriching of themselves and establishing their Tyranny vvhich they miscall The Liberty of the People This violent purge vvrought so strongly upon the House and brought it to that vveaknesse that ever since
up illegall High Courts of Iustice their usurping the Supreme Authority their making Treason an Arbitrary crime their erecting a Councell of State or Hogens mogens forty Tyrants in lieu of one King their altering the style of VVrits and legall proceedings c. Sentence given before any person accused or heard to speake for himselfe Oh the brutish understanding of men whose sinnes and feares have intoxicated their wits The said Lords and Commons doe thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamentall Governement of this Kingdome And doe therefore order and ordaine 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 beare any Office or have any place of trust or authority in this Kingdome or to sit as Members of either House of Parliament And doe further order and ordaine That every Member of either House respectively now absent upon his first comming to sit in that House whereof he is a Member for the manifestation of his innocency shall disavow and disclaime his having had any 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. 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 Decemb. the Commons that they might purge their Iournall Books of all State-heresies as vvell as their House of all State-Hereticks voted this Index expurgatorius vvhich in their ovvne canting language I here present to you 1. Resolved c. That the Vote of this House Ian. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionell Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdome and is hereby repealed The like for the rest of the impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House Iune 30. 1648. whereby this House did concurre with the Lords for opening of a way to the Treaty with His Majesty for a safe and wel-grounded peace That the Votes Ian. 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 Kingdome sure they meant the kingdome of the Saints They likevvise by foure severall Votes revived the said 4. Votes Ian. 3. 1647. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be had in the Isle of VVight 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 Good Boyes they can say their Lessons vvell The House adjourned and apace too vvhen the Army vvhips them on they vvill shortly have a jubile of play-daies for their paines 40. or 50. Nevv lights snuffed by the Councell of VVarre can better discover vvhat is dishonourable and apparently destructive to their ovvn Kingdome then 340. or 244. could doe at other times If you aske vvhat Debates they had they could have none being novv 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 entered against the Votes That the Kings Grants vvere a ground for a Setlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes vvas not thought by those that thinke one thing and say another a sufficient Test all vvere confidently for them that voted vvith them vvherefore godly Iohn Gourdon a Fellovv that spits venome as naturally as a Toad moved That a Protestation might suddenly be drawne up and every Member to set his hand to it in detestation of those repealed Votes A Committee vvas appointed accordingly The 14. Decemb. the said nevv-found Shiboleth vvas brought in by Gourdon vvhich caused divers that vvere not yet mad enough for Bedlam to forbeare the House or rather Conventicle 30. The Militia of the Counties nevv setled in Independent hands Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the County Militias of the Kingdome because there vvere some Presbyterians in it not vvelaffected to the Army and in that nevv sense Malignants And ordered that a new Ordinance with a List of new names of Saints militant sounding like a Ievvish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and novv must keep our Svvords too and then Stand and deliver vvill be the only Lavv of the Land About this time Major Generall Browne one of the Sheriffs of London vvas fetched out of the City by a Party of Horse 31. Sheriff Brovvne carried away out of the City Prisoner to S. Iames's and carried before the mechanique Councell of VVarre at VVhite-hall although a Member of Parliament and consequently one of their Masters vvhere he told them he knevv they had nothing to charge him withall but his honest endeavours to preserve His Majesty and His Posterity together with the Parliament City and Kingdome with the Lawes and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler vvas so savvcy as to tell him He was too peremptory at last they committed him Prisoner to S. Iames's And that he might not vvant company 32. Sir Will. Waller c. removed S. Iames's they sent a VVarrant to Capt. Lawrence Marshal Generall to remove Sir VVill VValler Sir Iohn Clotworthy Major Gen Massey and Commissary Generall Copley from the Kings head to him The Marshall shevving them the VVarrant 33. They protest against the Generals Authority they Protested against the Authority and offered the Protest to the Marshall in vvriting desiring him to shevv it to the Generall vvhich he refusing to receive Sir VVill VValler desired all the company to vvitnesse vvhat Protestation they did make in behalfe of themselves and all the Free-borne people of England against the violent and illegall encroachments of the Generall and Councell of VVarre against the Lavves and Liberties and read it aloud as follovveth A Declaration of the taking avvay of Sir Will Waller Sir Iohn Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings-head in the Strand to S. Iames's Together vvith their Protestation read at their removall VVith a Copy of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshall Lavvrence came and acquainted Sir VVilliam VValler Sir Iohn
to his Officers to know what they had against him Who it seemes act all things without his privity and steere all the Armies present counsels and designes according to their absolute wills The publique Declaration and Protestation of William Pryn of Lincolnes Iune Esquire Against his present Restraint and the present destructive Councels and Iesuiticall proceedings of the Generall Officers and Army I William Pryn a Member of the House of Commons and Free-man of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Eares Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedome and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publick services Doe here solemely declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon reall grounds of Religion Conscience Iustice Law prudence and right reason for the speedy and effectuall setlement of the peace and safety of our three distracted bleeding dying Kingdomes on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharge my duty on the Parliament staires next the Commons dore forcibly seized upon by Col. Pride Sir Hardresse Waller and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foot haled violently thence into the Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forcibly detained Prisoner with other Members there restained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or other accommodations contrary to the known Priviledges of Parl. the fundamentall Laws of the Realm and liberty of the Subject which both Houses the 3. Kingdoms the Generall with all Officers and Soldiers of the Army are by soleme Covenant and duty obliged inviolably to maintaine Since which I have without any lawfull power or authority been removed and kept Prisoner in severall places put to great expences debarred the liberty of my Person calling and denied that hereditary freedome which belongs to me of right both as a Free-man a Member an eminent sufferer for the publike a Christian by these who have not the least shadow of authority or justice to restraine me and never yet objected the least cause for this my unjust restraint I do therefore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannicall power the greatest breach of faith trust Covenant priviledges of Parliam and most dangerous encroachment on the Subjects liberties and Law of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedome in all their Remonstrances whiles they are triumphantly trampling them all under their armed iron feet And doe further hereby appeal to and summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others lesse tyrannicall oppressive unjust and fedifragus to God and men than themselves And doe moreover remonstrate that all their present exorbitant actings against the King Parl. present Government their new modled Representative are nothing else but the designs projects of Iesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Lawes Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdomes yea the Generall Officers and Army themselves and that with speedy and inevitable certainty to betray them all to our forraigne Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forraigne Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Iesuiticall disloyall bloudy present Counsels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdomes in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. Ianuary Num. 283. 27. Decemb. The Councell of Warre who manage the businesse in relation to the King saith the Diurnall ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and worke Him to their desires 52. Cromwels Sp. in the Ho when it was first propounded to trie the King When it was first moved in the House of Commons to proceed capitally against the King Cromwell stood up and told them That if any man moved this upon designe he should thinke him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the sudaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confirmed 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegall as they please to miscall them Oathes of Allegiance Supremacy and other Oathes usually administred to Officers Free-men c. of the City The 28. Decemb. Tho Scot brought in the Ordinance for Triall of the King it was read and recommitted three severall times 54. The Ordinance for Triall of His Majesty passed
the Iewes Petition The last damnable Designe of Cromwel and Ireton and their junto or Caball intended to be carried on in their Generall Councell of the Army and by journey-men in the House of Commons vvhen they have engaged them desperately in sinne past all hope of retreat by murdering the King MAjor VVhite a Member of the Army long since at Putney fortetold That shortly there vvould be no other povver in England but the povver of tee Svvord and VVil Sedgvvick in his Booke called justice upon the Armies Remonstrance saith The Principle of this Army is To breake the Powers of the Earth to pieces and Iohn Lilburne in his Plea for Common Right pag. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and vvill by seizing upon the Members of Par dissolving it and setting up a nevv invented Representative and bring the King to capitall punishment and dis-inheriting His Posterity subvert the Monachicall Government and Parliaments of this Kingdome the Lavves and Liberties of the People and so by bringing all to Anarchy and confusion put the vvhole Government of the Land under the Arbitrary povver of the Svvord In order to vvhich they have and vvill overturne the Government of the City of London by a Lord Mayor and Aldermen and Governerne it by Commissioners and a schismaticall Common Councell of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next designe is to Plunder and Dis-arme the City of London and all the Country round about thereby to disable them to rise vvhen the Army removes but not to the use of the Souldiers although they greediâ—y expect the first VVeek in February the time appointed from vvhom they vvill reedeeme the Plunder at an easie rate and so sell it in bulk to the Ievves vvhom they have lately admitted to set up their banks and magazins of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintaine such VVarres as their violent proceedings will inevitably bring upon them not onely all Sequestred and Plundred goods but also the very Bodies of Men VVomen and Children whole Families taken Prisoners for sale of whom these Iewish Merchants shall keep a constant traffique with the Turks Moores and other Mahometans the Barbadus and other English Plantations being already cloyed with VVelch Scottish Colchester and other Prisoners imposed by way of sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another VVarre followed they will spare neither Man VVoman nor Child For the better carrying on of which Designe the said Caball or Iunto keep a strict correspondency with Ovven Roe Oneale the bloudy Popish Antimonarchicall Rebell in Ireland and the Popes Nuntio there The Antimonarchicall Marquesse of Argyle in Scotland the Parisian Norman and Picarde Rebels in France and the Rebel King of Portugall If danger be not held so close to your eyes that you cannot discerne it looke about you English But this Kingdome is not to be saved by Men that will saue themselves Nothing but a Private hand and a Publique spirit can redeeme it 63. Master Pryns second Letter to the Generall The 3. Ian. 1648. Master Pryn sent a Letter to the Generall demanding vvhat kind of Prisoner and vvhose he vvas as follovveth * To the Honourable Thomas Lord Fairfax Generall of the present Army these present My Lord IT is novv a full Months space since I vvith other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshall against the Priviledges of Parliament the Liberty of the Subject the Lavves and Statutes of the Realme and all rules of justice conscience and right reason vvithout the least shadovv of Authority or any cause at all yet made knovvne to me of vvhich vvere there any neither God nor man ever yet made your Lordship or your Officers Iudges I therefore desire to knovv from your Lordship vvhat kind of Prisoner I am and vvhose If a Prisoner of peace neither your Lordship nor your Officers are any Iustices of peace or Civill Magistrates in this place to restraine me for any civil crime vvere I guilty of it much lesse vvithout proof or hearing in case I vvere no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least vvithout the Houses licence first obtained If a Prisonner of VVarre vvhich I cannot probably be being never in Arms and apprehended neer the Commons House dore going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknovvledge That you have levied VVarre against the Parliament and its Members and vvhat capitall offence this is and vvhat a punishment it deserves I need not informe your Lordship or your Councell vvho have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himselfe I have but one thing more to trouble your Lordship vvith and that is to demand vvhose Prisoner I am having yet seen no VVarrant nor Order from your selfe or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or VVarrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Lavves to order your Attourney to give an Appearance for you in the Kings bench the first returne of the next Tearme to an action of false Imprisonment for this my unjust restraint vvhich I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours vvhich I conceive vvho yet abuse your name and authority herein though it be a rule in Lavv Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers vvho have been most active in my Imprisonment for damage and reparations vvhich if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publique cause vvhich so highly concernes the honour fredome and Priviledges of Parliament and Subjects Liberties for defence and maintenance vvhereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I novv againe engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as vvillingly forgive and put up private injuries
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes 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 Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie 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 Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall 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 to morrow 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 Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto 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 speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
all Orders p. 8. 13. 41. 43. 44. 49. 51. 61 64. â—6 9â— 623. 69â— 879. Appendix pag. 15. they Declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the Nationall Covenant they vowed to defend the Kings Person and Authority in preservation of true Religion and Liberties of the Kingdome and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your owne hands robbing both King Lords the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied Warre against the Parliament to dissolve it till the removall of which force and restoring your Members with freedome and safety you ought not to sit or Act by your Armies owne doctrine in their Remonstrance Aug. 18. by the Declaration and Ordinance of both Houses Aug. 20. 1647. Also 15. E. 3. n 5. 17. E. 3. n. 2. 6. 18. E. 3. n. 1. 2. 5. c. â— R. 2. n. 1. 2. R. 2. n 1 3. R. 2. n. 1. 4 R. 2. n. 1. 5. R. 2. Parl 1. n. 1. Parl. 2. n. 1. 8 H. 4. n. 28. Sec. 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39 H. 6. c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2. dorso clauso 6 E. 3. m. 4. 6 E. 3. apud Westm ' Parl. 2. n. 1 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the Houses were full 7. You have neither Law nor president for what you doe Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resigne their Crowns in a formall way one to his Sonne the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reigne without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb vvithout hearing them See Mr. Io Grereâ—s Ans to that silly Sophister Io Goodvvin called Might overcomming right Ian. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Ian. 1648. with much adoe got printed their Vindication against the Aspersions cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The summe whereof is as followeth By the Preamble of this Answer by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited 73. The sec secl Mem. Defence aginst the scandalous An of the C of VV it appeares this designe to breake the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it selfe irregular and not justifiable but by honest intentions and extraordinary necessity the weaknesse of which Answer we must examine but first must state the case between us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdome and to be from time to time subject to such Orders and directions as they shall receive from both Houses of Parliament and to this end they stand Commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemne Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdome they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded drove away many of the Members the Question is Whether this Action be Iustifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to this Parliament 4. To set up a new Representative of their owne which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentioÌ„s for publique good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Lawes of God and the Land under which they live which they are engaged to maintaine we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The Agreement of the People which is lower in demands than these which they call Honest intentions for publique good was condemned by the Army The promoting it in the Army judged mutinous and capitall Col Rainsborough and Major Scot complained of in the House for appearing in it and the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or Principle is Extraordinary Necessity for the same end To this we say 1. The Army made the same plea of necessity in their Remonstrance Iune 23. 1647. upon quite contrary grounds to what they expresse now both to justifie the same violent proceedings against the Parliament then when the King was seized upon by a Party of the Army without Order from the House the Army advanced against the Parliament They say in their Letter to the House Iuly 8. 1647. There have been several Officers of the Army upon severall occasions sent to his Majesty the first to present to Him a Copy of the Representations and after that same others to tender Him a Copy of the Remonstrance upon both which the Officers sent were appointed to cleer the Sence and intentions of any thing in either Turne back to sect 2 and see my Aniadvers upon the Army 20. Nov 1648. p. 4 5 6 7. Paper whereupon His Majesty might make any Question There the Army Treated with the King yet now they offer violence to the Parliament for Treating with the King Then in their Remonstrance 25. Iune
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
the Houses formerly in their Ordinances presented to Him at New-castle did themselves thinke fit to settle it For the Sale of Bishops Lands upoÌ„ the Publique Faith we say Every cheating Saint of the Faction must have the Publique Faith exactly kept though he bought the Lands but at 2. or 3. yeares just value and vvith such monies as he thad formerly cheated the State off vvhen other men vvho have lost the best part of their Estates by and for the Parliament for compensation vvhereof they have the Publique Faith engaged by Ordinances are consumed by Taxes and repayed vvith reproaches onely That although the Purchagers 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. yeares 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 insisted notwithstanding the said Vote 5. Decemb. 1648. We farther alleage That the King having granted the rest of the Propositions and so much in these 2. Delinquents and the Church the Nationall Covenant doth not oblige us to make Warre upon this point nothing can make Presbytery nor the Purchasers of Bishops Lands more ordious nor endanger them more than to make them the sole obstacle of peace nor could any thing more worke the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to passe the said Vote 5. Dec. 1648. come next to be considered 1. The saving of Ireland 2. The Regaining the Revolted Navy and freedome of the Seas 3. The support of the Auncient 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 Returne to sect 71. As 1. the Deposing the King if not the depriving Him of life whereupon flouds of misery will follow and schandall to the Protestant Religion which we from our hearts detest abhorre see the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himselfe into the Armes of forreigne Popish Princes embrace Popish Allyances 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 Seate of the Warre 4. The vast Debts of this Kingdome upon the Publique Faith will never be paid in Warre but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings every years Warre destroies more Families and makes more Malignants through discontenting pressures untill at last the Souldier seeing no hope of pay the People no hope of peace and case fall together into a generall and desperate tumultuousnesse the power of the Sword apparently thereatning a dissolution of Governement both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lend an eare to admit a thought towards the laying downe their owne 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 watsoever the King granted He might plead Force to breake it and spoyle us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoyling us by policy The Kings of this Land could never encroach upon our good Lawes but by corrupt Iudges and Ministers who though they could not abrogate the Law made it speake against it selfe and the intended good of the People or else by the power of Courtiers stopping the course of justice at the Councell Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Iudges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there Another Objection is That they had intelligence that had they been suffered to meet all in the House once more For this you must take the faith of the mysty brayned Pen-man vvho had this as vvel as many other grosse Lies by Revelation The Army had had the King in their povver and had the Parliament adjourned the sole povver of the Kingdom had been left in the Army vvhich is a thing aymed at by them it was designed to have passed some higher resolutions to lay farther foundations of a new quarrell so as to carry therein the name and countenance of Parliamentary Authority 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 Warre To this we say the House immediatly upon passing the Vote 5. Decemb. Sent a Committee to the Generall to conferre with him and his Officers and keep a good correspondency with them To which the Generall promised his readinesse 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 shewes they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custody 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 lâ—sse 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 appeares 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 judiciall way by competent Judges not preingaged In the meane time we conclude That Souldiers whose advantages arise by Warre are not fit to judge of the Peace of the Nation 74. A DeclaratioÌ„ by Mr. VValker and Mr. Pryn. The 19. Ian. 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 Faction now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pitying the bleeding condition and teares of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Lawes Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by cōcluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized Imprisoned 41 of the Members going to the House of Commons to doe their Duty secluded above 160. other Members besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their owne engaged party of 40. or 50. Members sitting who now passe Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their owne Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style af a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons doe declare protest That the said Generall Commissioned Officers Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged Warre and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament the Kings Person Authority in defence of Religion Lawes Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders Actings Passed and to be Passed by this nominall House of Commons are and will be void ab initio and all such as doe or shall obey them are and will be punishable both by the Armies owne judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We doe farther declare protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations the Protestant Profession Traytors against the Stat. of Treasons 25. Edw. 3. and against all Lawes and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation all the Parliaments Declarations Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposalls made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places Ianuary 19. 1648. William Pryn. Clem Walker About this time the Generall Councell of Officers at White-Hall ordered 75. The Coun of Officers order 2. Petit for the Com House 1. against Tyths 2. against the Stat. for Banishing the Ievvs 76. Col. Tichburnes Pet and Complaint against the Ld. Mayor their Orders thereupon The like Petitiōs vvere invited from most Counties vvhere a dozen Schismaticks and two or three Cloaks represēted a vvhole County That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Iewes Here you see they shake hands with the Jewes and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburne some schismaticall Common-Councell-men presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their owne Faction all others being displaced under the generall notion of Disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about foure or five daies after the Commons Ordered * See a just solemne Protest of the free Citizens of London against the Ordinance 17. Decemb 1647. disabling such as had any hand in the City Engagement to beare Offices That any six of the Common Councell upon emergent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Lawes and Reason of all our actions 77. An Act passed for adjournment of part of Hillary Terme
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to returne the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome being far the major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent Trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other Faction whatsoever which may arise should at any time hereafter get the upper-hand by the Peoples general adhering to them or any divisions of the Army or by any meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present Generall Councell of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnaturall tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
by the Parliament intrusted and employed for the safety of the Nation being by Him or is 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-pople 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 Warres 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 Warres and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischiefe to this Nation acted or committed in the said Warres or occasioned thereby And the said Iohn Cooke by Protestation saving on the behalf 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 crimes on the behalfe 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 every the premises That such Proceedings Examinations Tryals Sentence and Judgement 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 Common-wealth President Sir you have now heard your Charge you find that in the close of it it is prayed to the Court in the 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 agoe in the Isle of Wight how I came there is a longer story than I thinke fit at this time for Me to speake But there I entered 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 an treated honestly and uprightly I cannot say but they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawfull Authority there are many unlawfull Authorities Thieves and Robbers on the Highway I was brought from thence and carried from place to place and I know not what and when I knew by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinnes you bring upon your owne heads and the judgment of God upon this Land think well upon it thinke 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 discent 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 coming hither you would have knowne 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 doe tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therefore let Me know by what lawfull Authority I am called hither I doe stand more for the Liberty of My People then any here that come to be My pretended Iudges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Brash Sir How really you have managed your trust is known your way of Answer is to interrogate the Court which beseemes 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 doe not come here as submitting to the Court I will stand as much for the Priviledge 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 doe it to the last breath in My body As it is a sinne to with stand Lawfull Authority so it is to submit to a Tyrannicall or any otherwise unlawfull Authority Bradsh Brutish The Court expects your finall Answer and will adjourne till Munday next we are satisfied with our Authority that are your Iudges and it is upon Gods Authority and the Kingdomes and that peace you spake of will be kept in doing Iustice and that 's our present work Note So the Court Adjourned and the King was conducted back They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Iustice Iustice 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 Iustice The King only saying My Saviour suffered more for my sake VVhether this vvere the first day or aftervvards I knovv not 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 Ianuary 22. The KING was brought again to His Tryall 81. The second dayes Tryall of His Majesty Solicitour Cook 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 behalfe 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 doe That the matter of Charge may bee taken pro Confesso and the Court may proceede according to Iustice 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 behalfe 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 particular Answer to this Charge exhibited against You they expect you should eyther confesse or deny If you do deny it is offered in the behalf of the Kingdome to be made good against You VVithout any Lavv President rationall debaâ—e or Arguments to proâ—e it Oh brutish Tyranny Their Authority they doe avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therefore You are to give a Positive Answer King When I was here last its true I made that Question and truly if it were onely 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 Iurisdiction upon Earth but it is not My case alone it is the Freedome and the Liberties of the People of England and doe you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamentall Lawes of the Kingdome I doe not know what Subject he is in England that can be sure of his Life or any thing that he calls his owne Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against Me here and therefore 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 doe 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 doe is not agreeable to the proceedings of any Court of Iustice False You are about to enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisonner and are Charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I doe Plead for the Liberty of the People of England more then you do and therefore if I should impose a beleefe upon any Man without Reasons given it were unreasonable Bradsh Oh Brutiâ— Aâ—â—me Kingdome to be Governed by an up â—arâ— Authority vvithout use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against You. Sir The Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I doe not know how a King can be a Delinquent but by all Lawes that ever I heard all men may put in Demurrers against any proceedings as Illegall and I doe demand that if you deny that you deny Reason Bradsh Overrule a Demurrer vvithout Argument If a man may not Demurre to the Iurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurre to the Iurisdiction of the Court if You doe I must let You know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Iurisdiction of the Court they have considered of their Iurisdiction they doe affirme their owne Iurisdiction King I say Sir by your favour That the Commons of England were never a Court of Iudicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the People of England of High Treason and other high Crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you doe this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I doe require that I may give My Reasons why I did not Answer and
give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Iurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not be heard against the highest Iurisdiction King Shew Me that Iurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Iudicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I tooke defended My selfe with Armes I never tooke up Armes against the People but for the Lawes Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d daies Triall of His Majesty Tuesday Ianuarij 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cooke May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Barre before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to doe that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Standard for Warre against his Parliament and People and I did humbly pray in behalfe of the People of England That He may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Iurisdiction of the Court which the Court did then overrule and command Him to give a direct and positive Answer My Lord besides this great delay of Iustice I shall now humbly move your Lordship for speedy Iudgement against Him I might presse your Lordship upon the whole That according to the knowne rules of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a faire Triall that by an implicite Confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Barre hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the remnant of the Ho of Comm had fore judged the K ng before they erected this nevv Court to sentēce Him and claime a Jurisdiction as vvell as a Supreme Authority That the House of Commons the Supreme Authority and Iurisdiction 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 noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalfe severall Witnesses to produce and therefore I doe humbly pray and yet I doe confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Iustice and Iudgement and therefore I doe humbly pray that speedy Iudgment be pronounced against the Prisoner at the Barre Bradshaw Sir You have heard what is moved by the Councell on behalfe of the Kingdome against you you were told over and over againe That it vvas not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England frō vvhich there is no appeal touching vvhich there must be no dispute yet you did persist in such cariage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the high Court that constituted this high Court of Iustice 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 vvithall that they might in Justice and according to the rules of Justice take advantage of these delayes proceed to pronounce Judgement against you yet neverthelesse they are pleased to give direction and on their behalfe I doe require you That You make a positive Ansvver unto this Charge that is against you in plaine Tearmes for Iustice 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 speake for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Brad. 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 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 discourses till such time as You have given a positive Answer cōcerning 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 doe not know how to doe 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 doe 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 By your favour you ought not to interrupt Me How I came here I know not VVhether these breaches and interruptions vvhere made by Brad-shavv or vvehether they are omissions and expunctions of some materiall parts of the King's Speech vvhich this licenced Pen-man durst not set dovvne I knovv not I heare much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes 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 brought hither 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 Clercke doe your Duty King Duty Sir The Clercke reades 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 beene committed to Mee I would doe it but to acknowledge a New Court against their Priviledges to alter the Fundamentall Lawes of the Kingdome Sir you must excuse Me. Brad. 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 knowen by their Actions you have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clarke Record the default and Gentlemen you that tooke Charge of the Prisoner take Him back againe So the King went forth with His Guardes and the Court Adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England Saturday 27 Ian. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes 83. The fourth last dayes Triâ—ll of His Majesty after him 67 CoÌ„missioners 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 Iustice Iudgement 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 Prisoner at the Barre 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 farre from obeying the Commands of the Court by submitting to their Iustice 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 Iudge 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 wilfulnesse prevent Iustice 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 beene minded of at other Courts that if that which You have to say be to offer any debate concerning the Iurisdiction You are not to be heard in it You have offered it formerly and you have strook 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 doe 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 heare 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 Conscientie 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
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 lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these 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 fundamentall Lawes of this Kingdome 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 cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout 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 sit to be inflicted on them shall speake 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 feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street 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 Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke 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-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties 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 Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke 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 leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
most infamous perfid ous and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the Contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanors by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion 110. Six propositions of undoubted verity Another Paper not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of ⧠Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians Every act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to Confer with Him as His Parliament and Councell about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4 C. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the Great Seale of England Iudges of the Kings Courts Iustices of Peace Sheriffs Excise-men Customers and the like with all Committees and Ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be Continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdoms Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Jllustrious Charles Prince of VVales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any Ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Iacobi ch 1. and by all the Iudges of England since Coke 7. Report f. 10 11. in Calvins Case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their bloods to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through faire terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested onely in the Lords and Peers of the Realme being by Inheritance Custome and Law in such case the Kings and Kingdoms great Councell to whose lawfull Commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realm and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse than High Treason and so declared resolved by the last Parliamt in the Cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or Peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge than the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the worke of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Iudges Iuries and Officers 113. Powers given to the Councel of State 14. Febr. The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shal think fit 4. Power to sit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their Command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oathes for both were reformed according to the Godly cut VVhen the Committee of State vvas nominated in the House 114. An expurgatory Oath put upon the Councell of State scrupled by some of the Members and moderated by Cromvvell in opposition of the Levellers divers
Gentlemen of the best quality vvere named vvhom they could not omit because they had sate vvith them and concurred in all their great debates although they had more confidence in those petty Fellovves vvho had or vvould sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbeare they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation vvhereby they should Declare That they approved of vvhat the House of Commons and their High Court of Iustice 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 Chair-man 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 shall doe for the future but could not confirme what they had done in relation to the King and Lords so it vvas referred to a Committee to consider of an expedient Cromwell having made use of the Levellers Assertors of publique Liberty to purge the House of Commons 115. Cromvvels usurped povver VVhen the House of Commons opposed Cromvvells and … on s designs they cried up the Liberty of the People and decried the Authority of Parliament untill 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 Authority 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 Protestants of Germany and then used an Army of Protestants to subdue and imprison the Pope and abolish the Lords House doth novv endeavour to cast dovvne the Levellers once more finding himselfe raised to so great an height that he cannot endure to thinke of a levelling equality he oversvvaies the Councell of VVarre over-avves the House of Commons and is Chair-man and Ring-leader of the Councell of State so that he hath engrossed all the povver of England into his ovvne 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 ovvne more Lordly Interest he procured an expedient to Alter and Reforme the said Oath vvhich at last passed in this forme follovving February the 22. 1648. 116. The forme of the said reformed Oath I A.B. being nominated a Member of the Councell of State by this present Parliament doe testifie that I doe 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 Councell 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 doe 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 therein faithfully pursue the Instructions given to the said Councell by this present Parliament Here you see a curtaine drawn between the eys of the people 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 Councell without the command or direction of the Parliament or without the order or allowance of the major part of the Councell 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 VVar debate to massacre the Kings party See Will Sedgvvicks Iustice upon the Armies Remonstrance About this time it vvas debated at the Councell of VVarre to Massacre and put to the Sword all the KING's Party The Question put vvas carried in the Negative but by tvvo Voices You see vvhat Furies pursue these sinfull VVretches and vvhat dangerous rocks they dash upon in order to that base and covvardly principle of Self-preservation 118. Schismaticall Petitions for 2. or 3. principall Gentlemen in each Country to be brought to justice The Army hath in every County of England packs of schismaticall Beagles vvhom they hollovv on to hunt in full crie by Petitions to the House after the bloud of such vvhom 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 Iustice 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 ovvne charge 119. Marchants arming Ships for this Summers Fleet. The prodigious High Court of Iustice vvas revived in order to the Triall of the Earle of Holland the Earle of Cambridge the Earl of Norwich the Lord Capel and Sir Iohn Owens 120. The High Court of Iustice revived the Commissioners vvere changed that they may engage as many men in arbitrary illegall tyranny and bloud-shed as they can Hamilton vvas exceedingly importuned by Cromwell vvho tooke a journey to VVindsor 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 Hamilton this he either could not or vvould not doe he had in order to his ovvn ambition first exasperated the Independent party against the KING and aftervvards 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 vvould but set a glosse upon the Independents intended severity against him Being brought to St. Iames'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 vvith soft language at the Barre the Lord Gray of Grooby Col VVayte and Hugh Peters gave him hopes that they vvould not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notvvithstanding Colonel VVayte vvhen he made Report to the House of Commons hovv he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Iudges of the force Treasonable they deny they sit novv under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His Person but in His Office 135. The Councell of Officers endeavour to joyn Interests with the Papists in England Ireland The KING had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt for the Army from Paris to an Independent Member of the House of Commons a Creature of the Army bearing Date 28. Nov. 1648. and printed at the latter end of The True and full Relation of the Officers Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to
knowne Lawes of the Land which is onely due to the King His lawfull Heires Successours thereto we are sworne nor are the particular Powers Authorities granted by this Parliament to the said Keepers of the Liberties of England Councell of State yet any where authentically published made knowne to us by any avowed Act unlesse we shall account their Licenced 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 enstave us they would set us free have brought us so farre 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 drawne from us our money and bloud they now deny us the use of reason and common sense belonging to us as Men Governe us by arbitrary irrationall Votes with which they baite 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 stirre up the People against their Authority is hereby declared Treason marke 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 Keepers of the Liberties of England or Councell of State shal 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 the Case of Lilburne 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 Wives Brothers 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 the Father or Master endeavour to withdraw him from so plundering and roguing a kind 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 Soldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their conterfeit 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 nor 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 jubeo it shall be Treason because they vvill 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 Liberties must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants Members of the Army vacates all our Lawes Liberties Properties and destroies our Lives Behold here a short view 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 See 1 H. 4. c. 10. â—1 H. 7. c. 1. Declares 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 leavie Warre against the KING or adhere to His Enemies in his Realm and thereof be proveably attainted of open deed by people of their condition 4. To counterfeit the KING' 's Great or Prive Seale 5. Or His Money 6 To stay the KING'S Chancellour Treasurer Iustices of one Bench or other Iustices in Oyre Iustices in Assize and all other Iustices assigned to heare and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the 4 Lords ought to have been Tried not by a new shambles of justice doth happen before any Iustices the Iustices shall tarry without any going to Iudgment of the Treason till the Cause be shewed and declared before the KING and His Parliament not before the House of Commons onely or before both Houses without the KING whether it ought to be adjuged Treason You see how few in number these Treasons specified are and that they must be attainted of open deed by their Peeres our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem speaking of Treasons facta arguebantur dicta impune erant These horrible tyrannies considered and being destitute of all other lesse desperate reliefe I doe here solemnly declare and protest before that God that hath made me 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 Iudge or Iustice shall give Sentence of Death upon any Friend of mine upon this or any other illegall 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 exemples of Sampson Iudith Iaell and Ehud and by Ponyard Pistoll Poyson or any other meanes whatsoever secret or open prosecute to the Death the said Iudge and Iustice and all their principall Abettors and I doe hereby invite and exhort all generous free-borne English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramentall 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 illegall and tyrannous Usurpations 162. A motion to enlarge Sr 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 Generall 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
but without that of the Person dis-inherited after the Fine paid in three yeares to pay the costs of building of it in six yeares or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earle of Leicester to pay two yeares Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entered Northampton yet fought not but entered the Church 16. Such as held not of the Earle yet at his command entered to the action with him to pay half one years Revenue 17. Such as held of the Earle to be onely at the Kings mercy 18. Impotent Persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punisht by Law yet without losse of life or limb 19. Malitiously accused to have their Estates immediately restored 20. Women to have their owne Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been Pardoned to remaine so 23. Those that are fined to answer no Losse done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publique Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Trouble sby any to whom he ought to Succeed You see what great care was here taken to prevent spoyle and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to Keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. Iune 178. The losse of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admirall Col. Edw. Popham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismall Relation of his ill successe in tampering with the Governour of Kingsale in Ireland who proving honester than rhe Saints expected tooke a summe of money of him to betray the Towne Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livory and seasin and divers Ships he was commanded to conceale this Ill newes lest it discouraged the City to engage so farre with them as to entertaine them in the condition of a Free-State and surrender the Sword to them and so spoile the Designe of their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of Iune and lest it should dishearten more secluded Members from comming to sit in the House with them againe knowing tbat Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Iune Popham made another kind of Report to the Plebeians of the Commons House who must not be trusted with the truth of State-mysteries but like Wood-cocks must be led in a mist Thvt he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietnesse and the better to adorne the fable and suppresse the truth from approaching the ears of the people the House that day 5. Iune passed an Order That for this remarkable additionall mercy bestowed upon them in the prosperous successe given to their Fleet at Sea upon Thursday next 7. Iune the day set apart for publique Thanksgiving the Ministers should praise God Lord since these audacious Saints are so thankfull to thee for one beating bestow many more beatings upon them for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like successe since which time forty sayle of Ships are pressed in the Thames to recruit their shattered Navie Scout from Iune the 8. to 15. 1649. given forth to be a Winter Guard at Midsomer 179. Gifts given amongst the Faction Iohn Blackiston is packed away to the other world and the House upon 6. Iune voted to his Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the losse of his pedlery Ware in his Shop at Newcastle he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead 500 l. more was given to Iohns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 4000 l. per ann Lands are to besetled upon the Generall out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon-Parke upon the Earle of Pembroke 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services 4868 l. to the Lord Lisle out of the Monthly Assessment for Ireland for his penny-worth of good service done there you see to what purpose we pay Taxes 2000 l. Land per an and 1000 l. Money given to Bradshaw the price of Bloud And 400 l. more given to the Poor of the City to stop their mouths from cursing upon the Thanksgiving-day out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government this is according to the Spanish Proverb To steale a Sheep and give away the Trotters for Gods sake You
consummated 2. That He might when He pleased inlarge cleer the truth with the reservednesse of His meaning herein by publique Declaration Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocall Proposalls are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Laws are condemned by many Lawyers Polititians Est nihil frigidius Lege cum Prologo jubeat lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the Body of the Text. So in the Lawes of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Lawes least in account nor never had the force of Lawes There 's not a syllable in this Preface which Repeales any former Law inflicting a Penalty upon such Subjects as beare or raise Armes against their KING nor those Laws which è contrario exempts from punishment all Subjects adhering to the Person of the KING in any Cause or Quarrell Whereas the said Preface saith the two Houses were necessitated to make a Warre c. This may relate to a necessity à parte post not à parte ante self-defence is the universall Law of nature extending to all Creatures it is non Scripta sed nata Lex Therefore when the two Houses or rather a schismaticall Party in them had brought upon themselves a necessity of Self-defence By raising Tumults c. His Majesty was contented to acknowledge that necessity If one Man assault anothar upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his owne defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriages Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civill Warres with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like Extenuations are not unusuall at the close of Civill Warres and the onely use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Lawes to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and Warre like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or His Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Bloud upon His score my Author having cleered his way to his farther Inquisition after Bloud proceeds and tells you Belw Cap was the first that opened the Issue of Bloud by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to cleer him my Lord Macquire upon the Ladder and another upon the Scaffold did freely and cleerly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Authour winds up the causes there of upon one bottome Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitique harsh Answer 3. They who tooke off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earle of Leicesters going into Ireland 4. They who hindered part of the Disbanded Army of 8000. Men raised by the Earle of Strafford being Solders of Fortune to go serve the Spaniard as His Majesty had promised the two Spanish Ambassadours 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 Bloud of above 10000 Protestants who perished in that Warre 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 Warre kindled in England the Authour confesseth it was a fatall 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 foure parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Burges and a Designe to seize the Kings Person yet its fit it should be remembred 1. What reiterated Messages His Majesty sent offering to returne if there might be a course taken to secure His Person with those Peeres and Commons rioted away 2. That there was not the least motion towards Warre untill 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 Counsellours 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 yeares after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forraigne Force to help them and whose Commissions of Warre were near upon two yeares date before the Kings 6. That in all His Declarations He alwayes protested He waged not Warre against the Parliament but against some Seditious Members against whom He could not obtaine Common Iustice 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 freedom of Trade from Town to Town Acessation 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 aime 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 Cbief 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 Crowne and every thing that was personall to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegeance Contrary to the Whole Current of the Law which saith The King can doe no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Elizab. lay because the Crown wyped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad paenam quod Deum expectat ultorem If therefore by the Lawes of the Land all men must be Tryed by their Peeres and the King have no Peere what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Iudges and to Erect an unpresidented Tribunall without the least Foundation in Law with power and purpose to condemne all that came before it and that Sentence of Death should passe without conviction or Law against the Head and Protectour of all our Lawes and Fountaine of Iusticc and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. M. Pryns excellent Book entituled A legall Vindication of the Liberties of England Against illegal Taxes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegall Tax of 90000 l. a Moneth imposed upon the People by a pretended Act of the Commons bearing Date of 7 Aprill 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamentall Lawes and known Statutes of this Land No Tax c. ought to be Imposed or Leavyed but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realme in a free and full Parliament See Magna Charta 29. 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21. Edw 3 Rot. Parl. nu 16. 25 Edw 3. c. 8. 36 Edw. 3. Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loanes 3. Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwell in his Argument against Impositions Iudge Hutton and Crook in their Arguments Mr. Saint Iohn in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Edw. Cook in his 2 Instit pag. 59 60. 527 528 529. 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actuall dissolved above two monethes before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cookes 4. Institutes p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliament according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3 which are Summoned and Constituted onely by his Writ the Writ is actually abated by bis Death 1 Edw 6. c. 7. Cookes 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission 19. 21. It appeares by the writs of Summons to the Lords Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Common wealth formally it cannot be the same the King the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmaticall Taylors in the House who can make a garment fit for all states of the moon and a Parl. fit for all changes of the State Crompt Iurisdiction of Courts fol. 1. Cookes 4. Instit p. 9. 10. and of Elections and leavying their Wages That the Parliament was onely Parliamentum nostrum the Parliament of the Kings that 's Dead not of his Heires and Successours They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heires and Successors of great and weighty Affaires concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2 Dors Claus Regist fol. 192. 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revivall The Parliament is determined thereby especially as to those who have Dis-inherited his Heires and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Iudges Iustices of the Peace Sheriffs made only by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Iustitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7 Rep. 30 31. 1. Ed. 6. c. 7. Daltons Iustice of Pace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of this Parliament 17. Car. That this present Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4
Councell of State 3. Parliament and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News-Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a Month before He died resolutely Observe the thing aimed at in this new forme of Endictment of High Treason for leavying warre against the King and Parliament is first that the word King may hold in the Edictment which otherwise would be found to have errour in it and though the word for Leavying Warre against the Parliament be a vaine surplusage signifying nothing yet at last by help of their owne Iudges new-made presidents to leavy warre against the Parliament shall stand alone be the onely Significator and take up the whole roome in the Edictment and thrust the word King out of dores and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tryed like a Soldier by a Councell of Warre alleaging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the Generall and his Councell of Warre desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the fountaine of Iustice nor the safety of the Common-wealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Iudges accordingly O serviceable Iudges so the Generall was overborne by this Dray-man This fellow sitteth frequently at the Sessions-house in the Old Bayly where the weight of his Slings turneth the scale of Iustice which way he pleaseth Col. Prides's Dray-horses 210. Capt. Plunkett and the Marquesse of Ormonds Brother voted to be Tryed the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have Voted that Capt. Plunkett and the Marquesse of of Ormond's Brother Prisoners in Ireland shall be brought to Tryall If the King's Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their owne privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Booke called 211. An Our crie of the young Men and Apprentises London concurring with those fasly called Levellors An outcrie of the young Men and Apprentises of London Or An Inquisition after the lost fundamentall Lawes and Liberties of England truly Pathetically setting forth the slavery misery danger of the Common Souldiery People of this Nation and the causes thereof well worth the reading About this time came forth an Act for sooth for the speedy raising and leavying money upon the Excite 212. Excise that is as the Act telleth you upon all and every Commodities Merchandizes Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eate drinke weare or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devoures in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personall to be paid and leavied with rigor And to make every mans house lie open to be searched by every prowling Rascall as often as he or they please 213. Foraigne Plantations The Traytors Tyrants and Thieves the Commons in Colonel Prides Parliament assembled are now againe frighted into a consideration of Foraigne Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine devide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labors the better to accommodate themselves there In the Act for sale of the Kings Queens and Princes personall Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their owne Plantations under pretence of sale the rarest and choicest of the Kings Gods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cousening the Souldiers c. That they may transport the whole wealth of the Land with them and leave England naked disarmed and oppressed with famine and disabled to pursue them for revenge or recovery of their losses 214. More Guifts to the Faction The said Commons are never wearied with exercising their bounty amongst their owne Faction out of the publique purse about 1300 l. to Col. Fielder to Scobell their Clerke heretofore a poore under-Clerke in the Chauncery who writ for 2d. a sheet besides an employment he hath already in the sale of publique Lands worth 1000 l. a yeare a Pension of 500 l. a yeare and a Noble Fee for every Copie of an Order taken forth toties quoties although most of their Orders containe not above three or four lines an extortion farre surmounting the Starre Chamber or Councell Table of which themselves so much complained the Diurnall tells you Numb 319. from Monday Sept. 3. to Monday Sept. 10. an Act was read for satisfying the sufferings of two Members who have been in the late Warre damnified many thousands these I conceive to be Sir Tho Iervys and Mr. Robert Wallope this satisfaction must be made out of the publique purse which must be filled by Taxes againe out of their private purses who have lost as well as they without satisfaction or hopes of satisfaction notwithstanding many Votes that all should be satisfied O Cromwell hath reduced the Officers in Col. Jones his Regiment and other Dublin Regiments 215. O Cromwell reduceth Iones own Regiment and other Regiments in Dublin Let Sir C. Coote and his Regiment in London-derry expect the like notwithstanding their valour fidelity shewne in raising the Siege of Dublin you see he will trust none but his owne immediate Creatures this Faction casts out all other men as Quicksilver spues out all other mettals Gold excepted so that by this and many other examples they may see that all their faithfull services and bloodshed are poured into the bottomlesse tub of oblivion as their Arreares are cast into the bottomlesse bagge of the Publique faith Sunday 9. Sept. 1649. 216. A violent irruption of the Parl Ianisaries upon the Protestants at Church in St. Peters Pauls-wharfe Sunday morne 9. Sept. 1649. At the Church of Saint Peters Pauls-wharfe Master Williams reading Morning Service out of the Booke of Common-prayer and having prayed for the KING as in that Liturgy established by Act of Parliament he is enjoyned Six Souldiers from Saint Pauls Church where they quarter came with Swords and Pistols cocked into the Church commanding him to come downe out of the Pulpit which Williams immediately did