shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
most infamous perfid ous and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the Contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanors by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion 110. Six propositions of undoubted verity Another Paper not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of ⧠Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians Every act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to Confer with Him as His Parliament and Councell about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4 C. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the Great Seale of England Iudges of the Kings Courts Iustices of Peace Sheriffs Excise-men Customers and the like with all Committees and Ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be Continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdoms Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Jllustrious Charles Prince of VVales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any Ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Iacobi ch 1. and by all the Iudges of England since Coke 7. Report f. 10 11. in Calvins Case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their bloods to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through faire terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested onely in the Lords and Peers of the Realme being by Inheritance Custome and Law in such case the Kings and Kingdoms great Councell to whose lawfull Commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realm and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse than High Treason and so declared resolved by the last Parliamt in the Cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or Peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge than the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the worke of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Iudges Iuries and Officers 113. Powers given to the Councel of State 14. Febr. The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shal think fit 4. Power to sit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their Command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oathes for both were reformed according to the Godly cut VVhen the Committee of State vvas nominated in the House 114. An expurgatory Oath put upon the Councell of State scrupled by some of the Members and moderated by Cromvvell in opposition of the Levellers divers
attend his Majesâ—y in the Treaty The next thing debated vvas the List of such Gentlemen as vvere named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man vvith Cromvvell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they vvere unduly imprisond and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there vvas no farther proceedings therein Thus farre I have briefly set dovvne the Preparations tovvards a Treaty 13. Master Pryns Speech in the House proving the Kings concessions to be a groud for a setlement the Treaty it selfe betvveen the King in the Isle of VVight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them tooke up almost all the time untill the 6. December 1648. some fevv businesses of no great moment intervening many imperfect and partiall Relations of them have been printed cum Privilegio but Mr. VVill Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648 and since printed hath set dovvn all the most materiall Arguments on both sides vvith great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follovv onely thier ovvne Interests of povver and profit vvhose vvills and lusts have alvaies been their ovvne lavves and are novv become the onely Lavves of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and vvill only trouble him vvith some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106 and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I vvil onely say that vvithout them the King cannot be a Governing King but a bare Titular King a picture a shadovv because the protection of the People depens upon the povver of the Svvord He cannot protect them and their Lavves vvith the Scabbard The Authority of the Scepter follovves the povver of the Svvord vvherefore to give avvay one is to lose both nor can the Subjects be any longer His Majesties Subjects but Salves to their fellovv Subjects vvhen so many petty Kings not authorized by any lavv of God or Man to protect the People shall hold the Svvord over their Heads and distract them vvith different Opinions disagree in Commands according to the variety of their severall lusts factions and interests hovv can the King according to his Coronation Oath and duty to vvhich God hath called him Governe and protect his People 1. part sect 40 41 42. vvhen he hath given avvay his Svvord to a factious Parliament vvhere one Party tyrannizeth over the other and threatens the other vvith the longest Svvord hovv absurd and impossible it is for the Subject to expect protection from one hand and to svveare and pay Alleigannce to another hand that hath divested it self of all povver to protect them let our Lavves the practice of all Nations and times and the judgement of the learnedst Politicians tell you vvhose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova vectigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Gouvernment vvhere the King can doe most good and least evill 1. Let Him be disabled to raise nevv Taxes lay on nevv Tribute 2. Let Him not have the sole povver to make or repeale Lavves vvhich ought to belong to the Common-vvealth not any one Magistrate for no povver is more hurtfull to the People nor stirres more Commotions them these tvvo such is the Kingdome of England the King hath neither the povver of our purses nor the changing of our Lavves in His hands and if he give avvay his Svvord he vvill be such a King of clouts as can doe neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundam Leges non est major neque par such vvas the Dictattor at Rome he had no equall there Papyp cursor dictator ad judged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers vvith this saying Vicit tandem imperii majestas such is the King of England the Common-vvealth cannot compâ—ll him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreme Governour in all Causes over all Persons so doe all our Statutes to vvhom in Parliament vvhich is his highest sphere of majestie i the last appeale by VVrit of Error vvho is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise vvith him and dissolves it vvhen he is satisfied He makes VVarre Peace See the 1. part of this History Prolegomena 1. and is Protector of the Lavves and of all just Interests onely the policy of the Lavv disables him to make repeale or alter Lavves or raise Monies vvithout consent of both Houses by Bill passed vvhich is but an Embrio untill he quickens it by his Royall Assent because this vvay the King may doe most hurt and vvrong to his people as I have already said it being the vvisdome of our Lavves to keep the Svvord in one hand and the purse in another The 1. proemiall Proposition for justifying the Parliaments Cause and Quarrell and condemning His owne Cause and Party 15. The 1. Proposition for justifying the Parliaments and condemning His owne quarrell vvas a bitter pill but an earnest desire of peace svveetned it and guilded it over and invited him to svvallovv it vvithout chavving or ruminating upon it but hovv devilish unchristian and illegall a use the Faction have made of this extorted confession let God judge Their insisting upon it that the King should take the Convenant 16. The Covenant endevoured to be put upon the King vvas an errour in Policy vvhereof the rigid Presbyterians are guilty they supposing the King vvould take it at last stood upon it and intended thereby to joyne the King to their
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to returne the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome being far the major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent Trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other Faction whatsoever which may arise should at any time hereafter get the upper-hand by the Peoples general adhering to them or any divisions of the Army or by any meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present Generall Councell of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnaturall tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
more than My owne particular ends makes Me now at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Iudges I cannot be Iudge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I doe conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this liberty I doe protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Iurisdiction of the Court and a delay Yet the Court vvithdrevv for half an hovver advised upon it and sate againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny justice and notvvithstanding vvhat You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed againe againe that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerk read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat whereas the Commons of England in Parliament had appointed them an high Court of Iustice for the Trial of Charls Stuart King of England before whom He had been three times Convented and at the first time a Charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * Here the Clerk read the aforesaid Charge Which Charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He refused so to doe and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charles Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Iudgement and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw your Prisoner King I am not suffered to speak expect what Iustice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendants of the Court. Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir John Bowcher Sir James Harringtoâ— Sir William Brereton Will Hennigham Es Isaac Pennington Ald Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Colonel John Berkstead Sir Will Cunstable Col. Edward Ludlow Col. Jo Hutchingson Col. Rob Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Es Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennes Bond Esq Humph Edwards Esq Gregory Clement Esq John Fray Esq Tho Wogan Esq Sir Greg Norton Serj. John Bradshaw Col. Edm Harvey John Dove Esq Col. John Venn John Foulks Alder Thomas Scot. Tho Andrewes Ald William Cauwley Esq Col. Anthony Stapley John Liste Esq John Corbet Esq Thomas Elunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq Mr. Bradshaw nominated President Counsellours assistant to this Court and to dravv up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Phileps Clerke to the Court. Messengers and Dore-keepers are Master VValford M. Radley M. 〈◊〉 M. Pâ—vvell Mr. Hull and M. King Cryer 85. Observations upon the Tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. Confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded frighted away And in order to this designe against the King the House of Peers voted downe and yet the House of Commons when intire is no Court of Judicature nor can give an Oath Had indifferent men been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a Civill Martyr dying for the Liberty of the People And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. Februarij Cromwell and Ireton and their Canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their Requests are Commands to enable the said Councell to hang all such as they shall adjudge Disturbers of the Army 1. Part of Englands lyberty in Chaines sub fine And the Hunting of the Foxes c although no Members of the Army they must
clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of commons in farther prosecution of their said Designe and to please their Masters of the Army passed printed and published in the forme style of a Statute this Paper following entituled An Act for the Abolishing the Kingly Office in England Ireland and the Dominions thereto belonging WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the lavv the Crovvne cures all defects hovv can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdome or Dominions or either or any if them Bee it therefore Enacted and Ordained and it is Enacted VVe have svvorn saith Allegiance to K Charls the First His lavvfull Heyres Succ ssors and our Vovv is recorded in Heaven from vvhich no povver on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are novv so Supreme as in imitation of the Pope to bring this Clause in practise Licet de jure non possumus tamen pro plenitudine potestatis nostrae volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him All our Lavves cut off by the non obstante of an eyght part of the House of Commons sitting under a force After almost 1000. years experience it novv found to be dangerous The English vvere never one half-quarter so much ens aved since VVilliam the Conquerour subdued them as they have been since Oliver the Brevver subjugated them are and be disabled to hold or enjoy the said Crown of England and Ireland and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honors Manors Lands Tenements Possessions and Hereditaments belonging or appertaining to the said Crowne of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwall or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publique interest of the people and that for the most part use hath been made of the Regall power and prerogative to oppresse impoverish and enslave the Subject and that usually and naturally any one person in such power makes it his interest to incroach upon the just freedome and liberty of the People and to promote the setting up of their owne Will and power above the Lawes that so they might enslave these Kingdoms to their owne Lust * * But in a Councell of State of forty Tyrants sitting under the protectioÌ„ and avve of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be ayding assisting comforting or abbetting unto any person or persons that shall by any waies or meanes whatsoever endeavour or attempt the reviving or setting up againe of any pretended Right of the said Charles eldest Sonne to the said late King James called Duke of Yorke or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regall Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland High Treason is what these Legislative Thieves list to make it an Arbitrary or me notvvithstanding the Stâ—t 25 Ed 3. for limiting ascertaining of Treasons for security of the People Tiberius and Neâ—o's daies are falleÌ„ upon us of vvhich Tacitus lugeni crimen debitiae c mplementum omnium accusationem lasa majestat and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High Treason the Offenders therein their Counsellors Procurers Ayders and Abettors being convicted of the said Offence or any of them shall be deemed adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like the same paines forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to returne to its just and antient right of being Governed by its owne Representatives or Nationall meetings in Councell * * VVhen vvas England governed by their ovvne Representative or had any other regliment then Kings But vvhat the Legislative Conventicle declares vve must believe though contrary to our knovvledge They vvill lead our faith and reason in a string or have our necks in a halter A period to this Parliament and leave the Supreme povver in the Councell of State a designe long since aâ—tempted See 1 and 2 part of
but without that of the Person dis-inherited after the Fine paid in three yeares to pay the costs of building of it in six yeares or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earle of Leicester to pay two yeares Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entered Northampton yet fought not but entered the Church 16. Such as held not of the Earle yet at his command entered to the action with him to pay half one years Revenue 17. Such as held of the Earle to be onely at the Kings mercy 18. Impotent Persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punisht by Law yet without losse of life or limb 19. Malitiously accused to have their Estates immediately restored 20. Women to have their owne Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been Pardoned to remaine so 23. Those that are fined to answer no Losse done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publique Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Trouble sby any to whom he ought to Succeed You see what great care was here taken to prevent spoyle and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to Keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. Iune 178. The losse of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admirall Col. Edw. Popham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismall Relation of his ill successe in tampering with the Governour of Kingsale in Ireland who proving honester than rhe Saints expected tooke a summe of money of him to betray the Towne Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livory and seasin and divers Ships he was commanded to conceale this Ill newes lest it discouraged the City to engage so farre with them as to entertaine them in the condition of a Free-State and surrender the Sword to them and so spoile the Designe of their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of Iune and lest it should dishearten more secluded Members from comming to sit in the House with them againe knowing tbat Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Iune Popham made another kind of Report to the Plebeians of the Commons House who must not be trusted with the truth of State-mysteries but like Wood-cocks must be led in a mist Thvt he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietnesse and the better to adorne the fable and suppresse the truth from approaching the ears of the people the House that day 5. Iune passed an Order That for this remarkable additionall mercy bestowed upon them in the prosperous successe given to their Fleet at Sea upon Thursday next 7. Iune the day set apart for publique Thanksgiving the Ministers should praise God Lord since these audacious Saints are so thankfull to thee for one beating bestow many more beatings upon them for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like successe since which time forty sayle of Ships are pressed in the Thames to recruit their shattered Navie Scout from Iune the 8. to 15. 1649. given forth to be a Winter Guard at Midsomer 179. Gifts given amongst the Faction Iohn Blackiston is packed away to the other world and the House upon 6. Iune voted to his Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the losse of his pedlery Ware in his Shop at Newcastle he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead 500 l. more was given to Iohns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 4000 l. per ann Lands are to besetled upon the Generall out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon-Parke upon the Earle of Pembroke 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services 4868 l. to the Lord Lisle out of the Monthly Assessment for Ireland for his penny-worth of good service done there you see to what purpose we pay Taxes 2000 l. Land per an and 1000 l. Money given to Bradshaw the price of Bloud And 400 l. more given to the Poor of the City to stop their mouths from cursing upon the Thanksgiving-day out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government this is according to the Spanish Proverb To steale a Sheep and give away the Trotters for Gods sake You
the King amongst them Againe they say That if the King come in to the Parliament He vvil be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army vvill be looked upon as Oppressers and the jealousies and discontents of the People be increased against them and make them apt to joyne issue vvith the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these vvords and their ovvne practice I conclude for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchicall Government and Lavv of the Land to murder the KING as they have since done Againe they say If the King vvere returned each Party vvould strive first and most to comply vvith Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold vvhat use these covvardly Saints make of necessity and self-preservation 5. That they may appeale to their Svvord against the Authority of any their Governours in order to publique safety vvhich tvvo last conclusions set the dore vvide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellovv is apt to raise them into a storme against their Governours for their fabulous assertions vvherevvith these Saints usually guild over their foule actions 1. That the Houses were free vvhen they passed the 4. Votes for Non-Addresses 2. That they vvere not free vvhen they recalled them 3. That the People vvere quiet and contented untill the recalling those 4. Votes and aftervvards vvere untsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered Himselfe to them 5. That vvhen they made Addresses to Him it vvas but to prevent the Presbyterian Party But it appeares their ayme from the beginning vvas to suppresse the Presbyterian and advance their ovvne Party and lay by the King and domineer over Him and the Kingdome for vvhen Cromvvell had brought his Designe to perfection he said at Kingston That he vvas as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65 66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of tvvo sorts all founded upon the said live Antimonarchicall Principles The first for satisfying publique Iustice that is for the Hang man to teach the Iudges vvho they shall Sentence to execution 1. They demand the Person of the King may be brought to speedy Iustice this affront they put upon the Parliament vvhen they vvere neer conclusion of their Treaty vvith Him vvhen He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamentall Government and Lavves of this Land and consequently the Liberty and Property of the People their Deaths-vvond By the lavv of God nature reason and the Lavves of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oathes of Allegiance Supremacy Stat of Recognition 1 Iac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edvv. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec p. 72 73 74. 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no povver to hurt the Kings Prerogative much lesse I thinke to hurt his Person the Lavves are the Kings Lavves Courts the Kings Courts Iudges his Iudges Great Seale his Seale the VVrits the Kings VVrits the Iustice and Peace of the Land are his consequently the VVars his VVarres he is the fountaine of all Authority as vvell as of all Honour Thou shalt not speake ill of the Governour of the People therefore not accuse him The King hath no Superior nor equall in England contrary to that false distinction of the Observator that he is Major singulis minor universis VVhen David vvould have gone forth to Battle his Army dissvvaded it using these reasons If vve flee they vvill not care for us neither if halfe of us die vvill they care for us But thou art vvorth ten thousand of us here you see the King is reckoned major universis more than all his Army and yet that Army vvas at that time in effect all the vvel-affected of the Land and therefore by the Anarchicall Principle aforesaid the onely people of the Land for further proofe hereof I appeale to all our Lavvs and Statutes hovv vvill they Trie him vvho shall Iudge him vvho are his Peeres that he may be Legally Tryed like a Freeborne man for sure they cannot deny him that right according to Magna Charta per legale iudicium parium suorum It is a grounded Maxime in our Lavves The King can doe no vvrong vvherefore then vvill they Trie Him for doing no vvrong The policy and civility therefore of our Lavves and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency alvvaies accused his Evill Counsellours and Ministers and freed Himselfe lest they gave advantages to ambitious men Absolon-like to scandalize and dishonour him and render him lovv and vilde in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royall Throne vvhich is alvvaies accompanied vvith an earth-quake of the vvhole Land * 1. Pet. 2.13 Here the King is called Supreme not the People and though said to be an ordinance of man in some respects yet S. Paul Rom 13. saith He is ordain'd of God 2. Governours are distinguished the King is Supreme and Governors are sent by him his Comâ—ission Besides it appears Gen. 3.16 4.7 God gave not to all men that freedome which is supposed the foundation of supremacy in the people He made them not masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of vvhom the Commonalty consists and each individuall nor the whole Commonalty can give him more power then himselfe hath But no man hath power over his owne life neither arbitrarily nor judicially but onely over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with
their liberty and subjected to him and then God who only hath power of life death invests the King with power to be the Minister of God to execute vengeance not bearing the Sword in vain Rom 13. See Dr. Hammonds Letter to the L. Fairfax Ian. 5. 1648. Saint Peter bids us Submit to every ordinance of man for the Lords sake vvhether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse vvill according to their 4th Antimonarchicall Principle make the giddy ignorant tumultuous many-headed multitude Iudges of their King and make the confused Rabble his Superiours thereby setting up tvvo Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lavves and leave all to the povver of the Svvord in an Arbitrary vvay to carry on their designe to vvhich purpose they have lately caused their Iourney-men the present House of Commons to Vote contrary to our knovvne Lavves That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchicall Principle of the Army and their Party vvho vvanting reason to prove it assert it by the Authority of their Mock-Parliament and must novv make it good by the Svvord to justifie their proceedings against the King and People These popular principles are meer empty notions vvhereby the Grandees dravv the Supreme Authority thorovv the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in enjoying the fruits of their labours their goods possessions estates and their personall liberty according to the knovvne Lavves of the Land VVhen Harry Martyn in Berksh forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that vvhich vvas not their due to rob them of that vvhich vvas their due their Horses Goods Money plundered from them for service of the State forsooth and beat them that defended their ovvn so that vvhile he flattered them to be the supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a fevv covetous ambitious men that desire to bring the King to capitall punishment and subvert our fundamentall Government and Lavves that have usurped the povver of the Kingdome into the hands of their Faction and novv require this to keep themselves from being called to account The second demand tends to Dis-inherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquite themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome this Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and vvill This is to shut the dore after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their ovvne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the nevv erected Committee of State the hogen mogens at VVhite-hall Thus you see having removed out of the vvay the King the first and most visible legall Authority they vvil novv put dovvne the Parliament the second visible Authority of England vvho are novv the onely Bulvvarke against the Tyranny of the Svvord and then as Major VVhite said at Putney long since there vvil be no visible Authority left in England but the povver of the Svvord vvich vvil introduce a nevv Parliament or rather fantasticall nevv invented Representative destructive to Parliaments all of their ovvne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That none shall be capable of Electing This is so exdlained by the Moderate one of the raling Pen men of the faction who hath a large share in the 500. or 600 l. a yeare allowed to these Pamphletiers for divulging State lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shal signe to the Agreement of the People vvhich is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchicall Principles in the beginning of this Paragraph nor any that oppose this Agreement By vvhat Authority but the arbitrary svvay of the Svvord shall Free-men be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Lavv and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and vve are their Slaves 3 That Elections may be so distributed as to render the House of Commons a Representtative of the vvhole People that is tagge and ragge and Canting Beggers vvho have nothing to give or lose as vvell as Free-holders so farevvel VVrits of Summons and all orderly legall formes if all men vvithout any distinction may Elect and be Elected all vvill fall into confusion the Rabble vvill never agree all things vvill tend to Riots and Tumults so that the better and soberer sort vvill and must forbeare and leave all in the hands of the Rascallity and at last no Representative vvill be chosen or such an one as the People vvill be ashamed to ovvne and vvill desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice hovv frequent Civill VVarres are in all Elective Kingdomes during the interregnum or space betvveen the death of the old and choice of the nevv King hovv obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland heretofore Bohemia and Hungary tell all Histories are full of examples yet if our Elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crovvne Revenues be othervvise disposed of as is inferred and their Heads exposed to the humours ol the People or their Representative
and fundamentall Government of the Kingdome be elected chosen or put into the Office of the Lord Major of the City of London Sheriffe Alderman Deputy of a VVard or Common-Councel-man of the said City or shall have any voice in the election of any such Officers for the space of one vvhole yeare and be uncapable of any of the said Places yet novv these petty Fellovves keepe the vvhole City in avve 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of VVarre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep untill the beginning of November 1648. vvhen to hinder the peace of this Kingdome and reliefe of Ireland the Iesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to breake off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the Generall and his Councell of Officers though they had formerly shot a Souldier to death for prosecuting it unanimously approved it at Saint Albons November 16. 1648. and obtruded it upon the House the 20. Novemb. and vvhen they found the House so resolute in the Treaty as to proceed they first seized the Person of the King and carried Him to Hurst-Castle as aforesaid and vvhen the House at last closed up the Treaty vvith this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a setlement 40. VVhy they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted avvay at least 40. or 50. more leaving onely their ovvne Somerset-house Iunto of 40. or 50. thriving Members sitting to Vnvote in a thin House under a force vvhat had been voted in a full and free House To vote dovvne the Kingly Office and House of Peers to vote the Supreme Authority to be in the People and in the House of Commons as their Representative clean contrary to their three last recited Votes To bring the King to capitall punishment before a nevv invented illegall mixed Court consisting of engaged Persons erected for that purpose that hath neither foundation by prescription nor Lavv and to erect a Councell or Committee of States out of their number in the nature of Lords States Generall or Hogen Mogens vvith an unknovvn and therefore unlimited Authority to continue in being after the dissolution of this Parliament So farevvel Kings Lords and Commons Religion Lavves and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore only to gull the People and carry on their designe About 19. 41. Diverse Lords doe homage to the Generall and wave their honours Decemb. divers Lords vvent to doe homage to the Generall to expresse their good affections to him and their concurrence vvith him for the common good and their readinesse to vvave their priviledges and Titles if they shall be found burdensome to the liberty of the People and had a gracious nod for their paines About this time the Lords Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following to this effect 42. An Ordinance to curb the City in electing Officers That no Person that hath been imprisoned or sequestred rightfully or vvrongfully or hath assisted the King against the Parliament in the first or second VVarre or hath been aiding or assisting in bringing the Scots Army to invade this Kingdome or did subscribe or abett the treasonable Engagement 1647. or that did ayde assist or abett the late Tumult vvithin the Cities of London and VVestminster or the Counties of Kent Essex Middlesex or Surrey shall he elected chosen or put into the Office or Place of Lord Mayor of London Alderman Aldermans Deputy Common Councel-man or into any office or place of trust vvithin the City for the yeare ensuing or be capable to give his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehended under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councell or execute any of the aforesaid Offices he shall forfeit 200. And all such Elections to be null and void the Lord Mayor to take order that this Ordinance be read at all Elections and punctually observed and also to afford the liberty of the Pole it being required by any of the Electors present But this Ordinance not giving full satisfaction to the Zealots Skippon stood up Skippon moveth for an Addition to the said Ordinance and looking as demurely as if he meant to say Grace he told the House That the late Ordinance was not sufficient to keep Malignants out of Office in London for Mr. Speaker said he It is not enough to exclude Delinquents or the Abettors of the late Insurrections c. for there are a more dangerous sort of men amongst them They which promoted the Treaty and endeavoured to have the King brought to London except these be made incapable of Authority it will be a great discouragement to the Godly party of the City So an additionall Ordinance to this end vvas ordered to be brougth in you see to endeavour peace and setlement is accounted by these Saints militant a sufficient crime to forfeit a mans Brith-right 43. The Members subscribe Iohn Gourdons Protestation sect 29. I formerly told you of Iohn Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of VVight and especially against the Vote 5. Decemb. 1648. vvhich declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to proceed to a setlement and untill such dissent or disapprovall to forbeare the House This vvas done in obedience to the demands of the Army in their Remonstrance presented 20. Sect. 23. Novemb. 1648. And although it be so clearly against the Orders and Priviledges of Parliament that divers Members formerly and some this Parliament have been suspended the House and committed to the Tovver for offering it because it tends to breed factions and divisions in the House and Tumults vvithout dores yet every request from an Armed man is a Command and must be obeyed The List of the Names of these nevv Protestants follovveth and it is hoped they vvill in time give better Reasons then the power of the Swoâ—d for it 20. December 1648. subscribed The Lord Lâ—ste Col. Boswell Io Gourdon Lord Gray Peregrine Pelham Col. Iones Col. Temple Col. Ven Sir Tho Malevourer Sir Thomas VVrotâ—e Sir Io Bourcher Col. Peter Temple Humphry E wards vvho vvaited on the King to the House vvhen he demanded the 5 Members and his Election is adjudged void by a Committee Mr Tho Challoner Sir Gregory Norton
to his Officers to know what they had against him Who it seemes act all things without his privity and steere all the Armies present counsels and designes according to their absolute wills The publique Declaration and Protestation of William Pryn of Lincolnes Iune Esquire Against his present Restraint and the present destructive Councels and Iesuiticall proceedings of the Generall Officers and Army I William Pryn a Member of the House of Commons and Free-man of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Eares Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedome and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publick services Doe here solemely declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon reall grounds of Religion Conscience Iustice Law prudence and right reason for the speedy and effectuall setlement of the peace and safety of our three distracted bleeding dying Kingdomes on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharge my duty on the Parliament staires next the Commons dore forcibly seized upon by Col. Pride Sir Hardresse Waller and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foot haled violently thence into the Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forcibly detained Prisoner with other Members there restained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or other accommodations contrary to the known Priviledges of Parl. the fundamentall Laws of the Realm and liberty of the Subject which both Houses the 3. Kingdoms the Generall with all Officers and Soldiers of the Army are by soleme Covenant and duty obliged inviolably to maintaine Since which I have without any lawfull power or authority been removed and kept Prisoner in severall places put to great expences debarred the liberty of my Person calling and denied that hereditary freedome which belongs to me of right both as a Free-man a Member an eminent sufferer for the publike a Christian by these who have not the least shadow of authority or justice to restraine me and never yet objected the least cause for this my unjust restraint I do therefore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannicall power the greatest breach of faith trust Covenant priviledges of Parliam and most dangerous encroachment on the Subjects liberties and Law of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedome in all their Remonstrances whiles they are triumphantly trampling them all under their armed iron feet And doe further hereby appeal to and summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others lesse tyrannicall oppressive unjust and fedifragus to God and men than themselves And doe moreover remonstrate that all their present exorbitant actings against the King Parl. present Government their new modled Representative are nothing else but the designs projects of Iesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Lawes Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdomes yea the Generall Officers and Army themselves and that with speedy and inevitable certainty to betray them all to our forraigne Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forraigne Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Iesuiticall disloyall bloudy present Counsels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdomes in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. Ianuary Num. 283. 27. Decemb. The Councell of Warre who manage the businesse in relation to the King saith the Diurnall ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and worke Him to their desires 52. Cromwels Sp. in the Ho when it was first propounded to trie the King When it was first moved in the House of Commons to proceed capitally against the King Cromwell stood up and told them That if any man moved this upon designe he should thinke him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the sudaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confirmed 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegall as they please to miscall them Oathes of Allegiance Supremacy and other Oathes usually administred to Officers Free-men c. of the City The 28. Decemb. Tho Scot brought in the Ordinance for Triall of the King it was read and recommitted three severall times 54. The Ordinance for Triall of His Majesty passed
vvhen the publique is not concerned as any man All vvhich I thought meet to informe your Lordship of vvhom I am heartily sorry to see so much dishonoured abused and misled by rash ill-advised Officers and dangerous destructive and I dare say jesuiticall councels to the Parliaments dissipation the Kingdomes prejudice Irelands losse most good mens and Ministers grief your best Friends astonishment your Enemies and the Papists triumph our Religions scandall and your ovvne dishonour vvhich I beseech you as an English-man a Christian a Professor of piety and Religion a Souldier a Generall to lay sadly to your heart as the earnest request of From my Prison at the Sign of the Kings-head in the Strand 3 Ianu 1648. Your Lordships faithfull Friend and Monitor VVilliam Pryn. * An additionall Postscript WE read Luke 3.14 that vvhen the Souldiers demanded of Iohn Baptist saying and what shall we doe he said unto them Doe violence to no man or put no man in feares neither accuse any falsly and be content with your allowance not imprison depose or murther Kings pull dovvne Parliaments imprison violently shut out and drive avvay Parliament-men and then lay all false accusations and scandals upon them to colour your violence subvert Kingdomes alter States breake all bonds of Lavves Oaths Covenants Obligations Engagements to God and Men usurp all civill military and Ecclesiasticall povver and the Kings Royall Palaces into your ovvne hands as supreme Lords and Kings raise vvhat nevv forces and leavie vvhat nevv Taxes you please take up vvhat Free-quarters and Houses seize and plunder vvhat publick Treasuries monies you please without Commission or Authority obey niether God nor Man neither Parliament nor Magistrate and be content with nothing but alter and subvert all things These are Saint Peters new Doctrines and Revelations to our Officers and Souldiers now those Jesuits who lurk amongst them not Iohn the Baptist whose Canonicall advice is now rejected as Apocryphall even among the Army Saints who preferre every ignis fatuus though from Doway or Rome it selfe before this burning and shining old light and are guided onely by a new minted law of pretended providence or necessity of their owne forging and not by the revealed will law of God the sacred light whereof their present works of darknesse dare not approach lest they should be reproved condemned by them But some 43. Actions of false imprisonment by the imprisoned 150. Actions of the Case by the secluded Members brought against these domineering lawlesse Officers Grandees of the Army wherein good Damages will be recovered some 12. Indictm of High Treason against them for laying violent hands upon the Kings Person the Members and leavying Warre against the Parliament will teach them more obedience humility modesty than either Iohn Baptist Saint Paul Saint Peter or Saint Peters will doe and be like Gideon thornes and briars of discipline to these men of Succoth with whom no faire meanes will prevaile who might have learned so much law and justice from an Heathen Souldier and Governour Festus Acts 25.27 It seemeth unto me unreasonable to send much more to commit a Prisoner and not withall to signifie the crimes layd against him and come short of that ingenuity of the heathenish chief Captaine who seized upon Paul thereby to appease the Tumult at Hierusalem Acts 22.27 29. who as soone as ever Paul told him he was a Roman Free-borne then straight way they departed from him who should have examined him and the chiefe Captaine also was affraid after he knew that he was a Roman and because he had bound him And should not false imprisoning of a Parliament-man Free-born English-man be as formidable to our chiefe Captaines being a Christian I say sworne and vowed to defend the Houses Priviledges and Members Persons as the Imprisonment of a Roman was to this chiefe Captaine they as ingenious and just as he who shall rise up in judgement against them and condemn them at the last I shall close up all with this observation That as the most glorious Angels in Heaven when they fell through pride and ambition as most conceive became the very foulest Devils in Hell so the most resplendent seeming hypocriticall Saints when they fall through the like sinnes and have power in their hands become the most incarnate Devils and Monsters of treachery and tyranny upon earth exceeding Turkes and Pagans therein of which we have now sad experience in our Army-Saints who every day aggravate and yet justifie their impieties exorbitances 2 Chron. 28.11 Now heare me therefore and deliver the Captives again which ye have taken Captives of your Brethren for the fierce wrath of God is upon you Will Pryn. 64. Another forg'd Letter endeavoured to be fastned upon Sheriff Brovvne The Saints having nothing to say against Major Gen Browne unlesse they should accuse him for being true to King Parliament City Kingdome to all the first declared Principles of this Parliament fell to their old trick to fasten another counterfeit Letter upon him wherefore a Man coming to S. Iames's where he was then imprisoned desired in the hearing of all present to speake with him in private Major G. Browne told him He was not for private conference bade him speake openly then the Fellow presented a Letter to him saying It was from the Prince but Maj G. Browne remembring the like trick put upon him before called for the Guard to apprehend him when presently the Messenger threw te Letters into the fire and the Marshall catching them out halve burnt affirmeth He saw Charles Prince written upon them Sanctified eyes may see through the spectacles of their owne fantasie what they please to accomplish their Designe therefore they have a new principle or light which as the 7. May be added to the aforesaid 6. that though they have no proofs nor evidence against a man yet if in their cōsciences they think him guilty they may condemne him upon the testimony of their owne consciences this is to condemn by Revelation such whose bloud they desire to sucke This supposed Messenger from the Prince was seized by the Guard but no proceedings against him heard of which argues it was but a snare set to catch the Major About this time to second this device a Man gallantly clothed and mounted comes to the Beare in the Strand 65. Another more generall forgery to endanger vvhom the Faction please It vvill be proved that divers VVitnesses have beē practised tampered vvith against Mr. Brovvne and others gives the Hostler a Peece bids him have a care of his Horse then goes into the City the plot being forelayd was taken there with Letters subscribed with the Princes name to divers Citizens Members against whom they want matter of accusation I heare no more of this matter yet this is a device dormant to be awakened hereafter if any shall oppose the present actings of the
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie him for his life in the Upper Bench forsooth which all the Lawes call the Kings-bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for Publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit to morrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
all Orders p. 8. 13. 41. 43. 44. 49. 51. 61 64. â—6 9â— 623. 69â— 879. Appendix pag. 15. they Declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the Nationall Covenant they vowed to defend the Kings Person and Authority in preservation of true Religion and Liberties of the Kingdome and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your owne hands robbing both King Lords the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied Warre against the Parliament to dissolve it till the removall of which force and restoring your Members with freedome and safety you ought not to sit or Act by your Armies owne doctrine in their Remonstrance Aug. 18. by the Declaration and Ordinance of both Houses Aug. 20. 1647. Also 15. E. 3. n 5. 17. E. 3. n. 2. 6. 18. E. 3. n. 1. 2. 5. c. â— R. 2. n. 1. 2. R. 2. n 1 3. R. 2. n. 1. 4 R. 2. n. 1. 5. R. 2. Parl 1. n. 1. Parl. 2. n. 1. 8 H. 4. n. 28. Sec. 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39 H. 6. c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2. dorso clauso 6 E. 3. m. 4. 6 E. 3. apud Westm ' Parl. 2. n. 1 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the Houses were full 7. You have neither Law nor president for what you doe Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resigne their Crowns in a formall way one to his Sonne the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reigne without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb vvithout hearing them See Mr. Io Grereâ—s Ans to that silly Sophister Io Goodvvin called Might overcomming right Ian. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Ian. 1648. with much adoe got printed their Vindication against the Aspersions cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The summe whereof is as followeth By the Preamble of this Answer by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited 73. The sec secl Mem. Defence aginst the scandalous An of the C of VV it appeares this designe to breake the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it selfe irregular and not justifiable but by honest intentions and extraordinary necessity the weaknesse of which Answer we must examine but first must state the case between us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdome and to be from time to time subject to such Orders and directions as they shall receive from both Houses of Parliament and to this end they stand Commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemne Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdome they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded drove away many of the Members the Question is Whether this Action be Iustifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to this Parliament 4. To set up a new Representative of their owne which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentioÌ„s for publique good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Lawes of God and the Land under which they live which they are engaged to maintaine we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The Agreement of the People which is lower in demands than these which they call Honest intentions for publique good was condemned by the Army The promoting it in the Army judged mutinous and capitall Col Rainsborough and Major Scot complained of in the House for appearing in it and the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or Principle is Extraordinary Necessity for the same end To this we say 1. The Army made the same plea of necessity in their Remonstrance Iune 23. 1647. upon quite contrary grounds to what they expresse now both to justifie the same violent proceedings against the Parliament then when the King was seized upon by a Party of the Army without Order from the House the Army advanced against the Parliament They say in their Letter to the House Iuly 8. 1647. There have been several Officers of the Army upon severall occasions sent to his Majesty the first to present to Him a Copy of the Representations and after that same others to tender Him a Copy of the Remonstrance upon both which the Officers sent were appointed to cleer the Sence and intentions of any thing in either Turne back to sect 2 and see my Aniadvers upon the Army 20. Nov 1648. p. 4 5 6 7. Paper whereupon His Majesty might make any Question There the Army Treated with the King yet now they offer violence to the Parliament for Treating with the King Then in their Remonstrance 25. Iune
1647. they say We clearly professe we doe not see how there can be any peace to this Kingdome firme and lasting without a due consideration of and provision for the Rights quiet and immunities of His Majesties Royall Family and His late Partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliam thought it not reasonaâ—le the King should be sole Iudge of publick necessity in case of Ship-mony Return to sect is where I set downe 6. of their Principles though He hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this generall plea of necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publique Necessity 2. This Principle Necessity is destructive to all Government for as the Generall Officer urgeth necessity for acting against the commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the commands of his Generall The Souldiers gainst their Officers any other 20000. men in this Kingdome against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons in Parliament are not accountable for the use of their trust to any but the House The Commons have their Authority from the VVrit of Election though their electioÌ„ from the people See the VVrit Crompton's Iurisdict of Courts Tit Parliament being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising votinq assenting according to their judgments not according to the judgments of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5. before we enter upon them the summe is That by the endevors of some old Malignant Members In all nevv Elections there were 2. IndepeÌ„dents chosen for one of any other principles IndepeÌ„dents vvere theÌ„ Commissioners for the Great Seale â—â—d livered VVrits to men of their ovvne Party vvho had the advâ—ntage to keep them and chuse their ovvne time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unlesse the major part of the House were alwaies such before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections where chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They vvould neither go for Ireland themselves nor suffer others to go 1. part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by recalling the Lord Lysle from his command there and putting the best part of the said Kingdome and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Natavi Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we say the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there This Lo vvent late carried over 160000 l. for vvhich he hath not yet accounted began a quarrell vvith In hiquine put him into discontent then returned See the Irish Letters Papers to the House in print and lesse meanes to relieve them the Lord Lysle was not recalled from his Command there but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles returne for England the Lord Inchiquine did gallant service against the Rebels tooke many strong Holds from them and won the Battle of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituded for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appeare 2. Their endeavours to bring in the King upon His owne Tearms without satisfaction and security to the Kingdome viz upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable by Ordinance 17. Decemb 1647. put an incapaciti upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honourable employment for the Forces of the Army to prevent such higst distempers as have since ensued 3. That they endeavoured to
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
the Houses formerly in their Ordinances presented to Him at New-castle did themselves thinke fit to settle it For the Sale of Bishops Lands upoÌ„ the Publique Faith we say Every cheating Saint of the Faction must have the Publique Faith exactly kept though he bought the Lands but at 2. or 3. yeares just value and vvith such monies as he thad formerly cheated the State off vvhen other men vvho have lost the best part of their Estates by and for the Parliament for compensation vvhereof they have the Publique Faith engaged by Ordinances are consumed by Taxes and repayed vvith reproaches onely That although the Purchagers might well have afforded to have given the same rates for their purchases which they now give if they might have had them assured by Act of Parliament for 99. yeares and such moderate Rents reserved as the King intimates in his Answer yet in His Answer He expresseth a farther satisfaction to be given them upon which we should have insisted notwithstanding the said Vote 5. Decemb. 1648. We farther alleage That the King having granted the rest of the Propositions and so much in these 2. Delinquents and the Church the Nationall Covenant doth not oblige us to make Warre upon this point nothing can make Presbytery nor the Purchasers of Bishops Lands more ordious nor endanger them more than to make them the sole obstacle of peace nor could any thing more worke the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to passe the said Vote 5. Dec. 1648. come next to be considered 1. The saving of Ireland 2. The Regaining the Revolted Navy and freedome of the Seas 3. The support of the Auncient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a Breach with the King Returne to sect 71. As 1. the Deposing the King if not the depriving Him of life whereupon flouds of misery will follow and schandall to the Protestant Religion which we from our hearts detest abhorre see the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himselfe into the Armes of forreigne Popish Princes embrace Popish Allyances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seate of the Warre 4. The vast Debts of this Kingdome upon the Publique Faith will never be paid in Warre but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings every years Warre destroies more Families and makes more Malignants through discontenting pressures untill at last the Souldier seeing no hope of pay the People no hope of peace and case fall together into a generall and desperate tumultuousnesse the power of the Sword apparently thereatning a dissolution of Governement both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lend an eare to admit a thought towards the laying downe their owne power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People viz To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That watsoever the King granted He might plead Force to breake it and spoyle us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoyling us by policy The Kings of this Land could never encroach upon our good Lawes but by corrupt Iudges and Ministers who though they could not abrogate the Law made it speake against it selfe and the intended good of the People or else by the power of Courtiers stopping the course of justice at the Councell Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Iudges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there Another Objection is That they had intelligence that had they been suffered to meet all in the House once more For this you must take the faith of the mysty brayned Pen-man vvho had this as vvel as many other grosse Lies by Revelation The Army had had the King in their povver and had the Parliament adjourned the sole povver of the Kingdom had been left in the Army vvhich is a thing aymed at by them it was designed to have passed some higher resolutions to lay farther foundations of a new quarrell so as to carry therein the name and countenance of Parliamentary Authority together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another Warre To this we say the House immediatly upon passing the Vote 5. Decemb. Sent a Committee to the Generall to conferre with him and his Officers and keep a good correspondency with them To which the Generall promised his readinesse howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shewes they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custody are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no lâ—sse crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appeares what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be Legally carried in a judiciall way by competent Judges not preingaged In the meane time we conclude That Souldiers whose advantages arise by Warre are not fit to judge of the Peace of the Nation 74. A DeclaratioÌ„ by Mr. VValker and Mr. Pryn. The 19. Ian. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the Actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the
by the Parliament intrusted and employed for the safety of the Nation being by Him or is Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-pople of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warres and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended Prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warres and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischiefe to this Nation acted or committed in the said Warres or occasioned thereby And the said Iohn Cooke by Protestation saving on the behalf of the People of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons crimes on the behalfe of the said People of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray That the said Charles Stuart King of England may be put to answer all every the premises That such Proceedings Examinations Tryals Sentence and Judgement may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Common-wealth President Sir you have now heard your Charge you find that in the close of it it is prayed to the Court in the behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long agoe in the Isle of Wight how I came there is a longer story than I thinke fit at this time for Me to speake But there I entered into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the world I Treated there with a number of Honourable Lords and Gentlemen an treated honestly and uprightly I cannot say but they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawfull Authority there are many unlawfull Authorities Thieves and Robbers on the Highway I was brought from thence and carried from place to place and I know not what and when I knew by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinnes you bring upon your owne heads and the judgment of God upon this Land think well upon it thinke well upon it I say before you go on from one sinne to a greater therefore let Me know by what lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My trust I have a trust committed to Me by God by old and lawfull discent I will not betray it to Answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have knowne by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I doe tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therefore let Me know by what lawfull Authority I am called hither I doe stand more for the Liberty of My People then any here that come to be My pretended Iudges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Brash Sir How really you have managed your trust is known your way of Answer is to interrogate the Court which beseemes not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I doe not come here as submitting to the Court I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the Constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will doe it to the last breath in My body As it is a sinne to with stand Lawfull Authority so it is to submit to a Tyrannicall or any otherwise unlawfull Authority Bradsh Brutish The Court expects your finall Answer and will adjourne till Munday next we are satisfied with our Authority that are your Iudges and it is upon Gods Authority and the Kingdomes and that peace you spake of will be kept in doing Iustice and that 's our present work Note So the Court Adjourned and the King was conducted back They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Iustice Iustice when the King was remanded thinking all the rest of the People would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled
by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Iustice The King only saying My Saviour suffered more for my sake VVhether this vvere the first day or aftervvards I knovv not wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday Ianuary 22. The KING was brought again to His Tryall 81. The second dayes Tryall of His Majesty Solicitour Cook May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a Charge of High Treason and other High Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the Charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalfe of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if He shall refuse to doe That the matter of Charge may bee taken pro Confesso and the Court may proceede according to Iustice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against You c. You hear likewise what was prayed in behalfe of the People That You should give an Answer to that Charge You were then pleased to make some Scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and Capitall Misdemeanours wherewith You were then Charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that You do give a positive particular Answer to this Charge exhibited against You they expect you should eyther confesse or deny If you do deny it is offered in the behalf of the Kingdome to be made good against You VVithout any Lavv President rationall debaâ—e or Arguments to proâ—e it Oh brutish Tyranny Their Authority they doe avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therefore You are to give a Positive Answer King When I was here last its true I made that Question and truly if it were onely my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be Tryed by any Superiour Iurisdiction upon Earth but it is not My case alone it is the Freedome and the Liberties of the People of England and doe you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamentall Lawes of the Kingdome I doe not know what Subject he is in England that can be sure of his Life or any thing that he calls his owne Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against Me here and therefore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to doe I shall tell you my Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You doe is not agreeable to the proceedings of any Court of Iustice False You are about to enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisonner and are Charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I doe Plead for the Liberty of the People of England more then you do and therefore if I should impose a beleefe upon any Man without Reasons given it were unreasonable Bradsh Oh Brutiâ— Aâ—â—me Kingdome to be Governed by an up â—arâ— Authority vvithout use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against You. Sir The Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I doe not know how a King can be a Delinquent but by all Lawes that ever I heard all men may put in Demurrers against any proceedings as Illegall and I doe demand that if you deny that you deny Reason Bradsh Overrule a Demurrer vvithout Argument If a man may not Demurre to the Iurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurre to the Iurisdiction of the Court if You doe I must let You know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Iurisdiction of the Court they have considered of their Iurisdiction they doe affirme their owne Iurisdiction King I say Sir by your favour That the Commons of England were never a Court of Iudicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the People of England of High Treason and other high Crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you doe this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I doe require that I may give My Reasons why I did not Answer and
before I that am your KING that should be an example to all the People of England to uphold Justice to maintaine the old Lawes Indeed I doe not know how to doe it you spoke well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I doe acknowledge to God that I owe to him and to My People to defend as much as in Me lies the antient Laws of the Kingdome therefore untill that I may know that this is not against the fundamentall Lawes of the Kingdome I can put in no particular Answer if you will give Me time I will shew you My Reasons and this here being interrupted the King said again By your favour you ought not to interrupt Me How I came here I know not VVhether these breaches and interruptions vvhere made by Brad-shavv or vvehether they are omissions and expunctions of some materiall parts of the King's Speech vvhich this licenced Pen-man durst not set dovvne I knovv not I heare much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publique Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty then I was hurried away brought hither therfore Bradsh Sir You must know the pleasure of the Court. King By your favour Sir Bradsh Nay Sir By your favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court the Court craves it not of You but once more they command You to give your positive Answer Clercke doe your Duty King Duty Sir The Clercke reades Charles Stuart King of England You are accused in behalfe of the Commons of England of diverse High Crimes and Treasons which Charge hath been Read unto You The Court now requires You to give Your positive and finall Answer by way of Confession or deniall of the Charge King Sir I say againe to you so that I may give satisfaction to the People of England of the clearnesse of My proceedings not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath beene committed to Mee I would doe it but to acknowledge a New Court against their Priviledges to alter the Fundamentall Lawes of the Kingdome Sir you must excuse Me. Brad. Sir This is the third time that You have publiquely disavowed this Court and put an Affront upon it how far You have preserved the Priviledges of the People Your Actions have spoken but truly Sir mens intentions ought to be knowen by their Actions you have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clarke Record the default and Gentlemen you that tooke Charge of the Prisoner take Him back againe So the King went forth with His Guardes and the Court Adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England Saturday 27 Ian. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes 83. The fourth last dayes Triâ—ll of His Majesty after him 67 CoÌ„missioners answered to their Names The King came in in His wonted posture with his Hat on a Company of Souldiers and Schismaticks placed about the Court to cry for Iustice Iudgement and Execution The People not daring to cry God blesse Him for fear of being againe beaten by the Souldiers Bradsh Gentlemen it is well knowne to all or most of you here present that the Prisoner at the Barre hath been severall times convented and brought before this Court to make Answer to a Charge of High Treason and other High Crimes exhibited against Him in the Name of the People of England to which Charge being required to Answer He hath been so farre from obeying the Commands of the Court by submitting to their Iustice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Iudge Him but being over-ruled in that and required to make His Answer He still continued Contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans wilfulnesse prevent Iustice they have considered of the Charge of the contumacy and of that Confession which in Law doth arise on that Contumacy they have likewise considered the notiority of the Fact Charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and Pronounced the Court hath resolved to hear Him yet Sir thus much I must tell You beforehand which you have beene minded of at other Courts that if that which You have to say be to offer any debate concerning the Iurisdiction You are not to be heard in it You have offered it formerly and you have strook at the root that is the Power and supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to doe being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of Your self concerning the matter charged the Court hath given me in Commands to heare You. King Since I see that You will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscientie and Mine honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to My Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject
thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamentall Lawes of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought sit to be inflicted on them shall speake or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties Property of the People One whereof was instanced to Me viz. That the KING should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke fit and to settle a very great Tax upon the People by a Land Rate for an established pay for the Army to be collected and leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
shall be used and no other and the Date of the yeare of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Iuratores pro Domino Rege they shall be Iuratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publicam All Judges Justices Ministers Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custome to the contrary notwithstanding c. 92. Another device to mortifie the King The King lay in White-hall Saturday the day of his Sentence and Sunday night so neer the place appointed for the separation of His Soule Body that He might heare every stroke the Worke-men gave upon the Scaffold where they wrought all night this is a new device to mortifie Him but it would not doe 93. Tuesday 30. Ian. 1648. was the day appointed for the Kings Death He came on Foot from Saint Iames's to White-hall that morning His Majesty coming upō the Scaffold made a Speech to the People which could onely be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts neare it and from their Pennes onely we have our informations His Majesties Speech upon the Scaffold and His Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their Priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see cleerly that They began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdome Souldiers Rebelling against their Master or Soveraigne though they prevaile cannot claime by conquest because their quarell vvas perfidious base and sinfull from the beginning But I must first shew you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever find was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrell that you have that makes it unjust in the end that was just in the beginning but if it be onely matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never doe right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but onely a Nationall Synod freely called freely debating amongst themselves must settle this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My selfe I will onely give you a touch of it 3. For the people and truely I desire their Liberty and Freedome as much as any man whatsoever I must tell you their Liberty and Freedome consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a share in the Government that is nothing pertinent to them a Subject and a Soveraigne are cleane different things and therefore untill you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See sect 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the impudence to ansvver the Dutch Ambassadours That vvat they had done to the King vvas according to the Lavv of the Land They meant that their Lusts are the Lavvs of the Land for other Lavv they can shevv none This was the effect of His Majesties Speech who shewed much magnanimity and Christian Patience during all the time of His Triall and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had His. Head severed from His Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Petty foggers Bradshaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this auntient Kingdome is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King the Commons sent abroad Proclamations into London and all England over reciting 94. Proclamations published against proclaiming the King That whereas severall pretences might be made to this Crowne and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever doe presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chiefe Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat vsage or custome to the contrary notwithstanding Who shal judge whē these Fellowes wil be thougt free and whē not and whosoever
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of Descent and proclaimed it Treason for any Person to Proclaime Him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes unto them contrary to Law though they have no Authority by any Law Statute or Custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and beeing of Parliaments for which Treasons Strafford and Canterbury though leste criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burroughs for which we serve doe by this present Writing in our own Names and in the Names of all the Counties Cities and Burroughs which We represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We doe from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our Consents as treasonable wicked illegall unparliamentary tyrannicall and pernitious both to the King Parliamt Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said Confederates shall not speedily retract and desist
from Neighbour Princes to vvhom they let their Bloud to Hire and become Mercinaries many times to the extreame dammage and if their Country vvere vvorth subduing danger of the State For Venice it is an Aristocracy if not Olygarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them vvithout Citadals to keep them under they never conside in any of their number or Natives to be Comander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitans of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low Countries their neerest example peruse Bernavelt's Apology and many good Histories For Rome from their Regifugium they vvere never free from Civill VVarres cecessious Tumults and changes of Government first to Patritian Consvlls Regia pote state then to promiscuous Consuls Plebeyans as vvell as Patritians vvith popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocrary sometimes a Democracy betvveen tvvo Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Liberty find any time of setled rest and Government untill their giddy Republique vvas overthrovvne by Iulius Caesar and turned into a Monarchy by Augustus vvhich approved Cratippus saying See some Authorities cited verbatim in the first Page Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repaired by the virtues of others he that reads Liry and Tully's Orations vvith many other Authors shall find hovv infinite corrupt the People vvere both in making and executing Lavves in dispensing Iustice both Distributive and Commutative vvhat Complaints that their comitia vvere venalia vvhat Bulvvorks they vvere faine to erect against the ambition and covetousnesse of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Vndertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Clientships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shevves and spectacles to vvoe the Rabble he that reads observingly shall find that ambition and covetousnesse nurses of all corruption vvere the best part of the vvisdome and industry of that Republique untill it came to be a Monarchy and shall farther find that those corrupt manners and customes vvhich the People from the highest to the lovvest had contracted during the severall licentious Alterations of their Common-vvealth from one forme of Republique to another vvere like a second nature not to be corrected by the better discipline of a Monarchy and at last occasioned the ruine of that Monarchy together vvith the desolation of that Nation vvhich shevves that Monarchy vvith vvhich their Nation began was their naturall and genuine Government vvhen it could not be taken avvay sine interitu subjecti vvithout the ruine of the vvhole subject matter p. 11. It is said The Kings Revenue by a mediâ—m of 7 years was yearly 700000 l. It hath been lately computed that the Court purveyances notvvithstanding many good Lavves to the contrary cost the Country more in one yeare than their Assesments to the Army vvhat above 100000 l. a month vvhen the charge of the KING 's House-keeping came but to 500000 l. a yeare I speake not of VVages and Pensions I knovv not vvho should make this computation unlesse old Sr Henry Vane and his Man Cornelius Holland the latter of vvhich vvas turned out of his Office in the Green-cloth for abusing his Place not in vvhose time of employment unlesse their ovvne such prodigious abuses should happen p. 19. It is said The legall and justifiable Revenue of the Crowne fell short of 100000 l. per annum I perceive this is all the Account the Common-vvealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor doe I knovv vvhat a pruning hooke that phrase legall Revenue may prove But I conceived all that Q. Elazabeth the Kings Father and Himself received had been His Revenue de jure I am sure it vvas de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complaine that His Purse was growne too full or His Revenue too fulsome and if the Committee of the Revenues had enjoyed no more but their ovvn legall and justifiable Revenue so many of the KING's Servants and Creditors had not starved forvvant of their ovvne p. 19. They very much aggravate Monopolies Patente and Projects I vvonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir Iohn Hypsley Cornelius Holland Laurence VVhytakers c. 2 Part of Englands New Chaines discovered c. and the Hunting the Foxes return to s 12â— p. 20. They speake against the Lords Negative Voice but not a vvord against the Councell of VVarres Negative Voice vvho march up in hostile manner against Parliament and City and secure seclude and drive avvay 250 Members at one time if they vote any thing contrary to their Interest They speak likevvise against the Lords Iuditiall power over Commoners but have forgot vvhat unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens 1 Part. sect 45 46 47 48 49 50 51 52 53 54. p. 21. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turne for Governing the Kingdome by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it vvas never presented to them but I shall aske vvhether the people may not take advantage thereof for vvhose satisfaction this vvas Declared a generall grudge being then amongst them that the Parliament and Army would subvert the antient Fundamentall Government p. 22 23. They ansvver an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broken and those who are permitted to sit doe act under a force To this is ansvvered hovv truly let any man that hath read our Histories tell That fevv Parliaments have Acted but some force or other hath been upon them I vvonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledge of Parliament They Ansvver
Lands to maintaine supernumerary Itinerant Ministers who should be Authorized to go up and downe compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the raskall multitude and schismaticall rabble against all men of best quality in the Kingdome to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Lawes and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdome of the Saints upon the ruines of our antient Monarchy These men like Balaam shall blesse and curse for hire and vent State-news State-doctrine and poyson the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helme they shall cousen the people with pretended illuminations Revelations and Inspirations and powre out all the Vials of Gods wrath amongst them Cromwell and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a Mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdome were arrived to that highth of impudence as to endeavour to cheat them all over againe they had by murdering the King abolishing the House of Lords putting an execrable force upon the farre major part of the House of Commons making themselves and their Party a tyrannicall Councell of State to usurp the Supreme power and Government See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl and Army And A seasonable Caution to the City of London printed at the latter end of Relation Observations Hist Pol. c. endeavouring a toleration of all Religions attempting to take away Tythes mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendome to defend the common interest of Kings now controverted in England This cloud threatned to poure downe a new Warre upon them to provide a remedy therefore for this soare Cromwell moved in the House of Commons That the Presbyterian Government might be setled promising his endeuours thereto but whether he meant a Classicall or Congregationall Presbytery which differs little or nothing from Independency he did not declare and here lyeth the fallacy he likewise moved that the secured and secluded Members might againe be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshall Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civill Interest which was more irreconcilable than that interest of Church-Government whatsoever shew was made to the contrary They will not endure to heare of the KING 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Sonne of clemency and abstinency from revenge contained in His last Booke The Pourtraicture of His Majesty These things will both apologize for our young King and condemne our bloudy vindicative Saints That the Presbyterians as well as the Independents made Warre against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would looke upon both Parties as equally guilty and was deeply engaged in point of interest to cut off both Parties Endevouring by these discourses to put the Presbyterians into despaire their own and Iudas's sinne and then to work upon that base and cowardly principle of self-preservation and invite them to joyne with them in point of civill Interest and common Defence But their kindness was but like that of a malitious Man who having plague-soars upon him embraceth his Friend rather to infect than cherish him they know that by sitting voting acting and complying with them whose actions the Laws of God and the Land have damned and anathematized with the highest condemnation they should contract the guilt of all their forepassed crimes and treasons in the meane time the Presbyterians should sit and act but as a suspected Party and should be baffled and turned out again when the danger is past the Independents keeping in their owne hands all the power profits and preferments of the Land and using the Presbyterian party but as Gibeonites Hewers of wood and Drawers of water under them they invited them therefore to share with them in their sinnes shames and punishments but would keep Achans Wedge and the Babylonish Carment the profit of their crimes to themselves And as if it were not sufficient to cousen Man without mocking God the House of Commons Ordered a strict Fast to be kept upon Thursday 19 April 1649. as a day of Humiliation to implore Gods forgivenesse for the ingratitude of the people who did not sufficiently acknowledge with thankefulnesse Gods great mercies upon this Land in freeing them from Monarchy and bestowing liberty upon them by changing Kingly Government into a Free-State or Republique The Faction knew that to partake with them in these prayers was to partake of their sinnes God deliver us from those deceitfull lips whose prayers are snares whose kisses prove curses and whose devotion leads to damnation Neuer was Fast injoyned with more severity nor neglected with more contempt and horror men shunning it like the sinnes of Rebellion and Witchcraft Besides their consciences told them that they never suffered the thousandth part of the oppressions they now groane under About this time it was debated to send Supplies for Ireland 150. The jugling designe of sending part of the Army for Ireland the predominant Grandees were desirous to purge the Army as they had done the House and send the Levellers Assertors of Liberty thether the Levellers were desirous to keep their ground here and send the more mercinary enslaving and enslaved part of the Army the better to colour the designe Cromwell undertooke to be Conductor of this expedition and light them the way into Ireland with his illuminated Nose having taken order before hand that his precious selfe should be recalled time enough to keep up his party in England from sinking by his longer absence and the better to accommodate the businesse Lots were severall times cast what Regiments should goe but the Lots not falling out to the minds of the Generall Councell of
Goldsmiths Brewers Weavers Clothyers Brewers-Clerks c. whom scornfull Fortune in a spitefull merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turne them into the Tyring Roome out of their borrowed cases and shew us that our Lyons are but her Asses The Kings poore Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the King 's Goods to pay their Debts they poore Soules are left to starve while these Saints Trimphant revell in their Masters Goods and Houses 173. A generall survey to be taken of the whole Kingdome that every mans Estate reall personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certaine Committees to enquire upon Oath and certifie the improved value and revenue of every mans Estate reall and personall wherein good progresse hath been made already the like is to go forth throughout the Kingdome That our 40 mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Natlon may take an exact survey in imitation of William the Conquerours Booke of Survey called Doomes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of Iune 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to enable Committees to give Oathes in some cases and yet the House of Commons never had nor pretended to have power to give Oaths themselves though every Court of Pypowders hath because the House of Commons is no Court of Iudicature but onely the Grand Inquest of the Kingdome to present to the King the grievances the necessities of the People by way of humble Petition as appears by our Law-Books and Statutes and therefore the Commons can grant no more then they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintaine it they and we must be what they please yet I must affirme that to take illegall Oathes is neither justifiable before God nor Man and no lesse than damnable But it may be that by accustoming the People to take these new-imposed illegall Oathes they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their owne Damnation together hereafter All the Scrivenors about the Towne are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew Shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saints-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would find money enough The like attempt onely in the Kings time was cried out upon as a high peece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glasse of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and downe like our owne Ghosts who having lived under the Monarchy of Good KING CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. Iune 1649. the thanks-giving spoken of § 172. was solemnized in the City the Lord Mayor meeting the Speaker 176. The aforesaid Tanksgiving solemnized resigned to him as formerly was used to thc King the Sword of State as had been ordered by the House the day before and received it againe from him and then the Mayor conducted them all to Christ-Church where the Commons Councell of State Generall and his Officers together with the Mayor Aldermen and Common Councell c. mocked God with their Devotions where Master Tho Goodwin and M. Owen preached out of the Politicks to them from thence they were conducted to a great Dinner at Grocers hall and entertained in the quality of a Free-State no man being admitted without delivering his Ticket They were all strongly guarded with Souldiers and every Cooke had an Oath given to be true to them which shewed they had more of fear and guilt than confidence and innocency within them Great Presents of Plate given to his Excellency Fairfax and to his Super-excellency Cromwell and to others fit to be chronicled in Stowes and Hollingsheads Volumes amongst other solemn Fooleries let it not be omitted that Hugh Peters many other Saints were too full of the Creature anglice Drunk 177. A necessary advertisement to all honest Presbyterians See K. Charles the First his Book The portraicture of His Majesty in His solitudes and sufferings Some over-hastily expect the King should satisfie the Presbyterians by His Declaration but the heigth of the Independents malice their guilty fears are such as may endanger the drawing on a Massacre upon them by such a course I am to give a necessary advertisement to all men that though the young KING shewes much respect and a desire of reconcilement according to his dead Fathers never dying preceps to all moderate men and Presbyterians that make Addresses to Him yet it is complained of by some who look not into the underminning practises of our new Statists that some few of His Counsellors and Followers are as violent against the more moderate and honest Presbyterians as against the Independents who murdered His Father but these zealous Royalists are either some passionate light-brain'd men of little discretion and lesse power with Him or else some false-hearted Pensioners to our new State and such as have under-hand an Indemnity for their owne Estates in England who stand like Scar-crowes about His Majesty to fright away such as returne to their Loyalty and tender their due Allegiance to Him thereby to weaken the hands of His Majesty and cut off the hopes of this Nation from depending upon Him who as our undoubted Soveraigne both by the Lawes of God and the Land and Gods Vice-gerent in His three Kingdomes onely can and will if we forsake not him and our selves free and protect us from the many headed miserable arbitrary tyranny we now starve and bleed under and restore unto us againe our Religion Lawes and Liberties our Wives Children and Estates Trading Husbandry peace and plenty now held in more than Aegyptian bondage under our cruell See a Booke entituled His Majestices Gracious Messages for Peace and Master Pryn's Speech 5. Dec. 1648. in the House And the secured Members Reply to the Councell of
Warre bloody thievish Task-masters Remember his deceased Majesties gracious Messages frequently fent 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 Olygarchicall legall Tyranny by adding His Royall Assent to their wicked Demands tendered to Him but two daies before His translation form this valley of teares Remember His Post humus Booke to His Sonne full of precepts savoring meerly of piety Christian wisdome charity and forgivenesse to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one Warre beget-another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the naturall Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance Stat. of Recognition 1 Iacobi the putative Parent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Sonne as having sworne to beare faith and true Allegiance to the King his Father and to his lawfull Heyres and Successours which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their owne Soules as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Armes of his Dread Majesty our present KING as the onely sanctuary of their salvation and not suffer themselves to be so farre mis-led by vaine reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Solomon 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 owne people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his owne his fellow Servants for his lust and lucre sake I will set downe a short Abridgement of our owne famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earle of Leicester conspiring with many other great Men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publique Grievances He overthrew the King in battle took Him and his Sonne Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battle of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Commissions were sent forth to prevent future troubles and settle mens minds grown desperare with feare what horrid punishments 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 of it No man bled to death for it but in the field the bloud of warre 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 See the late History of the Marquesse of Montrosse what gentle use he made of his Victory after he had subdued the strength of Scotland at the Battle of Kylsythe not unto destruction though the knowne Lawes called them Traytors and put them into his power for life lands and goods they were but once punished not alwaies tormented and kept upon the rack after the late custome of our fellow Servants and Subjects who will never suffer the partition wall between us to be throwne downe England once more to become one Nation and one People and our broken bones to be againe set and knit together Dictum de Kennelvvorth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in Warre 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 Winchster being yet unpardoned 6. That voluntarily 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 yeares five yeares value and half their Estates of Land If they sell it such as are by the Kings grant possessed of then 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 halfe to have halfe If in three yeares the whole be unpaid the Land to be divided between him that owes 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 this Warre 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 quitted 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 remaine where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the Battle of Levvis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man now possest of wood to fell any but onely for repaire 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 appeale 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 these Fines to provide for them 10. The Legate King and Henry d'Almain to Elect 12. who should cause these Articles to be executed and to see performed what they ordaine according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenants tha were against the King to lose their Leases but at the expiration of their time the Land to returne to the true owner 12. Forts built by the assent of the King
Oneale and his bloudy massacring Irish Papists against the Protestant Religion which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning See § 184. the Marginall Notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the kingdome of these bloudy cheating Saints in all things else we are meer and absolute Slaves 10. That an Act for a Generall Pardon be passed to all Persons except such as are particularly named therein and declaring no Pardon to any that shall for the future raise Warre in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villinies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befoole silly weak spirited People with general words of a Pardon which shall be made ineffectuall by many exceptions and limitations 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councell of State and therefore all Pardons to such Attemptors are before-hand declared against This with them as a sinne against the Holy Ghost unpardonable to deny their Supreme arbitrary Authority 11. That the Act for reliefe of poore Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a reliefe to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdome be made liable to the vexation of a covetous Committee who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men if they will not sacrifice their purses to the Ech-Gods of the new State and be bountifull to the Committee which is the full scope of this Proposition 12. That the Souldiers may be secured their Arreares out of the late Kings Lands This is to tie all the Souldiery by the purse-strings which is Saints Tenure to make good that horrid trayterous Murther 13. That an Act be passed for Probate of Wills Granting Administrations and Investing of Ministers presented These lunatique Saints should have thought upon a new way to be set up before they throw downe the old one and not have left men in an uncertainty how to dispose of their Estates and a Iustititum a vacancy of Iustice upon the Kingdom you see what Mountebanks our new State-Iuglers are The good Boyes began to learne these Lessons upon Monday 25. Iune 190. Things undertaken by the Councell of State during the Recesse The Councell of State likewise reported to their said Free-Shoole of Commons severall things which they in order to their future greatnesse would put into a way during the Recesse against the Houses next meeting when two Sundaies come together 1. That Commissioners be appointed in every County to make an estimate of all Tythes to the end they may be taken away for the future and some other provision designed for Ministers This is a Whip and a Bell to lash Ministers to Preach State-Divinity 2. That the Councell of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shall thinke fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers wel-affected to the Parl. they will never be dissolved without the help of a Hangman But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councell of State and usurping Regall power shall take upon them to abolish our antient forme of Parliaments contrary to the fundamentall Lawes of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Lawes Liberties Lives and Estates against the consent of the farre major part of the people 3. That they shall consider of an Act for regulating Proceedings in Law and prevent tediousnesse of Suites There are too many Lawyers in the Councell of State to doe any thing effectuall that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchicall 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 Monarchicall Lawes and all Lawes allowing more civill Liberty and Priviledges to the People and to severall Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Deane and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoyled for sale of Deane 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 Councell of Officers they may as well buy dog-cheap and hold Bishops Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arreares at 5 s. and 6 s. in the pound though they are allowed the whole summs of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it downe from ten yeares purchase to two or three years purchase They are not seen in the businesse themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humphry Edwards and Sir Greg Norton who hath sold his owne Land to purchase now upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remedilesse Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The Generall hath ordered the next Officer in chief to cause double damages to be given by the Soldier and if the said Officer neglect he is to answer it at a Councell of Warre 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 farre off and the Councell of Warre will tyre him with delaies and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earle 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 Ambassie 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 Martius
thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crowne and every thing that was personall to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegeance Contrary to the Whole Current of the Law which saith The King can doe no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Elizab. lay because the Crown wyped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad paenam quod Deum expectat ultorem If therefore by the Lawes of the Land all men must be Tryed by their Peeres and the King have no Peere what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Iudges and to Erect an unpresidented Tribunall without the least Foundation in Law with power and purpose to condemne all that came before it and that Sentence of Death should passe without conviction or Law against the Head and Protectour of all our Lawes and Fountaine of Iusticc and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. M. Pryns excellent Book entituled A legall Vindication of the Liberties of England Against illegal Taxes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegall Tax of 90000 l. a Moneth imposed upon the People by a pretended Act of the Commons bearing Date of 7 Aprill 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamentall Lawes and known Statutes of this Land No Tax c. ought to be Imposed or Leavyed but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realme in a free and full Parliament See Magna Charta 29. 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21. Edw 3 Rot. Parl. nu 16. 25 Edw 3. c. 8. 36 Edw. 3. Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loanes 3. Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwell in his Argument against Impositions Iudge Hutton and Crook in their Arguments Mr. Saint Iohn in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Edw. Cook in his 2 Instit pag. 59 60. 527 528 529. 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actuall dissolved above two monethes before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cookes 4. Institutes p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliament according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3 which are Summoned and Constituted onely by his Writ the Writ is actually abated by bis Death 1 Edw 6. c. 7. Cookes 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission 19. 21. It appeares by the writs of Summons to the Lords Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Common wealth formally it cannot be the same the King the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmaticall Taylors in the House who can make a garment fit for all states of the moon and a Parl. fit for all changes of the State Crompt Iurisdiction of Courts fol. 1. Cookes 4. Instit p. 9. 10. and of Elections and leavying their Wages That the Parliament was onely Parliamentum nostrum the Parliament of the Kings that 's Dead not of his Heires and Successours They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heires and Successors of great and weighty Affaires concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2 Dors Claus Regist fol. 192. 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revivall The Parliament is determined thereby especially as to those who have Dis-inherited his Heires and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Iudges Iustices of the Peace Sheriffs made only by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Iustitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7 Rep. 30 31. 1. Ed. 6. c. 7. Daltons Iustice of Pace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of this Parliament 17. Car. That this present Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4
Minstred to me and doe renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of People 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own Party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legall cause or Tryall 14. To make what New Acts Lawes and Reverse what Old ones they think meet to ensnare and inthrall our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Reall Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegeance due obedience to our known Lawes and a Conscientious observing our Oathes of Allegance and Supremacy and the Covenant to be no lesse then High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25. Edw. 3. c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1. M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Lawes Liberties Estates and Lives waste after they have drawne so much Bloud and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more then Regall or Parliamentary power 17. To pack and shuffle themselves into a Councell of Lords This 17. is added by the Abridger States Generall without any provinciall States 40. Hogens Mogens with Supream Regall and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principall ends proposed in the pretend Act for imposing this 90000 l. a moneths Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by Rebelling against their Masters the Parliament and waging Warre upon them and by conspiring with their owe party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Lawes Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquests Tbat we are but their Conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turne Vs and our Families out of Dores That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasiticall Iohn Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years then in all the Kings Raignes since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the People 25 Edw. 1. chap. 6 Cookes 2. Instit pag. 528. But the keeping up this Army is the Bane of the People 1. Because they are already exhausted with Warre Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a Moneth destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will believe our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a Moneth See Ordinances 15. Feb. 1644. and 6. Aprill 1646. Exact Collect. pag. 599. 876. But when the Army by confederacy with their Party in the House took the boldnesse to encrease their number without Order 60000 l. a Moneth was thought abundantly sufficient to pay the Army and take off Free-quarter and why this Tax should now be raised to 90000 l. a Moneth when sundry Regiments of it are Assigned for Ireland and yet Free-quarter continued is a mystery of Iniquity which fills the Saints Pockets with Money and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forraign Invasions then a Mercinary Army Therefore there is neither necessity nor publique utility in keeping up this Army or raising Taxes to maintaine them or pay their pretended Arreares The Free-quarter they have taken in kind and leavyed in Money will treble their Arreeres and make them much indebted to the Country Thus farre and much farther Master Pryn whose whole Booke at large I commend to all mens serious perusall The Marquesse of Ormonds happy atchievements in Ireland beginning to look formidably 204. Cromwell sets sayle for Ireland had cooled the hcat of K. Olivers courage though not of his Liver insomuch that he and his intimate Friends began to project how without losse of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delaies were used in Shipping his Men. Hasterigge and his Party reported great terrours from Scotland Oliver and his Bloud-hounds of the Faction made a shift to smell out a silly Plot in Dorset-shire for surprisall of Weymouth and Portland for the KING now laughed at and exploded by their owne New-books And the tender-conscienced Brethren were prompted to apprehend their owne dangers and put into a Petitioning posture That such a Worthy of Israel such a chosen Instrument of Gods mercy might not in a time of danger leave the Land of his Nativity the Habitation of the Saints to seeke foraigne adventures in a Heathen Land Whilst these preparations were making to withdraw Olivers stake he appeared not openly in them but making more shew of the Lyons skin than the Foxes had written to Col. Iones how heartlesse his Souldiers were and that unlesse Iones did by some successfull Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chesse-nuts out of the fire with the Catts foot to take a presage of his owne successe at Col. Iones hazard Iones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the newes first came to Towne the Lyon is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sinne or at least without
onely two months pay 2. They have taken away three parts of their Arreares for Free-quater without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldiers that are continued in Armes shall fare no better when they have served their turnes with them Pag. 10 they say Their engagements against the King was not out of any Personall enmity but simply against his Oppressions and Tyranny on the People but the use and advantage on all the successe God hath been pleased to give us is perverted to that end That by His removall the Ruling Sword men might intrude into His Throne set up a Martiall Monarchy more cruell arbitrary and tyrannicall than England ever tasted of that under the notion of a Free-State when as the People had no share at all in the constitution thereof but by the treachery and falsnesse of the Lieutenant Generall Cromwell and his Son-in-Law Ireton with their Faction was inforced and obtruded by meer Conquest on the People And a little after now rather then to be thus vassallized thus trampled and trod under soot by such as over our backs have stepped into the Chaire of this hatefull Kingship over us in despight of the consent choice and allowance of the Free-People of this Land the true fountaine and originall of all just Power as their owne Votes against Kingly Government confesse we will chuse subjection to the PRINCE chusing rather ten thousand times to be His Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Originall of all just Authority pretend the promotion of the Agreement of the People stile this The first yeare of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under paines of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundlesse lawlesse wills their naked Swords Armies Armes is now Law in England c. 16. August 1649. Col. 209. Col Morrice Governour of Pontefract for the King Endicted at the Assizes at York condemned and executed Morrcie who kept Pontefract-Castle for the KING was Endicted before Iudge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying Warre against the late King and Parliament The Colonel challenged one Brooke Fore-man of the Iury for being his professed Enemy but the Court knowing Brooke to be the principall Verbe the Key of their worke answered Morrice He spake too late Brooke was sworne already Brooke being asked the Question Whether he were sworne or no replied He had not yet kissed the Booke The Court answered It was no matter that was but a Ceremony alleaging he was recorded Sworne there was no speaking against a Record Sure they made great haste to record him sworne before he could kisse the Booke so Brooke was kept in upon this cavill by whose obstinacy Morrice was condemned I cannot wonder that legall Formes Ceremonies are laid by although justice cannot subsist without those Legalities to ascertaine her proceedings which otherwaies would be left at large to the discretion of the Iudge when I see our knowne Lawes Magna Charta the Petition of Right 3. Carol. and the rest with the fundamentall Government of this Nation pulled up by the roots to carry on their Designes of enslaving the People to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants Oathes to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the People they would observe the knowne Lawes of the Land But to returne to our Relation Then Morrice challenged 16. more of the Iury whereat Pulleston was so pettish that he bade Morrice keep his compasse or else he would give him such a blow as should strike off his head Untill Morrice cited the Stat. 14 Hen 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Iudges which ought to be of Councell with the Prisoner in matter of Law endeavouring to out-face and blind the Prisoner with ignorance of the Law being a Martiall Man Then he desired a Copie of his Endictment that he might know what to answer saying he might plead Speciall as well as Generall which the Court denied him Next because there was point of Law in it he desired to have Councell citing the Stat. 1. Hen 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councell allowed him being endicted at Winchester for an endeavour to Murder KING CHARLES the First and had many other favours denyed to Morrice Then Col. Morrice for his discharge produced the PRINCE'S Commission as Generalissimo to the KING his Father The Iudges answered The Prince was but a Subject as Morrice was and if He were present must be tried as he was and rejected the Commission without reading Morrice told them the Prince had His Authority from the King in whose name all Iudges Officers did then Act. The Court Answered the power was not in the King but the Kingdome Observe they endicted him for Leavying Warre against the King and Parliament The word Parliament was a surplusage for which no Indictment could lie no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavyeth Warre in England in the intendment of the Law is said to Leavy Warre against the King onely although he ayme not at His Person but at some other Person And if he that Leavyeth Warre against the King His Crowne Dignity be a Traitour how much more must they be Traitours that have actually Murdered the King and Dis-inherited and proscribed his lawfull and undoubted Heire and as much as in them lies have subverted the Monarchicall Government of the Land and consequently all Monarchicall Lawes whereof the Stat. of Treasons for Leavying Warre against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchicall Law So Morrice was found guilty by a Iury for that purpose And an illegall president begun to cut off whom the Faction pleaseth under a pretence forme of Law without help of a Councell of Warre or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannicall trick To rule the People by the Lawes but first to over-rule the Lawes by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may goe to the gallowes Thieves must sit on the bench but silent Leges inter arma and now silet Iustitia inter Leges silet Ius inter Iudices the mungrell hypocriticall three-headed conquest we live under hath dispoiled justice of her ballance Three-headed consisting of 1. Councell of Warre 2.