him and then the Mayor conducted them all to Christ-Church where the Commons Councel of State General and his Officers together with the Mayor Aldermen and Common Councel c. mocked God with their Devotions where Mr. Tho. Goodwin and Mr. Owen preached out of the Politicks to them from thence they were conducted to a great Dinner at Grocers-hall and entertained in the quality of a Free State no man bring admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cook had an Oath given to be true to them which shâ—wed they had more of fear and guilt thah of confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromw l and to others fit to be chronicled in Stowâ— and Hollingsheads Volumes 177. A necessary advertisement to all honest Presbyterians See K. Charles the first his book The Portraicture of his Majesty in his solitudes sufferings Some over-hastily expect the King should satisfie the Presbyterians by his Declaration but the height of the Independents malice their guilty fears are such as may endanger the d awing on a Massacâ—e upon them by such a course amongst other solemn Fooleries let it not be omitted that Hugh Peter and many other Saints were too full of the Creature anglice Drunk I am to give a necessary advertisement to all men that though the young King shews much respect and a desire of reconcilement according to his dead Fathers never-dying precepts to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the undermining practises of our new Statists that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians as against the Independents who murdered his Father but these zealous Royalist are either some passionate light-brain'd men of little discretion and less power with him or else some false-hearted Penâ—ioners to our new State and such as have under-hand an Indemnity for their own Estates in England who stand like Scar-crows about His Majesty to fright away such as return to their Loyalty and tender their due Allegiance to Him thereby to weaken the hands of his Majesty and cut off the hopes of this Nation from depending upon him who as our undoubted Sovereign both by the Laws of God and the Land and Gods Vice-gerenâ— in His three Kingdomes onely can and will if we forsake not him and our selves free and protect us from the many-headed miserable arbitrary tyranny we now starve and bleed under and restore unto us again our Religion Laws and Liberties our Wives Children and Estates Trading Husbandry peace and plenâ—y now held in more than Aegyptian bondage by our cruel bloody and thievish Task-masters See a Book entituted His Majesties gracious Messages for peace Mr. Pryns Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councel of War Remember his deceased Majesties gracious Messages frequently sent for peace and reconcilement Remember His Concessions to His Parliament upon the last Treaty more than ever any King granted to His People Remember His pious meek and Christian Martyrdome suffered for His People which bitter Cup had passed from Him if He would have built up and established this Babel of Tyranny now insulting over us and have turned our wel-mixed Monarchy into an Olygarchical legal Tyranny by adding His Royal Assent to their wicked Demands tendered to Him but two dayes before His Translation from this valley of teares Remember His Posthumus Book to His Son full of Precâ—pts savouring meerly of piety Christian wisdom charitie and forgiveness to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one War beget another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the natural Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance and Stat. of Recognition 1 Jacobi the putative Patent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Son as having sworn to hear faith and true Allegiance to the King his Father and to his lawful Heirs and Successors which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their own Souls as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Arms of his Dâ—ead Majesty our present KING as the only sanctuary of their salvation and not suffer themselves to be so far mis-led by vain reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Sâ—lomon hath shewed you out of the Cabinet of Nature the difference between a Natural-mother and a Step-mother Dictum de Kennelworth and that you may see the difference between a natural King correcting his own people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his own his fellow-servants for his lust and lucre sake I will set down a short Abridgement of our own famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earl of Leicester conspiring with many other great men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publick Grievances He overthrew the King in battel took Him and his Son Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battel of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Cummissions were sent forth to prevent future troubles and settle mem minds grown desperate with fear what horrid punishents so horrible a Rebellion would bring upon them The result of all is contained in the said Dictum de Kennelworth as I find it in Magna Charta veteri fol. 60. part 2. observe the moderation pf it No man bled to death for it but in the field the blood of war was not shed in time of peace the King did not slay those whom he had taken with his Sword and with his Bow but reasonably fined them not unto destruction though the known Laws called them Traitors See the late History of the Marquess of Montross what gentle use he made of his Victory after he had subdued the strength of Scotland at Battel of Kylsythe and put them into his power for life lands and goods they were but once punished not always tormented and kept upon the rack after the late custom of our fellow-Servants and Subjects who will never suffer the partition-wall between us to be thrown down England once more to become one Nation and one people and our broken bones to
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl 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 lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. 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 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members 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 Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws 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. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern 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 loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation 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 National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom 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 own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. 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. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. 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. 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 House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son 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 Reign 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 with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and 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. Jan. 1648. with much ado got printed their Vindication against the Aspersion 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 sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break 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 self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween 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 Kingdom 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 solemn 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
Lawyers in the Councel of State to do any thing effectual that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchical tyranny and lesse agreeing with Monarchy 4. That they will consider what Lawes are fit to be repealed That is all Lawes enjoyning uniformity in Gods Worship all Monarchical Lawes and all Lawes allowing more civil Liberty and Priviledges to the People and to several Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Dean and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoiled for sale of Dean and Chapters Lands wherefore the Saints being the onely monied men left in the Kingdome have now agreed to buy them themselves considering that since they hold their Heads and all that they have in Capite of their Lords Paramount the Councel of Officers they may as well buy dog-cheap and hold Deanes Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arrears at 5 s. and 6 s. in the pound though they are allowed the whole summ of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it down from ten years purchase to two or three years purchase They are not seen in the business themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humpâ—rey Edwards and Sir Greg. Norton who hath sold his own Land to purchase new upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remediless Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The General hath ordered the next Officer in chief to cause double damages to be given by the Souldier and if the said Officer neglect he is to answer it at a Councel of War at the Head Quarters This remedy is worse than the disease and as meer a gullery as the Act for taking off Free quarter The chief Officer will laugh at the Complainant the Head Quarters are far off and the Councel of War will tire him with delays and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earl of Denbigh and Henry Martin referred to Committees The Earl of Denbigh referred to the Committee of the Revenue to consider the Arreares of his Embassie in Italy and of his 1000. Marks per ann pension bestowed upon him by the late King If his deserts had been better his Reward had been worse and worse paid Also Henry Martins Losses and Arreares referred to the consideration of a Committee If the Committee would know what Harry hath lost they must examine his Barber-Surgeon Rowland Wilsons Arrears and Losses and the L. Gray's Charges and Arreares to be considered and reported you see charity begins at home and the Members exercise it for the most part in their own House 194. The Councel of State authorized to grant Letters of Marque June 25. An Act passed to enable the Councel of State with absolute power to grant special and particular Letters of Marque or Reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councel of State to make War at Sea with all Princes and States at their discretion they have already so far decayed all the Trade of this Nation that ere long Traffique will be totally destroyed whereby our Sea-men with their Ships will be necessitated for want of employment to revolt to the PRINCE to prevent which inconvenience they will find work for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will amount to a General practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyratical War upon England as against a Den of Theeves and Robbers Common Enemies to Traffick and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatick Pyrats Captain Younge hath blown up with Gun-powder a Ship of the Princes called the Antilope 195. Cap. Yongue's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under the protection of the States of Holland whereby the Chamber of Holland and the honour of their Inland Sea is ravished from them By this and by some former actions of the like insolency as the firing upon their Ships and killing their men for not striking Sail to them you may see what good Neighbourhood the Dutch are like to have of their younger brother State when they are once setled and confirmed in their yet infant Government even the very same which the Carthaginians found after the new erected Commonwealth of Rome grew up to maturity which proved so dangerous a Competitor in point of power profit and honour as buried the more antient Free-State of Carthage in its Ruines Free-states especially Aristocracies are very quarrelsome with their Neighbours and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars and therefore seek occasions of quarrel with their Neighbours such was the whole Family of the Barchines at Carthage the Scipio's Fabii Camilli Crassi Pompeii Casares and many more at Rome Thus was Greece torn in pieces by its Free-states The Commons have bestowed St. Crosses Hospital upon Cooke for acting the part of an Attorney General against the late King It is fit every Judas should have his reward 196. More Gifts to the Godly the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner that the new-packed Court of Aldermen and Common-councel may not want Venyson to fill their Wives Bellies nor they Brow Antlers to hang their Hats on 197. Order 9. June 1649. referring all secured and secluded Members to be examined before a Committee The 9. June the Commons about 46 in number had passed an Order concerning their secured secluded and absented Members and referred all such as had not already entred their dissent to the Vote 5. Decem. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of June instant or else the House would take order for New Elections This was to bring the said Members 300 in number at least to the winnowing that they might admit such as were for their turn to recruit their thin House and expel the rest few repaired to them and of those very few were chosen the Speakers Son Sir John Treavor who hath a Monopoly of 1500 l. per
with him to refrain from weeping coming to the front of the Scaffold Lo. Capell his speech before his death he spoke to this purpose That he would pray for those that sent him thither and were the cause of his violent Death it being an effect of the Religion he professed being a Protestant with the profession whereof he was very much in love after the manner as it was established in England by the 39. Articles That he abhorred Papistry relying only on Christs merits That he was condemned to dye contrary to the Law that governs all the World that is by the Law of the Sword the Protection whereof he had for his Life yet among Englishmen he an Englishman acknowledged Peer condemned to dye contrary to all the laws of England That he dyed as to the cause he fought in for maintaining the fifth Commandement injoyned by God himself the Father of the Country the King as well as the natural Parent being to be obeyed thereby That he was guilty of Voting against the Earl of Strafford but he hoped God had washed off the guilt of his blood with the more precious blood of his Son That his late Majesty was the most vertuous and sufficient known Prince in the World God preserve the King that now is his Son God send him more fortunate and longer dayes God restore him to this Kingdom that that family may reign till thy Kingdom come that is while all Temporal power is consummated God give much happiness to this your King and to you that in it shall be his subjects That he did again forgive those that were the causers of his coming thither from his very soul so praying again for the King and his restoration and for the peace of the Kingdom he finished his speech L. C. his carriâ—ge Then turning about to the Executioner he pulled off his doublet when the Heads-man kneeling down Lord Capell said I forgive thee from my soul and shall pray for thee There is five pounds for thee and if any thing be due for my cloaths you shall be fully recompenced And when I ly down give me a short time for a prayer then again blessing the People very earnestly and desiring their prayers at the moment of death he said to the Executioner you are ready when I am ready are you not then as he stood putting up his hair with hands and eyes lift up he said O God I do with a perfect and a willing heart submit to thy will O God I do most willingly humble my self so kneeling down and fitting his neck to the block as he lay with both his hands stretched out he said When I lift up my Right hand then strike When after he had said a short prayer L. Capell beheaded he lifted up his right hand and the Executioner at one blow severed his head from his body which was taken up by his servants and put into a Coffin Having thus brought to pass their bloody purpose shortly after they acquitted the Lord Goring and Sir John Owen as to their lives but seized upon all they had according as they did upon most of the Estates of the Nobility and Gentry throughout England for such now was their unsatiable malice that they thought it not enough to ruine and destroy the heads of Families but The barbarousness of the faction with divellish rancor endeavour to blot out the name and memoriall of Posterity by such unheard of cruelties and barbarous actions as would make a Savage Scithian or Barbarian blush to think on so that we may say with Cicero in the like case Rem vides quomodo se habeat orbem terrarum Imperiis distributis ardere bello urbem sine legibus sine judiciis sine jure sine fide relictam direptioni incendiis Which indeed is the very present case Thus did they grow from bad to worse acting rather like butchers then Men each one of them proving to all about him a devouring wolfe whose insatiate gorge was never filled with his pray so that having in effect the mastery of them whom they called their Enemies like true thieves they fall out about parting the stakes The Army and Independent close the Presbyterian faction will brook no superior the Independent no equall upon these terms stands the Kingdom divided when the later grown now more powerfull by the additon of the Army whose guilt in the murther of the King had suggested to them that the only way to save and raise themselves was to confound and reduce all things else to an Anarchy In pursuance of which Principle they at last proceed against the very root of Monarchy and after many uncouth debates resolved that the Nation should be setled in the way of a free State Free-state appointed and Kingly government be utterly abolished Now was the stile in all proceedings at the law altered the seals changed and the Kings armes and statues in all places taken down that so their seared consciences might not at the sight thereof be terrified with the sad remembrance of their committed crimes And that no sparke or attendant of antient Majesty might be left remaining soon after they vote the house of Lords to be burdensome and useless Lords house voted useless and that the People might understand their meaning also on the 21th of February they proclaim at Westminster and send it to the City the next Day to the like purpose but the then Lord Mayor refusing to do it as being contrary to his honour conscience and Oath rather chose to suffer an unjust imprisonment which he did in the Tower Any honest Man would have thought this example would have put a stop to the attempt of any villain for the making that proclamation but so farr were they from being deterred that they rather grow more implacable and having found some hair brained and half decayed Cittizens out of them one is set up as a mock-Mayor who being a fellow fit for their turns after a short complement or two with the Juncto The Proclamation against Kingship he enters the Stage and Proclaims the abolishing of Kingship and the House of Lords Having thus brought their design to some kind of maturity they find another invention to be as a Shibboleth a mark of distinction between themselves and other men The engagement a mark of distinction and that was the engagement forsooth whereby every man should promise to be true and faithfull to the Common-wealth of England without a King or house of Lords and he that would not subscribe to this was forced either to fly or which was as bad to stay at home and have neither the benefit nor the protection of the law of the land nor any advantage either of his liberty or Estate Now might you have seen Vice regnand and nothing but Schisme and faction Countenanced now might you have beheld England sometime the Glory of the World now become its by words the name of
and legal way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most material He denied he was more frequent at their meetings than ordinary For his silence he alleged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and reprehensions in his Speech to them So the Recorder withdrew And presently Haslerig according to his custom moved judgment might be given against him To which was answered that the Recorder denied the principal parts of his Charge and offered proofs by Witnesses you must give him that leave or take all parts of his speech for granted as well that makes for him as against him Two or three days more will make this business ripe for judgment let him have one judgment for all If you judge him now to be expelled the House he is already fore judged and that will be a leading case to a farther judgment for who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation and shall never know when he hath sati fied the Law an endless vexation Yet Haslerig moved he might receive judgment now for what was already proved or confessed to be expelled the House saying The Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and farther impeached hereafter Against S John Maynard Sir John Maynnrd the same day was called to Answer He desired a copy of his Charge with leave to Answer in writing by advice of Counsel as the 11. Members formerly did to examine Witnesses on his part and cross examine their Witnesses But these requests were denied and he commanded to Answer ex tempore He gave no particular Answer but denied all in general as Col. Pride whom he cited for his president had formerly done at their Bar. He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary General Copley whose case differed little Against the 7. Lords The 8. of Sept. the Earls of Suffolk Lincoln Middlesex the Lords Berkley Willioughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for leavying War against the King Parliament and Kingdom The Earl of Pembroke then sent to Hampton Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelin the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rod and so the engaged Lords had their House to themselves according to their desires 50. Schismatical Petitions The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from the Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Ox fordshi Bucks Berksh was delivered to the House against divers Members sitting in the House Enemies to God and Godliness Enemies to the Kingdom c. Usurpers of Parliamentary authority who endeavoured to bring in the King upon his own Tearms They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of Tythes c. in it Such another Petition came but the day before from Southwark These Petitions were all penned by the engaged party of the Houses and Army The aym of these Petitions and sent abroad by Agitators to get subscriptions The design was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the ingaged party but 59. to expel the greater party being about 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army dayly recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the sea is the common Receptacle of all waters because those who had no hopes to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to Petition against Tythes Enclosures and Copy-hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the Land from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interlopping discourses omitted Against the Lord Major Aldermen and Citizens let us again return to these prodigious Impeachments The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor-general Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Commons Bar to see what they could say for themselves contrary to Magna Charta 29. ch and contrary to 28. Edw. 3. enacting That no man shall be put out of his Land c. nor taken nor Imprisoned c. or put to death c. without being brought to answer by due process of Law That is according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ oâ—iginal according to the old Law of the Land not according to new invented Articles of Impeachment but according to those Laws that were well known and old in Edw. 3. time See Stat. 37. Ed. 3. 1. Ed. 6. ch 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith No man shall be taken by Petition or suggestion made to the King or his Counsel c. and the House of Peers is no more but the Kings Counsel as anon I shall make evident 51. Arguments against impeachments before the Lords It was moved by divers that these Gent. might be tryed according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and Equals to judg of matter of fact alleging that the Common Law was the Birthright of all the free People of England which was one of the 3.
Principles for which the Parliament so often declared in print that they fought and for defence whereof they had entered into a covenant with their hands lifted up to God the other two principles were Religion and Lâ—berties 1. The Lords were not Peers to the Commoners At the common Law they shall have sworn Judges for matter of Law of whom they may ask questions in doubtfull points nor can they be Judges in their own cases 2. They have sworn Jurors of the Neighbourhood for matter of fact whom they may challenge 3. The known Laws and Statutes for Rules to judg by which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason And if you could to do it Ex post facto is contraty to all rules of justice The Apostle saith sin is a breach of a Commandment or Law I had not known sin but by the Law the Law therefore must go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon Oath before the accused's face who may except against them and cross examine them 5. Even in Star-chamber and Chancery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryal and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the Law yea he had Law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay whose very names are concealed yet Naboth was murdered by the sword of Justice for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too non recurrendum ad extraordinaria quando fieri potest per ordinaria But all this was but to charm a deaf Adder 52. Arguments proving the Lords to have no power of Judicature over the Commons the nine or ten engaged Lords that then possessed the House were thought to be fitter than a Jury of Middlesex to make work for the hang-man and yet they have no Judicature over the Commons as appears by the President of Sir Simon de Berisford William Talboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued than a hundred for it because the Court cannot be supposed ignorant of the Law and its own rights but a particular man or Client may see Sir John Maynard's Royal quarrel and his Laws subversion Lieutenant Col. Lilburn's Whip for the present House of Lords and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament dated 21 Feb. 1647. As for the cases of Weston Gomenes and Hall cited by Mr. Pryn they were for facts done beyond Sea and before the Stat. 1. Hen. 4. ch 14. whereof the Common Law could then have no connusance and therefore an extraordinary way of proceeding before the Lords was requisit and by the Kings special authority it was done without which I dare boldly affirm the Lords have no Judicature at all which thus I make appear 1. The King by delivering the Great Seal to the Lord Keeper 53. The House of Peers no Court of Judicature at all properly and per se makes him Keeper of his conscience for matter of equity By His Brevia patentia to the Judges of the two Benehes and the Exchequer the King makes them administrators and interpreters of his Laws But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases And though the Lord Keeper is Speaker of the Lords House of course yet he is no Member of the Lords House virtute Officii the Judges are not Members but assistants only so that no man in the House of Peers as he is simply a Peer is trusted by the King either with dispensation of Law or Equity 2. When a Peer of Parliament or any man else is tried before the Lords in Parliament criminally he cannot be tryed by his Peers only because in acts of judicature there must be a Judge Superior who must have his inferiors ministerial to him therefore in the trial of the Earl of Strafford as in all other trials upon life and death in the Lords House the King grants his Commission to a Lord high Steward to sit as Judge and the rest of the Lords are but in the nature of Jurors So that it is the Kings Commission that Authoriseth and Distinguisheth them 3. When a Writ of Error issueth out of the Chancery to the House of Peers they derive their Authority meerly from that Writ For the three Reasons aforesaid the House of Peers is no Court of Judicature without the Kings special Authority granted to them either by his Writ or his Commission and the Lords by their four Votes having denied all further address or application to the King have cut off from themselves that fountain from which they derived all their power and all trials by Commission must be upon Bills or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designs of a restless impetuous faction Had the Faction had but so much wit as to try the Gentlemen by Commission of Oyer and Terminer before Sergeant Wild he would have borrowed a point of Law to hang a hundred of them for his own preferment Observe that almost all the cases cited by Mr. Pryn concerning the Peers trials of Commissioners were Authorised by the King upon the special instance of the House of Commons as for the House of Commons they never pretended to any power of Judicature and have not so much Authority as to Administer an Oath which every Court of Pye-Poulders hath 54. Blank Impeachments dormant But this way of tryal before the pre-ingaged Lords and upon Articles of Impeachment which they keep by them of all sorts and sizes fit for every man as in Birchin-lane they have suits ready made to fit every body was the apter means to bring men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation than their nature is usually acquainted with and to fright away at least put to silence the rest of the Members with fear of having their names put in blank Impeachments and that it might be so apprehended Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready nothing wanted but to fill up the Blanks they might put in what names they pleased This Inquisitor General this Prologue to the Hang-man that looks more like a Hang-man than the Hang-man himself hath since gotten a
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
Laws can lay no hold on him Lieutenant Colonel Lilburn in a verbal Charge delivered at the Commons Bar accused him of many Treasonable Acts which he avowed to make good and in his Book called A Plea for a Habeas Corpus But as if Cromwel were a Traytor cum privilegio the House of Commons being under their Armed Guards dares take no notice of it But the Roman Tribune said to Scipio Africanus in Livy Qui jus aequum ferre non potest in eum vim haud injustam fore he that exalts himself above the Law ought not to be protected by the Law To conclude Cromwel hath lately had private conference at Tarnham with Hammond The Earl of Southampton hath been courted to negotiate with the King and offered the two Speakers hands for his warrant Capt. Titus taken into favour and imployed that way The Grandees have brought themselves into a mist and now wander from one foolish design to another The Spaniard is said to forecast in his debates what will happen forty years after But these purblind Politicians do not foresee the event of their Council forty days nay hours beforehand but it is a curse laid upon wicked men to grope at noon day About 5 or 6 of Jan. 1647. the Scots Commissioners had written certain Letters to the House of Commons 76. Debates in the Hou of Commons upon the Scots Letters 1 Concerning the said 4 Votes one whereof repeating the four Votes against the King propounded to know whether the Houses by their Votes That no person whatsoever do presume to make or receive any Application or address to or from the King would debar the Scots to make or receive any Addresses to or from Him and so put an incapacity upon Him to perform acts of Government towards them In the debate the Independents called to mind a more antient Vote whereby it was Ordered That the Scots might be admitted to the King Against which was alleged That these latter Votes being made general without exception Repealed that former Vote At last by an interpretative Vote it was concluded That notwithstanding the said four latter Votes the former Vote That the Scots Commissioners might make Addresses to the King was still in force Observe that this was done four or five days after the Scots Commissioners were on their way towards Scotland 2 Concerning 100000 l. due to the Scots The second Letter was concerning 100000 l. due by contract to the Scots from the Parliament whereof 50000 l. was payable by assignment to divers Scots Gentlemen who had advanced money to hasten the Scots Army to our relief whereof 10000 l. was payable to the Earl of Argyle Sir Henry Milmay made a long Speech in praise of Argyle saying That he and his party and the Scotish Clergy were the onely men that upheld the English interest in Scotland and were better friends to us than all Scotland besides wherefore he moved that Argyle might be paid his 10000 l. and the rest continued at interest at 8 l. per cent Presently the whole Independent gang with much zeal and little discretion ran that way untill more moderate men stopping them in full cry minded them what dishonour and danger they might bring their friend into by laying him open to suspition After this it was resolved to send four Commons and 2 Lords into Scotland as Commissioners with instructions 77. Six Commissioners sent into Scotland To send all Independents would not be acceptable 2. Presbyterian Commoners therefore were sent one whereof was sweetned with the gift of 1000 l. and an Office before they would trust him with them were sent Mr. Hearl and Mr. Marshal Marshal when he saw Independency prevail 78. Mr. Marshal had secretly turned his coat the wrong side outward and joyned interest with Mr. Nye but before he declared himself he was to do some service for his new party wherefore when the Army looked with a threatning posture upon the Parliament and City before they marched through London the common Souldiers being in such discontent for want of pay that they were ready to mutiny and disband and their Officers scarce daring to Govern them the first fruits of Marshal's service to his new friends was to perswade the City to lend the Parliament 50000 l. to pacifie the Souldiers assuring them by Letters that the Army had nothing but good thoughts toward the City onely the common Souldiers were troubled for want of pay After the City had laid down the said 50000 l. his next labour was to perswade the Citizens to let the Army march through the City without opposition for avoiding of blood-shed and firing and to let them possess the Tower and Line of Communication After these services the Grandees of the Parliament and Army finding him suitable to them received him into an avowed favour and then four Independents and four Presbyterian Divines conjoyning their Interests were sent to season the Army and new tune them according to the more modern design Marshal was one where after he had preached according to the Dictates of the Grandees of the two Houses and Army for divers weeks Marshal was thought fit to attend the Commissioners into Scotland He and Master Nye had been sent to Carisbroke Castle formerly with those Commissioners that carried the 4 Bils to the King and had 500 l. a piece given them for their journey Scotland a longer journey promised a larger reward it is good being a Postilion of the Gospel at such rates The Sunday before he went he preached at Margarets Westminster and as much cried up Presbytery and the Covenant there as he had before slighted them in the Army This was a Preparation Sermon to make him acceptable to Scots that he might cajole them the easier Before he went he sent his Agents from house to house at Westminster to beg mens good wills towards his journey He was willing upon this pretence to get what he could from St. Margarets Parish where he found the people to grow cold in their affections and contributions to him Wherefore having made his bargain before he went to leave S. Margarets and officiate in the Abby where he is to have 300 l. per annum certain allowance he would rob the Aegyptians at Saint Margarets for a parting blow This Priest married his own Daughter with the Book of Common prayer and a Ring and gave for reason that the Statute establishing that Liturgy was not yet repealed and he was loath to have his Daughter whored and turned back upon him for want of a Legal Marriage Yet he can declare against all use of it by others He hath so long cursed Meroz and neutrality that he hath brought Gods curse upon the Land and hath put Church and Commonwealth into a flame but himself and his Brats have warmed their fingers at it as Monies are decried or enhaunsed by the Kings Authority so is every mans Religion cryed up or down by Marshal's authority and stamp 76. The
Answer â—o the Scots Declaration About the 24 of February the Answer to the Scots Declaration began to be debated in parts in which Debate the Covenant was much undervalued and called An Almanack out of Date Nathaniel Fiennes argued against it That that clause in the Covenant To Defend the Kings Person Crown and Dignity c. was inconsistent with their four Votes for making no Addresses to the KING To which was answered by some That then they would relinquish the four Votes and adhere to the Covenant About the beginning of March was given to Col. Sydenham and Col. Bingham 1000 l. a piece as part of their Arrears 80. Money shared amongst godly Members their Accounts not yet stated To the Lord of Broghil 2000 l. To Mr. Fenwick 500 l. for losses To Mr. Millington 2000 l. for losses To Col. Ven 4000 l. notwithstanding in was moved he might first account for Contribution money the plunder of the Country about Windsor and the Kings Houshold-stuff Hangings Linnen and Bedding Mr. Purie the Petty-bag office besides 1000 l. formerly given him To Purie's Son the Clerk of the Peaces place and 100 l. a year all Independents The 7. of March an Ordinance passed the Commons to settle 2500 l. a year land out of the Marquess of Worcesters estate 81. Cromwel upon Lieut. Gen. Oliver Cromwel I have heard some Gentlemen that know the Mannor of Chepstow and the rest of the Lands setled upon him affirm that in the particulars the said lands are so favourably rated that they are worth 5000 l. or 6000 l. a year It is farther said those lands are bravely wooded You see though they have not made King CHARLES a glorious King as they promised yet they have setled a Crown Revenue upon Oliver and have made him as great and glorious a K. as ever John of Leyden was Wonder not that they conspire to keep up this Army as well to make good these Largesses as to keep their guilty heads upon their Shoulders Thursday 9. March 82. A Message froÌ„ the Lords desiring the Commons concurrence to the Ingagement of the Members with the Army The Ingagem approved by threats the Lords sent a Message to the House of Commons To desire their concurrence to the Ingagement of those Members that fled to the Army to live and die with the Army It was debated all day untill 7. of the clotk at night and at last the ques ion put That this House doth approve the subscription of the said Members to the said Ingagement The House divided upon the question yeas 100. noes 91. Observe 1. that Mr. Solicitor Haslerig and many more when they perceived difficulty in passing it began to skirmish with their long Sword again And many told them they must live content without dores meaning the Army as well as within else all would go naught 2. 44. Of those Members that ingaged with the Army sate in the House and Voted in their own case many of them carrying themselves very high and insolent in their gestures and expressions 3. Many Presbyterians left the House because it was late and some as it is thought not daring to Vote in the Negative 4. This Engagement about six months ago had been sent to the Commons by the Lords once or twice and was rejected yet now was obtruded upon them again by the Lords who would not acquiesce contrary to the privileges of the House of Commons 5. This approbation thus surreptitiously gotten is equal to a Pardon sued forth before Conviction which in Law amounteth to a Confession of the Crime 83. The temper of the House tried had the Ingagement not been approved a new Charge from the Army intended 6. The Agitators tell you in Derby-house Projects pag. 7. That this Engagement was sent down to the Commons to try the temper of the House and if the House had not approved of the Eagagement the resolution of their secret Counsel was to fly to their Armes and make a new Charge against their principal opposers for they acknowledge amongst themselves That they Rule by Power only and that the House of Commons is no longer theirs than they overawe them and that they fear the Critical day will come which will discover the Parliament to be no longer theirs than while they have a force upon it As men ready to sink embrace every shadow of help and catch hold of leaves twigs and bulrushes to support them so these desperate and purblind protectors having engaged themselves in a way of Tyranny out of which they can find no issue lay hold of frivolous inventions to peece up from time to time their ill-laid designs like the man in the parable That patched up his old Garment with new cloath which breaking out again left the rent wider than it was before Their last project was to unite all Interests in the Houses City and Army 84 A project to unite all Interests To which purpose Cromwel the heaviest basest and most ridiculous Tyrant that ever any noble Nation groned under made a Speech in the House of Commons To which was Answered That the Members were chosen and trusted by the people to pursue one common Interest which was the common good the safety and Liberty of the People and whosoever had any peculiar Interest eccentrick from that was not fit to sit in that assembly and deserved to be called to a strict account by those that trusted him Observe See the Argument against all accommodatioÌ„ between the City and Grandees c. and the seasonable caution to the City printed at the latter end of this Book that the extent of this project was to conjoyn these three Interests from upholding the greatnesse of the Grandees in the Parliament City and Army for in all three the vulger multitude and the more modest and honest sort are but in the same condition with other men the Parliament bearing the Authority the Army the Sword and the City the purse The first shall be the Task-masters and impose Tribute The second the Sheriffs or rather free-booters to leavy it by distresse And the third the Brokers to receive and buy it off But it pleased God to bestow so much providence and integrity upon the City that when upon Saturday 8. April 1646. Cromwel and his fellow Grandees offered this temptation at a Common-Councel to them The City grew wiser than our first Parents and rejected the Serpent and his subtilties insomuch that Cromwel netled with the affront called his Solicitor Glover to account by what Authority he had offered the restitution of the Tower and Militia and the inlargement of their accused Aldermen who answered he did it by his Authority and delivered him a Warrant to that purpose signed by Sir Thomas Fairfax Oliver Cromwel Mr. Solicitor and young Sir Henry Vane which Cromwel had the impudence to put in his pocket Cromwel had felt the pulse of the City long before by his Agents Glover and Watkins
of one and the same desperate way of cure may joyntly have the same friends and foes and the same sins and quarrels to defend 8. Friday 16 June 1648. I was told the Committee of Derby house had lately received a Letter from Col. Hammond Governour of Carisbrook Castle informing them That unlesse they supplied him with Mony and Men he could give no good account of the King in case the Revolted ships should attempt his rescue and farther That he had matters of great importance to communicate to them but durst not commit them to Paper but if they would send for him up or send a Confident of theirs to him he would impart them This may probably be the businesse whereof Osburne gives information in his said Letters and it may be Mr. Walker had heard of this report in the Hall as well as my self and might have the same conceit of it that I have if it be lawfull for me to take measure of another mans judgement by my own 9. Lastly who knows whether a powerfull desperate party may have a design to take away the Kings life and then declare his two eldest Sons uncapable of Government supposing they deserted the Kingdom and invited forreign States to invade it and then Crown the Duke of Gloucester and so abusing his tender years usurp the protection of him and under colour of that authority establish by degrees their own usurpation and the peoples slavery having subdued their spirits by a long and customary bondage under them and having filled all places of power profit and preferment in the Kingdom with men of their own principles and Interests their own creatures and Confidents This Army last April in their Council amongst other things debated The Deposing of the KING why not murdering as well since few Kings are deposed and not murdered Dis-inheriting the PRINCE and Crowning the DVKE of YORK which was then approved of by Cromwell and Ireton Why may they not now dis-inherit both the elder Sons and Crown the Duke of Gloucester as well See the excellent Remonstrance of the Colchester Knights and Gentlemen 1648. which I have Printed herewith for your satisfaction That some such design might be to make away the KING and dis-inherit the PRINCE may well be suspected because the 12. day of July upon information That the Prince had sent into England some Blank Commissions to List men Weaver an Implement of the Army and Son to an Ale-house-keeper in Wilish moved the House of Commons to Vote the Prince a Traytor c. And I hear that Mr. Solicitor contrary to his Oath and duty of his place refuseth to be of Council against the said Rolf this Gentleman the Solicitor hath got above 300000 l. by keeping open shop to sell the cruell mercies of the new Great Seal to the Royalists 97. Trinity-house Petition for a Personal Treaty The 29. June A Petition was delivered the House of Commons from the Masters of Trinity-house Masters and Captains of Ships and Sea-men for a Personal Treaty with the KING declaring the great decay of trade to the undoing of many thousand families and that they would not fight against the revolted ships their Brethren who desired but the same things with thâ—â— Tho. Scot said That the Surrey-men first delivered a Petition for a Personal Treaty which was seconded by the Kentish-men in Armes and they by the City of London that all this was a design to ruine the Godly party That he had read of a Man who being asked when he was young Why he did not marry Answered It was too soon and being asked the same question when he was old Answered it was too late So he was of opinion there could be no time seasonable for a personal Treaty or a Peace with so perfidious and implacable a Prince but it would always be too soon or too late He that draws his sword upon his King must throw his Scabbard into the fire All peace with him will prove the spoil of the Godly To which was Answered That some men got well by fishing in troubled waters and accounted peace their spoil because war was their gain and they looked upon a Personal Treaty as a design against them under the notion of the Godly Honest Confiding party because a Personal Treaty was the high way to peace But the generality of the people who were despoyled of their Estates by the War resolved upon a Personal Treaty without which there is no hope of Peace they would no longer be made fuel to that fire wherein these Salamanders live nor any longer feed those Horse-leeches the Army their engaged party and Servants with their blood and marrow It now appears who desire a new War namely those Zealots who supply their indigent fortunes by War These men fear peace doubting they shall be forced to disgorge what they have swallowed in time of War Ven Miles Corbet Hill the petty Lawyer of Haberdashers hall the two Ashes Col. Harvy and many other thriving Saints opposed a Personal Treaty so their Petition had no successe I hear that not many days after the Committee of Derby house to take off this affront imployed Col. Rainsborough the quondam Neptune of our Seas to go up and down and solicit the Common sort of Marriners to subscribe and present the House of Commons with a counter Petition wherein they offered to live and die with the Parliament c. and that Rainsborough gave 12 d. a piece to as many as subscribed it This Petition was delivered The 2 of July 98. The City Petitions for a personal Treaty and after that upon occasion of the City Petition for a Personal Treaty in London upon the 5 of July the House of Commons again took into debate a Personal Treaty They spent much time upon the place where 1. Whether in the Isle of Wight which the Independents principally affected 2. Holdenby which they next inclined unto 3. Or any his Houses not nearer than 10 miles of London at his own choice 4. Or in the City of London Which two last places the Presbyterians approved of but chiefly London for London it was argued That the Common Council and Officers of the Souldiery would undertake for His safety against all Tumults In any other place he would be within the power of the Army who might probably take him away again as they did at Holdenby if they liked not the manner and matter of the Treaty London was a place of most Honor Safety and Freedom and would best satisfie the KING the Scots the people In all other places especially the Isle of Wight He would be still a prisoner to the Army and therefore all he should agree to would be void by reason of Dures Sergeant Wylde Answered That Custodia did not always in Law signifie Imprisonment Though He was under restraint of the Army He was not in Prison making a wyld kind of nonsense difference between Restraint and Legal Imprisonment which all but himself laughed at
The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
Scotland directed to the Assembly of the Kirk of Scotland setting forth what the Parliament had done in way of setling peace reforming the Church and Universities and maintaining the Covenant and union between the two Nations and complaining of Duke Hamilton's Invading England under the Authority of the Parliament of Scotland to the Kirk there How dangerous this president may prove to both Kingdoms to make a few ambitious paedantical Church-men supreme Judges over Parliament and State affairs in ordine ad Deum and how apt they are to lay hold upon such occasions and kindle their zeal into a consuming flame I leave to all wise men to judge 122. A Declaration and 2. Letters from the Prince to the City The Commons Debate upon them Thursday 3. August The Sheriffs of London and some of the Common Council brought to the House the Copies of two Letters they had received from the PRINCE one directed to the Common Council expressing his Highnesse good affection to Peace and to the whole City and his endeavours to vindicate his Fathers Liberty and just Prerogative and Rights to restore to the People their Laws Liberties and Property to free them from that bondage under which they were now held like a Conquered Nation to ease them of Excise and Taxes to settle Religion according to his Fathers Agreement made with the Scots and to reduce all things into their antient and proper Chanel This Letter was accompanied with his Declaration to the same purpose The other was to the Merchant Adventurers Informing them he had made stay of 3. of their ships but without any intent to make prize of them desiring to borrow 20000 l. of them to be repayed out of the Customes and requiring their speedy answer To which Col. Harvy first aggravating many faults in the King's Government according to the scandalous Declaration against him said The Prince was his Fathers own Son as like him as could be That he had invited the Scots to come in and declared for them and had been formerly in Arms against the Parliament That he was but a subject And moved the House to declare him a Rebell and a Traytor Sir Peter Wentworth Mr. Knightly and Mr. Blackstone seconded him with much earnestnesse so did Edward Ash who farther moved That the Common Council and Merchants should give no answer to his Letters saying there was no danger the Prince should make prize of their ships for that he had engaged to the States of the Low-Countries to do no act prejudicial to Trade At last the Debate was put off until the next day being Friday when the Speaker putting the House in mind of it again It was earnestly called upon by the younger Sir John Evelin Mr. Solicitors shadow Scot Weaver Holland Boys and almost all the Godly Gang. So the Debate was resumed and Weaver went very high to try the temper of the House But the Debate in Terminis That the Prince should be declared a Rebell and a Traytor was soon laid by though violently pressed chiefly upon these reasons 1. That they had not the Originals of the Princes Letter and Declaration which the Common-Council still kept but onely Copies not so much as attested upon Oath by any authentical Clerk therefore no legal proceedings could be upon them 2. To Vote the Prince a Traytor the same day when they sent Messengers to invite the King his Father to a Treaty of Peace would argue no peaceable inclination in them and would be so understood by the People 3. They were engaged by the Nationall Covenant to defend the King's Person Crown and Dignity but the Prince Heir apparent to His Crown was next under God the chief supporter of his Crown and Dignity therefore to Vote him a Traitor was to subvert his Crown and Dignity 4. By the Stat. 25. Edw. 3. it is High Treason to endeavour the destruction of the Prince the Kings eldest Son but to declare him a Rebel and a Traitor was to endeavour to destroy him and therefore High Treason 5. The people were already jealous that the KING and His Posterity should be laid by and in them the Monarchical Government of this Nation subverted and a new form of Government introduced they had already by the Votes of No Addresses to the KING and by their Declaration against Him wherein they say They can no longer confide in Him laid by the KING and now to Vote the PRINCE a Rebel and a Traytor was to lay by both him and his Brother the DUKE of YORK who adheres to him which would exceedingly confirm the people in their feares But what they could not do expresly All that adhere to the Prince declared Traytors they did implicitly by Voting All that should adhere to ayd or assist the PRINCE Rebels and Traytors Hereby they put a tie upon the City not to redeem their Ships by lending 20000 l. to the Prince and yet had a Pirat taken them it had been lawful to redeem them Saturday 5 August 123. The National Covenant The House of Commons went upon the Commissioners to judge of Scandals there was a Clause in the Ordinance forbidding the Nomination of such as refused the National Covenant which was strongly opposed by the Independents who argued That the National Covenant was but a League sworn mutually by the two Nations that the Scots by Invading England had first broke it and thereby set the English at liberty from it that the Covenant was not Jure divino no more than Presbytery was To which was Answered That the large Treaty containing the League between the two Nations so did not the Covenant which was a Vow made unto God with our hands lifted up to heaven for the maintenance and observation of the ends and principles expressed in the Covenant from which no power on Earth can absolve That though the Covenant was not Jure divino yet the keeping of it after we have taken it is Jure divino it being the revealed will of God that we should not offer to him the sacrifice of fools a Covenant to day and break it to morrow 124. A new Militia erected in every County in the hands of Sectaries Mondon 7 August A particular Ordinance to put the County of Wilts into a posture of defence was read many that were named to be Deputy Lieutenants or Commissioners were mean petty fellowes as one Read a Serving-man and others such as refuse to Act upon the Ordinances for setling Church Government and declare that our Ministery is Antichristian and are new dipped Brethren that have been re-baptized These to have power to raise what men and put arms into what hands they list to fine 10 l. and twenty days Imprisonment for every default and to levy 400 l. a week upon that poor County over and above the Taxes to Fairfax's Army and Ireland and Free-quarter The general Ordinance to trust the Counties with their own defence is obstructed to give way to these particular Ordinances
the Independent Faction whose interest it is to keep themselves rich and all men else poor argued the case meerly upon point of profit and conveniency and neglected the right and jus of the businesse They alleged That men of desperate resolutions would not reward the losse of their own lives so as they might preserve their Wives and Children That the State as they pleased to stile it would lose much by such an example they could not therefore approve of the lenity of the Lords and Commons used in Walls case many had been Sequestred after death and so arguing à facto ad jus alleged that in case of Monopolies satisfaction had been awarded out of dead mens Estates But they forgot that out of Sequestrations no satisfaction is given to the parties wronged the Committees and Sequestrators imbezelling the profits of them to increase their own gains not bestowing them to repair injured mens losses and so the equity upon which this President is founded faileth in case of Sequestrations Thus you see these greedy Canibal Saints like the hungry dogs that ate Jesabel will devour carrion or any thing that will make them fat and full yet they declared They were willing this Sequestration should be bestowed upon Master Copley as a Gratuity not as a Right for fear of the example Observe that if Master Copley had waived his Title by Composition and accepted this Wardship as a Gift they would presently have published it in their News books and Gilbert Mabbot should have proclaimed to all the world that Presbyterians and Independents might be thought alike guilty of impoverishing the Kingdom for the Faction labours nothing more than to have Companions in their sins and shames At last it was passed That Mr. Copley should have the Wardship restored to him but great care taken it should not be drawn into example hereafter that a man may not be Sequestred for Delinquency after his death Cavete vobis mortui atque sepulti dead mens graves are not secure from these Lycanthropi these Lou-garons 129. The Messengers to the King Report their Message in the House of Commons Monday 14. August Master Bulkeley in the name of himself and his fellow-Commissioner Sir I. Hippesly sent to the King to acquaint him with the Vote of the two Houses That they desired a Treaty with the King upon the Propositions of Hampton-Court in what place of the Island of Wight He should think fit and that the Treaty shall be with Honour Freedom and Safety to His Majesty Reported to the House of Commons all the circumstances and emergencies of their imployment the Kings Letter of Answer being carried to the Lords by the Earl of Middlesex and therefore not delivered to the Commons for the present which with much candor were related as followeth That the KING bad them welcom saying they came about a welcom businesse PEACE which no man desired with more earnestnesse than Himself and if there did not ensue a Peace the fault should not lie at his dore and that He feared no obstructions from any but those who gained by the War He farther said that His Majesty desired immediatly after the delivery of the Votes to speak a word with them in private which they modestly excused for want of Commission That about two days after his Majesty seeing the said Commissioners of the Parliament standing in the Presence Chamber first beckoned the Earl of Middlesex to him and had some short discourse singly with him and then with Sir John Hippesly and Master Bulkeley one after another These three Gentlemen afterwards comparing their notes found the Kings discourse to every of them to be all to one effect viz. Expressing His desires of a good peace and importuning them to do all good Offices conducing thereto He farther related that when they took leave of His Majesty He delivered His Answer in writng to them unsealed telling them He doubted not their fidelity though ill use had been made of His last Answer which he sent open it having been debated in private and a prejudice put upon it before it was presented to the Houses This free and unpartial Report shewing how earnest his Majesty is for Peace did the King so much Right that the Antimonarchical Faction looked upon it as done to their wrong and Herbert Morley presently spit out his Venom to this purpose Mr. Speaker These Gentlemen have delivered all to you but what they should deliver that is the Kings Answer which they have suffered first to be carried to the Lords they might have delivered you at least a Copy thereof it should seem Morley had forgot that the House proceeds not upon Copies My motion is that since these Gentlemen have exceeded their Commission by conferring privatly with the King the House may do well either to question them therefore or give them an Act of Oblivion for their good service This was cried upon a long time by the whole kennell of the Faction and at last put off till the next day when the Lords sending down the Kings Letter the House should have the whole businesse before them The next day being Tuesday 15. August 130. The aforesaid Messengers again the Kings aforesaid Letter of Answer with divers Votes thereupon were sent down from the Lords to the House of Commons when presently the Beagles of the Faction spent their mouths freely against the said Commissioners again for lending the KING the civility of an eare in private as abovesaid After a long debate at last this Objection stopped the Mouths of Malice it self That if these Gentlemen had reported an aversnesse in the King to Peace and aggravated His Words as other Messengers had formerly done whereof the King seem'd to complain it would have proved a welcome discovery and have been rewarded with Thanks instead of an Act of Oblivion So with much adoe Thanks were given to the said Gentlemen with approbation of their proceedings The same day the Militia of London were called into the House of Commons 131. The Militia of London Concerning private Listing by Skippon and the Militia of the City where Alderman Gybs in the name of the Common-Council and Militia not by Petition but in a set Speech delivered the fears and jealousies of the City even of the gravest wisest and best affected occasioned by Skippon's underhand Listing of Schismaticks Antimonarchists his setting up thereby a power against a power to the endangering of a civil War within the Bowels of the City weakning of the Trained Bands deboshing Servants from their Masters Children from their Parents That under colour of Skippon's private Listings other private Listings were carried on by Malignants the Magistrates of the City not being able to question either and distingush one from the other That fear was a violent passion and was now grown so universal that the Common Council knew not how to give satisfaction therein the Citizens usually clamouring that if the Houses did not give them leave to look to
they been careful to save the materials for Posterity What these negative Statists will set up in the room of these ruined buildings doth not appear only I will say They have made the People thereby so curious and so arrogant that they will never find humility enough to submit to a civil rule their aim therefore from the beginning was to rule them by the power of the Sword a military Aristocracy or Oligarchy as now they do Amongst the ancient Romans Tentare arcana Imperii to prophane the Mysteries of State was Treason because there can be no form of Government without its proper Mysteries which are no longer Mysteries than while they are concealed Ignorance and Admiration arising from Ignorance are the Parents of civil devotion and obedience though not of Theological 2. Nor have these Grandees and their party in the Synod 2. They have subverted the Church dealt more kindly with the Church than with the Common-wealth whose reverend myâ—teries their Pulpits and holy Sacraments and all the functions of the Ministery are by their connivence profaned by the clouted shoe the basest and lowest of the People making themselves Priests and with a blind distempered zeal Preaching such Doctrine as their private spirits spirits of illusion dictate to them But let them know that their burning zeal without knowledge is like Hell fire without light The Sacrament of the Lords Supper discontinued and why Yet the greatest wonder of all is That they suffer the Lords supper that Sacrament of Corroboration to be so much neglected in almost all the Churches in the Kingdom Is it because men usually before they receive our Saviour that blessed guest sweep the house clean casting out of their hearts those living Temples of the holy Ghost Pride Ambition Covetousnesse Envy Hatred Malice and all other unclean Spirits to make fit room to entertain Jesus that Prince of Peace whereby the people having their minds prepared for Peace Charity and Reconciliation may happily spoil the trade of our Grandees who can no longer maintain their usurped dominion over them than they can keep them dis-united with quarrels and feuds and uphold those badges of factions and tearms of distinctions and separations Cavaliers Roundheads Malignants Well-affected Presbyterians and Independents or is it because they fear if the Church were setled in peace and unity it would be a mean to unite the Common-wealth as a quiet cheerfull mind often cureth a distempered body I will not take upon me to judge another mans Servant but many suspect this is done out of design not out of peevishnesse 3. That these Grandees govern by power not by love 3. The Grandees rule by the arbitrary power of the Sword not by the Lawes and the Laws of the Land which was my last assertion appears by 1. The many Garrisons they keep up and numerous Army they keep in pay to over-power the whole Kingdom more than at first the Parliament Voted all in the hands of Sectaries 2. Their compelling the Parliament to put the the whole Militia of England and Ireland by Land and by Sea in the power of Sir Thomas Fairfax and their party together with all Garrisons 3. Nor do they think the Laws of the Land extensive enough for their purposes therefore they piece them out with Arbitrary Ordinances impeachments before the Lords and Marshall Law which is now grown to that height that the Council of War General and Judge advocate of the Army do usually send forth Injunctions to stay Sutes and release judgements at Law or else to attend the Council of War wheresoever they sit to shew cause to the contrary and when Lieutenant Colonel Lilburn was ordered to be brought to the Kings-Bench-Bar upon his habeas Corpus Easter Term 1648. Cromwel sent word to the Lieutenant of the Tower not to bring him and Cromwel was obeyed not the Judges Thus the Laws of the Land are daily baffled that men may be accustomed to arbitrary Government and those actions which no Law of the Land calls a Crime may be interpreted Treason when our Grandees please to have it so 4. Their allowing money to some Committees to reward Informers Spies and Intelligencers to betray even their nearest friends and relations 5. Their holding Honest Generous and Grave men in suspicion and making the Houses of Parliament and Army snares to them expelling them with false and extrajudicial Accusations 6. Their owning dishonest base-minded men that have cheated the State as instruments fit to be confided in and associate with them in time of danger 7. Their impoverishing the people with confused Taxes decay of Trade and obstructing of the Mint and thereby breaking their spirits 8. Their changing and dividing the Militia of London purposely to weaken it 9. Their not restoring to the Counties their Militia and trusting them to defend their own houses as formerly 10. Their nourishing Factions in the Common-wealth Schisms in the Church 11. Expelling learned Divines to let in ignorant men All these are tyrannical policies grounded upon the old principle That a Tyrant should deprive his Subjects of all things that may nourish courage strength knowledg mutual confidence and charity amongst them which Maxim the Politicians say contains the whole Systeme or method of Tyrannical Government 4. 4. The Independents divide the Taxes Spoils and preferments of the land between them As this encroaching Faction have usurped all the Military and Civil power of both Kingdoms so they have monopolized all the great Offices rich Imployments and Treasure of the Land they are clearly the predominant party in all Money Committees they give daily to one another for pretended Services Arrears and Losses great sums of money many of their Largisses I have already set down They gave lately to Col. Hammond Governour of the Isle of Wight for his Table 20 l. a Week 1000 l. in money and 500 l. a year land to Major General Skippon 1000 l. per annum land of Inheritance to Colonel Mitton 5000 l. in money Prideaux hath 100 l. a Week benefit by the Post-Masters place his whole Estate before this Parliament was hardly worth a 100 l. nor is he eminent for any thing but impudence and arrogance Mr. Rowse hath Eaton College worth 800 l. per annum and a Lease of that College worth 600 l. per annum Sir William Alanson the Hamper-Office and Crab Castle worth 600 l. per annum bravely wooded Alder. Hoyl of York the Treasurers Remembrancers Office Mr. Sallaway a poor Grocer the Kings Remembrancers Office neither of which are able to read any one Record in those Offices Tho. Scot Lambeth-house Sir Wil Brereton Croyden-house Col. Harvy Fulham and Norwich-houses Mr. Lisle the Mastership of St. Crosses Dennis Bonds 3 Sons each of them a Place worth 500 l. a year besides many others All the cheating covetous ambitious persons of the Land are united together under the name and title of The Godly the Saints c. and share the fat of the Land
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
Antrim should grow strong he procured one Regiment for himself another for his Cozen Lawers a third with the place of L. General for that most ungrate Gentleman the Earl of Lothian who was married to his Neece and one of his Confidents who was once heard say That the 3 Kingdoms would never have peace so long as King CHARLES his Head was on his shoulders and yet it is only King CHARLES his favour that hath made him and his Father exceed the estate of Gentlemen with many other places to divers of their friends intending a ful Conquest of Ireland at least to banish Antrim and the Mackdonalds from thence as he and his Predecessors had done many of them out of Scotland taking a gift from the Parliament of England of some of the Earl of Antrims Lands in Ireland especially the Island of Rachera to the which one of the forementioned Regiments was sent and kept there a long time so that all the three Kingdomes must be at the charge to maintain Armies and Garrisons for enlarging the Dominions of Argile His next project having begun his Confederacy in England by shewing them the wayes to get money by Taxes and Excise 10. and 20. part bringing in of Plate voluntary Contributions borrowing on the Publique Faith tyrannizing over the Persons and Estates of all that durst be so bold as speak against the Illegal Orders and all this Money in both Kingdoms to be employed against His Majestie whom their renewed Covenant did oblige them to defend having good opportunity to traffique betwixt under the pretence of Commissioners for the Kingdom of Scotland the rest for the most part either his Creatures or Confidents so that he ruled all the Council at home and abroad sending Lothian to France to have them brought in a Confederacy abusing his Majesty by procuring His Commission for Treating concerning the keeping and preservation of that ancient League betwixt France and Scotland begun in Charls the Great 's time with Achaius King of Scotland but the effect of the Treaty was to bring money to Argile who at that time when the Kingdom stood in much need of men sold five thousand to the French to be under his Brother from whom he had as formerly the Estate so now the Title of Kintyre and he must be Earl of Irwin all the Interest he had there being by his quondam Tutor now Slave Barcley his being sometime Provost thereof and the Chancellors Brother Lundie sur France and Irwin had bad penny worths although Argile made a good market for the Men like Money trusted in a Jugleâ—s hand were gone with a puff thus you see how much both KING and Kingdome were obliged to him in this particular But to come to the main point of the Conspiracy finding Scotland although he had all the power of the Persons and Estates in his hand not pliable as yet to cast off Monarchy and imbrace Aristocracy of whom as affairs stood none could be the chief Ruler but himself he did imploy the Zealots of the Clergy to asperse those who did oppose him especially some most faithfull and religious Noble men as if they were fallen from their first love turn enemies to the cause of Christ had with Demas imbraced this present world and that Argile was the only man that stood in the gap threatning out of their Pulpits all such as would think or speak evil of him but when the State-juglers with their Clergy-Impostors could neither shake the Loyalty of the one who were really for the Covenant and Monarchical Government nor plaster over the many fraudulent cheats of the Argathelian party now become a most odious and heavy burthen to the Kingdome harased and ruined from the one end to the other by him and his Armies on the one part and Montrosse and his Confederates on the other part Argile of the two being the Kingdoms most cruel Enemy was simulat humiliation having the Church-men still his friends did reconcile himself to the other noble and loyall Patriots by suffering them to take some share of the Government that the by him dis-joynted State might by them be set in a right frame again with a resolution when all things were right to usurp his wonted Authority and follow his old trade of Dethroning His Majesty and cantonizing the Kingdom but things falling out so that one day at Nazeby quelling the KINGS party in England and one day at Philipshaugh almost quieting Scotland finding the Presbyterians in England inclinable to peace and desirous of his Majesties re-establishment according to the Covenant he leaves them and joyns Counsell with Say Perpoint Cromwel and others of the Independent Junto doing them that Masterâ—iece of good service First under colour of Loyalty and friendship to prevail with His Majesty to return to the Scots Army then at Newark Cromwell contributing a Passe to Hudson and Ashburnham with a slack Guard that His Majesty might the more freely escape Secondly after many learned and loyal Speeches for Monarchy the Kingdom of Scotlands interest in the person of the KING and many Vows and Protestations both in private and publick not to abandon His Majesty without his own consent contrary to all which he and his Party did overthrow the Loyalty of That once famous Gentleman Lieuten General David Leslie who had deeply sworn and ingaged himself to His Majesty to convoy him safely into Scotland or then to see His Majesty peaceably setled in his Throne in England forcing him and he perswading and prevailing with the Souldiers to march away leaving his Majesty behind little better than but now an assured Prisoner and the whole power of the Sword in the hands of the Independents and Sectaries to the ruine and overthrow of their Presbyterian friends in the City and Parliament as the History of Independency doth Witness encouraging the Independent Party by their Letters to proceed in their dethroning Votes and accusation of his Majesty assuring them that no party from Scotland shall be able to hinder them in their proceedings but finding the body of the Parliament and the Kingdom of Scotland to be sensible of the ruine of Religion and Monarchical Government if the Sectaries prevaile and their resolution to adhere to their Covenant and re-establishing his Majesty being in fear their party shall not be able any longer to delude the Kingdom or hinder the Army designed to come in for the vindication of the many breaches of the Solemn League and Covenant and the several Treaties betwixt the Kingdoms they have solicited the Armies of Sectaries to come to their assistance some of their Ministers professing in their Letters They have no hope of safety unless it be by means of this rebellious Army now in England thereby endeavouring to make Scotland the seat of War And if these troubles in Wales and cutting Petitions from Essex Kent Surry and Sussex had not hindered them their resolution was to have sent Cromwel thither it being debated before he went to Wales
a Castle or two in Kent were not yet reduced the people in Wales Kent Essex the North not yet setled in such a calme but that a new storme might arise a considerable party of the Scots yet unbroken in England and fronting Cromwell and Lambert under the Command of Monroe a daring knowing and uncorrupted Commander Scotland it selfe not yet assured to them and above all the Prince of Wales with a strong Fleet at Sea likely to raise new tempests at Land had he landed some men â—n Kent or Essex to gather up the male-contents there but newly scâ—â—tered and broken and ready to adhere to any Party to defend themselves from the fury and rapines of their Committee Warwick but a fresh-water Admiral lying in the Thames under Protection of the Block-houses and relying upon Land-souldiers to awe the Mariners from mutinying a cloud arising in Ireland ready to break into a storme upon these considerations the Cabal or close Junto of Grandees thought fit to dally on the Treaty the better to keep the Prince quiet in expectation thereof and gain time to work upon his Seamen already corrupted with want of work and pay and to gull and pacifie the rest of the Members and People not patient of a sharper remedy until Oliver had quite finished his Northerne work aâ—d marched nearer London Colchester reduced and the Princes Fleet retired to Harbour to avoid Winter and then to break off the Treaty and purge the House of those Members that sought Peace by an accord with the King under the notion of the Kings corrupt party to blinde their eyes therefore the Speaker Lenthall though at this time the Fore-man of Olivers shop when it was debated in the House Whether a Treaty should be had with the King in the Isle of Wight upon the Propositions of Hampton-Court The Question much opposed and at last put the Noes and the Yeas were equal 57. to 57. insomuch that the Speakers voice was put in to turn the Scales he gave his voice in the affirmative that time following his conscience against his Interest and my Lord Say openly in the House of Lords said God forbid that any man should take advantage of this Victory to break off the Treaty and the Armies Scout from Tuesday Novemb. 14. to Novemb. 21. 1648. propounds three Riddles to the Reader 1. Why the Grandees of the Junto that use to rule the Army are the most active Solicitors for an Agreement of the Parliament with His Majesty when then the Army are acting to the contrary 2. Why His Majesty stumbles only at the matters wherein the Presbyterian Interest are concerned when that Faction is the only visible prop to His Life Crown Dignity and dying Interest 3. Why the Souldiers Petitions for Justice upon his Majesty were ill resented and they thought worthy to be tried by a Councel of Warre as Offendors yet a Remonstrance was then framing by the Grandee-Officers to the same purpose and much more against the present Authority and in this the Generall concurres 6. New Instructions to Hammond in order to the Treaty sect 132. The next thing taken into consideration in relation to the Treaty was the giving new instructions to Hammond the Head-Goaler how to demeane himself in the Treaty which had formerly been Voted to be in the Isle of Wight with honour freedome and safety to his Majesty The Instructions were 1. That the King should enjoy the same liberty during this Treaty that He had at Hampton-Court 2. That no person excepted out of mercy none now Imprisoned by the Parliament nor none now in actuall Armes against the Parliament should be admitted to come to the King 3. That no forreign Agent should make any Addresse to him without leave of both Houses Against these Instructions it was argued That some of them contradicted the former Votes That the King should Treat in Honour and Freedome and that He should enjoy the same Liberty He had at Hampton-Court which could not be so long as He was denyed to correspond with other Princes His Allyes with whom He was in league and amity by their Ambassadors and Agents a Royalty inseparable from the Crowne allowed Him at Hampton-Court and to deny it was implicitely to dethrone Him To which was answered That this was true of a King in actuall exercise of his Regall power which this King neither is nor ought to be untill He hath given satisfaction to His Parliament That it was a great condescention in them and below the Dignity of a Parliament to recal their Votes of Non-Addresse and put the businesse of the Treaty thus forward and if He would not accept of a Treaty upon such conditions as the Parliament thought fit then things would be but where they were The peaceable moderate Party perceiving what operation the Scotish Victory had already upon the fancies of those hot-headed Men knew they must speak mannerly and modestly for feare of correction and must take what they could since they could not have what they would 4. That the King should give His Royall word not to remove out of the Island during the Treaty nor in 20. daies after without consent of the two Houses this was to make his chaines a linke or two longer 7. The Earle of Warwicks Letter to Derby-ho complaining of his Sea-men yet the King did give His Royall word accordingly Thursday Aug. 24. a Letter came to the Committee of Safety at Derby-House from the Earle of Warwicke complaining of the perversnesse of his owne Sea-men and that those with the Prince would not yet stoop to the Gods of Gold his owne words That some other way must be thought of besides force to undermine the Prince that since they had subdued their Enemies by Land it would be a good preparative to work upon their Enemies by Sea with the same Engine You see these Saints having gotten a publique Purse into their hands are at the peoples cost and charges bountifull Corrupters of other mens faith having none of their owne About this time a new kind of pick-lock was invented to open the iron Chests and Counter-Boards of the City 8. A Committee to make effectuall the Sale of Bishops Lands and cajole the City and invite them to throw more money after that they had cast away already in purchase of Bishops Lands namely a Committee to consider of a way to secure unto the Purchasers the Mony they had already disbursed upon the said Lands and to remove all impediments in the Sale for time to come To which Col. Harvy said That he had experience in the late defection of the City when the Men most backwards in the Parliaments service were such of the Presbyterians as had no engagement upon Bishops Lands wheras others of the same Party that have interest in the same Lands are as forward as any the best affected Here you see what it is that chaines the affections of the City to this Parliament and what it is that
divides them amongst themselves self-respects makes them run along blind-fold with the Grandees in any designe or faction A good bargaine makes a bad Man Harvey needs no other president but himselfe nor no more visible monument then his exceeding cheap bargaine of Fulham-house and Manour which hath changed him from a furious Presbyter to a Bedlam Independent About this time it was Ordered 9. A Commission into the North to enquire what dammages they have sustained by the Scotish Invasion That Commissions should be issued forth into the Northerne Counties to enquire what Damages they have any waies sustained by Hamilton's Invasion This device was of a twofold use 1. To cut off the Scots demands for Mony due to them for their last Brotherly assistance and otherwise 2. To cajole the poor Country into a beliefe they shall have reparations against the Scots and raise them into a clamorous complaint against the Scots and at last a deadly feud when they shall finde their hopes denied by them and disappointed In the meane time they are patiently eaten up with Taxes and Free-quarter and while they looke for what they shall never have they lose what they have already This was the much applauded invention of Master St. Jâ—hns of Lincolns-Inne 10. Colâ—hester surrendâ—ed with the sequele thereof About this time the newes of the Surrender of Colchester inflamed the Antimonarchical faction from a Feaver to a frantick Calenture They yeilded to mercy and within 4 hours after Sir Charles Lucas and Sir George Lisle for the better explanation what Independent mercy is were shot to death some attribute it to an old quarrell between him and General Fairfax others think it was done to put an affront upon the King and the Treaty Colonel Farre was likewise condemned by the Councel of Warre at the same time but is reprieved as a witnesse against the Earle of Warwicke when time serves for when Warwicke long since waited at the Commons Door with some Ladies to petition for a Reprieve for the Earle of Holland a Souldier of the Guard insolently told him He had more need petition for himself 11. Instructions for the Commissioners to Treat with his Majesty Instructions for the Commissioners to Treat with the King were Debated The Independents propounded that those Propositions that were most advantagious to the Parliament should be first debated and if the King did not confirme them all the Treaty to break off But it was held unreasonable in any Treaty that one Party should bind himselfe before the conclusion and leave the other at large and himself in the lurch so it was Ordered They should be Treated of in order as they lay and according to His Majesties desire nothing binding to either Party untill all was agreed of The next stumbling block cast in the way was that seeing 40 daies onely were allowed for to Treat that they should limit how many daies and no more should be spent in Treating upon every several proposition But this was looked upon as a cavil to make void the Treaty and so over-ruled you see what use these men that gaine by VVar make of their Victories 12. A Debate what Gentl. should be allowed to attend his Majesty in the Treaty The next thing debated was the List of such Gentlemen as were named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man with Cromwell 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 were unduly imprisoned 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 was no farther proceedings therein 13. Master Pryns speech in the House proving the Kings conâ—essions to be a ground for a setlement Thus farre I have briefly set downe the Preparations towards a Treaty the Treaty it selfe between the King in the Isle of Wight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them took up almost all the time until the 6. December 1648. some few businesses of no great moment intervening many imperfect and partial Relations of them have been printed cum Privil gio but Mr. Will. Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648. and since printed hath set down all the most material Arguments on both sides with great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follow only their own Interests of power and profit whose wills and lusts have alwayes bin their own Lawes and are now become the only Lawes of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and will only trouble him with 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 will only say that without them the King cannot be a Governing King but a bare titular King a picture a shadow because the protection of the people depends upon the power of the Sword He cannot protect them and their Lawes with the Scabbard The Authority of the Scepter followes the power of the Sword wherefore to give away one is to lose both nor can the Subjects be any longer his Majesties Subjects but Slaves to their fellow Subjects when so many petty Kings not authorized by any Law of God or Man to protect the People shall hold the Sword over their Heads and distract them with different Opinions disagree in Commands according to the variety of their severall lusts factions and interests how can the King according to his Coronation Oath and duty to which God hath called him Governe and protect his People 1. part sect 40. 41 42. when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other and threatens the other with the longest Sword how absurd and impossible it is for the Subject to expect protection from one hand and to sweare and pay Allegiance to another hand that hath divested it self of all power to protect them let our Lawes the practice of all Nations and times and the judgement of the learnedst Politicians tell you whose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova victigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign 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 forreign 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 Jesuitical disloyall bloudy present Councels 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 Kingdoms 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. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think 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 suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 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 illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed 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 c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 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 Traitour 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 levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason 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 dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have 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 therupon 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 wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several 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 Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
Humane shewing Him to be more then Conquerour of His Enemies in His rare Christian patience and charity the very reading of it aggravateth our loss of so Gracious and excellent a Prince that had learned the whole method of humane perfection in the schoole of adversity Herod and his Jews never persecuted Christ in his swadling-clouts with more industrious malice then the Antimonarchicall Independent Faction this Book in the Presses and shops that should bring it forth into the world knowing that as the remembrance of Heaven strikes a horror into us of Hell So the contemplation of his virtues will teach us to abhorre their vices March 8. 1648. 129. The form of Writs for Elections changed The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament But three dayes before it was reported to the House from the Councell of State what number of Horse and Foot they thought fit to be kept up for the service of England and Ireland 130. A new establishment for the Army reported to the House from our new Masters the Councell of State and the Monthly charge which estimated come to 160000 l. per mensem You see we are likely to finde these our new Lords such gracious Masters to us that as the second part of Englands new Chains saith We shall have Taxes though we have neither Trade nor Bread In the Earle of Essex time when the Warre was at the highest the Monthly Tax came but to 54000 l. a Month yet had we then seven or eight Brigades besides his Army and Garrisons but that the Faction of Saints may carry on the work of a thorow Reformation in our purses as well as they have done in the Church and Common-wealth they first raised the Tax to 60000 l. a Month for England besides 20000 l. a Month pretended for Ireland but I believe little of it slips through their sanctified fingers to go thither And now to shew they can use double dealing against the Ungodly they would double the summ from 80000 l. to 160000 l. a Month this is to break our hearts with property and make them take what impressions of slavery they please to set upon them this Conventicle of State will engross all the Coyn and Treasure of the Land into their own hands and then subdue us therewith and make us like slavish Aegyptians sell our selves and our Lands for Bread or money to buy Bread when that inseparable companion of a long warre Famine approcheth which their barbarous and illegall Sequestrations unstocking mens Farms and laying them wast will inevitably bring upon us they have more hope to subdue and lessen the number of their Opposites by famine and want then by the Sword in order to which they have destroyed the Trade of the City and undone multitudes of Trades-men who being disabled to pay their Taxes the Army cause all their Arrears to be leavied upon the City by a new Tax upon the rest of the Inhabitants and the Outlandlords and when Cromwell was told this would undo the City He answered It was no matter the more were undone the more would clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of Commons in farther prosecution of their said Design and to please their Masters of the Army passed printed and published in the form and style of a Statute this Paper following intituled An Act for the Abolishing the Kingly Office in England WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the Law the Crown cures al defects how can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdom or Dominions or either or any of them Be it therefore Enacted and Ordained and it is Enacted We have sworn faith and Allegâ—ance to K. Charls the First His lawfull Heirs and Successors and our Vow is recorded in Heaven from which no power on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are now Supreme as in imitation of the Pope to bring this Claus in practise Licet de jure non possumus tamen pro plenitudine potestatis nostra volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him are and be disabled to hold or enjoy the said Crown of England or Ireland All our Laws cut off by the non obstante of an eighth part of the House of Commons sitting under a force After almost 1000 years experience it is now found to be dangerous The English were never one half-quarter so much enslaved since William the Conquerour subdued them as they have been since Oliver the Brewer subjugated them and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honours Manors Lands Tenements possessions and Hereditaments belonging or appertaining to the said Crown of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwal or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publike interest of the people and that for the most part use hath been made of the Regal power and prerogative to oppress impoverish and enslave the Subject and that usually and naturally any one person in such power makes
afteroon they having already in their wills and power to dispose of the Kings Queens Princes Dukes and the rest of the Childrens Revenue Deanes and Chapters Land Bishops Lands Sequestred Delinquents Lands Sequestred Papists Lands Compositions of all sorts amounting to Millions of money besides Excise and Customes yet this is not enough although if rightly husbanded it would constantly pay above one hundred thousand men and furnish an answerable Navy thereunto But the people must now after their Tradeâ— are lost and their Estates spent to procure their Liberties and Freedoms be Assessed about 100000 l. a Moneth Master Boon a Member of the House lately a Tapster hath 6000 l. given him Sir Arth Hazelrig 3 great Manours Bishops-Aukland Evâ—r-wood and another Col. Bâ—rkstead the pitiful Thimble and Bodkin Gold-smith bought as much Bishops Lands as cost 10000 l. at two or three years purchase and hath already raised his money that so they may be able like so many Cheaters and State-thieves to give six eight ten twelve fourteen sixteen thousand pounds a piece over again to one another as they have done already to divers of themselves to buy the Common-wealths Lands one of another contrary to the duty of Trustees who by Law nor equity can neither give nor sell to one another at two or three years Purchase the true and valuable rate considered as they have already done and to give 4 or 5000 l. per annum over again to King Cromwell as they have done already out of the Earl of Worcesters Estate c. besides about 4 or 5 l. a day he hath by his Places of Lieu. Generall and Colonel of Horse in the Army although he were at the beginning of this Parliament but a poor Man yea little better than a Beggar to what he is now as well as others of his Neighbours 147. A Petition in behalf of Io Lylburn and his company 2. Aprill 1649. A Petition subscribed by divers Persons in behalf of John Lilburn and his company was presented to the Commons wherein amongst other things are contained these three just demands 1. That no man be censured condemned or molested but for the breach of some Law first made and published to the People whereby is avoided that uncertainty and howerly hazard that otherwise every man is subject to both in respect of his Estate Liberty and Life 2. That every crime have not onely its penaltie annexed hut together therewith the manner and method of proceedings ascertained 3. That the execution of Laws be referred to ordinary Magistrates and Officers by Law deputed thereto and that the Military power be not used but where the Civil is so resisted as that of its own strength it is deficient to enforce obedience 148. Itinerant Ministers an invention to undermine our Orthodox setled Ministers and infect the people with Schismes and Anarchicall principles sutable to the many-headed tyranny of the Grandees Aprill 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deans and Chapters Lands to maintain supernumeracy Itinerant Ministers who should be Authorized to go up and down compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the rascall multitude and schismaticall rabble against all men of best quality in the Kingdom to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Laws and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdom of the Saints upon the ruines of our ancient Monarchy These men like Balaam shall bless and curse for hire and vent State-news State-doctrine and poison the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helm they shall cousen the people with pretended Illuminations Revelations and Inspirations and pour out all the Vials of Gods wrath amongst them Cromwel and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdom were arrived to that height of impudence as to endeavour to cheat them all over again they had by murthering the King abolishing the House of Lords putting an execrable force upon the far major part of the House of Commons making themselves and their Party a tyrannical Councel of State to usurp the Supreme power and Government endeavouring a Toleration of all Religions attempting to take away Tithes See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl. and Army And A seasonable Caution to the City of London printed at the latter end of Relation and Observations Hist and Pol. c. mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendom to defend the common Interest of Kings now controverted in England This cloud threatned to pour down a new War upon them to provide a remedy therefore for this sore Cromwel moved in the House of Commons That the Presbyterian Government might be setled promising his endeavors thereto but whether he meant a Classical or Congregational Presbytery which differs little or nothing from Independency he did not declareâ— and here lyeth the fallacy he likewise moved That the secured and secluded Members might again be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshal Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civil Interest which was more irreconcileable than that Interest of Church-Government whatsoever shew was made to the contrary They will not endure to hear of the KING' 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Son of clemency and abstinency from revenge contained in His last Book The Pourtraicture of His Majestie These things will both apologize for our young King and condemn our bloody vindicative Saints That the Presbyterians as well as the Independents made War against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would look upon
upon the bare Accompt of Englishmen with our Swords in our hands to redeem our selves and the Land of our Nativity from slavery and oppression to avenge the blood of Warr shed in the time of Peace to have Justice for the blood of M. Arnold shot to death at Ware and for the blood of M. Robert Lockier and divers others who of late by Martial Law were murthered at London And upon this our Engagement in behalf of the Common-wealth We do solemnly agree and protest That we will faithfully laying all self-respects aside endeavour the actual relief and settlement of this distressed Nation And that all the world may know particularly what wee intend and wherein particularly to center and acquiesce for ever not to recede or exceed the least punctilio We do declare from the integrity of our hearts that by the help and might of God we will endeavour the absolute settlement of this distracted Nation upon that Forme and Method by way of an Agreement of the people tendered as a peace-offering by Lieuten Collonel John Lilburne Mr. William Walwyn Mr. Thomas Prince and Mr. Richard Overton bearing date May 1. 1649. the which we have annexed to this our Declaration as the Standard of our Engagement thereby owning every part and particular of the Premises of the Agreement promising and resolving to the utmost hazard of our Lives and Abilities to pursue the speedy and full accomplishment thereof and to our power to protect and defend all such as shall Assent or Adhere thereunto And particularly for the Preservation and Deliverance of L. Col. John Lilburn M. Will. Walwin Mr. Thomas Prince Mr. Richard Overton Captain Bray and Mr. William Sawyer from their barbarous and illegal Imprisonments And we Declare That if a haire of their heads perish in the hands of those Tyrants that restrain them That if God shall enable us we will avenge it seventie times seven fold upon the heads of the Tyrants themselves and their Creatures And that till such time as by Gods Assistance we have procured to this Nation the Declared purpose of this our Engagement we will not Divide nor Disband nor suffer our selves to be Divided or Disbanded resolving with sobernesse and civility to behave our selves to the Countrey to wrong nor abuse any man to protect all to our power from violence and oppression in all places where we come resolving to stop the payment of all Taxes or Sessements whatsoever as of Excise Tythes and the Tax of Ninety thousand pounds per mensem And having once obtained a New Representative according to the said Agreement upon such Terms and Limitations therein expressed We shall then freely lay down our Armes and return to our several Habitations and Callings And concerning the equity necessity and justice of our undertaking We appeal to the judgment of the oppressed betwixt their Destroyers and Us Whether by the Law of God of Nature and Nations it be not equally justifiable in us to engage for the Safetie and Deliverance of this Nation as it was with the Netherlanders and other People for theirs and upon the same Principles that the Army engaged at New-market and Triploe-heaths both Parliament and Army declaring That it is no resistance of Magistracy to side with just Principles and Law of Nature and Nations And that the Souldiery may Lawfully hold the hands of that General who will turn his Cannon against his Army on purpose to destroy them The Sea men the hands of that Pilot who wilfully runs his Ship upon a Rock And therefore the condition of this Commonwealth considered we cannot see how it can be otherwise esteemed in us And upon that Account we Declare that we do owne and are resolved to owne all such persons either of the Army or Countreys that have already or shall hereafter rise up and stand for the Liberties of England according to the said Agreement of the people And in particular We do own and avow the late proceedings in Colonel Scroops Col. Harrisons and Major General Skippons Regiments declared in their Resolutions published in print As One Man Resolving to live and die with them in their and our just and mutual defence And we do implore and invite all such as have any sense of the Bonds and Miseries upon the people any Bowels of Compassion in them any Piety Justice Honour or Courage in their Breasts any Affections to the Freedomes of England any love to his Neighbour or Native Countrey to rise up and come in to help a distressed miserable Nation to break the Bonds of Crueltie Tyranny and Oppression and set the people Free In which Service Trusting to the undoubted goodnesse of a just and righteous Cause We shall faithfully discharge the utmost of our Endeavours Not sparing the venture of all hardships and hazards whatsoever and leave the Successe to God Signed by me WILLIAM THOMPSON at our Randezvouz in Oxfordshire neer Banbury in behalf of my Self and the Rest Engaged with me May 6. 1649. For a New Parliament By the Agreement of the People About this time Doctor Dorislaus a Civill Lawyer 159. Doct. Dorislaus stabbed to death in Holland sometimes Judge Advocate to the Earle of Essex and Lord Fairfax and lately one of the Councel in the High Court of Justice against the KING and the 4. Lords was sent from the Parliament Agent into Holland where about 18. Scots-men repayring to his lodging 6. of them went up the stayres to his Chamber whilst 12. of them made good the stayre-foot they stabb'd him to death and escaped About the 14. day of May 1649. 160. Hasleriggs barbarous motion to murder six Royalists of the best quality in revenge of Dorislaus Report was made from the Councel of State to the House of the examination of 3. Servants of Doctor Dorislaus concerning the Death of their Master and what allowances were fit to be given to his Children out of the Kings Revenue thereby to lay an aspersion upon the King as if He having had an influence upon that Fact His Estate must make the recompence notwithstanding Scotish-men did the deed in revenge of Hamiltons death Dorislaus had been a poor Schoolmaster in the Low Countries formerly from whence he was translated to read the History-Lecture at Oxford where he decried Monarchy in his first Lecture was complained of and forgiven by the benignity of the King Then he became Judge Advocate in the Kings Army in his expedition against the Scots afterwards he had the like imployment under the Earle of Essex and lastly under Sir Tho. Fairfax a great Gainer by his employments but withall a great Antimonarchist and a Saint in Cromwells Rubrick and therefore had a magnetique vertue both living and dead to draw money to him in abundance Upon occasion of this Debate Haslerigge moved That 6. Gentlemen of the best quality Royalists might be put to Death as a revenge for Dorislaus and to deterre men from the like attempts hereafter That you may the better see of
much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavy War against the King or adhere to his Enemies in his Realm and thereof be proveably attained of open deed by people of their condition 4. To counterfeit the King 's Great or Privy Seal 5. Or his M ney 6. To slay the King's Chancellor Treasurer Justices of one Bench or other Justices in Eyre Justices in Assize and all other Justices assigned to hear and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the four Lords ought to have been Tried not by a new shambles of Justice doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the Cause be shewed and declared before the King and his Parliament not before the House of Commons only or before both Houses without the King whether it ought to be adjudged Treason You see how few in number these Treasons specified are and that they must be attained of open deed by their Peers our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem seaking of Treasons facia arguebantut dicta impune erant These horrible tyrannies considered and being destitute of all other less desperate relief I do here solemnly declare and protest before that God that hath made mee a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the reverend name and title of a Judge or Justice shall give Sentence of Death upon any friend of mine upon this or any other illegal Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time-serving State-flattering Priests and Ministers notwithstanding follow the examples of Sampson Judith Jael and Ehud and by Ponyard Pistol Poyson or any other means whatsoever secret or open prosecute to the Death the said Judge and Justice and all their principal Abettors And I do here invite and exhort all generous free-born English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramental associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegal and tyrannous Usurpations 162. A motion to inlarge Sir Will. Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the General was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered They were no longer his but the Parliaments prisoners It should seem the Brute hath made a private deed of gift of them to his Journy-men of the House The Generals Warrant seized and imprisoned them and notwithstanding the Councel of Officers declared in Print that they were preparing a Charge against them yet the Knaves lyed like Saints they were then so far from having matter to accuse them of that they have ever since hunted after a Charge against them and endeavoured to suborn Witnesses but after 24 weeks restraint whereas by the Law no man ought to be committed without an accusation they have found nothing against them This turning over of these Prisoners to the House of Commons proves what I formerly asserted in Sect. 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset-house Junto now sitting in the House of Commons 163 The General sends forth Warrants to all Justices of the Peace to attach those Levellers that he had routed The honest Levellers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxfordshire where lying securely because they were upon treaty with the Enemy their Quarters were beaten up and about 180. of them taken Prisoners which their enemies according to their usual custome to gain reputation by lying reported to be so many Hundreds And the General as if they had been all routed sent forth his Warrants to all Justices of the Peace in the adjacent Counties requiring them to apprehend and secure all such of them as shall be found I desire to know by what Authority the General takes upon him to command Justices of the Peace who are not under his Power and what tame Animals these Justices are that will submit to his commands and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword and the Councel of Officers See the Vote and Act for abolishing the Kingly office 164. and his single self the Supreme Magistrate or Tyrant Paramount notwitstanding the Vote of his Journey-men Commons That no single Man should be trusted with the Supreme Power The Levellers having possessed themselves of Northampton the General it is said thought fit to take hold of the Horns of the Altar The General sends to the City for additional Forces and wrote to his vassals of the City to send their Trained Bands to his relief that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Horns may be as visible in their fore-heads as the Nose in Olivers face To cozen the honest Levellers 165. The Commons colourably debate to dissolve this Parl. and settle a succeeding Representative the Commons in order to the ending this present Parliament are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven whose Election shall not be free but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected as are not precisely of the same principles and practices and as deep engaged in their tyrannical trayterous cheating bloody designs as themselves guilty Committee-men and Accountants to the State shall be the next Representative and for the better lengthening of the businesse that they may see what success in the mean time the Levellers will have they wire-draw it through a Committee and refer it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councel of State they will usurp the Supreme Authority there to prepare the way to which design they have passed another Act May 19. That the People shall be Governed as a Free-state by Representatives and by such as they shall constitute and then consider what kind of Representatives we are like to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Judgments
be again set and knit together Dictum de Kennelworth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in War 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchester being yet unpardoned 6. That voluntary sent against him or the Prince 7. The officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three years five years value and half their estates of Land If they sell it such as are by the Kings grant possessed of them to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay half to have half If in three years the whole be unpaid the Land to be divided between him that ows it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during the War have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be acquitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remain where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the battel of Lewis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man possest of wood to fell any but onely for repair till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeal to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of the Fines to provide for them 10. The Legate King and Henry d'Almain to Elect twelve who should eause these Articles to be executed and to see performed what they ordain according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenents that were against the King to lose their Leases but at the expiration of their time the Land to return to the true owner 12. Forts built by the assent of the King but without that of the Person dis-inherited after the Fine paid in three years to pay the costs of building of it in six years or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entred Northampton yet fought not but entred the Church 16. Such as held not of the Earl yet at his command entred to the action with him to pay half one years Revenue 17. Such as held of the Earl to be only at the Kings mercy 18. Impotent persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punish'd by Law yet without loss of life or limb 19. Maliciously accused to have their Estates immediately restored 20. Women to have their own Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been pardoned to remain so 23. Those that are fined to answer no Loss done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publick Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed You see what great care was here taken to prevent spoyl and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. June 178. The loss of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admiral Col. Edw. â—opham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland who proving honester than the Saints expected took a summe of money of him to betray the Town Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livery and seisin and divers Ships he was commanded to conceal this ill news lest it discouraged the City to engage so far with them as to entertain them in the condition of a Free-State and surrender the Sword to them and so spoil the Design of
to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles * 182. The pretended Parliaments Councel of State and Officers confederated with Oneale See An After-game at Irish c. 1649. and the Propositions pâ—inted at Cork and reprinted at London From June 6. 1649. June 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here and Owen Roe Oneale which is now openly declared and avowed by their own licenced News-books Owen Roe and Colonel Monk are joyned saith the Mâ—dest Narrative our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke saith the Scout Owen Roe and Berne are come towards Col. Jones and Col. M nks Quarters he is so fair as to pay Contribution his Quarters are to the Scots side of Dublin to prevent their giving aid to Ormond in his attempt upon Dublin Moderate Intelligencer from June 7. to 14. 1649. num 221. who can blame necessity nor doe our Grandees now deny this Confederacy with the bloody Popish massacring Rebels although they had the impudence to make the only supposition thereof one of the principal Charges against the late King and to raise a great out-cry against the Marquess of Ormond and Lord Inchiquine for their conjunction with Pr ston yet they joyned but to prevent the Cromwelists who offered to associate with him upon conditions much more prejudicial to the Protestant Religion and English Interests than Ormond hath given them They have offered this Oneale all the Lands in Vlster forfeited by his Grandfather Tyrone Shane Oneale and others attainted thereby destroying the British Planters there and this is the reason they imploy so few old Irish Commanders into those parts lest the Oneals should doubt they came to recover their own lands again But our Atheistical Saints account themselves loose when other men are bound nothing but a halter can hold them all obligations to men all duties and vowes to God See the Councel of Wars Answer concerning the secured and secluded Members from 6. June to 13. num 3. they break upon pretended necessity and honest intentions Their Metropolitan Nuntio Judas Haclet tells you Their Party will not joyn with the bloody Irish until they are brought to such a pinch as to say Flectere sinequeo superos Acheronta movebo If God will not be the Author and Patron of their Designs the Devil shall you see these Independents hang between God and the Devil Michael and the Dragon not resolved which part to take Be it known unto all men by these presents 183. Parker the Observator that Harry Parker the Observator is returned from Hamborough and highly preferred to be Brewers Clerk alias Secretary to Cromwâ—l to whose Designs he hath prostituted his pen. There is lately come forth a Book of John Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Book the Tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied to no obligation to God or man wherein he undertaketh to prove That it is lawful for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due câ—nviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwels Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my self to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turn all his Arguments into Syllogismes and then he will find them to be all Fallacieâ— the froth of wit and fancy not the Dâ—ctates of true and solid Reason 2. That for the Historical or narrative part he would throughly examine them and he will find few of them consonant to the plumb-line of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by their name yet the Persons confederated were then extant and active being a complication of all Antimonarchical Anarchical heresies and sâ—hismes Anabaptists See the Mystery of the two Junto's Presbyterian and Independent Brownists Barrowists Adamites Familists Libertines of all sorts the true Heires and Successors of John of Leyden and Knipperdolling in all their principles aad practices united under the general Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the War against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Withes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there always lay hid some evasion equivocation or mental reservation which like a back-door gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necessitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first General the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Saâ— and others of the like stamp and had a clause in his Commission to forbear the King's Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especial instance Monday 18. June 185. L.C. Lilburns Book The Legal fundamental Liberties of the People c. 1649. came forth that most useful Book of John Lilburns called The Legal fundamental Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Laws Liberties and Property consuming us with illegal Taxes Excise Free-quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamental Government of this Nation in order to which they have complied with and cheated all Interests broken all
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the blood of above 100000 Protestants who perished in that War Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their estates and grant them away to such as should advance Monies upon Irish Adventures Touching the War kindled in England the Author confesseth it was a fatal thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until Hotham shut the Gates of Hull against the King attended onely with some few of his houshold servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellors under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedome of Trade from Town to Town A cessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aim was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Chief pawn'd their Souls to Him thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crown and every thing that was personal to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm in a free and full Parliament See Magna Charta 29 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21 Edw. 3. Rot. Parl. nu 16. 25 Edw. 3. c. 8. 36 Edw. 3 Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock in his 2 Instit pag. 59. 60 527 528 529 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actually dissolved above two months before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
forgotten how justly they formerly had been laid aside but they are like the dog that returnes to his vomit and with the sow that is washed to her wallowing in the mire The good old cause what it is And the better to cast a seeming gloss over the foulness of their actions and their clandestine intrusion into the Government they send forth a Declaration in print the particulars whereof might very well have been here observable if they had not already been so cleerly demonstrated by the laborious pen of learned Mr. William Prinne in his book entituled The Republicans good old cause stated having therein so fully detected them Remainder of Crown lands to be sold that there remains nothing more to be said in the same matter And now as if already they had not wasted enough by exposing to sale the Kings Queens Princes Nobles and Gentries Lands and Goods being very quick sighted and of a long and large memory whereby they knew all was not sold therefore about the beginning of June to shew us further what they meant by the good old cause they ordered the bill for publick sales to be brought in A sweet act to enrich the saints as they in their canting language called themselves but their necessities by the long deteining of the publick purse from them being grown very pressing and though they thought the money arising from those sales would be sure yet for their present urgencies not being able to stay till that could be raised they appointed the same afternoon to consider of a more speedy way for raising money for that was all they ever aimed at or hoped for and to this purpose a bill of Assessement is concluded the most fitting Quaâ—enda pecunia primum est And because they would leave no stone unturned from which they might hope gain see how ingeniously they can project making an order to the Committee of inspection a precious crew to take speciall care that such persons who have assumed the titles of Honour Dignities and precedencies heretofore conferred on them by the late King since the same were taken away by act of this present Parliament do pay the severall summes of money by them forfeited Honours gâ—ven by the late King or his Son to be null and that the said Committee do also examine whether they have brought in their Patents and to report how the said monies may be employed to the best advantage of the Common-wealth and to offer an act to take away all honours conferred by the late Kings Son Was there ever such a piece of unseemly inconsistency that the Fountain of honour should be debarred of its spring by a company of peasants whose Acts were no better than of an assembly of rogues at beggars bush but would you know why they were so much troubled 't was precedency that stuck in their stomachs those noble souls went before them both in honour and honesty therefore seeing they could not hinder them from being called Lords by others yea the generality they lay it as a crime of pride upon them that they did assume such titles for which imaginary fault they must pay the summes forfeited for such insolence against their Rumpships O this Auri sacra fames quid non mortalia pectora cogit what will it not make them do They first must pay then bring in their Patents otherwise pay again thus the Divel rangeth fiercest when his time is most short for so generall was theirs hoped to be in regard they and their Masters of the Army could not cotton together The Army fright the Grandees being already alarumed from them by a petition and address yet they grew a little more confident upon the newes of Harry Cromwells submission and falling down to worship the image which they had set up Moncke also having about the same time sent them the resolutions of himself and his Army to adhere to them as a testimony whereof he informed them of a design of an Agent from the King of Scots as they called him which his diligence and care in the Highlands had prevented These newes so animated our Juncto that thinking all cocksure Money matters only taken notice of they fall to their old Trade of raising money First by assessements then by continuing the Excise and Customes untill the first of October and lastly by ordering the Trustees for sale of Crown Lands forthwith to proceed to the sale of all computed within the Act for sale thereof and that they take care of the profits arising from the same for the use of the Common-wealth till sale thereof be made Money being thus taken care for to be raised by all means suddenly after by a Vote they revive the Committee for plundered Ministers or rather for plundering Ministers that so they may also provide them of hacknies who shall infuse into the people strange Enthusiastick wayes of Government Plundered Ministers and Tythes It was not enough with Jeroboam to cause a generall rebellion but with him also to uphold it they make of the lowest and basest of the people Priests of their high places for whom the old way of tythes is not thought good enough it was consulted how a more equall and comfortable maintenance might be setled on the ministry for satisfaction of the people whom thus intending to lull asleep they resolve to advance their own safety by colloguing with the land forces with promises of sudden pay Seamen to be impressed and strengthening the Navy by impressing Seamen which about this time in June they were about And lest they should be wanting to themselves in any thing mercenary drudges of the Juncto begin to take upon them as may appear by this order 22. June 1659 By the Contractors for sale of Crown Lands Crown lands exposed These are to give you notice that Somerset-house with the Appertenances and Hampton-Court with the parkes c. Thereunto belonging are speedily to be exposed to sale and that the Contractors intend to sit on Wednesday next the 29. instant to take in desires of such as intend the purchase of any part of Somerset-House and on VVednesday the 6th of July the desires of any that intend the purchase of any part of Hampton-Court the premises are to be sold for ready money Will. Tayler Clark attending the said Contractors Indeed the last clause for ready money was very nenessary as affairs then stood for the Grandees at Westminster having only wasted and imbezelled the rest by divisions and sharings among themselves and friends with no advantage to the publick Exchequer they would now seem to begin to amend but it is according to the Proverbe like sowre ale in Summer for they intended nothing less than increasing the publick stock but rather by augmenting and converting it to their own use make a hoped provision against an ensuing storm which they foresaw would ere long fall upon them without any means of prevention yet resolving to share the
lies if not answered did from their several and respective Counties as also in the Cities of London and Westminster declare The Gentry declare that they were far from any thoughts of revenge it belonging to God alone alluding to that text of Scripture Vengeance is mine I will repay saith the Lord but as for Justice they would acquiesce in the judgment of the approaching Parliament This being done and the whole Parliament at the appointed time The Parliament begins beginning first with their duty to God they follow that golden Pythagorean rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving him hearty thanks for that their freedome of meeting which when they had cordially done they fell in order to their Governour First They fear God then honour the King As the same Pythagoras goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Heathen we see by the meer light of Nature could dictate that which our Grand Enthusiasts of Religion would not for these many years by the ignis fatuus of their new lighted notion walk after But the Parliament were better principled for after their devotions regularly paid to God they in the very next place own their duty to their Prince upon the first day of May a happy day to be remembred to posterity voting the Government to be by King Kingly government voted Lords and Commons a constitution so incomparably mixed that it may rather be admired then envied neither were they satisfied to rest there but on the Eighth day of the same May caused his Majesty to be proclaimed King of England King proclaimed Scotland France and Ireland which was performed with so much Solemnity and Joy as I presume England I dare say hardly any Kingdome in the World ever saw or were sensible of the like the shouts and acclamations of the pleased people rending the very skies as a token of their extraordinary Thankfulnesse to Heaven and at night by the multitude of their bonfires turning the Darknesse into a kind of lightsome day This hapy beginning thus owned by the general consent of all honest men made the Parliament resolute to prosecute their begun endeavours which the more orderly to do for order befitteth men best both as Subjects and Christians they immediately prepared Commissioners Commissioners sent to the King who were persons choyce for their integrity and wisedome like those heads of the children of Issachar which were men that had understanding of the times to know what Israel ought to do being intrusted to wait on his Majesty and to desire him to come to his Parliament and People with all convenient speed Before whose arrival his Majesty had withdrawn himself from Bruxels not upon any account as was by the ignorant and malicious insinuated but out of a design of safe guard to his own sacred Person as knowing those two principles of the Romanists si violandum est jus Regni causa violandum est and nulla fides servanda est haereticis might prove dangerous if not fatal to his interest as affairs then stood He well remembred Richard the first his case sirnamed Caeur-du-Lion and what his detention once cost England and therefore had no reason to cast himself into the like hazard Therefore having discharged all Accounts whatsosoever at Bruxels he as I said removes his Court to Breda As that first he might hold the more certain and quick intelligence with his friends in England where there hardly wanted any thing to complete his Restoration and the Kingdomes satisfaction but his Personal presence so in the second place he there knew himself safe being within the jurisdiction of his beloved sister the Princesse Royal Mary Princesse of Orange King at Breda whose tender love and zeal to him in his affliction deserves to be written in brasse and graven with the point of a Diamond During the time of his residence there to shew himself to be a second Solomon a Prince of Peace and not onely so but the most pious and merciful of Princes who was wise as a Serpent yet innocent as a Dove by the Honourable the Lord Viscount Mordant and Sir Richard Grenvile since by his Majesties special grace created Earl of Bath Gentleman of his Majesties Bedchamber He sent a most gracious Declaration with respective Letters to the Lords to the Commons to the City and to the Army Whetein His Majesties Declaration layes Independency dead His Majesty first offers a Pardon for all miscarriages and misdemeanors against his Father or himself to all persons such onely excepted as shall be excepted by the Parliament promising likewise securitie to all whose guilt might otherwise endanger them so as they laid hold on his Majesties Pardon within 40. dayes after the publication thereof 2. He refers the purchasers of Kings Queens and Bishops Lands to Justice to the Law and to the Parliament 3. He assures the Souldiery of their Arrears for past services although done against him and of incouragement and pay for the future under him This Declaration was received with no ordinary joy and solemnity the messenger Sr. Iohn Greenvil being rewarded with 500. pounds ro buy him a Jewell and upon reading thereof and a conference had with the Lords who had now reassumed their Native right by taking their places in the higher House they agree unanimously each in their several house That a Letter be sent in answer to his Majesties gracious Letter and Declaration superscribed To his most Excellent Majestie which were since more immediately drawn up and sent by Commissioners before prepared as is already mentioned sixe from each House who were in the name of both Houses 1. To give his Majesty most humble and hearty thanks for his gracious Letter and Declaration 2. To desire his Majesty to return to the exercise of his Regal Office and come to his Parliament and people with all speed possible And thirdly to that purpose to desire him to appoint a place for the Navy to attend him the Commissioners that went from the house of Peeres were these The Earl of Oxford Earl of VVarwick Earl of Middlesex Lord Brook Lord Berckley Commissioners names that went to the King Lord Visc Hereford Of the House of Commons were selected these following Lord Charleton Lord Bruce Lord Falkland Lord Mandevile Lord Herbert Lord Fairefax Sir George Booth Sir Iohn Holland Sir Antho. Ashly-Cooper Sir Horatio Townsend Sir Henry Cholmly Mr. Hollis The City of London having also received the like Letters and Declarations the Lord Mayor Aldermen and Common-Council appoint a loyal and humble answer to be returned wherein they give his Majesty thanks for his tender care grace and favour to their ancient and renowned City which was sent by these worthy Gentlemen For the City of London Alderman Adams Recorder VVilde Alderman Robinson Alderman Bateman Theophilus Biddolph Richard Ford Alderman Vincent Alderman Frederick Alderman VVale John Lewis Esquire William Bateman Esq Alderman Bludworth Major
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old and New Testament of Moses and Christ to so little purpose Yet the House 18. of May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberty of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please and not otherwise for the Sword and the Purse trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed New Books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enslave us and they would set us free have brought us so far below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait Traps to catch us Woe be to that people whose Rulers set snares to catch them and are amari venatores contra Dominum Men-hunters against God nay to move any Person to stir up the People against their Authority is hereby declared Treason mark the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keeper of the Liberties of England or Councell of State shall extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in this Case of Lylburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands and Wives Brothers and all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his profession Secondly If any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit Great Seale It is declared Treason I wonder it is not Treason to counterfeit their counterfeit coyne Behold here new minted Treasons current in no time and place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our New Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic ju beo it shall be Treason be cause they will call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how