Int rest and Party The more subtile Independent knevv the King vvould not nor could not take it and therefore complied vvith the Presbyterians in obtruding it upon him to breake off the Treaty many things in the Covenant vvere vaine in the Person of His Majesty as that He should sweare to maintain His owne Person c. vvhich the lavv of nature binds him to vvithout an Oath vvhich in this case is idle and a prophaning of Gods name some things in the Oath vvere contradictory to vvhat the Parliaments Propositions desired of him as to maintaine His owne Authority in defence of Religon Lawes and Liberties vvhich vvas impossible for Him to doe unlesse he kept the Militia in his ovvne hands and his Negative Voice also vvhich that clause in the Bill of Militia That all Bills for leavying Forces should have the povver of Acts of Parliament without the Royall Assent c. vvould have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary vvay to their utter enslaving To sweare to Abolish Bishops c. vvas against his Coronation Oath To sweare to extirpate Heresies Schismes c. is more then the Independents vvould permit To sweare to maintaine the Vnion between the two Nations vvhich the Parliament declare already to be broken by the Scots Invasion is vaine besides hovv unjust a thing vvas it to impose that Oath upon the King vvhen most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty vvas no part of the Propositions upon vvhich the Treaty vvas begun but a subsequent request upon an emergent occasion and therefore I see no reason vvhy the King should have given any Ansvver to it but onely have held himselfe to the originall Propositions yet he did Ansvver That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there vvhich being voted unsatisfactory and moved that a new Declaration might be published against him the King vvas inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do novv comply vvith Ovven Roe Oneale and have entertained O Realy the Popes Irish-Vicar-generall in England to negotiate for the Irish massacring Rebels vvith the Parliament These things considered prove vvhat I find in our late King Charles the 1. most excellent Booke Chap. 18. That it is a Maxime to those that are Enemies to peace to aske something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I vvill not trouble my Reader vvith these being enough to shevv the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners vvho cavilled avvay so much time in the Treaty 17. Iones complaines by Letters that Ireland was like to be lost untill Cromwell had done his vvorke in the North and marched up to Tovvne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Iones sent vvhining Letters from Dublin to the Steers-men at Darby-house complaining that all Ireland vvas like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of vvhat vvas resolved could agree amongst themselves the Engrossers and Monopolizers of Olygarchy into a fevv hands desiring to make themselves a corporation of Tyrants suspect an opposition from the Levellers and vvould faine turne them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling Principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee straine courtesie vvith their Betters and vvould have them goe first thinking the seeds of liberty and equality vvill prosper better in the soyle and ayre of England VVhile they vvere disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of VVight during the Treaty the King had recovered that Kingdome intirely to himselfe vvhich had been of great advantage to him The 20. Novemb. 1648. Col. Evvers 18. The Remonst of the Army to he House of Commons Nov. 20 1648. vvith seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscall things An humble Remonstrance of the Army it is founded upon these five Anarchicall Principles 1. That themselves and their faction onely vvhom they call exclusively the VVel-affected Godly Honest Party the Saints are the People of England all the rest but Philistins Amorites or at the best but Gibeonites 2. That their Interest onely is the publique Interest of the People 3. That thè People that is themselves are the onely competent Iudges of the Peoples safety contrary to the Lavves and practice of all Nations vvhich bestovv that prerogative onely upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrate armed vvith Supreme Authority as vvell as vvith their Svvords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies vvhich they Remonstrate admitted they shall make such appeale to God that is their Svvord as formerly they have done 4. Principle is consequentiall to the 3. That they may drive on their Designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes what soever under colour of that much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Lavv vvhich hath been the fruitfull Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons vvho usually fish in troubled vvaters to attaine to those ends vvhich they could never arrive at in setled Governments This is a Principle or nevv light discovered by Maior Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imply as much in this Remonstrance p. 45 saying It cannot be safe to accommodtae vvith the King because if He returne and this Parliament continue long and unlimited He vvill make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his ovvne out of Question and therefore vve dare not trust
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
the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. and Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traytour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the People of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2 That they had rejected the Ordinance for Triall of the King 58. Votes passed by them thereupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded thereby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to returne the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome being far the major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent Trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other Faction whatsoever which may arise should at any time hereafter get the upper-hand by the Peoples general adhering to them or any divisions of the Army or by any meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present Generall Councell of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnaturall tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
by the Parliament intrusted and employed for the safety of the Nation being by Him or is Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-pople of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warres and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended Prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warres and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischiefe to this Nation acted or committed in the said Warres or occasioned thereby And the said Iohn Cooke by Protestation saving on the behalf of the People of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons crimes on the behalfe of the said People of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray That the said Charles Stuart King of England may be put to answer all every the premises That such Proceedings Examinations Tryals Sentence and Judgement may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Common-wealth President Sir you have now heard your Charge you find that in the close of it it is prayed to the Court in the behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long agoe in the Isle of Wight how I came there is a longer story than I thinke fit at this time for Me to speake But there I entered into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the world I Treated there with a number of Honourable Lords and Gentlemen an treated honestly and uprightly I cannot say but they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawfull Authority there are many unlawfull Authorities Thieves and Robbers on the Highway I was brought from thence and carried from place to place and I know not what and when I knew by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinnes you bring upon your owne heads and the judgment of God upon this Land think well upon it thinke well upon it I say before you go on from one sinne to a greater therefore let Me know by what lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My trust I have a trust committed to Me by God by old and lawfull discent I will not betray it to Answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have knowne by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I doe tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therefore let Me know by what lawfull Authority I am called hither I doe stand more for the Liberty of My People then any here that come to be My pretended Iudges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Brash Sir How really you have managed your trust is known your way of Answer is to interrogate the Court which beseemes not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I doe not come here as submitting to the Court I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the Constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will doe it to the last breath in My body As it is a sinne to with stand Lawfull Authority so it is to submit to a Tyrannicall or any otherwise unlawfull Authority Bradsh Brutish The Court expects your finall Answer and will adjourne till Munday next we are satisfied with our Authority that are your Iudges and it is upon Gods Authority and the Kingdomes and that peace you spake of will be kept in doing Iustice and that 's our present work Note So the Court Adjourned and the King was conducted back They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Iustice Iustice when the King was remanded thinking all the rest of the People would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled
by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Iustice The King only saying My Saviour suffered more for my sake VVhether this vvere the first day or aftervvards I knovv not wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday Ianuary 22. The KING was brought again to His Tryall 81. The second dayes Tryall of His Majesty Solicitour Cook May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a Charge of High Treason and other High Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the Charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalfe of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if He shall refuse to doe That the matter of Charge may bee taken pro Confesso and the Court may proceede according to Iustice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against You c. You hear likewise what was prayed in behalfe of the People That You should give an Answer to that Charge You were then pleased to make some Scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and Capitall Misdemeanours wherewith You were then Charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that You do give a positive particular Answer to this Charge exhibited against You they expect you should eyther confesse or deny If you do deny it is offered in the behalf of the Kingdome to be made good against You VVithout any Lavv President rationall debaâ—e or Arguments to proâ—e it Oh brutish Tyranny Their Authority they doe avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therefore You are to give a Positive Answer King When I was here last its true I made that Question and truly if it were onely my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be Tryed by any Superiour Iurisdiction upon Earth but it is not My case alone it is the Freedome and the Liberties of the People of England and doe you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamentall Lawes of the Kingdome I doe not know what Subject he is in England that can be sure of his Life or any thing that he calls his owne Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against Me here and therefore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to doe I shall tell you my Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You doe is not agreeable to the proceedings of any Court of Iustice False You are about to enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisonner and are Charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I doe Plead for the Liberty of the People of England more then you do and therefore if I should impose a beleefe upon any Man without Reasons given it were unreasonable Bradsh Oh Brutiâ— Aâ—â—me Kingdome to be Governed by an up â—arâ— Authority vvithout use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against You. Sir The Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I doe not know how a King can be a Delinquent but by all Lawes that ever I heard all men may put in Demurrers against any proceedings as Illegall and I doe demand that if you deny that you deny Reason Bradsh Overrule a Demurrer vvithout Argument If a man may not Demurre to the Iurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurre to the Iurisdiction of the Court if You doe I must let You know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Iurisdiction of the Court they have considered of their Iurisdiction they doe affirme their owne Iurisdiction King I say Sir by your favour That the Commons of England were never a Court of Iudicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the People of England of High Treason and other high Crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you doe this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I doe require that I may give My Reasons why I did not Answer and
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
have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their Cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodromus that Type and figure of him Iohn of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty Conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby devesting us of those Lawes which shall distinguish us from Slaves denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith blind obedience from us to all the Votes of this half quarter of a House of Commons so farre that they Vote obedience to the knowne Lawes in many cases to be Treason vvhat all our Lavves call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Oliver's Nose a Ruby they vvould expect vve should svveare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Lavv nor prescription Theaters of illegall tyranny and oppression to take avvay mens lives Arbitrarily for actions vvhich no Lavv makes criminous nay for such acts as the Lavves command vvhere their proceedings are contrary to Magna Charta and all our knovvne Lavves and usages not per probos legales homines no Juries no svvorne Judges authentically chosen no Witnesses face to face no formall Indictment in vvhich a man may find errour and plead to the jurisdiction of the Court or vvhere the Court ought to be of Councell vvith the Prisoner but the same engaged and vovved Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of Bloud The King pressed earnestly especially upon Monday 22. Ian. to have His Reasons against the Iurisdiction of the Court heard but vvas as often denied He intended then to give them in vvriting vvhich vvas likevvise rejected so they vvere sent to the presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to deliver in Writing on Monday Jan. 22. 1648. 86. His Majesties Reasons against the Iurisdiction of the high Court of Iustice published after His condemnation Faithfully transcribed out of the Originall Copie under the Kings owne Hand HAving already made my Protestations not only against the illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more then to referre My selfe to what I have spoken vvere I alone in this case concerned But the duty I ovve to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right daily make new abrogate the old fundamentall Law of the Land which I now take to bee the present case Wherefore when I came hither I expected that you would have indevoured to have satisfied Me concerning these grounds which hinder Me to Answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a reason seek to impose a beliefe upon My Subjects * * Hereabout I vvas stopt and not suffered to speak any more cōcerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lie against the KING they all going in His name and one of their Maxims is That the King can doe no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamentall Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it selfe as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speake not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or doe I forget the Priviledges of both Houses of Parliament which this daies proceedings doth not onely violate but likewise occasion the greatest breach of their Publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended Crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any
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
or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King That is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare that the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the Alterations concerning Kings and House of Lords already resolved in this present Parliament Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and
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
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
it is eleven or tvvelve of the clock before they can get forty Members together to make a House of vvhich number they sometimes faile one time the Members vvould have had the Speaker go on upon businesses vvith a lesse number than forty but he knovving all so done to be illegall and void refused and yet to piece up the House they permit Mr. Blagrave Mr. Frye and Humphry Edwards to sit as Members notvvithstanding their Elections are Voted void by the Committee of Elections and one day an Officer of the Army having taken some Members going to the House and secured them in the Tobacco Roome under Guard The Speaker not being able to muster enough to make a House vvas faine to send to the said Officer to lend him his said Prisoners to make up a Free Parliament This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them nay it can be proved that meanes hath been used to suborne VVitnesses against them besides vvhich the faction have made a strict inquisition into their lives and conversations and have hitherto met vvith nothing 25. The day after the House purged in comes Dr. Cromvvell Hen Martyn his Apothecary Thus the House being throughly purged the next day in comes the Doctor Oliver Cromwell out of the Country bringing in under his protection that sanctified Member Henry Martyn vvho had spent much time in plundering the Country had often baffled the House and disobeyed many of their Orders sufficient to have made an honest man a Malignant liable to Sequestration But great is the priviledge of the Saints It fortuned that day the case of the secured Members vvas reported to the House vvhich Harry interrupting desired them to take into consideration the deserts of the Lieutenant Generall vvhich vvith all slavish diligence vvas presently done And the Speaker moved that to morrow might be a day of Humaliation to be kept in the House to humble the Spirits of the Godly much overleavened vvith the Scotish Victory That you may the better understand hovv farre they meane to be humbled Hugh Peters the Pulpit-Buffon vvas one of their Chaplaines vvho in stead of delivering the Oracles of God delivered the Oracles of the Councell of VVarre to them talking obscurely of Accommodation and Moderation and advising them to adjourne till Monday or Tuesday I think that the Army might cut out vvork for these Iourney-men of theirs and might vvorke their vvills upon the City in the meane time vvhen no House should be sitting for the Citizens to addresse their Complaints to for in the interim they Garrisoned Black Fryars and S. Pauls reforming it from the Church of God to a Den of Thieves Stable of Horses and Brothell of VVhores and Robbed diverse Halls in London of vast summes of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26. A Declaration of the seâ—ured and secluded Members against the violence of the Army the said secured Members published a printed Paper as follovveth A solemne Protestation of the imprisoned and secluded Members of the Commons House Against the horrid force and violence of the Officers and Souldiers of the Army on VVednesday and Thursday last the 6. 7. of Decemb. 1648. WE the Knights Citizens and Burgesses of the Commons House of Parliament above one hundred in number forcibly seized upon violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax comming thither to discharge our duties on VVednesday and Thursday last being the 6. and 7. of this instant December doe hereby in our Names and in the Names of the respective Counties Cities and Burroughs for vvhich we serve and of all the Commons of England solemnly protest and declare to the whole Kingdome That this execrable force and open violence upon our Persons and the whole House of Commons by the Officers and Army under their command in marching up against their command and placing strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedome ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcible seclusion from the House and the continuance of the Armies force upon it are no way obligatori but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparalell'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedome of Parliament and Disturbers of the peace and setlement of the Kingdome and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemne Covenant and duty under paine of deepest perjury and eternall infamy are obliged unanimously to oppose and endevour to their utmost power to bring them to exemplary and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Governement and Lawes of this Realme All which we held it our duties to declare and publish to the world for feare our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guilty of betraying the Priviledges Freedome and Honour of this Parliament to our perpetuall reproach and the prejudice off all succeeding Parliaments Dated at VVestminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons passe and print a Declaration against the said Declaration The said solemne Protestation of the secured Members being complained of vvas sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it vvith Authority instead of Reason both Houses passed this follovving Declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament talking into their consideration a printed Paper entituled A solemne Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and procedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House and the continuance of the Armies force upon it are no vvay obligatory but void and null to all intents and purposes The present visible Government is the Power of the Sword in the hands of Rebels The fundamentall Government of this Kingdome is destroyed by the remaining faction in the Ho. of Commons by their Acts For abolishing Kingly-Government The House of Peers their putâ—ing dovvne Trials by Iury of 12 mâ—n and setting
the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdome did forbeare to proceed judicially against Him but found by sad experience that such their remissnesse served onely to encourage Him and His Complices in the continuance of their evill practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Trayterously and malitiously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas 〈◊〉 Fairfax Generall Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip. Lord Lisle Will Lord Munson Sir Iohn Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harrington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaac Pennington Alderman Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Pureâ—oy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berckslead Col. Mat. Tomblinson Iohn Blackston Esq Gilb Millington Esq Sir Will Cunstable Col. Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Lavesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburne Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburne Col. Adrian Scroope Col. Richard Deane Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Ioh Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Es Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Eq. Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Hump Edwards Esq Greg. Clement Esq Iohn Fray Esq Tho VVogan Esq Sir Greg Norton Serj. Iohn Bradsaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Alder Thomas Scot Alder Tho. Andrewes Ald VVilliam Cawley Esq Abraham Burrell Esq Col. Anthony Stapley Roger Gratwicke Esq Iohn Downes Esq Col. Thomas Horton Col. Tho. Hammond Col. George Fenwicke Serj. Robert Nichols Robert Reynolds Esq Iohn Lisle Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn VVeaver Esq Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Es Augustin Skinner Es Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Browne Esq Iohn Lowrey Esq Mr. Bradshaw nominated President Counsellors assistant to this Court to draw up the Charge against the KING are Doctor Dorislow Master Steele Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerk to the Court. Messengers and dore-keepers are Master VValford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Iudges for the hearing Trying and Iudging of the said Charles Stuart and the said Commissioners or any 20. or more of them shal be and are hereby Authorized and Constituted an High Court of Iustice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hande and seales shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of VVestminster and to adjourne from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whether VVitnesses upon oath were necessary upon Trials of life and death But I confesse that upon the defensive part upon Indictments VVitnesses upon oath were not to be heard against the King much more Accusers of the King and for examination of VVitnesses upon oath if need be coneerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfax * * The Generall is no Officer of justice All welaffected Persons tag and rag invited to assist in a Tumultuary way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted doe continue for the space of one Month from the Date of the making hereof and no longer 60. A new Great Seale to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seale against Him because it vvas the Kings Great Seale no more could they use any of our Lavves Courts or Iudges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither vvould the Grace of God square vvith their proceedings they must therefore make a nevv Great Seale but that vvas long a making and their fingers vvere in the fire they therefore proceeded vvithout any Commission under Seale onely upon the said Ordinance and every Commissioner set his ovvne hand and seale to the publique instruments of their proceedings vvhat need ceremonies vvhen men are resolved upon the substance 61. The Iews petition the Councell of VVar to have the Stat of their banishment repealed About this time the Hebrevv Ievves presented a Petition to the uncircumcised Ievves of the Councell of VVarre That the Statute of Banishment against them may be repealed and they readmitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanded Hugh Peters and Harry Martyn solicite the businesse Vpon this occasion vvas published this Paper ensuing 62. A Paper published upon occasion of
and whether every Free-borne English-man especially of Noblest birth amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant illegall Authority in the very rise and foundation ere it be over-late not patiently suffer a rash inconsiderate number of Hotspurs of meane condition and broken desperate fortunes for the most part out of private malice feare or designes to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suite with our English soile already overmuch watred with English bloud and so deeply ingaged against all arbitrary and tyrannnicall usurpations proceedings especially capitall in any hands whatsoever which have cost us so much bloud and treasure to oppose and fight against for seven yeares last past Saturday Ian. 20. 1648. The new thing called The High Court of Iustice sate Bradshaw being President 80. The first dayes Trial of his Majesty who had the Mace Sword carried before him 20. Gentlemen forsooth with Partisans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70. of the Commissioners present Then the King was brought to the Bar by Col Hacker with Halberdeers the Mace of the Court conducting Him to his Chaire within the Barre where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation and of the innocent bloud shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves Prove this povver trust The vvhole Kingdome in effect deny it So doe all our Lavv-Books the practice of all Ages and according to that power and fundamentall trust reposed in them by the People have constituded this High Court of Iustice before which you are now brought and you are to heare your Charge upon which the Court will proceed Solicitor Cooke My Lord in behalfe of the Commons of England and of all the People-thereof I doe accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First Ianuary 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to Govern by according to the Lawes of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the people and for the preservation of their Rights and Liberties yet neverthelesse out of a wicked Design to erect and uphold in himself an unlimited and tyrannicall power to rule according to his will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redresse remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right power of frequent and successive Parliaments or Nationall meetings in Councell He the said Charles Stuart for accomplishment of such his Designes for the protecting of himselfe and his Adherents in his and their wicked Practises to the same Ends hath trayterously and malitiously levied Warre against the present Parliament the People therein Represented Particularly upon or about the thirtieth day of Iune in the yeare of our Lord one thousand six hundred forty and two at Beverly in the County of Yorke upon or about the thirtieth day of Iuly in the yeare aforesaid in the County of the City of Yorke upon or about the twenty fourth day of August in the same yeare at the County of the Towne of Nottingham when where he set up his Standard of Warre also on or about the twenty third day of October in the same yeare at Edgehill and Keinton-field in the County of Warwicke and upon or about the thirtieth day of November in the same yeare at Brainceâ—ord in the County of Middlesex upon or about the thirtieth day of August in the yeare of our Lord one thousand six hundred fourty three at Cavesham-bridge nâ—er Reading in the County of Berks upon or about the thirtieth day of October in the yeare last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of Iuly in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eight day of Iune in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which severall times and places or most of them and at many other places in this Land at severall other times within the years aforementioned And in the yeare of our Lord one thousand six hundred forty and six He the said Gharles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were
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
Lenthall their Speaker as followeth 1. FOr releasing out of New-gate 3 of the Queens Priests and Iesuits by his Warrant 2. For maintaining and protecting severall Spies and Agents for the late King within the Line of Communication during the late Warre 3. For conveying divers remarkable Prisoners of War out of the Line of Communication unto the late King 4. For assisting and protecting severall Plotters on the behalfe of the late King to destroy the City of London 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication wittingly and willingly 6. For sending Horses of Warre with Men and Armes to the late King 7. For holding an intercourse of Letters with the late King 8. For maintaining and keeping an Agent in the Garrison of Oxford for expediting the foregoing Treacheries 9. For corrupting many Members of the Parliament some lately excluded and some now sitting in the House to conceale and smother the foregoing Treacheries 10. For endeavouring to take away the Lives of severall the Prosecutors and Witnesses unto the foregoing Treacheries You see there is not one word in them of Cousening the Common-wealth which is now become the Private-wealth of every particular Saint because this would have broken universally the whole communion of Saints and would have set them all together by the eares to defend themselves by recriminating one another The device was by taking off the Speaker to Dissolve them since they cannot by the Priviledges of the House chuse themselves a new Speaker without the consent of a power higher then their owne to wit the KING 's And though they will be so much Masters of their own Priviledges as to coyne new every day upon emergent occasions yet those irregularities are alwaies done under the power and protection of the Sword which they could not expect against their owne Visier Basha Oliver This trick being smelt out was so highly resented that it perished in the birth onely I heare the Speaker bled in private 15000 l. towards Olivers expedition 199. 150000 l. Advance money for Cromwells expedition All the sinks of tyranny and oppression about the Towne the Committee of the Revenue Goldsmiths hall Haberdashers hall the Excise Office c. are all emptied into that Common-Sewer Olivers expedition into Ireland or rather Scotland or engaged as a security to furnish him with 150000 l. part whereof onely he is accountable for the residue is left to his discretion and conscience to buy Townes and Victories with and to be offered upon an Altar to be erected Deo ignoto At Olivers request the House admitted Sir Edward Ford to compound upon the Articles of Oxon notwithstanding his lapse of time Forde married Ireton's Sister and the Lord Culpeper's Sonne married Forde's Daughter Observe how the Generall is lessened to advance Cromwell 1. The Command of the Irish Forces taken from him and Cromwell sent with a Higher power than ever any went with into that Nation 2. All Souldiers that will are enabled to leave their Regiments and List under Cromwell so that the discontented and Levelling Party onely are left under the Command of Fairfax Col. Martin's Accounts brought into the House 200. More Gifts to the Godly 3. Iuly 1649. his Arreares came to 25000 l and 1000 l. per ann Land ordered to be setled upon him and his Heyres The Lord Gray of Grooby's Arrears for the last Summer only against Duke Hamilton 1500 l. These things considered I cannot wonder at the Petition presented to the Generall by Captaine Iubbs The Moderate from Iuly 3. to Iuly 10. 1649. in the name of Col. Huson's Regiment about Iuly 6. wherein amongst other things they complaine That the House doe Weekly bestow 1000 l. per an upon themselves out of the publique Treasury of the Nation when as the Souldiers wants are great and all the People are in great necessity As if the dividing of the Army 201. Endeavors to lessen the Generall and putting the most confiding men under Cromwell the taking the whole Command of Ireland from the Generall and conferrirg it upon Cromwell the drawing drie all Treasuries of Money to furnish Cromwell and leaving no Money to content the Generalls remaining part of the Army the turning the odium of seizing and secluding the Members and Murdering the KING upon the Generall were not sufficient diminutions of the Generall and augmentations of his Lieutenant Generall The Welch Counties are set on worke to desire Harry Martin for their Commander in Chiefe and the Westerne Garrisons the most considerable of England are to be taken from the Generall and put into the hands of Cromwell and his Party for his retreat from Ireland so that if all this doe not enable him to ruine the Generall it will at least enable him to divide the Army and cautonize the Kingdome and turne the Generall into the dangers and troubles of the starving forlorne North Counties bordering upon Scotland And if Cromwell find Ireland too hard a Bone for him it is thought he will endeavour to surprize the Isle of Man and from thence infest Scotland and Ireland 202. An Inquisition for bloud an ingenious piece newly come to light About the 18. Iuly 1649. was presented to the world an ingenious piece entituled An Inquisition for Bloud to the Parliament in statu quo nunc And to the Army Regnante wherin the Author proves That the KING dsd not take the guilt of Bloud upon Himselfe by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight in these words viz That He acknowledged that the two Houses of Parliament were necessitated to undertake a Warre in their owne just and lawfull Defence c. And that therefore all Oathes Declarations or other publique Instruments against the 2 Houses of Parliament or any for adhering to them c. be Declared null suppressed and forbidden His Majesty in yeilding to this Grant had reference to two ends 1. To prepare the way to peace which without this had been hopelesse 2. To secure indemnifie the two Houses with all their Adherents and rid them from those despairing feares and jealousies which made them adversaries to peace For the words of this Preamble they were not of His penning He was not Authour of them but an Assentor to them nor was He or His Party accused or so much as mentioned in them He made this Concession sub stricta novacula when the Razor was as it were at His throat 1. An Army of 3e000 Horse and Foot effective against Him 2. When He was endangered and tired out with a long and close Imprisonment 3. When many dangerous menacing Petitions against His life had been encouraged and entertained so that the King may seem to have been necessitated to yeild to this Grant for His owne just and lawfull Defence His Majesty passed this Concession with these two Provisoes 1. That it should be of no validity until the whole Treaty were intirely
for a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a Warre against Owen Roe and the rest in Armes in that Kingdome should dare to Treat and conclude an Agreement and conjunction with that very Enemy he had Commission to fight against without the knowledge and Directions publique or private of those from or under whom he hath his Authority and should be so bold when he had done to come over and justifie his said doings notwithstanding they proved unprosperous Col. Monke being so much a Souldier as to know That all the world over to exceed the bounds of his Commission much more to act against his Commission as in this case is assured death without mercy both by the Law Martiall without which Military Discipline will perish and by the Lawes of our Land See the said Letter printed at the latter end of a Relation of the securing and secluding of the Members by the Army 5. Wherefore was Sir Iohn Winter and Sir Kenelme Digby sent for over as was foretold by an intercepted Letter where of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neale privately entertained in England as I have formerly hinted but to drive on Treaties and Associations of this nature insomuch that long since it was whispered amongst Cromwels party in England to uphold their Spirits That upon his shewing himselfe in Armes in Ireland Ormonds Catholique Irish party would all forsake him and go over to O Neale who maintained the Popes Interest in that Kingdome The aforesaid Paper printed by Authority and stiled The true State of the Tronsactions c. besides the said Articles of Cessation Nota. setteth downe other Articles called The PROPOSITIONS of Generall Owen O Noale the Lords Gentry and Commons of the confederate Catholicks of VLSTER To the most High and most Honourable The PARLIAMENT of ENGLAND 1. INprimis That such as are already joyned or shall within the space of three Months joyne with Generall Owen O Neale within the space of three Months is not in the said Copie printed at Corke in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Lawes and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said Parties their Heires and Successors for ever while they Loyally serve the Parliament of England 2. The said Generall O Neale desireth an Act of Oblivion to be passed to extend to all and every of his Party for all things done since the beginning of the Yeare 1641. 3. They desire that Generall Owen O Neale be provided with a Competent Command in the Army befitting his worth and quality 4. They desire that they may enjoy all the Lands that were or ought to be in their or their Ancestors possession 5. That all incapacity inability and distrust hitherto by Act of State or otherwise against the said Party be taken off 6. That on both sides all jealousies hate and aversion be laid aside Vnity love and amity be renewed and practised between both Parties 7. That Generall Owen O Neale may be restored and put in possession of his a a Ancestors not Successours a fault of the Printers Successors Estates or some Estates equivalent to it in the Counties of Tyrone Ardmarch or Londondery in regard of his merit and the good service that he shall performe in the Parliament of Englands Service in the preservation of their interest in this Kingdome 8. That the Army belonging to Generall Owen O Neale and his Party be provided for in all points as the rest of the Army shall be 9. That the said Party be provided with and possessed of a convenient Sea-port in the Province of Ulster I doe upon receiving a confirmation of these Propositions forthwith undertake and promise in behalfe of my selfe and the whole Party under my Command faithfully and firmely adhere to the Service of the Parliament of England in this Kingdome and maintaine their Interest hereafter with the hazard of our lives and fortunes In witnesse whereof I have hereunto put my Hand and Seale this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus farre the said Paper stild The true State c. goes on with the Relation of the said Treaty and Agreement but conceales what farther Transactions passed between Monke and O Neale upon the last recited Propositions Wherefore I shall be bold to continue the Story out of a Paper entituled The Propositions of Owen Roe O Neale sent to Col. Monke The Story of the farther Transactions between O Neale and Monke continued and enlarged out of the Propositions printed at Corke and a Cessation for three Months concluded between them Together with a Letter thereupon sent by a Gentleman at Dundalke to his Friend at Corke Printed at Corke 1649. The last recited Propositions were sent to Monke 25. day of April 1649. who perused them and made some inconsiderable alterations in them as appears by Monkes Letter of Answer thereupon to Owen O Neale dated from Dundalke 26. April 1649. as I find it in the said Paper printed at Corke in these words SIR I Have received your of the 25. April and I have seen your Order given to Captain Hugh Mac Patricke Mac Mahon to Treat and Conclude a Peace with me in the behalfe of your selfe and the Forces under your Command I have perused your Propositions and conceiving there are some particulars in them which at first view the Parliament of England may scruple to grant I have made a small alteration in some of them being well assured by it you will not receive the least disadvantage but it will rather prove a meanes to beget an increase of their good opinion towards you and your Patry which I believe your reality fidelity and action in their Service will sufficiently merit and in case you approve of them as I have revised and altered them I desire you to send them to me Signed and Sealed by you that I may present them to the Parliament of England to obtaine their favourable Answer in returne of them And in the meane time I desire that according to this inclosed Paper three Months Cessation between us be condiscended unto and inviolably kept between our Forces during the same time Dundalke 26. April 1649. Gorge Monke 1. Observations upon Monkes Letter 1. Col. Monke in his said Letter to O Neale 26. April answereth him 1. That he had perused his Proposition and conceiving there are some Particulars which at first view the Parliament of England may scruple to grant c. A gentle Phrase to nourish hopes in O Neale even of obtaining all his Demands if need be upon debate and deliberation though not at first view That he hath made a small Alteration in some of them I confess very small being will assured be should not receive
the least disadvantage by it c. From whom had Monke this Assurance unlesse from those Men by whose Authority and Directions private or publique he presumed to Treat with that Enemy he was Commissioned to fight with and whose Names he doth conceale That it yeilding to Monks amendments would rather prove a meanes to beget an encrease of their the Parliaments good opinion of Owen Roe O Neale and his Party c. It should seem then the Parliament had entertained a good opinion of O Neale and his Party before hand for every thing must have a being before it can have an encrease of being In case you approve of them the amended Articles I desire you to send them to me Signed and Sealed by you that I may present them to the Parliament of England to obtain their favourable Answer in returne of them c. You see all Monke did was in reference to the Parliaments ratification and therefore reason tells us the Parliament was originally privie to the Treaty It is not likely Monke should Treat upon his owne head and abruptly send the result of the Treaty to be confirmed by the Parliament without any warning foregoing to prepare them 2. Observations upon the Propositions amended See the said Paper printed at Cork especially Monkes Letter O Neale sent his Letter and Propositions to Monke Dated 25. April 1649. Monke answered his Letter and corrected O Neales Propositions the day after being the 26. April And the last mentioned Propositions of Gen Owen O Neale the Lords Gentry and Commons of the Confederate Catholiques of Vlster c. as well as the first mentioned Articles for 3. Months Cessation c. beare Date 8. May. 1649. which I conceive to be the Date given them when they were ratified by the Parliament or Councell of State See the said Paper The true state of the Transactions c. Then followes A second Copie of Owen Roe Oneales Propositions as they were Corrected by Col. Monke Paper printed at Corke and sent to Oneale to be subscribed And then sent by Monke to the PARLIAMENT to be granted as followeth verbatim 1. INprimis That such as shall joyne with Generall O Neale in the Service of the Parliament of England in this Kingdome may have Liberty of Conscience for themselves and their Issue 2. The said Generall O Neale desireth an Act of Oblivion be passed to extend to all and every of his Party for all things done since the beginning of the Yeare 1641. 3. They desire that generall O Neale be provided for a competent Command in the Army befitting his worth place and quality 4. They desire that they may enjoy all those Lands that were in their possession at the beginning of this Warre for themselves and Heyres during their fidelity to the Interest of England 5. That all incapacity inhability distrust hitherto by Act of State or otherwise against the said Party be taken off 6. That on both sides all Iealousies hate and aversion be laid aside unity love and amity renewed and practised between both Parties 7. That Gen. O Neale may be restored and put in possession of his Ancestors Estate or some other Estate equivalent to it in regard of his merit and the good Service that he shall performe in the Parliament of Englands Service in the preservation of their Interest in this Kingdome 8. That the Army belonging to the Gen. O Neale and his Party be provided for in all poynts as the rest of the Army shall be 9. That the said Party be provided with and possessed of a convenient Sea-port in the Province of Vlster See the Date in The true state of Transactions c. It seems to be 8. May 1649. And I doe upon receiving a Confirmation of those Desires undertake and promise in the behalf of my selfe and the Whole Party under my Command faithfully and firmly to adhere to the Parliament of Englands Service in this Kingdome and to maintaine their Interest hereafter with the hazard of our Lives Estates against all Opposers whatsoever Given under my Hand and Seale In the said Paper printed at Corke is also contained A Letter from a Gentleman in Dundalke dated 20. May 1649. which take here verbatim that you may see what opinion Men there upon the place had of that businesse at Corke in Munster To my Worthy Friend SIR YOu may wonder my Obligations being so great towards you that my returnes of acknowledgment should be so seldome as they have been but you must know there is no defect in my desires to be at your eares often 't is onely the preservation of my Liberty and Safety in these parts that makes me forberare the frequency of such intercourses I am confident these Letters this Messenger and the inclosed Papers which I here send you containing a true Copie of the Propositions and Letters of Agreement between Owen Roe O Neale and Col. George Monke will be able to give you some accompt of the passages in these parts and will make you assured that I doe not forget the respects I owe unto you I must confesse to you that as you ever conceived I never could imagine that the Parliament proceedings would have advanced to so high a degree of rage and wickednesse as I see they are now come to and are resolved to act by but being amazed at the KING'S Murther and seeing the Gangrene doth so cruelly spread I will impart to you my resolution That I am resolved to get into your parts with the first conveniency and adhere to you there whose actions are more conducing to the preservation of our Religion Law and Common Interest than any where else that I can find But that this my so sudden resolution may not be conceived the fruit of some vaine feare miscarriage in my self or light desires to abandon my former principles I shall give you a right understanding of all the motions and passages of my soule since I was acquainted with this late Treaty between Col. Monke and Owen Roe O Neale that thereby you may judge of the ground of these my Designes and distasts and my resolutions taken thereupon And before I consider the particulars of the Treaty the thing it selfe is so odious unto me that if they could have made the best bragaine to be imagined for the English Safety the manner of it would have appeared to me very unsavory For although it cannot be denied that almost the whole Irish Party in regard of their Confederacies and Combinations have not been innocent in all particulars of that vast Ocean of English Blood that hath been shed yet it is most cleer that the Plotters and Contrivers of this Treason and the unnaturall and butcherly Executioners thereof are that Party principally which are now Headed by Owen O Neale for although many of the pale with others of Conaught Leinster and Munster entertained the Design when they saw it was so far spread and the English so much weakned in