the King amongst them Againe they say That if the King come in to the Parliament He vvil be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army vvill be looked upon as Oppressers and the jealousies and discontents of the People be increased against them and make them apt to joyne issue vvith the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these vvords and their ovvne practice I conclude for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchicall Government and Lavv of the Land to murder the KING as they have since done Againe they say If the King vvere returned each Party vvould strive first and most to comply vvith Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold vvhat use these covvardly Saints make of necessity and self-preservation 5. That they may appeale to their Svvord against the Authority of any their Governours in order to publique safety vvhich tvvo last conclusions set the dore vvide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellovv is apt to raise them into a storme against their Governours for their fabulous assertions vvherevvith these Saints usually guild over their foule actions 1. That the Houses were free vvhen they passed the 4. Votes for Non-Addresses 2. That they vvere not free vvhen they recalled them 3. That the People vvere quiet and contented untill the recalling those 4. Votes and aftervvards vvere untsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered Himselfe to them 5. That vvhen they made Addresses to Him it vvas but to prevent the Presbyterian Party But it appeares their ayme from the beginning vvas to suppresse the Presbyterian and advance their ovvne Party and lay by the King and domineer over Him and the Kingdome for vvhen Cromvvell had brought his Designe to perfection he said at Kingston That he vvas as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65 66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of tvvo sorts all founded upon the said live Antimonarchicall Principles The first for satisfying publique Iustice that is for the Hang man to teach the Iudges vvho they shall Sentence to execution 1. They demand the Person of the King may be brought to speedy Iustice this affront they put upon the Parliament vvhen they vvere neer conclusion of their Treaty vvith Him vvhen He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamentall Government and Lavves of this Land and consequently the Liberty and Property of the People their Deaths-vvond By the lavv of God nature reason and the Lavves of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oathes of Allegiance Supremacy Stat of Recognition 1 Iac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edvv. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec p. 72 73 74. 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no povver to hurt the Kings Prerogative much lesse I thinke to hurt his Person the Lavves are the Kings Lavves Courts the Kings Courts Iudges his Iudges Great Seale his Seale the VVrits the Kings VVrits the Iustice and Peace of the Land are his consequently the VVars his VVarres he is the fountaine of all Authority as vvell as of all Honour Thou shalt not speake ill of the Governour of the People therefore not accuse him The King hath no Superior nor equall in England contrary to that false distinction of the Observator that he is Major singulis minor universis VVhen David vvould have gone forth to Battle his Army dissvvaded it using these reasons If vve flee they vvill not care for us neither if halfe of us die vvill they care for us But thou art vvorth ten thousand of us here you see the King is reckoned major universis more than all his Army and yet that Army vvas at that time in effect all the vvel-affected of the Land and therefore by the Anarchicall Principle aforesaid the onely people of the Land for further proofe hereof I appeale to all our Lavvs and Statutes hovv vvill they Trie him vvho shall Iudge him vvho are his Peeres that he may be Legally Tryed like a Freeborne man for sure they cannot deny him that right according to Magna Charta per legale iudicium parium suorum It is a grounded Maxime in our Lavves The King can doe no vvrong vvherefore then vvill they Trie Him for doing no vvrong The policy and civility therefore of our Lavves and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency alvvaies accused his Evill Counsellours and Ministers and freed Himselfe lest they gave advantages to ambitious men Absolon-like to scandalize and dishonour him and render him lovv and vilde in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royall Throne vvhich is alvvaies accompanied vvith an earth-quake of the vvhole Land * 1. Pet. 2.13 Here the King is called Supreme not the People and though said to be an ordinance of man in some respects yet S. Paul Rom 13. saith He is ordain'd of God 2. Governours are distinguished the King is Supreme and Governors are sent by him his Comâ—ission Besides it appears Gen. 3.16 4.7 God gave not to all men that freedome which is supposed the foundation of supremacy in the people He made them not masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of vvhom the Commonalty consists and each individuall nor the whole Commonalty can give him more power then himselfe hath But no man hath power over his owne life neither arbitrarily nor judicially but onely over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with
to his Officers to know what they had against him Who it seemes act all things without his privity and steere all the Armies present counsels and designes according to their absolute wills The publique Declaration and Protestation of William Pryn of Lincolnes Iune Esquire Against his present Restraint and the present destructive Councels and Iesuiticall proceedings of the Generall Officers and Army I William Pryn a Member of the House of Commons and Free-man of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Eares Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedome and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publick services Doe here solemely declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon reall grounds of Religion Conscience Iustice Law prudence and right reason for the speedy and effectuall setlement of the peace and safety of our three distracted bleeding dying Kingdomes on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharge my duty on the Parliament staires next the Commons dore forcibly seized upon by Col. Pride Sir Hardresse Waller and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foot haled violently thence into the Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forcibly detained Prisoner with other Members there restained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or other accommodations contrary to the known Priviledges of Parl. the fundamentall Laws of the Realm and liberty of the Subject which both Houses the 3. Kingdoms the Generall with all Officers and Soldiers of the Army are by soleme Covenant and duty obliged inviolably to maintaine Since which I have without any lawfull power or authority been removed and kept Prisoner in severall places put to great expences debarred the liberty of my Person calling and denied that hereditary freedome which belongs to me of right both as a Free-man a Member an eminent sufferer for the publike a Christian by these who have not the least shadow of authority or justice to restraine me and never yet objected the least cause for this my unjust restraint I do therefore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannicall power the greatest breach of faith trust Covenant priviledges of Parliam and most dangerous encroachment on the Subjects liberties and Law of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedome in all their Remonstrances whiles they are triumphantly trampling them all under their armed iron feet And doe further hereby appeal to and summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others lesse tyrannicall oppressive unjust and fedifragus to God and men than themselves And doe moreover remonstrate that all their present exorbitant actings against the King Parl. present Government their new modled Representative are nothing else but the designs projects of Iesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Lawes Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdomes yea the Generall Officers and Army themselves and that with speedy and inevitable certainty to betray them all to our forraigne Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forraigne Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Iesuiticall disloyall bloudy present Counsels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdomes in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. Ianuary Num. 283. 27. Decemb. The Councell of Warre who manage the businesse in relation to the King saith the Diurnall ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and worke Him to their desires 52. Cromwels Sp. in the Ho when it was first propounded to trie the King When it was first moved in the House of Commons to proceed capitally against the King Cromwell stood up and told them That if any man moved this upon designe he should thinke him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the sudaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confirmed 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegall as they please to miscall them Oathes of Allegiance Supremacy and other Oathes usually administred to Officers Free-men c. of the City The 28. Decemb. Tho Scot brought in the Ordinance for Triall of the King it was read and recommitted three severall times 54. The Ordinance for Triall of His Majesty passed
give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Iurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not be heard against the highest Iurisdiction King Shew Me that Iurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Iudicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I tooke defended My selfe with Armes I never tooke up Armes against the People but for the Lawes Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d daies Triall of His Majesty Tuesday Ianuarij 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cooke May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Barre before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to doe that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Standard for Warre against his Parliament and People and I did humbly pray in behalfe of the People of England That He may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Iurisdiction of the Court which the Court did then overrule and command Him to give a direct and positive Answer My Lord besides this great delay of Iustice I shall now humbly move your Lordship for speedy Iudgement against Him I might presse your Lordship upon the whole That according to the knowne rules of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a faire Triall that by an implicite Confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Barre hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the remnant of the Ho of Comm had fore judged the K ng before they erected this nevv Court to sentēce Him and claime a Jurisdiction as vvell as a Supreme Authority That the House of Commons the Supreme Authority and Iurisdiction of the Kingdome they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as cleare as crystall and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalfe severall Witnesses to produce and therefore I doe humbly pray and yet I doe confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Iustice and Iudgement and therefore I doe humbly pray that speedy Iudgment be pronounced against the Prisoner at the Barre Bradshaw Sir You have heard what is moved by the Councell on behalfe of the Kingdome against you you were told over and over againe That it vvas not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England frō vvhich there is no appeal touching vvhich there must be no dispute yet you did persist in such cariage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the high Court that constituted this high Court of Iustice Sir I must let you know from the Court that they are very sensible of these delaies of Yours and that they ought not being thus Authorized by the Supreme Court of England be thus trifled vvithall that they might in Justice and according to the rules of Justice take advantage of these delayes proceed to pronounce Judgement against you yet neverthelesse they are pleased to give direction and on their behalfe I doe require you That You make a positive Ansvver unto this Charge that is against you in plaine Tearmes for Iustice knowes no respect of Persons you are to give your positive and finall Answer in plaine English whether you be guilty or not guilty of these Treasons laid to your charge King When I was here Yesterday I did desire to speake for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Brad. Sir You have had the resolution of the Court upon the like Question the last day and you were told that having such a Charge of so high a nature against you Your work was that you ought to acknowledge the Jurisdiction of the Court to answer to your Charge when you have once Answered you shall be heard at large make the best defence You can But Sir I must let You know from the Court as their Commands That You are not to be permitted to Issue out into any other discourses till such time as You have given a positive Answer cōcerning the matter charg'd upon you King For the Charge I value it not a Rush it is the Liberty of the People of England that I stand for for Me to acknowledge a new Court that I never heard of
from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to doe We doe hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Brethren of Scotland and Ireland who are united and conjoyned with us in Covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers Concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Iustice of it selfe and having no power to heare and determine any civill or criminall Causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void illegall Commissions 3. That the House of Commons and Members now sitting have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Iudges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Stature of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at a Conference of both Houses of Parl concerning Ship mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloody murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such Commissions and proceedings and by the power of an Army to enforce them and the Iudges Iustices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions or to act as Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their Oaths Covenant Callings and Places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
but without that of the Person dis-inherited after the Fine paid in three yeares to pay the costs of building of it in six yeares or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earle of Leicester to pay two yeares Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entered Northampton yet fought not but entered the Church 16. Such as held not of the Earle yet at his command entered to the action with him to pay half one years Revenue 17. Such as held of the Earle to be onely at the Kings mercy 18. Impotent Persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punisht by Law yet without losse of life or limb 19. Malitiously accused to have their Estates immediately restored 20. Women to have their owne Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been Pardoned to remaine so 23. Those that are fined to answer no Losse done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publique Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Trouble sby any to whom he ought to Succeed You see what great care was here taken to prevent spoyle and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to Keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. Iune 178. The losse of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admirall Col. Edw. Popham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismall Relation of his ill successe in tampering with the Governour of Kingsale in Ireland who proving honester than rhe Saints expected tooke a summe of money of him to betray the Towne Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livory and seasin and divers Ships he was commanded to conceale this Ill newes lest it discouraged the City to engage so farre with them as to entertaine them in the condition of a Free-State and surrender the Sword to them and so spoile the Designe of their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of Iune and lest it should dishearten more secluded Members from comming to sit in the House with them againe knowing tbat Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Iune Popham made another kind of Report to the Plebeians of the Commons House who must not be trusted with the truth of State-mysteries but like Wood-cocks must be led in a mist Thvt he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietnesse and the better to adorne the fable and suppresse the truth from approaching the ears of the people the House that day 5. Iune passed an Order That for this remarkable additionall mercy bestowed upon them in the prosperous successe given to their Fleet at Sea upon Thursday next 7. Iune the day set apart for publique Thanksgiving the Ministers should praise God Lord since these audacious Saints are so thankfull to thee for one beating bestow many more beatings upon them for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like successe since which time forty sayle of Ships are pressed in the Thames to recruit their shattered Navie Scout from Iune the 8. to 15. 1649. given forth to be a Winter Guard at Midsomer 179. Gifts given amongst the Faction Iohn Blackiston is packed away to the other world and the House upon 6. Iune voted to his Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the losse of his pedlery Ware in his Shop at Newcastle he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead 500 l. more was given to Iohns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 4000 l. per ann Lands are to besetled upon the Generall out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon-Parke upon the Earle of Pembroke 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services 4868 l. to the Lord Lisle out of the Monthly Assessment for Ireland for his penny-worth of good service done there you see to what purpose we pay Taxes 2000 l. Land per an and 1000 l. Money given to Bradshaw the price of Bloud And 400 l. more given to the Poor of the City to stop their mouths from cursing upon the Thanksgiving-day out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government this is according to the Spanish Proverb To steale a Sheep and give away the Trotters for Gods sake You
him to contemne them both Thus putting my trust in God I put Pen to Paper and my life into the scales vvhere God I knovv holds the ballance he vvhose providence takes notice of a Sparrovv falling from the house-top vvill vvatch over me and either protect me against them or receive me from them Cromvvell and Ireton by advice of their thriving Iunto of Independents in the tvvo Houses having mutinied the Army against their Masters the Parliament 2. An Introductory Repetition See my I. Part of the History of Independency sect 7 8 9 10 11 13 14. found that crime could not be defended but by committing greater vvherefore they seized the Kings Person at Holdenby to gaine Authority vvith the People that they might the better subdue the Parliament to their lusts for the better expediting vvhereof Sect. 18 19. they courted the City of London to sit Neuters and let them vvorke their vvills vvith the Parliament vvhich Myne not taking fire they united the scismatical Party of the City and Countrey to them and all such as being guilty of publique cheats and spoyles desired the protection of the Svvord to make good their rapines and accounted all men else as Enemies applying themselves to vvooe and cajole the People easily vvrought upon as being vveary of the VVarre and of the Mis-government Factions confusions and oppressions of their nevv Masters the Parliament vvhich indeed vvere very great but aggravated by them and their Agitators beyond the truth and the vvhole vvaight of them charged upon the more moderate and innocent Party onely because they vvere their Opposites vvhereas had they set the saddle upon the right horse as sure as Iudas bore the Bagge the Independents must have rid before the Cloak bagge they being the Publicans and Sinners that handled most publique treasure The Layers on Exactors Treasurers c. of Taxes the farre more numerous and busie party in all Mony-Committees and gainfull Employments Engrossers of all great Offices and the greatest Sharers of Publique money amongst themselves for Compensations for Losses and Revvards for Services pretended and consequently that Faction vvere the greatest Dilapidators of the Common-vvealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent faction lay their Bastards at other Mens dores making a shevv to redresse those faults in other men vvhich themselves are chiefly guilty of vvherefore the better to ingratiate themselves vvith King and People they printed and published Engagements Declarations Remonstrances Manifestoes Proposals and Petitions of their ovvne penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steale the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publique Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Lavves Liberty and Property Setlers of Religion Maintainers of the Priviledges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives vvith honour freedome and safety to his Person originally their ovvne vvords Booke of Declarations of the Army pag. 112. Represent of the Army at S. Albons Iune 23. 1647. B. Decl againe p. 64 Sir Tho Fairfax's Letter to the Houses from Reading Iuly 6. 1647. B. Decl againe p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 1â— 14 4â— and my Animadverssions upon the Armies Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands Nevv Chains and the Hunting the Foxes from Nevv Market and Triplo heath to White hall by five small Beagles p. 6 7. See my Animadversions upon the Armys Remonstrance Nov. 20. 1648 and Putney Projects p. 43. and Major Huntingtons Relation in a Booke caled A plea for King and Kingdome in Answer to the Armys Remonst presented Novemb. 20. 1648. pag 14 15. 16. and Second part of England's New Chaines and the said Hunting of the Foxes c. And the Reasons inducing Major Robert Huntington to lay downe his Commission though since they Quarrell vvith Parliament City for using them Reducers of his Queen and Children vvithout vvhich they openly professe and Declare positively in many printed Papers to the vvorld and the Parliament There can be no setled peace nor happinesse to this Nation The truth of this Assertion vvas obvious to the meanest Capacities and vvill sodainly be proved by deare and lamentable experience To all these undertakings they novv hunt directly counter yet in pursuance of these undertakings the Army by their ovvne Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtaine from his Parliament They treated vvith him yea they vvrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to preferre the Proposals of the Army and then presuming they had him fast lymed they propounded to him anevv as I have it from good hands private Proposals for the Interest of the Independent Grandees and the Army derogatory to the Kingly Povver and Dignity to the Lavves Liberties and Properties of the Subject and destructive to Religion To vvhich his Majesty giving an utter denyall they began to entertaine nevv Designes against the Kings Person and Kingly Gouvernment vvhich they ushered in by setting the Schismaticall and Levelling Party on vvork in City and most Counties to obtrude upon the Houses clamorous Petitions against further Treaties and demanding exemplary Iustice against the King exceedingly laboured by Cromwell himselfe in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Decemb. 11. 1648. vvas the most eminent these men that insolently petitioned against the fundamentall Government of the Land and Peace by Accommodation vvere entertained vvith Thanks Others that petitioned for Peace by Accommodation vvere entertained vvith Frovvns disfranchisings sequestrations vvounds and death as the Surrey Gentlemen this shevved vvith hovv little reality the over-ruling Party in the Houses Treated vvith the King 2. part of England's Chaines discovered 1. Treaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of VVight 2. The Parliament that is the predominant Party pursued him thither vvith offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he passe 4. Dethroning Bills of so high a nature that he had enslaved the People subverted Parliaments and had made himselfe but the Statue of a King and no good Christian had he by his Royall assent passed them into Acts of Parliament 1 par Hist Ind. sect 62 63 64. and the Parliament or rather the Grandees
jugling trick to make them acknovvledge the Lord Fairfax Authority and become voluntary Prisoners upon their ovvne engagement and vvas therefore refused The next morning being Thursday the Imprisoned Members had vvarning given them to meet the Generall and his Councell of VVarre at VVhite-hall vvhither they vvere Guarded in Coaches tyred out vvith vvatching and fasting But the mechanick Councel took so much state upon them that after six or seven hovvers attendance untill darke night and no admittance nor application to them they vvere led avvay from thence on foot vvith Guards of Musketiers like Thieves and Rogues and thorovv the kennels like Col. Prides Dray-horses to the Swan and Kings-head tvvo Innes in the Strand and there distributed under severall Centinels The Souldiers making a stand vvith them sometimes halfe an hovver together in the snovv and raine untill they had put their Guards into a marching posture and reviling them See the 2. part of Englands Chaines discovered and the Hunting of the Foxes c. that they were the men that had cousened the State of their money and kept back their Pay Vpon vvhich scandalous provocation some of them Ansvvered That it was the Committee of the Army and their owne Officers that had cousened them vvhich some of the Foot-Souldiers then acknovvledged Besides the 41. Imprisoned Members the Officers standing severall daies vvith Lists of Names in their hands at the Parliament dore have turned back from the House and denied entrance unto above 160. other Members besides 40. or 50. Members vvho voluntarily vvithdrevv to avoid their violence all vvhom they knovv to be Losers by the VVarre and therefore desirous of a safe and vvel-grounded peace so that they have made vvarre against the majority of the House that is against the vvhole House for major pars obtinet rationem totius by all our Lavves and Customes The major part of the House is virtually the whole House vvhich is Treason by their ovvne Declarations and Remonstrance farre higher than that vvhereof they accuse the King and for vvhich they demand Iustice against Him and the remaining faction of 40. or 50. engaged Members vvho novv passe unpresidented Acts of Parliament of the House of Commons as they call them vvithout the Lords ought not to sit Act nor take upon them the stile of a House under so visible actuall and horrid a force both by the Lavves of the Land and their ovvne Ordinance passed August 20. 1647. To null and void all Orders Votes and Acts passed under the Tumult of Apprentices from Iuly 26. to the 6. August following and yet the said Tumult ended the said Iuly 26. vvhen it begun See the said Ordinance herevvith printed The Army vvho novv acknovvledge no povver but that of the Svvord as Major VVhite long since foretold at Putney and vvhose principle it is To break the Powers of the Earth to pieces as VVilliam Sedgewicke in his Iustice upon the Army Remonstrance saith And who as Ioh Lilburne in his Plea for Common Right p. 6. saith have by these extraordinary proceedings overturned all the visible supreme Authority of this Nation now suffer onely their owne Party of 40. or 50. Members to sit and doe journey worke under them who are Enemies to peace and have got well by fishing in troubled waters and hope to get better so that hardly a seventh or eighth part of the Counties Cities and Burroughs that ought to have Members sitting have any body to represent them and therefore hovv they shall be bound by the Votes and Acts of this fagge end this Rump of a Parliament vvith corrupt Maggots in it I doe not see Friday Decemb. 8. a Message from the Generall vvas brought to Sir Robert Harlow that he might go home to his house giving his engagement not to oppose the actings and proceedings of this present Parliament and Army The like vvas offered to divers others you see hereby vvhat the offence of these Imprisoned Members is onely a feare that they will defend the fundamentall Government the Religion Lawes and Liberties of the Land the Kings Person and Authority and the being of Parliaments against the Tyrannicall and Treasonable practices of the Army and their House of Commons The small remnant of the House of Commons sent sundry times to the Generall to knovv why he Imprisoned their Members 24. Reasons proving that the remaining faction or Iunto sitting under the force of the Army were consenting to the securing secluding their Members sect 134 135. and humbly to beseech him to set them at liberty if he had nothing against them But all this vvas but prevarication and false shevves for 1. Their base and conditionall vvay of demanding their Liberty if he had nothing against them implies an acknovvledgement of the Generalls jurisdiction and conusance over them and an invitation of him to accuse them 2. Their sitting and acting under so brutish a force before their Members righted or the honour of the House vindicated is a deserting and yeilding up of their Membres honour 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling Ansvver to their said Demands concerning the secured and secluded Membres as aftervvards they did vvithout hearing vvhat the said Members could say for themselves is cleerly a forejudging and betraying them 4. Their late Votes That no man shall peruse their Iournall Booke of Orders c. without speciall leave is purposely done to barre the said Membres vvho cannot make any perfect Ansvver in confutation of the Scandals cast upon them by the Generall Councels printed Libell against them vvithout having recourse to the said Booke to see vvhat Votes passed for Ireland for the 200000 l. and other matters To say nothing hovv unusuall and unjust it is to keep the Records of the House from the vievv and knovvledge of any man and yet to expect their obedience to them 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced and imploying Souldiers to Search all Printing Houses dayly is done in ordre to barre the said accused Members from publishing an Ansvver in their justification 6 Their Summoning Mr. Pryn by ordre to appeare at the Commons Barre knovving him to be still a Prisoner to the Army shevves that the Army and they serve each others turnes against them 7. And Lastly the Declaration of the present House of Commons dated Iaen 15. 1648. is nothing but an eccho of the said Ansvver of the Generall Councell against the said secured and secluded Members They that are so vvickedly industrious to destroy these Gentlemens credits doe this as a preparative to destroy their Persons and seize upon their Estates for the maintenance of a nevv VVarre vvhich they foresee their violent courses vvill bring upon them and for the farther inriching of themselves and establishing their Tyranny vvhich they miscall The Liberty of the People This violent purge vvrought so strongly upon the House and brought it to that vveaknesse that ever since
Clotworthy Major Gen Massey and M. Lionell Copley Members of the House of Commons That he had Orders from the Lord Generall and Councell of the Army to remove them from the other Prisoners to S. Iames's They replied to him That they desidered to see his Orders the Marshall Ansvvered Thy were onely verball but the Gentlemen insisting to see a VVarrant for their remove the Marshall vvent to the Generall and from him about six a clock brought an Order a true Copie of vvhich follovves viz YOu are upon sight hereof to remove Sir Will Waller Sir Iohn Clotworthy Major Generall Massey and Colonel Copley from the Kings-head Inne vvhere they are novv in Custody to Saint Iames's and for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. To Marshall Generall Lavvrence T Fairfax This Order being shevved unto the foresaid Gentlemen S. VVilliam VValler produced a Paper desiring that the same might be presented to the Generall vvhich Marshall Lawrence refused to receive upon vvhich the said Sir VVilliam VValler and the other three Gentlemen desired the said Marshall and all the Gentlemen there present to attend and vvitnesse to that Protestation vvhich they did there make in behalfe of themselves and all the Commons Free-borne Subjects of England so vvith a distinct and audible voice read their Protestation as follovveth WE whose Names are hereunto subscribed being Members of the House of Commons and Free-men of England doe hereby Declare and protest before God Angels and Men That the Generall and Officers of the Army being raised by the Authority of Parliament and for defence and maintenance of the Priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure deteine imprison or remove our Persons from place to place by any colour or authority whatsoever nor yet to question or trie us or any of us by Martiall Law or ortherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removall of our Persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamentall Lawes of the Land and a higher usurpation and exercise of an Arbitrary and unlawfull power then hath been heretofore pretended to or attempted by this or any King or other power whatsoever within this Realme notwithstanding which VVe and every of us doe Declare our readinesse to submit our selves to the Legall triall of a Free Parliament for any crime or misdemeanour that can or shall be objected against us In vvitnesse vvhereof vve have hereto subscribed our Names the 12. of December 1648. At the Kings-head in the Strand VVilliam VValler Iohn Clotworthy Edward Massey Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members discharged Sir Simon Dewes Members secured vvere set at liberty vvithout any engagement although at first it vvas demanded they should engage not to attempt any thing against the present actings of this Parliament and Army vvhich they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered vvas delivered into the vvorld a monstrous Beggers Brat called The Agreement of the People It is very judiciously Ansvvered by Mr. VVilliam Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. vvhereof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction vvithout any colour of Lavv or Right should agree together to take away finally the present Government by King Lords and Commons vvhich the Kings Party heretofore charged upon the Parliament as their Designe for vvhich they fought vvhereupon the Parliament to vindicate hemselves published many Declaratione and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes avvay the legall right from Burroughs to chuse members of Parliament this admitted they may as vvell conspire to take avvay any Lavv or any mans Life or Estate by vvhich rule vve could enjoy nothing but at the vvill of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon farre better grounds as being farre the more numerous and standing for defence of those auntient Lavves vvhich doe constitute the People and Common-vvealth of England vvhich vvill breed infinite confusions and divisions and vvhat those that call themselves the People novv agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Triall hath been made by the present knovvne legall povver of England vvhether those inconveniences may not be removed vvithout subverting the present Government and introducing so totall a change as vvill be very dangerous and grivous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. vve are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments vvhich this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the people of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as vvel as the Kings party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Lavves and Taxes imposed upon them by Subscribers vvho are the least and the least considerable party of the Kingdome and upon vvhom they conferre no trust vvhich is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knovvne Maxime in Lavv Quod omnes tangit ab omnibus tractari debet vvhat concernes all men must be debated and agreed to by all men either personally or representatively 5. It vvill raise factions and feudes betvveen the Subscribers and Non-subscribers of the Parliament party 6. It takes avvay Magistracy and Government not onely by placing such a Supreme povver over them as is disputable nay apparently illegall But by making the heady multitude the People supreme Iudges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is vvith this salvo except such Representative shall expresly violate this Agreement vvhich makes every man or number of men that shall get povver into their hands Iudges of it nor is there any other Iudge designed and if there vvere vvho shall judge that Iudge sic in infinitum the legall supreme Trust of all publique interests being taken avvay our vagabond thoughts vvander in a circle not knovving vvhere to repose our trust all Iudges all Councels may erre but the rascall multitude are the very sinke of errors and corruptions If therefore the Supreme the
who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members Michael Oldsworth Augustine Garland Sir Io. Danvers Mr. Dove Mr. Henry Smith Mr. Frye whose Election is voted void Mr. Searle Nich Love Iohn Lysle Col. Rigby Cornelius Holland Col. Ludlow Greg Clement Col. Purefoy Col. Stapeley Mr. Dunch Mr. Cawley Col. Downes Io Carey Iohn Blackiston Tho Scot. Decemb. 22. Col. Hutchinson Sir Hen Myldmay Sir Iames Harrington Decemb 25. Col. Edward Harvey Alderman Pennington Alderman Atkins Dan Blagrave voted out of the House Col. Moore Col. Millington Mr. Prideaux Roger Hill the little Lawyer Dennis Bond Col. Harrington Master Hodges Mr. Valentine Sixteene of the imprisoned Members were about this time sent for by the Generall when they came out came Ireton 44. Sixteen imprisoned Members discharged without engagement and finding Mr. Pryn amongst them he chid the Martiall for bringing him and commanded him to be taken away but Mr. Pryn refusing to depart Ireton commanded him to be thrust out by head and shoulders whereupon Mr. Pryn openly protested That the Army endeavoured uttterly to subvert the fundamentall Lawes of the Land and Priviledge of Parliament That they had no power over him nor any Member of Parliament That their late force acted upon them and their proceedings was illegall and trayterous That all men were bound to bring them to condigne punishment as Rebels and Traytours to their God their King Countrey and Parliament So Mr. Pryn was removed by the Marshall and Ireton went in once more to consult the Oracle at last came out again to the Gent telling them It was the Generalls pleasure they should be all released attempting nothing against the actings of this present Parliament and Army but said the insolent Fellow let that be at your perill so the Gentlemen expressing that they would give no engagement were released without any The 22. Decemb both Iuntoes of foure Lords 45. A mock Fast kept by the two Houses and H. Peters comick Sermon and twenty Commons kept a mock Fast at Saint Margarets Westminster where Hugh Peters the Pulpit-Buffon acted a Sermon before them the subject of his Sermon was Moses leading the Israelites out of Aegypt which he applied to the Leaders of this Army whose designe is to lead the people out of Aegyptian bondage But how must this be done that is not yet revealed unto me quoth Hugh and then covering his eyes with his hands and laying downe his head on the cushion untill the People falling into a laughter awakened him He started up and cried out Now I have it by Revelation now I shall tell you This Army must root up Monarchy not onely here but in France and other Kingdomes round about this is to bring you out of Aegypt this Army is that corner stone cut out of the Mountaine which must dash the powers of the earth to pieces But it is objected The way we walke in is without president what thinke you of the Virgin Mary was there ever any president before that a Woman should conceive a Child without the company of a Man this is an Age to make examples and presidents in 46. The Councell of Wat vote a Toleration of all Religions Decemb. 25. The Councell of Warre voted a Toleration of all Religions you see they vote like States men as well as their Parliament About this time a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordinance 47. The Common Councell petition against Skippons additionall Ordinance in vaine That none should Elect or be Elected or execute the Place of Lord Mayor Alderman Aldermans Deputy Common-Councell-man c. that had signed the Petition for a Personall Treaty c. because they found the City generally ingaged in the said Petition so that they could not find Men enough to Elect or be Elected Wherefore it was referred to a Committee to thinke of a remedy worse than the disease as it proved afterwards You see the petitioning for a Personall Treaty was so universall and publique that it could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capitall Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men and subscribed and prosecuted by some few beggerly Schismaticks without Cloakes 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 * 48. Somerset shire encouraged by the House to associate all the welaffected i.e. all the Anarchists and Cheaters 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 welaffected and forces of the Counties adjacent this is to associate 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 Generall 49. Mr. Pryns Letter to the Generall 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 Fairfex 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 Regall and Prelaticall tyranny and no way subject to your owne your Councell of Warres 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 dore forcibly kept back from entring the House seized on and carried away thence without any pretext of Lawfull Authority thereto 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 custodie and tossed from place to place contrary to the knowne Priviledges of Parliament the Liberty of the Subject and fundamentall Lawes of the Land which your are engaged to maintaine against all violation And therefore doe 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 owne hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke Who returned this Answer by him upon the reading thereof THat he knew not but Mr. Pryn was already released and that he would send
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie him for his life in the Upper Bench forsooth which all the Lawes call the Kings-bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for Publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit to morrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
the Houses formerly in their Ordinances presented to Him at New-castle did themselves thinke fit to settle it For the Sale of Bishops Lands upoÌ„ the Publique Faith we say Every cheating Saint of the Faction must have the Publique Faith exactly kept though he bought the Lands but at 2. or 3. yeares just value and vvith such monies as he thad formerly cheated the State off vvhen other men vvho have lost the best part of their Estates by and for the Parliament for compensation vvhereof they have the Publique Faith engaged by Ordinances are consumed by Taxes and repayed vvith reproaches onely That although the Purchagers might well have afforded to have given the same rates for their purchases which they now give if they might have had them assured by Act of Parliament for 99. yeares and such moderate Rents reserved as the King intimates in his Answer yet in His Answer He expresseth a farther satisfaction to be given them upon which we should have insisted notwithstanding the said Vote 5. Decemb. 1648. We farther alleage That the King having granted the rest of the Propositions and so much in these 2. Delinquents and the Church the Nationall Covenant doth not oblige us to make Warre upon this point nothing can make Presbytery nor the Purchasers of Bishops Lands more ordious nor endanger them more than to make them the sole obstacle of peace nor could any thing more worke the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to passe the said Vote 5. Dec. 1648. come next to be considered 1. The saving of Ireland 2. The Regaining the Revolted Navy and freedome of the Seas 3. The support of the Auncient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a Breach with the King Returne to sect 71. As 1. the Deposing the King if not the depriving Him of life whereupon flouds of misery will follow and schandall to the Protestant Religion which we from our hearts detest abhorre see the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himselfe into the Armes of forreigne Popish Princes embrace Popish Allyances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seate of the Warre 4. The vast Debts of this Kingdome upon the Publique Faith will never be paid in Warre but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings every years Warre destroies more Families and makes more Malignants through discontenting pressures untill at last the Souldier seeing no hope of pay the People no hope of peace and case fall together into a generall and desperate tumultuousnesse the power of the Sword apparently thereatning a dissolution of Governement both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lend an eare to admit a thought towards the laying downe their owne power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People viz To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That watsoever the King granted He might plead Force to breake it and spoyle us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoyling us by policy The Kings of this Land could never encroach upon our good Lawes but by corrupt Iudges and Ministers who though they could not abrogate the Law made it speake against it selfe and the intended good of the People or else by the power of Courtiers stopping the course of justice at the Councell Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Iudges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there Another Objection is That they had intelligence that had they been suffered to meet all in the House once more For this you must take the faith of the mysty brayned Pen-man vvho had this as vvel as many other grosse Lies by Revelation The Army had had the King in their povver and had the Parliament adjourned the sole povver of the Kingdom had been left in the Army vvhich is a thing aymed at by them it was designed to have passed some higher resolutions to lay farther foundations of a new quarrell so as to carry therein the name and countenance of Parliamentary Authority together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another Warre To this we say the House immediatly upon passing the Vote 5. Decemb. Sent a Committee to the Generall to conferre with him and his Officers and keep a good correspondency with them To which the Generall promised his readinesse howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shewes they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custody are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no lâ—sse crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appeares what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be Legally carried in a judiciall way by competent Judges not preingaged In the meane time we conclude That Souldiers whose advantages arise by Warre are not fit to judge of the Peace of the Nation 74. A DeclaratioÌ„ by Mr. VValker and Mr. Pryn. The 19. Ian. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the Actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the
have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their Cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodromus that Type and figure of him Iohn of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty Conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby devesting us of those Lawes which shall distinguish us from Slaves denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith blind obedience from us to all the Votes of this half quarter of a House of Commons so farre that they Vote obedience to the knowne Lawes in many cases to be Treason vvhat all our Lavves call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Oliver's Nose a Ruby they vvould expect vve should svveare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Lavv nor prescription Theaters of illegall tyranny and oppression to take avvay mens lives Arbitrarily for actions vvhich no Lavv makes criminous nay for such acts as the Lavves command vvhere their proceedings are contrary to Magna Charta and all our knovvne Lavves and usages not per probos legales homines no Juries no svvorne Judges authentically chosen no Witnesses face to face no formall Indictment in vvhich a man may find errour and plead to the jurisdiction of the Court or vvhere the Court ought to be of Councell vvith the Prisoner but the same engaged and vovved Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of Bloud The King pressed earnestly especially upon Monday 22. Ian. to have His Reasons against the Iurisdiction of the Court heard but vvas as often denied He intended then to give them in vvriting vvhich vvas likevvise rejected so they vvere sent to the presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to deliver in Writing on Monday Jan. 22. 1648. 86. His Majesties Reasons against the Iurisdiction of the high Court of Iustice published after His condemnation Faithfully transcribed out of the Originall Copie under the Kings owne Hand HAving already made my Protestations not only against the illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more then to referre My selfe to what I have spoken vvere I alone in this case concerned But the duty I ovve to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right daily make new abrogate the old fundamentall Law of the Land which I now take to bee the present case Wherefore when I came hither I expected that you would have indevoured to have satisfied Me concerning these grounds which hinder Me to Answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a reason seek to impose a beliefe upon My Subjects * * Hereabout I vvas stopt and not suffered to speak any more cōcerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lie against the KING they all going in His name and one of their Maxims is That the King can doe no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamentall Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it selfe as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speake not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or doe I forget the Priviledges of both Houses of Parliament which this daies proceedings doth not onely violate but likewise occasion the greatest breach of their Publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended Crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any
thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamentall Lawes of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought sit to be inflicted on them shall speake or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties Property of the People One whereof was instanced to Me viz. That the KING should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke fit and to settle a very great Tax upon the People by a Land Rate for an established pay for the Army to be collected and leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of Descent and proclaimed it Treason for any Person to Proclaime Him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes unto them contrary to Law though they have no Authority by any Law Statute or Custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and beeing of Parliaments for which Treasons Strafford and Canterbury though leste criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burroughs for which we serve doe by this present Writing in our own Names and in the Names of all the Counties Cities and Burroughs which We represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We doe from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our Consents as treasonable wicked illegall unparliamentary tyrannicall and pernitious both to the King Parliamt Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said Confederates shall not speedily retract and desist
Sir Arthur Haslerigge Governour of New Castle vvho vvithout any publique Authority presumed to lay on a Tax of 4 s. a Chaldron upon the Coales there vvhich is estimated to amount to 50000 l. a yeare vvhat use that Money vvas put to vvas as variously vvhispered as likevvise vvhat designe they had in bringing so pinching a vvant upon the City some said it vvas to enforce the poorer sort into Tumults and then to charge the vvealthier sort vvith the crime and ensnare them others said it vvas to cast an odium upon the PRINCE as if His Ships had kept in the Colliers The 23. March 1648. The Commons Ordered 137. The Lo Mayor ordered to proclaim in person the Act for Abolishing the Kingly Office and punished for neglect That the Lord Mayor of London in Person be required to publish and proclaime in the City the aforesaid Act for dissolving Kingly Government and to give an account thereof to the House The Mayor refusing this service vvas by the Commons called to the Barre fined 2000 l. committed Prisoner to the Tovver and outed of his Mayoralty and Alderman Andrewes a Man after their ovvne heart chosen by a fevv Schismaticks in his Place Ordered by the Commons upon a report from the Councell of State that Commissioners be appointed to make Sale of the Kings 138. The Kings Queens and Princes personall Estate ordered to be sold Queens and Princes Personall Estate upon Inventory and Apprisall for satisfaction of all just Debts due to well-affected Persons viz Men of their Faction in this Nation before the beginning of these VVarres But first 30000 l. to be taken out of it for the use of this Summers Fleet and that it be reserved back to the 40 Hogen Mogens or Councell of State to consider what they think sit to be sold and what they thinko sit to keep and reserve for the use and furniture of them and their Attendants Observe that by that time this gulph is stopped the vvhole remainder to be sold for payment of Debts aforesaid may be vvritten vvith a Cypher 139. Crown Lands shar'd amongst the Godly I heare the House hath given away the KING's House Parks and Honour of Eltham to Sergeant Bradshaw their quondam President Greenwich to Bolstrode VVhitlocke The Lyons Skin is novv dividing amongst the Party Thus have they killed and taken possion and the King's Revenue hath proved as ominous to Him as Naboth's Vineyard vvas to his Master 140. Another Report for an establishment for the Army Diurnall Mar 30 31 1649. This day another Report vvas made to the House from the Committee of the Army of the particular summes to be Monthly leavied in each County to make up the vvhole summe of 90000 l. Monthly fot the Armies of England and Ireland besides 20000 l. per mens out of Fee-farme Rents 28 March 1649. The Commons in pursuit of the advice given them by Monsieur Paw 141. An Order that no Preacher meddle with State affairs and according to the example cited by him of the Low Countrios Ordered That no Minister in his Pulpit should meddle with any State affairs had this been observed from the beginning these Pulpit Incendiaries had never kindled a VVar betvveen the King and Parliament 142. The 5. Lights of Walton About the beginning of Lent last Master Faucett Minister of VValton upon the Thames in Surrey preached in his Parish Church after dinner vvhen he came dovvne out of his Pulpit it vvas tvvylight and into the Church came six Souldiers one of them vvith a Lanthorne in his hand and a Candle burning in it in the other hand the had foure Candles not lighted He vvith the Lanthorne called to the Parishoners to stay a little for he had a Message to them from God and offered to go up into the Pulpit but the Parishioners vvould not let him then he vvould have delivered his errand in the Church but there they vvould not heare him so he vvent forth into the Church-yard the people follovving him vvhere he related to them That he had a Vision and received a command from God to deliver his will unto them which he was to deliver and they to receive upon paine of damnation It consisted of 5 Lights 1. That the Sabbath was abolished as unnecessary Iewish and meerly ceremoniall And here quoth he I should put out my first Light but the wind is so high I cannot light it 2. Tythes are abolished as Iewish and ceremoniall a great burden to the Saints of God and a discouragement of industry and tillage And here I should put out my second light c. as aforesaid vvich vvas the burden of his song 3. Ministers are abolished as Antichristian and of no longer use now Christ himselfe descends into the hearts of his Saints and his Spirt enlighteneth them with Revelations and Inspirations And here I should have put out my third Light c. 4. Magistrates are abolished as uselesse now that Christ himself is in purity of Spirit come amongst us and hath erected the Kingdom of the Saints upon earth besides they are Tyrants and Oppressors of the Liberty of the Saints and tie them to Lawes and Ordinances meer humane inventions And here I should have put c. 5. Then putting his hand into his pocket and pulling out a little Bible he shewed it open to the People saying Here is a Booke you have in great veneration consisting of two parts the Old and New Testament I must tell you it is abolished It containeth beggarly rudiments milke for Babes But now Christ is in Glory amongst us and imparts a fuller measure of his Spirit to his Saints then this can afford and therefore I am commanded to burne it before your faces so taking the Candle out of his Lanthorne he set fire of the leaves And then putting out the Candle cryed And here my fift Light is extinguished Upon a Report from the Councell of State 143. The Earle of Warwicke's Commission recalled and 3 Admirals appointed the Commons Voted void the Earle of Warwick's Commission for Admirall and appointed three Commissioners to have and execute the Admirals Place with 3 l. a day a piece a Commission for Martiall Law and Land Souldiers aborad to keep under the Seamen The three Admirals are Col. Edw Popham Col. Rob Blake and Col. Deane Sunday after Easter-day 144. Cormvvell turned Preacher six Preachers militant at White-hall tried the patience of their Hearers one calling up another successively at last the Spirit of the Lord called up Oliver Cromwell who standing a good while with lifted up eyes as it were in a trance and his neck a little inclining to one side as if he had expected Mahomet's Dove to descend and murmure in his eare and sending forth abundantly the groanes of the Spirit spent an hower in prayer and an hower and an halfe in a Sermon In his prayer he desired God to take off from him the Government of this mighty People
of England as being too heavy for his shoulders to beare An audations ambitious and hypocriticall imitation of Moses It is now reported of him that he pretendeth to Inspirations and that when any great or weighty matter is propounded he usually retireth for a quarter or halfe an hower and then returneth and delivereth out the Oracles of the Spirit surely the Spirit of Iohn of Leyden will be doubled upon this Man 145. The last Retreat of the faction by H. Martius report About this time the Palsgrave tooke his leave of the Parliament being much courted and complemented by them and his 8000 l. per annum with all Arreares confirmed to him since his departure Harry Martyn in a jolly humour was heard to say If the worst hapned and that they should not be able to stand their ground in England yet the Palsgrave would afford them a place of retreat in the Palatinate the seeds of these Anarchicall Anabaptisticall humours upon the reducing of Munster spread themselves in England and now have a mind to returne into Germany to kindle a fire there 146. Io. Lilburne's third Booke called The Picture of the Councell of State About this time Iohn Lilburne and his Company set forth a Book called The Picture of the Councell of State c. wherein they set forth the illegall and violent proceedings of the said Councell against them in seizing upon them with armed Bands of Souldiers and interrogating them against themselves c. where they have these words The Faction of a trayterous Party of Officers of the Army hath twice rebelled against the Parliament and broke them in pieces and by force of Armes culled out whom they pleased and imprisoned divers of them and layed nothing to their charge and have left onely in a manner a few men besides 11 of themselves viz the Generall Cromwell Ireton Harrison Fleetwood Rich Ingolsby Haslerigge Constable Fennicke Walton and Allen Treasurer of their owne Faction behind them that will like Spaniel-dogs serve their lusts and wills yea some of the chiefest of them viz Ireton Harrison c. yea Mr. Holland himself styled them a Mock-Parliament a Mock power at Windsor yea it is yet their expressions at London And if this be true that they are a Mock-power and a Mock-Parliament then Quaere Wether in Law or Iustice especially considering they have fallen from all their many glorius promises and have not done any one action that tends to the universall good of the people can those Gentlemen sitting at West-minster in the House called the House of Commons be any other than a factious company of Men trayterously combined together with Cromwell Ireton and Harrison to subdue the Lawes Liberties and Freedomes of England for no one of them protests against the rest and to set up an absolute and perfect tyranny of the Sword will and pleasure and absolutely intend the destroying the Trade of the Nation and the absolute impoverishing the people thereof to fit them to be their Vassals Slaves And againe the three forementioned Men viz Cromwell Ireton and Harrison the Generall being but their stalking horse and a cypher and their trayterous faction having by their wills and Swords got all the Swords of England under their command and the disposing of all the great Places in England by Sea and Land and also the pretended Law-making power and the pretended Law-executing power by making among themselves contrary to the Lawes and Liberties of England all Iudges Iustices of Peace Sheriffs Bayliffs Committee-men c. to execute their wills and tyranny walking by no limits or bounds but their owne wills and pleasures and trayterously assume unto themselves a power to leavy upon the people what money they please and dispose of it as they please yea even to buy knives to cut the peoples throats that pay the money to them and to give no account for it till Doomes-day in the afternoone 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 Trades are lost and their Estates spent to procure their Liberties and Freedomes be cessed about 100000 l. a Month Master Boone a Member of the House lately a Tapster hath 6000 l. given him Sir Arth Haslerig 3 great Manours Bishops-Aukland Ever-wood and another Col. Backster the pitifull 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 sixten 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 yeares purchase the true and valuable rate considered as they have already done and to give 4 or 5000 l. per annum over againe to King Cromwell as they have done already out of the Earle of Worcesters Estate c. besides about 4 or 5 l. a day he hath by his Places of Lieut. 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 behalfe of Io Lylburne and his company 2. April 1649. A Petition subscribed by divers Persons in behalf of Iohn Lylburne 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 penalty annexed but together therewith the manner and methode of proceedings ascertained 3. That the execution of Lawes 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 one 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 April 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deanes and Chapter
Lands to maintaine supernumerary Itinerant Ministers who should be Authorized to go up and downe compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the raskall multitude and schismaticall rabble against all men of best quality in the Kingdome to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Lawes and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdome of the Saints upon the ruines of our antient Monarchy These men like Balaam shall blesse and curse for hire and vent State-news State-doctrine and poyson the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helme they shall cousen the people with pretended illuminations Revelations and Inspirations and powre out all the Vials of Gods wrath amongst them Cromwell and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a Mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdome were arrived to that highth of impudence as to endeavour to cheat them all over againe they had by murdering the King abolishing the House of Lords putting an execrable force upon the farre major part of the House of Commons making themselves and their Party a tyrannicall Councell of State to usurp the Supreme power and Government See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl and Army And A seasonable Caution to the City of London printed at the latter end of Relation Observations Hist Pol. c. endeavouring a toleration of all Religions attempting to take away Tythes mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendome to defend the common interest of Kings now controverted in England This cloud threatned to poure downe a new Warre upon them to provide a remedy therefore for this soare Cromwell moved in the House of Commons That the Presbyterian Government might be setled promising his endeuours thereto but whether he meant a Classicall or Congregationall Presbytery which differs little or nothing from Independency he did not declare and here lyeth the fallacy he likewise moved that the secured and secluded Members might againe be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshall Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civill Interest which was more irreconcilable than that interest of Church-Government whatsoever shew was made to the contrary They will not endure to heare of the KING 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Sonne of clemency and abstinency from revenge contained in His last Booke The Pourtraicture of His Majesty These things will both apologize for our young King and condemne our bloudy vindicative Saints That the Presbyterians as well as the Independents made Warre against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would looke upon both Parties as equally guilty and was deeply engaged in point of interest to cut off both Parties Endevouring by these discourses to put the Presbyterians into despaire their own and Iudas's sinne and then to work upon that base and cowardly principle of self-preservation and invite them to joyne with them in point of civill Interest and common Defence But their kindness was but like that of a malitious Man who having plague-soars upon him embraceth his Friend rather to infect than cherish him they know that by sitting voting acting and complying with them whose actions the Laws of God and the Land have damned and anathematized with the highest condemnation they should contract the guilt of all their forepassed crimes and treasons in the meane time the Presbyterians should sit and act but as a suspected Party and should be baffled and turned out again when the danger is past the Independents keeping in their owne hands all the power profits and preferments of the Land and using the Presbyterian party but as Gibeonites Hewers of wood and Drawers of water under them they invited them therefore to share with them in their sinnes shames and punishments but would keep Achans Wedge and the Babylonish Carment the profit of their crimes to themselves And as if it were not sufficient to cousen Man without mocking God the House of Commons Ordered a strict Fast to be kept upon Thursday 19 April 1649. as a day of Humiliation to implore Gods forgivenesse for the ingratitude of the people who did not sufficiently acknowledge with thankefulnesse Gods great mercies upon this Land in freeing them from Monarchy and bestowing liberty upon them by changing Kingly Government into a Free-State or Republique The Faction knew that to partake with them in these prayers was to partake of their sinnes God deliver us from those deceitfull lips whose prayers are snares whose kisses prove curses and whose devotion leads to damnation Neuer was Fast injoyned with more severity nor neglected with more contempt and horror men shunning it like the sinnes of Rebellion and Witchcraft Besides their consciences told them that they never suffered the thousandth part of the oppressions they now groane under About this time it was debated to send Supplies for Ireland 150. The jugling designe of sending part of the Army for Ireland the predominant Grandees were desirous to purge the Army as they had done the House and send the Levellers Assertors of Liberty thether the Levellers were desirous to keep their ground here and send the more mercinary enslaving and enslaved part of the Army the better to colour the designe Cromwell undertooke to be Conductor of this expedition and light them the way into Ireland with his illuminated Nose having taken order before hand that his precious selfe should be recalled time enough to keep up his party in England from sinking by his longer absence and the better to accommodate the businesse Lots were severall times cast what Regiments should goe but the Lots not falling out to the minds of the Generall Councell of
knowne Lawes of the Land which is onely due to the King His lawfull Heires Successours thereto we are sworne nor are the particular Powers Authorities granted by this Parliament to the said Keepers of the Liberties of England Councell of State yet any where authentically published made knowne to us by any avowed Act unlesse we shall account their Licenced New books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enstave us they would set us free have brought us so farre below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawne from us our money and bloud they now deny us the use of reason and common sense belonging to us as Men Governe us by arbitrary irrationall Votes with which they baite Traps to catch us woe be to that People whose Rulers set snares to catch them and are amari venatores contra dominum Men-hunters against God nay to move any Person to stirre up the People against their Authority is hereby declared Treason marke the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keepers of the Liberties of England or Councell of State shal extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in the Case of Lilburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands Wives Brothers all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army the Father or Master endeavour to withdraw him from so plundering and roguing a kind of life back to his profession Secondly if any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Soldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their conterfeit Great Seale it is declared Treason I wonder it is not Treason to counterfeit their counterfeit Coyne Behold here new minted Treasons current in no time nor place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our new Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic jubeo it shall be Treason because they vvill call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates Liberties must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants Members of the Army vacates all our Lawes Liberties Properties and destroies our Lives Behold here a short view of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons See 1 H. 4. c. 10. â—1 H. 7. c. 1. Declares 1. That to compasse or imagine the Death of the KING how much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavie Warre against the KING or adhere to His Enemies in his Realm and thereof be proveably attainted of open deed by people of their condition 4. To counterfeit the KING' 's Great or Prive Seale 5. Or His Money 6 To stay the KING'S Chancellour Treasurer Iustices of one Bench or other Iustices in Oyre Iustices in Assize and all other Iustices assigned to heare and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the 4 Lords ought to have been Tried not by a new shambles of justice doth happen before any Iustices the Iustices shall tarry without any going to Iudgment of the Treason till the Cause be shewed and declared before the KING and His Parliament not before the House of Commons onely or before both Houses without the KING whether it ought to be adjuged Treason You see how few in number these Treasons specified are and that they must be attainted of open deed by their Peeres our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem speaking of Treasons facta arguebantur dicta impune erant These horrible tyrannies considered and being destitute of all other lesse desperate reliefe I doe here solemnly declare and protest before that God that hath made me a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the Reverend name and Title of a Iudge or Iustice shall give Sentence of Death upon any Friend of mine upon this or any other illegall Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time serving State-flattering Priests and Ministers notwithstanding follow the exemples of Sampson Iudith Iaell and Ehud and by Ponyard Pistoll Poyson or any other meanes whatsoever secret or open prosecute to the Death the said Iudge and Iustice and all their principall Abettors and I doe hereby invite and exhort all generous free-borne English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramentall associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegall and tyrannous Usurpations 162. A motion to enlarge Sr Will Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the Generall was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered they were no longer his but the Parliaments Prisoners It should seem the Brute hath made a private deed of
gift of them to his Journy-men of the House The Generalls Warrant seized and Imprisoned them and notwithstandinge the Councell of Officers declared in print that they were preparing a Charge against them yet the Knaves lied like Saints they were then so farre from having matter to accuse them of that they have ever since hunted after a Charge against them and endevoured to suborne Witnesses but after 24 Weeks restraint whereas by the Law no Man ought to be comitted without an accusation they have found nothing against them This turning over of these Prisoners to their House of Commons proves what I formerly asserted § 24. That the violence of the Army in securing and secluding the Members was by consent of their Somerset house Iunto now sitting in the House of Commons 163. The Generall sends forth Warrants to all Iustices of the Peace to attach those Levellers that he had routed The honest Leveliers most of them Country-men endeavouring to draw to a Randezvouz about 600. or 700. of them marched from Banbury to Burford in Oxford-shire where lying securely because they were upon Treaty with the Enemy their Quarters were beaten up and about 180 of them taken Prisoners which their Enemies according to their usuall custome to gaine reputation by lying reported to be so many Hundreds And the Generall as if they had been all routed sent forth his Warrants to all Justices of the Peace in the adjacent Counties requiring them to apprehend and secure all such of them as shall be found I desire to know by what Authority the Generall takes upon him to command Justices of the Peace who are not under his Power and what tame Animals these Justices are that will submit to his commands and whether he thinks the Civil Magistrate to be obnoxious to the Power of the Sword the Councell of Officers See the Vote and Act for abolishing the Kingly office 164. and his single selfe the Supreme Magistrate or Tyrant Paramount notwithstanding the Vote of his Journey-men Commons That no single Man should be trusted with the Supreme Power The Levellers having possessed themselves of Northampton the Generall it is said thought fit to take hold of the Hornes of the Altar The Generall sends to the City for additionall Forces and wrote to his Vassals of the City to send their Trained Bands to his reliefe that he might the better domineer over them and continue their slavery hereafter But if the Citizens have no more wit I wish their Hornes may be as visible in their foreheads as the Nose in Olivers face To cozen the honest Levellers 165. The Commons colourably debate to dissolve this Parl and settle a succeeding Representative the Commons in order to the ending this present Parliament are debating how to pack a succeeding Representative as wicked as themselves and of the same leaven whose Election shall not be free but bounded with such Orders of limitation and restriction as shall shut out all men from electing or being elected as are not precisely of the same principles and practises and as deep engaged in their tyrannicall trayterous cheating bloody designes as themselves guilty Committee-men and Accountants to the State shall be the next Representative and for the better lengthening of the businesse that they may see what successe in the meane time the Levellers will have they wire-draw it through a Committee and referre it to be debated by a Committee of the whole House And at last if they must dissolve having packed themselves into a Councell of State they will usurp the Supreme Authority there to prepare the way to which designe they have passed another Act May 19. That the People shall be Governed as a Free state by Representatives and by such as they shall constitute and then consider what kind of Representatives we are likely to have Great care is taken that the State or rather our States-mens private pockets might not be prejudiced by Iudgements 166. A Debate how to defeat Iudgments Extents c. upon Delinquents Lands sect Extents c. lying upon Delinquents Estates you see notwithstanding their declaratory Vote That in things concerning the Lives Liberties and Properties of the People they would maintaine the known Lawes of the Land yet this Vote as well as all others hath a condition implied that it doe no waies hinder the Gaines of our godly Grandees otherwise they would not consider how to defeat Creditors of their legall assurances Iohn Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen Inke or Paper 167. Iohn Lilburnes starving imprisonment in the Tower which was tyranny under King Charles but not under K. Oliver a Petition was presented to the Commons by many wel-affected that Iohn might have the allowance usually and legally due to Prisoners in the like case for his support The allowance is 4 l. a Weeke as I conceive which was rejected insomuch that Iohn was kept 3 whole daies with one halfe meales meat this is to condemne men unheard to be murdered by famine in their private slaughter-houses when they cannot or dare not murder them in their pretended Courts of Iudicature or publique shambles yet afterwards when the drawing together of the Levellers and discontents of New-castle affrighted the Commons they voted him the short allowance of 20 s. a Week Thus you see nothing but feares and dangers can kindle the least spark of goodnesse and compassion in their woolvish breasts wherefore Lord I beseech thee heap feares and terrors upon their guilty pates till with Iudas Iscariot they crie out We have sinned in that we have betrayed innocent bloud 168. Why Ireton layd down his Commission Cromwell being to march against the Levellers left Ireton behind him like a hobby daring of larks to over-awe the Conventicle at Westminster and see they chaunt no tune but of their setting the better to keep himself in a neutrall reconciling posture Ireton layd downe his Commission which he can take up againe at pleasure whereby he puts off all addresses to him from the levelling party for the present This poore Fellow now keepeth his golden Coach which cost 200 l. and 4. gallant Horses The world is well altered with such petty Companions and hereby the Souldiers may see what becomes of their Arreares There hath been a seeming falling out between Cromwell and Ireton 169. Hugh Peters visits I. Lilburne in the Tower and the sum of their Conference Iohn Lilburne being a close Prisoner in the Tower as hath been said Hugh Peters Chaplaine in Ordinary to two great Potentates Lucifer and Oliver came about dinner time May 25. 1649. to visit him and though admittance be denied to other men yet to him the Gates slew open as sure as Saint Peter keeps the keyes of Heaven Hugh Peters keeps the keyes of our Hell and out Grandees Consciences and openeth and shutteth at pleasure he is Confessor to Tyburne and hath a great power over
Warre bloody thievish Task-masters Remember his deceased Majesties gracious Messages frequently fent for peace and reconcilement Remember His Concessions to His Parliament upon the last Treaty more than ever any King granted to His People Remember His pious meek and Christian Martyrdome suffered for His People which bitter Cup had passed from Him if He would have built up and established this Babel of Tyranny now insulting over us and have turned our wel-mixed Monarchy into an Olygarchicall legall Tyranny by adding His Royall Assent to their wicked Demands tendered to Him but two daies before His translation form this valley of teares Remember His Post humus Booke to His Sonne full of precepts savoring meerly of piety Christian wisdome charity and forgivenesse to His very Enemies and then judge whether our late King or our usurping Kinglings now scratching and tearing us making one Warre beget-another 1 King 3. perpetuating an Army and domineering over us by the power of the Sword were the naturall Parent whose bowels yearned upon this now Orphan Child the English Nation dying and expiring under this new Corporation of Tyrants Oath of Allegiance Stat. of Recognition 1 Iacobi the putative Parent which overlayed it He that acknowledged Allegiance to the Father cannot deny it to his Sonne as having sworne to beare faith and true Allegiance to the King his Father and to his lawfull Heyres and Successours which our usurping Hogens Mogens cannot pretend to be so that as well for duty and conscience to God and their owne Soules as for a necessary and just protection of their lives and estates all honest and wise men ought to cast themselves into the Armes of his Dread Majesty our present KING as the onely sanctuary of their salvation and not suffer themselves to be so farre mis-led by vaine reports as to be more afraid of their cure than of their disease Stultorum incurata pudor malas ulcera celat Solomon hath shewed you out of the Cabinet of Nature the difference between a Natural-Mother and a Step-mother Dictum de Kennelworth and that you may see the difference between a natural King correcting his owne people with fatherly compassion for examples sake and a Usurper wounding killing and robbing those which are none of his owne his fellow Servants for his lust and lucre sake I will set downe a short Abridgement of our owne famous Dictum de Kennelworth and first the occasion thereof which was thus Simon de Montford Earle of Leicester conspiring with many other great Men rebelled against Henry 3. pretending after the manner of all Rebels Reformation of publique Grievances He overthrew the King in battle took Him and his Sonne Prince Edward Prisoners the Prince after a while escaped out of Prison raised an Army overthrew and slew in the Battle of Evesham Simon Montford subdued the whole Party rescued and re-inthroned his Father Commissions were sent forth to prevent future troubles and settle mens minds grown desperare with feare what horrid punishments so horrible a Rebellion would bring upon them The result of all is contained in the said Dictum de Kennelworth as I find it in Magna Charta veteri fol. 60. part 2. observe the moderation of it No man bled to death for it but in the field the bloud of warre was not shed in time of peace the King did not slay those whom he had taken with his Sword and with his Bow but reasonably fined them See the late History of the Marquesse of Montrosse what gentle use he made of his Victory after he had subdued the strength of Scotland at the Battle of Kylsythe not unto destruction though the knowne Lawes called them Traytors and put them into his power for life lands and goods they were but once punished not alwaies tormented and kept upon the rack after the late custome of our fellow Servants and Subjects who will never suffer the partition wall between us to be throwne downe England once more to become one Nation and one People and our broken bones to be againe set and knit together Dictum de Kennelvvorth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in Warre 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchster being yet unpardoned 6. That voluntarily sent against him or the Prince 7. The Officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three yeares five yeares value and half their Estates of Land If they sell it such as are by the Kings grant possessed of then to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay halfe to have halfe If in three yeares the whole be unpaid the Land to be divided between him that owes it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during this Warre have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be quitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remaine where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the Battle of Levvis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man now possest of wood to fell any but onely for repaire till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeale to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of these Fines to provide for them 10. The Legate King and Henry d'Almain to Elect 12. who should cause these Articles to be executed and to see performed what they ordaine according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenants tha were against the King to lose their Leases but at the expiration of their time the Land to returne to the true owner 12. Forts built by the assent of the King
come forth a Booke of Iohn Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Booke The tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied by no obligation to God or Man wherein he undertaketh to prove That it is lawfull for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due conviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwells Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my selfe to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turne all his Arguments into Syllogismes and then he will find them to be all Fallacies the froth of wit and fancy not the Dictates of true and solid Reason 2. That for the Historicall or narative part he would throughly examine them and he will find few of them consonant to the plumbline of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by that name yet the Persons confederated were then extant and active being a complication of all Antimonarchicall Anarchicall heresies and schismes Anabaptists Brownists Barrowists Adamites Familists Libertines of all sorts the true Heyres and Successors of Iohn of Leyden and Knipperdalling in all their principles and practises united under the generall Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the Warre against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy See the Mystery of the 2. Iunto's Presbyterian and Independent notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Wythes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there alwaies lay hid some evasion equivocation or mentall reservation which like a back-dore gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necéssitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first Generall the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Say and others of the like stamp and had a clause in his Commission to forbeare the KING'S Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especiall instance Monday 18. Iune 185. L. C. Lilburnes Booke The Legall fundamentall Liberties of the People c. 1649. came forth that most usefull Booke of Iohn Lilburnes called The Legall fundamentall Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Lawes Liberties and Property consuming us with illegall Taxes Excise Free quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamentall Government of this Nation in order to which they have complyed with and cheated all Interests broken all their Obligations to God and Man violated all the Lawes of this Land their owne Protestations Covenants the Oathes of Allegiance Supremacy which themselves caused the People to take and their owne Votes Declarations c. The illegality of their late erected High Court of Iustice and their unjust proceedings therein the tyranny and usurpation of the Councell of State and Officers of the Army And proveth that Col Prides new purged new packed House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parlioment is cleerly dissolved and ended which he proveth by the Death of the King and by many other solid Arguments and therefore all their Actings to be void and null with many other considerable passages where he ingeniously confesseth that being the Kings Prisoner at Oxford with many other of the Parliament Party the King did strictly observe the Lawes of the Land in His proceedings against them which this Parliament doth not doe in any their most legall proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintaine and defend the Lawes and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Lawes and Liberties The Faction are now contriving to seize all the Tythes of the Kingdome into their owne hands 186. Tythes to be Sequestred for the State yet they are the Ministers Free-hold and to make all the Ministers their stipendary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blind and slavish obedience to our forty Tyrants of the new Councell of State presuming that all our Ministers carry their Consciences in their purses because the Independents doe so Looke to your waies Christian Brethren you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God If the Ministers will not parret forth the new States Do trine to you they shall be starved out of their Pulpits 187. An Adjournment of this pretended Parliament considered of The thing called a Parliament is now likely to have so generall a purge as will leave neither life nor soule dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them sitting who may unvote all he hath compelled them to vote hath commanded his Iourney-men to think of an Adjournment for some good time that they may take the ayre and grow wholsome againe and then without some dire mischance they never meet more but this Supreme thing hath learned to use so much modesty to their Superiors as to referre it to the Hogens Mogens or Councell of State to consider what Votes and Acts they shall passe beforehand for establishing their Highnesses in their new Dominion And when out of their usurped
thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crowne and every thing that was personall to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegeance Contrary to the Whole Current of the Law which saith The King can doe no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Elizab. lay because the Crown wyped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad paenam quod Deum expectat ultorem If therefore by the Lawes of the Land all men must be Tryed by their Peeres and the King have no Peere what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Iudges and to Erect an unpresidented Tribunall without the least Foundation in Law with power and purpose to condemne all that came before it and that Sentence of Death should passe without conviction or Law against the Head and Protectour of all our Lawes and Fountaine of Iusticc and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. M. Pryns excellent Book entituled A legall Vindication of the Liberties of England Against illegal Taxes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegall Tax of 90000 l. a Moneth imposed upon the People by a pretended Act of the Commons bearing Date of 7 Aprill 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamentall Lawes and known Statutes of this Land No Tax c. ought to be Imposed or Leavyed but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realme in a free and full Parliament See Magna Charta 29. 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21. Edw 3 Rot. Parl. nu 16. 25 Edw 3. c. 8. 36 Edw. 3. Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loanes 3. Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwell in his Argument against Impositions Iudge Hutton and Crook in their Arguments Mr. Saint Iohn in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Edw. Cook in his 2 Instit pag. 59 60. 527 528 529. 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actuall dissolved above two monethes before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cookes 4. Institutes p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliament according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3 which are Summoned and Constituted onely by his Writ the Writ is actually abated by bis Death 1 Edw 6. c. 7. Cookes 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission 19. 21. It appeares by the writs of Summons to the Lords Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Common wealth formally it cannot be the same the King the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmaticall Taylors in the House who can make a garment fit for all states of the moon and a Parl. fit for all changes of the State Crompt Iurisdiction of Courts fol. 1. Cookes 4. Instit p. 9. 10. and of Elections and leavying their Wages That the Parliament was onely Parliamentum nostrum the Parliament of the Kings that 's Dead not of his Heires and Successours They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heires and Successors of great and weighty Affaires concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2 Dors Claus Regist fol. 192. 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revivall The Parliament is determined thereby especially as to those who have Dis-inherited his Heires and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Iudges Iustices of the Peace Sheriffs made only by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Iustitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7 Rep. 30 31. 1. Ed. 6. c. 7. Daltons Iustice of Pace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of this Parliament 17. Car. That this present Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4
be done by the King if by those Words things done or to be done for the dissolving c. they shall say they related to the Kings Naturall Death Natural Death is the Act of God which these Saints cannot make voide if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloud shed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted downe by the Commons gave no consent the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royall Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Trienniall Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Bookes The Commons being so farre from claiming the sole Legislative Power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporall and Spirituall untill 45 Hen. 3. nor had they so much as a House of Commons or Speaker untill the Reigne of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances untill long after Rich. 2. time See the Printed Prologues to the Stat. 1 4. 5 9 10. 20. 23. 36. 37. 50. Edw. 3. 1 Ric. 2. 1. 2. 4. 5. 7. 9. 11. 13 Hen. 4. 1. 2. 3. 4. 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15. 28 29 39 Hen. 6. 1 4 7 8 12 17 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had power to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at the least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40. or 50. then sitting when this Act passed and acting the Wills of the Councell of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for which they served Object If it be objected that by usage of Parliament 40. Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor passe Lawes or matters of greatest moment Modus tenendi Parl. Cookes 4. Instit pag. 1. 2. 26. 35. 36. Cromptons Iurisd of Couts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1. Iac. c. 1. 2. 40 Members make not a House when the rest are Excluded by force without Dores and fraud of their Fellow-members within Dores on purpose that being the Major number they may not over-vote them The Commons not having power to expell any of their Members without consent of King and Lords in whom onely the Iudiciall power Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27 Seldens Title of Honour pag. 737. Baron Camoyes case discharged by the Kings Writ and Iudgement from serving amongst the Commons because a Peer of the Realm The practice for Members to Expell and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs then would Summon 40. or 50. Commons it were no House Added by the Abridger So M. Pryn concludes That if he should voluntarily submit to pay this Tax by virtue of the said pretended Act of Parliament Dated 7. Aprill 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegall Writs under a new kind of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peeres of the Realm as was adjudged in the Lord Camoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour Part 2. chap. 5. pag. 735. Seconded by Cookes 4. Instit pag. 1. 4. 5. 46. 47. 49. As he should admit those to be lawfull Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegeance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and reall intention to performe 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 lawfull Parliament of England actually in being and legally continuing after the Kings Death consisting onely 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 lawfull Authority 1. To Violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expell most of their fellow Members the farre Major part of the House for Voting according to their Consciencies in favour of Peace and settlement of the Common-wealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of Warre and Iustice 5. To Arraign Condemne and Execute the King himself with the Peeres and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta The Petition of Right 3. Car. and the known Lawes of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To éxtirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seales Lawes Writs Legall proceedings Courts and Coyne of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Iewels Goods of the Crowne with the Lands of Deans and Chapters for their own advantage not the easing of the People from Taxes 10. To absolve themselves by a Papall kind of Power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heires and Successours yea from the very Oath of Allegeance notwithstanding this expresse Clause in it fit to be laid to Heart by all Conscientious Christians I doe believe 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
Minstred to me and doe renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of People 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own Party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legall cause or Tryall 14. To make what New Acts Lawes and Reverse what Old ones they think meet to ensnare and inthrall our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Reall Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegeance due obedience to our known Lawes and a Conscientious observing our Oathes of Allegance and Supremacy and the Covenant to be no lesse then High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25. Edw. 3. c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1. M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Lawes Liberties Estates and Lives waste after they have drawne so much Bloud and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more then Regall or Parliamentary power 17. To pack and shuffle themselves into a Councell of Lords This 17. is added by the Abridger States Generall without any provinciall States 40. Hogens Mogens with Supream Regall and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principall ends proposed in the pretend Act for imposing this 90000 l. a moneths Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by Rebelling against their Masters the Parliament and waging Warre upon them and by conspiring with their owe party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Lawes Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquests Tbat we are but their Conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turne Vs and our Families out of Dores That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasiticall Iohn Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years then in all the Kings Raignes since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the People 25 Edw. 1. chap. 6 Cookes 2. Instit pag. 528. But the keeping up this Army is the Bane of the People 1. Because they are already exhausted with Warre Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a Moneth destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will believe our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a Moneth See Ordinances 15. Feb. 1644. and 6. Aprill 1646. Exact Collect. pag. 599. 876. But when the Army by confederacy with their Party in the House took the boldnesse to encrease their number without Order 60000 l. a Moneth was thought abundantly sufficient to pay the Army and take off Free-quarter and why this Tax should now be raised to 90000 l. a Moneth when sundry Regiments of it are Assigned for Ireland and yet Free-quarter continued is a mystery of Iniquity which fills the Saints Pockets with Money and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forraign Invasions then a Mercinary Army Therefore there is neither necessity nor publique utility in keeping up this Army or raising Taxes to maintaine them or pay their pretended Arreares The Free-quarter they have taken in kind and leavyed in Money will treble their Arreeres and make them much indebted to the Country Thus farre and much farther Master Pryn whose whole Booke at large I commend to all mens serious perusall The Marquesse of Ormonds happy atchievements in Ireland beginning to look formidably 204. Cromwell sets sayle for Ireland had cooled the hcat of K. Olivers courage though not of his Liver insomuch that he and his intimate Friends began to project how without losse of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delaies were used in Shipping his Men. Hasterigge and his Party reported great terrours from Scotland Oliver and his Bloud-hounds of the Faction made a shift to smell out a silly Plot in Dorset-shire for surprisall of Weymouth and Portland for the KING now laughed at and exploded by their owne New-books And the tender-conscienced Brethren were prompted to apprehend their owne dangers and put into a Petitioning posture That such a Worthy of Israel such a chosen Instrument of Gods mercy might not in a time of danger leave the Land of his Nativity the Habitation of the Saints to seeke foraigne adventures in a Heathen Land Whilst these preparations were making to withdraw Olivers stake he appeared not openly in them but making more shew of the Lyons skin than the Foxes had written to Col. Iones how heartlesse his Souldiers were and that unlesse Iones did by some successfull Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chesse-nuts out of the fire with the Catts foot to take a presage of his owne successe at Col. Iones hazard Iones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the newes first came to Towne the Lyon is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sinne or at least without
imputation of sinne for the good Cause either in Re or in mode Rei in the matter or manner in the thing or the extent thereof yet this successe was enough to invite Cromwell over to pursue the Victory and partake of the spoyles if not to usurp the whole Honour of the Atchievement to himselfe by his accustomed speciall prerogative So upon the 16 or 17. of August K. Nol set sayle towards his new Principality carrying contrary to the custome of the Sea his Lanthorne in his Proawe not in his Poope where we will leave him for the present to his adventures 205. The Association between Oneale and C. Monke See the Paper at large I have formerly hinted to you the Agreement made between Colonel Monke in behalfe of the Parliament of England and Owen Roe Oneale the massacring Irish Rebell I have now occasion to speake more at large of it and examine the truth of a Paper called The true state of the Transactions of Col. George Monke with Owen Roe Oneale as it was reported to the Parliament by the Councell of State c. Printed by Edward Husbands 15. August 1649. The said Agreement made between the Antimonarchicall Independent Party in Ireland and the massacring Antimonarchicall Popish Party under Owen Roe Oneale being a meer conspiracy to root out Monarchy and Protestancy first in Ireland and then in England and a second crucifying of Christ in his members between two Thieves the Schismatique and the Papist was so generally abhorred by the English Souldiery that many there tooke occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwell in so wicked an expedition Wherefore Cromwell writ Letters to his Creatures of the Councell of State by Monke himself complainig how much the miscarriage of that Agreement had retarded his said Voyage desiring them for satisfaction of the Souldiery and People to Treat with Monke to take the whole businesse upon himselfe and to cleer the Councell of State the Parliament and Cromwell himselfe from having any hand at all in it which upon Tearmes of safety and advantage he said he already found him inclinable to doe The better to carry on the scene this Agreement was with much heat of zeale complained of in the Apocryphall House of Commons by a Brother who had his cue beforehand and by the Iuncto was referred to the Councel of State as was forelaid where their High and Mightinesses after some private conference with Monke to accommodate the businesse voted their dislike of it Scot having studied the Politiques in a Brewers Tally is become a great Statesman in our new Babel See the said Paper The true state c. Bradshaw reprehending Monke in jest therefore And at last they Ordered That the whole businesse with Monks Reasons for his justification should be reported by Thomas Scot to the House of Commons which was accordingly done Upon Friday 10. August Monke was called in to the Barre where amongst other things the Speaker asked him What Persons he meant in his Letter to the L. Lieutenant of Ireland wherein he saith He made the Agreement with Oneale with the advice of some others Monke answered that he did it upon his owne score without advice of any other Person onely having discourse with Col. Iones Iones told him if he could keep Owen Roe and Ormond from joyning it would be a good service This Answer such as it is was taken for Satisfactory in so Comick an Interlude The next demand was Whether he had any advice or Directions from the Parliament Councell of State Lord Lieutenant of Ireland or any other Person here to do the same which he did expresly deny saying he did it upon his owne score Hereupon the House voted as followeth Resolved c. That this House doth utterly disapprove of the proceedings of Col. Monke in the Treaty and Cessation as they please to call it made between him and Owen Roe Oneale and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there who have had their hands in shedding English blood Neverthelesse the House being satisfied that what the said Col. Monke did therein was in his apprehension necessary for the preservation of the Parliament of Englands Interest That the House is content the further consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monke and the Play was done wherein take notice of these following Observations 1. The Armies Doctrine See the Answer of the Councel of Officers to the Parliaments Demand concerning their secured Members And their Answer thereto and use of apprehended necessity and good intentions to justifie evill actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks agoe publiquely knowne in England and divulged in their owne Licenced Newes-bookes was never scrupled untill now That 1. the said Agreement was expired 2. That Oneale was so beaten by the Lord Inchiquine that he is as their owne Newes-books say inconsiderable and must suddenly joyne with the Marquesse of Ormond or be destroyed 3. That these Votes call this * Let me not seem over-bold in maintaining a different opinion since Parliaments are no more infallible than Popes and all humane opinions are equall unlesse Reason make the difference I hope we have not lost our Reason with our Lawes and Liberties nor the exercise and use of it Agreement but a Treaty and Cessation of Armes which I affirme to be a League Defensive and Offensive against Ormond Inchiquine and all that doe and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith Tbat upon all occasions both Parties be ready with their Forces to assist one another untill a more absolute Agreement be made and condiscended unto by the Parliament of England This is beyond a Cessation 2. Article third saith That the Creaghts of Ulster residing within the Quarters of Col. Monke shall pay Contribution to Generall Owen Oneale This is a Concession of a great latitude farre beyond the authority of any subordinate Commander or Generall and against the Lawes and Liberties of the Land to grant Taxes It should seem by this that Oneale and his Army were become Mercenaries taken into pay by Monke 3. Article fourth saith That if Generall Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond the Lord Inchiquine or any other Enemies of the Parliament of England and thereby spend his Ammunition if he be neer unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchiquine Besieged Dundalke I make the same interpretation of this Article that I have made of the third 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Monkes liberty which likewise is too much
onely two months pay 2. They have taken away three parts of their Arreares for Free-quater without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldiers that are continued in Armes shall fare no better when they have served their turnes with them Pag. 10 they say Their engagements against the King was not out of any Personall enmity but simply against his Oppressions and Tyranny on the People but the use and advantage on all the successe God hath been pleased to give us is perverted to that end That by His removall the Ruling Sword men might intrude into His Throne set up a Martiall Monarchy more cruell arbitrary and tyrannicall than England ever tasted of that under the notion of a Free-State when as the People had no share at all in the constitution thereof but by the treachery and falsnesse of the Lieutenant Generall Cromwell and his Son-in-Law Ireton with their Faction was inforced and obtruded by meer Conquest on the People And a little after now rather then to be thus vassallized thus trampled and trod under soot by such as over our backs have stepped into the Chaire of this hatefull Kingship over us in despight of the consent choice and allowance of the Free-People of this Land the true fountaine and originall of all just Power as their owne Votes against Kingly Government confesse we will chuse subjection to the PRINCE chusing rather ten thousand times to be His Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Originall of all just Authority pretend the promotion of the Agreement of the People stile this The first yeare of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under paines of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundlesse lawlesse wills their naked Swords Armies Armes is now Law in England c. 16. August 1649. Col. 209. Col Morrice Governour of Pontefract for the King Endicted at the Assizes at York condemned and executed Morrcie who kept Pontefract-Castle for the KING was Endicted before Iudge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying Warre against the late King and Parliament The Colonel challenged one Brooke Fore-man of the Iury for being his professed Enemy but the Court knowing Brooke to be the principall Verbe the Key of their worke answered Morrice He spake too late Brooke was sworne already Brooke being asked the Question Whether he were sworne or no replied He had not yet kissed the Booke The Court answered It was no matter that was but a Ceremony alleaging he was recorded Sworne there was no speaking against a Record Sure they made great haste to record him sworne before he could kisse the Booke so Brooke was kept in upon this cavill by whose obstinacy Morrice was condemned I cannot wonder that legall Formes Ceremonies are laid by although justice cannot subsist without those Legalities to ascertaine her proceedings which otherwaies would be left at large to the discretion of the Iudge when I see our knowne Lawes Magna Charta the Petition of Right 3. Carol. and the rest with the fundamentall Government of this Nation pulled up by the roots to carry on their Designes of enslaving the People to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants Oathes to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the People they would observe the knowne Lawes of the Land But to returne to our Relation Then Morrice challenged 16. more of the Iury whereat Pulleston was so pettish that he bade Morrice keep his compasse or else he would give him such a blow as should strike off his head Untill Morrice cited the Stat. 14 Hen 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Iudges which ought to be of Councell with the Prisoner in matter of Law endeavouring to out-face and blind the Prisoner with ignorance of the Law being a Martiall Man Then he desired a Copie of his Endictment that he might know what to answer saying he might plead Speciall as well as Generall which the Court denied him Next because there was point of Law in it he desired to have Councell citing the Stat. 1. Hen 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councell allowed him being endicted at Winchester for an endeavour to Murder KING CHARLES the First and had many other favours denyed to Morrice Then Col. Morrice for his discharge produced the PRINCE'S Commission as Generalissimo to the KING his Father The Iudges answered The Prince was but a Subject as Morrice was and if He were present must be tried as he was and rejected the Commission without reading Morrice told them the Prince had His Authority from the King in whose name all Iudges Officers did then Act. The Court Answered the power was not in the King but the Kingdome Observe they endicted him for Leavying Warre against the King and Parliament The word Parliament was a surplusage for which no Indictment could lie no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavyeth Warre in England in the intendment of the Law is said to Leavy Warre against the King onely although he ayme not at His Person but at some other Person And if he that Leavyeth Warre against the King His Crowne Dignity be a Traitour how much more must they be Traitours that have actually Murdered the King and Dis-inherited and proscribed his lawfull and undoubted Heire and as much as in them lies have subverted the Monarchicall Government of the Land and consequently all Monarchicall Lawes whereof the Stat. of Treasons for Leavying Warre against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchicall Law So Morrice was found guilty by a Iury for that purpose And an illegall president begun to cut off whom the Faction pleaseth under a pretence forme of Law without help of a Councell of Warre or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannicall trick To rule the People by the Lawes but first to over-rule the Lawes by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may goe to the gallowes Thieves must sit on the bench but silent Leges inter arma and now silet Iustitia inter Leges silet Ius inter Iudices the mungrell hypocriticall three-headed conquest we live under hath dispoiled justice of her ballance Three-headed consisting of 1. Councell of Warre 2.
him and give an ill example to other Women to the prejudice of our other New States-men their New erected Sodomes and Spintries at the Mulbury-garden at Saint Jame's 220. Felons fetched out of New-gate to informe against Merchants for not paying Customes Master Gybs Master of a Ship having caused three Fellowes to be committed to New-gate upon Felony for Robbing him These Fellowes sent to Col. Harvey That if he would procure their Liberty they would discover to him severall Merchants who had lately stolne Customes Whereupon Harvey sends for those Rogues out of New-gate heares their Accusation approves it prosecutes the Merchants upon the Information of those Villaines discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be employed in the Navie And one Master Lovell a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to Sweare how many Bayles of Silke he hath come over if the First yeare of our Liberty make such presidents what Monsters will the Sixt and Seventh yeare produce All Princes begin with moderation the Elders gave good Counsell 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 shells upon their heads from the Nest before they are fledged what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommer-hill a pleasant Seat worth 1000 l. a yeare belonging to the Earle of Saint Albans is given by the Iunto to their Bloud-hound Bradshaw so he hath warned the Countesse 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 fower-fold to quit the possession against our Lady-day next THE END An Exhortatory Conclusion to the English Nation TO conclude the series of Affaires and Action on both Parties especially of late rightly compared Compare the Date of the K. Commissions with those of the Parliament and their Declarations on both sides it appeareth by the sequell That KING CHARLES the First from the beginning took up Defensive Armes to maintaine Religion Lawes Liberties and the Antient fundamentall being of Parliaments and this Kingdome and that there alwaies was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to Change the Fundamentall Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supreme Authority to enslave the People with an Oligarchicall Military and Arbitrary Government to raise what illegall Taxes they please to establish their tyranny and enrich themselves and their Party to oppresse consume and devoure all Men of a judgement contrary to their Interest to Murder them by new-declared arbitrary Treasons contrary to the Stat. 25. Edw. 3. for ascertaining Treasons to Disfranchise them of their Birth-rights and make them Adscriptios Glebae Villaines Regardante to their owne Lands which the Nobility Gentry and Yeomanry plough sowe and reap whilst Brewers Draymen Coblers eate drinke and play upon the sweat of their labours and are the Usufructuaries of their Estates All which they have lately brought to passe wherefore let all true English-men as becomes good Christians good Patriots and gallant Men claime their Birth-rights and with one voice crie out 1. We will not Change our Antient setled and well approved Lawes to which we are sworne 2. We will not Change our Antient and well-tempered Monarchy to which we are Sworne 3. We will not Change our old Religion for New Lights and inventions 4. We will not subject our selves to an eight part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellowes more Righteous then themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by forty ambitious covetous Tyrants arrogating to themselves to be a Councell of State and designed to supply the roome of Parliaments under what name or title soever they shall maske themselves 6. We will not submit our selves to a Military Government or Councell of Officers See the Stat of Recognition 1. Iac. and the Oathes of Allegiance Obedence and Supremacy 7. We must and will have A KING and The KING whom the Lawes of God and this Land have Designed to us we being by the Oathes of Allegiance Obedience and Supremacy sworne to beare faith and true Allegiance to KING CHARLES the First his lawfull Heyres and Successors Hic telum infigam moriarque in vulnere POSTSCRIPT REader at the latter end of my First part of The History of Independency I have presented to thy consideration some Generall Conclusions arising out of the Premises the same Conclusions doe as naturally arise out of the Premises of this Second part of the History and doe as aptly serve to illustrate this Second as that First part wherefore to that First part I send thee for opening thy understanding When our old Lawes run againe into their Antient Channell and the Sword of Murder is sheathed and the Sword of Justice drawne the Author engageth to publish his Name Apologie and shew what he hath done and suffered for the Parliament and Kingdome THE END
shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King That is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare that the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the Alterations concerning Kings and House of Lords already resolved in this present Parliament Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and