whose very names are concealed yet Naboth was murdered by the sword of Justice for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too non recurrendum ad extraordinaria quando fieri potest per ordinaria But all this was but to charme a deafe Adder the nine or ten engaged Lords that then possessed the House were thought to be fitter then a Jury of Middlesex to make work for the hang-man 52 52. Arguments proving the Lords to have no power of Iudicature over the Commons and yet they have no Judicature over the CoÌ„mons as appears by the the president of Sir Simon de Berisforde William Taylboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued then a hundred for it because the Court cannot be supposed ignorant of the Law and its own rights but a particular man or client may see Sir John Maynard's Royall quarrell and his Laws subversion Lieut. Col. Lilburne's whip for the present House of Lords and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament dated 21. Febr. 1647. As for the cases of Weston Gomenes and Hall cited by Mr. Pryn they were for facts done beyond Sea and before the Stat. 1 Hen. 4. ch 14. whereof the Common Law could then have no conusance therefore an extraordinary way of proceeding before the Lords was requisite and by the Kings speciall Authority it was done without which I dare boldly affirme the Lords have no Judicature at all 53 53. The House of Peers no Court of Iudicature at at all properly and per se which thus I make appear 1. The King by delivering the Great Seale to the Lord Keeper makes him Keeper of his Conscience for matter of equity By his Brevia patentia to the Judges of the two Benches and the Exchequer the King makes them administrators and Interpreters of his Lawes But he never trusts any but himself with the power of pardoning and dispensing with the rigour of the Law in Criminall cases And though the Lord Keeper is Speaker of the Lords House of Court yet he is no Member of the Lords House virtute officii The Judges are not Members but Assistants only So that no man in the House of Peers as he is simply a Peere is trusted by the King either with dispensation of law or equity 2. When a Peer of Parliament or any man else is tried before the Lords in Parliament criminally he cannot be tried by his Peers only because in acts of Judicature there must be a Judge superior who must have his inferiors ministeriall to him Therefore in the Triall of the Earle of Strafford as in all other Trialls upon life and death in the Lords House the King grants his Commission to a Lord High Steward to sit as Judge and the rest of the Lords are but in the nature of Jurors So that it is the Kings Commission that authoriseth and distinguisheth them 3. When a Writ of Error issueth out of the Chauncery to the House of Peers they derive their Authority meerly from that Writ For the three Reasons aforesaid The House of Peers is no Court of Judicature at all without the Kings speciall Authority granted to them either by his Writ or his Commission And the Lords by their four Votes having denied all farther addresse or application to the King have cut off from themselves that fountaine from which they derive all their power And all Trialls by Commission must be upon Bils or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designes of a restlesse impetuous Faction Had the Faction had but so much wit as to try those Gentlemen by Commission of Oyer and Terminer before Sergeant Wild he would have borrowed a point of law to hang a hundred of them for his own preferment Observe that almost all the cases cited by Mr. Pryn concerning the Peers Trialls of Commissioners were authorized by the King upon the speciall instance of the House of Commons As for the House of Commons they never pretended to any power of Judicature and have not so much authority as to administer an oath which every Court of Pye-pouldres hath 54 54. Blâ—nke impeachments dorment But this way of triall before the pre-ingaged Lords and upon Articles of Impeachment which they keep by them of all sorts and sizes fit for every man as in Birchin-lane they have suites ready made to fit every body was the apter meanes to bring those men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation then their nature is usually acquainted with and to fright away or at least put to silence the rest of the Members with fear of having their names put into blank Impeachments And that it might be so apprehended Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready nothing wanted but to fill up the Blanks they might put in what names they pleased This Inquisitor generall this prologue to the Hang-man that looks more like a hang-man then the Hang-man himself hath since gotten the rich office of Register of the Chauncery as a reward for his double diligence Oh Sergeant Wilde and Mr. Steele despair not of a reward 55 55. Establishment for the Army Friday 17. Sept. the advice of Sir Tho Fairfax and his Councell of War was read in the House of Commons what standing Forces they thought fit to be kept up in England and Wales and what Garrisons Also what Forces to send for Ireland namely for Ireland 6000 Foot and 2400 Horse out of the supernumerary loose forces being no part of the Army And for England upon established pay 18000 Foot at 8d. per diem 7200 Horse at 2s. per diem each Trouper 1000 Dragoones and 200 Firelocks Traine of Artillery Armes and Ammunition to be supplied The Foot to be kept in Garrisons yet so that 6000 may be readily drawn into the field The Independent party argued That the Army were unwilling to goe for Ireland pretending their engagement to the contrary if you divide or disband any part of your Army they will suspect you have taken up your old resolutions against them to disband the whole Army It is now no time to discontent them when the Kings Answer to your Propositions tends to divide you and your Army and the people are generally disaffected to you The Presbyterian party argued That the engagement of the Army ought to be no rule to the Councels of the Parliament otherwise new Engagements every day may prescribe the Parliament new Rules we must look two wayes 1. Upon the people unable to beare the burden 2. Upon the Army Let us keep some power in our owne Hands and not descend so far below the dignity of a Parliament as
to put all into the hands of the Generall and his Councell of War You have almost given away all already The Army adviseth you to keep up more Garrisons then upon mature deliberation this House formerly Voted you have already many Garrisons manned with gallant and faithfull men to whom you owe Arrears to remove them and place new Souldiers in their roomes will neither please them nor the places where they are quartered who being acquainted with their old guests will not willingly receive new in their roomes These men have done you as good and faithfull service as any in the Army and were ready to obey you and goe for Ireland had they not been hindred by those who under pretence of an engagement to the contrary which they mutinously entred into will neither obey you nor goe for Ireland nor suffer others to goe Though you discharge these men without paying their Arrears which others of other principles will not endure yet give them good words If you will be served by none but such as are of your new principles yet consider your Army are not all alike principled and peradventure the old principles may be as good as the new for publick though not so fit for private designes and purposes You have passed an Ordinance That none that have borne Armes against the Parliament shall be imployed if you disband all such your Army will be very thin many have entred into pay there in order to doe the King service and bring the Parliament low There is no reason you should keep up 1400 Horse more then you last voted to keep up being but 5800 at which time 60000l a Month was thought an establishment sufficient both for England and Ireland But now the whole charge of England and Ireland will amount to 114000l a month which must be raised upon the people either directly and openly by way of sessement or indirectly and closely partly by sessements and partly by free-quarter and other devices nor will the pay of 2s. per diem to each Trouper and 8d. to each Foot Souldier enable them to pay their quarters If you mean to govern by the Sword your Army is too little if by the Laws and Justice of the Land and love of the people your Army is too great you can never pay them which will occasion mutinies in the Army and ruine to the country Thus disputed the Presbyterians but to no purpose it was carried against them Observe that when the War was at the highest the monthly tax came but to 54000l yet had we then the Earle of Essex's Army Sir William Waller's my Lord of Denbigh's Maj. Gen Poynt's Maj. Gen Massey's Maj. Gen Laughorne's Sir William Bruerton's Sir Tho Middletons Brigades and other Forces in the field besides Garrisons 56 56. Monthly Taxes But now this Army hath 60000l a month and 20000l a month more pretended for Ireland which running all through the fingers of the Committee of the Army 57 57. Ireland why kept in a starkept in a starving condition That Kingdome which is purposely kept in a starving condition to break the Lord Inchequin's Army that Ireland may be a receptacle for the Saints against England spewes them forth hath nothing but the envy of it the sole benefit going to this Army This 20000l a month being a secret unknowne to the common Souldiers The Grandees of the Army put it in their own purses Moreover this Army hath still a kind of free-quarter under colour of lodging fire and candle for who sees not that these masterlesse guests upon that interest continued in our houses doe and will become Masters of all the rest and who dares ask mony for quarter of them or accept it when it is colourably offered without feare of farther harme besides the Army whose requests are now become commands demanded that they might have the levying of this Tax and that their accounts might be audited at the Head quarters And though the Officers of this Army to catch the peoples affections encouraged them often to petition the Houses against Free-quarter pretending they would forbear it after an establishment setled upon them the use their party in the House made of these Petitions was to move for an Addition of 20000l or 30000l a month and then they should pay their quarters lodging fire and candle nay stable-roome too excepted Here it is not amisse to insert a word or two of this villainous oppression Free-quarter 58 58. Free-quarter whereby we are reduced to the condition of conquered Slaves no man being master of his owne Family but living like Bond-slaves in their own houses under these Aegyptian Task-masters who are Spyes and Intelligencers upon our words and deeds so that every mans table is become a snare to him In the third year of King CHARLES The Lords and Commons in their Petition of Right when not above 2000 or 3000 Souldiers were thinly quartered upon the people but for a month or two complained thereof to His Majesty as a great Grievance contrary to the Laws and Customes of the Realme and humbly prayed as their Right and Liberty according to the Laws and Statutes of this Kingdom that he would remove them and that his people might not be so burdened in time to come which His Majesty gratiously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villainous usage to any man in his house or family or commit murder or felony they are protected against the laws and justice of the land 59 59. Martiall Law and Triable only by a Councell of War at the Head quarters where a man can neither obtain justice nor seek it with safety So that we live under the burden of a perpetuall Army of 30000 or 40000 men exempt from all but martiall law which frequently oppresseth seldome righteth any man witnesse Oliver Cromwell's taking of Thomson being no Souldier from the House of Commons dore with Souldiers imprisoning and condemning him at a Councell of War where he sate Judge in his owne cause there being a quarrell between them Yet it was held Treason in the Earle of Strafford to condemn the Lord of Valentia so being a member of his Army because it was in time of peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not governe by the known Laws of the Land for which they have made us spend our money and bloud but by Martiall Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections pag. 727. confesse are not Lawes without the Royall assent This Army hath been daily recruited without any Authority farre beyond the said number or pay established the supernumeraries living upon free quarter And when complaints have been made thereof in the House the Army being quartered in severall Brigades supernumeraries have been disbanded
THE HISTORY OF INDEPENDENCY WITH The Rise Growth and Practices of that powerfull and restlesse FACTION D us AMBROSIUS Nec nobis ignominiosum est pati quod passus est Christus nec vobis gloriosum est facere quod fecit Judas TACIT Scelera sceleribus tuenda VIRGILIUS sua cuique Deus fit dira libido 1 St. JOHN C. 2. V. 16. Quicquid est in mundo est concupiscentia oculorum concupiscentia carnis aut superbia vitae Printed in the yeare 1648. Reader GEntle or ungentle I write to all knowing that all have now got almost an equall share and interest in this Gallymaufry or Hotchpot which our Grandee Pseudo-politicians with their negative and demolishing Councells have made both of Church and Common-wealth and therefore I write in a mixed stile in which I dare say there are some things fit to hold the judgments of the Gravest some things fit to catch the fancies of the lightest and some things of a middle nature applying my self to all capacities as far as truth will permit because I fore-see the Catastrophe of this Tragedy is more likely to be consummated by maltitude of hands then wisdome of heads I have been a curious observer and a diligent inquirer after not only the actions but the Councels of these times and I here present the result of my endevours to thee In a time of mis-apprehensions it is good to avoid mistakings and therefore I advise thee not to apply what I say to the Parliament or Army in generall if any phrase that hath dropped from my pen in haste for this is a work of haste seem to look asquint upon them no it is the Grandees the Junto-men the Hocas-pocasses the State-Mountebanks with their Zanyes and Jack-puddings Committee-men Sequestrators Treasurers and Agitators under them that are here historified were the Parliament the major part whereof is in bondage to the minor part and their Janisaries and the Army freed from these usurping and engaged Grandees who betrayed the honour and Priviledges of Parliament and Army to their own lusts both would stand right and be serviceable to the setling of a firme lasting peace under the King upon our first principles Religion Laws and Liberties which are now so far laid by that whosoever will not joyne with the Grandees in subvetting them is tearmed a Malignant as heretofore he that would not adhere to the Parliament in supporting them was accounted so that the definition of a Malignant is turned the wrong side outward The body of the Parliament and Army in the midst of these distempers is yet healthy sound serviceable my endeavour is therefore to play the part of a friendly Phisician and preserve the body by purging peccant humours were the Army under Commanders and Officers of better principles who had not defiled their fingers with publick monies their consciences by complying with and cheating all Interests King Parliament People City and Scots for their owne private ends I should think that they carried the Sword of the Lord and of Gideon but clean contrary to the Image presented to Nebuchadnezzar in a dream the head and upper parts of this aggregate body are part of clay part of iron the lower parts of better mettle I cannot reform I can but admonish God must be both the Aesculapius and Prometheus and amend all and though we receive never so many denialls never so many repulses from him let us take heed how we vote even in the private corners of our hearts no Addresses no Applications to him Let us take heed of multiplying sins against God lest he permit our schismaticall Grandees to multiply Armies and forces upon us to war against Heaven as well as against our Religion Laws Liberties Properties upon Earth and keep us our Estates under the perpetual bondage of the Sword which hath been severall waies attempted in the Houses these two last weeks both for the raising and keeping of a new Army of 30000. or 40000. men in the seven Northern Associate Counties upon established pay besides this Army in the South and also for the raising of men in each County of England and all to be engrossed into the hands of his Excellency and such Commanders and Officers as he shall set over them and this work may chance be carried on by the Grandees of Derby-house and the Army if not prevented for the Generall notwithstanding this power was denied him in the House of Commons hath sent Warrants into most Counties to raise Horse and Foot yea to that basenesse of slavery hath our Generall and Army with their under-Tyrants the Grandees brought us that although themselves did heretofore set the rascallity of the Kingdome on worke especially the schismaticall party to clamour upon the Parliament with scandalous Petitions and make peremptory demands to the Houses destructive to the Religion Laws Liberties and Properties of the Land and the very foundation of Parliaments to which they extorted what Answers they pleased and got a generall Vote That it was the undoubted right of the Subject to petition and afterwards to acquiesce in the wisdome and justice of the two Houses Yet when upon 16. of May 1648. the whole County of Surrey in effect came in so civill a posture to deliver a Petition to the Houses that they were armed for the most part but with sticks in which Petition there is nothing contained which the Parliament is not bound to make good by their many Declarations and Remonstrances to the people or by the Oaths of Allegiance Supremacy or Nationall Covenant or by the known Lawes of this Land Yet were they 1. Abused by the Souldiers of White-Hall as they passed by where some of them were pulled in and beaten 2. When those Gentlemen of quality that carried the Petition came to Westminster-Hall they found a Guard of Souldiers at the dore uncivilly opposing their entrance to make their addresse to the House 3. When they pressed into the Hall and got up to the Commons dore they were there reviled by the Guard 4. The multitude which stood in the new Palace because some of them did but whoop as others did who were purposely set on work as is conceived to mix with them and disorder them were suddenly surrounded with a strong party of Horse from the Mewes It is reported by some that Sir H. Mildmay Col. Purefoy and the Speaker doubting the House would give too good an Answer to their Petition sent for these Horse Foot and some more Companies of Foot from White-Hall who by the appointment of the Committee of Schismaticks at Derby-house were ready prepared for this designe and catched them as it were in a Toyle and with barbarous and schismaticall rage fell upon these naked un-armed Petitioners flew and wounded many without distinction telling them They were appointed to give an Answer to their Petition and they should have no other as indeed they had not though the Lieutenant Colonel that did all the mischief was called
into the House of Cōmons and had publick thanks given him at the Bar took many of them Prisoners and Plundred their Pockets Cloaks Hats Swords Horses and some of them even Gentlemen of as good quality as their Generall were stripped of their Doublets Those Gentlemen of quality who were in the Lobby before the Commons dore civilly expecting an Answer were abused and violently driven out by the Guard to take their fortune amongst the rabble what Tyrants ever in the world refused to hear the Petitions and grievances of their people before The most Tyrannical government of the world is that of Russia and John Vasilowich was the greatest Tyrant of that Nation yet shall this Tyrant rise up in judgment at the latter day against these monsters Behold what entertainment your Petitions shall have hereafter if publick peace be the end of their desires yet many Petitions ready drawne are sent up and downe in most Counties by Committee-men and Sequestrators to enforce men to give thanks for the foure Votes against the King And many Petitions from Schismaticks destructive to Religion Laws Liberties and Property have been obtruded upon the Houses and received encouragement and thanks because they tend to subvert the fundamentall government of Church and Common-wealth and cast all into the Chaos of confusion whereby the Grandees may have occasion to keep up this Army and perpetuate their Tiranny and our Burdens And from these Tumults of their own raising the Grandees pretend a necessity to keep this Army about this Town to watch advantages against it Cromwell having often said This Town must be brought to more absolute obedience or laid in the dust in order to which the Souldiers are now dis-arming the Country and then the City is next who being once dis-armed must prostitute their mony-bags to these fellows or be plundred Reader having spoken my sence to thee I leave thee to thy own sence submitting my self to as much charity as God hath endowed thee withall God that made all preserve and amend all This shall be the daily prayer of him that had rather die for his Country then share with these Godly Thieves in eating out the bowels of his Country and enriching himself with publike spoiles Faults escaped correct thus PAg. 1. lin 21. read their differenees p. 9. l. 23. r. hath been p. 15. l. 1. r. publike Proclamation ibid. l. 37. r. had to do to p. 16. l. 13. r. self-defence p. 17. marg l. 6. r. by whom p. 18. l. 20. r. Court of Request p. 29. l. 8. r. whereof you p. 49. l. 21. r. rock is p. 51. l. 21. r. friend into ib. l. 25. r. Presbyterian Commoners p. 53. l. 22. Peaces place p. 56. l. 32. r. Trained Band. p. 61. l. 22. r. promising to ib. l. 23. r. desiring the. p. 66. l. 1. r. instructions to stay ib. l. 24. r. Counties The History of INDEPENDENCY YOu have in The mystery of the two Juntoes The Preamble PRESBYTERIAN and INDEPENDENT presented to your view these two Factions as it were in a Cock-pit pecking at one another which rising originally from the two Houses and Synod have so much disturbed and dislocated in every joynt both Church and Common-wealth I must now set before you Independency Triumphant rouzing it self upon its Legs clapping its Wings and Crowing in the midst of the Pit with its enemy under its feet though not yet well resolved what use it can or may make of its victory But before I go any farther 1 1. What Independency is it is fit I tell you what Independency is It is Genus generalissimum of all Errours Heresies Blasphemies and Schismes A generall name and Title under which they are all united as Sampson's Foxes were by the Tailes and though they have severall opinions and fancies which make their vertiginous heads turne different waies yet profit and preferment being their tailes their last and ultimate end by which they are governed like a Ship by his Rudder and wherein they mutually correspond The rest of your differences being but circumstantiall are easily playster'd over with the untempered morter of Hypocrisie by their Rabbies of the Assembly and their Grandees of the two Houses and Army in whom they have an implicite faith As Mahomet's Alchoran was a Gallemaufry of Jew and Christian so are they a Composition of Jew Christian and Turk Independency is compounded of Iudaisme With the Jew they arrogate to be the peculiar people of God the Godly the Saints who onely have right unto the creatures and should possesse the good things of this world all others being Usurpers A Tenent so destructive to all humane society and civill government that by virtue thereof they may and doe by fraud or force Tax eate up with Free-quarter cousen and Plunder the whole Kingdome and account it but robbing the Aegyptians To this purpose they overthrow all the Judicatories Laws and Liberties of the Land and set up Arbitrary Committees and weather-cock Ordinances in their room made and unmade by their own over-powering Faction in Parliament at pleasure with the help and terrour of their Janisaries attending at their dores Christianisme With the Christians some of them but not all acknowledge the Scripture but so far onely as they will serve their turns to Pharisee themselves and Publican all the world besides men filled with spirituall pride meer Enthusiastiques of a speculative and high-flying Religion too high for Earth and too low for Heaven whereas a true and fruitfull Religion like Jacob's ladder Stat pede in terris caput inter nubila condit must have one end upon earth as well as the other in Heaven He that acknowledgeth the duties of the first Table to God and neglecteth the duties of the second Table to man is an Hypocrite both against God and man Turcisme With the Turke they subject all things even Religion Laws and Liberties so much cried up by them heretofore to the power of the sword ever since by undermining practises and lies they have jugled the States sword into the Independent scabbard 2 2. The E. of Essex and Si◠Will Waller undermined to let in the Independents The Earle of Essex Generall of all the Parliaments Forces a man though popular and honest yet stubbornly stout fitter for Action then Counsell and apter to get a Victory then improve it must be laid by and his Forces reduced The like for Sir William Waller and his Forces that Commanders of Independent Principles and interests with Souldiers sutable to them might by degrees be brought into their room to reap the harvest of those crops which they had sowen This was the ground-work of the Independent designe to Monopolize the power of the Sword into their own hands This could not be better effected then by dashing the Earle of Essex and Sir William Waller one against another for which purpose that hot-headed Schismatique Sir A. Haslerigge was imployed with Sir W. Waller and some others
examined and acquitted them of and such as the whole Kingdome knows Cromwell and Ireton to be apparently guilty of as Trucking with the King c. One chief Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to passe Here you see where the shooe wrings them This Charge was not subscribed by any Informer that ingaged to make it good or else to suffer punishment and make the House and the Parties accused reparations as by the Stat. 25 Edw. 3. c. 4. 27 Ed. 3. c. 18. 38 Ed. 3. c. 9. 17 R. 2. c. 6. 15 H. 6. c. 4. but especially by 31 H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be And they professed in the 2 3 4. Article of their Charge That they were disobliged and discouraged from any farther engagement in the Parliaments service or Irelands preservation and demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Lawes of the Land no Judgement could be given for their suspension upon that generall Charge before particulars produced and proofes made 17 17. Threates to march up to London 18 18. London solicited to sit Newters Yet the Army which had now learned onely to acquiesce in their owne prudence and justice insolently threatned to march up to Westminster against the Parliament in case the said 11. Members were not suspended and courted the City of London to sit newters and let them work their will with the Parliament The 11. Impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to doe After this the Army sent in their particular Charge and Libellously published it in Print by their own Authority To which the 11 Members sent in and published their Answer Upon which there had been no Prosecution because they pretend first to settle the Kingdome but if they stay till these fellowes have either authority will or skill to settle the Kingdome they shall not need to make ready for their Tryall till Doomes day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not onely accusers but parties witnesses and Judges and carrying the rules of Court and Lawes by which they judge in their Scaberds And the Charge or Impeachment such as all men know mutatis mutandis are more sutable to Cromwells and Iretons Actions then the Accused parties If the proceedings in the Kings name against the five Members mentioned in The exact Collection pag. 38. were Voted a Traiterous designe against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common-wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nicholls having the Speakers Passe and leave of the House Colonell Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his owne House 19 19. The first occasion of quarrell against the City 20 20. Courting and cheating the Country and all other interests to lull tâ—em asleep till the Grandees had wrought their will upon City Houses 21 21 Petitions to the Army and for the Army Whilst these things were acting Cromwell finding he could not have his will upon the Parliament but that he must make the City of London who had denyed the newtrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in was dangerous he therefore by many Printed books and papers spread all England over by his Agitators and by some journey-men Priests who 's Pulpits are the best Juglers Boxes to deceive the simple Absolon-like wooeth them to make loud complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace restorers of our Laws Liberties and Properties setlers of Religion preservers of all just interests pretending to settle the King in his just Rights and Prerogatives to uphold the Priviledges of Parliament establish Religion to reforme and bring to accompt all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all-devouring Excise and other Taxes To redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdome and Ireland both by Sea and Land into their Hands and Vote against all opposite forces But they are now become the only protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other facinorous persons who comply with them to keep up this Army for their own security against publick Justice Having thus courted and cheated all the publike and just Interests of the Kingdome they deceived the people so far as to make them Issachar-like patiently to bear the burden of free quarter and to make addresses to the Army for themselves by Petitions to which they gave plausible answers That this and This was the sense of the Army as if the sense of the Army had been the supream Law of the Land and to make addresses to the Parliament for the Army not to be disbanded for which purpose their Agitators carried Petitions ready penn'd to be subscribed in most Counties The people being thus lulled asleep 22 22 A quarrell against the City invented they now cast about how to make benefit of a joynt quarrell both against the Parliament and City since they could not separate them or at least against the Presbyterian party in both They had withdrawn their quarters in a seeming obedience to Parliaments commands 30 miles from London of which they often brag in their Papers and presumed the suspension of the 11 Members had strook such an awfulnesse into the Houses that most of the Presbyterian Members would either absent themselves as too many indeed did or turn renegadoes from their own principles to them but found themselves notwithstanding opposed and their desires retarded beyond their expectation by the remainder of that Party They must therefore finde out a quarrell to march against the City and give the Houses another Purge stronger then the former The Army being principled 23 23 The Army demand the City Militia to be changed into other hands and put into a posture sutable to Cromwells desire and the Country charmed
impeached hereafter Sir John Maynard the same day was called to Answer Against Sir John Maynard He desired a Copy of his Charge with leave to Answer in writing by advice of Councell as the 11 Members formerly did To examine witnesses on his part and crosse examine their witnesses But these requests were denye◠and he Commanded to answer ex tempore He gave no particular Answer but denyed all in generall as Col Pride whom he cited for his President had formerly done at their Barre He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary Generall Copley whose case differed little The 8 of Sept. the Earl of Suffolke Lincolne Middlesex Against the 7 Lords the Lords Barkley Willoughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for levying war against the King Parliament and Kingdom The Earle of Pembroke then sent to Hampton-Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelyn the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rodde And so the engaged Lords had their House to themselves according to their desires 50 50. Schismaticall Petitions The 14. Sept. a Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from those Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Oxfordsh Bucks Berkesh was delivered the House against diverse Members sitting in the House enemies to God and Godlinesse enemies to the Kingdome c. Vsurpers of Parliamentary Authority who endeavoured to bring in the King upon His owne Tearmes They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of the two Speakers might be removed there was a clause against Tythes c. in it Such another Petition came but the day before from Southwarke These Petitions were all penned by the engaged party of the Houses and Army and sent abroad by Agitators to get subscriptions The ayme of these Petitions The designe was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the engaged party but 59 to expell the greater party being above 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army daily recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the Sea is the common Receptacle of all waters because those who had no hope to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to petition against Tythes Enclosures and Copy hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the hand from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interloping discourses omitted let us again return to these prodigious Impeachments Against the Lord Mayor Aldermen and Citizens The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent up to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor Generall Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Cōmons Bar to see what they could say for themselves Contrary to Magna Charta 29. chap. and contrary to 28 Edw. 3. enacting that no man shall be put out of his Land c. nor taken nor Imprisoned c. nor put to death c. without being brought to answer by due processe of Law That is according to the Stat. 42 Edw. 3. ch 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ originall according to the old Law of the Land not according to new invented Articles of impeachment but according to those Laws that were well known and old in Edw. 3. time see Stat. 37 Edw. 3. 1 Edw. 6. ch 12. 6 Edw. 6. ch 11. and the Stat. 25 Ed. 3. saith no man shall be taken by Petition or sugestion made to the King or his Councell c. and the House of Peers is no more but the Kings Councell as anon I shall make evident It was moved by divers that these Gent 51 51. Arguments against impeachments before the Lords might be Tried according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and equalls to judge of matter of fact alleaging that the Common Law was the Birthright of all the free people of England which was one of the three Principles for which the Parl so often declared in print that they fought and for defence wherof they had entred into a Covenant with their hands lifted up to God the other two principles were Religion and Liberties 1. The Lords were not Peers to the Commoners At the Common Law they shall have sworn Judges for matter of Law of whom they may aske questions in doubtfull poynts nor can they be Judges in their own cases 2. They have sworn Jurors of the neighbourhood for matters of fact whom they may challenge 3. The known Laws and Statutes for rules to judge by which in case of Treason is the Stat. 25 Edw. 3. you cannot Vote nor declare a new Treason And if you could to do it ex post facto is contrary to all rules of justice The Apostle saith Sin is a breach of a Commandement or Law I had not known sin but by the Law the Law therefore most go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon oath before the Accused's face who may except against them and cross examine them 5. Even in Star Chamber and Chauncery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryall and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the law yea he had law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay
when the House was ready for the question Cromwell brought up the Reare Cromwell's Speech And giving an ample character of the valour good affections and godlinesse of the Army argued That it was now expected the Parliament should govern and defend the Kingdome by their own power and resolutions and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardned That those men who had defended the Parliament from so many dangers with the expence of their bloud would defend them herein with fidelity and courage against all opposition Teach them not by neglecting your owne and the Kingdoms safety in which their owne is involved to think themselves betrayed and left hereafter to the rage and malice of an irreconcilable enemy whom they have subdued for your sake and therefore are likely to find his future government of them insupportable and fuller of revenge then justice lest despair teach them to seek their safety by some other means then adhering to you who will not stick to your selves And how destructive such a resolution in them will be to you all I tremble to think and leave you to judge Observe he laid his hand upon his Sword at the latter end of his Speech that Sword which being by his side could not keep him from trembling when Sir Philip Stapleton baffled him in the House of Commons This concluding Speech having something of menace in it was thought very prevalent with the House 66 66. The four Bills for no addresses nor applications passed The first of the foure Questions being put That the two Houses should make no more addresses nor applications to the King The House of Commons was divided 141. yeas 91. noes so it was carried in the affirmative The other three Votes followed these votes with facility see them in print 67 67. The Committee of Sâ—fety revived and enlarged The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night and then the dores were unlocked and what Members would suffered to go forth whereby many Presbyterians thinking the House had been upon rising departed when presently the House being grown thin the Vote to revive the Committee of both Kingdoms called the Committee of Safety at Darby House passed by Ordinance dated 3. Janu. 1647. in these words Resolved c. That the powers formerly granted by both Houses to the Committee of both Kingdomes viz. England and Scotland in relation to the two Kingdomes of England and Ireland be now granted and vested in the Members of both Houses only that are of that Committee with power to them alone to put the same in execution The originall Ordinance that first erected this Committee and to which this said Ordinance relates beareth date 7. Feb. 1643. in which the English Committees were appointed from time to time to propound to the Scottish Commissioners whatsoever they should receive in charge from both Houses and to make report to both Houses to direct the managing of the War and to keep good correspondency with forain States and to receive directions from time to time from both Houses and to continue for three moneths and no longer The Members of this Committee are now The Earl of Northumberland Ro. Earl of Warwick The E. of Kent Edw Earl of Manchester Will. Lord Say Seâ—â— Phil. L. Wharton John Lord Roberts Will. Pierre poynt Sir Henry Vane sen Sir Gilbert Gerrarde Sir Will. Armine Sir Arthur Hasterig Sir Hen. Vanc Iun. John Crew Rob. Wallope Oliver St. Johns Sol. Oliver Cromwell Samu. Browne Nath. Fiennes Sir John Eveline Iunior But this Ordinance 3 Janu. 1647. vests the said powers in the Members thereof only and alone words excluding the two Houses and for a time indefinite There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin Junior in place of Mr. Recorder and the Earl of Kent in stead of the Earl of Essex 22. Janu. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppresse Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give orders and directions to all the Militia and forces of the Kingdome The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68 68. White-Hall and the Mewes Garrisoned Friday 14 Janu. after a long debate it was ordered that Sir Lewis Dives Sir John Stowell and David Jenkins be tryed as Traitors at the Kings Bench the Grand Jury had found the Bill against Jenkins Master Solicitor c. appointed to manage the businesse * but Jenkins is so great a Lawyer See Iudge Jenkins Remonstrance to the Lords and Commons of Par. 21. Feb. 1647. that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth then the Law wherefore the Solicitor found an Errour in the Indictment turned him back againe upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now 12. of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to dinner yet the Independents sate still and finding the House for their turne moved That a Letter might be forthwith sent to Sir Tho Fairfax to send a convenient number to Garrison White-Hall and a party of Horse to quarter in the Mewes The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed diverse forces were upon their March towards the Towne and came to White-Hall Saterday following by eight of the Clock in the morning Saterday 15. Janu. 69 69. The Armies Declaration thanking the Commons for their 4 Votes The Army sent a Declaration to the House of Commons Thanking them for their 4 Votes against the King and promising to live and die with the Commons in defence of them against all opponents Many of the Lords had argued very hotly against the said 4 Votes insomuch that it was ten Lords to ten but this engagement of the Army 70 70. The Lords passe the 4 Votes and the unexpected garrisoning of White-Hall and the Mewes turned the scales so that they passed the said 4 Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about 12. of the clock the House being thin Dennis Bond moved That whosoever should act against those 4 Votes or incite others to act against them should be imprisoned and sequestred Three or four dayes after the Lords had passed the said 4 Votes 71 71. The Army thanks the Lords the Army vouchsafed
who can think that at the end of 20 yeares these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their owne Declarations Oaths and Covenants extorted and who can or dare wrest those powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habituall servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloudy presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyrannie They that could make steel sharp enough to cut Captain Barlyes throat for attempting to rescue the King out of the hands of a rebellious Army that neither obeyes King nor Parliament will find gold and silver enough to corrupt all the Judges they mean to prefer and make them wyld and vilde enough for their purposes But it is hoped he hath more of King more of man in him then to lose his principles and stumble againe at the same stone dash againe upon the same rock whatsoever Syrens sing upon it knowing he hath a Son at liberty to revenge his wrongs all the Princes of Christendome his Allyes whose common cause is controverted in his sufferings the greatest men of England and Scotland of his bloud and the people generally whose farthest designe was to preserve their Lawes and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have engaged them farther then they intended not to the defence of Religion Laws and Liberties but to the setting up of Schisme Committee law and Martiall law Impeachments before the Lords and unlimited slavery And I am confident this Faction despaire of working upon the King who like a rock in mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King he sent a Message to both Houses by way of prevention delivered in the painted Chamber by the Lord of Lauderdale one of the Scots Commissioners consisting of three heads 1. That He was taken from Holdenby against His will 2. That they should maintain the Honour and Priviledges of Parliament 3. That they should believe no Message as coming from Him during His Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old customer and hath been often cheated by them and having Him in strict custody peradventure they may perswade Him it is for His Safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and his Posterity and usurp His power in order to which they have overwhelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new addresses in private to Him notwithstanding their four Votes inflicting the penalty of Treason upon the infringers But Treason is as naturall to Cromwell as false-accusing protesting and lying he is so superlative a Traytor that the Laws can lay no hold of him Lieut. Col. Lylborne in a verball Charge delivered at the Commons Bar accused him of many Treasonable acts which the avoweth to make good and in his Book called A Plea for a Habeas Corpus But as if Cromwell were a Traytor cum privilegio the House of Commons being under his armed Guards dares take no notice of it But the Roman Tribune said to Scipio Africanus in Livy Qui jus aequum ferre non potest in eum vim hand injustam fore He that exalts himself above the law ought not to be protected by the law To conclude Cromwell hath lately had private conference at Farnham with Hammond The Earle of Southampton hath been courted to negotiate with the King and offered the two Speakers hands for his warrant Capt. Titus taken into favour and imployed that way These Grandees have brought themselves into a mist and now wander from one foolish designe to another The Spaniard is said to forecast in his debates what will happen forty years after But these purblind Politicians doe not foresee the event of their Councels forty daies nay howers beforehand but it is a curse laid upon wicked men to grope at noone day 76 76. Debates in the House of Commons upon the Scots Letters 1 1. Concerning the said four Votes About the 5. or 6. of Jan. 1647. the Scots Commissioners had written certaine Letters to the House of Commons one whereof repeating the four Votes against the King propounded to know whether the Houses by their Votes That no person whatsoever do presume to make or receive any Application or addresse to or from the King would debar the Scots to make or receive any Addresses to or from him and so put an incapacity upon Him to perform Acts of Government towards them In the debate the Independents called to mind a more antient Vote whereby it was ordered That the Scots might be admitted to the King Against which was alleaged That these latter Votes being made generall without exception Repealed that former Vote At last by an interpretative Vote it was concluded That notwithstanding the said four latter Votes the former Vote That the Scots Commissioners might make Addresses to the King was still in force Observe that this was done four or five daies after the Scots Commissioners were on their way towards Scotland The second Letter was concerning 100000l due by contract to the Scots from the Parliament 2 2. Concerning 100000l due to the Scots whereof 50000l was payable by assignement to divers Scots Gentlemen who had advanced money to hasten the Scots Army to our Relief whereof 10000l was payable to the Earle of Argyle Sir Henry Mildmay made a long Speech in praise of Argyle saying That he and his party and the Scottish Clergy were the onely men that upheld the English interest in Scotland and were better friends to us then all Scotland besides wherefore he moved that Argyle might be payed his 10000l and the rest continued at Interest at 81. per cent Presently the whole Independent gang with much zeale and little discretion ran that way untill more moderate men stopping them in full cry minded them what dishonour and danger they might bring their friends into by laying him open to suspition After this it was Resolved to send four Cōmons 77 77. Six Commissioners sent into Scotland and two Lords into Scotland as Commissioners with Instructions to send all Independents would not be acceptable Two Presbyterians Commoners therefore were sent one whereof was sweetned with the guift of 1000l
judgements at Law or else to attend the Councell of Warre wheresoever they sit to shew cause to the contrary And when Lieut. Colonell Lylborne was ordered to be brought to the Kings Bench-Barre upon his habeas Corpus Easter Terme 1648. Cromwell sent word to the Lieutenant of the Tower not to bring him and Cromwell was obeyed not the Judges Thus the Laws of the Land are daily baffled that men may be accustomed to Arbitrary Government and those actions which no Law of the Land calls a crime may be interpreted Treason when our Grandees please to have it so 4. Their allowing Mony to some Committees to reward Informers Spies Intelligencers to betray even their nearest friends relations 5. Their holding Honest Generous and Grave men in suspicion and making the Houses of Parliament and Army snares to them expelling them with false and extrajudiciall Accusations 6. Their owning dishonest base minded men that have cheated the State as instruments fit to be confided in and associate with them in time of danger 7. Their impoverishing the people with confused Taxes decay of Trade and obstructing of the mint and thereby breaking their spirits 8. Their changing and dividing the Militia of London purposely to weaken it 9. Their not restoring to the Countries their Militia and trusting them to defend their owne houses as formerly 10. Their nourishing factions in the Common-wealth Schismes in the Câ—â—â—ch 11. Expelling learned Divines to let in ignorant men All these are Tyrannicall policies grounded upon the old principle That a Tyrant should deprive His Subjects of all things that may nourish courage strength knowledge mutuall confidence and charity amongst them which Maxime the best Politicians say containes the whole Systeme or method of Tyrannicall Government 4 4. The Independents divide the Taxes Spo les Preferments of the Land between them 4. As this encroaching faction have usurped all the Military and Civill power of both Kingdomes so they have Monopolized all the great Offices Rich imployments and Treasure of the Land They are cleerly the predominant party in all money Committees They give daily to one another for pretended Services Aâ—â—ars and loosses great summes of money many of their largisses I have already set down They gave lately to Colonel Hammond Governour of the Isle of Wight for his Table 20l. a week 1000l in money and 500l a year land to Major Gen. Skippon 1000l per annuÌ„ land of Inheritance to Col. Mitton 5000l mony All the cheating covetous ambitious persons of the land are united together under the name and title of The Godly the Saints c. and share the fat of the land between them few of them pay any Taxes but all the Land paies Tribute to them It is thought this Faction their under-Agents and Factors have cost this Common-wealth above 20 millions never laid forth in any publike service Nay the Treasurers and Publicans of this Faction have clipped and washed most of the mony that comes into their fingers before they pay it forth knowing that any mony that comes out of their fingers will be accepted two Gold-smiths are thought to be dealers this way yet they lay the blame on the Scottish Army as the Cuckow laies her brood in other nests 5. Having thus imped their wings for flight 5 5. The Independents provided of Places of retreat to flie to they have provided themselves of places of retreat in case they cannot make good their standing in England Ireland is kept unprovided for that they may find roome in it when necessity drives them thither If their hopes faile in Ireland they have New-England Bermudas Barbadas the Carybi Isles the Isle of Providence Eleutheria Lygonia and other places to retreat to and lay up the spoiles of England in nay they usually send chests and vessels with mony plate and goods beyond Sea with Passes from the two Speakers To let them passe without searching the Navy is in their power to accommodate their flight and by their Instruments called Spirits they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismaticall Plantations as the Turke takes up Tribute-children from the Christians to furnish his nursery of Janisaries and so they have their Agents that buy up all the Gold they can get Cromwell not long since offered 11000l in silver for 10000l in gold besides he is well furnished with the Kings Jewels taken in his Cabinet at Nazeby many of them known jewels as the Harry and the Elisabeth 6. Nor shall the vulgar sort of Independents either in Parlialiament Army or City fare better then the rest of the Kingdome 6 6. The vulgar Independents but props and properties to the Grandees The Grandees both of Parliament and Army endevouring to adjourn the Parliament and draw all the power of both Houses into the Committee of Derby-house consisting but of 20. or 30. the rest of the Independent Members will find their power dissolved in the adjournment and swallowed up by that Committee and rheir services forgotten nor shal they have any power in the Militia which is the only quarrell between them and the King the Grandees disdaining to have so many Partners in that which they have got by their own wits for know that the Grandees have alwaies been winnowing the Parliament First they winnowed out the moderate men under the notion of the Kings party then the Presbyterians and now they will winnow forth the lighter and more chaffy sort of Independents who stand for the Liberty of the people a thing which Cromwell now calleth a fancy not to be engaged for and so they will bring all power into their own hands Thus having contracted the Parliament into a Committee of Safety they will adjourne themselves though the Parliament cannot to Oxford or some other place which they more confide in then London and this is the setling the Kingdom without the King they so much ayme at and which they had rather the people should be brought to practically and by insensible degrees then by Declarations held forth to them before hand or by politick Lectures in the Pulpit Thus is it decreed that this Caball of Godly men at Derby-house shall with a Military Aristocracy or rather Oligarchy rule this Nation with a rod of Iron and break them in pieces like a Potters vessell Observe that the Ordinance by which the Committee of Derby-house is revived and the additions of power to it are purposely penned in such ambiguous tearms that he that hath the Sword in his hand may make what construction of them he pleaseth neither were they clearly penned is it in the power of the Houses being but the Trustees of the people to transfer or delegate their trust to a lesser number of men a trust not being transferable by law and the people having chosen a Parliament not a Committee to look to their safety and peace 7 7. The Army hindeâ—â— Peace and Setlement
7. The Grandees of the Parliament and Army have brought the Kingdome to so miserable a condition that they have left no Authority in England able to settle peace the King is a close Prisoner to the Army therefore all he shall doe will be clearly void in law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegall Accusations Blancke Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Aegyptians did under vassalage to their own Mamaluchi or Mercenaries The people therefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdome 8 8. The two Vniversities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties are enemies to their barbarous irrationall and Russian way of Government 9. Many honest men took part with this Parliament 9 9. Many honest men seduced by faire pretences took part with them never intending to leave their first principles and enslave King and Kingdome seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the people and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdome to subvert the Laws Liberties and fundamentall Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoiles of the Common-wealth between them and think of enriching themselves with them in foraine lands yet many at the beginning much disliked that Religion should be used as an ingredient to the carrying on of a Civill War and that Schismaticks should have so great a stroak in managing the businesse yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high way he will not refuse to joyne with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designes had so often purged the Houses that they left few honest moderate men in them to oppose their projects still bringing in Schismaticks and men of their owne interests by enforced undue Elections into their rooms and so by insensible degrees new modelled the House sutable to their owne corrupt desires and new modelled this Army accordingly so that the people who had no intention to be intrusted so far were step by step so far engaged before they were aware that they could not draw their feet back and do now find to their grief that the Bit is in their mouths the saddle fast girt on their galled backs and these Rank riders mounted who will spur them not only out of their Estates Lawes and Liberties but into Hell with renewed Treasons new Oaths Covenants and Engagements if they take not the more heed and be not the more resolute they have changed their old honest principles and their old friends who bore the first brunt of the businesse and have taken new principles and friends in their roome sutable to their present desperate designes and now that they have squeezed what they can out of the Kings party they think of sequestring their old friends because they adhere to their old principles 10 10. Who are the King 's bitterest enemies 10. Amongst those that are most bitter against the King his own Servants especially the Judasses of the Committee of the Revenue that carry his purse and have fingered more of his mony and goods then they can or dare give an account for are the greatest Zealots those that take upon them imployments about his Revenue and share what allowances to themselves they please for their pains those that buy in for trifles old sleeping pensions that have not been payed nor allowed this thirty years and pay themselves all arrears those that rent parcells of the Kings Revenue for the eighth or tenth part of the worth as Cor Holland who renteth for 200l per annum as much of his Estate as is worth 1600l or 1800l per annum Thus you see the Lion Lord of the forrest growing sick and weak become a prey and is goared by the Oxe bitten by the Dog yea and kicked by the Asse Look upon this president you Kings and Princes and call to mind examples of old that of Nebuchadnezzar others lest by exalting your selves too high you provoke God to cast you too low The Epilogue I Am not Ignorant that there is a naturall purging a naturall phlebotomy belonging to politicke as well as to naturall bodies and that some good humours are alwaies evacuated with the bad yet I cannot but deplore what I have observed That the honestest and justest men of both sides such as if they have done evill did it because they thought it good such as were carried aside with specious pretences and many of them seduced by pulpit-Devils who transformed themselves into Angels of light have alwaies fared worse then other men as if this difference between the King Parliament were but a syncretismus or illusion against honest men nay I do farther foresee that in the period and closing up of this Tragedy they will fare worst of all because they have not taken a liberty to enrich themselves with publick spoyles and fat themselves by eating out the bowels of their mother but are grown lean and poor by their integrity whereby being disabled to buy friendship in the daies of trouble they will be put upon it to pay other mens reckonings When Verres was Praetor of Sicily he had with wonderful corruptions pillaged that Province and at the same time the Praetor of Sardinia being sentenced for depeculating and robbing that Province Timarchides Verres correspondent at Rome writ a very anxious Letter to him giving him warning of it But Verres in a jolly humour answered him that the Praetor of Sardinia was a foole and had extorted no more from the Sardinians then would serve his own turn but himself had gathered up such rich Booties amongst the Sicilians that the very overplus thereof would dazle the eyes of the Senate and blind them so that they should not see his faults such I foresee will be the lot of the more just and modest men who shall be guilty because they were fools as the other sort shall be innocent because they
whose Ashes I will spare with the E. of Essex to break them one upon another This was at last effected by taking advantage of their severall misfortunes the one at Listithyell in Cornwall the other at the Devises in Wiltsh where Hasterigge a man too ignorant to command and too insolent to obey not staying for the Foot who lay round about the Devises in a storming posture charged up a steep hill with his Horse only against the Lord Wilmot's Party one Division so far before another that the second Division could not relieve the first thereby freeing Sir Ralph Hopton from an assured overthrow and bestowing an unexpected Victory on the L. Wilmot he received a wound in his flight the smart whereof is still so powerfully imprinted in his memory that he abhors fighting ever since witnesse his praying and crying out of Gun-shot at the Battle of Cheriton when he should have fought and his complaint openly made in the House of Commons of the Earle of Stanford for Bastonadoing him Which rashnesse of his if it deserve not a worse name was so far from being discountenanced that he received not long after a gift of 6500l from the House and is lately made Governour of Newcastle and 3000l given him to repaire the Works there I shall not need the spirit of prophesie to foresee that the tenth part of the said 3000l will not be bestowed upon those Works Thus was he favoured by his party in the House who were thought to look upon this action as an acceptable service In farther progresse of this designe Manchester a Lord 3 3. The E. of Manchester undermined and therefore not to be confided in was undermined and accused by his Lieutenant Generall Cromwell of high Crimes whom he again recriminated with a Charge of as high a nature and when all men were high in expectation of the event it grew to be a drawn battle between them whereby all men concluded them both guilty Manchester was discarded Out of the ashes of these three arose that Phoenix forsooth a new modell'd Army under the Command of Sir Thomas Fairfax a Gentleman of an irrationall and brutish valour fitter to follow another mans counsell then his owne and obnoxious to Cromwell and the Independent faction upon whose bottome he stands for his preferment it being no dishonour to him to become the property to a powerfull Faction 4 4. The Victories of the new Modell how atchieved It pleased God to bestow many Victories upon this Army over the Kings Forces then strong in bulk but weakned by Factions want of Pay and other distractions whereby many of their Commanders not confiding in one another began to provide for their future safety and subsistence but above all they had generally lost the peoples affections To these their Victories the constant pay and supplies and all other helps and encouragements from a concurring State which their working and restlesse Faction carefully accommodated them withall far beyond what any other Army had formerly did much conduce in so much as they cleared the field and took in all the enemies Garrisons with so much facility that to many men they seemed rather Cauponantes bellum quà m belligerantes to Conquer with silver then with steel 5 5. Artifices to make Cromwell and his new Modell popular Thus this Faction having got a Generall fit for their turne and a Lieutenant Generall wholly theirs in Judgment and interest were diligent to make him famous and popular by casting upon him the honour of other mens Atchievements and valour The News-books taught to speak no language but Cromwell and his Party and were mute in such actions as he and they could claim no share in for which purpose the Presses were narrowly watched When any great exploit was half atchieved and the difficulties overcome Cromwell was sent to finish it and take the glory to himself all other men must be eclipsed that Cromwell the Knight of the Sun and Don Quixote of the Independents and his Party may shine the brighter 6 6. The new Modell new-modelled by degrees to put the Sword into the hands of Schismaticks And that Cromwell's Army might be sutable to himself and their Designes carried on without interruption or observation of such as are not of their Principles all the Sectaries of England are invited to be Reserves to this Army and all pretences of scandals and crimes laid hold of at their owne Councels of War to casheer and disband the Presbyterian party that Independents might be let into their rooms though such as for the most part never drew Sword before so that this Army which boasteth it self for the Deliverer nay the Conquerour of two Kingdoms is no more the same that fought at Nazeby then Sir Francis Drake's Ship that brought him home can be called the same Ship that carried him forth about the earth having been so often repaired and thereby suffered so many substractions and additions that hardly any part of the old Vessell remained It was therefore nominally and formally not really and materially the same The said Mystery of the two Junto's farther tells you that the Independent Junto bottomed all their hopes and interests upon keeping up this Army whereby to give the Law to King Kingdom Parliament and City and to establish that Chimaera called Liberty of Conscience That this was Cromwell's ambition formerly the Earle of Manchester's aforesaid Charge against Cromwell though let fall without prosecution lest so great a mystery should be discovered makes it probable and his later practises upon which I now fall makes it infallible The Houses long since for ease of the people in a full and free Parliament ordained the disbanding of this Army 7 7. The Army Voted to be Disbanded through Cromwell's craft onely 5000 Horse 1000 Dragoons and some few Fire-locks to be continued in pay for safety of this Kingdome and some of them to be sent for Ireland for which purpose they borrowed 200000l of the City being the same summe which disbanded the Scots and for the rest of their Arrears they were to have Debenters and security without all exceptions such tearms of advantage as no other disbanded Souldiers have had the like neither are these like to attain to again so that they have brought the Souldiers into a losse as well as into a labyrinth their continuing in Armes without nay against lawfull authority being a manifest act of Treason and Rebellion and so it is looked upon by the whole Kingdome nor can the Parliaments subsequent Ordinances which all men know to be extorted by force as hereafter shall appear help them To the passing of this Ordinance Cromwell's Protestations in the House with his hand upon his brest In the presence of Almighty God before whom he stood that he knew the Army would disband and lay downe their Armes at their dore whensoever they should command them conduced much This was malitiously done of Cromwell to set the Army at a
threefold upon one or both Houses or upon the King in giving His Royall Assent neither could plead it the Parliament is presumed to consist of such men as dare lay downe their lives for their Country When the King came with force to demand the 5 Members when the City came downe crying for Justice against the Earl of Strafford when the women came down crying for Peace when the Reformado's came down in a much more dangerous Tumult then this of the unarmed Prentices yet the Houses continued sitting and Acting and none of their Acts were nullified That to make their Acts Orders and Ordinances voide ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts voide ab initio is contrary to all reason If to act upon such Ordinances were criminall it was more criminall in those that made them And who shall be judges of those that made them Not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament they have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actuall force be voide it is questionable whether all hath been done this 4 or 5 years be not voide and whether His Majesties Royall Assent to some good Bils passed this Parliament may not be said to have been extorted by force if the Kings Party prevaile they will declare this Parliament voide upon the ground your selves have laid 1 Hen. 7. That King urged the Parliament to make voide ab initio all Acts passed Rich. 3. which they refused upon this ground That then they should make all that had Acted in obedience to them lyable to punishment only they repealed those Acts. The debate upon this Ordinance of null and voyde held from Munday 9 of Aug. to the 20 Aug. when it was passed but not without some interloaping debates of something a different na-nature yet all looking the same way occasioned by Messages from the Lords Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army 43 43. The Lords Message to the Commons to approve the Declaration of the Army concerning their advance to London was read debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the engaged Party and their Pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Hasterig affirming that those Gentlemen that sate and voted for a Committee of safety 44 44. The Committee of safety and the Kings comming to London did drive on the designe of the City protestation and engagement To which was Answered That the Committee of safety was not then newly erected by those which sate but the old Committee revived by that Vote which had been long since erected in a full free Parliament when the Army first mutinyed and threatned to March to London and for the same ends Defence of Parliament and City And for the Kings comming to London it was Voted only to get Him out of the power of the Army as formerly in a full and free Parliament he had been voted to Richmond for the same reason 45 45. A Committee to examine the Tumult Upon another Message from the Lords the Commons concurred in an Ordinance to erect a Committee of Examinations to inquire into and examine the City Petition engagement and the force upon the Houses 26 July and all endeavours to raise any forces 46 46. A Sub-committee of Secrecie selected to examine the Tumult c. This Committee consisted of 22 Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly the true seed of Israel might shuffle the Cardes according to their owne minde the 13 Aug. after upon another Message from the Lords there was a Sub-committee of Secrecy named out of this grand Committee of Examinations to examine upon Oath The persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Hasterig Mr. Solicitor Gourdon Miles Corbet Alderman Pennington Allen Edwards Col Ven or any three of them All persons engaged to live and die with the Army and now appointed to make a clandestine scrutiny and search into the lives and Actions of the Presbyterian party that sate in Parliament doing their duty when the engaged party fled to the Army and brought them up in hostile manner against them The unreasonablenesse of this way of proceeding was much urged 47 47. Debate upon the passing the Committee of Secret examinations and farther alleaged that it was neither consonant to the Customes of the House nor unto common reason That a Sub-committee should be chosen out of the Grand Committee of examinations with more power then the Grand Committee it self had and excluding the rest of the Committee under the pretence of secrecie Besides it was against the priviledge of the House of Commons that the Lords should nominate the Commons in that Sub-committee as well as their own Members But the Independent Grandees would have it passe Breach of Priviledge and all other considerations are easily swallowed when they are subservient to their present designes The party engaged were resolved to be Examiners Informers 48 48. The manner of prosecution and proceeding upon the Tumult and witnesses as well as parties so active was their malice and had so well packed the Cardes that eight or nine Schismaticall Lords engaged likewise with them and the Army should be judges of the Presbyterian party that sate in absence of the two Speakers the better to give the two Houses a through Purge and make them of the same complexion with the Army without which they had no hopes to divide the power and profit of the Land between themselves by 10000. l. 20000. l. in a morning shared amongst the godly and to make the whole Kingdom to be Gibeonites hewers of wood and drawers of water to the faithfull In order to the playing of this game 49 49. Miles Corbet makes report of
Examinations taken at the close Committee First against the Committee of Safety Miles Corbet Interpreter to that State-puppet-play behinde the curtain commonly called The close Committee of examinations upon the 3. Septemb. stood up and began his Report from that Inquisition saying he would begin with the Committee of safety wherein many Members were concerned and it was necessary to purge the Houses first But farther said he would suppresse the Nantes of many of his Witnesses because the Depositions he should report were but prepatory examinations and it would be for service of the State to conceal their names He first produced many Warrants signed at the Committee of Safety by the Earles of Pembroke Suffolke Middlesex Lincolne Lord Willoughby of Parham Maynard Mr. Hollis Sir Phil Stapleton Sir William Waller Mr. Long Mr. Nicholls Sir William Lewes Mr. Baynton Next Corbet reported he had a Witnesse who deposed that a Gentleman with a red head had signed many Warrants supposed to be Mr. Edward Baynton Against Master Baynton at length after much wyer-drawing of the businesse one Warrant was shewn to Mr. Baynton which he confessed to be his hand And presently Haslerigge moved that Mr. Baynton might forthwith Answer against which was objected That since these were but preparatory examinations not legall proofs no man was bound to answer them otherwise a man shall be put to as many severall answers as severall new matters of Charge come in against him and shall day by day be liable to new vexations and never know when he hath cleered himself But Corbet who of an Examiner was now become the Kings Solicitor or Advocate Criminall moved to proceed to judgment against him but first to ask him some preparatory questions But it was answered that it was illegall to squeese examinations out of a mans own mouth neither was a man bound to answer where his words may condemn but not absolve hiâ— for so much as depends upon the testimony of Witnesses against this Gentleman you cannot proceed unlesse he be by and have liberty to put crosse questions to the Witnesses It is alleaged Warrants were signed and all done in relation to a new war It is answered it was done in order to self-defence allowable by the Lawes Long before this occasion when the Army first mutinied and threatned to march up to London and use such extraordinary means against the Parliament and City as God had put into their hands you then in a full and free Parliament appointed a Committee of safety for your defence who sate and acted This Committee was but the same revived and upon the like or worse threats and menaces as by the many printed Papers from the Army will appear you have no Testimony against this Gentleman by name but only a Character of his haire and for signing the Warrant confessed by himself he is acquitted by the Proviso of the Ordinance 20. August last which excepteth only such as acted upon the force But when the Committee of safety was revived the Parliament was freer from force then it is how Mr. Baynton notwithstanding was adjudged to be suspended the House during pleasure of the House which is as much as to say So long as the Tyranny of this domineering Faction lasteth The 4. Against Master Walker of Sept. Corbet reported he had a Witnesse but named him not because they were but preparatory examinations who deposed that an elderly Gentleman of low stature in a gray suit with a little Stick in his hand came forth of the House into the Lobby when the Tumult was at the Parliament dore and whispered some of the Apprentices in the eare and encouraged them supposed to be Mr. Walker Mr. Walker denied he spake then with any man in the Lobby or saw any face that he knew there and so neglected the businesse as a thing not considerable But the next day Corbet moved that Mr. Walker might be ordered to put on his gray Suite againe and appeare before the Close Committee and the Witnesse who saith he knoweth him againe if he see him I heare Mr. Walker desired to know seeing the Witnesse had not named him by what authority the Examiners should take such a Deposition and make application thereof to him and seeing there were many Gentlemen in the House that day with whom that Character agreed as well as with himself why the Reporter did not move that all to whom that Character was applyable might be put to that test as well as himselfe but singled him out for a marke to shoot at complaining he was not ignorant out of what Quiver this Arrow came he had beene threatned with a Revenge by some of that Close Committee and had other enemies amongst them that could bite without barking He told them that yesterday Mr. Corbet Reported that the supposed old man whispered c. but desired those that were then in the House to call to mind that the noise was then so great in the Lobby that no whisper nay the lowdest words he was able to speak could not be heard Then Corbet changed his Tale saying the words were What you doe doe quickly and were spoken aloud and said the Character agreed best with Mr. Walker for that the Deponent said the Gentleman was a Leane meager man Here Mr. Walker desired the House to take notice that the Reporter had twice varyed his Report 1. In the words spoken from a whisper to lowd speaking 2. In the Character inlarged with the words leane and meager Here is Hayle-shot provided if one misse the other must hit Yet with this addition there were divers in the House with whom the Character agreed as well as with himself And by the incivility of his words it should seem the Witnesse is a man of no breeding wherefore he desired to hear his Name that he might enquire of his credit and repute If the Reporter thinks he may be practised he doth not think him a man of honesty and then he had more cause to suspect him He farther complained that to make Hue and Cry after him as it were upon fresh suite upon a character of his person and cloths five or six weeks after the supposed fact he never having absented himselfe one day from the House favoured too much of a party overswayed with malice and Revenge Your close Committee of examinations carry on businesses so in the darke being parties ingaged with the Army and not sworne to be true in their office that no man can see how to defend himself or how he is dealt with or when he is free from trouble and danger It seems we are here called ex tempore to answer for our lives ore tenus And our Accusation beginneth with the examination of our persons to make us state a Charge against our selves to betray our selves and cut our own throats with our tongues contrary to Magna Charta the Petition of Right and all those laws of God and man which in the KING'S time were
in use And no Witnesses are produced nor so much as named methinks therefore we are compelled to play at blind-man-bough for our lives not seeing who strikes us You have the most summary way of hanging one another that ever I saw It is a kind of Star-Chamber proceeeding in matter of life and death your secret examinations savour so much of the Spanish Inquisition and of the Councel of troubles erected by the Duked ' Alva in the Low-countries called Concilium Sanguinis that they can never agree with the laws and nature of our Nation If our Kings shall imitate you hereafter they will be the greatest Tyrants in the world Formalities and priviledges of Court derogating from the common rules of Law and practice of the land are but curtains drawn before oppression and tyranny to dazle mens eyes Give me leave to tell you that I have served you faithfully from the beginning and have taken as much paines and run as many hazards as most men in your service wherein I have lost my health and above 7000l of my Estate without one penny compensation as other men have had nor have I laid my hands upon any mans mony or goods or had any gainfull imployment from you I contented my self to serve my Country gratis and with some little Honour I had gotten thereby whereby you have now Robbed me by a Roaving accusation shot at Random at me Had I cheated the State of 40000l or 50000l peradventure I might have beene thought a godly confiding man of right principles and have had 10000l given me for my paines Sir you have heard the voice of a Free-man not of a Slave that dares keep his first principles Religion Lawes and just Liberties whosoever layes them aside and protest against Tyranny and Oppression wheresoever he finds it whether in the Government of one or many You may murder me by the Sword of Justice but you cannot hurt me but deliver me from the evills to come Nor shall I be unwilling to suffer a Goale-delivery of my soul from the prison of my body when I am called to it When Mr. Walker had done his defence the debate followed much to this purpose That to order him to appear in his Gray suite before the close Committee and Witnesse was illegall and against the Lawes and Liberties of the Subject 1. It is to help another to accuse himself which is all one as if he did accuse himself 2. To bid a Witnesse look upon a man after he is engaged to name some body is to prompt him to go no farther then the party shewed 3. A Witnesse ought not to be twice examined against a man That is to draw him on by degrees to swear home and to mend in his second Deposition what fell short in his first 4. If the Witnesse first depose to the matter not naming the party and five or six weeks after declare the Person without oath this is no Deposition and if the Oath be renewed the Witnes is twice examined So the businesse was laid by and Corbet allowed to shew Mr. Walker casually as he could meet with him to his witnesse which was in a manner to draw dry foot after him with his bloud-hound I was the more curious in gathering the circumstances of this businesse out of the reports of many severall men in regard of the rarenesse of the case and the exquisitenesse of the malice with which it was prosecuted And it seemed to me the more admirable because I heare generally that Mr. Walker hath alwaies been opposite to all parties and factions both Presbyterian and Independent upon whom he looks as the common disturbers both of Church and Common-wealth and enemies of peace Nor could he ever be perswaded to be at any of their Junto's or secret meetings and therefore it is not probable he should suddenly and in the open view of the House go forth and engage with a company of silly unarmed Apprentice Boyes But I heare they cannot endure his severity nor he their knavery What will not the malice of a desperate Anabaptisticall faction attempt they have long sported in the bloud and treasure of the land as the Leviathan doth in the waters and do now keep up a numerous Army to carry on those designes by force which they can no longer make good by fraud All England is become as Munster was and our Grandees sutable to John of Leyden and Knipperdolling Against Master Recorder Glyn. The next report Corbet made concerning Mr. Recorder Glyn. The chief things objected were That he had frequented the Common Councell the Committees of the Militia and safety more then he was wâ—nt to doe That he was silent and made no opposition And that he gave thanks to the Apprentices when they delivered their Petition to the City offering their help for defence thereof against whomsoever The Recorder answered the Charge was long and his memory short He desired time to examine his memory concerning the circumstances of time place persons and other matters and that he might examine witnesses for clearing his innocency But his Prosecutors hoping to do more good upon him by way of surprise then in a deliberate and legall way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most materiall He denied he was more frequent at their meetings then ordinary For his silence he alleaged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and Reprehensions in speech to them So the Recorder withdrew And presently Hasterig according to his custome moved judgement might be given against him To which was answered that the Recorder denyed 〈◊〉 principall parts of his Charge and offered proofes by witnesses you must give him that leave or take all parts of his speech for granted as well what makes for him as against him Two or three dayes more will make this businesse ripe for judgement let him have one judgement for all If you judge him now to be expelled the House he is already forejudged that will be a leading case to a farther judgement For who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation And shall never know when he hath satisfied the Law an endlesse vexation Yet Hasterig moved he might receive judgement now for what was already proved or confessed to be expelled the House saying the Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and further
to spit thanks in their mouthes and make much of them These 4 Votes were generally sinisterly taken and filled mens mindes with suspicion what forme of government the Grandees would set up now they had laid by the King and every mans minde presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintaine them and every man began to lay the project of a new War at their door notwithstanding by way of prevention they had impeached divers Members and Citizens of London for endeavouring a new Warre when they did but raise men for their selfe-defence 72 72. The Declaration against the King To shew the people therefore the reasons of these 4 Votes the Independent Grandees appointed a Committee to search into the Kings Conversation errours of his Government publish them in a Declaration to the world wherein they objected many high crimes against Him concerning His Fathers death the losse of Rochell and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say That they have set forth no new matter therein which they have not formerly published in parcells since which time they have taken and caused others to take the Nationall Covenant whereby they vow to maintaine the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as Arguments to lay by the King savours more of designe then justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should doe him much wrong The people were as ill satisfied with this Declaration as with the four Votes 73 73. Tho Hasterig's Letter concerning the King wherefore 24. Febr. Mr. Speaker with much seriousnesse presented to the House a Letter out of Leicester-shire from Thomas Hasterig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy-examiner in the Star-chamber and affirmed that above twenty years since there being a suite in Star-chamber betweene the Earle of Bristoll complainant and the Duke of Buckingham defendant concerning Physick presumptuously administred by the said Duke to K. James the said Smalling took many depositions therein and was farther proceeding in the Examinations untill a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the principall passages doubting what farther proceedings might be hereafter in a businesse of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no notes so this Chimaera vanished What the said Committee would have made of this who knows God blesse us all from clandestine examinations especially when they are taken by parties preingaged 3. Caroli this businesse had been ventilated and examined against the Duke and no mention made of poysoning or killing K. James It was then only called an Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon K. Charls yet now because K. Charls dissolved that Parliament the Independent party were willing to raise a suspition against him concerning his Fathers death whereas the Accusation against the Duke of Buckingham 3 Caroli contained seven or eight Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King and make him uncapable of Government to ruine his Person Crown 74 74. Why the Independents went so high against the King To usurp the Regall power into themselves either in the Houses purging or in the Committee of safety at Derby house and Dignity and extirpate Monarchy root and branch were taken in order to the usurping of the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now dispair of then into the hands of the Committee or Councell of State at Derby House and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and send downe the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have Blanck Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fuell to their covetousnesse is to sequester the Presbyerians and then to sequester one another for they are already divided into pure Independents and mixed Independents and have feuds amongst themselves for this Faction insatiate with mony and bloud are all beasts of prey and when they want prey will prey upon one another nor shall the Houses meet above one Month or two in a Year to ratifie and approve what Derby house and the Junto of the Army shall dictate to them and to give an Account to the domineering party how each Member hath carried himself in the Country Thus in stead of one King we shall have twenty or thirty Tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government 75 75. Why the Grandees doe still continue to truck with the King notwithstanding the said 4 Votes Notwithstanding the aforesaid four Votes and Resolutions the Caball of Grandees still keep Ashburnham and Barkley in the Army and have sent diverse turn-coat-Cavaleers and Emissaries underhand disguised to the King who pretending that by Bribes they have bought their admission to him after some insinuations endevour with false and deceitfull newes and arguments to shake his constancy and perswade him to passe the said 4. dethroning Bils for these usurpers of Soveraign Authority long to turne their Armed and violent Tyrannie into a legall Tyrannie or at least to make him declare against the Scots comming in In both which cases he will dishearten his friends who endeavour to take the golden reines of Government out of the gripes of these Phaëtons and restore them againe to his hand un-king himself and his posterity for ever be carryed up and down like a stalking horse to their designes and be Crowned Ludibrio Coronae with straw or thornes For
Tyrant was ever so barbarous so indiscreet as to do the like It was moved that Offendors of this kind might be bound to the good Behaviour and the offence proved openly at the Assizes or Sessions before so destructive a punishment be inflicted There are three principles in law of which the Laws are very tender and will not suffer them to be touched but upon great offences cleer proofs and exact formalities observed life liberty and estate by Magna Charta the Petition of Right and many other Statutes these principles are so sacred that nothing but the Law can meddle with them Nemo imprisonetur aut disseisietur nisi per legale judicium parium suorum you have made the people shed their money and bloud abundantly pretending defence of Religion Laws and Liberties let them now at last being a time of peace enjoy what they have so dearly paid for and delay them not with a pretended necessity of your owne making you now make all that is or can be neer and deer to them lyable to the passions of three Committee men to judge and execute according to their discretion without Law or so much as a formality thereof And yet both Houses of Parliament have often heretofore offered to abolish those Committees as men whose wickednesse and folly they and the whole Kingdome were ashamed of The Grandees of the Parliament and Army when the Houses are called and full have resolved to draw their Forces nearer about the Towne and by that terrour to try the temper of the Houses such Members as will not comply with them they will with fresh Charges purge out of the Houses and publish base and infamous scandalls against them to which if they submit with silence they betray their reputations for ever and spare the credits of their jugling enemies If they make any defence for their honours by way of apology they shall be brought within the compasse of this devouring enslaving Ordinance as men that reproach the Parliament and their proceedings Thus the same whip shall hang over the shoulders of the Presbyterian party who wil not agree to King-deposing Anarchy Schism as it did formerly over the Kings party And the Presbyterians shall be squeezed into the Independents coffers as formerly the King's party were so long as they had any thing to lose for the whole earth is little enough for these Saints who are never satisfied with money and bloud although they never looke towards Heaven but through the spectacles of this world The old elogium and character of the English Nation was that they were Hilaris gens cui libera mens libera lingua But now Country-men your tongues are in the stocks your bodies in every gaole your souls in the darke and estates in the mercy of those that have no mercy and at the discretion of those that have no discretion Farewell English Liberty 90 90. Generall Conclusions Out of these Premises I shall draw these Conclusions following 1 1. The Grandees have subverted the fundamentall Government of the Kingdome and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the mysteries and secrets of Government both by Kings and Parliaments before the vulgar like pearle before swine and have taught both the Souldiery and people to looke so far into them as to ravell back all Governments to the first principles of nature he that shakes fundamentalls means to take down the fabrick Nor have they been carefull to save the materialls for posterity What these negative Statists will set up in the room of these ruined buildings doth not appeare only I will say they have made the people thereby so curâ—â—us and so arrogant that they wil never find humility enough to submit to a Civill rule their ayme therefore from the beginning was to rule them by the power of the Sword a military Aristocracie or Olgarchy as now they do Amongst the aincient Romans Tentare Arcana Imperii to profane the mysteries of State was Treason because there can be no forme of Government without its proper mysteries which are no longer mysteries then while they are concealed Ignorance and admiration arising from Ignorance are the parents of civil devotion and obedience though not of Theologicall 2 2. They have subverted the Church 2. Nor have these Grandees and their party in the Synode dealt more kindly with the Church then with the Common-wealth whose reverend Mysteries their Pulpits and holy Sacraments and all the functions of the Ministery are by their connivence prophaned by the clouted shooe the basest and lowest of the people making themselves Priests and with a blind distempered zeal Preaching such Doctrine as their private Spirits spirits of illusion dictate to them But let them know that their burning zeal without knowledge is like hell-fire without light Yet the greatest wonder of all is The Sacrament of the Lords Supper discontinued and why That they suffer the Lords Supper that Sacrament of Corroboration to be so much neglected in almost all the Churches in the Kingdome Is it because men usually before they receive our Saviour that blessed guest sweep the house cleane casting out of their hearts those living Temples of the holy Ghost Pride Ambition Covetousnesse Envy Hatred Malice and all other unclean Spirits to make fit roome to entertaine Jesus that prince of peace whereby the people having their mindes prepared for Peace Charity and Reconciliation may happily spoile the trade of our Grandees who can no longer maintaine their usurped dominion over them then they can keep them disunited with quarrels and feudes and uphold those Badges of factions and tearmes of distinction and separation Cavaleers Round-heades Malignants Well-affected Presbyterians and Indedendents or is it because they fear if the Church were setled in peace unity it would be a means to unite the Common-wealth as a quiet cheerfull minde often cureth a distempered body I will not take upon me to judge another mans servant but many suspect this is done out of designe not out of peevishnesse 3. That these Grandees governe by power 3 3. The Grandees rule by the arbytrary power of the Sword not by the Lawes not by loâ—â— and the the Lawes of the Land which was my last assertion appears by 1. The many Garrisons they keep up and numerous Army they keep in pay to over-power the whole Kingdome more then at first the Parliament Voted 2. Their compelling the Parliament to put the whole Militia of England and Jreland by Land Sea into the power of Sir Tho Fairfax and their party 3. Nor do they think the Laws of the Land extensive enough for their purposes therefore they piece them out with Arbitrary Ordinances Impeachments before the Lords and Marshall Law which is now grown to that height that the Councell of War Generall and judge Advocate of the Army doe usually send forth instructions to stay suites and release