Brook Comission 19. 21. It appears by the Writs of Summons to the Lords Crompt Jurisdiction of Courts fol. 1. Cooks 4. Instit p. 9. 10. and of Elections Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum Nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Commonwealth formally it cannot be the same the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmatical Taylors in the House who can make a garment fit for all states of the Moon and a Parl. fit for all changes of the State and leavying their Wages That the Parliament was only Parliamentum nostrum the Parliament of the Kings that is Dead not of his Heirs and Successors They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heirs and Successors of great and weighty Affairs concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2. Dors Claus Regist fol. 192 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revival The Parliament is determined thereby especially as those who have Dis-inherited his Heirs and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Judges Justices of the Peace Sheriffs made onely by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Justitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43. 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7. Rep. 30 31. 1 Ed. 6. c. 7. Daltons Justice of Peace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of the Parliament 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4. 18. 1 Hen. 7. 12 13. Plowdens Comment fol. 369. Cooks 4. Institutes pag. 329 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any clause thereof although it be a clear dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regal Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principal occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complain That the King had dissolved all former Parliaments against approbation of both Houses of Parliament Wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regal Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Natural or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5 6. 14 17. compared together where they Affirm The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royal power in Dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publick Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royal Command to the Houses or their Speaker executed during his life-time See Parl. Rolls 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64 65. 11 Ric. 2. nu 14 16 20. 8 Hen. 4. nu 2 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8 9 11. 29 Hen. 6. nu 10 11. 31 Hen. 6. nu 22 30 49. and Cooks 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heir or Successor and for supplying other His Majesties not his Heires nor Successors occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which credit cannot be attained until such Obstacles be first removed as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Justice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High Commission Ship-money Knighthood-money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said monies not others since so to be raised All which expressions related onely to His late Majesty as to His Acts of Royal Power not to His Heires and Successors after His Natural much less Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the several Principal Scopes of this Act are fully satisfied long before the late Kings death 4. It is clear by the Body of this Act And be it declared c. That this present Parliament c. shall not be dissolved unless it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unless it be by Act of Parliament to be passed for
graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
Antrim should grow strong he procured one Regiment for himself another for his Cozen Lawers a third with the place of L. General for that most ungrate Gentleman the Earl of Lothian who was married to his Neece and one of his Confidents who was once heard say That the 3 Kingdoms would never have peace so long as King CHARLES his Head was on his shoulders and yet it is only King CHARLES his favour that hath made him and his Father exceed the estate of Gentlemen with many other places to divers of their friends intending a ful Conquest of Ireland at least to banish Antrim and the Mackdonalds from thence as he and his Predecessors had done many of them out of Scotland taking a gift from the Parliament of England of some of the Earl of Antrims Lands in Ireland especially the Island of Rachera to the which one of the forementioned Regiments was sent and kept there a long time so that all the three Kingdomes must be at the charge to maintain Armies and Garrisons for enlarging the Dominions of Argile His next project having begun his Confederacy in England by shewing them the wayes to get money by Taxes and Excise 10. and 20. part bringing in of Plate voluntary Contributions borrowing on the Publique Faith tyrannizing over the Persons and Estates of all that durst be so bold as speak against the Illegal Orders and all this Money in both Kingdoms to be employed against His Majestie whom their renewed Covenant did oblige them to defend having good opportunity to traffique betwixt under the pretence of Commissioners for the Kingdom of Scotland the rest for the most part either his Creatures or Confidents so that he ruled all the Council at home and abroad sending Lothian to France to have them brought in a Confederacy abusing his Majesty by procuring His Commission for Treating concerning the keeping and preservation of that ancient League betwixt France and Scotland begun in Charls the Great 's time with Achaius King of Scotland but the effect of the Treaty was to bring money to Argile who at that time when the Kingdom stood in much need of men sold five thousand to the French to be under his Brother from whom he had as formerly the Estate so now the Title of Kintyre and he must be Earl of Irwin all the Interest he had there being by his quondam Tutor now Slave Barcley his being sometime Provost thereof and the Chancellors Brother Lundie sur France and Irwin had bad penny worths although Argile made a good market for the Men like Money trusted in a Jugleâ—s hand were gone with a puff thus you see how much both KING and Kingdome were obliged to him in this particular But to come to the main point of the Conspiracy finding Scotland although he had all the power of the Persons and Estates in his hand not pliable as yet to cast off Monarchy and imbrace Aristocracy of whom as affairs stood none could be the chief Ruler but himself he did imploy the Zealots of the Clergy to asperse those who did oppose him especially some most faithfull and religious Noble men as if they were fallen from their first love turn enemies to the cause of Christ had with Demas imbraced this present world and that Argile was the only man that stood in the gap threatning out of their Pulpits all such as would think or speak evil of him but when the State-juglers with their Clergy-Impostors could neither shake the Loyalty of the one who were really for the Covenant and Monarchical Government nor plaster over the many fraudulent cheats of the Argathelian party now become a most odious and heavy burthen to the Kingdome harased and ruined from the one end to the other by him and his Armies on the one part and Montrosse and his Confederates on the other part Argile of the two being the Kingdoms most cruel Enemy was simulat humiliation having the Church-men still his friends did reconcile himself to the other noble and loyall Patriots by suffering them to take some share of the Government that the by him dis-joynted State might by them be set in a right frame again with a resolution when all things were right to usurp his wonted Authority and follow his old trade of Dethroning His Majesty and cantonizing the Kingdom but things falling out so that one day at Nazeby quelling the KINGS party in England and one day at Philipshaugh almost quieting Scotland finding the Presbyterians in England inclinable to peace and desirous of his Majesties re-establishment according to the Covenant he leaves them and joyns Counsell with Say Perpoint Cromwel and others of the Independent Junto doing them that Masterâ—iece of good service First under colour of Loyalty and friendship to prevail with His Majesty to return to the Scots Army then at Newark Cromwell contributing a Passe to Hudson and Ashburnham with a slack Guard that His Majesty might the more freely escape Secondly after many learned and loyal Speeches for Monarchy the Kingdom of Scotlands interest in the person of the KING and many Vows and Protestations both in private and publick not to abandon His Majesty without his own consent contrary to all which he and his Party did overthrow the Loyalty of That once famous Gentleman Lieuten General David Leslie who had deeply sworn and ingaged himself to His Majesty to convoy him safely into Scotland or then to see His Majesty peaceably setled in his Throne in England forcing him and he perswading and prevailing with the Souldiers to march away leaving his Majesty behind little better than but now an assured Prisoner and the whole power of the Sword in the hands of the Independents and Sectaries to the ruine and overthrow of their Presbyterian friends in the City and Parliament as the History of Independency doth Witness encouraging the Independent Party by their Letters to proceed in their dethroning Votes and accusation of his Majesty assuring them that no party from Scotland shall be able to hinder them in their proceedings but finding the body of the Parliament and the Kingdom of Scotland to be sensible of the ruine of Religion and Monarchical Government if the Sectaries prevaile and their resolution to adhere to their Covenant and re-establishing his Majesty being in fear their party shall not be able any longer to delude the Kingdom or hinder the Army designed to come in for the vindication of the many breaches of the Solemn League and Covenant and the several Treaties betwixt the Kingdoms they have solicited the Armies of Sectaries to come to their assistance some of their Ministers professing in their Letters They have no hope of safety unless it be by means of this rebellious Army now in England thereby endeavouring to make Scotland the seat of War And if these troubles in Wales and cutting Petitions from Essex Kent Surry and Sussex had not hindered them their resolution was to have sent Cromwel thither it being debated before he went to Wales
which of the two he should take in hand but the constant assurance they had from Argile and those accursed Clergy-men that were bribed by Stephen Marshal That there was no fear of danger from Scotland in hast made them hasten to finish the enslaving of England and Wales and then they resolve to conquer Scotland which they conceive may be quickly done having Argile and his Faction so firm to them that although he would neither he nor his Partners dare revolt from them having received so much of their money lest they should reveal more than he desires should be known and as the Independents sent their Emissaries through all Counties and Corporations to get hands to Petitions for thanks to the House for their dethroning Votes so Argile and Marshal's Hirelings have been very active to get hands to Petitions in many Shires Corporations and Provincial Assemblies for hindering the engagement against the rebellious Army of Sectaries and the Independent Junto their Confederates whereas there is no intention against the Parliament or Body of England but to comply with all religious honest hearted and loyal Subjects who desire that His Majesty may be enlarged and brought to a Personal Treatie whereby Peace and Truth may be setled in the three Kingdoms their chief pretences being that Religion is not secured the Religion now established in Scotland was by Act of Parliament His Majesty present so well secured as the most religious Church-men and most skilfull Lawyers could devise if you have got New Lights and desire any other Religion to be established vindicate His Majesties Honour and put up your Petitions to Him in an orderly way and He may possibly vindicate you from the Yoke of Slavery which some of your tyrannizing Clergy desire to put upon you The next is a wonderfull increase of your fears by the great Trusts put upon such persons of whom you have just cause of jealousie to this Kingdom and the Cause of God though you do not speak plain your Pamphletters do and your Pulpit Incendiaries to some purpose you mean Duke Hamilton now General of the Forces des gned by the Kingdom and Parliament of Scotland for vindicating the Honour of the Nation and revenging His Majesties Captivity upon that perfidious rebellious Army of Sectaries and their adherents what he did before the subscribing of the Covenant ought not to be objected his moderation even then deserving the honour and love of his Country and since his subscribing malice it self cannot tax him that he hath done any thing contrary to his Covenant or his Country what Montrosse doth asperse him with that he hindred his intended invasion of Scotland and so consequently His Majesties Service none of those who stand for the Covenant who did think Montrosse an enemy to the Covenant and to his Country ought to object this to my Lord Duke whose tender care of the safety and welfare of his Country may evidently appear even in the relation of one of his most deadly enemies and whereas his good advice for moderation was misconstrued by Argile and his prevailing Faction on the one side as if he had done things contrary to the Covenant and by Montrosse and his Confederates at Court on the other side as if he had connived or been accessary to those violent courses against his Majesty which God knows he was not able at that time to hinder his intentions being still for Peace and such a Peace as might consist with the safety of Religion and His Majesties honour whereof he was very hopeful being confident of His Majesties propensnesse to Peace and the interest he had in His Majesties favour but the watchfull malice of his enemies and the enemies of Peace did cunningly prevent his going about so good a work making him Prisoner without His Majesties knowledg hindring by all means a meeting betwixt them knowing that his Majesties justice and the Dukes innocency would quickly make their calumnies to vanish what a sad imprisonment did he indure much heightned by the then impossibility of clearing his innocency to his Sovereign the losse of whose favour would be more bitter than a thousand deaths and his real intentions for the good of his Country for whose cause he hazarded and suffered so much misery and imprisonment Yet this noble Dukes implacable and malicious enemies do further asperse him as a man of no Religion a meer Polititian and one that seeketh the ruine of his Soveraign by the aspiring to the Crown of Scotland It would trouble the best Politicians and the most Religious upon earth in these distracting and distracted times to distinguish rightly betwixt the duty we owe to Religion and the duty we owe to our Prince supposing them enemies but the falsity of this supposition which hath misled many thousands and been the ground of all our miseries being evident to the Duke who had the honor to be educated and intimate with his Majesty from his youth knowing his Majesty to be a lover and honourer of the true Protestant Religion a lover of justice and mercy and a practiser of all Christian and moral virtues and with a most munificent hand a royal Benefactor to himself and his Family It may be asked if it had been either piety or policy in the Duke to have kick'd off so loving and so liberal a Lord and Master although he had not been his Soveraign or to have ingaged against his Country with any Party that for their own ends more than the good of their Soveraigns were disturbers of all moderate Counsels so long as he had any hopes of Peace especially seeing so many sad presidents in both Kingdoms where many powerfull Subjects lovers of the true Protestant Religion not joyning prudence with their loyalty and innocence have crush'd them under the Load and nothing easeth His Majesties burthen but rather increaseth the same all their wealth and power being now made instrumental to enslave both KING and Kingdoms the Duke's prudence having vindicated him from the ruine intended against him by his enemies and reserved him through Gods blessing to vindicate his Loyalty by re-enthroning his Majesty so soon as God hath enabled him with any power to do it As for his Religion it is known he is neither Popishly affected nor a Sectary but who hath ever been a professor of the true Protestant Religion a lover and Patron of all Godly men and honest Ministers even in the time of Episcopacy when few or none but himself durst appear for them if his judgement had not been overswayed in some Star-Chamber sentences before he had that wisdom and experience which he now hath and long before he did take the Covenant if he had been ambitious of popular applause he had been more renown'd for his Religion than for his Princes royall bounty but wishing rather to be religious than seem so his favours were given in secret to many godly Ministers and his Majesties honour and good chiefly aimed at in the bestowing of them and
that you may take a short view of his proceedings as you have done of Argile's by comparing them you will find who doth deserve the Title of the most Religious Duke Hamilton suffered his worthy Mother to enjoy besides her own Joynture all his Estate whereby indeed he lost nothing she improving it much to his advantage hath helpt his Brother to a great estate with Titles and Places of Honour and profit suitable to his birth and worth his Sisters and now some of his Neices matched in the Noblest and best Families of the Kingdom 1. Whereas Argile did in his Fathers life time bring him to a Pension outed his Brother of his Estate Kintyre and ruined his Sisters by cheating them of their portions and so enforcing them to go to Cloysters The Duke had no quarrel with any save Montrosse the ground you heard for crossing his first intention for the Invasion of Scotland to prevent the misery and bloudshed that he did foresee was like to follow 2. Argile for private quarrels betwixt him and Montrosse Culkettough and the Athol men the Earl of Airely and other hath drawn much misery and bloudshed upon the Kingdom whom he enforced to espouse his quarrels The Duke had no spoyls nor gifts given him since ever he signed the Covenant save the Title of DVKE but hath been spoyled both himself and friends by those that followed Montrosse 3. Argile had enrich'd his Country with the spoyls of the Kingdom and himself with the great treasure bestowed on him both by Scotland and England which is well secured without the reach of an Impeachment The Duke stands firm to his Covenant for the established religion loyal to his Prince for Monarchical Government faithfull to his Country against all forein Invasion 4. Argile hath contrary to his Covenant Duty and Allegiance conspired to extirpate Monarchical Government to introduce forein forces of Sectaries to the utter overthrow of the established Religion The Duke acts nothing but according to the Laws established according to the Covenant and the duty of every good Subject 5. Argile hath overthrown all Laws tyrannizing over the Lives Liberties and Estates of the Subjects Duke Hamilton hath been of that temper to mediate for a wel-grounded Peace his Majesties deliverance and the Personal Treaty being the only probable waies for setling the three Kingdoms and setling the power where it ought to be for the Honour and safety both of King and Subjects 6. Argile opposeth all wayes of the Peace settlement of the three Kingdoms His Majesties deliverance and being brought to a Personal Treaty lest the power should be taken out of his and his Confederates hands whereby they oppress and ruine both King and Subject The Duke hath used and is using all endeavours to Vindicate the oppressed Subjects in both Kingdoms never changing Interests being alwaies faithfull to all those to whom he did profess love and friendship 7. Lastly Argile hath betrayed his old friends the Presbyterian party in both Kingdoms especially the Presbyterians in the Parliament of England and City of London not only suffering them to be made a prey to their enemies but obstructing their relief Let the impartial Reader now judge which of the two is most religious As this opposition betwixt Duke Hamilton and Argile makes them both to appear what they are so this following Parallel betwixt the Argathelian Faction and the Independent Junto will serve for an eye-salve to cure the eye-sight of both Kingdoms and let them see clearly how near they are to the brink of an intolerable and perpetual slavery Argile and his Faction stiled by the Independents the Godly party in Scotland the rest all Malignants 1. The Army of Sectaries in England however formerly Preached and wrote against now called by Argile's faction the hope of their safety The like in England by the Army of Sectaries and Independent Junto above twenty millions shared amongst them whereof the Kingdom can never get accompt all places of Honour and Trust of England still in the hands of those that are engaged for and with the Army of Sectaries 2. The heavy Taxes imposed and continued upon Scotland by Argile and his Faction and all the benefit thereof and most part of the monies got from England shared amongst them and no satisfactory accompt given to the Kingdom thereof Cromwell and the army for the King in their first ingagements but having inslaved the City inforced the Parliament to the dethroning Votes and as not formerly acquainted therewith gave thanks for them and sent their Emissaries to some seduced Counties and Corporations to do the like 3. All places of Honour and trust usurped by Argathelians till of late and the Army modelled to maintnin their Interest 4. Argile formerly yet but seemingly for Monarchy now really against it and all that desire to assert it Cromwell contributes a Passe to His Guides slacking the guards as he did the second time when he frighted him with a Plot from Hampton-Court to the Isle of Wight where he remains close Prisoner 5. That Faction first betrays the King to come to the Scots Army promising protection and then most persidiously delivered Him up to the mercy of His most cruel Enemies The blood shed in England under colour of justice in cold blood calls aloud for vengeance and the persidious breaches of the Army of their promises to King Parliament and Country is too too evident 6. Argile and his Faction have been most cruel to those they call their Enemies especially in cold bloud and perfidious to their friends deserting and betraying them What the insolent Army did comming with Bayes in their hats when they inslaved the Parliament and riding in triumph through the City by whose bounty they were made and maintained an Army will to their perpetual infamy be registred to all posterity 7. Argile when he had done mischief must have both thanks and reward and like a Conquerour march through the Kingdom in triumph a thing never granted amongst the noble Romans to triumph for a Victory in a Civil War The Army and some others by their instigation petition that the Kingdome may be setled without the King and that Army continued to eâ—slave the Kingdom especially the Presbyterian party their Army being for Toleration 8. Argile's Faction petitions That the Army intended for His Majesties inlargement and the relief of our Presbyterian Brethren shall not come in Cromwell was ready to comply but got some other work for the time and if God prevent it not will now speedily be able to obey Argile's desires but if that fail Argile shall have money and send David Lesley to levy Forces abroad to work Argile's ends 9. Argile and his Faction desires but five thousand Horse to assist them to subdue Scotland which must be turned a Province to the Kingdom of the Saints Let this serve for a Caveat to the mis-led and deluded Protestants of the three Kingdomes not to trust the fair promises or pretences of these
seeming Saints who have made the solemn League and Covenant intended for preservation of Religion His Majesties Honour and the just Liberties of the Subject to be the ruine of Religion the dishonour so far as in them lieth of His Majesty and the most absolute enslaving of all free Subjects not to Kings or Princes to Great men or Good men but to the very scum and off-scouring of both Kingdoms it being noâ— small grief to all that truly feared God that so many of the reputed honest Presbyterian party should out of base fear or other by-respects comply so long with these Stare-Juglers the Clergy being most active hastning thereby their own and the Kingdoms misery for they may be well assured if these Saints prevail they must as some of them have done already turn their Coats once more and become the Hirelings and tongue-tied Tenants at will to their Brethren of the Independency or be kicked out of their fat Benefices and possibly out of the Kingdom to prevent new Insurrections against them which they are cunning to procure having the power in their hand to repress all that dare appear against them may be ruined others by their example terrified and their Saints may enjoy the fatness of England but I would ask these violent Clergy-men of the Presbyterian Party that are unwilling His Majesty should be brought speedily to a Personal Treaty what their Assemblies of Divines have been doing for if that Confession of Faith set out in England approved of in Scotland be agreeable to the truth of Gods word as I know nothing to the contrary why should the chief Magistrate our dread Soveraign be any longer debard of his just dues is He worse than Infidel that you will assist those that deny His sacred Majesty that which they allow to Infidel Magistrates blush for shame and repent in time lest as they change their Votes every day according as the tide of their power ebbs and flows so they may soon force you to repeal that Article concerning the chief Magistrate or like the gloss of Orleans put an exposition upon it which destroyeth the text God send us peace and truth and preserve His sacred Majesty and his Posterity and confound the wicked counsels of all such as are enemies to Peace Truth and Monarchy Si quid novistirectius istis Candidus imperti Si non his utere mecum THE END ANARCHIA ANGLICANA OR THE HISTORY OF Independency THE SECOND PART BEING A Continuation of Relations and Observations Historicall and Politique upon this present PARLIAMENT Begun Anno 16. CAROLI PRIMI By THEODORUS VERAX PSAL. 8.8 Virum sanguinum dolosum abominabitur Dominus Printed in the Year M.DC.XL IX THE PROTESTATION AND DECLARATION THe premises considered I do hereby in the name and behalf of my selfe and of all the Free People of England Declare and protest That the Generall Councel of Warre and officers of the Army by their said violent and treasonable force upon the farre major more honest and moderate part of the House of Commons being above 250. and leaving only 50. or 60. Schismaticks of their own engaged party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament have forfeited their Commissions And the remaining Faction in the House of Commons by abetting aiding and concurring with the said Councel of War in the said rebellious Force by setting up new illegal and arbitrary Courts of Judicature to murder King Charles the First our Lawful King and Governour who by his Writ according to the Law summoned and authorized this Parliament to meet sit Principium Caput finis Parliamenti Oaths of Allegiance and Supremacy and Advise with Him and was the Fountain Head and Conclusion or consummatory End of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdom and by Abolishing the House of Peers and the Kingly Office and dis-inheriting the Kings Children and Usurping to themselves the Supreme Authority and Legislative Power of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetuate their said Tyranny and this Army and Govern Arbitrarily by the power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and returne to sect 79 109 110. Stat. of Recognition 1. Iac. Oaths of Allegiance and Supremacy have by the aforesaid ways and means totally subverted this Kingdome and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLS the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made or Coronation solemnized notwithstanding that by his unjust Banishment causâ—d by the interposition of the said traiterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdoms and restore peace plenty justice mercy Religion Laws and Liberties to them again which no Hand but his own can bestow and therefore in vain do the people long for expect Figs from thistles Grapes from thornes This Kingdom of the Brambles now set up being only able to Scratch and Tear not to Protect and Govern them I farther Declare and Protest That this combined traiterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all lawful Government Magistracy Lawes and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges lawfully constituted to execute them any Court of Justice wherin they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murderers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doing but only their own irrational tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all free-born subjects of the Kingdom of England and Ireland are bound by the Stat. of Recognition 1. Jac. and by all our Lawes and Statutes By their Oathes of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
all the Parliaments Declarations and Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their own Faction all others being displaced under the generall notion of disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom being far the Major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl. or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn 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 illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and 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 Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher 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 means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs 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 General Councel 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 unnatural 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 own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and 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 and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs 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 suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans 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 Halberdiers the Mace of the Court conducting him to his chair within the Bar 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 Prove this power and trust The whole Kingdom in effect deny it So do all our Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do 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 January 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 and according to the Laws 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 nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical 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 redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
Jurisdiction of the Kingdome they have declared That it is notorious that the matter of the charge is true as it is in truth my Lord as cleare as crystall and as the Sun that shines at noone-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalf severall Witnesses to produce and therefore I do humbly pray and yet I do confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Justice and Judgement and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw Sir You have heard what is moved by the Councel on behalfe of the Kingdome against you you were told over and over againe That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did persist in such carriage as you have no manner of obedience nor did you acknowledge any authority in them nor the high Court that constituted this high Court of Justice Sir I must let you know from the Court that they are very sensible of these delaies of Yours and that they ought not being thus Authorized by the Supreme Court of England be thus trifled withall and that they might in Justice and according to the rules of Justice take advantage of these delayes and proceed to pronounce Judgment against you yet neverthelesse they are pleased to give direction and on their behalf I do require you That You make a positive Answer unto this charge that is against you in plaine Tearmes for Justice knowes no respect of Persons you are to give your positive and finall Answer in plaine English whether you be guilty or not guilty of these Treasons laid to your charge King When I was here Yesterday I did desire to speak for the Liberties of the people of England I was interrupted I desire to know yet whether I may speak freely or not Bradsh Sir You have had the resolution of the Court upon the like question the last day and you were told that having such a charge of so high a nature against you Your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your charge when you have once Answered you shall be heard at large make the best defence You can But Sir I must let you know from the Court as their commands That You are not to be permitted to Issue out into any other diâ—â—â—â—â—ses till such time as You have given a positive answer concerning the matter charg'd upon you King For the charge I value it not a Rush it is the Liberty of the people of England that I stand for for Me to acknowledge a new Court that I never heard of before I that am your KING that should be an example to all the people of England to uphold Justice to maintaine the old Lawes Indeed I do not know how to do it you spoke well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my people the same Obligation you spake of I do acknowledge to God that I owe to him and to My people to defend as much as in Me lies the antient Laws of the Kingdome therefore untill that I may know that this is not against the fundamentall Lawes of the Kingdome I can put in no particular Answer if you will give Me time I will shew you My Reasons and this here being interrupted the King said again Whether these breaches and interruptions were made by Bradshaw or whether they are omissions and expunctions of some material parts of the King's Speech which this licenced Pen man durst not let downe I Know not I hear much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes By your favour you ought not to interrupt Me How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publique Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty then I was hurried away and brought hither and therfore Bradsh Sir You must know the pleasure of the Court. King By your favour Sir Bradsh Nay Sir by your favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court the Court craves it not of You but once more they command You to give your positive Answer Clerke do your Duty King Duty Sir The Clerke reads Charles Stuart King of England You are accused in behalfe of the Commons of England of diverse high Crimes and Treasons which Charge hath been Read unto You The Court now requires You to give Your positive and finall Answer by way of confession or deniall of the Charge King Sir I say againe to you so that I may give satisfaction to the People of England of the clearnesse of My proceedings not by way of answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a New Court against their Priviledges to alter the fundamentall Lawes of the Kingdome Sir you must excuse me Bradsh Sir This is the third time that You have publiquely disavowed this Court and put an affront upon it how far You have preserved the priviledges of the people Your actions have spoken but truly Sir mens intentions ought to be known by their actions You have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerke Record the default and Gentlemen you that took charge of the Prisoner take Him back againe So the King went forth with His Guards and the Court adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England 83. The fourth and last dayes Triall of His Majesty Saturday 27. Jan. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes after him 67. Commissioners answered to their Names The King came in in His wonted posture with his Hat on a Company of Souldiers and Schismaticks placed about the Court to cry for Justice Judgement and Execution The people not daring to cry God blesse Him for fear of being againe beaten by the Souldiers Bradsh Gentlemen it is well knowne to all or most of you here present that the Prisonâ—r at the Bar hath been severall times convented and brought before this Court to make Answer to a charge of High Treason and other high crimes exhibited against Him in the Name
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Statute of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloudy murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such commissions and proceedings and by the power of an Army to enforce them and the Judges Justices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high * * Whereupon six Judges refused to accept any new Commissions or to act as Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their oaths covenant callings and places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your Treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanours by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper Every Act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to confer with Him as His Parliament and Councel about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4. c. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the great Seale of England Judges of the Kings Courts Justices of Peace Sheriffs Excise-men Customers and the like with all Committees and ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Jacobi ch 1. and by all the Judges of England since Coke 7. Report f. 10 11. in Calvins case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their blouds to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through fear terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested
Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their plea for Non-subscribers Therefore I pass on to my principal scope The second Engine appointed to root out all such as are of a different party the High Court of Justice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Justice 4. The High Court of Justice I must consider 1. By what persons and Authority this new erected unpresidented Court is constituted 2. Of what persons it is constituted 3. The way and manner of their proceedings What Formalities and Laws they observe therein How suitable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudicial Court are the present pretended Parliament consisting of forty or fifty thriving Commons only who conspired with Cromwel and the Army to expel seven parts of eighth of their Fellow-Members without any cause shewn abolished the House of Peers erected this High Court of Justice in nature of a Court Martial to murther the King abolished Kingly Government turned it into a thing they call a Free State disinherited the Royal Family and now usurp to themselves without any calling from God or the People more than a Regal Legal or Parliamentary Authority wherewith they have subverted the Fundamental Government Religion Laws Liberties and Property of the Nation and envassallised and enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudicial Court is The usurped Legislative power by colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Justice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great and happy Parliament printed by William Cooke 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdome wherein the King as head The Lords are the more Noble and the Commons the other Members are knit together as one body politick The Laws are the Arteries and Ligaments that hold the body together And a little after Its Treason to embesel a Judicial Record Strafford swept them all away It s Treason to counterfeit a 20 s. peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s treason to counterfeit the great Seal for an acre of land no property hereby is left to any land at all no more is there by the votes and practise of our new Supremists thus far Mr. St. Johns But that the Parliament doth necessarily consist of the King and the two Houses assembled by his Writ can pass no Act without their joint consent See the preambles of all our Statutes all our Parliament Records all our Law books Modus tenendi Parliamentum Hackwels manner of passing Bills Sir Tho. Smith de Repub. Anglorum Cambdeni Britania All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is not by any Law of the Land but by the will of lawless power and Rebellion that hath cancelled all our Laws Liberties and Properties and subverted our Fundamental Government and disfranchised and disinherited the whole Nation Yet Master St. Johns in his said Argument against Strafford pag. 38. was then of opinion That to subvert the Laws and Government and make a Kingdome no Kingdome was Treason at the Common Law This Act 26. Mar. 1650. is a new modelled Commission of Oyer and Terminer and all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President and Counsel of York or of the North as an intollerable grievance notwithstanding it had been of as long continuance as from 41 H. 8. as appeares by a worthy Members Speech or Argument against it in the said Book of Speeches and Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart High Court is not more liable than it 1. The Commissioners of this High Court are not appointed to enquire per Sacramentum proborum legalium hominum that is by Juries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to hear and determine Secundùm Leges Angliae according to the known Laws as they ought to be but according to certain Articles and powers given in the said Act 26. March 1650. 3. The said Act 26 March leaves a dangerous latude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25 Edw. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to appertain to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporal pains are proper to slaves not to subjests Here after the loss of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowereth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practise of all our Courts of Law and of all Nations See Stat. 1 Edw. VI. chap. 12. 5 Edw. VI. chap. 11. Cooks 3. Inst p. .24 25 26. Deut. 17.6 Ex ore duorum vel trium peribit qui occidetur Deut. 17.6 Matth. 18.16 John 18.23 2 Cor. 13.1 Heb. 10.28 This is the most arbitrary and destroying liberty that ever was given to Judges And such as none but professed thieves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man and man How then can they end and determine a controversie without oath But the end of all controversies before this Butcher-row of Judges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses they may and I hear do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
THE COMPLEAT HISTORY OF Independencie UPON THE PARLIAMENT Begun 1640. By CLEM. WALKER Esq Continued till this present year 1660. which fourth Part was never before published Horat. Spe Metuque procul LONDON Printed for Iohn Wiliams at the Crown in St. Paul's Church-yard 1661. RELATIONS AND OBSERVATIONS HISTORICAL and POLITICK upon the PARLIAMENT begun Anno Dom. 1640. Divided into II. Books 1. The Mystery of the two Junto's Presbyterian and Independent 2. The History of Independency c. TOGETHER WITH An APPENDIX touching the Proceedings of the Independent Faction in SCOTLAND POLIB Historici est Ne quid falsi audeat dicere Ne quid veri non audeat HORAT Spe metuque procul Printed in the Year 1648. To my dread Soveraign Royal Sir YOU have Drunk deep in the Cup of Affliction and we have all Pledged you it is wholsome though bitter but let us pray to God to remove this Cup in time for the dregs and lees are poyson You have learned by over-winding the strings of Authority how to tune the People of this Monarchy without breaking their Patience hereafter Most Princes desire unlimited power which is a Sail too great for any Vessel of Mortality to bear though it be never so well Ballasted with Justice Wisdome Moderation and Piety yet one flarb or other will endanger the over-setting it Those Commonwealths are most stable and pleasing where the State is so mixed that every man according to his degree and capacity hath some interest therein to content him The KING Sovereign Command and Power The Nobility and Gentry a derivative Authority and Magistracy and all enjoy their Laws Liberties and Properties God hath cursed him that removeth the Bound-marks of his neighbour this is a comprehensive curse Kings enlarging their Prerogatives beyond their limits are not excepted from it You may be pleas'd to take heed therefore of two sorts of men most likely to mis-lead you in this point Ambitious Lawyers who teach the Law to speak not what the Legislators meant but what you shall seem to desire To avoyd this snare suffer your Parliament to nominate 3. men for every Judges place out of which you may please to choose one as in pricking of Sheriffs For it is the people that are obnoxious to their wickedness you are above the reach of their malice The second sort is Parasitical Divines These Ear-wigs are alwayes hovering in Princes Courts hanging in their ears They take upon them to make Princes beholding to their violent wresting of the Text to bestow upon them whatever Prerogative the Kings of Juda or Israel used or usurped as if the judicials of Moses were appointed by God for all Common-wealths all Kings as a good Bishoprick or Living is fit for every Priest that can catch it These men having their best hopes of preferment from Princes make Divinity to be but Organon Politicum an instrument of Government and harden the hearts of Princes Pharaoh-like Kings delight to be tickled by such venerable warrantable flattery Sir you have more means to prefer them than other men therefore they apply themselves more to you than other men do Tu facis hunc Dominum te facit ille Deum The King makes the poor Priest a Lord and rather than he will be behind with the King in courtesie he will flatter him above the condition of a Mortal and make him a God Royal. Sir permit me to give you this Antidote against this poyson let an Act be past That all such Divines as either by Preaching Writing or discoursing shall advance your Prerogative and Power above the known Laws and Liberties of the Land forfeit all his Ecclesiastical preferments ipso facto and be incapable ever after and for ever banished your Court. But above all learn to trust in your Judgment Plus aliis de te quà m tu tibi credere noli God hath enabled you to remember things past to observe things present and by comparing them together to conjecture things to come which are the three parts of Wisdom that will much honor and advantage you God keep your Majesty so prayes Your humble Subject THEOPH VERAX To his Excellency Sir THOMAS FAIRFAX and the ARMY under his Command MY Lord and Gentlemen I have here by way of Preparation laid open to your view those Vlcers which you have undertaken to cure viz. The 2 Factions in Parliament Authors of Schismes and Divisions in the two Houses from whence they are derived to the whole Kingdome to the obstructing of justice and of the establishment of our Laws Rights Liberties and Peace the enslaving of the Parliament it self and the dilapidating of the Publick Treasure whereby the whole Kingdom may be enfranchised secured and united and the King and his Posterity setled in His due Rights which is the sum of all your undertakings in your many reiterated Papers I confess a Herculean labour and far beyond his clensing of the Augaean Stable That was performed by an Arm of flesh this cannot be effected without an extraordinary calling for ordinary calling thereto you have none and God seldome blesseth a man out of his calling and though an heroick heat and zeal may go far yet it will tire many miles on this side the work unless it be blown and inspired with divine breath And as Alchymists say of the Philosophers Stone so I of this work which is the Philosophers Stone in our English Politicks it cannot be effected but by a man of wonderfull and unspotted Integrity and Innocency free from all Fraud Self-seeking and Partiality In order to this great work you have already begun to sift and winnow the House of commons by charging 11 Presbyterian Grandees who if they be proved guilty must needs have their counterpanes equally faulty even to a syllable in the opposite Junto of Independents for when two factions shall conspire to toss keep up the golden ball of Government Profit Preferment between them neither can be innocent unless therefore you apply your corrosive to one Vlcer as well as the other you will never work a compleat cure nor will be free from scandal and appearance of faction or design that I may use your own words to weaken onely one party under the notion of unjust or oppressive that you may advance another more than your own Representation p. 6. sect 2. Besides it is observed that you speak but coldly to have the publick accounts of the Kingdom Stated putting it off with a wish only as if you did secretly fear what the Presbyterians openly say That the Independents are guilty of more Millions than their party your own words are p. 14. sect 7. We could wish the Kingdom might both be righted publickly satisfied in point of Accounts for the vast sums that have been Leavied as also for many other things c. But we are loath to press any thing that may lengthen dispute Are so many Millions to be cursorily passed over without dispute were they not the
the Army which if he can keep up he hopes to give the Law to all and to produce that great Chymaera Liberty of Conscience not considering that the confusion and licentiousnesse of such a liberty will destroy it self Libertas Libertate perit The Presbyterians have three Pillars to support them 1. The City is their cheif foundation with which they keep a strict correspondency and daily communication of Counsels Upon this consideration they have lately put the Parliament Purse into the Cities Pocket as aforesaid setled and inlarged the City Militia Whereas all the Countries of England being more obnoxious to injuries than the City suffer much for want of setling their Militia the Parliament not trusting them with arms so much as for their own defence An evident sign there is a farther design than disbanding this Army And because the City Militia can onely keep in awe the adjacent South and East Counties of the Kingdom therefore to suppress the remoter parts and inforce them to obedience they keep up some in-land Garrisons and have the Scots and G. Poyntz supernumerary forces for the North. And in the West under colour for sending men for Ireland they keep upon free quarter and pay of the Country many supernumerary Regiments and Troops most Cavaliers at least five times as many as they really intend to transport These are always going but never gone like St. George always in his saddle never on his way Something ever is and shall be wanting untill Sir Thomas Fairfax's Army be disbanded and then it is thought the disguise will fall off and these supernumeraries shall appear a new modelled Army under Presbyterian Commanders you may be sure and such whose Consciences shal not befool their wits where any matter of gain appeareth if this be not their aym why did they not disband those lewd supernumeraries before last Winter since they might have raised as many men the spring following for half the charge their very free quarters cost and most of these swear they will not go for Ireland vowing they wil cut the throats of the Round-heads The Country is amazed fearing these Cavaliers are kept on free quarter by a Cavaleerish party for some Cavaleerish design Secondly why did they not rather divide Sir Thomas Fairfax Army into two parts one to go for Ireland the other to stay in England being already modelled excellently disciplined and having the visible marks of Gods favour upon their actions But to take a few for Ireland a few for England and leave a Coar in the middle to be plucked forth and disbanded was the way to discontent them and put them into mutiny and thereby necessitate the Parliament to disband them all and give an opportunity to them that seek it to new modell another Army out of the aforesaid Supernumeraries more pliable to the desires of the Presbyrerian Junto adde hereunto the causelesse exasperating speeches and aspersions cast upon most of the Army purposely as moderate men think to discontent them Thirdly If they have no intent to keep up an Army against the People why have they continued the Military charge for another year and inlarged it from 52000 l. to 60000 l. a moneth Thus the City In-land Garrisons Presbyters and Supernumerary forces new modelled are like to prove the three-stringed whip wherewith the Presbyterian Phaetons will drive the triumphant Chariot if they prevail to which may be added the Presbyters themselves who by overawing mens Consciences with their Doctrine will subdue and work mens minds like wax to receive any impression of bondage that tyranny and oppression can set before them as they do in Scotland the Clergy in all times and places have ever held with the mighty as the Jaccal hunts still with the Lion to partake of his prey The Clergy have ever had an itch to be medling with State affairs which shews how contemptible an opinion they have of their own Coat that they can find no contentment in it yet they would have the Laity to have a reverend opinion of it the Popish Clergy draw all Civil Affairs publick and private under their jurisdiction and cognisance quatenus there is peccatum in all humane actions the Presbyterians quatenus there is scandalum in all human actions what is the odds Peccatum is the Mother Scandalum the Daughter and both pretend they do this in ordine ad Deum but universal experience teacheth us how miserable that Commonwealth is where the corruption of a Church-man proves the generation of a States-man The premises considered I shall propound these ensuing Quaeries to those that are of better judgement than my self 1. Quaere Why the title and punishment of Malignants is translated from the Cavaliers Quaeres upon the premises who fought for regal Tyranny against the Parliament and laid upon those that fought against regal Tyranny for the Parliament is it not because those Cavaliers that have fought for one Tyranny will not be scrupulous to fight for another and such wel-affected as have opposed Tyranny in one kind will not admit of it in another why is it now accounted a note of Malignity and disaffection to endeavour the putting down of Arbitrary Government and re-establishing our Laws Liberties and Properties whereto the Parliament by their many Declarations and their National Covenant are bound lay this to heart and consider whether they have not changed these their first Principles and consequently whether they are not desirous to change their old friends who resolutely adhere to the said Principles 2. If the King grant the Propositions or if he deny them and the Praedominant Junto or both Junto's joyned together to drive on one Common interest for it is now thought they are upon an accommodation to keep up that lower Conjunctim which they despair to uphold divisim establish the military and civil power without him according to their desires and in order to their ayms Quaere whether the said leading men setled in their posture with their confident guards about them may not draw after them so many of their party as upon an implicite faith will follow them and lick up the crums of the publick spoiles under their tables expelling or disabling as aforesaid the disingaged Members and by this policy make themselves perpetual Dictators incorporating and ingrossing to themselves both the Consultive Directive Ministerial power of the Kingdom in all causes Civil and Military setting up an Oligarchy or popular Tyranny instead of a Regal as the thirty Tyrants of Aâ—hens did In order whereto they already declare 1. That an Ordinance of Parliament without the Kings royal assent is equal to an Act of Parliament 2. That an Ordinance is a above a Law by virtue of their legislative power upon which presuming in their Ordinance of Indempnity they have granted an appeal from the Judges of the Law to a Committee of Parliament see the Ordinance May 21. 1647. 3. That they are the irrevocable Trustees of the peoples Lives Liberties
continued in pay for safety of this Kingdom and some of them to be sent for Ireland for which purpose they borrowed 200000 l. of the City being the same sum which disbanded the Scots and for the rest of their Arrears they were to have Debenters and Security without all exceptions such terms of advantage as no other disbanded Souldiers have had the like neither are these like to attain to again so that they have brought the Souldiers into a loss as well as into a labyrinth their continuing in arms without nay against lawful Authority being a manifest act of Treason and Rebellion and so it is looked upon by the whole Kingdom nor can the Parliaments subsequent Ordinances which all men know to be extorted by force as hereafter shall appear help them To the passing of this Ordinance Cromwels Protestation in the House with his hand upon his brest In the presence of Almighty God before whom he stood that he knew the Army would disband and lay down tbeir Arms at their door whensoever they should command them conduced much this was maliciously done of Cromwel to set the Army at a greater distance with the Presbyterian Party and bring them and the Independent party neerer together he knew the Army abominated nothing more than Disbanding and returning to their old Trades and would hate the Authors thereof 8. Agitators raised by Cromw And at the same time when he made these protests in the House he had his Agitators Spirits of his and his Son Ireton's conjuring up in the Army 9. The beginning of the project to purge the Houses though since conjured down by them without requital to animate them against the major part of the House under the notion of Royalists a Malignant party and Enemies to the Army to engage them against Disbanding and going for Ireland and to make a Traiterous Comment upon the said Ordinance 10. The Army put into mutiny against the Parliament wherby Cromwell monopolizeth the Army to demand an Act of Indemnity and relie upon the advice of Judge Jenkins for the validity of it and to insist upon many oâ—her high demands some private as Souldiers some publique as States-men Cromwell having thus by mutinying the Army against the Parliament made them his own and monopolized them as he did formerly his Brew-house at Ely which he might easily do 11. Cromwel's family in the Army having before-hand filled most of the chief Officers in the Army with his own kindred allyes and friends of whose numerous family 12. Cromwel and Ireton usurp Offices in the Army Lievt Col. Lilburn gives you a list in one of his Books he now flies to the Army doubting his practises discoverd he might be imprisoned where he and Ireton assuming Offices to themselves acted without Commission having not only been ousted by the self-denying Ordinance if it be of any power against the godly but also their several Commissions being then expired and Sir Thomas Fairfax having no authority to make General Officers as appears by his Commission if he make any account of it and therefore Sprig alias Nathaniel Fines in his Legend or Romance of this Army called Anglia Rediviva sets down two Letters sent from Sir Thomas Fairfax to the Speaker William Lenthal one to desire Cromwel's continuance in the Army another of thanks for so long forbearing him from the House see Ang. Red. p. 10 11 29. which needed not had he been an Officer of the Army And now both of them bare-faced and openly joyn with the Army at Newmarket in trayterous Engagements Declarations Remonstrances and Manifesto's and Petitions penn'd by Cromwel himself were sent to some Counties to be subscribed against supposed Obstructors of justice and Invaders of the Peoples Liberties in Parliament and the Army at Newmarket and Triplo-Heath prompted to cry justice justice against them and high and treasonable demands destructive to the fundamental priviledges of Parliament were publickly insisted upon many of which for quietnesse sake and out of compassion to bleeding Ireland were granted yet these restless spirits hurried on to further designs made one impudent demand beget another and when by Letters and otherwise they had promised That if their then present demands were granted they would there stop and acquiesce yet when they seemed to have done they had not done but deluded and evaded all hopes of Peace by mis-apprehension and mis-construction of the Parliaments concessions making the mis-interpretations of one grant the generation of another demand so that almost ever since the Parliament hath nothing else to do but encounter this Hydra and roll this stone Having thus debauched the Army Securing Oxford plundring the King from Holdenby he plotted in his own Chamber the securing the Garison Magazine and Train of Artilery at Oxford and surprizing the Kings person at Holdenby which by his Instrument Coronet Joyce with a commanded party of Horse he effected and when Joyce giving Cromwel an account of that action told him He had now the King in his power well replied Cromwel I have then the Parliament in my Pocket O insolent Slave O slavish English thus to suffer your King and Parliament together with your Wives and Children Religion Laws Liberties and Properties to be Captivated by so contemptible a Varlet If our Noble Ancestors who vindicated their Liberties and got Magna Charta by the Sword shall look down from Heaven and see their Posterity so cowardly resign them to a handfull of bloody cheating Shismaticks they will not own us but take us for Russian Slaves French Peasants and cry out that we are a Bastard brood Servi natura born for bondage yet afterwards having recourse to his usual familiarity with Almighty God Cromwel used his Name to protest his ignorance and innocence in that businesse both to the King and Parliament adding an execration upon his Wife and Children to his protestation yet Joyce is so free from punishment that he is since preferred and his Arrears paid by their means and though both Houses required the Army to send his Royal Person to Richmond to be there left in the hands of the Parliaments Commissioners whereby both Kingdoms might freely make addresses to him for they had formerly excluded and abused the Scots Commissioners contrary to the law of Nations and Votes of both Houses and yet then granted free access to the most desperate persons of the Kings Party yet they could obtain no better answer from these Rebellious Saints than That they desired no place might be proposed for his Majesties residence nearer London Manifesto of the Army June 27. 1647 than where they would allow the Quarters of the Army to be This was according to their old threats of marching up to London frequently used when any thing went contrary to their desires they knew what dangerous and troublesome guests we should find them here How much is this Army degenerated since Cromwel and his demure white-livered Son-in-law Ireton poysoned their
manners with new principles Anglia Rediviva p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving his Majesty who was minded to cast himself upon the Army but such was their faithfulness in that point that conceiving it derogatory to the honour and power of Parliament for his Majesty to wave that highest Court and address himself to any others and therefore inconsistent with their trust and duty being servants of the State they certified the Parliament thereof and understanding it to be against their sense also they absolutely refused to be tampered with Oh how faithful then how perfidious and Cromwellized are they now let their frequent tampering with the King and His Party to the amazement of the Kingdom and the abusing of the King testifie Read Putney Projects written by a considerable Officer of the Army and a friend to Cromwel though not to his false practices 14. Their project to keep the Parliament in Wardship Having thus gotten the King the first and most visible legal authority of England into their possession their next design is to get the Parliament the second legal authority of England into their power 15. Purging the Houses again This could not be effected but by purging the two Houses of Presbyterian Members especially the most active and such as had laboured their disbanding that an Independent Parliament and Army might govern the Kingdom In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army 16. Accusing the 11. Members a general and confused Charge of High Treasons and other mis-demeanours against eleven Members for things done for the most part in the House and many of the principal such as the House had long before examined and acquitted them of and such as the whole Kingdom knows Cromwel and Ireton to be apparently guilty of as Trucking with the King c. One cheif Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to pass Here you see where the shooe wrings them This Charge was not subscribed by any informer that ingaged to make it good or else to suffer punishment and make the House and the parties accused reparations as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but especially by 31. H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be and they professed in the 2. 3. 4. Article of their Charge That they were dis-obliged and discouraged from any further engagement in the Parliament service or Irelands preservation And demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge before particulars produced and proofs made Yet the Army which had now learned only to acquiesce in their own prudence and justice insolently threatned to march up to Westminster against the Parliament 17. Threats to march up to London in case the said 11 Members were not suspended and courted the City of London to sit Newters 18. London solicited to fit Newters and let them work their will with the Parliament The 11. impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to do After this the Army sent in their particular Charge and libellously published it in print by their own Authority To which the 11. Members sent in and published their Answer Upon which there hath been no prosecution because they pretend first to settle the Kingdom bâ—t if they stay till these fellows have either authority will or skill to settle the Kingdom they shall not need to make ready for their tryal till Dooms-day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not only accusers but parties Witnesses and Judges and carrying the Rules of Court and Laws by which they judge in their Scabards And the Charge of Impeachment such as all men know mutatis mutandis are more suitable to Cromwells and Iretons actions than the accused Parties If the proceeding in the Kings name against the 5 Members mentioned in The exact Collection part 1. p. 38. were Voted A Trayterous design against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nichols having the Speakers Passe and leave of the House Colonel Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his own house 19. The first occasion of quarrel against the City Whilst these things were acting Cromwel finding he could not have his will upon the Parliament but that he must make the City of London who had denied the neutrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in 20. Courting and cheating the Country and all other interest to lull them a sleep till the Grandees had wrought their will upon the City and Houses was dangerous he therefore by many Printed Books and Papers spread all England over by his Agitators and by some Journey-men Priests whose Pulpits are the best Juglers boxes to deceive the simple Absolom-like wooeth them to make loud Complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace Restorers of our Laws Liberties and Properties Setlers of Religion Preservers of all just interests pretended to settle the King in his just Rights and Prerogatives to uphold the Privileges of Parliament 21. Petitions to the Army and for the Army establish Religion to reform and bring to account all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all devouring Excise and other Taxes to redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdom and Ireland both by Sea and Land into their Hands and Vote against all opposite Forces But they are now become the only Protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other
within thirty miles of London 34. Members Engagement with the Army The Army to countenance their Rebellion draw the two Speakers and fugitive Members to sit in consultation and pass Votes promiscuously with the Council of War in the nature of a Parliament and to sign an Engagement dat 4. August to live and die with Sir Thomas Fairfax and the Army under his command affirming therein that generally throughout their sense agreeth with the Declaratitn of Sir Tho. Fairfax and his Council of War shewing the grounds of their present advance towards the City of London In which Declaration the Council of the Army take upon them to be supreme Judges over the Parliament Telling you who of the two Houses they hold for persons in whom the publick trust of the Kingdom remaineth and by whose advise they mean to govern themselves in managing the weighty affairs of the Kingdom They declare against the late choice of a new Speaker by some Gentlemen at Westminster And that as things now stand there is no free nor legal Parliament sitting being through the violence 26. July suspended That the Orders and Votes c. passed 29. July last and all such as shall passe in this assembly of some few Lords and Gentlemen at Westminster are void and null and ought not to be submitted unto Behold here not only a power without the Parliament Houses judging of the very essence of a Parliament and the validity of their resolutions but usurping to themselves a negative Voice which they deny to the King and yet a Schismatical faction in the 2 Houses complying with them and betraying and prostituting the very being Honour and all the fundamental rights and privileges of this and all future Parliaments to an Army of Rebels who refuse to obey their Masters and disband This Engagement so over-leavened the army that their brutish General sent forth Warrants to raise the Trained Bands of some Counties to march with him against the City and both Houses although Trained Bands are not under any pay of the Parliament and therefore not under command of the General by any Order or Ordinance But what will not a Fool in authority do when he is possessed by Knaves Miserable man His Foolery hath so long waited upon Cromwell's and Ireton's knavery 35. The City send Commissioners to the Army Fowks Gibs and Estweck by whom they are betrayed that it is not safe for him now to see his folly and throw by his Cap with a Bell and his Bable The Earl of Essex died so opportunely that many suspected his death was artificiall Yet the City were so desirous of Peace that they sent Commissioners sundry times to the Army to mediate an Accord Who could obtain no more equal terms of Agreement than that They should yeeld to desert both Houses and the impeached Members Call in their Declaration newly Printed and published Relinquish the Militia Deliver up all their Forts and Line of Communication to the Army together with the Tower of London and all the Magazines and arms therein Disband all their Forces Turn all the Reformadoes out of the Line Withdraw all their guards from the Houses Receive such Guards of Horse and Foot within the Line as the Army should appoint to guard the Houses Demolish their works suffer the whole Army to march in triumph through the City as Conquerours of it and the Parliament and as they often give out of the whole Kingdome tearms which they might have had from the great Turk had he sate down before them and broken ground All which was suddenly and dishonourably yeelded to and executed according by such an Army as was not able to fight with one half of the City had they been united But they are the Devils seed-men and have sown the Cockle of Heresies and Scism so abundantly in City and Country especially amongst the more beggarly sort that these men joyning Principles and interests with the Army weaken the hands of all opponents They often brag that they made a civil march free from Plunder I Answer they neither durst nor could do otherwise their Souldiers being ill armed and so few that they were not able to keep stands in the streets and keep the Avenues while their Fellows dispersed to Plunder Charles 8. with a far greater and more Victorious Host durst not offer violence to the far lessâ— City of Florence when Signior Capona put an affront upon him in the Town-house Bidding him beat his drums and he would ring their Bells 36. The fugitive Members returned Upon the 6. of August 1647. The General brought the fugitive Speakers and Members to the Houses with a strong Party who might have returned sooner without a Guard had not their own crimes and designs hindred them the two Palaces filled with armed guards double Files clean through Westminster hall up the stairs to the House of Commons and so through the Court of Requests to the Lords House and down stairs again into the old Palace The Souldiers looking scornfully upon many Members that had sat in the absence of the Speaker and threatning to cut some of their throats And all things composed to so ridiculous a terrour as if they would bespeak without speaking the absence of those Members that sat placed the Speakers in the Chairs without Vote out of which they had been justly Voted for deserting their calling where the General was placed in a Chair of State enough to make a fool of any man that was not fit for it and received special thanks for his service from both Speakers And in the second place a day of thanksgiving was appointed to God I think for his patience in not striking these Atheistical Saints with thunder and lightning for making him a stale to their premeditated villanies Here Sir Thomas Fairfax with a breath and before any man that was not privy to the design could recover out of his amazement was made Generalissimo of all the Forces and Forts of England and Wales to dispose of them at his pleasure Constable of the Tower of London The common Souldiers Voted one moneths gratuity besides their pay the Commons being in good case to give gifts before they pay debts left to the discretion of the General to set what Guards he pleased upon the two Houses Whereby you may perceive in what unequal condition those Members that did not run away with the Speaker do now sit after so many reiterated threats of the General against them in his printed Papers After this the General Lieutenant General 37. The Armies march in Triumph through the City with other subsequent Acts. Major General Skippon heretofore Waggoner to Sir Francis Pere and one that hath got well by serving the City and the whole Army with the Train of Artillery marched through London in so great pomp and Triumph as if they would have the People understand that the Authority of the Kingdom in whose hands soever it remains in these doubtfull times must
and legal way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most material He denied he was more frequent at their meetings than ordinary For his silence he alleged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and reprehensions in his Speech to them So the Recorder withdrew And presently Haslerig according to his custom moved judgment might be given against him To which was answered that the Recorder denied the principal parts of his Charge and offered proofs by Witnesses you must give him that leave or take all parts of his speech for granted as well that makes for him as against him Two or three days more will make this business ripe for judgment let him have one judgment for all If you judge him now to be expelled the House he is already fore judged and that will be a leading case to a farther judgment for who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation and shall never know when he hath sati fied the Law an endless vexation Yet Haslerig moved he might receive judgment now for what was already proved or confessed to be expelled the House saying The Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and farther impeached hereafter Against S John Maynard Sir John Maynnrd the same day was called to Answer He desired a copy of his Charge with leave to Answer in writing by advice of Counsel as the 11. Members formerly did to examine Witnesses on his part and cross examine their Witnesses But these requests were denied and he commanded to Answer ex tempore He gave no particular Answer but denied all in general as Col. Pride whom he cited for his president had formerly done at their Bar. He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary General Copley whose case differed little Against the 7. Lords The 8. of Sept. the Earls of Suffolk Lincoln Middlesex the Lords Berkley Willioughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for leavying War against the King Parliament and Kingdom The Earl of Pembroke then sent to Hampton Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelin the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rod and so the engaged Lords had their House to themselves according to their desires 50. Schismatical Petitions The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from the Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Ox fordshi Bucks Berksh was delivered to the House against divers Members sitting in the House Enemies to God and Godliness Enemies to the Kingdom c. Usurpers of Parliamentary authority who endeavoured to bring in the King upon his own Tearms They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of Tythes c. in it Such another Petition came but the day before from Southwark These Petitions were all penned by the engaged party of the Houses and Army The aym of these Petitions and sent abroad by Agitators to get subscriptions The design was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the ingaged party but 59. to expel the greater party being about 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army dayly recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the sea is the common Receptacle of all waters because those who had no hopes to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to Petition against Tythes Enclosures and Copy-hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the Land from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interlopping discourses omitted Against the Lord Major Aldermen and Citizens let us again return to these prodigious Impeachments The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor-general Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Commons Bar to see what they could say for themselves contrary to Magna Charta 29. ch and contrary to 28. Edw. 3. enacting That no man shall be put out of his Land c. nor taken nor Imprisoned c. or put to death c. without being brought to answer by due process of Law That is according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ oâ—iginal according to the old Law of the Land not according to new invented Articles of Impeachment but according to those Laws that were well known and old in Edw. 3. time See Stat. 37. Ed. 3. 1. Ed. 6. ch 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith No man shall be taken by Petition or suggestion made to the King or his Counsel c. and the House of Peers is no more but the Kings Counsel as anon I shall make evident 51. Arguments against impeachments before the Lords It was moved by divers that these Gent. might be tryed according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and Equals to judg of matter of fact alleging that the Common Law was the Birthright of all the free People of England which was one of the 3.
rich office of Register of the Chancery as a reward for his double diligence Oh Sergeant Wild and Mr. Steel despair not of a reward Friday 27 Sep. t the advice of Sir Thomas Fairfax and his Council of War was read in the House of Commons 55. Establishment for the Army What standing forces they ought to keep up in England and Wales and what Garrisons also what forces to send for Ireland namely for Ireland 6000 foot and 2400 horse out of the supernumerary loose forces being no part of the Army and for England upon established pay 18000 foot at 8 d. per diem 7200 horse at 2 s. per diem each Trooper 1000 Dragoons and 200 Fire locks Train of Artillery Arms and Ammunition to be supplied The foot to be kept in Garrisons yet so that 6000 may be readily drawn into the Field The Independent party argued that the Army were unwilling to go for Ireland pretending their engagement to the contrary If you divide or disband any part of your Army they will suspect you have taken up your old resolution against them to disband the whole Army it is now no time to discontent them when the Kings Answers to your Propositions tend to divide you and your Army and the people are generally disaffected to you The Presbyterian Party argued that the engagement of the Army ought to be no rule to the Counsels of the Parliament otherwise new engagements every day may prescribe the Parliament new Rules we must look two wayes 1 Upon the people unable to bear the burthen 2. Upon the Army Let us keep some power in our own hands and not descend so far below the dignity of a Parliament as to put all into the hands of the General and his Council of War You have almost given away all already The Army adviseth you to keep up your Garrisons then upon mature deliberation this House formerly Voted you have already made Garrisons manned with gallant and faithfull men to whom you owe Arrears to remove them and place new Souldiers in their rooms will neither please them nor the places wheâ—e they are quartered who being acquainted with their old guests will not willingly receive new in their rooms These men have done you as good and faithfull service as any in the Army and were ready to obey you and go for Ireland had they not been hindered by those who under pretence of an engagement to the contrary which they mutinously entred into will neither obey you nor go for Ireland nor suffer others to go Though you discharge these men without paying their Arrears which others of â—ther principles will not endure yet give them good words If you will be served by none but such as are of your new principles yet consider your Army are not all alike principled and peradventure the old principles may be as good as the new for publick though not so fit for private designs and purposes You have passed an Ordinance That none that have born Arms against the Parliament shall be imployed if you disband all such your Army will be very thin many have entred into pay there in order to do the King service and bring the Parliament low There is no reason you should keep up 1400 horse more than you last voted to keep up being but 5800 at which time 60000 l. a Month was thought an establishment sufficient both for England and Ireland But now the whole charge of England and Ireland will amount to 114000 l. a month which must be raised upon the people either directly and oâ—enly by way of sessement or indirectly and closely partly by sessements partly by free-quarter other devices nor will the pay of 2 s. per diem to each Trooper and 8 d. to each foot Souldier enable them to pay their quarters If you mean to govern by the Sword your Army is too little if by the Laws and justice of the Land and love of the people your Army is too great you can never pay them which will occasion mutinies in the Army and ruine to the Country Thus disputed the Presbyterians but to no purpose it was carried against them Observe that when the War was at the highest the monthly tax came but to 54000 l. yet had we then the Earl of Essex's Army Sir William Waller's My Lord of Denbigh's M. Gen. Poyntz's M. Gen. Massey's Maj. Gen. Laughorn's Sir William Brereton's Sir Th. Middleton's Brigades and other forces in the field besides Garrisons But now this Army hath 60000 l. a month 56. Monthly taxes and 20000 l. a month more pretended for Ireland which running all through the fingers of the Committee of the Army That Kingdom which is purposely kept in a starving condition to break the Lo. Inchequins Army 57. Ireland why kept in a starving condition that Ireland may be a receptacle for the Saints against England spews them forth hath nothing but the envy of it the sole benefit going to this Army This 20000 l. a month being a secret unknown to the common Souldiers the Grandees of the Army put it in their own purses Moreover this Army hath still a kind of free quarter under colour of lodging fire and candle for who sees not that these masterless guests upon that interest continued in our houses do and will become Masters of all the rest and who dares ask money for quarter of them or accept it when it is colourably offered without fear of farther harm besides the Army whose requests are now become Commands demanded that they might have the leavying of this Tax and that their accounts might be audited at the Head-quarters and though the Officers of this Army to catch the peoples affections encouraged them often to Petion the Houses against Free-quarter pretending they would forbear it after an establishment setled upon them the use their party in the House made of these Petitions was to move for an Addition of 20000 l. or 30000 l. a month and then they should pay their quarters lodging fire and candle nay stable-room too excepted Here it is not amiss to insert a word or two of this villanous oppression Free-quarter 58. Free-quarter whereby we are reduced to the condition of conquered Slaves no man being Master of his own Family but living like Bond-slaves in their own Houses under these Aegyptian Task-masters who are spies and intelligencers upon our words and deeds so that every mans table is become a snare to him In the third year of King CHARLS the Lords and Commons in their Petition of Right when not above 2000. or 3000. Souldiers were thinly quartered upon the people but for a month or two complained thereof to his Majesty as a great grievance contrary to the Laws and Customes of the Realm and humbly prayed as their right and Liberty according to the Laws and Statutes of this Kingdom that he would remove them and that his people might not be so burchened in time to come which his Majesty
the rest of the Propositions demanded without a Treaty The Bill for adjournment of both Houses to any other place c. 64. Bill for adjournment of the Parliament as well for Place as time will enable the engaged Party of the two Houses and Army to adjourn the two Houses from time to time to or near the Head-quarters of the Army where those Members that refuse to enter into the same Engagement shall neither sit with accommodation nor safety and so be shaken off at last this is a new way of purging the Houses Besides the Parliament following the motions of the Army the King shall follow the Parliament whereby the Army having both King and Parliament present with them whatsoever attempt shall be made against the Army shall be said to be against the safety and Authority of the King and Parliament and a legal Treason triable by Indictment not a constructive Treason only triable before the Lords Note this Message to the King plus significat quam loquitur though it holdeth forth but four Demands to open view yet it includes five for if the King passe these four Bils as Acts of Parliament either he must do it by his Personal Presence in the House of Peers or by His Commission under the Great Seal and so consequently must confirm the Parliaments Great Seal and all things done by it to the nullifying His own Great Seal at Oxford His personal presence they will not admit for though they pretended heretofore they toook up Arms to bring the King to his Parliament yet now they continue in Arms to keep Him from His Parliament lest the presence of the true Sun should obscure such Meteors and Ignes fatni as they are Though this may be Godly and Saint-like dealing yet it is not plain nor fair dealing latet anguis in herba there is Coloquintida nay death in the pot 65. The Kings answer debated Monday 3 Jan. the Kings Answer to the said Bils and Propositions was debated in the House of Commons And first Sir Thomas Wroth Jack-Pudding to Prideaux the Post-master had his cue to go high and feel the pulse of the House who spake to this purpose That Bedlam was appointed for madmen and Tophet for Kings that our Kings of late had carried themselves as if they were fit for no place but Bedlam that his humble motion should consist of three parts 1 To secure the King and keep him close in some inland Castle with sure guards 2 To draw up Articles of Impeachment against him 3 To lay him by and settle the Kingdom without him he cared not what form of Government they set up so it were not by Kings and Devils Ireton's speech Then Commissary Ireton seeming to speak the sense of the Army under the notion of many thousand Godly men who had ventured their lives to subdue their enemies said after this manner The King had denied safety and protection to his people by denying the four Bils that subjection to him was but in liers of his protection to his people this being denied they might well dâ—ny any more subjection to him and settle the Kingdom without him That it was now expected after so long patience they should shew their Resolution and not desert those valiant men who had engaged for them be ond all possibility of retreat and would never forsake the Parliament unless the Parliament forsook them first After some more debate when the House was ready for the question Cromwel's Speech Cromwel brought up the rear and giving an ample Character of the valour good affections and godliness of the Army argued That it was now expected the Parliament should govern and defend the Kingdom by their own power and resolutions and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardned That those men who had defended the Parliament from so many dangers with the expence of their Blood would defend them herein with fidelity and courage against all opposition Teach them not by neglecting your own and the Kingdoms safety in which their own is involved to think themselves betrayed and left hereafter to the rage and malice of an irreconcileable enemy whom they have subdued for your sake â—nd therefore are likely to finde His future Government of them insupportable and fuller of Revenge than Justice lest despaire teach them to seek their safety by some other means than adhering to you who will not stick to your selves and how destructive such a resolution in them will be to you all I tremble to think and leave you to judge Observe he laid his hand upon his Sword at the latter end of his speech that Sword that which by his side could not keep him from trembling when S. Philip Stapleton baffled him in the House of Commons This concluding Speech having something of menace in it was thought very prevalent with the House The first of the four questions being put 66. The 4 Bils for no addresses nor applications passed That the two Houses should make no more Addressâ—s nor Applications to the King the House of Commons was divided 141 yeas to 91 noes so it was carried in the Affirmative The other three Votes followed these Vote with facility See them in print Upon the last of these 4 Votes the House was divided and candles were Voted to be brought it only to tell the House yet contrary to the said Order when the candles were in they proceeded farther as followeth The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night 67. The Committee of Safety revived and then the doors were unlocked and what Members would suffered to go forth whereby many Presbyterians thinking the House had been upon rising departed when presently the House being grown thin the Vote to revive the Committee of both Kingdoms called the Committee of safety at Darby-house passed by Ordinance dated 3 Jan. 1647. in these words Resolved c. That the powers formerly granted by both Houses to the Committee of both Kingdoms viz. England and Scotland in relation to the two Kingdoms of England and Ireland be now granted and vested in the Members of both Houses onely that are of that Committee with power to them alone to put the same in execution The original Ordinance that first erected this Committee and to which this said Ordinance relates beareth date 7 February 1643. in which the English Committees were appointed from time to tiâ—e to propound to the Scotish Commissioners whatsoever they should receive in charge from both Houses and to â—ake report to both Houses to direct the managing of the War and to keep good correspondency with forein States and to receive directions from time to time from both Houses and to continue for three months and no longer But this Ordinance 3 January 1647. vests the said power in the Members thereof onely and alone words
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
survey his Actions but as if it were purposely done when the Commissioners came as far on their way as Bristol about a dozen renegado Officers of his Army met the Commissioners and turned them back again The said Officers posted up to the Parliament before the Commissioners and the 13 April were called in to the Commons Bar where they made a relation to the House to this purpose That the Lord Inchiquin having made an expedition into the County of Kerry upon his return sent for these Officers into his presence Chamber and told them He intended to declare against the Army and Independent party in England who kept the King and Parliament under a force that he would stand for the Liberty of the King and Parliament and a free Conference to settle Peace and that he expected all his Officers should joyn with him in so honourable an undertaking but should take an Oath of secrecy before he discover'd himself farther to them They Answered They could make no such Oath before they knew whether they might with a safe conscience keep it saying they would be true to the Parliament My Lord Inchiquin replied So have I and will be delude me not with ambiguous words do you mean this pretended Parliament telling them farther he had good correspondence with all the Presbyterians in Scotland and England as well in the Parliament as out of it that he doubted not to go through with his undertaking and if the worst hapned to make good conditions for himself and his party That he would make peace with my Lord Taff and that he knew the Independents in England were upon Treaty with Owen Roe Oneal who was a man of their humour and loved to keep all in combustion They refused to joyn he dismissed them for England The same day Letters from Capt. John Growthen Vice-Admiral of the Irish Seas from a shipboard were read in the House much to the same purpose though not so large wherein he said He had already blocked up all my Lord Inchiquin's Havens Presently Allen the Goldsmith moved 87. Allen the Gold-smith moveth to put the House to the touch by some Covenant Declaration c. That since the Lord Inchiquin had discovered that he had a correspondency with the Presbyterians in the House before they dealt with their Enemies without doors they should try who were their Enemies within doores by putting all men to some Covenant Engagement or Protestation c. And Lieutenant General Cromwell said That being to debate this business to morrow whosoever with crosse Arguments shall spin out the debate and so retard our prceedings by my consent shall be noted with a Black Coal to which was answered That this tended to take away freedom of debate which was the life of Parliaments and of all Councils and was destructive to the very being of Parliaments It is not amisse to insert here by way of digression what I formerly omitted Sir Henry Mildmay long since moved That 150 rich Guard Coats of the King might be sold for 800 l. to find Fire and Candle for the Souldiers in White-hall The question put The Speaker gave judgement the Yeas had it Mr. Edward Stephens declared the Noes had it They were unwilling to divide upon such a question but Mr. Stephens persisted and Robert Reynolds said aloud notice shall be taken of him for putting such a dishonour upon the House Upon the Division the Noes carried it by nine voices Thereupon complaint was made against Reynolds for attempting against the liberty of Voting but no redress But to return from my digression the next day 14 of April it was moved that my Lord Inchiquin's Son a Child of 8 or 9 years old going to School at Thistleworth might be secured in the Tower and kept for a Hostage To which was Answered That no man could take an Hostage without consent an Hostage must be given upon the publick faith upon some stipulation and must be so received by mutual agreement you cannot punish the child for the Fathers fault yet he was voted to the Tower and sent My Lord Inchinquin's Commission as President of Munster and General of the Army Voted void and no man to obey him himself Voted a Traitor yet no man examined upon Oath against him nor any man sent to take information of the businesse into Ireland and his professed enemy the Lord Lisle is to go General into Munster in his room and the said fugitive Officers all rewarded as if they had brought acceptable news This day Reynolds revived Allens motion for putting the Members to the Test by some Covenant Protestation or Declaration subscribed That this is a free Parliament and that they would live and die with this Parliament and Army To which was answered 1. That by Ordinance of both Houses all men were enjoyned to take the National Covenant This Covenant is the true Touch-stone of the Parliament and so agreed upon by the wisdom of both Nations yet many sit here who refuse to obey this Ordinance I know no reason therefore why any man should obey you in any other Ordinance of this Nature let us keep the old Covenant before we take any new 2. It hath been moved in the House that the Oathes of Justices of the Peace and Sheriffs might be taken away I hope you will not abolish legal Oathes and impose illegal Oathes This House hath not so much Authority as to administer an Oath much more to impose one you must allow to others that liberty of Conscience which you demand for your selves 3. Major Gray told you my Lord Inchiquin said he had correspondency with all the Presbyterians in the House who had made their peace with the King But my Lord Inchiquin told him farther the Independents were upon Treaty with Owen Roe and Oneal let them clear themselves of that imputation first before they give a purgation unto others otherwise what you do will savour of force 4. The true Touch-stone to try every mans integrity is to examine who have inriched themselves by the calamities of the times and your service and who are impoverished 5. This is a new device to purge the House The Grandees of the House have cantonized the Kingdom between them 88. The Counties compelled to give thanks to the Houses for their Votes against the King every man in his Division protecting the Country Committees and receiving tribute from them in recompence of their protection and Prideaux the Post master being King of the West Saxons his Vice-roy or Lord Deputy for the County of Somerset is that running Col. John Pyne who being often inspired with Sack rules the Committee and County by inspirations Pyne and his Peers of the Committee to please his superiours set on foot a draught of a Petition to be handed by the Country Giving thanks to the Parliament for the four Votes against the King and promising to live and die with the Parliament and Army and desiring the County might be freed from
Malignants Neuters and Apostates which in their interpretation signifies Presbyterians and moderate men who will not dance about the flame when the Independents make a Bonfire of the Common-wealth The Eastern Division of Somerset-shire rejected the Petition in the Western Division Pyne and his Committee sending abroad his Sequestrators with the Petition threatned to take them for Malignants and Sequester them that refused got many Subscriptions but the Subscribers since better informed of the danger and mischief of those Votes retracted what they had done by a counter Petition wherein they declare that their Subscription to the former Petition was contrary to their Judgement and Consciences and extorted by the terror of Sequestrators and threats of being Sequestred This affront stung the Committee and opened the eyes of the Country As the like foolish attempt of Sir Henry Mildmay did the eyes of the County of Essex Wherefore to find a Plaster for this broken pate Sergeant Wild he that hang'd Capt. Burly coming that Circuit care was taken to have a select Grand-Jury of Schismaticks and Sequestrators blended together who made a presentment subscribed by 19. of their hands which Sergeant Wild preserved in his pocket and upon Tuesday 18. April delivered with as much gravity as a set speech and a set ruffe could furnish him withall in the House of Commons and was read and hearkned unto by the thriving Godly with as much attention as pricking up of eares and turning up of eyes could demonstrate the Contents of this presentment were the same with the aforesaid revoked Petition Great care was taken to give thanks to the High Sheriff and Grand Jury who had so freely delivered the sence of that wel-affected County and as much care taken to improve this Talent and put it to interest throughout the Kingdom Collonel Purefoy is now at this work in Warwick-shire Sir Arthur Haslerig about Newcastle others in other places Pitifull Crutches to support a cripled reputation which now halts and begs for relief worse than their own maimed Souldiers do and with as bad success they have juggled themselves out of credit and would fain juggle themselves in again Behold the wisdom of our Grandees wise religious new-modelled Politicians who have brought themselves and the whole Kingdom into these deplorable contemptible straits take notice of your Representative you that are represented call them to a seasonable account But whither doth my zeal carry me I shall anon stumble upon a new fangled Treason to be declared against me without nay against Law 89. Mens tongues tied up by an Ordinance Friday 21. April An Ordinance was presented to the House intituled For suppressing all Tumults and insurrections the Committee of Safety at Derby House had before an ample power conferred upon them for that purpose but guilty consciences though they be safe are never secure like Cain they think that every man will slay them it was passed after some amendments to this purpose That any three Committee-men shall have Power to Imprison and Sequester all such as shall actually adhere to any that shall raise or endeavour to raise Tumults and Insurrections or shall speak or publish any thing reproachfull to the Parliament or their proceedings Behold here an excise amounting to the Value of all you have set upon every light word a man made an offender for a word to the utter ruine of him and his posterity under colour of defending Laws Liberties and Properties you are cheated of them all and reduced to meer and absolute slavery and beggery you are not Masters of your own carcasses yet your mouths are but toned up you must not be allowed that silly comfort of venting your griefs by way of complaint what Tyrant was ever so barbarous so indiscreet as to do the like It was moved that Offenders of this kind might be bound to the good behaviour and the offences proved openly at the Assizes or Sessions before so destructive a punishment be inflicted There are three principles in Law of which the Laws are very tender and will not suffer them to be touched but upon great Offences cleer proofs and exact formalities observed life liberty and estate by Magna Charta the Petition of Right and many other Statutes these principles are so sacred that nothing but the Law can meddle with them Nemo imprisonetur aut disseisietur nisi per legale judicium parium suorum You have made the people shed their money and blood abundantly pretending defence of Religion Laws and Liberties let them now at last being a time of peace enjoy what they have so dearly paid for and delay them not with a pretended necessity of your own making you now make all that is or can be neer and deer to them liable to the passions of three Committee-men to judge and execute according to their discretion without Law or so much as a formality thereof And yet both Houses of Parliament have often heretofore offered to abolish those Committees as men whose wickednesse and folly they and the whole Kingdom were ashamed of The Grandees of the Parliament and Army when the Houses are called and full have resolved to draw their forces neer about the Town and by that terrour to trie the temper of the Houses such Members as will not comply with them they will with fresh Charges purge out of the House and publish base and infamous scandals against them to which if they submit with silence they betray their reputations for ever and spare the credits of their jugling enemies If they make any defence for their honours by way of Apology they shall be brought within the compasse of this devouring inslaving Ordinance as men that reproach the Parliament and their Proceedings Thus the same whip shall hang over the shoulders of the Presbyterian party who will not agree to King-deposing Anarchy and Shism as it did formerly over the Kings party And the Presbyterians shall be squeesed into the Independents coffers as formerly the Kings party were so long as they had any thing to lose for the whole earth is little enough for these Saints who are never satisfied with money and blood although they never look towards Heaven but through the spectacles of this world The old elogium and Character of this English Nation was that they were Hilaris gens cui libera mens libera lingua But now Country-men your tongues are in the Stocks your bodies in every gaole your souls in the dark and estates in the mercy of those that have no mercy and at the discretions of those that have no discretion Farewell English liberty 90. The Kentish Committee-War In the Epistle to this book I have given you an account of the bloody Answer given to the Surrey Petitioners May 16. 1648. I must in the next place speak something of the Kentish Petition and of the Committee-war they raysed to oppose it which took his rising and beginning partly from the insolencies and oppressions of their tyrannical
deserted or never taken the Covenant to carry on new designs for their own advantage do now mis-apply the title of Malignant and Rebell to those which fight for the Covenant because they will not change their principles with them for Company And upon this ground onely were the four Aldermen seven Lords Sir John Maynard c. impeached and imprisoned onely for such actions as the Covenant which they took by authority of Parliament bound them in conscience unto and for which they had a special Ordinance of Parliament made this very Sessions and not to raise a new War as was scandalously and violently enforced upon them Had it come to a new War it must have been laid at their doores that subvert the Principles in the Covenant Many have taken the Covenant in obedience to you and are bound up by it and now to leave other men at large not to take it and accuse them of Treason for endeavouring to keep it is very unjust You have lately promised the Scots you will adhere to the Covenant How can they believe this unlesse you injoyn all to take it And so long as you put all the Arms Garrisons and ships of the Kingdom and all places of power profit and preferment into the hands of Schismaticks and Antimonarchists whose principles and actings run counter to the Covenant and such as talk much of your service but have done onely their own in order to which they refused to obey you and Disband ravished the King from you at Holdenby kept you in wardship ever-since and dishonoured and brought you low 〈◊〉 treasonable scandalous threatning Engagements Declarati◠〈◊〉 Remonstrances and other Papers But those that would have had the Covenant current could not get the question put 96. Oâ—burn's information concerning a design to murder the King See The Independents loyalty a Book so called Upon Saturday 17 June 1648 about one of the clock afternoon most of the House being gone to dinner and very few Presbyterians left the Speaker of the House of Commons stood up and told the House that he had received Letters from Richard Osburn he that projected to deliver the King out of the custody of Colonel Hammond at Carisbrook-Castle that he conceived the Letters tended only to the setting of us altogether by the Ears and propounded whether they should be read or no some were against the reading of them but the Major part called to have them read which was doâ—e accordingly The Letter to the said Speaker had a copy of another Letter enclosed in it to the Lord Wharton which bore date 1 June 1648. to this purpose Giving his Lordship to understand That upon private conference with Captain ROLF a man very intimate with Colonel Hammond and high in the esteem of the Army the said Captain Rolf told him the said Osburn that to his knowledge Hammond had received several Letters from the Army advising him to remove the KING out of the way by Poyson or any other means for it would much conduce to their affairs But said Rolf Hammond had a good allowance for keeping the KING and is therefore unwilling to lose so beneficial an imployment But saith Rolf if you will joyn with me we will endeavour to convey away the KING to some secret place and we may then do what we will with Him Osburn offers in his said Letter That if he may come and go with safety he would come and justifie the same upon Oath He likewise writ to the Speaker of the Lords House about it Then was read Osburn's Letter to Mr. Lenthall Speaker dated 10. June 1648. containing the same Narration with an offer to appear and make it good upon Oath if he might come and go with safety and freedom The Clerk had no sooner done reading this Letter but with a slight neglect and the laughter of some Members the businesse was passed over without debate and Mr. Scawen stood up to propound a new businesse from the Army when presently Mr. Walker interrupting Scawen desired to speak a 〈◊〉 to the late businesse and asked Mr. Speaker from whence 〈◊〉 Letter came and who brought it the Speaker called upon the Sergeant of the Mace who Answered The Letter was given him at the door by a man that he knew not that he had many Letters and Papers thrust upon him of which he could give no account but he would endeavour to find the Messenger Then Mr. Walker urged that such an information coming to the House ought not to be neglected whether true or false but to be examined and sifted to the bottom If the KING should die a naturall death or any mischance befall him the People calling to mind how little care we had taken of his safety would never be satisfied with our protestation and moved that a Committee might be named to examine Osburn Rolf Hammond and such others whose names should occur in the Examination This was seconded by Sir Simond Dewes Mr. Henry Hungerford Mr. Edward Stevens and some others who pressed it farther but received a slight Answer That those that desired to examine the businesse knew not where to find Osburn That Osburn was a Malignant and had attempted to set the KING at liberty To which Mr. Walker replied That the other day we had named a Committee to examine the businesse concerning the Foot-boy that strook Sir Henry Mildmay and yet we neither knew then where to find the Foot-boy or what his name was If we do but publish that Osburn shall with freedom and safety come and go in case he appear to make good his Charge either he will appear or we shall declare him an Impostor and punish him when we take him and clear the reputation of those upon whom this Letter seems to reflect Consider how vast a difference there is between beating a Subject and Killing a King And if Osburn whom I know not be a Malignant yet unlesse you can prove him a Nullifidian or a person convict of Perjury both according to the Rules of Christian Charity and in the charitable intendment of our Laws his Oath is valid and good Then Tho. Scot stood up and said That this pressing for a Committee to examine this businesse was but a device to draw Colonel Hammond and Rolf up to Town to be examined that the KING might the easier make an escape And Sir John Evelin of Wilts alleged that he conceived this was an invention of Osburns to bring the King to Town with Honour Freedom and Safety Then Walker stood up again but was interrupted by Master Hill and not suffered to speak having already spoken twice At the end of almost every motion made for a Committee to examine the businesse either Mr. Scawen or Major General Skippon stood up and offered to divert the businesse by new matter concerning the Army which usually beareth all other businesses down before it At last those few that moved for an Examination of this Information having spoken as often as the
of one and the same desperate way of cure may joyntly have the same friends and foes and the same sins and quarrels to defend 8. Friday 16 June 1648. I was told the Committee of Derby house had lately received a Letter from Col. Hammond Governour of Carisbrook Castle informing them That unlesse they supplied him with Mony and Men he could give no good account of the King in case the Revolted ships should attempt his rescue and farther That he had matters of great importance to communicate to them but durst not commit them to Paper but if they would send for him up or send a Confident of theirs to him he would impart them This may probably be the businesse whereof Osburne gives information in his said Letters and it may be Mr. Walker had heard of this report in the Hall as well as my self and might have the same conceit of it that I have if it be lawfull for me to take measure of another mans judgement by my own 9. Lastly who knows whether a powerfull desperate party may have a design to take away the Kings life and then declare his two eldest Sons uncapable of Government supposing they deserted the Kingdom and invited forreign States to invade it and then Crown the Duke of Gloucester and so abusing his tender years usurp the protection of him and under colour of that authority establish by degrees their own usurpation and the peoples slavery having subdued their spirits by a long and customary bondage under them and having filled all places of power profit and preferment in the Kingdom with men of their own principles and Interests their own creatures and Confidents This Army last April in their Council amongst other things debated The Deposing of the KING why not murdering as well since few Kings are deposed and not murdered Dis-inheriting the PRINCE and Crowning the DVKE of YORK which was then approved of by Cromwell and Ireton Why may they not now dis-inherit both the elder Sons and Crown the Duke of Gloucester as well See the excellent Remonstrance of the Colchester Knights and Gentlemen 1648. which I have Printed herewith for your satisfaction That some such design might be to make away the KING and dis-inherit the PRINCE may well be suspected because the 12. day of July upon information That the Prince had sent into England some Blank Commissions to List men Weaver an Implement of the Army and Son to an Ale-house-keeper in Wilish moved the House of Commons to Vote the Prince a Traytor c. And I hear that Mr. Solicitor contrary to his Oath and duty of his place refuseth to be of Council against the said Rolf this Gentleman the Solicitor hath got above 300000 l. by keeping open shop to sell the cruell mercies of the new Great Seal to the Royalists 97. Trinity-house Petition for a Personal Treaty The 29. June A Petition was delivered the House of Commons from the Masters of Trinity-house Masters and Captains of Ships and Sea-men for a Personal Treaty with the KING declaring the great decay of trade to the undoing of many thousand families and that they would not fight against the revolted ships their Brethren who desired but the same things with thâ—â— Tho. Scot said That the Surrey-men first delivered a Petition for a Personal Treaty which was seconded by the Kentish-men in Armes and they by the City of London that all this was a design to ruine the Godly party That he had read of a Man who being asked when he was young Why he did not marry Answered It was too soon and being asked the same question when he was old Answered it was too late So he was of opinion there could be no time seasonable for a personal Treaty or a Peace with so perfidious and implacable a Prince but it would always be too soon or too late He that draws his sword upon his King must throw his Scabbard into the fire All peace with him will prove the spoil of the Godly To which was Answered That some men got well by fishing in troubled waters and accounted peace their spoil because war was their gain and they looked upon a Personal Treaty as a design against them under the notion of the Godly Honest Confiding party because a Personal Treaty was the high way to peace But the generality of the people who were despoyled of their Estates by the War resolved upon a Personal Treaty without which there is no hope of Peace they would no longer be made fuel to that fire wherein these Salamanders live nor any longer feed those Horse-leeches the Army their engaged party and Servants with their blood and marrow It now appears who desire a new War namely those Zealots who supply their indigent fortunes by War These men fear peace doubting they shall be forced to disgorge what they have swallowed in time of War Ven Miles Corbet Hill the petty Lawyer of Haberdashers hall the two Ashes Col. Harvy and many other thriving Saints opposed a Personal Treaty so their Petition had no successe I hear that not many days after the Committee of Derby house to take off this affront imployed Col. Rainsborough the quondam Neptune of our Seas to go up and down and solicit the Common sort of Marriners to subscribe and present the House of Commons with a counter Petition wherein they offered to live and die with the Parliament c. and that Rainsborough gave 12 d. a piece to as many as subscribed it This Petition was delivered The 2 of July 98. The City Petitions for a personal Treaty and after that upon occasion of the City Petition for a Personal Treaty in London upon the 5 of July the House of Commons again took into debate a Personal Treaty They spent much time upon the place where 1. Whether in the Isle of Wight which the Independents principally affected 2. Holdenby which they next inclined unto 3. Or any his Houses not nearer than 10 miles of London at his own choice 4. Or in the City of London Which two last places the Presbyterians approved of but chiefly London for London it was argued That the Common Council and Officers of the Souldiery would undertake for His safety against all Tumults In any other place he would be within the power of the Army who might probably take him away again as they did at Holdenby if they liked not the manner and matter of the Treaty London was a place of most Honor Safety and Freedom and would best satisfie the KING the Scots the people In all other places especially the Isle of Wight He would be still a prisoner to the Army and therefore all he should agree to would be void by reason of Dures Sergeant Wylde Answered That Custodia did not always in Law signifie Imprisonment Though He was under restraint of the Army He was not in Prison making a wyld kind of nonsense difference between Restraint and Legal Imprisonment which all but himself laughed at
The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
himself and moderate his Actions the Army looking upon him as their onely Enemy and Opponent in the City lest they should seize upon him and carry him away or do him some other mischief This is conceived to be an Independent mouse-trap set up to catch a Presbyterian in for if the Major General had not discovered the said Letter and it had been found about him or in his House or if it had been testified that such a Letter was left at his house and concealed here had been matter enough for an Impeachment against him 104. Correspondency with Card. Mazerini The Grandees of Derby house and the Army solicit the detaining of the PRINCE in France and the delaying of his journey for England lest he trouble the yet unsetled Kingdom of the Saints To negotiate which they have an Agent lying Lieger with Cardinal Mazarini the great French instrument of State who is so well supplied with Money and so open handed That it hath been heard from Mazarin's own mouth That all the money the Queen and Prince hath cost the Crown of France hath come out of the Parliament Purse with a good advantage It is likewise said Mazarini hath an Agent here to drive on the Interests of France in England The Grandees in reference to the pulling down of Monarchy 105. Doleman's Antimonarchical Book printed and the establishing of their Olygarchy or Tyranny contrary to their Remonstrances Declarations the National Covenant and their late Vote That they would not alter the ancient form of Government by King Lords and Commons have caused the Book written by Parsons the Jesuit 1524 under the feigned Name of Doleman and called A Conference about the succession of the Crown to be published under the Title of Several Speeches delivered at a Conference concerning the power of Parliaments to proceed against their Kings for mis-government Parsons had made this Book a Dialogue these Men have made it into Speeches The Arguments and Presidents are meerly the same you see they can joyn Interests with France Doctrine with the Jesuits to carry on their design See the Conclusions 15 16 17. and reduce us to the condition of French Peasants or Slaves under the Kingdom of the Saints Doleman's Book was condemned by Act of Parliament 35 Eliz. But what care the Grandees for Acts of Parliament having fooled the people into a belief That both the Legislative and Judicative power is in the two Houses of Parliament without the King and that an over-powering party or Junto in the two Houses complying with an Army to keep the rest under force and awe is the Parliament 106. The Legislative Judicative power and the Militia where they reside See the Conclusions 15 16 17. The Parliament consisteth of 3 Estates 1. The King whom the Law calleth Principium Caput finis Parliamenti and therefore he only can Call He only can Dissolve a Parliament and is himself called and chosen by none being primus motor that animates all 2. The Lords who have their creation and vocation only from the Kings bounty 3. The Commons who have their summons onely from the Kings Writ though their election from the people and in that respect only the people being too diffused a Body to be Assembled they have something of Representation in them being the Epitome of the People These 3 Estates concurring have power to make news Laws to change or repeal old Lawes and in some doubtfull cases rarely hapning which the Judges dare not venture upon they have power to interpret the Laws This is a wise and politick constitution for if any one or any two of the said three Estates should make new Laws Change Repeal or Interpret old Laws arbitrarily and at pleasure without mutual agreement of all the three Estates it were in the power of that one or two to enslave the other Estate or Estates so omitted Besides the Law doth not favour the making of new Laws nor the changing and repealing of old Laws being an innovation that stirs too many humors in a body politick and indangers its health and brings contempt upon the Laws Leges priusquam latae sunt perpendendae quando latae sunt obediendae saith Arist Pol. But though all 3 Estates must assent to the making altering or repealing a Law yet any one of the 3 Estates hath a Negative Voice and may dissent from such making 2 H. 5. 4. H. 7. c. 18. 12. H. 7. c. 20. 1 Ja. c. 1. 2 Ch. c. 1. altering or repealing to avoid innovation as abovesaid How then can the two Houses of Parliament exercise the Legislative power and make change or repeal any Law by Ordinance without the King the first Estate and head of the Parliament and so deprive Him of His Negative Voice and the people of their Laws Liberties and Estates contrary to 9 H. 3. Magna Charta 1 part Instit sect 234. in fine 7. H. 7. 14. especially when this very Parliament declares in the Exact Col. 1 part p. 727. That the King hath a Negative Voice and that Bils are not Laws or Acts of Parliament without the Kings assent consequently nor Ordinances And as the two Houses take upon them the Legislative power without the King so in the case of the 4 Aldermen and Sir John Maynard they usurped a Judicative Power in case of Treason tryable in the Kings Bench yet it is most certain that when the 3 Estates in Parliament have passed any Act their power determines as to that Act and then the Authority of the Judges begins which is Judicative whose Office is upon cases brought before them to determine whether that Act be binding or no for Acts of Parliament against common right Repugnant or Impossible are Void Cook 8. f. 118. Dr. and Student l. 1. c. 6. and to expound the meaning and signification of the words of such Act. If therefore the 2. Houses usurp the Legislative and Judicative power or the Militia otherwise than hath been by the fundamental constitution of this Monarchy and the practice of all ages accustomed the Grandees of the two Houses and Army seem to lay claim to them all by the Sword for in the late Declaration against the Scots Papers p. 64. they say That they engaged in this war upon these principles viz. To keep the Legislative power and the exercise of the Militia without and against the Kings consent and p. 63. ibidem the Members tell us that in all matters concerning Church or State we have no judge upon Earth but themselves It follows then the Grandees do it to subvert the ancient Government Laws and Liberties of this Nation and establish a Military Olygarchy or the Kingdom of the Saints over us in themselves In order to which design they have put all things out of order and turned them upside down nay they have crucified the whole Kingdom with Saint Peters Crucifixion the head downwards and the Heels upwards When this King went into Scotland He compared the
Common-wealth to a Watch which they had taken in pieces and advised them to keep every piece and pin safe and put all in their right places again but now all the principal pieces are either broken or lost God grant them to number their houres better hereafter and to cloze well with our Master Work-man for though this Kingdom hath alwaies been Ruled by King Lords and Commons yet by the KING architectonicè and by the other Two organicè the King as the Architect the Lords and Commons as His Instruments each in his proper sphere of Activity without interfering and till this again come in use look for no peace The Independent Grandees of the Parliament and Army are much offended with the City and their adherents 107. The Armies Aspect upon the City and personal Treaty in Petitioning for a Personal Treaty with the King and give out That when they have done with Colchester they will humble the City and bring it to better obedience for which purpose they have already taken all the Block-houses upon the River East of the City Windsor-Castle West of the City and are now fortifying Gyddy-tall neer Rumford in Essex South from the City the like they intend at Hampton Court and to build a Fort upon the Isle of Dogs to keep under the Sea-men whereby possessing the principall ways and Avenues to the City they shall neither feed nor Trade but at the discretion of the Army In the mean time the Cities desires of a Personal Treaty are delayed and made frustrate by a tedious Conference between a Committee of Parliament and a Committee of Common-Council And Counter-Petitions against a Personal Treaty are sent about by Alderman Gybs Foukes Estwicke Wollaston Andrewes Nye the Independent Priest and others who hold rich Offices by favour of the Grandees to be subscribed even by Apprentice Boyes whereby it appears the Independents have no intent to make peace with the King but to engage in a new War thereby to contiune their Army and our Slavery The yearly Income they raise upon the people under colour of this War besides the Kings Revenue Sequestrations and Compositions amounts to three Millions sterling per annum being six times as much as ever the most greedy and burdensom of our Kings raised where our Stewards hide these our Talents publick Debts and Arrears being unpaid were worth finding out if any but the Devil could give an Account thereof But this is an unsoundable Gulf here my plumb-line faileth me 108. Major Gen. Skippon's complaint The 10. of July Major General Skippon complained in the House of Commons of a printed Paper called A Motive to all loyal Subjects to endeavour the preservation of his Majasties Person wherein he pretended he was falsly and scandalously slandered for speaking some words in the House to divert the Examination of Mr. Osborn's Charge against Rolf. The House that is the Independents were as diligent to become his Compurgators and vindicate his credit by passing and Printing 5. Votes for him as they had formerly been to ruine the KING'S Honour by passing a Declaration against Him This fellow Skippon was heretofore Waggoner in the Low-Countries to Sir Francis Vere after that came over into England a poor forlorn Commander and obtained of the King his Letters of Commendation to keep a kinde of Fencing School in the City Military yard and teach the Citizens the postures of the Pike and Musket and Train them where he wore the mask of Religion so handsomly that he soon insinuated into their favours and found them very bountifull Patrons to him there he got his fat belly and full purse from the City he became Major Generall to the new-modelled Army and observing some discontents arising between the City and Army and being willing to keep two strings to his bow that he might uphold his credit with the City he voluntarily submitted himself to some affronts purposely and politickly put upon him in the Army and yet that the Army might understand him to be their creature he marched with the Army in their Triumph through the City still carrying himself as a moderate reconciling man and sweetning the insolencies of the Army by making milde and fair interpretations of their Actions yet still so much magnified the power of the Army as if he would perswade the City they were beholding to the Army for making no worse use of their strength against them Thus as many other moderate prudential men do he lay a good while undescried in the bosome of the City and there as a Spie and Intelligencer kept Centry for the Army untill such time as the City petitioning the Commons for restoring of their own Militia to them again the Council of the Army to mock them with an uneffectuall Militia by their engaged party in the House and the Committee of Derby-house of which Cabal Skippon is one caused their confiding man Skippon not only to be named of the Committee of the Militia although no Citizen but to be obtruded upon the City as their Major General Commander in Chief of all their Forces without whom nothing is to be acted This being resented and opposed as contrary to the Cities Charter and Liberties Skippon found he was discovered and then taking advantage of the Earle of Holland's going forth into Arms upon a Report from the Committee of Derby-house the Commons ordered that a Party of Horse should be raised and listed under Skippon Skippon by vertue of this Order granted Commissions to divers schismaticall Apprentices to raise men underhand and authorized the said Commissioned Apprentices to grant Sub-commmissions again to other Apprentices under them for the like purpose This was pretended to prevent Tumults and Insurrections but indeed it was to joyne with the Independent party of the City and the army when they have done their work at Colchester in purging the Presbyterians out of the Common-Council and Parliament in reference whereto the Army have resolved not to march Northwards against the Scots untill they have brought this City to more absolute obedience or laid it in the dust according to Cromwel's advice as a preparative to which design the prevailing party in the House Yet they knew they came in by Authority of the Parl. of Scotland July 15. hand over head Voted All such Scots as are come into England in hostile manner without consent of both Houses of Parliament of England Enemies to the State and all such English as do or shall adhere to aid or assist them Traitors and the next day following Weaver oâ—enly in the House affirmed that the Scotish design of D. Hamilton the Colchester design and that of the Earl of Holland were all begun and carried on in the City of London to which Ven the two Ashes Harvy Scot Miles Corbet Blackstone Sir Peter Wentworth and others gave applause loe here a foundation laid for a new Charge against the City when the Army are at leasure to make use of it This Hypocrite
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
say farther that other things of main importance for the good of this Kingdom are in Proposition c. which yet before the end of this Session they hope may receive some progresse and perfection As the establishing and ordering the Kings Revenue c. The Regulating of Courts of Justice and the abridging both the delaies and Charges of Law Sutes c. Preventing the exportation of Gold and Silver and the inequality of Exchanges between this and other Kingdoms improving the Herring fishing upon our Coasts c. which things in all their Propositions and Addresses to the King have not been once mentioned nor any thing else but what makes for the profit preferment and power of a few ambitious Grandees of the Parliament and Army in order to which they demand the Militia of a standing Army with an arbitrary power to raise what Forces by Land and Sea consisting of what persons and to raise what sums of Money out of every mans Estate they please which power the King hath not to give neither did He nor His Ancestors ever exercise the only Militia they used having been either the Posse Commitatus under the Sheriffs which is very legal and antient or the Militia of Trained Bands under Lord Lieutenants and their Deputy Lieutenants which is a new invention Nor did the policy of our Law ever trust the power of the Sword and the Purse in one hand for fear of enslaving the People Ex. Col. p. 19. They farther declare That it is far from their purpose or desire to let loose the Golden reins of Discipline and Government in the Church to have private persons or particular Congregations to take up what form of Divine Service they please because they hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn Ex. Col. p. 203. They farther say there That the gracious favour His Majesty expressed in the Bill for continuance of this Parliament and the advantage and security which they thereby have from being Dissolved shall not encourage them to do any thing which otherwise had not been fit to have been done Ex. Col. p. 281. They conclude the said Declaration thus That they doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion The Kings just Prerogatives The Laws and Liberties of the Land and the Privileges of Parliament in which indeavours by the Grace of God they would still persist though they should perish in the work Ex. Col. p. 376. In their Declaration 4. June 1642. The Lords and Commons do declare That the Design of their Propositions for Plate and Money is To maintain the Protestant Religion the King's Authority and Person in his Royal Dignity The free Course of Justice The Laws of the Land what then becomes of Martial Law and Committee Law The Peace of the Kingdom and Privileges of Parliament In their Propositions for bringing in Money and Plate Ex. Col. p. 340. 10. June 1642. the Lords and Commons declare That no mans affections shall be measured according to the proportion of his offer so that he express his good will to the Service in any proportion whatsoever that is so that he ingage with them yet notwithstanding the 29. Novemb following Ex. Col. p. 765. the same Lords and Commons appointed a Committee of 6. persons who should have power to Assess all such persons as were of ability and had not Contributed and such as had Contributed yet not according to their ability which is now looked upon as a Malignancy to pay such sums of Money according to their Estates as the Assessors or any of them should think fit so as the same exceeded not the 20. part of their Estates The power is still exercised by all Country Committees to a 5. and 20. part charged upon all men even such as have been destroyed and undon or laid forth themselves beyond their abilities for their service to this Parliament In the National Covenant taken by this Parliament and by them imposed upon the Kingdom to be taken with hands lifted up to the most High God the Lords and Commons vow To maintain the King's Person Crown and Dignity in Defence of Religion Laws and Liberties c. To suppress all Errors Heresies Blasphemies and Schisms and to defend one another mutually in the same work with their lives and fortunes yet is the same Covenant now cast aside and called An Almanack out of date Many men have been punished for attempting to keep it And I hear the House of Commons are now upon passing an Ordinance for Martial Law to be executed in London upon all such persons as having taken the said Covenant shall attempt or design any thing against the Parliament or City of London what is this but to impose a special penalty upon such as have taken the Covenant and leave those that have not taken it free And who doubts but that the said Council of War shall consist of Anti-monarchical Schismaticks and Anti-covenanters for the most part who shall stretch every word to the utmost extent And this is now in brewing contrary to the Petition of Right 3. Caroli Magna Charta no considerable enemy being in the Field and the Courts of Justice in Westminster hall sitting nay I hear like Janus Bifrons this Law if I do not mis-call it looks backwards to Acts past as well as forward contrary to the nature of all Laws which have an admonishing power to warn men of the evil to come before they can have a punishing power for evils passed Therefore the Apostle saith Sin is a breach of a Commandement or Law I had not known Sin but by the Law The Law therefore must be previous to the Sin How the said Promises and Covenant and many more have been kept let the world judge What the Promises Undertakings and Proposals of the Army have been in order to setling the peace of the people of this Kingdom and of the King 's just Rights and Prerogatives and their own Disbanding are to be found in their many printed Papers which I will here omit because they had no lawfull calling or warrant for such undertakings and how they have been prosecuted and perfomed is obvious to every capacity General Conclusion Out of these Premises I shall draw these Conclusions following 1. The Grandees have subverted the fundamental Government of the Kingdom and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the Mysteries and secrets of Government both by Kings and Parliaments before the vulgar like Pearl before Swine and have taught both the Souldiery and People to look so far into them as to ravel back all Governments to the first principles of nature He that shakes Fundamentals means to take down the Fabrick Nor have
they been careful to save the materials for Posterity What these negative Statists will set up in the room of these ruined buildings doth not appear only I will say They have made the People thereby so curious and so arrogant that they will never find humility enough to submit to a civil rule their aim therefore from the beginning was to rule them by the power of the Sword a military Aristocracy or Oligarchy as now they do Amongst the ancient Romans Tentare arcana Imperii to prophane the Mysteries of State was Treason because there can be no form of Government without its proper Mysteries which are no longer Mysteries than while they are concealed Ignorance and Admiration arising from Ignorance are the Parents of civil devotion and obedience though not of Theological 2. Nor have these Grandees and their party in the Synod 2. They have subverted the Church dealt more kindly with the Church than with the Common-wealth whose reverend myâ—teries their Pulpits and holy Sacraments and all the functions of the Ministery are by their connivence profaned by the clouted shoe the basest and lowest of the People making themselves Priests and with a blind distempered zeal Preaching such Doctrine as their private spirits spirits of illusion dictate to them But let them know that their burning zeal without knowledge is like Hell fire without light The Sacrament of the Lords Supper discontinued and why Yet the greatest wonder of all is That they suffer the Lords supper that Sacrament of Corroboration to be so much neglected in almost all the Churches in the Kingdom Is it because men usually before they receive our Saviour that blessed guest sweep the house clean casting out of their hearts those living Temples of the holy Ghost Pride Ambition Covetousnesse Envy Hatred Malice and all other unclean Spirits to make fit room to entertain Jesus that Prince of Peace whereby the people having their minds prepared for Peace Charity and Reconciliation may happily spoil the trade of our Grandees who can no longer maintain their usurped dominion over them than they can keep them dis-united with quarrels and feuds and uphold those badges of factions and tearms of distinctions and separations Cavaliers Roundheads Malignants Well-affected Presbyterians and Independents or is it because they fear if the Church were setled in peace and unity it would be a mean to unite the Common-wealth as a quiet cheerfull mind often cureth a distempered body I will not take upon me to judge another mans Servant but many suspect this is done out of design not out of peevishnesse 3. That these Grandees govern by power not by love 3. The Grandees rule by the arbitrary power of the Sword not by the Lawes and the Laws of the Land which was my last assertion appears by 1. The many Garrisons they keep up and numerous Army they keep in pay to over-power the whole Kingdom more than at first the Parliament Voted all in the hands of Sectaries 2. Their compelling the Parliament to put the the whole Militia of England and Ireland by Land and by Sea in the power of Sir Thomas Fairfax and their party together with all Garrisons 3. Nor do they think the Laws of the Land extensive enough for their purposes therefore they piece them out with Arbitrary Ordinances impeachments before the Lords and Marshall Law which is now grown to that height that the Council of War General and Judge advocate of the Army do usually send forth Injunctions to stay Sutes and release judgements at Law or else to attend the Council of War wheresoever they sit to shew cause to the contrary and when Lieutenant Colonel Lilburn was ordered to be brought to the Kings-Bench-Bar upon his habeas Corpus Easter Term 1648. Cromwel sent word to the Lieutenant of the Tower not to bring him and Cromwel was obeyed not the Judges Thus the Laws of the Land are daily baffled that men may be accustomed to arbitrary Government and those actions which no Law of the Land calls a Crime may be interpreted Treason when our Grandees please to have it so 4. Their allowing money to some Committees to reward Informers Spies and Intelligencers to betray even their nearest friends and relations 5. Their holding Honest Generous and Grave men in suspicion and making the Houses of Parliament and Army snares to them expelling them with false and extrajudicial Accusations 6. Their owning dishonest base-minded men that have cheated the State as instruments fit to be confided in and associate with them in time of danger 7. Their impoverishing the people with confused Taxes decay of Trade and obstructing of the Mint and thereby breaking their spirits 8. Their changing and dividing the Militia of London purposely to weaken it 9. Their not restoring to the Counties their Militia and trusting them to defend their own houses as formerly 10. Their nourishing Factions in the Common-wealth Schisms in the Church 11. Expelling learned Divines to let in ignorant men All these are tyrannical policies grounded upon the old principle That a Tyrant should deprive his Subjects of all things that may nourish courage strength knowledg mutual confidence and charity amongst them which Maxim the Politicians say contains the whole Systeme or method of Tyrannical Government 4. 4. The Independents divide the Taxes Spoils and preferments of the land between them As this encroaching Faction have usurped all the Military and Civil power of both Kingdoms so they have monopolized all the great Offices rich Imployments and Treasure of the Land they are clearly the predominant party in all Money Committees they give daily to one another for pretended Services Arrears and Losses great sums of money many of their Largisses I have already set down They gave lately to Col. Hammond Governour of the Isle of Wight for his Table 20 l. a Week 1000 l. in money and 500 l. a year land to Major General Skippon 1000 l. per annum land of Inheritance to Colonel Mitton 5000 l. in money Prideaux hath 100 l. a Week benefit by the Post-Masters place his whole Estate before this Parliament was hardly worth a 100 l. nor is he eminent for any thing but impudence and arrogance Mr. Rowse hath Eaton College worth 800 l. per annum and a Lease of that College worth 600 l. per annum Sir William Alanson the Hamper-Office and Crab Castle worth 600 l. per annum bravely wooded Alder. Hoyl of York the Treasurers Remembrancers Office Mr. Sallaway a poor Grocer the Kings Remembrancers Office neither of which are able to read any one Record in those Offices Tho. Scot Lambeth-house Sir Wil Brereton Croyden-house Col. Harvy Fulham and Norwich-houses Mr. Lisle the Mastership of St. Crosses Dennis Bonds 3 Sons each of them a Place worth 500 l. a year besides many others All the cheating covetous ambitious persons of the Land are united together under the name and title of The Godly the Saints c. and share the fat of the Land
between them few of them pay any Taxes but all the Land payes Tribute to them It is thought this Faction their under-Agents and Factors have cost this Commonwealth above 20 millions never laid forth in any publick service nay the Treasurers and Publicans of this Faction have clipped and washed most of the Money that comes into their fingers before they pay it forth knowing that any money that comes out of their fingers will be accepted two Gold-smiths are thought to be dealers this way yet they lay the blame on the Scotish Army as the Cuckow lays her brood in other Nests 5. Having thus imped their wings for flight 5. The Indepâ—ndents provided of places of retreat to flee to they have provided themselves of places of retreat in case they cannot make good their standing in England Ireland is kept unprovided for that they may find room in it when necessity drives them thither If their hopes fail in Ireland they have New-England Bermudas Barbadus the Caribby Isles the Isle of Providence Eleutheria Lygonia and other places to retreat to and lay up the spoils of England in nay they usually send chests and vessels with money place and goods beyond Sea with passes from the two Speakers to let them passe without searching the Navy is in their power to accommodate their flight and by their instruments called Spirits they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismatical Plantations as the Turk takes up Tribute Children from the Christians to furnish his nursary of Janisaries and so they have their Agents that buy up all the Gold they can get Cromwell not long since offered 11000 l. in silver for the 1000 l. in gold besides he is well furnished with the Kings Jewels taken in his Cabinet at Nazeby many of them known Jewels as the Harry and the Elizabeth 6. The vulgar Independents but props and properties to the Grandees 6. Nor shall the vulgar sort of Independents either in Parliament Army or City fare better than the rest of the Kingdom The Grandees both of Parliament and Army endevouring to adjourn the Parliament and draw all the power of both Houses into the Committee of Derby-house consisting but of 30. or 40. the rest of the Independent Members will find their power dissolved in the Adjournment and swallowed up by that Committee and their services forgotten nor shall they have any power in the Militia which is the only quarrel between them and the King the Grandees disdaining to have so many Partners in that which they have got by their own wits for know that the Grandees have always been winnowing the Parliament First they winnowed out the moderate men under the notion of the Kings party then the Presbyterians and now they will winnow forth the lighter and more chaffy sort of Independents who stand for the Liberty of the People a thing which Cromwel now calleth A fancy not to be engaged for and so they will bring all power into their own hands Thus having contracted the Parliament into a Committee of safety they will adjourn themselves though the Parliament cannot to Oxford or some other place which they more confide in than London and this is the settling the Kingdom without the King they so much aim at and which they had rather the people should be brought practically and by insensible degrees than by Declarations held forth to them before-hand or by politick Lectures in the Pulpit Thus it is decreed that this Cabal of Godly men at Derby-house shall with military Aristocracy or rather Oligarchy rule this Nation with a rod of Iron and break them in pieces like a Potters Vessel Observe that the Ordinance by which the Committee of Derby-house is revived and the addition of Power to it are purposely penned in such ambiguous terms that He that hath the Sword in his hands may make what construction of them he pleaseth neither were they clearly penned Is it in the power of the Houses being but the Trustees of the people to transfer or delegate their trust to a lesser number of men a trust not being transferrable by Law and the people having chosen a Parliament not a Committee to look to their safety and peace 7. 7. The Army hinder Peace and Settlement The Grandees of the Parliament and Army have brought the Kingdom to so miserable a condition that they have left no Authority in England able to settle peace The KING is a close Prisoner to the Army therefore all he shall do will be clearly void in Law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegal Accusations Blanck Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Egyptians did under vassalage to their own Mamaluchi or Mercenaries The people thefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdom 8. The two Universities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties 9. Many honest men seduced by fair pretences took part with them never intending to leave their first principles and enslave King and Kingdom are enemies to their barbarous irrational and Russian way of Government 9. Many honest men took part with this Parliament seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the People and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdom to subvert the Laws Liberties and fundamental Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoils of the Commonwealth between them and think of enriching themselves with them in forein Lands yet many at the beginning much disliked that Religion should be used an as ingredient to the carrying on of a Civil War and that Schismaticks should have so great a stroak in managing the business yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high-way he will not refuse to joyn with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designs had so often purged the Houses that
they left few honest moderate men in them to oppose their projects still bringing in Schismaticks and men of their own interests by enforced and undue Elections into their rooms and so by insensible degrees new modelled the House suitable to their own corrupt desires and new modelled the Army accordingly so that the people who had no intention to be interested so far were step by step so far ingaged before they were aware that they could not draw their feet back and do now find to their grief that the Bit is in their mouths the Saddle fast girt on their galled backs and these Rank riders mounted who will spur them not only out of their Estates Laws and Liberties but into Hell with renewed Treasons new Oathes Covenants and Engagements if they take not the more heed and be not the more resolute they have changed their old honest principles and their old friends who bore the first brunt of the business and have taken new principles and friends in their room suitable to their present desperate designs and now that they have squeezed what they can out of the Kings party they think of sequestring their old friends because they adhere to their old principles 10. Who are the Kings bitterest enemies 10. Amongst those that are most bitter against the King His own Servants especially the Judasses of the Committee of the Revenue that carry His purse and have fingered more of His Money and Goods than they can or dare give an account for are the greatest Zealots those that take upon them imployments about His Revenue and share what allowances to themselves they please for their pains those that buy in for trifles old sleeping Pensions that have not been payed nor allowed this thirty years and pay themselves all arrears those that Rent parcels of the Kings Revenue for the eighth or tenth part of the worth as Cor. Holland who renteth for 200 l. per ann as much of his Estate as is worth 1600 l. or 1800 l. per annum Thus you see the Lion Lord of the Forest growing sick and weak become a prey and is goared by the Ox bitten by the Dog yea and kicked by the Asse Look upon this president you Kings and Princes and call to mind examples of old that of Nebuchadnezzer and others lest by exalting your selves too high you provoke God to cast you too low When the Grandee Independents have a desire to raise new forces or erect new Garrisons or use any extremity against the City 11. Forged Conspiracies and false News or Royal party they commonly usher in their design with reporting to the House the discovery of some new-invented conspiracy or plot full of danger and destructinn such as was that of many thousond consecrated Knives and then propound their own forelaid design as a counsellable way to prevent it and he that doth not hastily believe their Informations or doth argue against the remedies they propound though he shew never so great inconveniency in them is presently cried out upon as a Malignant that doth not take the danger of the Parliament to heart and branded by the black tongues of the Godly and when any great business is to be treated of in Parliament or City which they either desire to promote or to obstruct they commonly publish counterfeit News and Letters of great victories and successes gotten by their Party in parts so remote that they cannot in a short time be confuted this serves to credit and animate their Party to go on boldly with their worke and to dishearten their Opponents and though the profit and reputation of a lie is seldom long-lived yet if it last some few dayes untill they have carried on their present business they care not herein they imitate a skilfull Architector who building an Arch supports it in the beginning with circular props and pieces of Timber untill he hath closed it and enabled it to support it self and then throws away the props When they have a design to ruine any man 12. The Art of Slander and Calumny before they fall openly upon his person they secretly undermine his credit and reputation that afterwards they may oppress him with applause and they are so excellently well fitted with Agents and Instruments for this purpose that they can prove what they list The close Committee of Examinations is an excellent forge for these contrivances they know where to find the sonnes of Belial now commonly called Knights of the Post who will trust God with their souls to advance the good Cause they have secret Examinations of several sorts some preparatory only amounting but to suspitions and presumptions to wound a mans good name and make him liable to more deadly blows hereafter and some consummatory laying the Axe to the root at the first blow nor is it a small Artifice of theirs boldly to accuse other men of those crimes they themselves are guilty of as they did the 11. Members of trucking with the King being their own fault by this means it doth constare de re presently it appears such offences are committed and if they can but fix them upon the persons of other men by bold Accusations close Examinations and false Witnesses then constat de persona they have found men to personate them deputies to bear the ignominy and punishment of their sinnes so some lascivious persons free themselves bestowing their diseases upon others 13. What a Confiding man is They account no man a Godly faithfull confiding man but he that engages as far in sin and makes himself as hopeless of reconciliation as themselves Quis nunc diligitur nisi conscius 14. The last Retreat and Refuge of the Godly Since the revolt of some of their Ships hath almost made them hopeless of transportation to foreign Plantations the schismatical Grandees have made Col. Walton Brother-in-law to Cromwel Governour of Lyn Boston and Crowland and of all that level of morasse Ground in the Isles of Ely Holland and Marshland which they can lay under water at pleasure it is a plentifull and strong Fastness able to feed 40000. men besides the ordinary Inhabitants there are but three passes to enter it over three Bridges upon which they have or may build Forts for their defence and may from thence invade the adjacent Country at pleasure being themselves free from incursions or they may if they list break down the said Bridges These places already strong by nature they daily fortifie by art for which purpose great sums of money have been sent to him and much Arms Powder Ammunition and Ordnance from Windsor Castle Here when all other helps fail the Godly mean to take Sanctuary this shall be their last retreat from whence they will draw the whole Kingdom to Parly upon Articles of treaty and enforce their peace from them at last These are the stratagems of the Godly These are our Saints no where canonized but in the Devils Calendar As the Church of Rome
of their own making but when the King had neither Army nor Garrison in the Kingdom and thereby this necessity was removed why did they not to prevent Tumults Insurrections and a new war content the People and return all things into their old Chanel and restore to the people their Religion Laws and Liberties being their first principles for which they engaged them to spend their blood and treasure and for defence whereof they engaged themselves and us in a Covenant with Hands lifted up to the High God Why did they then provoke the Scots to a new War but that they might have occasion to keep up their Army still and inthrall the Kingdom look upon their Doctrine as well as their aforesaid practices and you will find that all they do is but to carry on a fore-laid design to lay by the King and enslave the People under the new erected Kingdom of the Saints the Grandees of Derby-house and the Army In the Declaration against the Scots Papers p. 67. They have adjudged the King unfit to Govern and p. 70. they say the power of the Militia was the principal cause of their War and quarrel with the King and in their Declaration against the King they say they cannot confide in Him It hath been commonly spoken in the House of Commons that the two Houses nay the House of Commons alone is the Supreme power of this Nation under God 16. Mach 1642. Both Houses Voted it a High Breach of Privilege of Parliament for any Person not excepting King or Judge to oppose their Commands or to deny that to be Law which the two Houses declared to be so In their Declaration against the Scots Papers p. 63. The Members say That in all matters either concerning Church or State we have no Judge upon Earth but themselves Who will account the Popes plenitude of power monstrous hereafter that shall observe this Doctrine and practice of Subjects in Parliaments claiming and exercising a Supreme Government whereof the Militia is a part a Legislative and Judicative power over the Consciences Lives Liberties and estates of their Fellow Subjects And all this under colour of a necessity raised by themselves out of a dispute they set on foot against the King which they have affirmatively adjudged and determine for themselves against Him without consulting the Laws Statues and usages of the Realm Nay the very Oaths of Supremacy and Allegiance which all with one voice speak against them Who would think that a faction in Parliament or any pest lesse than an Earth-quake or Deluge should in seven years time reduce so well-formed a Common-wealth into such a Chaos Yet even now the People are promised to be governed by the known Laws and Judges are appointed to determine sutes according to the Laws Surely There never was Tyrant that deprived his Vassals of a known Law amongst themselves this were to disable them to acquire wealth and so lose his own benefit of Taxes and Confiscations By the Laws of England a villain was protected in his goods against all men his Lord excepted The Turkish Vassals heap up much wealth and are protected against their fellow slaves though not against their Grand Seigneor who may seize their estates and take their lives at pleasure And this is all the protection the people of England have now by the Laws We have the benefit of Law one against another unless some Powerfull Member interpose but against the two Houses or either of them or any Grandee what Law what Justice can protect our lives liberties or estates and yet we were allowed heretofore to make our defence in Law against the King And until the King be again restored to his Right expect no better Right to be done you by this heedless head-strong Faction in Parliament The summe of all their endeavours is no more but this 18. The final scope of the Grandees endeavours The Grandees of Derby-house and the Army have already by their Votes of No Addresses and their scandalous Declaration laid by the King and in Him Monarchy notwithstanding they delay and fool the people with tedious debates of a Personall Treaty And when this innovation is digested by the people their next step will be to make use of the Schismatical Antimonarchical party in the House of Commons Army and City to cast off the House of Peers as Prerogative creatures and rags of Royalty some Schismatical Plebeian Lords excepted who shall recruit the Power they lose in the House of Lords by being of the Committee of Derby-house and when the people are well inured to this change and the grievance of it worn out by custom then to lay by the House of Commons and usurp the full Power of the King and Parliament into the Committee of safety at Derby-house who by way of preparation doe already stile themselves in all forein Negotiations The STATES Nay they doe already act all matters of moment at home and assume unto themselves all the properties of a State the Parliament being but a Sub-Committee to them upon whom they put what Impositions and Injunctions they please witnesse the design put upon the House of Commons for every Member to subscribe what number of Horse he would maintain for a Guard I know not whether to the Parliament or to the Committee of Derby-house This disease being now come to its Crisis 19. The Prognostick of this Disease it is no hard matter to pronosticat That nature that is the King our natural liege Lord must inevitably prevail at last against this Antimonarchical Faction for these reasons 1. The King can never want a Party the Parliament or rather Antimonarchical faction in Parliament can never manage a party without faction and confusion 2. The King may hushand his treasure to His best advantage the faction in Parliament cannot but must necessarily be cheated that they may be followed and befriended since only common crimes and common profit glues and cements them together and only such are found to be confiding men to them 3. The King is now discovered to every common capacity to have all the known Laws on His side the Parliament all known Laws against them and the people will no longer be governed without Law by new Arbitrary inventions 4. The King hath recovered all the peoples affections the Parliament hath lost them a privation which can never be reduced into habit again 5. The King is allyed both in Consanguinity of Blood and affinity of Cause with all the Princes of Christendom the faction in Parliament are terrae filii faterculi Gigantum Mushromes 6. The Kings Army will obey Him and His Interest the Parliaments Army will command them and their Interests besides they are men of different Principles and Interests only held together by profit and when that fails they fall in sunder Nothing therefore but a free Personal Treaty in London can prevent a Conquest whatsoever desperate forlorn people say to the contrary The Epilogue I Am not Ignorant
that there is a natural purging a natural phlebotomy belonging to Politique as well as to Natural bodies and that some good humors are always evacuated with the bad yet I cannot but deplore what I have observed That the honestest and justest men on both sides such as if they have done evil did it because they thought it good such as were carried aside with specious pretences and many of them seduced by Pulpit-devils who transformed themselves into Angels of light have always fared worse than other men as if this difference between the King and Parliament were but a syncretismus or illusion against honest men nay I do further foresee that in the period and closing up of this Tragedy they will fare worst of all because they have not taken a liberty to inrich themselves with publique spoils and fat themselves by eating out the bowels of their mother but are grown lean and poor by their integrity whereby being disabled to buy friendship in the dayes of Trouble they will be put upon it to pay other mens reckonings When Verres was Praetor of Sicily he had with wonderfull corruptions pillaged that Province and at the same time the Praetor of Sardinia being sentenced for depeculating and Robbing that Province Timarchides Verres Correspondent at Rome writ a very anxious Letter to him giving him warning of it But Verres in a jolly humour answered him That the Praetor of Sardinia was a fool and had extorted no more from the Sardinians than would serve his own turn but himself had gathered up such rich booties amongst the Sicilians that the very overplus thereof would dazle the eyes of the Senate and blind them so that they should not see his faults Such I foresee will be the lot of the more just and modest men who shall be guilty because they were fools as the other sort shall be innocent because they were knaves Whatsoever befalls you clear and innoxious soules be not ashamed be not affraid of your integrity if this Kingdom be a fit habitation for honest men God will provide you a habitation here if it be not capable of honesty God will take you away from the evils to come and pour out all the Vials of his wrath on this totally and universally corrupted Nation this incurable people Qui nec vitia sua nec eorum remedia ferre potest for my own part if I am not such already I hope God will make me such a man Quem neque pauperies neque mors neque vincula terrent and if Moses in an heroick zeal to draw a remission of the peoples sin from God desired to be blotted out of his Book the Book of Life and St. Paul to be Anathema for his Brethren why should not I with relation to my self and submission to Christ say oportet unum mori pro populo it is fit one man die for the people and devote my self to death for my Country as the family of the Decii in ancient Rome were wont to do I have read and admired their examples why not imitate them is it because as Machiavel saith The Christian Religion doth too much break enfeeble and cowardise the spirit of man by persecuting and subduing nature by denying her due Liberty and tying her to be more passive than active At facere pati fortia Romanum imo Christianum est or is it because in this generall deluge of sinne and corruption a publique spirit and excellency in virtue is accounted a degree of madness or is it because of the corrupt judgement of these times which makes a man more infamous for his punishment than for his sin and therefore Heroick acts are out of fashion the circumstances and ceremonies of Death are more taken notice of than Death it self these follies weigh not with me Sublimis an humi putrescam parvi refert The Thief upon the Crosse found a ready way to Heaven How much more an honest man Many a man out of Prison steps into Heaven no man out of Paradise ever found the way thither Salebrosa sit via modo certa modo expedita altè succinctus ad iter me accingo THe Premises considered I do here in the name and behalf of all the free Commons of England declare and protest that there is no free nor legal Parliament sitting in England but that the two Houses sit under a visible actual and an horrid force of a mutinous Army and of a small party of both Houses conspiring and engaged with the Army to destroy expell and murder with false Accusations and Blank and Illegal Impeachments and prosecutions the rest of their fellow Members who sate in Parliament doing their duty when the two Speakers with a small company of Members secretly fled away to the Army and sate in Council with them contriving how to enslave King Parliament City and Kingdom and how to raise Taxes at their pleasure which they share amongst themselves and their party under the name and title of the Godly the Saints and afterwards they brought the Army up to London against the Parliament and City in hostile manner a design far exceeding the Plot of Jermine Goring c. to bring up the Northern Army to London to over-awe the Parliament I do farther protest that the two Houses have sate under the said force ever since the sixth of August 1647. and therefore all they have done and all they shall do in the condition they sit in is void and null in Law ab initio by their own doctrine and judgement included in their Ordinance of the 20. of August last whereby they null and void ab initio all Votes Orders c. passed from the 26. July 1647. to the 6. August following Arguments against all accommodation and Treaties between the City of LONDON and the ingaged Grandees of the Parliament and Army 1 IT will never be safe nor honourable for so great a City to accommodate and joyn interest with a conspiring Party that by frequent violations of their faith and duty have inslaved King Parliament City and Kingdom and broken the Faith of this Nation given to the Scots in the large Treaties and in the National Covenant 2. By accommodating with them you make all their crimes your own their subtilty being to involve you to joyn with them in defence of their crimes 3. The Scottish quarrel is not against the English Nation but against the treacherous and hypocritical Grandees who by perjuring themselves and falsifying their ingagements both unto Kingdom and Army keeping the Souldiers by false suggestions from disbanding and totally obstructing Irelands relief and also a conspiring party in Parliament who keep them up to make good the aforesaid crimes forcing what Votes they please to passe by over-awing the Parliament Witnesse Cromwels laying his hand upon his Sword and forcing the House to passe those traiterous Votes against the King contrary to their own Consciences Allegiance Protestations Vow and Covenant and to raise Taxes upon the people which
whereby multitudes of you are undone and yet the Armies Arrears and all other Taxes are exacted from you with as much cruelty as you lost nothing Remember that Butchery committed upon the unarmed Apprentices when Cromwel cried to the Souldiers to kill man woman and child and fire the City at which time his Nose looked as prodigiously upon you as a Comet Remember the scorn put upon you by a Grandee when you were enabled to put up your Chains again That the House had consented your Posts should have Chains as well as your Aldermen and did as well deserve them And Weaver's word when your Guards came to attend the House that 60 of the Army should beat 3000 of them Remember how unwillingly and juglingly they restored unto you the Tower first plundered of all its ammunition you formerly had in it and part only of your Militia and that clogged with many restrictions they that bestow gifts so grudgingly upon you when they are weak will deprive you of them again when they are strong Adversity makes them your false friends Prosperity your real Enemies Necessity only ties them to you have a care therefore you do not relieve their necessities lest you lose them like the frozen Snake in the bosome when they grow warm they will bite and sting You seem to have forgotten the unjust imprisonment of your Aldermen the unfaithfulnesse and inconstancy of their Votes and Ordinances even for security of Money and Land bought the several Informations and Testimonies you had of their good intentions to borrow more of your Money not by way of Loan nor upon the Publique Faith but by way of plunder Notwithstanding all these injuries and many more as if God had infatuated you to destroy you you suffer a corrupt Faction within you to List men to the amazement of your neighbour Counties whose principles you first examine and if they be not Independents you trust them not with Arms. I hear of a young man who being asked of what principles he was he answered That in these doubtfull times he professed no principles but gain to whom was replied then we are of one principle for we are resolved to keep what we have got Behold the Principles of these men that obstruct our peace consider that Heaven and Earth have denounced war against these men and that God himself hath touched the hearts of all men as one man to rise against them and demand to have Peace Religion and Justice restored When the whole Kingdom shall rise in a flame what will be your lot but smoak in your eyes and at last a consuming fire in your bowels when you only shall be left to maintain this domineering Army with your money and to recruit them with your blood many of their Officers say already That the Country is exhausted of Money and you shall be their purse-bearers but because you are a curst Cow they must keep the Army about you that the Souldiers may hold you by the horns whilst their friends milk you Consider how absolute a necessity and how general a resolution there is that all things should return to their old channel If you stop the violence of this Torrent it will swell untill it overwhelm and drown you You that are guiltless joyn not with the guilty you that are guilty sin no more there will be mercy for you if you repent and amend in time The very multitude of offenders will help to excuse your offences let not despair huâ—â— you from one sin to another until you fall into destruction as â—â—aid Judas whose Despair by all Divines is held to be a greater iâ—piety than his Treachery by the first he sinned against the God-head of Christ by the second against his Manhood only The Remonstrance and Declaration of the Knights Esquires Gentlemen and Freeholders in COLCHESTER PEtitions the birth-right of Subjects are by Law our addresses to our King Gods Vicegerent by custom our approaches to the Houses of Parliament His Majesties great Council by them we used humbly to present our modest desires and were wont to receive answers as Gideons fleece the dew without noise yet satisfactory but that was denied our first Petition and before our second could be ready our brethren of Surrey by theirs ecchoed our prayer to both Houses of Parliament but received their answer as the Jews their Law in thunder and lightning a two-edged sword the tongue and the report of Muskets the voice which spake nothing but wounds and death We therefore thus admonished resolved thus to present our grievances to the World and our Petitions to Heaven for a blessing upon our intended indeavours Our grievances are these 1. First the distraction and threatned ruine of our glorious Protestant Church the neglect and abuse of Religion the destruction of our Universities the springs of all Learning Divine and Humane occasioned by the fierce and ignorant Separatists set up and maintained as Rulers both in Church and State by the prevalency and violence of a rebellious and destructive Army under the command of the L. Fairfax and countenanced by the seeming Authority of a pact unfree and over-awed House of Parliament 2. Next that contrary to the Oath and duty of Allegiance from which no power can nor yet hath pretended to absolve us our Soveraign Lord the King is by the design of the said Army drawn from His House at Hampton Court to the Isle of Wight and there by the power of Col. Hammond and others of the Army Imprisoned and detained from His Parliament by which act the said Hammond and all adhering to him are according to the Votes passed in both Houses 16. March 1641. Enemies to the peace of the Kingdom 3. A third is the violent and unchristian separation of the King His Royal Consort and Children at once depriving His Majesty of the two first blessings bestowed on Man 4. The forcing the Queen and Prince of Wales to seek in a forein Nation what in their own they could not enjoy liberty safety and support 5. The exercise of Martial Law while the Courts of Justice are open and sitting at Westminster the obstructing justice in our Courts of Judicature and by the privat Committee of Indemnity perverting judgment and exercising arbitrary power which is a subversion of our ancient Laws and an introducing of a tyrannical government as was resolved by both Houses in the Cases of the E. of Strafford and Archb. of Canterbury and writ in their bloud 6. Sixtly the present mischief and future danger to the whole Kingdom by reason that the publique affairs of highest concern are managed and carried on by a few particular men in a private Committee at Derby-house wherein contrary to the self-denying Ordinance the prime actors are chief Officers of the Army and have by our unhappy differences possest themselves of the most beneficial offices and imployments of the Kingdom and the other Places of profit and commodity are by their design conferred on others Members
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
namely the Marquess of Argyle whose dealing with his Kindred Friends and Confederates mentioned in the following discourse will be a warning to all religious Protestants how they trust such an Apostate Covenanter whose ambition and avarice hath ruined the KING Church and State or three flourishing Kingdoms Although it may seem a paradox to many I dare boldly aver that Argile and his Faction in Scotland have been and are the chief Malignants Incendiaries and evil Instruments who have been the Ruiners of these three flourishing Kingdoms and the Authors of the blood shed in all of them as I hope by this following Discourse will be made appear to every impartial and unprejudicate Reader who hath or may have the certain knowledge of every particular when time shall serve This Argile's Father after the Marriage of his English Lady having turned Roman Catholique and this his only Son by his first Lady being carefully educated by the Earl of Morton by whose means he obtained the possession of his Fathers whole Estate for a small Pension and by His Majesties special favour for out-quitting his pretended Title of Justice General of the Kingdom of Scotland did obtain an Heritable Justiciary of Argile Lorn Kintyre and many of the Western Isles which power he did execute with that cruelty that he disgusted all the Islanders and Highlands of Scotland who were never so tyrannized over by any of their Kings till his Fathers death still fearing his return he kept himself somewhat moderate for the engaging for the Covenant or keeping company sometimes with those that were against it but his Father being dead finding himself idolized by those who had taken the managing of all affairs into their hands and that by his power and policy he could prevail with them in any thing to indear himself the more to that party he did seem exceeding zealous for the Covenant and pretending great fears from Ireland which the then Lord Deputy Strafford his Greatnesse and known aversenesse from the Covenant did make the more easily to be beleeved whereas the true cause of his fears was for the loss of Kintyre whereof he cosened his Brother long before his death Isla and divers considerable Isles which were and ought to be the possessions of the Mackdonalds and his indiscreet provoking of Strafford who in revenge of him did use very hardly all the Scots in Ireland who would not renounce the National Covenant of Scotland he dis-arming them did Arm and Train many Irish who after his Head was off shed so much bloud in Ireland and upon pretence of divers of the Mackdonalds Argile's own Tenants for the time were accessary to the Plot fearing his Judiciary power where he was both Judge and Party they were inforced to flie to Ireland till their peace should be made to prevent which he sent their Wives and Children after them took possession of all their moveables and placed other Tenants in their Room but being grieved that Culkettough and his Sons who had goodly Possessions were not gone with the rest he caused cite them before the Council as accessary to an Invasion to be made by Antrum and some of their friends which citation as legal men and not guilty in the least they did obey and after some dayes stay in Edinburgh taking their walk daily before Argile's door they did humbly intreat his Secretary to plead for them that they might have a speedy hearing since they were weary of their attendance which the Secretary acquanting the Lord Argile returned them this Answer That since they had testifyed their obedience by their appearance they might go home and he have themselves civilly not medling with their Rebellious friends as he was pleased to term them and be ready upon any new citation they should be excused for that time they did humbly thank his Lordship and his Secretary for this courtesie and did presently depart from Edinburgh towards their home whereof my Lord by his Spies upon them having notice did immediately convene the Council and whereas in many dayes before during their stay in Town they could not be heard that day they were first Called and upon their not Answering my Lord aggravating their Accusation by their departure occasioned by his own and his Secretaries contriving procures a Warrant to make them prisoners till they should be Tried and to seize upon their Estates which out of his zeal to the Covenant God knows he did carefully perform and made Culkettough and his two Sons Prisoners before they were half way at home which Alexander Macdonald afterwards Sir Alexander Macdonald being fled to Ireland having no valuable possession to look to at home did associate himself with the Irish in the beginning of their Rebellion but so soon as the Scots Army came over he did apply himself to them assuring them that he would do them faithfull service against the Irish Rebels if they would release his old Father and his two Brethren unjustly detained prisoners or bring them to Legal Trial whereof having assurance given him he brought with him two hundred gallant men of his friends and did more execution upon the Irish than half of the Scots Army their horse being not able to follow through Bogs and their Foot not so swift as the Irish and did in one morning bring in six or seven thousand Cowes to the Scots Camp the like booty they did never take at any one time before or since for which good service the General did of new ingage for his Father and Brethrens releasment but when the Committee of Estates had consented Argile did reverse all and frustrate the Generals promise which Alexander Macdonald perceiving said no more but well I will yet cause my faithful service procure my Fathers inlargement and did continue without pay or hope of pay saving a very spare allowance of quarters until Argile sent over and caused him to be discharged of all quarters to the grief of all the Scots Officers who did wel know what faithful service he had done and was able to do them so that meer necessity did inforce him to make his peace with the Irish by whose help he did come over into Scotland meerly to be revenged on Argile and to relieve his Father hoping the Estates of Scotland would not blame him for suing the performance of what their General had promised unto him intending no more til Montrosse out of his desire to be revenged on Argile did enforce Alexander Macdonald to joyn his Majesties Interest as Montrosse pretended with the said Macdonald hoping he would find as indeed he did a great many discontented persons to joyn with them all which or the most considerable were parties and persons wronged oppressed and ruined by Argile as chiefly besides the forementioned Islanders and these Highlands that were under his lash the Atholl men twice or thrice plundered by him Montrosse himself provoked by many wel-known injuries which no Noble heart could endure as the death of Mr. James Stewart who
was no Traitor either to King or Country save only to Argile The Earl of Airly having his estate plundered and his House thrown down in revenge of an antient quarrel amongst their Predecessors for the Earl of Airly having some Lands in the Bray of Angus out of which Argile's men did many times drive Heards of Cattle Sheep and other Beasts for which the Lord Ogilbee could have no remedy these Thieves being protected by the Earl of Argile by advice of his Lawyers he did Charge the Earl of Argile that he should find surety not to maintain or protect such Out-lawes but before he could obtain the same he was obliged according to the custome of Scotland to give his Oath he did fear bodily harm from Argile which he was unwilling to do alleging it were only a Beastly harm that he did fear for if he would not protect those that did steal his poor mens Beasts he was nothing afraid of his body This tart Answer after an age must under colour of service to the State be so revenged The Gourdons divers of whom he betrayed under trust and under pretence of securing his Neces Portions that he was ingaged for possessing himself of Badinoch and Lochabar and plundring friends and foes indifferently in his marches too and fro and the inexhaustible treasure of the Scots Exchequer must allow him eleven or twelve thousand pound sterling for every Voyage whereas his Breechlesse Souldiery were well content with their Beef and Bannocks and such convenient plunder as the Country could afford these as I conceive were the most considerable Forces Montrosse ever had unlesse some that were through fear compelled to yield for the time so that the bloud-shed in Scotland by Montrosse and Macdonald do properly fall upon Argiles score no other under Heaven having occasioned both their out-breakings and all their partakers who did see no other way to be revenged on him that had made himself Master of all the Estate having made Argile's quarrel their own than by heaving at all under the specious pretext of the Kings interest which if God in mercy had not prevented they had almost effectuate through Argile's misgovernment wherein it is to be remarked that when he was overthrown by Montrosse in Lochaber the second of February 1645. many of his friends being killed and others taken he who would not release Culkettough for his Sons good service nor the Generals ingagement or the Committee of Estates desire you must not speak of Command for Master James Hamilton a faithful Minister of the Gospel who found more kindnesse from Culkettough than from this Canibal Covenanter is now content to release all to get a poor Company of his Country-men leaving the Godly Minister in cruel bondage whom Culkettough did release upon his Paroll and promise to send him a Boy that was forgot behind This religious Covenanter out of his pious care for the education of his Sister in the true Religion as he pretended did by His Majesties special favour overthrow the last will and Testament of his Mother-in-law by getting himself made Administrator in the room of him who was nominated therein whereby he got the Gentlewoman his Sisters whole patrimony into his hands but before he could prevail in this his Majesty did take special care that sufficient Surety should be given that the Will of the Dead should be truly performed by payment of their respective portions when they were Married and sufficient maintenance until they were Married the Elder whose Portion was Five thousand pound sterling is presently sent for and one thousand pound or thereby given to a Gentleman for his second Wife the rest there being a clause that if any of them should enter into Nunneries they should only have 300 l. sterling for all being kept so scarce of their due maintenance the Gentleman who was surety having advanced of his own above 1000 l. whereof he is not as yet repaid were seduced to go to Monasteries all save one who is now ready to enter through his neglect so this 12000 l. of his Sisters Portions with the ruine of their Souls to boot is a part of Argile's wel-made purchase The great care taken by the Earl of Morton for Argile's education and preservation both of his life from the crafty designs of a Step-mother and recovery of his almost ruined Estate was so wel requited that notwithstanding he hath the Earl of Morton's Daughter in his bed in open Parliament he spake what became him not both of that noble Lords Person and Estate only as he pretended out of his zeal to the welfare of the Kingdom whereas the truth is it was meerly out of his ambition to have that Honourable place conferred upon himself which was intended by his Majesty upon that noble Lord but finding His Majesty not inclinable that way the next assault was for one of his own name a man truly wel-deserving for to say better deserving than himself is no great praise and if his two much favouring of him do not stain his reputation worthy to be beloved Thus having shortly viewed Argile's religious carriage towards his Vassals and Tenants Parents Friends and Allyes Brother and Sisters Neighbours and fellow-Patriots let us take a short view of his Loyal carriage towards his Soveraign and his due observation of the Solemn League and Covenant with his covenanted Brethren of England and then let the impartial Reader judge whether he be not such as is affirmed in the proposition the greatest incendiary in the three Kingdoms It cannot be denied but His Maiesty as is mentioned before did confer many great and Princely favours upon him at the Earl of Morton's desire when he was Lord of Lorn such whereof as required confirmation were approved and ratified in Parliament His Majesty being present anno 1641. with the addition of the honour and title of Marquesse and a full Pension well paid ever since whoever want together with not only an act of oblivion but an approbation of all his tyrannical proceedings against the Athol men the Earl of Airely and others though not particularly mentioned yet as done in obedience of Orders from the Committee of Estates obtained by his own procurement therefore to be no further questioned The first endeavour in requital of these and many other Royal favours was the entring in conspiracy with certain his Confederates whom I forbear to name to transform the Kingdom of Scotland into a Free State like the Estates of Holland and because some truly noble Lords did abhor such a disloyal motion after so many Acts of favour witnessing to all Posterity his Royal bounty both to Church and State whereof these chief Conspirators tasted not a little he did at that time forbear not so much to prosecute his design as to conceal their Counsel from all these that had thoughts of Loyalty though most faithfull to the true Religion and their Countrey according to the Covenant The Irish Rebellion breaking out fearing his own stake if
divides them amongst themselves self-respects makes them run along blind-fold with the Grandees in any designe or faction A good bargaine makes a bad Man Harvey needs no other president but himselfe nor no more visible monument then his exceeding cheap bargaine of Fulham-house and Manour which hath changed him from a furious Presbyter to a Bedlam Independent About this time it was Ordered 9. A Commission into the North to enquire what dammages they have sustained by the Scotish Invasion That Commissions should be issued forth into the Northerne Counties to enquire what Damages they have any waies sustained by Hamilton's Invasion This device was of a twofold use 1. To cut off the Scots demands for Mony due to them for their last Brotherly assistance and otherwise 2. To cajole the poor Country into a beliefe they shall have reparations against the Scots and raise them into a clamorous complaint against the Scots and at last a deadly feud when they shall finde their hopes denied by them and disappointed In the meane time they are patiently eaten up with Taxes and Free-quarter and while they looke for what they shall never have they lose what they have already This was the much applauded invention of Master St. Jâ—hns of Lincolns-Inne 10. Colâ—hester surrendâ—ed with the sequele thereof About this time the newes of the Surrender of Colchester inflamed the Antimonarchical faction from a Feaver to a frantick Calenture They yeilded to mercy and within 4 hours after Sir Charles Lucas and Sir George Lisle for the better explanation what Independent mercy is were shot to death some attribute it to an old quarrell between him and General Fairfax others think it was done to put an affront upon the King and the Treaty Colonel Farre was likewise condemned by the Councel of Warre at the same time but is reprieved as a witnesse against the Earle of Warwicke when time serves for when Warwicke long since waited at the Commons Door with some Ladies to petition for a Reprieve for the Earle of Holland a Souldier of the Guard insolently told him He had more need petition for himself 11. Instructions for the Commissioners to Treat with his Majesty Instructions for the Commissioners to Treat with the King were Debated The Independents propounded that those Propositions that were most advantagious to the Parliament should be first debated and if the King did not confirme them all the Treaty to break off But it was held unreasonable in any Treaty that one Party should bind himselfe before the conclusion and leave the other at large and himself in the lurch so it was Ordered They should be Treated of in order as they lay and according to His Majesties desire nothing binding to either Party untill all was agreed of The next stumbling block cast in the way was that seeing 40 daies onely were allowed for to Treat that they should limit how many daies and no more should be spent in Treating upon every several proposition But this was looked upon as a cavil to make void the Treaty and so over-ruled you see what use these men that gaine by VVar make of their Victories 12. A Debate what Gentl. should be allowed to attend his Majesty in the Treaty The next thing debated was the List of such Gentlemen as were named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man with Cromwell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they were unduly imprisoned and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there was no farther proceedings therein 13. Master Pryns speech in the House proving the Kings conâ—essions to be a ground for a setlement Thus farre I have briefly set downe the Preparations towards a Treaty the Treaty it selfe between the King in the Isle of Wight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them took up almost all the time until the 6. December 1648. some few businesses of no great moment intervening many imperfect and partial Relations of them have been printed cum Privil gio but Mr. Will. Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648. and since printed hath set down all the most material Arguments on both sides with great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follow only their own Interests of power and profit whose wills and lusts have alwayes bin their own Lawes and are now become the only Lawes of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and will only trouble him with some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106. and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I will only say that without them the King cannot be a Governing King but a bare titular King a picture a shadow because the protection of the people depends upon the power of the Sword He cannot protect them and their Lawes with the Scabbard The Authority of the Scepter followes the power of the Sword wherefore to give away one is to lose both nor can the Subjects be any longer his Majesties Subjects but Slaves to their fellow Subjects when so many petty Kings not authorized by any Law of God or Man to protect the People shall hold the Sword over their Heads and distract them with different Opinions disagree in Commands according to the variety of their severall lusts factions and interests how can the King according to his Coronation Oath and duty to which God hath called him Governe and protect his People 1. part sect 40. 41 42. when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other and threatens the other with the longest Sword how absurd and impossible it is for the Subject to expect protection from one hand and to sweare and pay Allegiance to another hand that hath divested it self of all power to protect them let our Lawes the practice of all Nations and times and the judgement of the learnedst Politicians tell you whose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova victigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti
quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would 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 way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when 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 was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer 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 which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask 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 will not trouble my Reader with these being enough to shew 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 who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was 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 what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
a Corporation of Tyrants suspect an opposition from the Levellers and would faine turn them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee strain courtesie with their Betters and would have them go first thinking the seeds of liberty and equality will prosper better in the soyle and aire of England While they were disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of Wight during the Treaty the King had recovered that Kingdom intirely to himself which had bin of great advantage to him The 20. Novemb. 1648. Col. Ewers with seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscal things An humble Remonstrance of the Army It is founded upon these five Anarchical Principles 1. That themselves and their faction only whom they call exclusively the Well-affected Godly Honest Party the Saints are the People of England all the rest but Philistines Amorites or at the best but Gibeonites 2. That their Interest only is the publick Interest of the People 3. That the People that is themselves are the only competent Judges of the peoples safety contrary to the Lawes and Practice of all Nations which bestow that Prerogative only upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrates armed with Supreme Authority as well as with their Swords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies which they Remonstrate admitted they shall make such appeal to God that is their Sword as formerly they have done 4. Principle is consequential to the 3. That they may drive on their designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes whatsoever under colour of the much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Law which hath been the fruitful Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons who usually fish in troubled waters to attaine to those ends which they could never arrive at in setled Governments This is a Principle or new light discovered by Major Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imploy as much in this Remonstrance p. 45. saying It cannot be safe to accommodate with the King because if He returne and this Parliament continue long and unlimited He will make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his owne out of Question and therefore we dare not trust the King amongst them Againe they say That if the King come into the Parliament He will be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army will be looked upon as Oppressors and the jealousies and discontents of the People be increased against them and make them apt to joyne issue with the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these words and their owne practice I concluded for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchical Government and Law of the Land to murder the KING as they have since done Againe they say If the King were returned each Party would strive first and most to comply with Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold what use these cowardly Saints make of necessity and self-preservation 5. That they may appeale to their Sword against the Authority of any their Governours in order to publique safety which two last conclusions set the door wide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellow is apt to raise them into a storme against their Governours for their fabulous assertions wherewith these Saints usually guild over their foule actions 1. That the Houses were free when they passed the 4. Votes for Non-Addresses 2. That they were not free when they recalled them 3. That the People were quiet and contented untill the recalling those 4. Votes and afterwards were unsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered himself to them 5. That when they made Addresses to Him it was but to prevent the Presbyterian Party But it appeares their ayme from the beginning was to suppresse the Presbyterian and advance their owne Party and lay by the King and domineer over Him and the Kingdome for when Cromwel had brought his Designe to perfection he said at Kingston That he was as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65.66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of two sorts all founded upon the said five Antimonarchical Principles The first for satisfying publique Justice that is for the Hang-man to teach the Judges who they shall sentence to execution 1. They demand the Person of the King may be brought to speedy Justice this affront they put upon the Parliament when they were neer conclusion of their Treaty with Him when He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamental Government and Lawes of this Land and consequently the Liberty and Property of the People their Deaths-wound By the Law of God nature reason and the Lawes of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oaths of Allegiance Supremacy Stat. of Recognition 1 Jac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edw. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec. p. 72 73 74 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no power to hurt the Kings Prerogative much
lesse I think to hurt his Person the Lawes are the Kings Lawes Courts the Kings Courts Judges his Judges Great Seale his Seale Writs the Kings Writs the Justice and Peace of the Land are his consequently the Warrs his Warrs he is the fountain of all Authority as well as of all Honour * 1 Pet. â— 13 Hâ—â—e the King is called Supâ—eâ—e not the People and thoâ—gh said to be an ordinance of man in some respects yet St. Paul Râ—m 13. saith He is ordain'd of God 2. Governours are distinguished the King is supreme and Governors are sent by him and his Commission Besides it appears Gen. 3.16 and 4.7 God gave not to all men that freedom which is supposed the foundation of supremacie in the people He made them not Masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of whom the Commonalty consists and each individual nor the whole Commonaâ—ty can give him more power then himself hath But no man hath power over his own life neither arbitrarily nor judicially but onâ—y over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with their liberty and subjected to him and then God who only hath power of life and death invests the King with power to be the Minister of God to execâ—te vengeance not bearing the Sword in vain Rom. 13. See Dr. Hammonds Letter to the L. Fairfax Jan. 5. 1648. Thou shalt not speak ill of the Governour of the People therefore not accuse him The King hath no Superiour nor equal in England contrary to that false distinction of the Observator that he is Major singulis minor universis When David would have gone forth to Battel his Army disswaded it using these reasons If we flee they will not care for us nâ—ither if halfe of us die will they care for us But thou art worth ten thousand of us Here you see the King is reckoned major universis more than all his Army and yet that Army was at that time in effect all the well-affected of the Land and therefore by the Anarchical Principle aforesaid the only People of the Laâ—d for further proof hereof I appeal to all our Laws and Statutes how will they Try him Who shall Judge him who are his Peers that he may be Legally Tryed like a Freeborn man for sure they cannot deny him that right according to Magna Charta per legale judicium parium suorum It is a grounded Maxime in our Lawes The King can do no wrong wherefore then will they Try him for doing no wrong The policy and civility therefore of our Lawes and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency always accused his Evil Counsellours and Ministers and freed Himself lest they gave advantages to ambitious men Absalom-like to scandalize and dishonour him and render him low and vile in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land Saint Peter bids us Submit to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse will according to their 4th Antimonarchical Principle make the giddy ignorant tumultuous many-headed multitude Judges of their King and make the confused Rabble his Superiours thereby setting up two Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lawes and leave all to the power of the Sword in an Arbitrary way to carry on their designe to which purpose they have lately caused their Journey-men the present House of Commons to Vote contrary to our knowne Lawes That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchical Principle of the Army and their Party who wanting reason to prove it assert it by the Authority of their Mock-Parliament and must now make it good by the Sword to justifie their proceedings against the King and People These popular principles are meer empty notions whereby the Grandees draw the Supreme Authority thorow the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in the enjoying the fruits of their labours their goods possessions estates and their personal liberty according to the knowne Lawes of the Land When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that which was not their due to rob them of that which was their due their Horses Goods Money plundred from them for service of the State forsooth and beat them that defended their owne so that while he flattered them to be the Supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a few covetous ambitious men that desire to bring the King to capital punishment and subvert our fundamental Government and Lawes that have usurped the power of the Kingdome into the hands of their Faction and now require this to keep themselves from being called to account The second Demand tends to disinherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquit themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome thâ—s Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and will This is to shut the door after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their owne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the new erected Committee of State the hogen mogens at White-hall Thus you see having removed
out of the way the King the first and most visible legall Authority they will now put downe the Parliament the second visible Authority of England who are now the onely Bulwarke against the Tyranny of the Sword and then as Major White said at Putney long since there will be no visible Authority left in England but the power of the Sword which will introduce a new Parliament or rather fantastical new invented Representative destructive to Parliaments all of their owne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That nâ—ne shall be capable of Electing This is so explained by the Moderate one of the raling Pen-men of the Faction who hath a large share in the 500. or 600. a year allowed to these Pamphletires for divulging State-lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shall sign to the Agreement of the People which is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchical Principles in the beginning of this Paragraph nor any that oppose this Agreement By what Authority but the arbitrary sway of the Sword shall Freemen be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Law and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and we are their Slaves 3. That Elections may be so distributed as to render the House of Commons a Representative of the whole People that is tagge and ragge and Canting Beggers who have nothing to give or lose as well as Free-holders so farewel Writs of Summons and all orderly legal formes if all men without any distinction may Elect and be Elected all will fall into confusion the Rabble will never agree all things will tend to Riots and Tumults so that the better and soberer fort will and must forbeare and leave all in the hands of the Rascallity and at last no Representative will be chosen or such an one as the People will be ashamed to owne and will desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice how frequent Civil Warres are in all Elective Kingdomes during the interregnum or space between the death of the old and choice of the new King how obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland and heretofore Bohemia and Hungary tell all Histories are full of examples yet if our elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crowne Revenues be otherwise disposed of as is inferred and their Heads exposed to the humours of the People or their Representative the Office will be so unworthy of any wise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I do hereby give my voice to Cromwell the perfidious Brewer catch who catch can let them agree amongst themselves I care not which of the two shall be set up for the new States Scar-Crow This Remonstrance was about a Week after seconded with a most insolent threatning Declaration composed altogether to terror it was occasioned as followeth About the latter end of November the Parliament was informed the Army was upon their march to London whereupon not without great opposition by the Armies Party in the House and with great caution it should be mannerly phrased for feare of angring his insolency a Letter was Voted to be sent the Generall forbidding his neerer approach In contempt whereof the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to Westminster to doe what God should enable them unto The same night they came to Hyde-Parke-corner and kept Guards there Hereupon it was put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the cowardice of some whose hearts now began to melt and the impudent restlesse bawling of those cheating Saints that comply with the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Answer was debated and as a prologue to it young Sir Henry Vane a Whelpe of the Old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speak more plainly We shall discover who are the Kings Party in the House and who the Peoples To which was Answered That since this Gentlemen were so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in minde of another Division of the House Sir you will find some desirous of peace and they are Losers by the Warre Others are against peace and those are Gainers by the Warre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feete for till then the Ballance of the Common-wealth will never stand right towards a settlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principal Publican and Treasurer they get constantly above 6000 l. per annum between them besides private cheats by paying half Debts and taking Acquittances for the whole and then discounting for the whole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much wealth as makes him sawcy enough to hire William Lilly and other Pamphletiers to derive his Pedigree from John Holland Duke of Exeter although it be knowne he was originally a Link-boy but he is now one of the New Lights an illuminated Brother Master Pryn moved the debate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army but said Mr. Rich. Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the General took possession of White-Hall for his Quarters 20. The Generall
let the Saints now voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamental Government of the Kingdome Resolved c. That a Letter should be sent to the General and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The General and Councel of Warre in pursuance of this Vote 37. The said Agreement damned by the General and Councel of War and a Souldier shot by sentence for promoting it condemned one of the Agitators who promoted it and shot him to death at Ware you see what it is to do a thing unseasonably this Designe of the Army and their Party was not yet ripe wherewith they acquainted the House yet they kept in the same fire in the City still where some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter with a Petition into the House of Commons whereupon the House giving thanks to the General for the execution done at Ware and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Nov. 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed was read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho. Prince Cheese-monger and Sam. Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamental Government of the Kingdome Resolved c. That Jeremy Ives Tho. Taylor and Will Larner be forthwith committed Prisoners to the Prison at New-gate c. as last aforesaid in Terminis Afterwards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person who hath contrived abetted perswaded or entred into that engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments and fundamental Government of the Kingdome be elected chosen or put into the Office of the Lord Major of the City of London Sheriffe Alderman Deputy of a Ward or Common-Councel-man of the said City or shall have any voice in the election of any such Officers for the space of one whole yeare and be uncapable of any of the said Places yet now these petty Fellowes keep the whole City in awe 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of Warre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep until the beginning of November 1648. when to hinder the peace of this Kingdome and reliefe of Ireland the Jesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to break off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the General and his Councel of Officers though they had formerly shot a Souldier to death for prosecuting it unanimously approved it at Saint Albons November 16. 1648. and obtruded it upon the House the 20. Novemb. and when they found the House so resolute in the Treaty as to proceed they first seized the Person of the King and carried Him to Hurst-Castle as aforesaid and when the House at last closed up the Treaty with this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a settlement 40. Why they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted away at least 40. or 50. more leaving onely their owne Somerset-house Junto of 40. or 50. thriving Members sitting to unvote in a thin House under a force what had been voted in a full and free House To vote down the Kingly Office and House of Peers to vote the Supreme Authority to be in the People and in the House of Commons as their Representative clean contrary to their three last recited Votes To bring the King to capital punishment before a new invented illegal mixed Court consisting of engaged persons erected for that purpose that hath neither foundation by Prescription nor Law and to erect a Councel or Committee of States out of their number in the nature of Lords States General or Hogen Mogens with an unknown and therefore unlimited Authority to continue in being after the dissolution of this Parllament So farewel Kings Lords and Commons Religion Laws and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore onely to gull the People and carry on their designe About 19. Decemb. 41. Diverse Lords doe homage to the General and wave their honours divers Lords went to do homage to the General to expresse their good affections to him and their concurrence with him for the Common good and their readinesse to wave their priviledges and Titles if they shall be found burdensome to the liberty of the People and had a gracious nod for their paines About this time the Lords and Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following to this effect 42. An Ordinance to curb the City in electing Officers That no Person that hath been imprisoned or sequestred rightfully or wrongfully or hath assisted the King against the Parliament in the first or second Warre or hath been aiding or assisting in bringing in the Scots Army to invade this Kingdome or did subscribe or abett the treasonable Engagement 1647. or that did ayde assist or abett the late Tumult within the Cities of London and Westminster or the Counties of Kent Essex Middlesex or Surrey shall be elected chosen or put into the Office or Place of Lord Mayor of London Alderman Aldermans Deputy Common-Councel-man or into any office or place of trust within the City for the yeare ensuing or be capable to give
your Lordship or your Officers Judges I therefore desire to know from your Lordship what kind of Prisoner I am and whose If a Prisoner of peace neither your Lordship nor your Officers are any Justices of peace or Civill Magistrates in this place to restrain me for any civill crime were I guilty of it much less without proof or hearing in case I were no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least without the Houses licence first obtained If a Prisoner of Warre which I cannot probably be being never in Arms and apprehended neer the Commons House door going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknowledge That you have levied Warre against the Parliament and its Members and what capital offence this is and what a punishment it deserves I need not inform your Lordship or your Councell who have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himself I have but one thing more to trouble your Lordship with and that is to demand whose Prisoner I am having yet seen no Warrant nor Order from your self or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or Warrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Laws to order your Attourney to give an Appearance for you in the Kings bench the first return of the next Tearm to an action of false Imprisonment for this my unjust restraint which I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours which I conceive who yet abuse your name and authority herein though it be a rule in Law and Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers who have been most active in my Imprisonment for damage and reparations which if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publick cause which so highly concerns the honour freedom and Priviledges of Parliament and Subjects Liberties for defence and maintenance whereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I now again engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as willingly forgive and put up private injuries when the publike is not concerned as any man All which I thought meet to inform your Lordship of whom I am heartily sorry to see so much dishonoured abuâ—ed and misled by rash ill-advised Officers and dangerous destructive and I dare say Jesuitical Councels to the Parliaments dissipation the Kingdoms prejudice Irelands loss most good mens and Ministers grief your best Friends astonishment your Enemies and the Papists triumph our Religions scandal and your own dishonour which I beseech you as an Englishman a Christian a Professor of piety and Religion a Souldier a General to lay sadly to your heart as the earnest request of From my Prison at the Sign of the Kings Head in the Strand 3. Jan. 1648. Your Lordships faithful Friend and Monitor William Pryn. * An Additional Postscript VVE reade Luke 3.14 that when the Souldiers demanded of John Baptist saying and What shall we do he said unto them Do violence to no man or put no man in fears neither accuse any falsly and be content with your allowance not imprison depose or murther Kings pull down Parliaments imprison violently shut out and drive away Parliament men and then lay all false accusations and scandals upon them to colour your violence subvert Kingdoms alter States break all bonds of Laws Oaths Covenants Obligations Engagements to God and Men usurp all Civil Military and Ecclesiastical power and the Kings Royal Palaces into your own hands as supreme Lords and Kings raise what new forces and levie what new Taxes you please take up what Free-quarters and Houses seize and plunder what publike Treasuries monies you please without Commission or Authority obey neither God nor Man neither Parliament nor Magistrate and be content with nothing but alter and subvert all things These are Saint Peters new doctrines and Revelations to our Officers and Souldiers now those Jesuits who lurk amongst them not John the Baptist whose Canonicall advice is now rejected as Apocryphall even among the Army Saints who preferre every ignis fatuus though from Doway or Râ—me it self before this burning and shining old light and are guided onely by a new minted law of pretended providence or necessity of their own forging and not by the revealed will and law of God the sacred light whereof their present works of darkness dare not approach lest they should be reproved and condemned by them But some 43. Actions of false imprisonment by the imprisoned and 150. Actions of the Case by the secluded Members brought against these domineering lawless Officers and Grandees of the Army wherein good Damages will be recovered and some 12. Indictm of High Treason against them for laying violent hands upon the Kings Person and the Members and leavying War against the Parliament will teach them more obedience humility and modesty then either John Baptist Saint Paul Saint Peter or Saint Peters will do and be like Gideon thorns and briers of discipline to these men of Succoth with whom no fair means will prevail who might have learned so much law and justice from a Heathen Souldier and Governour Festus Acts 25.27 It seemeth unto me unreasonable to send much more to commit a Prisoner and not withall to signifie the crimes laid against him and come short of that ingenuity of the heathenish chief Captain who seized upon Paul thereby to appease the Tumult at Hierusalem Acts 22.27 29. who as soon as ever Paul told him he was a Roman Free-born then straight way they departed from him who should have examined him and the chief Captain also was affraid after he knew that he was a Roman and because he had bound him And should not false imprisoning of a Parliament-man Free-born English-man be as formidable to our chief Captains being a Christian I say sworn and vowed to defend the Houses Priviledges and Members Persons as the Imprisonment of a Roman was to this chief Captain and they as ingenious and just as he who shall rise up in judgement against them and condemn them at the last I shall close up all with this observation That as the most glorious Angels in Heaven when
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge him to be lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. Exact Collect. p. 16 19 21 59 66 83 102 103 118 123 125 141 142 143 173 180 195 219 259 281 307 380 312 360 376 457. A Collect c. p. 13 18 41 43 44 49 51 61 64 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed You never intended the least hurt injury or violence to the Kings Person Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to his Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern that is depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation They declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. R. 2. n. 1. 2. R. 2. n. 1. 3. R. 2. n. 1. 4. R. 2. n. 1. 5. R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. H. 4. n. 28. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. Sec 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39. H. 6 c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2 dorso clauso 6. E. 3. m. 4. 6. E. apud Westm. Parl. 2. n. 1. 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reign without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Jan. 1648. with much ado got printed their Vindication against the Aspersion cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament and to this end they stand commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemn Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of
the Parliament and the Liberties of the Kingdom and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdom they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded and drove away many of the Members the Question is Whether this Action be Justifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to thiâ— Parliament 4. To set up a new Representative of their own which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentions for publick good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Laws of God and the Land under which they live and which they are engaged to maintain we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The agreeement of the People which is lower in demands than these which they call Honest intentions for publick good was condemned by the Army The promoting it in the Army judged mutinous and capital Col. Rainsborough and Major Scot complained of in the House for appearing in it and-the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or principle is Extraordinarie Necessity for the same end To this we say 1. The Armie made the same plea of necessity in their Remonâ—â—rance June 23. 1647. upon quite contrary grounds to what they exp ess now and both to justifie the same viol nt proceedings against the Parliament then when the King was seized upon by a party of the Armie without Order from the House and the Army advanced against the Parliament They say in their Letter to the House July 8. 1647. There have been several Officers of the Army upon several occasions sent to his Majestie The first to present to Him a Copie of the Representations and after that some others to tender Him a Copie of the Remonstrance Vpon both which the Officers sent were appointed to clear the sence and intentions of any thing in either paper Turn back to sect 2. and see my Animadvers upon the Army 20 Nov. 1648. p. 4 5 6 7. whereupon his Majestie might make any Question There the Army treated with the King yet now they offer violence to the Parliament for treating with the King Then in their Remonstrance 25 June 1647. they say We clearly profess we do not see how there can be any peace to this Kingdom firm and lasting without a due consideration of and provision for the rights quiet and immunities of His Majesties Royall Family and his late partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliament thought it not reasonable the King should be sole Judge of publike necessity in case of shipmony Return to sect 18. where I set down six of their Principles though he hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this general plea of Necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publike Necessity 2. This principle Necessity is destructive to all Government for as the General Officer urgeth necessity for acting against the Commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the Commands of his General The Souldiers ' gainst their Officers any other 20000. men in this Kingdom against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons have their Authority from the Writ of Election though their election from the people See the Writ Cromton's Jurisdict of Court Tit Parliamen The Commons in Parliament are not accountable for the use of their trust to any but the House being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising voting and assenting according to their judgements not according to the judgements of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5 before we enter upon them the summe is In all new Elections there were 2. Independents chosen for one of any other principles Independents were then Commissioners for the Great Seal and delivered Writs to men of their own Party who had the advantage to keep them and chuse their own time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections That by the endeavours of some old Malignant Members and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unless the major part of the House were alwaies such and before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections and were chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They would neither go for Ireland themselves nor suffer others to go 1 part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by
recalling the Lord Lysle from his command there and putting the best part of the said Kingdom and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Native Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we â—ay the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there and less means to relieve them the Lord Lysle was not recalled from his Command there This Lo went late caried over 160000 l. for which he hath not yet accounted began a quarrell with Inchiqueen and put him into discontent and then returned See the Irish Letters and Papers to the the House in print but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles return for England the Lord Inchiquine did gallant service against the Rebels took many strong Holds from them and won the Battel of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituted for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appear 2. Their endeavours to bring in the King upon His own Tearms without satisfaction and security to the Kingdom vâ—z upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable and by Ordinance 17. Decemb 1647. put an incapacity upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honorable employment for the Forces of the Army to prevent such high distempers as have since ensued See my 1. part sect 16. 17. 18. and my said Animadversions pag. 2. neither were they legally impeached See Ardua regni or twelve arduous doubts written in defence of the expulsed Memb and the sa d Members Ans to the Armies Charge 3. That they endeavoured to protect the 11. impeached Members from justice and with them to raise a new Warre To this we say we gave them no other protection than the Laws allowed them For the mispending 200000 l. designed for Ireland we say that 80000 l. thereof was paid to Nicholas Loftus and others for service of Ireland and above 50000 l. to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who nevertheless pressed upon the House the more earnestly for their Arrears after the Declarations and Remonstrances published by the Army for paying the Arrears of all the Souldiers of England 4. Their countenancing abetting There was a close Inquisition of Godly Cut-throats purposely chosen to examine this Tumult which proceeded illegally and used so much foul play as to accuse men upon characters of their clothes persons yet malice it self could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we do every one of us for our selves respectively deny 5. The holding correspondency engaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We do every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See wh t uâ—e they make of provid nce in the 1. part of Englands new Chains and formed to serve the Kings corrupt Interest why did they force from the House above 200 Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upon them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a settlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdom yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Design in bringing in the King Do they call their threatning Declaration and Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appears that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such Proportions as they and the two Houses shall agree 2. He disableth them to bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War That the King protected Delinquents from justice And all that the House desired in the Propositions presented to him at Oxford Febr. 1642. was That His Majesty would leave Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My Trust I have a trust committed to Me by God by old and lawfull descent I will not betray it to answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first comming hither you would have known by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therfore let Me know by what lawfull Authority I am called hither I do stand more for the Liberty of My People then any here that come to be My pretended Judges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Bradsh Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledg of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will do it to the last breath in My body As it is a sinne to withstand lawfull Authority so it is to submit to a Tyrannical or any otherwise unlawfull Authority Bradsh The Court expects your finall Answer and will adjourne till Munday next Brutish we are satisfied with our Authority that are your Judges and it is upon Gods Authority and the Kingdomes and that peace you speak of will be kept in doing Justice and that 's our present work So the Court adjourned and the King was conducted back Note They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Justice Justice when the King was remanded thinking all the rest of the people would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Justice Whether this were the first day or afterwards I know not The King only saying My Saviour suffered more for my sake wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday January 22. 81. The second daies Triall of his Majesty The KING was brought again to His Tryall Solicitour Cock May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a charge of high Treason and other High crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of confession or Negation which if He shall refuse to do That the matter of charge may be taken pro confesso and the Court may proceed according to Justice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a charge read against You c. You hear likewise what was prayed in behalf of the People That you should give an Answer to that charge You were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and capitall Misdemeanours wherewith You were then charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that you do give a positive and particular Answer to this Charge exhibited against You they expect you should either confess or deny If you do deny Without any Law President rationall debate or Arguments to prove it Oh brutish Tyranny it is offered in the behalf of the Kingdome to be made good against You Their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therfore You are to give a positive Answer King When I was here last its true I made that Question and truly if it were only my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction upon Earth but it is not my case alone it is the Freedome and the Liberties of the People of England and do you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamental Lawes of the Kingdome I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against me here and therfore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do I shall tell you My Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You do is not agreable to the proceedings of any Court of Justice False You are about to
enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisoner 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 do plead for the Liberty of the people of England more then you do and therfore If I should impose a beleefe upon any man without Reasons given it were unreasonable Bradsh Oh Brutish Asinine Kingdome to be Governed by an up-start Authority without 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 do not know how a King can be a Delinquent but by all Laws that ever I heard all men may put in Demurrers against any proceedings as Illegall and I do demand that if you deny that you deny Reason Bradsh Over-rule a Demurrer without Argument If a man may not Demurre to the Jurisdiction 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 demurr to the Jurisdiction of the Court if You do 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 Jurisdiction of the Court they have considered of their Jurisdiction they do affirme their own Jurisdiction King I say Sir by your favour That the Commons of England were never a Court of Judicature 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 do 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 do require that I may give My Reasons why I did not Answer and give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Jurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I took defended My selfe with Armes I never took up Armes against the People but for the Laws Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d. daies Trial of His Majesty Tuesday January 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cook May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Bar before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Sandard for Warre against his Parliament and People and I did humbly pray in behalf of the People of England That he may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Jurisdiction of the Court which the Court did then over-rule and command Him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgement against Him I might presse your Lordship upon the whole That according to the knowne rulâ—s of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the charge given against him whereby he may come to a faire Triall that by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the emnant â—f the House of Comm. had fâ—rejudged the King before they â—rected this new Court to sentence him and claime a Jurisdiction as well as a Sâ—preme Authority That the House of Commons the Supreme Authority and
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho. Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennis Bond Esq Humph. Edwards Esq Gregory Clement Esq John Fray Esq Tho. Wogan Esq Sir Greg. Norton Serj. John Bradshaw Col. Edm. Harvey John Dove Esq Col. John Venn John Foulks Alder. Thomas Scot. Tho. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 85. Observations upon the tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating Tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a civil Martyr dying for the Liberty of the people And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. February Cromwell and Ireton and their canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their requests are commands to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains sub fine And the Hunting of the Foxes c. although no Members of the Army they must have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodomus that Type and figure of him John of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were sent to the Presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he intended to deliver in Writing on Monday Jan. 22. 1648. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation HAving already made my Protestations not only against the Illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe to God in the preservation of the true Liberty of my people will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denyed I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lye against the KING they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamental Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speak not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
weather-cock John Goodwin of Coleman-sireet the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed John Besides I hear that for some nights a-Guard of Souldiers was kept within His Chamber who with talking clinking of Pots opening and shutting of the door and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering and amazing Him with want of sleep they might the easier bring Him to their bent 28. January being the last Sabbath the King kept in this life 90. A Paper-book of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-book with promise of Life and some shadow of Regality as I hear if He subscribed it It contained many particulars destructive to the fundamental Government Religion Lawes Liberties and Property of the People One whereof was instanced to Me viz. That the King should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same General and Officers with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they think fit and to settle a very great Tax upon the people by a Land-Rate for an established Pay for the Army to be collected and levied by the Army themselves and a Court-Martial of an exorbitant extent and latitude His Majesty as I hear read some few of the propositions and throwing them aside told them He would rather becom a Sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Commonwealth and the Honour of his Crown to so intolerable a bondage of an Armed faction 91. The Sâ—ile and Title of Custodes libertatis Angliae voted to be used in legal proceedings in stead of the styâ—e of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madness in an Act for better setling proceedings in Courts of Justice according to the present Government Dated 17. Feb. 1648. Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Anthority of the same that in all Courts of Law Justice and Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Processe and Proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. in stead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Teste or Title Custodes libertatis Angliae authoritate Parliamenti shall be used and no other and the Date of the year of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Juratores pro Domino Rege they shall be Juratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publican All Judges Justices Ministers and Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custom to the contrary notwithstanding Another device to mortifie the King c. The King lay in White-hall Saturday the day of his Sentence and Sunday night so near the place appointed for the separation of his Soul and Body that He might heare every stroak the Workmen gave upon the Scaffold where they wrought all night this is a new device to mortifie him but it would not do Tuesday 30. Jan. 1648. was the day appointed for the Kings Death He came on Foot from Saint James's to White-hall that morning His Majesty coming upon the Scaffold made a Speech to the People which could only be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts near it and from their Pennes only we have our Informations His Majesties Speech upon the Scaffold and his Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see clearly that they began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdom Souldiers Rebelling against their Master or Sovereign though they prevail cannot claim by Conquest because their quarrel was perfidious base and sinful from the beginning But I must first show you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever finde was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrel that you have that makes it unjust in the end that was just in the Beginning But if it be only matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but only a National Synod freely called freely debating amongst themselves must settle
this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a Share in the Government that is nothing pertinent to them a Subject and a Soveraign are clean different things and therefore until you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See Sect. 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the Impudence to answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had his Head severed from his Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Pettyfoggers Braâ—shaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever do presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chief Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Laws
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any Witnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to do We do hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70 71 76 77 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Justice of it selfe and having no power to hear and determine any civill or criminall causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe 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 aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York 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 Regal 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 and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains 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 return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Judges of the force Treasonable they deny they sit now under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
afteroon they having already in their wills and power to dispose of the Kings Queens Princes Dukes and the rest of the Childrens Revenue Deanes and Chapters Land Bishops Lands Sequestred Delinquents Lands Sequestred Papists Lands Compositions of all sorts amounting to Millions of money besides Excise and Customes yet this is not enough although if rightly husbanded it would constantly pay above one hundred thousand men and furnish an answerable Navy thereunto But the people must now after their Tradeâ— are lost and their Estates spent to procure their Liberties and Freedoms be Assessed about 100000 l. a Moneth Master Boon a Member of the House lately a Tapster hath 6000 l. given him Sir Arth Hazelrig 3 great Manours Bishops-Aukland Evâ—r-wood and another Col. Bâ—rkstead the pitiful Thimble and Bodkin Gold-smith bought as much Bishops Lands as cost 10000 l. at two or three years purchase and hath already raised his money that so they may be able like so many Cheaters and State-thieves to give six eight ten twelve fourteen sixteen thousand pounds a piece over again to one another as they have done already to divers of themselves to buy the Common-wealths Lands one of another contrary to the duty of Trustees who by Law nor equity can neither give nor sell to one another at two or three years Purchase the true and valuable rate considered as they have already done and to give 4 or 5000 l. per annum over again to King Cromwell as they have done already out of the Earl of Worcesters Estate c. besides about 4 or 5 l. a day he hath by his Places of Lieu. Generall and Colonel of Horse in the Army although he were at the beginning of this Parliament but a poor Man yea little better than a Beggar to what he is now as well as others of his Neighbours 147. A Petition in behalf of Io Lylburn and his company 2. Aprill 1649. A Petition subscribed by divers Persons in behalf of John Lilburn and his company was presented to the Commons wherein amongst other things are contained these three just demands 1. That no man be censured condemned or molested but for the breach of some Law first made and published to the People whereby is avoided that uncertainty and howerly hazard that otherwise every man is subject to both in respect of his Estate Liberty and Life 2. That every crime have not onely its penaltie annexed hut together therewith the manner and method of proceedings ascertained 3. That the execution of Laws be referred to ordinary Magistrates and Officers by Law deputed thereto and that the Military power be not used but where the Civil is so resisted as that of its own strength it is deficient to enforce obedience 148. Itinerant Ministers an invention to undermine our Orthodox setled Ministers and infect the people with Schismes and Anarchicall principles sutable to the many-headed tyranny of the Grandees Aprill 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deans and Chapters Lands to maintain supernumeracy Itinerant Ministers who should be Authorized to go up and down compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the rascall multitude and schismaticall rabble against all men of best quality in the Kingdom to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Laws and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdom of the Saints upon the ruines of our ancient Monarchy These men like Balaam shall bless and curse for hire and vent State-news State-doctrine and poison the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helm they shall cousen the people with pretended Illuminations Revelations and Inspirations and pour out all the Vials of Gods wrath amongst them Cromwel and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdom were arrived to that height of impudence as to endeavour to cheat them all over again they had by murthering the King abolishing the House of Lords putting an execrable force upon the far major part of the House of Commons making themselves and their Party a tyrannical Councel of State to usurp the Supreme power and Government endeavouring a Toleration of all Religions attempting to take away Tithes See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl. and Army And A seasonable Caution to the City of London printed at the latter end of Relation and Observations Hist and Pol. c. mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendom to defend the common Interest of Kings now controverted in England This cloud threatned to pour down a new War upon them to provide a remedy therefore for this sore Cromwel moved in the House of Commons That the Presbyterian Government might be setled promising his endeavors thereto but whether he meant a Classical or Congregational Presbytery which differs little or nothing from Independency he did not declareâ— and here lyeth the fallacy he likewise moved That the secured and secluded Members might again be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshal Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civil Interest which was more irreconcileable than that Interest of Church-Government whatsoever shew was made to the contrary They will not endure to hear of the KING' 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Son of clemency and abstinency from revenge contained in His last Book The Pourtraicture of His Majestie These things will both apologize for our young King and condemn our bloody vindicative Saints That the Presbyterians as well as the Independents made War against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would look upon
broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Colledge And by John Goodwin the sophistical Divine which is fully conâ—uted in A Religious Demurrer concerning submission to the present power an excellent peece but what the Sword gave To this the honest Lievtenant Colonel answered Mr. Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or four honest men and rob them that act is righteous because they are the stronger Party And if any power be a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man in resisting and fighting against a just power in the King who was a power up and visible fenced about with abundance of Laws so reputed in the common acceptation of Men by the express letter of which all thâ—se that fought against him are ipso facto Traytors and if it were not for the preservation of our Laws and Liberties why did the Parliament fight against Him a present power in being and if there be no Laws in England nor never was then you and your great Mâ—sters Cromwel Fairfax and the Parliament are a pack of bloody Rogues and Villains to set the People to murder one anâ—ther in fighting for preservation of their Laws in which their Liberties were included which was the principal declared Cause of the War from the beginning to the end I thought quoth the Lievtenant Colonel I had been safe when I made the known Laws the rules of my actions which you have all sworn and declared to Defend and make as the standard and touchstone between you and the People * The Laws are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lyes not therein their minds may change and then where are you I but quoth the Lievtenant Colonel I cannot take notice of what is in their minds to obey that but the constant Declaration of their minds never contradicted in any of their Declarations as That they will maintain the Petition of Right and Laws of the Land c. This was the substance of their discourse saving that John pinched upon his great Masters large fingring of the Common-wealths money calling it Theft and State-Robbery and saying That Cromwel and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summ of this Debate to thee that by comparing their doctrine and principles with their daily practices thou mayst perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign under pretence of defending our Laws and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sun pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegal and bloody Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King break the Parliament by hostile force put down the House of Lords erect extrajudicial High Courts of Justice to murder Men without Trial by Peers or Jury or any legal proceeding to subvert the fundamental Government by Monarchy and dispossess the right Heir of the Crown and to usurp his Supreme Authority in a factious fagg-end of the House of Commons to put the Kingly Government into a packed Junto of forty Tyrants called A Councel of State to exercise Martial Law in times of peace and upon persons no Members of the Army to raise what unnecessary illegal Taxes they please and share them and the Crown Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free-quarter to alter the Styles of Commissions Patents Processe and all Legal proceedings and intoduce a forraign Jurisdiction to Counterfeit the Great Seal and Coin of the Kingdome and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons is High Treason by the known Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speak against these crimes Good God! how long will thy patience suffer these Fools to say in their hearts there is no God and yet profess thee with their mouths to break all Oathes Covenants and Protestations made in thy Name to cloak and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived sensless Trees and torn brute Beasts that serve thee according to their Creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in War Turn the Councels of the wise into folly let the crafty be taken in their own net and now at last let the Oppressed taste of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeal to thee as Author of their prosperous sins become Lord Author of their just punishments bestow upon them the rewards of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my self stand in need and seek to ripen thy vengeance before thy time Shall the Pot ask the Potter what he doth I beheld the prosperity of the wicked and my feet had slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May 30. 1649. The aforesaid Trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of slaves was proclaimed in London by the newly intruded illegal Lord Mayor Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them until some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Trial of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of
England although I dare say at least five hundred to one if they were free from the terrour of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Power of the Nation under them This was purposely so contrived to ingage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publick disclamour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegal Common Councel newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designs and intangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrews Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharisaical House of Commons voted an Act June 1. 171. A Thanks-giving Dinner in the City for the General c. for a day of Thanks-giving to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councel of State the General and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for the Relief of Ireland to ingage the City farther to them Cromwel had the Chair in that Committee the device was that the Common Councel should invite the Parliament Councel of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the Thanks-giving white-broth and custard had been bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast down with another for the glory of his own Name and that he might have occasion to purge the Army as he had done the Parliament of all free-born humours 172. The Councel of State sit in pomp at White-hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councel of State sit in as much state and splendour with their Rooms as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majeâ—ty were but Mâ—chanicks Gold-smiths Brewers Weavers Clothiers Brewers Clerks c. whom scornful Fortune in a spiteful merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turn them into the Tyring Room out of their borrowed cases and shew us that our Lions are but her Asses The Kings poor Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the Kings Goods to pay their Debts they poor Souls are left to starve while these Saints Triumphant revel in their Masters Goods and Houses 173. A general survey to be taken of the whole Kingdome that every mans Estate both real and personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans estate real and personal wherein good progress hath been made already the like is to go forth throughout the Kingdome That our forty mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Nation may take an exact survey in imitation of William the Conquerors Book of Survey called Domes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of June 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to inable Committees to give Oaths in some cases and yet the House of Commons never had nor pretended to have power to give Oathes themselves though every Court of Py-p wders hath because the House of Commons is no Court of Judicature but only the Grand Inquest of the Kingdome to present to the King the grievance and the necessities of the People by way of humble Petition as appears by the Law-books and Statutes and therefore the Commons can grant no more than they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintain it they and we must be what they please yet I must affirm that to take illegal Oaths is never justifiable before God nor Man and no less than damnable But it may be that by accustoming the People to take these new-imposed illegal Oaths they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their own Damnation together hereafter All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saint-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would finde money enough The like attempt onely in the Kings time was cried out upon as a high piece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glass of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and down like our own Ghosts who having lived under the Monarchy of Good King CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. June 176. The aforesaid Thanksgiving solemnized 1649. the Thanks-giving spoken of Sect. 172. was solemnized in the City The Lord Mayor meeting the Speaker resigned to him as formerly was used to the King the Sword of State as had been ordered by the House the day before and received it again from
be again set and knit together Dictum de Kennelworth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in War 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchester being yet unpardoned 6. That voluntary sent against him or the Prince 7. The officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three years five years value and half their estates of Land If they sell it such as are by the Kings grant possessed of them to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay half to have half If in three years the whole be unpaid the Land to be divided between him that ows it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during the War have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be acquitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remain where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the battel of Lewis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man possest of wood to fell any but onely for repair till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeal to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of the Fines to provide for them 10. The Legate King and Henry d'Almain to Elect twelve who should eause these Articles to be executed and to see performed what they ordain according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenents that were against the King to lose their Leases but at the expiration of their time the Land to return to the true owner 12. Forts built by the assent of the King but without that of the Person dis-inherited after the Fine paid in three years to pay the costs of building of it in six years or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entred Northampton yet fought not but entred the Church 16. Such as held not of the Earl yet at his command entred to the action with him to pay half one years Revenue 17. Such as held of the Earl to be only at the Kings mercy 18. Impotent persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punish'd by Law yet without loss of life or limb 19. Maliciously accused to have their Estates immediately restored 20. Women to have their own Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been pardoned to remain so 23. Those that are fined to answer no Loss done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publick Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed You see what great care was here taken to prevent spoyl and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. June 178. The loss of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admiral Col. Edw. â—opham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland who proving honester than the Saints expected took a summe of money of him to betray the Town Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livery and seisin and divers Ships he was commanded to conceal this ill news lest it discouraged the City to engage so far with them as to entertain them in the condition of a Free-State and surrender the Sword to them and so spoil the Design of
themselves though they prohibit others But Gold and Silver are drawn out of Mines Royal and belong to the Saints by their Prerogative 5. An Act to be passed for punishment of Revolted Sea-men and Mariners None against traiterous tyrannous theevish Saints 6. An Act for relief of wel-affected Tenants against Malignant Land-lords who have compounded for their Estates rack their Tenants Rents or turn them out of doors This is a device First to make work for such Members as not being of the Councel of State would become as contemptible as they are hateful being devested of all power to play the Tyrants after Adjournment And secondly to stir up all the Tenants of England especially Schismaticks to combine with them against their Land-lords and deprive them of the legal use of their Estates and the benefit of their Compositions for to what purpose shall Gentlemen compound for their Estates when they must let and set them at the discretion of domineering Committees or Commissioners conspiring with the high Shoos to oppress make a prey of enslave and unspirit all the Nobility and Gentry of England here aimed at under the general Title of Malignants Oh perfidious Tyrants keep your money Gentlemen or turn it into Iron and Gun-powder 7. An Act to suppress Malignant Pamphlets aspersing the present proceedings of the Parliament Councel of State and the Army and prevent Printing as much as may be This is to set truth in the pillory whilst her counterfeit impudent lying and slandering sits in state in Parliament Councel of State and Councel of Officers and rides triumphantly Coached into the City to Thansgiving Devotions and Dinners 8. That the Pulpits being as scandalous as the Press against their proceedings they enjoyn that a more strict course be taken to stop the mouthes of the Preachers hereafter You see how Ahab-like these Subverters of Church and Common-wealth 1 King 18.17 accuse our Prophets for troubling our Israel being their own sin and seek occasion to bring a spiritual as well as a corporal famine upon the Land cutting off the staff of bread as well from our souls as bodies by stopping the mouths of Gods Ministers But I hope they will remember the duty they owe to the honour of him that sent them upon his Embassage to his people and fearing God more than Man every man cry out to his own soul and conscience with S. Paul 1 Cor. 9.16 Vae mihi si non praedicavero Woe be to me if I do not Preach 9. That an Act be passed that that clause of the Stat. 23. Eliz. 25. Eliz. 1 Jac. against Sectaries should be repealed that none may be questioned thereby in the vacancy of Parl. What is this but to pray in aid of Turks Jewes Anabaptists of Munster nay the Devil himself to joyn with them as they have already joyned with Owen Roe Oneale and his bloody massacring Irish Papists against the Protestant Religion which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning See Sect. 184. the Marginal notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the Kingdom of these bloody cheating Saints in all things else we are meer and absolute slaves 10. That an Act for a General Pardon be passed to all Persons except such as are particularly named therein and declaring no Pardon to any that shall for the future raise War in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villanies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befool silly weak-spirited people with general words of a Pardon which shall be made ineffectual by many exceptions and limitations 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councel of State and therefore all Pardons to such Attemptors are before-hand declared against This with them is as a sin against the Holy Ghost unpardonable to deny their Supreme Arbitrary Authority 11. That the Act for relief of poor Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a relief to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdom be made liable to the vexation of a covetous Committee who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men if they will not sacrifice their purses to the Foh-Gods of the new State and be bountiful to the Committee which is the full scope of this Proposition 12. That the Souldiers may be secured their Arreares out of the late Kings Lands This is to tie all the Souldiery by the purse-strings which is Saints Tenure to make good that horrid trayterous Murther 13. That an Act be passed for Probate of Wills Granting Administrations and investing of Ministers presented These lunatique Saints should have thought upon a new way to be set up before they throw down the old one and not have left men in an uncertainty how to dispose of their Estates and a Justitium a vacancy of Justice upon the Kingdom you see what Mountebanks our new State-Juglers are The good Boyes began to learn these Lessons upon Monday 25. June 190. Things undertaken by the Councel of State during the Recess The Councel of State likewise reported to their said Free-School of Commons several things which they in order to their future greatness would put into a way during the Recess against the Houses next meeting when two Sundays come together 1. That Commissioners be appointed in every County to make an estimate of all Tythes to the end they may be taken away for the future and some other provision designed for Ministers This is a whip and a Bell to lash Ministers to Preach State-Divinity 2. That the Councel of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shal think fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers well-affected to the Parl. they will never be dissolved without the help of a Hangman But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councel of State and usurping Regal power shall take upon them to abolish our ancient form of Parliaments contrary to the fundamental Laws of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Laws Liberties Lives and Estates against the consent of the far major part of the people 3. That they shall consider of an Act for regulating proceedings in Law and prevent tediousness of Suits There are too many
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a month before He dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn by this Dray-man This fellow sitteth frequently at the Sessions house in the Old Bayly where the weight of his Slings turneth the scale of Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
c. That they may transport the whole wealth of the Land with them and leave England naked disarmed and oppressed with famine and disabled to pursue them for revenge or recovery of their losses 214. More gifts to the Faction The said Commons are never wearied with exercising their bounty amongst their own Faction out of the publique purse about 1300 l. to Col. Fielder to Scobell their Clerk heretofore a poor under-Clerk in the Chanery who writ for 2 d. a sheet besides an employment he hath already in the sale of publique Lands worth 1000 l. a year a Pension of 500 l. a year and a Noble Fee for every Copy of an Order taken forth toties quoties although most of their Orders contain not above three or four lines an extortion far surmounting the Star-Chamber or Councel-Table of which themselves so much complained the Diurnal tells you Numb 319. from Monday Sept. 3. to Monday Sept. 10. an Act was read for satisfying the suffâ—rings of two Members who have been in the late War damnified many thousands these I conceive to be Sir Tho Jervys and Mr. Robert Wallope this satisfaction must be made out of the publique purse which must be filled by Taxes again out of their private purses who have lost as well as they without satisfaction or hopes of satisfaction notwithstanding many Votes that all should be satisfied 215. O Cromwel reduceth Iones's own Regiment and other Regiments in Dublin Let Sir C. Coote and his Regiment in London-Derry expect the like O Cromwel hath reduced the Officers in Col. Jones his Regiment and other Dublin Regiments notwithstanding their valour and fidelitie shewn in raising the Siege of Dublin you see he will trust none but his own immediate Creatures this Faction casts out all other men as Quicksilver spues out all other mettals Gold excepted so that by this and many other examples they may see that all their faithful services and bloodshed are poured into the bottomlesse tub of oblivion as their Arreares are cast into the bottomlesse bagg of the Publique Faith 216. A violent irruption of the Parl. Janisaries upon the Protestants at Church in St. Peters Paulswharf Sunday morn 9. Sept. 1649. Sunday 9 Sept. 1649. At the Church of Saint Peters Pauls-wharfe Master Williams reading Morning Service out of the Book of Common-prayer and having prayed for the KING as in that Liturgy established by Act of Parliament he is enjoyned Six Souldiers from St. Pauls Church where they quarter came with Swords and Pistols cocked into the Church commanding him to come down out of the Pulpit which Williams immediately did and went quietly with them into the Vestry when presently a party of Horse from St. Pauls rode into the said Church with Swords drawn and Pistols spanned crying out Knock the Rogues on the Head shoot them kill them and presently shot at random at the crowd of unarmed Men Women and Children shot an old Woman into the head wounded grievously above forty more whereof many are likely to die frighted Women with Child and rifled and plundred away their cloaks hats and other spoils of the Aegyptians and carried away the Minister to White-hall Prisoner You see these Hereticks Schismaticks and Atheists that cry so loud upon Liberty of Conscience for their own Blasphemies will allow no Liberty of Conscience to Protestants notwithstanding their Doctrine and Form of Service is ancient allowed and commanded by known Laws and approved of by all the Reformed Churches of Christendom This strongly argues a Design in the three Kingdoms to root out Protestancy as well as Monarchy carried on by a conjunction of Councels Forces between that Triumvirate of Rebels O Neal O Cromwel and as many wise men think Argyle who would not otherwise keep the Scots from complying with the KING upon modest and moderate terms such as shall leave him in the condition of a Governing King able to protect His People from injuries at home and abroad without which he is but magni nominis umbra the shadow and May-game of a King Observe this provocation was put upon the City when an Artificial Mutiny was raised at Oxford This Mutiny was not begun by Levellers and against the Great Horse-race appointed to be at Brackley the 11. September to draw both City and Country to joyn with the Mutineers and then the Soldiers should have made their peace by themselves and have left the rest to the mercy of the State to raise more money upon them for O Cromwels expedition in Ireland who hath writ for more Recruits of Men and Money Those bloody Saints that accompanied O Cromwel into Ireland to make that Kingdome as miserable and slavish as they have made this doe now poure forth the blood of their own bowels in great abundance 217. O Cromwel's men sick in Ireland Gods vengeance having visited most of them with the bloody flux whereof many die But this is a secret that must not be known to the Ungodly and therefore O Cromwel and his Councel of War at Dublin have made an Order Declaring That if any Person residing within the Garrison of Dublin whether Inhabitants or Souldiers shall upon pretence of writing to their Friends signifie the Transactions of the Army between O Neale and O Cromwel it may be or their Engagements with the Enemy so as to set forth their Success or Loss until first the General or Councel of War have signified falsified the same to his Parliament of England they shall incur the breach of the Article against Spies and be accordingly punished with Death c. Here you see O Cromwel in the first Year nay in the first Moneth of his reign sets up a military tyranny in Ireland to which all People as well not Souldiers as Souldiers must submit their lives and fortunes and the writing of news to their Friends of England whereby their Lies and Forgeries may chance to be contradicted shall be construed to be a Breach of the Article against Spies not because Reason aâ—d Truth or the Customs of War calls it so but because the Sword puts this construction upon it Take notice Ireland that this is the first year of thy Bondage if they prevail And take notice England that O Cromwel and his Councel and Party are resolved to Lie without controul if they prevail not their Letters speak him to be 15000 strong before Tredah which hath Articled to yield That the next he will vouchsafe is Dundalke and that Ormond flies from the face of this Josua and Lying Prophets are sent over to gull the people into a belief But the truth is he is not able to draw together above 4000 or 5000 men unless his Confederate O Neale joyn with him And Ormond hath wit enough to know that sickness and famine in that wasted Country are sufficient to deal with O Cromwel without his running the hazard of an engagement with such desperate forlorn wretches 218. Unreasonable Fees extorted by
Birkhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last year were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25 Edw. 3. for limitation of Treasons as in an infectious season all diseases turn to the plague and were then discharged for want of matter to make good the Charge are now again imprisoned in the first year of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons until they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KINGS time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner and a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legal means to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintain him in it Sir Henry Mildmay lately coming to the Tower and perceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates out of his parasitical diligence told the Lievtenant of the Tower 219. Sir Har. Mildmay's Politick Observations Chaste Conversation and first initiation at Court That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signs upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councel of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho. Scot the Demolisher of old Palaces and Deflowrer of young Mayden-heads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a fair Lady his nearest Ally to his Lust had not she been as Vertuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himself taken with the Wind-collick got an opportunity to insinuate himself into a Citizens house in Cheapside and tempted his Wife but had a shameful repulse but more of this I will not speak lest his Wife beat him and give an ill example to other Women to the prejudice of our other New States-men 220. Felons fetched out of Newgate to inform against Merchants for not paying Customes and their New erected Sodomes and Spintries at the Mulbury-garden at St. Jamses Master Gybs Master of a Ship having caused three fellows to be committed to New-gate upon Felony for Robbing him These Fellows sent to Col. Harvey That if he would procure their Liberty they would discover to him several Merchants who had lately stoln Customes Whereupon Harvey sends for those Rogues out of New-gate hears their Accusation approves it prosecutes the Merchants upon the Information of those Villains discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be imployed in the Navy And one Master Lovel a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to swear how many Bayl 's of Silk he hath come over If the first year of our Liberty make such presidents what Monsters will the Sixth and Seventh year produce All Princes begin with moderation The Elders gave good Councel to Rehoboam Serve the People one day and they will serve thee for ever hereafter Nero had a commendable Quinquennium But our Novice Statists are Tyrants ab incunabilis Oppressors with shels upon their heads from the Nest before they are fledge what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommerhil a pleasant Seat worth 1000 l. a year belonging to the Earle of Saint Albans is given by the Juncto to their Blood-hound Bradshaw so he hath warned the Countess of Leicester who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle which she hath already raised four-fold to quit the possession against our Lady-day next The Protestation and Declaration THe Premises considered I do hereby in the name and behalf of my self and of all the Free people of England Declare and Protest That the General Councel of War and Officers of the Army by their said violent and treasonable force upon the far major more honest and moderate part of the House of Commons being above 250. and leaving only fifty or sixty Schimaticks of their own engaged Party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament and have forfeited their Commissions And the remaining Faction in the House of Commons by abetting ayding and concurring with the said Councel of War in the said rebellious Force and by setting up new illegal and arbitrary Courts of Judicature to Murther King CHARLES the First our lawful King and Governour who by his Writ according to the Law summoned and authorised this Parliament to meet sit Principium Caput finiâ— Parliamenti Oaths of Allegiance and Supremacy and advise with him and was the Fountain Head and conclusion or suâ—matory end of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdome and by Abolishing the House of Peers and the Kingly Office and Dis-inheriting the Kings Children and Vsurping to themselves the Supreme Authority and Legislative Pâ—wer of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetute their said Tyranny and this Army and Govern Arbitrarily by the Power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and return to sect 79 109 110. Stat. of Recognition 1 Jac. Oaths of Algiance and Supremacy Have by the aforesaid wayes and means totally subverted this Common-wealth and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLES the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made
aforesaid commotions and all other causes they pleased to call High Treason They had no other bounds nor limits in their proceedings than what they prefixed to themselves in certain Articles Some few whereof I will here present unto my Reader because they judged of High Treason by those Articles not by the known Laws of the Land a thing very observable and applicable to my purpose so that they were not only Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a liberty to observe no set forms of proceedings but at their own pleasure 1. Article Petitioning against Innovations in Government and for the known Laws made Treason the like the Parliament practiseth against such as petitioned for peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes All Petitions heretofore tendered to the States or Cities Corporate against the erecting of new Episcopal Sees or against the Holy Inquisition or or requiring a Moderation of Decrees or Acts of State Parliament are accounted meer conspiracies against God and the King 2. Art All Nobles Gentry Judges Magistrates and all others who connived at Heretical Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessity of the times and did not resist and oppose them 3. Art Whosoever affirms that all His Majesties Subjects of Belgia have not forfeited their ancient Priviledges immunities and laws for Treason We have forfeited our laws by conquest or else our Grandees would not pass the two Acts for Treason 14. May 17. July 1648. nor erect the High Court of Justice and abolish our ancient lawes and government See Pol. 3. Oct. 1650. and the Case of the Kingdome stated and that it is not lawful for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oaths Promises Grants Contracts and Obligations whatsoever Compare this with the two Acts for New Treasons 14. May 17. July 1649. and the Act 26 March 1650. and Sir John Gells Case stated 4. Art They that affirm this Councel or High Court of Justice exercise Tyranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil Our High Court of Just exceeds all this See Sir John Gells Case stated Printed Aug. 1650. 5. Art Those that in case of Heresie deny that all manner of Informers and Witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgment Execution and Confiscation of life and goods without publishing the cause or charge and without any legal form of Trial. All these are guilty of High Treason against God and the King The Rigour Cruelty and Injustice of this New erected Counsel of Blood or High Court of Justice enforced the Low Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some mean petty fellowes Natives of that Island men even at home of obscure Birth Breeding and Fortunes we cannot finde examples of Ambition Usurpation and Tyranny as high and transcendent as bloody and destructive as covetous and greedy as any of the fore-recited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloody oppressing cheating Designs promoted by Perjury Treachery breach of Faith Oaths and publick Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special Commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and Covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the people to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtilties the said party in the two Houses now combined openly under the General Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43. or 44. of their own engaged party sitting men inriched with publick spoyls and voting under the power of the Armies Commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said remainder of Commons voted down the House of Lords though an integral and principal Member of the Parliament of England far antienter than the House of Commons and having a power of Judicature to administer an Oath which the House of Commons never had nor pretended to have until this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conferences as the Grand Inquest doth before the Judges because they rejected the Ordinance for Trial of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes To subvert the Fundamental Government Laws and Liberties of the Land To pull up by the Roots without Legal proceedings every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year In their Tax Rolls they usually set in the Margent to every name private notes of distinction an M. an N. or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redress slighted N stands for a Neuter he is more indifferently rated and upon cause shewn may chance to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concur with them in the height of their villanies The pretended Parliament are now debating to raise the Monethly Tax to 240000 lib. or to deprive every man of the third part of his Estate both Real and Personal for maintenance of their immortal Wars and short lived Commonwealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of
to weed out the Lutherans Calvinists and Anabaptists So is this High Court set up in England to root out the Royallists Presbyterians and Levellers and generally all that will not wholly concur with our Independents in Practice and Opinions As will manifestly appear when their work is done in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they were formerly to sell their King I. Conclude therefore upon the Reasons aforesaid That because the Commissioners or Judges are not sworn to do Justice according to the Laws and are parties pre ingaged as well as their Masters and pay Masters that named them ignorant men and of vild base professions uncapable of places of Judicature Necessitous Persons and some of them Scandalous and the High Court it self hath neither Law President nor any just Authority for constituting thereof or the Judges therein And all proceedings before them are directly Contrary to Magna Charta the Statute 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practice of our Nations and in many points contrary to the Law of God and the Dictates of Right Reason That these Commissioners are Incompetent Judges Their Court an Extrajudicial Conventicle tending to disinherit disfranchise and enslave all the Freemen of the Nation and all Proceedings before them are void and coram non Judice See Col. Andrews 3. Answers The said High Court of Iustice to be a meer bloody Theater of Murder and Oppression It being against Common Reason and all Laws divine and humane That any man should be Iudge in his own Cause Neminem posse in sua causa Iudicem esse Is the Rule in Law But this Parliament and Councel of State know they cannot establish and confirm their usurped Tyranny The Kingdom of the Saints eate up the People with Taxes and share publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawless wills and pleasures but by cutting off the most able and active men of all opposite parties by some such expedient as this Arbitrary Lawless High Court is The old Legal way by Iuries being found by Iohn Lilbourns Trial to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Iudges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traveller fallen into the hands of Thieves First they take away his Purse And then to secure themselves they take away his life So they Robbe him by Providence And then Murder him by Necessity And to bring in their third insisting Principle they may alleage They did all this upon Honest intentions to enrich the Saints and rob the Egyptians With these 3. Principles they Iustifie all their Villanies Which is an Invention so meerly their own That the Devil must acknowledge They have propagated his Kingdom of Sinne and Death more by their impudent Iustifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath hapned the Trial of that worthy Knight Sir Iohn Stowell of the County of Sommerset Who having bin often before this Court hath so well defended himself and wiped off all Objections and made such good use of the Articles of the Rendition of Excester that in the Opinion of all men and in despite of their ensnaring Acts for New Treasons he cannot be adjudged guilty of any Treason Old or New which was the Sum and Complement of the Charge against him Wherefore the Court put off his Trial for a longer time to hunt for New Crimes and Witnesses against him At last came into the Court as a witness Iohn Ashe notwithstanding he is a Party many wayes engaged against him 1. Ashe is a Parliament-man in which capacity Sir Iohn Stowel bore Arms for the King against him 2. Ashe as a Parliament-man is one of the constitutors of this murderous Court and the Judges thereof and therefore their Creatures who expect rewards from them bear a more awful respect to his testimony then a witnes ought to have from Iudges 3. It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sir Iohns Estate And 4ly It is known to many That during Sir Iohns many years Imprisonment Ashe often laboured with Sir Iohn to sell unto him for 4000. l. a Parcel of Land which cost Sir Iohn above 10000 l. promising him to passe his Composition at an easie rate to procure his enlargement from Prison and send him home in peace and quiet if he granted his desire But although with all their malicious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeanors and amasse together such a Sozites and an Accumulation of Offences as if one fail another shall hit right to make him punishable in one kinde or other such an hailshot charge cannot wholly misse either they will have life estate or both Contrary to the nature of all Enditements and Criminal Charges whatsoever which ought to be particular clear and certain Lamb. page 487. that the accused may know for what Crime he puts himself upon issue But this Court as High as it is not being Constituted a Court of Record the Prisoner and those that are concerned in him can have no Record to resort to either 1. To demand a Writ of Errour in Case of Erroneous Judgment 2. To ground a plea of Auterfois Acquite in case of New Question for the same fact 3ly Or to demand an enlargement upon Acquital Or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an innocent man Whereby it follows That this prodigious Court hath power only to Condemn and Execute not to Acquit and give Enlargement Contrary to the Nature of all Courts of Judicature and of Justice it self it is therefore a meer Slaughter-house to Commit Free-State Murders in without nay against Law and Justice and not a Court of Judicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Parallel with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Coll. Eusebius Andrews Esquire to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving praying to be allowed the benefit and liberty of making farther Answer if it shall be adjudged necessary offereth to this Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamental Law and ought to be the Standard of the Laws of England Confirmed above 30. times and yet unrepealed it is in the 29. Chapter thereof granted and enacted 1. That no
matter of invitation into the kingdom he referred himself to the Declaration then in Print and setting forth how ready and willing he was ever to serve the English wishing happinesse and peace to them and praying that his blood might be the last that should be drawn heartily forgiving all saying I carry no rancour along with me to the grave That his Religion was such as he spoke of before whose Tenets he needed not to expresse as being known to all and himself not of a rigid opinion being not troubled with other mens differing judgments with which words and forgiving all that he might have even the greatest animosity against he kneeled down with Dr. Sibbald and prayed with much earnestnesse and devotion which pious exercise performed and some short ejaculations passing between himself and the Doctor the Earl turning to the Executioner said Shall I put on another cap and turn up my hair Which way is it that you would have me lye Sir The Executioner pointing to the front of the Scaffold the Earl replyed What my head this way Then the Undersheriffs son said My Lord the Order is that you lay your head toward the High Court of Justice Then the Earl after some private discourse with his servants kneeled down on the side of the Scaffold and prayed a while to himself afterwards with a smiling and cheerful countenance he embraced the Doctor in his Arms and then his servants saying to them Ye have been very faithful to me and the Lord blesse you then turning to the Executioner said I shall say a very short prayer while I lie down there and when I stretch out my hand my right hand then Sir do your duty and I do freely forgive you and so I do all the World So lying down and having fitted himself Hamilton executed devoutly praying to himself a short space he stretched out his right hand whereupon the Executioner at one blow severed his head from his body which was received by two of his Servants then kneeling by him into a Crimson Taffeta scarfe and that with the body immediately put into the Coffin brought thither for that purpose and so carried to Sr. John Hambletons house at the Mewes This Execution done the Sheriffs guard went immediately to â—â—tch the Earl of Holland whom they met in the midway where the under Sheriffs son having received him into his charge conducted him to the Scaffold Mr. Bolton passing all the way hand in hand with him Being come upon the same and observing he could not spake aloud enough to be heard by the People by reason of the numerousness of the Souldiery that encompassed him he said Hollands speech on the Scaffold I think it is to no purpose to say any thing then proceeded That his breeding had been in a good family that had ever been faithfull to the true Protestant Religion in which he had ever lived and now resolved by Gods grace to dye That he hoped God would forgive him his sins though he acknowledged his Justice in bringing him thither for punishment of them in this World He observed that he was looked on as one that had ill designs against the State Truly saith he I look upon it as a judgement not having offended the Parliament in any thing save an extreme vanity in serving them very extraordinarily That his affections had been ever known to be faithfull and without wavering where the Parliament wrought changes beyond and against reason and Religion there He left them That he ever sought the peace of the Kingdom and that made him do what he did That he knew not how to judge of the then present affairs but should pray that the Kingdome might be again governed by the King by the Lords by the Commons and that the People may look upon the Posterity of the King with that affection they owe that they may be called again without bloodshed and admitted into that power and glory that God in their birth intended to them That he wisheth happiness even to the causers of his death praying heartily to God to forgive them And as Chancellor of Cambridge really praying that that University might flourish and be a continuall Nursery both to Learning and Religion Then mentioning again his Religion and family relating something to his own behaviour and his being a great sinner yet that he hoped God would hear his prayers and give him faith to trust in him with his prayers for the People he ended Then turning to the side he prayed for a good space of time after which by the instigation of Mr. Bolton he said That he was the less troubled with his violent death when he remembred how his Saviour suffered for him and again when he considered the King his Master not long before passed the same way with others at this time with himself with a serious and pithy justification of his said Master the late Kings Majesty a short recapitulation of his first speech concerning his Actions Religion breeding and sufferings After all wholly casting himself on the merits and mercies of Jesus Christ forgiving his Enemies praying for peace and that their blood might be the last which was shed strangely the tryall being as extraordinary as any thing in the Kingdom but he owned it as Gods hand then having some divine conference with Mr. Bolton for neer a quarter of an hour and spoken to a Souldier that took him prisoner and others he embraced Lievtenant Collonel Beecher and took his leave of him After which he came to Mr. Bolton and having embraced him and returned him many thanks for his great pains and affection to his soul he prepared himself to the block whereupon turning to the Executioner he said here my friend let my Cloaths and my body alone there is ten pounds for thee that is better than my cloaths His behaviour I am sure of it And when you take up my head do not take off my cap then taking his farewell of his Servants he kneeled down and prayed for a pretty space with much earnestness Then going to the front of the Scaffold he said to the People God bless you all God give all happiness to this Kingdom to this People to this Nation Then laying himself down he seemed to pray with much affection for a short space and then lifting up his head seeing the Executioner by him he said stay while I give the signe and presently after stretching out his hand and saying now now just as the words were coming out of his mouth the Executioner at one blow severed his head from his body E. of Hâ—ll death The Execution of the Earl of Holland being thus performed the Lord Capell was brought to the Scaffold as the former and as he passed along he put off his hat to the People on both sides looking about him with a very stern countenance when mounting on the Scaffold having before taken his leave of his Chaplain and bidding his Servants that were
with him to refrain from weeping coming to the front of the Scaffold Lo. Capell his speech before his death he spoke to this purpose That he would pray for those that sent him thither and were the cause of his violent Death it being an effect of the Religion he professed being a Protestant with the profession whereof he was very much in love after the manner as it was established in England by the 39. Articles That he abhorred Papistry relying only on Christs merits That he was condemned to dye contrary to the Law that governs all the World that is by the Law of the Sword the Protection whereof he had for his Life yet among Englishmen he an Englishman acknowledged Peer condemned to dye contrary to all the laws of England That he dyed as to the cause he fought in for maintaining the fifth Commandement injoyned by God himself the Father of the Country the King as well as the natural Parent being to be obeyed thereby That he was guilty of Voting against the Earl of Strafford but he hoped God had washed off the guilt of his blood with the more precious blood of his Son That his late Majesty was the most vertuous and sufficient known Prince in the World God preserve the King that now is his Son God send him more fortunate and longer dayes God restore him to this Kingdom that that family may reign till thy Kingdom come that is while all Temporal power is consummated God give much happiness to this your King and to you that in it shall be his subjects That he did again forgive those that were the causers of his coming thither from his very soul so praying again for the King and his restoration and for the peace of the Kingdom he finished his speech L. C. his carriâ—ge Then turning about to the Executioner he pulled off his doublet when the Heads-man kneeling down Lord Capell said I forgive thee from my soul and shall pray for thee There is five pounds for thee and if any thing be due for my cloaths you shall be fully recompenced And when I ly down give me a short time for a prayer then again blessing the People very earnestly and desiring their prayers at the moment of death he said to the Executioner you are ready when I am ready are you not then as he stood putting up his hair with hands and eyes lift up he said O God I do with a perfect and a willing heart submit to thy will O God I do most willingly humble my self so kneeling down and fitting his neck to the block as he lay with both his hands stretched out he said When I lift up my Right hand then strike When after he had said a short prayer L. Capell beheaded he lifted up his right hand and the Executioner at one blow severed his head from his body which was taken up by his servants and put into a Coffin Having thus brought to pass their bloody purpose shortly after they acquitted the Lord Goring and Sir John Owen as to their lives but seized upon all they had according as they did upon most of the Estates of the Nobility and Gentry throughout England for such now was their unsatiable malice that they thought it not enough to ruine and destroy the heads of Families but The barbarousness of the faction with divellish rancor endeavour to blot out the name and memoriall of Posterity by such unheard of cruelties and barbarous actions as would make a Savage Scithian or Barbarian blush to think on so that we may say with Cicero in the like case Rem vides quomodo se habeat orbem terrarum Imperiis distributis ardere bello urbem sine legibus sine judiciis sine jure sine fide relictam direptioni incendiis Which indeed is the very present case Thus did they grow from bad to worse acting rather like butchers then Men each one of them proving to all about him a devouring wolfe whose insatiate gorge was never filled with his pray so that having in effect the mastery of them whom they called their Enemies like true thieves they fall out about parting the stakes The Army and Independent close the Presbyterian faction will brook no superior the Independent no equall upon these terms stands the Kingdom divided when the later grown now more powerfull by the additon of the Army whose guilt in the murther of the King had suggested to them that the only way to save and raise themselves was to confound and reduce all things else to an Anarchy In pursuance of which Principle they at last proceed against the very root of Monarchy and after many uncouth debates resolved that the Nation should be setled in the way of a free State Free-state appointed and Kingly government be utterly abolished Now was the stile in all proceedings at the law altered the seals changed and the Kings armes and statues in all places taken down that so their seared consciences might not at the sight thereof be terrified with the sad remembrance of their committed crimes And that no sparke or attendant of antient Majesty might be left remaining soon after they vote the house of Lords to be burdensome and useless Lords house voted useless and that the People might understand their meaning also on the 21th of February they proclaim at Westminster and send it to the City the next Day to the like purpose but the then Lord Mayor refusing to do it as being contrary to his honour conscience and Oath rather chose to suffer an unjust imprisonment which he did in the Tower Any honest Man would have thought this example would have put a stop to the attempt of any villain for the making that proclamation but so farr were they from being deterred that they rather grow more implacable and having found some hair brained and half decayed Cittizens out of them one is set up as a mock-Mayor who being a fellow fit for their turns after a short complement or two with the Juncto The Proclamation against Kingship he enters the Stage and Proclaims the abolishing of Kingship and the House of Lords Having thus brought their design to some kind of maturity they find another invention to be as a Shibboleth a mark of distinction between themselves and other men The engagement a mark of distinction and that was the engagement forsooth whereby every man should promise to be true and faithfull to the Common-wealth of England without a King or house of Lords and he that would not subscribe to this was forced either to fly or which was as bad to stay at home and have neither the benefit nor the protection of the law of the land nor any advantage either of his liberty or Estate Now might you have seen Vice regnand and nothing but Schisme and faction Countenanced now might you have beheld England sometime the Glory of the World now become its by words the name of
happy Omen surely was this promise and undertaking hoped to be and so indeed it might have proved if it had been gained from any but the worst of Scotch-men the Presbyterians for at the very same time as it were when they had concluded the Treaty and thus highly promised the King as is before mentioned I say at the same time having gotten the famous Marquess of Montross into their hand whose only fault was Loyalty to his Prince having brought him with as much ignominy as they could devise to Edenburgh they there charge him for keeping away the King observe the King was now upon the point of coming to them from his subjects 2. For the invading that Kingdom 3. For all the murders in the war and for wast upon Argiles Estate c. Mark here I pray Montross murthered and the reasons thereof Montross must be murthered the best subject the King had in Scotland and just when the King is ready to come thither as if it were done in despight to him but why for keeping away the King No he had promised to be with them with all speed which Montross in prison could not have hindred Was it for invasion alas neither for he had none but his own Countrymen and of them but a very few and they quickly and easily defeated what was it for then for muder alas neither what then O! here 's the Divel that murthered the famous Montross for waste upon Argiles Estate Argile I say that underminer of his Soveraign who in a short time after upon his arrival was by the means and instigation of him upon pretence of non-performance by the King left destitute either of friends whom they banished from his Court The K. in Scotland held to hard meat means which they curtailed him of and strength allowing him neither a Souldier nor a garison nay not a town where he might with safety repose his head things being at this pass and his Majesty with much adoe gotten into Scotland as aforesaid which the Juncto at Westminster having perfect intelligence of and weighing with themselves that promise of the Scots to bring the murtherers of the Kings Father to condign punishment they begin to think it high time to provide for their own safety in consulting whereof after much time spent it is resolved the safest wisest and to them least chargeable course to wait on the Enemy in his own Country whereby they carried the war from home and not to stay for him to bring it to their own doors As a strong motive to this just at the instant they discover that many of the Presbyterians of England had by their agents agreed with the Scots at Bredah to re-establish his Majesty in all his Dominions Whereupon many eminent persons are seized on and among them Mr. Case Mr. Jenkins Mr. Jackson Mr. Love c. Which Mr. Love together with one Mr. Gibbons suffered death together on Towerhill Mr. Love and Gibbons beheaded at the earnest sute of Cromwell protesting he would not march into Scotland unless they were cut off Being moved hereby as well as by their own fear and guilt Cromwell invades Scotland his Majesty is scarce in Scotland but Cromwell is at the borders with 16000. Horse and Foot on their behalf to whom Leslly L. G. of the horse which were now raised after some expostulations by Letters and Declarations sends word that he is in armes upon the account of the good old cause and not upon the account of the King Scots divided among themselves whom he cleerly disowned Straughan and Ker not only disown the King but say positively they will fight against him so that now it was not Bellum Regale a war to maintain the Kings honour and the points of the treaty but bellum Presbyteriale a war for the Kirke of Scotland against the Independent faction of England those two great parties being come now to a second contest for superiority for Leven commanded the Foot and Leslly as I said before the horse and these two unaminously drew out against Cromwell and fought him within six miles of Edenburgh though to little purpose for he immediately after became Master of the field 1. Fight at Edenburgh and took Garririsons as fast as he came to them defeating them at Musselbourgh and pursuing them to Pentlan-hills 2. Fight at Musselbourgh where the Scots had him in a straight and might have destroyed him but the certainty as they thought of the victory caused them to delay by which and the fatal necessities of sickness hunger and cold pressing upon Cromwells Army made them choose rather at one fight desperately to hazard all then timourously to become the scorn of an insulting foe which they knew they should find following this resolve with diligence they whisper about the word to each other in the midst of a dark and rainy night they crept up the hill and fell on the Scots so suddenly and beyond expectation that they were disordered by the first attempt yet by reason of their multitudes 3. Dunbar fight and totall defeat and a little courage they held up a while till surrounded on the back by Cromwells horse the Scots horse affrighted begin to retreat and soon after to flie in good earnest leaving their foot to mercy who were taken in greater numbers then the English Army consisted of the Independent power by this victory being absolute conquerors King in the North of Scotl. private and the Presbyterian pride laid groveling in the dust During this quarrell between the said two factions the King as disowned so not interested therein retires first to St. Johnstons and after that privately into the North of Scotland where he continued expecting what God would do for him assuring himself that this defeat at Dunbar as things then stood could not be for his prejudice King sent to and returnes which indeed quickly fell out according to his expectation for the Scots upon that overthrow were somwhat humbled in Spirit and now began again to think of their late abused King wishing in their hearts he were among them fearing to speake the truth least he would have joyned with Northern and loyal Highlanders to prevent which they send M. G. Montgomery with forces to intreat his Majesties return who finds him out and affectionately delivers his message which the King received even with joyfull tears as minding the justice of God upon those perfidious Scots whose pride in success carried them beyond all bounds of allegiance and like a stubborn child must be soundly whipt ere they will kneell and the good manners they obtain must be beaten into them Yet he accepts of their request and accordingly goes towards them Who but so good a King would have exposed himself to such mens trust in so dangerous a time Innocentia est sibi munimentum for he resolves to return King crowned Upon notice hereof and his arrivall the Parliament address themselves to
truth they did For Cromwell now being very neer commands Lambert to take and secure Hopton bridge Worcester fight in the defence of which passage Massey shewed both much courage and experience though forced to retreat thence and leave the same unguarded being over-powered with Lamberts multitudes after which for a Day or two there happened diverse Skirmishes with as various fortune as is usuall at such times but Cromwell not brooking such delayes as fearing they might prove dangerous if any part of his forces should bethink themselves resolves upon one generall attempt and to find work for all hands himself falls on upon one side and Fleetwood on the other so that now ther 's nothing but rage slaughter and blood the loyall Highlanders even standing to fight when they had lost their legs not at all daunted at the severall horrid shapes-Death presented himself to them in but covering the ground with their slaughtered bodies in death made good that place which in life they undertook to defend while the increasing Enemy by his numbers rather killing then conquering their fear and guilt guiding them to exorbitances which the other valiant though dying souls were not capable of proving that maxime true that fear is farr more painfull to cowardise than death to a true courage But Actum est their end is concluded the decree is gone forth so after severall routs and rallies a generall defeat succeeds with the death of between 4000. and 5000. and about 7000. or 8000. taken prisoners the pursuite being both hotly and eagerly pursued each villain hoping to enrich himself by seizing on the Royal pray But Heaven had sent a Guardian Angell to protect him that at length he may once more come and be the restorer both of our peace Religion and Liberty I shall not mention the means were used or the Spirits which God raised up to be instrumentall in that miraculous deliverance let it suffice they have their honour and reward and bless we Cod who hath made us worthy to be partakers of the inestimable good that hath accrewed thereby invoking Heaven to crown his life with length of dayes and health and to settle his throne by a decree as unalterable as that of the Earth which cannot be moved Thus once more we see Rebellion flourish and applauded for after this the seeds of ambition begin to grow higher in Cromwell it is not enough that his faction is the strongest and he the head of it unless he may as well govern as command The military sword will not satisfie him he must and will also have the civill but as he sees it must not be done rashly or suddenly least he should miscarry so knowing that fair and softly goes farr and festinare lente is the best hast he concludes in his heart either to have all at his own book or dye in the attempt and the better to moddell his design according to his resolution he comes to the Juncto gives them account of all his transactions and so insinuates into them that he gâ—ts his Son Ireton to be made Deputy of Ireland Cromwels policy and power and intrusts Scotland into the hand of L. G. Moncke a revolted Cavalier by which two persons in a short time he so roughly handled both those said Nations that they were reduced to as perfect a slavery as could be imagined Upon consideration of these successes on all hands he begins now more publickly to unmask himself As General he places and displaces Officers in the Army at his pleasure untill he have so fitted them to his own humour that he dares begin to take them into his Councill where the first thing resolved is still to hold up the mask of religion there is no bait so catching to the vulgar religion therefore must be cried up methinks I see Cromwell like Catiline at Rome with all his crew of bankrupt and much worn Officers about him speaking to them thus Surely I need not tell you the great things the Lord hath done for us your selves are witnesses thereunto I confess our actions seem not to agree to our professions but t is no matter let People say what they will so we be still gainers let Governments totter and fall the whole World be made but one Enthusiasme or reduced into its primitive Chaos rather than we shall now loose or hold yet still the mask of zeal must be kept on that we may not appear in our naturall colours villains ab origine By these and the like words is that vicious brood soon instigated to act what his ambition dares command Now was he grown so lofty and imperious that he even growes weary of the Juncto and especially because they were at the present the main barr that hindred his greatness To remove therefore that obstacle on the twentieth of Aprill 1653. early in the morning he seazes the keys of the Parliament house Long Parliament turned out shuts up the doors and tells the Members that they must come no more there having already sate too long meriting rather punishment than applause being no other than an assembly of Whoremasters Drunkards Hypocrites Knaves and Oppressours thus was the pretence of the Parliament taken away and no face of Government visibly appearing Never was the faults of Usurpers with more bitterness laid open than now by him whom we shall shortly as transcendently to out-do them in all acts of Tyranny and Usurpation as the brightest beams of a midday sun excell the glimmering light of a midnight candle T is true as Seneca saith Nulla tam modesta est faelicitas ut malignitatis dentes vitare possit Sen. ep 3. there ever was and ever will be some murmurers at present Governours but so far were either they or he from being belyed that unless a Man do speak all that may be imagined evill he must needs fall short of their wickedness The Government being thus altered first by laying aside and murthering their lawfull Soveraign then by sifting and purging the Parliament till loosing its originall it either became as nothing or at the best but a Juncto and when it would no longer sute with Cromwells ambitious ends and soaring thoughts by turning it absolutely out of doors At last after much pretended seeking of God by dayes of humiliation Cromwell forsooth is counselled to call together an assembly of men picked out and called as fit for his design These he summons together by a Letter under his hand and seal directed to each single Man Barchones Parliament who in their way of canting admiring at the great goodness of God that had put it into the Generalls heart to select them to so great a work as the settlement of the Kingdom and to shew their skill and as an Essay of their zeal they first vote down all Tythes discourage the Ministry abuse the Universities and endeavour to abolish the law and consequently to take away all propriety By which Acts the Nation beginning to
lies if not answered did from their several and respective Counties as also in the Cities of London and Westminster declare The Gentry declare that they were far from any thoughts of revenge it belonging to God alone alluding to that text of Scripture Vengeance is mine I will repay saith the Lord but as for Justice they would acquiesce in the judgment of the approaching Parliament This being done and the whole Parliament at the appointed time The Parliament begins beginning first with their duty to God they follow that golden Pythagorean rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving him hearty thanks for that their freedome of meeting which when they had cordially done they fell in order to their Governour First They fear God then honour the King As the same Pythagoras goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Heathen we see by the meer light of Nature could dictate that which our Grand Enthusiasts of Religion would not for these many years by the ignis fatuus of their new lighted notion walk after But the Parliament were better principled for after their devotions regularly paid to God they in the very next place own their duty to their Prince upon the first day of May a happy day to be remembred to posterity voting the Government to be by King Kingly government voted Lords and Commons a constitution so incomparably mixed that it may rather be admired then envied neither were they satisfied to rest there but on the Eighth day of the same May caused his Majesty to be proclaimed King of England King proclaimed Scotland France and Ireland which was performed with so much Solemnity and Joy as I presume England I dare say hardly any Kingdome in the World ever saw or were sensible of the like the shouts and acclamations of the pleased people rending the very skies as a token of their extraordinary Thankfulnesse to Heaven and at night by the multitude of their bonfires turning the Darknesse into a kind of lightsome day This hapy beginning thus owned by the general consent of all honest men made the Parliament resolute to prosecute their begun endeavours which the more orderly to do for order befitteth men best both as Subjects and Christians they immediately prepared Commissioners Commissioners sent to the King who were persons choyce for their integrity and wisedome like those heads of the children of Issachar which were men that had understanding of the times to know what Israel ought to do being intrusted to wait on his Majesty and to desire him to come to his Parliament and People with all convenient speed Before whose arrival his Majesty had withdrawn himself from Bruxels not upon any account as was by the ignorant and malicious insinuated but out of a design of safe guard to his own sacred Person as knowing those two principles of the Romanists si violandum est jus Regni causa violandum est and nulla fides servanda est haereticis might prove dangerous if not fatal to his interest as affairs then stood He well remembred Richard the first his case sirnamed Caeur-du-Lion and what his detention once cost England and therefore had no reason to cast himself into the like hazard Therefore having discharged all Accounts whatsosoever at Bruxels he as I said removes his Court to Breda As that first he might hold the more certain and quick intelligence with his friends in England where there hardly wanted any thing to complete his Restoration and the Kingdomes satisfaction but his Personal presence so in the second place he there knew himself safe being within the jurisdiction of his beloved sister the Princesse Royal Mary Princesse of Orange King at Breda whose tender love and zeal to him in his affliction deserves to be written in brasse and graven with the point of a Diamond During the time of his residence there to shew himself to be a second Solomon a Prince of Peace and not onely so but the most pious and merciful of Princes who was wise as a Serpent yet innocent as a Dove by the Honourable the Lord Viscount Mordant and Sir Richard Grenvile since by his Majesties special grace created Earl of Bath Gentleman of his Majesties Bedchamber He sent a most gracious Declaration with respective Letters to the Lords to the Commons to the City and to the Army Whetein His Majesties Declaration layes Independency dead His Majesty first offers a Pardon for all miscarriages and misdemeanors against his Father or himself to all persons such onely excepted as shall be excepted by the Parliament promising likewise securitie to all whose guilt might otherwise endanger them so as they laid hold on his Majesties Pardon within 40. dayes after the publication thereof 2. He refers the purchasers of Kings Queens and Bishops Lands to Justice to the Law and to the Parliament 3. He assures the Souldiery of their Arrears for past services although done against him and of incouragement and pay for the future under him This Declaration was received with no ordinary joy and solemnity the messenger Sr. Iohn Greenvil being rewarded with 500. pounds ro buy him a Jewell and upon reading thereof and a conference had with the Lords who had now reassumed their Native right by taking their places in the higher House they agree unanimously each in their several house That a Letter be sent in answer to his Majesties gracious Letter and Declaration superscribed To his most Excellent Majestie which were since more immediately drawn up and sent by Commissioners before prepared as is already mentioned sixe from each House who were in the name of both Houses 1. To give his Majesty most humble and hearty thanks for his gracious Letter and Declaration 2. To desire his Majesty to return to the exercise of his Regal Office and come to his Parliament and people with all speed possible And thirdly to that purpose to desire him to appoint a place for the Navy to attend him the Commissioners that went from the house of Peeres were these The Earl of Oxford Earl of VVarwick Earl of Middlesex Lord Brook Lord Berckley Commissioners names that went to the King Lord Visc Hereford Of the House of Commons were selected these following Lord Charleton Lord Bruce Lord Falkland Lord Mandevile Lord Herbert Lord Fairefax Sir George Booth Sir Iohn Holland Sir Antho. Ashly-Cooper Sir Horatio Townsend Sir Henry Cholmly Mr. Hollis The City of London having also received the like Letters and Declarations the Lord Mayor Aldermen and Common-Council appoint a loyal and humble answer to be returned wherein they give his Majesty thanks for his tender care grace and favour to their ancient and renowned City which was sent by these worthy Gentlemen For the City of London Alderman Adams Recorder VVilde Alderman Robinson Alderman Bateman Theophilus Biddolph Richard Ford Alderman Vincent Alderman Frederick Alderman VVale John Lewis Esquire William Bateman Esq Alderman Bludworth Major
Chamberlin Colonel Bromfield Sir James Bunce Bar. Alderman Langham Alderman Reinoldson Alderman Brown Sir Nicholas Crispe Alderman Tompson All these Letters were sent away but the first that arrived to his Majesties hand was from his Excellency the Lord General Monck who by the leave of the House sent the same by his brother in Law Sir Thomas Clergies who was as being the first beyond all expression welcome and after some long but not tedious conferences Knighted and at length dismissed with as much kindnesse as he was at first received with joy Commissioners how received by the King After whom arrived shortly all the forenamed Commissioners together with some of the Ministry and were received by his sacred Majesty his two illustrious brothers of York and Glocester and his sister of Orange with demonstrations of affections on both sides such as are not capable of a description by my rude pen for they were such as may be imagined onely not defined like the joyes of a condemned soul now at point to dy when suddenly and beyond expectation it is not onely snatcht out of the very jawes of death but mounted aloft into a seat of Honour how it is even overpressed with the overflux of such a sudden yet joyful change and stands extasied not knowing or at leâ—st not well discerning the realities of those violent emotions under the happinesse whereof it at present labours which surpassing joy grown over and they dismissed with abundance of satisfaction with all speed his Majesty according to the earnest request of his Parliament prepared for England his Royal brother the most illustrious Duke of York Lord high Admiral taking order for the Navy And in the way to the Sea-side his Majesty was honourably entertained by the States General at the Hague of whom having taken his leave and thanked them for their Treatment and Presents he proceeded in his journey During this time the Navy under the conduct of General Mountague was come to attend and wait on his Royal pleasure upon notice of which attended by the Princesse of Orange and her son and the Queen of Bohemia he comes aboard the Naseby Frigot The King comes aboard for England and lands at Dover by him then named the Charles and after a repast there parting with high satisfaction pleasure and content on both sides with his Royal and Princely attendants he lanched forth and quickly with a prosperous and safe gale of wind anuuente Coelo came within two leagues of Dover Monck meets him a place formerly not so infamous for receiving the Barons in their rebellious wars against the King and harbouring Lewis of France as now it was famous for its loyalty in the joyful reception of its lawful Soveraign when he was come thither he sends Post for the General being resolved not to set foot on English ground till he came thither who upon the first hearing of that happy news presently took Post to meet him having before taken care for Pallaces to entertain him and left order for several Regiments of Horse to attend him for his Majesties security Providing with valor against open enemies and with prudence against pretended and basely false friends which being performed according to Order His Excellency waites upon his Majesty at Dover He is no sooner come thirher but upon knowledge thereof the King Landed at whose Honored feet in the most humble posture of a Loyal Subject on his Knees Our Great General presents himself and was received and imbraced by his Majesty in the open armes of an endeared mercy with so much affection as might well manifest the great respect the King bore to his high deserts for to shew that his embrace was signal and far from a meer complement he went nearer and kissed him No endearment is ever thought too great where there is grounded Love neither rested he there but like a true friend and lover indeed takes a delight in his society for the more clear demonstration whereof to all the world he took him with his two Brothers the Dukes of York and Glocester into his Coach with him to Dover aforesaid KINGS journey to London and the manner of it where after a dutiful acknowledgment from the Magistrates there and solemn though short entertainment he rid to the City of Canterbury so famed for her Arch-bishops Sea his Majesty being in the middle between his two brothers and the Duke of Buckingham and the General riding bare before him In this Equipage with the whole Gentry and Nobility of England attending and thousands of the meaner ranke he arrived as I said at Canterbury being met by the Magâ—stracy in their richest habiliments of Honour and by the Ministry of the place who after a grave Speech and hearty Gratulation presented him with a rich Bible as He was Defender of the True Faith and afterwards with a Golden Boul full of Gold rendring it as a Tribute to him to whom Tribute was due From Canterbury where he rested all Sunday and gave thanks to God his Father and mighty Deliverer On Munday he came to Cobham-Hall in Kent a House belonging to the Duke of Richmond but without any stay there passed on the same night to Rochester from whence on Tuesday May the 29. the day of the week which was fatal for the murther of his Royal Father but happy to himself not onely for his Birth but also for giving the first hopes of his long wished and prayed for return by the Vote of the Parliament on Tuesday the 1. of May and his being proclaimed nemine contradicente on Tuesday the 8. of May. I say on that day attended by the Duke of Buckingham the Earle of North-hampton the Earle of Cleaveland the Earle of Norwich the Earle of Shrewesbury and many others with their several respective Troops of the choyce Nobles and Gentry of the Land and his Excellency with many Regiments of his best Horse the Lord Gerard with the choyce Life-guard and the whole Countrey flocking in cutting down Palmes and strowing the wayes with all sorts of Fragrant Flowers and decking the Lanes and Passage with the greatest variety of Country Pomps Garlands beset with Rings Ribands and the like the Air ecchoing all along and redoubling the perpetually iterated Hosanna's He came to London The Metropolis of his Kingdome whose preparations were no lesse sumptuous then joyful making a short stay onely at Black-heath a place many yeares since and more then once noted and remembred for the tumultuous assemblies of several Rebels but now much more famous for the united Congregation of the whole Kingdomes Loyalty from hence about n on order was given for a speedy march to London in which Major General Broun did lead the Van with a compleat Troop of Gentlemen all in cloth of Silver Doublets Alderman Robinson followed him with an other select company the severall Lords came after with their respective Troops then came the Life-Guard After the Marshals and Heralds with some antient Lords
onely in the Lords and Peers of the Realme being by Inheritance custome and Law in such case the Kings and Kingdoms great Councel to whose lawfull commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realme and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse then High Treason and so declared and resolved by the last Parliament in the cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England and Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge then the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the work of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Judges Juries and Officers 113. Powers given to the Councel of State 14. Eebr The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shall think fit 4. Power to fit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oaths for both were reformed according to the Godly cut When the Committtee of State was nominated in the House 114. An expurgatory Oath put upon the Councel of State scrupled by some of the Members and moderated by Cromwell â—n opposition of the Levelâ—ers divers Gentlemen of the best quality were named whom they could not omit because they had sat with them and concurred in all their great debates although they had more confidence in those petty Fellows who had or would sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbear they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation whereby they should declare That they approved of what the House of Commons and their High Court of Justice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr. Cromwell Chairman of that Committee of State reported to the Commons That according to the Order of that House 19. of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they should do for the future but could not confirm what they had done in relation to the King and Lords so it was referred to a Committee to consider of an expedient Cromwell having made use of the Levellers 115. Cromwells usurped power When the House of Commons opposed Cromwels and Iretâ—ns designes they cried up the Libertie of the People and decried the Authority of Parliament until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Auâ—horitie of their House of Commons and decried the Liberty of the people and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestâ—nts of Germany and then used an Army of Protestants to subdue and imprison â—he Pope Assertors of publique Liberty to purge the House of Commons and abolish the Lords House doth now endeavour to cast down the Levellers once more finding himself raised to so great an height that he cannot endure to think of a levelling equality he overswayes the Councel of Warre over-awes the House of Commons and is Chairman and Ring-leader of the Councel of State so that he hath engrossed all the power of England into his own hands and is become the Triple-King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his own more Lordly Interest he procured an expedient to Alter and Reforme the said Oath which at last passed in this forme following February the 22. 1648. 116. The forme of the said reformed Oath I A. B. being nominated a Member of the Councel of State by this present Parliament do testify that I do adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councel and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I do promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therin faithfully pursue the Instructions given to the said Councel by this present Parliament Mere you see a curtain drawn between the eyes of the people and the clandestine machinations and actings of this Councell and not reveale or