of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
lies if not answered did from their several and respective Counties as also in the Cities of London and Westminster declare The Gentry declare that they were far from any thoughts of revenge it belonging to God alone alluding to that text of Scripture Vengeance is mine I will repay saith the Lord but as for Justice they would acquiesce in the judgment of the approaching Parliament This being done and the whole Parliament at the appointed time The Parliament begins beginning first with their duty to God they follow that golden Pythagorean rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving him hearty thanks for that their freedome of meeting which when they had cordially done they fell in order to their Governour First They fear God then honour the King As the same Pythagoras goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Heathen we see by the meer light of Nature could dictate that which our Grand Enthusiasts of Religion would not for these many years by the ignis fatuus of their new lighted notion walk after But the Parliament were better principled for after their devotions regularly paid to God they in the very next place own their duty to their Prince upon the first day of May a happy day to be remembred to posterity voting the Government to be by King Kingly government voted Lords and Commons a constitution so incomparably mixed that it may rather be admired then envied neither were they satisfied to rest there but on the Eighth day of the same May caused his Majesty to be proclaimed King of England King proclaimed Scotland France and Ireland which was performed with so much Solemnity and Joy as I presume England I dare say hardly any Kingdome in the World ever saw or were sensible of the like the shouts and acclamations of the pleased people rending the very skies as a token of their extraordinary Thankfulnesse to Heaven and at night by the multitude of their bonfires turning the Darknesse into a kind of lightsome day This hapy beginning thus owned by the general consent of all honest men made the Parliament resolute to prosecute their begun endeavours which the more orderly to do for order befitteth men best both as Subjects and Christians they immediately prepared Commissioners Commissioners sent to the King who were persons choyce for their integrity and wisedome like those heads of the children of Issachar which were men that had understanding of the times to know what Israel ought to do being intrusted to wait on his Majesty and to desire him to come to his Parliament and People with all convenient speed Before whose arrival his Majesty had withdrawn himself from Bruxels not upon any account as was by the ignorant and malicious insinuated but out of a design of safe guard to his own sacred Person as knowing those two principles of the Romanists si violandum est jus Regni causa violandum est and nulla fides servanda est haereticis might prove dangerous if not fatal to his interest as affairs then stood He well remembred Richard the first his case sirnamed Caeur-du-Lion and what his detention once cost England and therefore had no reason to cast himself into the like hazard Therefore having discharged all Accounts whatsosoever at Bruxels he as I said removes his Court to Breda As that first he might hold the more certain and quick intelligence with his friends in England where there hardly wanted any thing to complete his Restoration and the Kingdomes satisfaction but his Personal presence so in the second place he there knew himself safe being within the jurisdiction of his beloved sister the Princesse Royal Mary Princesse of Orange King at Breda whose tender love and zeal to him in his affliction deserves to be written in brasse and graven with the point of a Diamond During the time of his residence there to shew himself to be a second Solomon a Prince of Peace and not onely so but the most pious and merciful of Princes who was wise as a Serpent yet innocent as a Dove by the Honourable the Lord Viscount Mordant and Sir Richard Grenvile since by his Majesties special grace created Earl of Bath Gentleman of his Majesties Bedchamber He sent a most gracious Declaration with respective Letters to the Lords to the Commons to the City and to the Army Whetein His Majesties Declaration layes Independency dead His Majesty first offers a Pardon for all miscarriages and misdemeanors against his Father or himself to all persons such onely excepted as shall be excepted by the Parliament promising likewise securitie to all whose guilt might otherwise endanger them so as they laid hold on his Majesties Pardon within 40. dayes after the publication thereof 2. He refers the purchasers of Kings Queens and Bishops Lands to Justice to the Law and to the Parliament 3. He assures the Souldiery of their Arrears for past services although done against him and of incouragement and pay for the future under him This Declaration was received with no ordinary joy and solemnity the messenger Sr. Iohn Greenvil being rewarded with 500. pounds ro buy him a Jewell and upon reading thereof and a conference had with the Lords who had now reassumed their Native right by taking their places in the higher House they agree unanimously each in their several house That a Letter be sent in answer to his Majesties gracious Letter and Declaration superscribed To his most Excellent Majestie which were since more immediately drawn up and sent by Commissioners before prepared as is already mentioned sixe from each House who were in the name of both Houses 1. To give his Majesty most humble and hearty thanks for his gracious Letter and Declaration 2. To desire his Majesty to return to the exercise of his Regal Office and come to his Parliament and people with all speed possible And thirdly to that purpose to desire him to appoint a place for the Navy to attend him the Commissioners that went from the house of Peeres were these The Earl of Oxford Earl of VVarwick Earl of Middlesex Lord Brook Lord Berckley Commissioners names that went to the King Lord Visc Hereford Of the House of Commons were selected these following Lord Charleton Lord Bruce Lord Falkland Lord Mandevile Lord Herbert Lord Fairefax Sir George Booth Sir Iohn Holland Sir Antho. Ashly-Cooper Sir Horatio Townsend Sir Henry Cholmly Mr. Hollis The City of London having also received the like Letters and Declarations the Lord Mayor Aldermen and Common-Council appoint a loyal and humble answer to be returned wherein they give his Majesty thanks for his tender care grace and favour to their ancient and renowned City which was sent by these worthy Gentlemen For the City of London Alderman Adams Recorder VVilde Alderman Robinson Alderman Bateman Theophilus Biddolph Richard Ford Alderman Vincent Alderman Frederick Alderman VVale John Lewis Esquire William Bateman Esq Alderman Bludworth Major
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
THE COMPLEAT HISTORY OF Independencie UPON THE PARLIAMENT Begun 1640. By CLEM. WALKER Esq Continued till this present year 1660. which fourth Part was never before published Horat. Spe Metuque procul LONDON Printed for Iohn Wiliams at the Crown in St. Paul's Church-yard 1661. RELATIONS AND OBSERVATIONS HISTORICAL and POLITICK upon the PARLIAMENT begun Anno Dom. 1640. Divided into II. Books 1. The Mystery of the two Junto's Presbyterian and Independent 2. The History of Independency c. TOGETHER WITH An APPENDIX touching the Proceedings of the Independent Faction in SCOTLAND POLIB Historici est Ne quid falsi audeat dicere Ne quid veri non audeat HORAT Spe metuque procul Printed in the Year 1648. To my dread Soveraign Royal Sir YOU have Drunk deep in the Cup of Affliction and we have all Pledged you it is wholsome though bitter but let us pray to God to remove this Cup in time for the dregs and lees are poyson You have learned by over-winding the strings of Authority how to tune the People of this Monarchy without breaking their Patience hereafter Most Princes desire unlimited power which is a Sail too great for any Vessel of Mortality to bear though it be never so well Ballasted with Justice Wisdome Moderation and Piety yet one flarb or other will endanger the over-setting it Those Commonwealths are most stable and pleasing where the State is so mixed that every man according to his degree and capacity hath some interest therein to content him The KING Sovereign Command and Power The Nobility and Gentry a derivative Authority and Magistracy and all enjoy their Laws Liberties and Properties God hath cursed him that removeth the Bound-marks of his neighbour this is a comprehensive curse Kings enlarging their Prerogatives beyond their limits are not excepted from it You may be pleas'd to take heed therefore of two sorts of men most likely to mis-lead you in this point Ambitious Lawyers who teach the Law to speak not what the Legislators meant but what you shall seem to desire To avoyd this snare suffer your Parliament to nominate 3. men for every Judges place out of which you may please to choose one as in pricking of Sheriffs For it is the people that are obnoxious to their wickedness you are above the reach of their malice The second sort is Parasitical Divines These Ear-wigs are alwayes hovering in Princes Courts hanging in their ears They take upon them to make Princes beholding to their violent wresting of the Text to bestow upon them whatever Prerogative the Kings of Juda or Israel used or usurped as if the judicials of Moses were appointed by God for all Common-wealths all Kings as a good Bishoprick or Living is fit for every Priest that can catch it These men having their best hopes of preferment from Princes make Divinity to be but Organon Politicum an instrument of Government and harden the hearts of Princes Pharaoh-like Kings delight to be tickled by such venerable warrantable flattery Sir you have more means to prefer them than other men therefore they apply themselves more to you than other men do Tu facis hunc Dominum te facit ille Deum The King makes the poor Priest a Lord and rather than he will be behind with the King in courtesie he will flatter him above the condition of a Mortal and make him a God Royal. Sir permit me to give you this Antidote against this poyson let an Act be past That all such Divines as either by Preaching Writing or discoursing shall advance your Prerogative and Power above the known Laws and Liberties of the Land forfeit all his Ecclesiastical preferments ipso facto and be incapable ever after and for ever banished your Court. But above all learn to trust in your Judgment Plus aliis de te quà m tu tibi credere noli God hath enabled you to remember things past to observe things present and by comparing them together to conjecture things to come which are the three parts of Wisdom that will much honor and advantage you God keep your Majesty so prayes Your humble Subject THEOPH VERAX To his Excellency Sir THOMAS FAIRFAX and the ARMY under his Command MY Lord and Gentlemen I have here by way of Preparation laid open to your view those Vlcers which you have undertaken to cure viz. The 2 Factions in Parliament Authors of Schismes and Divisions in the two Houses from whence they are derived to the whole Kingdome to the obstructing of justice and of the establishment of our Laws Rights Liberties and Peace the enslaving of the Parliament it self and the dilapidating of the Publick Treasure whereby the whole Kingdom may be enfranchised secured and united and the King and his Posterity setled in His due Rights which is the sum of all your undertakings in your many reiterated Papers I confess a Herculean labour and far beyond his clensing of the Augaean Stable That was performed by an Arm of flesh this cannot be effected without an extraordinary calling for ordinary calling thereto you have none and God seldome blesseth a man out of his calling and though an heroick heat and zeal may go far yet it will tire many miles on this side the work unless it be blown and inspired with divine breath And as Alchymists say of the Philosophers Stone so I of this work which is the Philosophers Stone in our English Politicks it cannot be effected but by a man of wonderfull and unspotted Integrity and Innocency free from all Fraud Self-seeking and Partiality In order to this great work you have already begun to sift and winnow the House of commons by charging 11 Presbyterian Grandees who if they be proved guilty must needs have their counterpanes equally faulty even to a syllable in the opposite Junto of Independents for when two factions shall conspire to toss keep up the golden ball of Government Profit Preferment between them neither can be innocent unless therefore you apply your corrosive to one Vlcer as well as the other you will never work a compleat cure nor will be free from scandal and appearance of faction or design that I may use your own words to weaken onely one party under the notion of unjust or oppressive that you may advance another more than your own Representation p. 6. sect 2. Besides it is observed that you speak but coldly to have the publick accounts of the Kingdom Stated putting it off with a wish only as if you did secretly fear what the Presbyterians openly say That the Independents are guilty of more Millions than their party your own words are p. 14. sect 7. We could wish the Kingdom might both be righted publickly satisfied in point of Accounts for the vast sums that have been Leavied as also for many other things c. But we are loath to press any thing that may lengthen dispute Are so many Millions to be cursorily passed over without dispute were they not the
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 unreasonableness of this way of proceeding was much urged and farther alleged 47. Debate upon passing the Committee of Secret examinations 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 privilege 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 pass Breach of Privilege and all other considerations are easily swallowed when they are subservient to their present designs 48. The manner of prosecution proceeding upon the Tumult The party engaged were resolved to be Examiners Informers and Witnesses as well as Parties so active was their malice and had so well packed their Cards that eight or nine Schismatical 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 49. Miles Corbet makes report of Examinations taken at the Close Committee First against the Committee of Safety In order to the playing of this game Miles Corbet Interpreter to the State-puppet play behind the curtain commonly called The Close Committee of Examinations upon the 3. September 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 further said he would suppress the names of many of his Witnesses because the Depositions he should report were but preparatory 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 Earls of Pembroke Suffolk Middlesex Lincoln Lord Willoughby of Parham Maynard Mr. Hollis Sir Phi. Stapleton Sir Will. Waller Mr. Long Mr. Nichols Sir William Lewis Mr. Baynton Against Master Baynton Next Corbet reported he had a Witness who deposed that a Gentleman with a Red head had signed many Warrants supposed to be Master Edward Baynton at length after much wyer-drawing of the business one Warrant was shewn to Master Baynton which he confessed to be his hand And presently Haslerig moved that Master Baynton might forthwith Answer against which was objected That since these were but preparatory Examinations not legal proofs no man was bound to Answer them otherwise a man shall be but to as many several answers as several new matters of Charge come in against him and shall day by day be liable to new vexations and never know when he hath cleared himself But Corbet who of an examiner was now become the Kings Solicitor or Advocate Criminal moved to proceed to Judgement against him but first to aske him some preparatory questions But it was answered that it was illegal to squeese examinations out of a mans own mouth neither was a man bound to answer where his words may condemn but not absolve him for so much as depends upon the testimony of Witnesses against this Gentleman you cannot proceed unless he be by and have liberty to put cross questions to the Witnesses It is alleged Warrants were signed and all done in relation to a new War It is answered it was done in order to Self-defence allowed by the Laws 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 Hair and for signing the Warrant confessed by himself he is acquitted by the Proviso of the Ordinance 20 August last which excepted only such as acted upon the force but when the Committee of Safety was revived the Parliament was freer from force than it is now 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 of Sept. Corbet reported he had a Witness but named him not Against Mr. Walker 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 door and whispered some of the Apprentices in the ear and encouraged them supposed to be Mr. Walker Mr. Walker denyed he spake then with any man in the Lobby or saw any face that he knew there and so neglected the business as a thing not considerable But the next day Corbet moved that Mr. Walker might be ordered to put on his Gray suit again and appear before the Close Committee and the Witness who saith he knoweth him again if he see him I hear Mr. Walker desired to know seeing the Witness 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 appliable might be put to that test as well as himself but single him out for a mark to shoot at complaining that he was not ignorant out of what quiver this Arrow came he had been 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 loudest words he was able to speak could not be heard Then Corbet changed his Tale saying the words were What you do do quickly and were spoken aloud and said the
Principles for which the Parliament so often declared in print that they fought and for defence whereof they had entered into a covenant with their hands lifted up to God the other two principles were Religion and Lâ—berties 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 ask questions in doubtfull points nor can they be Judges in their own cases 2. They have sworn Jurors of the Neighbourhood for matter of fact whom they may challenge 3. The known Laws and Statutes for Rules to judg by which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason And if you could to do it Ex post facto is contraty to all rules of justice The Apostle saith sin is a breach of a Commandment or Law I had not known sin but by the Law the Law therefore must 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 Chancery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryal 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 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 charm a deaf Adder 52. Arguments proving the Lords to have no power of Judicature over the Commons the nine or ten engaged Lords that then possessed the House were thought to be fitter than a Jury of Middlesex to make work for the hang-man and yet they have no Judicature over the Commons as appears by the President of Sir Simon de Berisford William Talboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued than 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 Royal quarrel and his Laws subversion Lieutenant Col. Lilburn'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 Feb. 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 connusance and therefore an extraordinary way of proceeding before the Lords was requisit and by the Kings special authority it was done without which I dare boldly affirm the Lords have no Judicature at all which thus I make appear 1. The King by delivering the Great Seal to the Lord Keeper 53. The House of Peers no Court of Judicature at all properly and per se makes him Keeper of his conscience for matter of equity By His Brevia patentia to the Judges of the two Benehes and the Exchequer the King makes them administrators and interpreters of his Laws But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases And though the Lord Keeper is Speaker of the Lords House of course 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 Peer 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 tryed by his Peers only because in acts of judicature there must be a Judge Superior who must have his inferiors ministerial to him therefore in the trial of the Earl of Strafford as in all other trials 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 Chancery 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 without the Kings special Authority granted to them either by his Writ or his Commission and the Lords by their four Votes having denied all further address or application to the King have cut off from themselves that fountain from which they derived all their power and all trials by Commission must be upon Bills or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designs of a restless impetuous faction Had the Faction had but so much wit as to try the 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 trials of Commissioners were Authorised by the King upon the special 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-Poulders hath 54. Blank Impeachments dormant But this way of tryal 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 suits ready made to fit every body was the apter means to bring men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation than their nature is usually acquainted with and to fright away at least put to silence the rest of the Members with fear of having their names put in 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 General this Prologue to the Hang-man that looks more like a Hang-man than the Hang-man himself hath since gotten a
rich office of Register of the Chancery as a reward for his double diligence Oh Sergeant Wild and Mr. Steel despair not of a reward Friday 27 Sep. t the advice of Sir Thomas Fairfax and his Council of War was read in the House of Commons 55. Establishment for the Army What standing forces they ought to keep up in England and Wales and what Garrisons also what forces to send for Ireland namely for Ireland 6000 foot and 2400 horse out of the supernumerary loose forces being no part of the Army and for England upon established pay 18000 foot at 8 d. per diem 7200 horse at 2 s. per diem each Trooper 1000 Dragoons and 200 Fire locks Train of Artillery Arms and Ammunition to be supplied The foot to be kept in Garrisons yet so that 6000 may be readily drawn into the Field The Independent party argued that the Army were unwilling to go for Ireland pretending their engagement to the contrary If you divide or disband any part of your Army they will suspect you have taken up your old resolution against them to disband the whole Army it is now no time to discontent them when the Kings Answers to your Propositions tend to divide you and your Army and the people are generally disaffected to you The Presbyterian Party argued that the engagement of the Army ought to be no rule to the Counsels of the Parliament otherwise new engagements every day may prescribe the Parliament new Rules we must look two wayes 1 Upon the people unable to bear the burthen 2. Upon the Army Let us keep some power in our own hands and not descend so far below the dignity of a Parliament as to put all into the hands of the General and his Council of War You have almost given away all already The Army adviseth you to keep up your Garrisons then upon mature deliberation this House formerly Voted you have already made Garrisons manned with gallant and faithfull men to whom you owe Arrears to remove them and place new Souldiers in their rooms will neither please them nor the places wheâ—e they are quartered who being acquainted with their old guests will not willingly receive new in their rooms These men have done you as good and faithfull service as any in the Army and were ready to obey you and go for Ireland had they not been hindered by those who under pretence of an engagement to the contrary which they mutinously entred into will neither obey you nor go for Ireland nor suffer others to go Though you discharge these men without paying their Arrears which others of â—ther principles will not endure yet give them good words If you will be served by none but such as are of your new principles yet consider your Army are not all alike principled and peradventure the old principles may be as good as the new for publick though not so fit for private designs and purposes You have passed an Ordinance That none that have born Arms against the Parliament shall be imployed if you disband all such your Army will be very thin many have entred into pay there in order to do the King service and bring the Parliament low There is no reason you should keep up 1400 horse more than you last voted to keep up being but 5800 at which time 60000 l. a Month was thought an establishment sufficient both for England and Ireland But now the whole charge of England and Ireland will amount to 114000 l. a month which must be raised upon the people either directly and oâ—enly by way of sessement or indirectly and closely partly by sessements partly by free-quarter other devices nor will the pay of 2 s. per diem to each Trooper and 8 d. to each foot Souldier enable them to pay their quarters If you mean to govern by the Sword your Army is too little if by the Laws and justice of the Land and love of the people your Army is too great you can never pay them which will occasion mutinies in the Army and ruine to the Country Thus disputed the Presbyterians but to no purpose it was carried against them Observe that when the War was at the highest the monthly tax came but to 54000 l. yet had we then the Earl of Essex's Army Sir William Waller's My Lord of Denbigh's M. Gen. Poyntz's M. Gen. Massey's Maj. Gen. Laughorn's Sir William Brereton's Sir Th. Middleton's Brigades and other forces in the field besides Garrisons But now this Army hath 60000 l. a month 56. Monthly taxes and 20000 l. a month more pretended for Ireland which running all through the fingers of the Committee of the Army That Kingdom which is purposely kept in a starving condition to break the Lo. Inchequins Army 57. Ireland why kept in a starving condition that Ireland may be a receptacle for the Saints against England spews them forth hath nothing but the envy of it the sole benefit going to this Army This 20000 l. a month being a secret unknown to the common Souldiers the Grandees of the Army put it in their own purses Moreover this Army hath still a kind of free quarter under colour of lodging fire and candle for who sees not that these masterless guests upon that interest continued in our houses do and will become Masters of all the rest and who dares ask money for quarter of them or accept it when it is colourably offered without fear of farther harm besides the Army whose requests are now become Commands demanded that they might have the leavying of this Tax and that their accounts might be audited at the Head-quarters and though the Officers of this Army to catch the peoples affections encouraged them often to Petion the Houses against Free-quarter pretending they would forbear it after an establishment setled upon them the use their party in the House made of these Petitions was to move for an Addition of 20000 l. or 30000 l. a month and then they should pay their quarters lodging fire and candle nay stable-room too excepted Here it is not amiss to insert a word or two of this villanous oppression Free-quarter 58. Free-quarter whereby we are reduced to the condition of conquered Slaves no man being Master of his own Family but living like Bond-slaves in their own Houses under these Aegyptian Task-masters who are spies and intelligencers upon our words and deeds so that every mans table is become a snare to him In the third year of King CHARLS the Lords and Commons in their Petition of Right when not above 2000. or 3000. Souldiers were thinly quartered upon the people but for a month or two complained thereof to his Majesty as a great grievance contrary to the Laws and Customes of the Realm and humbly prayed as their right and Liberty according to the Laws and Statutes of this Kingdom that he would remove them and that his people might not be so burchened in time to come which his Majesty
should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
Orders of the House do permit were forced to be silent so the businesse was buried in silence I hear that some of the Lords called upon this businesse the Monday following being the 19 of June and that the Lord Wharton being asked why he did not impart Osburn's said Letters to the House Answered That as soon as he opened the said Letter he received from Osburn and saw his name at the bottom he looked upon the businesse as not considerable yet he sent the Letter to Hammond Upon Tuesday 20 June The Lords sent a Message to the Commons the first paper whereof concerned Osburns said Letters they desired that forty days might be assigned for Osburn to come and goe with safety to make good his information But Sir William Armine stood up and desired That the minutes of two Letters prepared to be sent into into Holland and Zealand concerning our Revolted ships might be first dispatched as being of present use And when the businesse was ended Mr. Pierpointe propounded another part of the said Message So Osburn's Information was left sine die for that time but since the Lords have quickned it and 40 days are given to Osburn to come and go with Freedom and Safety to make good his information who is come and avoucheth it and one Dowcett speaketh much in affirmation of a design of Rolfes to pistol the King Rolf presents himself at the Commons Bar with a Letter from Hammond which denies the Design and pleads Rolfes cause for him Rolf denied it at the Commons Bar with a trembling voice yet afterwards hid out of the way but being discovered upon search he was found to have a Byle upon him that disabled him from riding otherwise it is thought he would have fled far enough I do not hear that Hammond is yet sent for or questioned And for Osburn's indeavour to convey his Majestie from Carisbrook-Castle it is alledged he did it with a charitable intent to preserve his life and not of any disaffection to the Parliament to which he hath been affectionately serviceable Though many take offence at Master Walker as if his stirring of his businesse were onely to cast an aspersion upon the Army yet I conceive that what he did was commendable in discharge of the duty he owes to God his King and Country and of his trust as a Member of the Representative body of this Kingdom and in performance of the obligations which the Oath of Allegiance the Parliaments Protestation the National Covenant and the known Laws of the Land lay upon him which duty he was bound to perform though with the extremest hazard of his life and fortunes and though he may happily hope better things of this Army yet since neither the Laws of the Land nor common reason warrants him to presume upon his own private hopes and judgment things which often deceive the wisest men in matters of far lesse moment he could do no lesse than free his conscience by making the whole House Witnesses of the cleernesse of his actions and intentions Considering 1. The many high speeches and threats often used against the King in all places none excepted 2. The dangers the King escaped from this very Army which drove him from Hampton-Court to the Isle of Weight and may possibly pursue him thither 3. The Antimonarchical Principles wherewith many Members of this Army and their Chaplians and many elsewhere are seasoned who cannot govern this Kingdome at their pleasure by a military Olygarchy of Grandees of the Committee of Safety at Derby-house and the Army and so establish the Kingdom of the Saints nor yet bring it to their own levell but by taking off summa papaverum capita all that is high and eminent There is a Crowned Head in their way which must be removed 4. The corrupted fantasies of many Antimonarchical Schismaticks with Revelations and Raptures who serve the Devil for Gods sake making him the Author and the doing of his will the pretence of all their crimes and villanies 5. The many desperâ—te guilty persons that fear peace and are resolved now the Sword is out to burn the Scabbard These look upon the King with an evil eye as the Centre in whom all Interests must unite before we can have Peace Despair tempts these men to make one sin a degree and step to a higher These three last fort of men having cast off all fear of God will as easily contemn Gods substitute the King as he that casts off all reverence to the King will contemn his substitute a Constable 6. The continual endeavours of the Grandees of Derby-house and the Army to put all the Armes Garrisons Ships and Strengths of the Kingdom into the hands of Antimonarchical Schismatical Independents in order to which they are raising of new Forces and erecting new Garrisons in most Counties These men when they could not get a power from the House of Commons to raise what Forces they pleased for when it was moved they there ordered that no more motions should be made for raising new Forces but between the hours of ten and twelve yet what they could not get by their leave they now take without their leave the General granting Commissions for raising and listing Horse and Foot in almost all Counties for example Sir Hardresse Waller that one eyed Polyphemus of Pastebord lately sent forth Commissions in the County of Devon by virtue as his Commissions say of the power granted him from his Excellency for raising listing and training Horse and Foot which shall be no burden to the Country but be in pay with the rest of the army In these Commissions he stileth himself untruly Commander in cheif of all the forces of the five Western Associat Counties and gave authority and encouragement to the well affected that is to Independents Sectaries Antimonarchists and the more desperate forlorn sort of people to enter into and subscribe Engagements to live and die with the Army an imitation of the Members Engagement in defence of the Parliament that is of the ingaged faction of Independents Schismaticks and corrupt persons whom only the Army looks upon as the Parliament witnesse the Declaration of Sir Thomas Fairfax and his Council of War shewing the grounds of his advancing up to London This usurpation was complained of in the House of Commons Monday 19. June and prohibited then by Order 7. Peradventure the reason why this Letter was published so unseasonably in a thin House in so slight and surreptitious a way as aforesaid was in hope it would have been passed over in silence as it had like to have been and so the whole House should have been engaged in the crime if any such thing be intended as guilty of connivance and negligence though not as Actors guilty of the fact The main scope of this party hath ever been by Treaties of Accommodation uniting all Interests and other devices to involve others in their crimes to infect others with their diseases that all standing in need
That all the Arms and Garrisons of the Kingdom may be put into the hands of Antimonarchical Sectaries and the Militia of Godly Cut-throats established in every County towards the putting down of Monarchy and the erecting of the many-headed Tyranny of the Saints of Derby-house and the Army This Ordinance was commited 125. Letters uncharacterized a new invented net to catch Presbyterians in Tuesday 8 August Thomas Scot made report to the House of Commons of the private Letters brought out of Scotland by Master Haly-barton whereof I have formerly given you notice this Gentleman being a publique Messenger from the Kingdom of Scotland and not from Duke Hamilton or his Army whom only the House of Commons have declared Enemies without the concurrence of the Lords hath leave given him by the Lords to stay a Month in England yet the Commons have since Voted he shall be gone in twenty four hours or else he shall be sent home in Custody These Letters are most of them written in Characters yet this wel-gifted Brother Scot hath found out a New Light to Decipher them by and can tell by Inspiration or by Privilege of Parliament what Cypher or Character must signifie such a Letter of the Alphabet or such a mans name This engine added to the Schismatical High Commission or Committee of Clandestine Examinations is better than any spring or trap to catch any active Presbyterian that lies crosse to the design of the Godly They may suppose any mans name to lie hid under such or such Characters and Cyphers and so accuse him by virtue of this mysterious art of ayding or complying with the Scots or the Prince and pin whatsoever the Faction pleaseth to call Treason upon his sleeve these are the Arts of the Godly to make Innocency it self seem nocent and remove out of the way such as hinder the erecting the Kingdom of the Saints These Letters so decyphered were afterwards at a Conference reported to the Lords Wednesday 9 August 126. The City Petition answered The Answer to the City Petition the day before delivered to the House of Commons was reported to the House It was an Answer to some of the Prayers of that Petition only but gave no Answer to their desires for the Disbanding of all Armies to ease the people of their Burdens The restoring of the peoples Lawes and Liberties The enjoyning all Members to attend the House nor to the effectuall observation of the self-denying Ordinance this last is a noli me tangere if all Members should be enjoyned to be self-denying men there would be few Godly men left in the House How should the Saints possesse the good things of this world yet after some debate and divers expressions used by Weaver and Harvy That it appeared by the Petition that the City would desert the Parliament they gave an Answer to their desires concerning the union to be kept with Scotland and a Cessation of all acts of Hostility during the Treaty of Peace That they had Voted the Army under Duke Hamilton Enemies and Declared They would Act accordingly against them to which they would adhere Master Hugerford argued 127. The Commons debate to take away the Lords Negative voice and act without them That because the Lords had denyed to concur in the said Vote he conceived the House could make no such Declaration nor act therein without them This put the Zealous into a flame that any Member should argue against the Prâ—vileges of their House so far as to deny them to be Almighty singly and per se Reynolds the Lawyer positively affirming that the Houses of Commons being the Representative of all the People had power to Act without the Lords for safety of the people in case the Lords deserted their trust you see in this doctrine as it hath been already and is likely to be practised hereafter a ground layd to subvert the foundation of all Parliaments for ever and to bring all degrees of men to a parity or levell For the Parliament by all the known Laws of the Land consisting of 3. Estates 1. King 2. Lords And 3. Commons Two of the Estates viz. the Lords and Commons have already laid by the King and His Negative Voice and now the Commons debate of laying by the Lords and their Negative Voice because in their judgement they desert their Trust And so the Commons alone shall act as a Parliament without KING or Lords until falling into contempt and hatred of the people which will soon happen the Grandees of Derby-house and the Army shall take advantage to lay the House of Commons by and usurp the Kings supreme Governing Power the Parliaments Legislative Power yea and the Judges Judicative Power to themselves and establish the many-headed Kingdom Tyranny or Oligarchy of the Saints so much contended for in themselves O populum in servitutem paratum as Tyberius said of the Romans This is the tail of the Viper here lies his venom 128. Dead men Sequestred and the Sanctuary of the Grave violated Saturday 12 August A Message was sent to the Commons from the House of Lords in the behalf of Commissary Generall Copley who had bought and had a grant of the Wardship of the Heir of Sir William Hansby for which he paid Fine and Rent and was outed of it by a Sequestration laid upon Hansby's Estate after his death he having been never questioned for Delinquency during his life-time and this was maliciously done about the time when Master Copley was Imprisoned by the power of the Independent Faction whereof I have already said something Master Copley desired the Sequestration might be taken off and he permitted to enjoy his Contract made with the Court of Wards alleging that to Sequester or condemn a man after his death when he could not answer for himself was against the Laws of the Land even in the highest crimes of Felony and Treason and produced a President That the Committee of Lords and Commons for Sequestrations had taken off a Sequestration from the Lands of Andrew Wall for no other reason but because Andrew Wall was Sequestred after his death The case was diversly argued it was alleged that in cases of the highest Treason no man was condemned after death because he was not then in being to answer for himself there could be no proceeding in Law against a non ens In Felony if a man will stand mute he forfeits not his lands because there wants an Answer and yet it was his own fault not to answer The Parliament is bound by all their Declarations made both to KING and People and by the Nationall Covenant which contains all the first and just Principles of the Parliament to defend the Laws and Liberties of the Land and not to subvert them Take heed of giving so dangerous a President for Kings to act by hereafter against the People and against this Parliament and their friends since no man yet knows which way the tide may turn But
both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their own faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded therby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may pass through any form of Government to carry on their Design The Diurnall tells you there was not a Negative Voice this shews under what a terror they sit when in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speak true and yet the King no Prisoner of War was passed onely in the name and by the Authority of the Commons Notwithstanding the Order of the House That the Clerk should not deliver a Copy of the said Ordinance to any man I here present the Reader with a Copy thereof * An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England 59. The Act for Triall of the King VVHeras it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government Quaere Whether the Faction do not translate these Crimes from themselves to the King with many others and that besides all evil waies to bring His Design to pass He hath prosecuted it with fire and sword levied and maintained a Civill Warre in the Land against the Parliament and Kingdom whereby this Countrie hath been miserablie wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment Whereas also the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdom did forbear to proceed judicially against Him but found by sad experience that such their remissness served onely to encourage Him and His Complices in the continuance of their evil practices and raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas Ld. Fairfax Generall Oliver cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaas Pennington Alderman Thomas Atkins Ald Col. Rowland VVilson Sir Peter VVentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berkstead Col. Mat. Tomblinson Iohn Blackstone Esq Gilb Millington Esq Sir Will Cunstable Col Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Livesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburn Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Richard Dean Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Iohn Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Esq Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Esq Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Humph Edwards Esq Greg Clement Esq Iohn Fray Esq Tho Wogan Esq Sir Greg Norton Serj. Iohn Bradshaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Ald. Thomas Scot Alder. Tho Andrews Ald William Cawley Esq Abraham Burrell Esq Col Anthony Stapley Roger Gratwicke Esq Iohn Downs Esq Col. Thomas Horton Col. Tho Hammond Col. George Fenwick Serj. Robert Nichols Rohert Reynolds Esq Iohn Lisl Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn Weaver Eq. Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Esq Augustin Skinner Esq Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Brown Esq Iohn Lowry Esq Mr. Bradshaw nominated President Counsellors assistant to this Court and to draw up the Charge against the KING are Doctor Dorislau Master Steel Master Aske Master Cooke Serjeant Dandy Serjeant at Arms. Mr. Philips Clerk to the Court. Messengers and door-keepers are Master Walford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Judges for the hearing trying and Judging of the said Charles Stuart and the said Commissioners or any 20 or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit
Chamberlin Colonel Bromfield Sir James Bunce Bar. Alderman Langham Alderman Reinoldson Alderman Brown Sir Nicholas Crispe Alderman Tompson All these Letters were sent away but the first that arrived to his Majesties hand was from his Excellency the Lord General Monck who by the leave of the House sent the same by his brother in Law Sir Thomas Clergies who was as being the first beyond all expression welcome and after some long but not tedious conferences Knighted and at length dismissed with as much kindnesse as he was at first received with joy Commissioners how received by the King After whom arrived shortly all the forenamed Commissioners together with some of the Ministry and were received by his sacred Majesty his two illustrious brothers of York and Glocester and his sister of Orange with demonstrations of affections on both sides such as are not capable of a description by my rude pen for they were such as may be imagined onely not defined like the joyes of a condemned soul now at point to dy when suddenly and beyond expectation it is not onely snatcht out of the very jawes of death but mounted aloft into a seat of Honour how it is even overpressed with the overflux of such a sudden yet joyful change and stands extasied not knowing or at leâ—st not well discerning the realities of those violent emotions under the happinesse whereof it at present labours which surpassing joy grown over and they dismissed with abundance of satisfaction with all speed his Majesty according to the earnest request of his Parliament prepared for England his Royal brother the most illustrious Duke of York Lord high Admiral taking order for the Navy And in the way to the Sea-side his Majesty was honourably entertained by the States General at the Hague of whom having taken his leave and thanked them for their Treatment and Presents he proceeded in his journey During this time the Navy under the conduct of General Mountague was come to attend and wait on his Royal pleasure upon notice of which attended by the Princesse of Orange and her son and the Queen of Bohemia he comes aboard the Naseby Frigot The King comes aboard for England and lands at Dover by him then named the Charles and after a repast there parting with high satisfaction pleasure and content on both sides with his Royal and Princely attendants he lanched forth and quickly with a prosperous and safe gale of wind anuuente Coelo came within two leagues of Dover Monck meets him a place formerly not so infamous for receiving the Barons in their rebellious wars against the King and harbouring Lewis of France as now it was famous for its loyalty in the joyful reception of its lawful Soveraign when he was come thither he sends Post for the General being resolved not to set foot on English ground till he came thither who upon the first hearing of that happy news presently took Post to meet him having before taken care for Pallaces to entertain him and left order for several Regiments of Horse to attend him for his Majesties security Providing with valor against open enemies and with prudence against pretended and basely false friends which being performed according to Order His Excellency waites upon his Majesty at Dover He is no sooner come thirher but upon knowledge thereof the King Landed at whose Honored feet in the most humble posture of a Loyal Subject on his Knees Our Great General presents himself and was received and imbraced by his Majesty in the open armes of an endeared mercy with so much affection as might well manifest the great respect the King bore to his high deserts for to shew that his embrace was signal and far from a meer complement he went nearer and kissed him No endearment is ever thought too great where there is grounded Love neither rested he there but like a true friend and lover indeed takes a delight in his society for the more clear demonstration whereof to all the world he took him with his two Brothers the Dukes of York and Glocester into his Coach with him to Dover aforesaid KINGS journey to London and the manner of it where after a dutiful acknowledgment from the Magistrates there and solemn though short entertainment he rid to the City of Canterbury so famed for her Arch-bishops Sea his Majesty being in the middle between his two brothers and the Duke of Buckingham and the General riding bare before him In this Equipage with the whole Gentry and Nobility of England attending and thousands of the meaner ranke he arrived as I said at Canterbury being met by the Magâ—stracy in their richest habiliments of Honour and by the Ministry of the place who after a grave Speech and hearty Gratulation presented him with a rich Bible as He was Defender of the True Faith and afterwards with a Golden Boul full of Gold rendring it as a Tribute to him to whom Tribute was due From Canterbury where he rested all Sunday and gave thanks to God his Father and mighty Deliverer On Munday he came to Cobham-Hall in Kent a House belonging to the Duke of Richmond but without any stay there passed on the same night to Rochester from whence on Tuesday May the 29. the day of the week which was fatal for the murther of his Royal Father but happy to himself not onely for his Birth but also for giving the first hopes of his long wished and prayed for return by the Vote of the Parliament on Tuesday the 1. of May and his being proclaimed nemine contradicente on Tuesday the 8. of May. I say on that day attended by the Duke of Buckingham the Earle of North-hampton the Earle of Cleaveland the Earle of Norwich the Earle of Shrewesbury and many others with their several respective Troops of the choyce Nobles and Gentry of the Land and his Excellency with many Regiments of his best Horse the Lord Gerard with the choyce Life-guard and the whole Countrey flocking in cutting down Palmes and strowing the wayes with all sorts of Fragrant Flowers and decking the Lanes and Passage with the greatest variety of Country Pomps Garlands beset with Rings Ribands and the like the Air ecchoing all along and redoubling the perpetually iterated Hosanna's He came to London The Metropolis of his Kingdome whose preparations were no lesse sumptuous then joyful making a short stay onely at Black-heath a place many yeares since and more then once noted and remembred for the tumultuous assemblies of several Rebels but now much more famous for the united Congregation of the whole Kingdomes Loyalty from hence about n on order was given for a speedy march to London in which Major General Broun did lead the Van with a compleat Troop of Gentlemen all in cloth of Silver Doublets Alderman Robinson followed him with an other select company the severall Lords came after with their respective Troops then came the Life-Guard After the Marshals and Heralds with some antient Lords
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the
the Independent Faction whose interest it is to keep themselves rich and all men else poor argued the case meerly upon point of profit and conveniency and neglected the right and jus of the businesse They alleged That men of desperate resolutions would not reward the losse of their own lives so as they might preserve their Wives and Children That the State as they pleased to stile it would lose much by such an example they could not therefore approve of the lenity of the Lords and Commons used in Walls case many had been Sequestred after death and so arguing à facto ad jus alleged that in case of Monopolies satisfaction had been awarded out of dead mens Estates But they forgot that out of Sequestrations no satisfaction is given to the parties wronged the Committees and Sequestrators imbezelling the profits of them to increase their own gains not bestowing them to repair injured mens losses and so the equity upon which this President is founded faileth in case of Sequestrations Thus you see these greedy Canibal Saints like the hungry dogs that ate Jesabel will devour carrion or any thing that will make them fat and full yet they declared They were willing this Sequestration should be bestowed upon Master Copley as a Gratuity not as a Right for fear of the example Observe that if Master Copley had waived his Title by Composition and accepted this Wardship as a Gift they would presently have published it in their News books and Gilbert Mabbot should have proclaimed to all the world that Presbyterians and Independents might be thought alike guilty of impoverishing the Kingdom for the Faction labours nothing more than to have Companions in their sins and shames At last it was passed That Mr. Copley should have the Wardship restored to him but great care taken it should not be drawn into example hereafter that a man may not be Sequestred for Delinquency after his death Cavete vobis mortui atque sepulti dead mens graves are not secure from these Lycanthropi these Lou-garons 129. The Messengers to the King Report their Message in the House of Commons Monday 14. August Master Bulkeley in the name of himself and his fellow-Commissioner Sir I. Hippesly sent to the King to acquaint him with the Vote of the two Houses That they desired a Treaty with the King upon the Propositions of Hampton-Court in what place of the Island of Wight He should think fit and that the Treaty shall be with Honour Freedom and Safety to His Majesty Reported to the House of Commons all the circumstances and emergencies of their imployment the Kings Letter of Answer being carried to the Lords by the Earl of Middlesex and therefore not delivered to the Commons for the present which with much candor were related as followeth That the KING bad them welcom saying they came about a welcom businesse PEACE which no man desired with more earnestnesse than Himself and if there did not ensue a Peace the fault should not lie at his dore and that He feared no obstructions from any but those who gained by the War He farther said that His Majesty desired immediatly after the delivery of the Votes to speak a word with them in private which they modestly excused for want of Commission That about two days after his Majesty seeing the said Commissioners of the Parliament standing in the Presence Chamber first beckoned the Earl of Middlesex to him and had some short discourse singly with him and then with Sir John Hippesly and Master Bulkeley one after another These three Gentlemen afterwards comparing their notes found the Kings discourse to every of them to be all to one effect viz. Expressing His desires of a good peace and importuning them to do all good Offices conducing thereto He farther related that when they took leave of His Majesty He delivered His Answer in writng to them unsealed telling them He doubted not their fidelity though ill use had been made of His last Answer which he sent open it having been debated in private and a prejudice put upon it before it was presented to the Houses This free and unpartial Report shewing how earnest his Majesty is for Peace did the King so much Right that the Antimonarchical Faction looked upon it as done to their wrong and Herbert Morley presently spit out his Venom to this purpose Mr. Speaker These Gentlemen have delivered all to you but what they should deliver that is the Kings Answer which they have suffered first to be carried to the Lords they might have delivered you at least a Copy thereof it should seem Morley had forgot that the House proceeds not upon Copies My motion is that since these Gentlemen have exceeded their Commission by conferring privatly with the King the House may do well either to question them therefore or give them an Act of Oblivion for their good service This was cried upon a long time by the whole kennell of the Faction and at last put off till the next day when the Lords sending down the Kings Letter the House should have the whole businesse before them The next day being Tuesday 15. August 130. The aforesaid Messengers again the Kings aforesaid Letter of Answer with divers Votes thereupon were sent down from the Lords to the House of Commons when presently the Beagles of the Faction spent their mouths freely against the said Commissioners again for lending the KING the civility of an eare in private as abovesaid After a long debate at last this Objection stopped the Mouths of Malice it self That if these Gentlemen had reported an aversnesse in the King to Peace and aggravated His Words as other Messengers had formerly done whereof the King seem'd to complain it would have proved a welcome discovery and have been rewarded with Thanks instead of an Act of Oblivion So with much adoe Thanks were given to the said Gentlemen with approbation of their proceedings The same day the Militia of London were called into the House of Commons 131. The Militia of London Concerning private Listing by Skippon and the Militia of the City where Alderman Gybs in the name of the Common-Council and Militia not by Petition but in a set Speech delivered the fears and jealousies of the City even of the gravest wisest and best affected occasioned by Skippon's underhand Listing of Schismaticks Antimonarchists his setting up thereby a power against a power to the endangering of a civil War within the Bowels of the City weakning of the Trained Bands deboshing Servants from their Masters Children from their Parents That under colour of Skippon's private Listings other private Listings were carried on by Malignants the Magistrates of the City not being able to question either and distingush one from the other That fear was a violent passion and was now grown so universal that the Common Council knew not how to give satisfaction therein the Citizens usually clamouring that if the Houses did not give them leave to look to
was no Traitor either to King or Country save only to Argile The Earl of Airly having his estate plundered and his House thrown down in revenge of an antient quarrel amongst their Predecessors for the Earl of Airly having some Lands in the Bray of Angus out of which Argile's men did many times drive Heards of Cattle Sheep and other Beasts for which the Lord Ogilbee could have no remedy these Thieves being protected by the Earl of Argile by advice of his Lawyers he did Charge the Earl of Argile that he should find surety not to maintain or protect such Out-lawes but before he could obtain the same he was obliged according to the custome of Scotland to give his Oath he did fear bodily harm from Argile which he was unwilling to do alleging it were only a Beastly harm that he did fear for if he would not protect those that did steal his poor mens Beasts he was nothing afraid of his body This tart Answer after an age must under colour of service to the State be so revenged The Gourdons divers of whom he betrayed under trust and under pretence of securing his Neces Portions that he was ingaged for possessing himself of Badinoch and Lochabar and plundring friends and foes indifferently in his marches too and fro and the inexhaustible treasure of the Scots Exchequer must allow him eleven or twelve thousand pound sterling for every Voyage whereas his Breechlesse Souldiery were well content with their Beef and Bannocks and such convenient plunder as the Country could afford these as I conceive were the most considerable Forces Montrosse ever had unlesse some that were through fear compelled to yield for the time so that the bloud-shed in Scotland by Montrosse and Macdonald do properly fall upon Argiles score no other under Heaven having occasioned both their out-breakings and all their partakers who did see no other way to be revenged on him that had made himself Master of all the Estate having made Argile's quarrel their own than by heaving at all under the specious pretext of the Kings interest which if God in mercy had not prevented they had almost effectuate through Argile's misgovernment wherein it is to be remarked that when he was overthrown by Montrosse in Lochaber the second of February 1645. many of his friends being killed and others taken he who would not release Culkettough for his Sons good service nor the Generals ingagement or the Committee of Estates desire you must not speak of Command for Master James Hamilton a faithful Minister of the Gospel who found more kindnesse from Culkettough than from this Canibal Covenanter is now content to release all to get a poor Company of his Country-men leaving the Godly Minister in cruel bondage whom Culkettough did release upon his Paroll and promise to send him a Boy that was forgot behind This religious Covenanter out of his pious care for the education of his Sister in the true Religion as he pretended did by His Majesties special favour overthrow the last will and Testament of his Mother-in-law by getting himself made Administrator in the room of him who was nominated therein whereby he got the Gentlewoman his Sisters whole patrimony into his hands but before he could prevail in this his Majesty did take special care that sufficient Surety should be given that the Will of the Dead should be truly performed by payment of their respective portions when they were Married and sufficient maintenance until they were Married the Elder whose Portion was Five thousand pound sterling is presently sent for and one thousand pound or thereby given to a Gentleman for his second Wife the rest there being a clause that if any of them should enter into Nunneries they should only have 300 l. sterling for all being kept so scarce of their due maintenance the Gentleman who was surety having advanced of his own above 1000 l. whereof he is not as yet repaid were seduced to go to Monasteries all save one who is now ready to enter through his neglect so this 12000 l. of his Sisters Portions with the ruine of their Souls to boot is a part of Argile's wel-made purchase The great care taken by the Earl of Morton for Argile's education and preservation both of his life from the crafty designs of a Step-mother and recovery of his almost ruined Estate was so wel requited that notwithstanding he hath the Earl of Morton's Daughter in his bed in open Parliament he spake what became him not both of that noble Lords Person and Estate only as he pretended out of his zeal to the welfare of the Kingdom whereas the truth is it was meerly out of his ambition to have that Honourable place conferred upon himself which was intended by his Majesty upon that noble Lord but finding His Majesty not inclinable that way the next assault was for one of his own name a man truly wel-deserving for to say better deserving than himself is no great praise and if his two much favouring of him do not stain his reputation worthy to be beloved Thus having shortly viewed Argile's religious carriage towards his Vassals and Tenants Parents Friends and Allyes Brother and Sisters Neighbours and fellow-Patriots let us take a short view of his Loyal carriage towards his Soveraign and his due observation of the Solemn League and Covenant with his covenanted Brethren of England and then let the impartial Reader judge whether he be not such as is affirmed in the proposition the greatest incendiary in the three Kingdoms It cannot be denied but His Maiesty as is mentioned before did confer many great and Princely favours upon him at the Earl of Morton's desire when he was Lord of Lorn such whereof as required confirmation were approved and ratified in Parliament His Majesty being present anno 1641. with the addition of the honour and title of Marquesse and a full Pension well paid ever since whoever want together with not only an act of oblivion but an approbation of all his tyrannical proceedings against the Athol men the Earl of Airely and others though not particularly mentioned yet as done in obedience of Orders from the Committee of Estates obtained by his own procurement therefore to be no further questioned The first endeavour in requital of these and many other Royal favours was the entring in conspiracy with certain his Confederates whom I forbear to name to transform the Kingdom of Scotland into a Free State like the Estates of Holland and because some truly noble Lords did abhor such a disloyal motion after so many Acts of favour witnessing to all Posterity his Royal bounty both to Church and State whereof these chief Conspirators tasted not a little he did at that time forbear not so much to prosecute his design as to conceal their Counsel from all these that had thoughts of Loyalty though most faithfull to the true Religion and their Countrey according to the Covenant The Irish Rebellion breaking out fearing his own stake if
which of the two he should take in hand but the constant assurance they had from Argile and those accursed Clergy-men that were bribed by Stephen Marshal That there was no fear of danger from Scotland in hast made them hasten to finish the enslaving of England and Wales and then they resolve to conquer Scotland which they conceive may be quickly done having Argile and his Faction so firm to them that although he would neither he nor his Partners dare revolt from them having received so much of their money lest they should reveal more than he desires should be known and as the Independents sent their Emissaries through all Counties and Corporations to get hands to Petitions for thanks to the House for their dethroning Votes so Argile and Marshal's Hirelings have been very active to get hands to Petitions in many Shires Corporations and Provincial Assemblies for hindering the engagement against the rebellious Army of Sectaries and the Independent Junto their Confederates whereas there is no intention against the Parliament or Body of England but to comply with all religious honest hearted and loyal Subjects who desire that His Majesty may be enlarged and brought to a Personal Treatie whereby Peace and Truth may be setled in the three Kingdoms their chief pretences being that Religion is not secured the Religion now established in Scotland was by Act of Parliament His Majesty present so well secured as the most religious Church-men and most skilfull Lawyers could devise if you have got New Lights and desire any other Religion to be established vindicate His Majesties Honour and put up your Petitions to Him in an orderly way and He may possibly vindicate you from the Yoke of Slavery which some of your tyrannizing Clergy desire to put upon you The next is a wonderfull increase of your fears by the great Trusts put upon such persons of whom you have just cause of jealousie to this Kingdom and the Cause of God though you do not speak plain your Pamphletters do and your Pulpit Incendiaries to some purpose you mean Duke Hamilton now General of the Forces des gned by the Kingdom and Parliament of Scotland for vindicating the Honour of the Nation and revenging His Majesties Captivity upon that perfidious rebellious Army of Sectaries and their adherents what he did before the subscribing of the Covenant ought not to be objected his moderation even then deserving the honour and love of his Country and since his subscribing malice it self cannot tax him that he hath done any thing contrary to his Covenant or his Country what Montrosse doth asperse him with that he hindred his intended invasion of Scotland and so consequently His Majesties Service none of those who stand for the Covenant who did think Montrosse an enemy to the Covenant and to his Country ought to object this to my Lord Duke whose tender care of the safety and welfare of his Country may evidently appear even in the relation of one of his most deadly enemies and whereas his good advice for moderation was misconstrued by Argile and his prevailing Faction on the one side as if he had done things contrary to the Covenant and by Montrosse and his Confederates at Court on the other side as if he had connived or been accessary to those violent courses against his Majesty which God knows he was not able at that time to hinder his intentions being still for Peace and such a Peace as might consist with the safety of Religion and His Majesties honour whereof he was very hopeful being confident of His Majesties propensnesse to Peace and the interest he had in His Majesties favour but the watchfull malice of his enemies and the enemies of Peace did cunningly prevent his going about so good a work making him Prisoner without His Majesties knowledg hindring by all means a meeting betwixt them knowing that his Majesties justice and the Dukes innocency would quickly make their calumnies to vanish what a sad imprisonment did he indure much heightned by the then impossibility of clearing his innocency to his Sovereign the losse of whose favour would be more bitter than a thousand deaths and his real intentions for the good of his Country for whose cause he hazarded and suffered so much misery and imprisonment Yet this noble Dukes implacable and malicious enemies do further asperse him as a man of no Religion a meer Polititian and one that seeketh the ruine of his Soveraign by the aspiring to the Crown of Scotland It would trouble the best Politicians and the most Religious upon earth in these distracting and distracted times to distinguish rightly betwixt the duty we owe to Religion and the duty we owe to our Prince supposing them enemies but the falsity of this supposition which hath misled many thousands and been the ground of all our miseries being evident to the Duke who had the honor to be educated and intimate with his Majesty from his youth knowing his Majesty to be a lover and honourer of the true Protestant Religion a lover of justice and mercy and a practiser of all Christian and moral virtues and with a most munificent hand a royal Benefactor to himself and his Family It may be asked if it had been either piety or policy in the Duke to have kick'd off so loving and so liberal a Lord and Master although he had not been his Soveraign or to have ingaged against his Country with any Party that for their own ends more than the good of their Soveraigns were disturbers of all moderate Counsels so long as he had any hopes of Peace especially seeing so many sad presidents in both Kingdoms where many powerfull Subjects lovers of the true Protestant Religion not joyning prudence with their loyalty and innocence have crush'd them under the Load and nothing easeth His Majesties burthen but rather increaseth the same all their wealth and power being now made instrumental to enslave both KING and Kingdoms the Duke's prudence having vindicated him from the ruine intended against him by his enemies and reserved him through Gods blessing to vindicate his Loyalty by re-enthroning his Majesty so soon as God hath enabled him with any power to do it As for his Religion it is known he is neither Popishly affected nor a Sectary but who hath ever been a professor of the true Protestant Religion a lover and Patron of all Godly men and honest Ministers even in the time of Episcopacy when few or none but himself durst appear for them if his judgement had not been overswayed in some Star-Chamber sentences before he had that wisdom and experience which he now hath and long before he did take the Covenant if he had been ambitious of popular applause he had been more renown'd for his Religion than for his Princes royall bounty but wishing rather to be religious than seem so his favours were given in secret to many godly Ministers and his Majesties honour and good chiefly aimed at in the bestowing of them and
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisoner and are charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I do plead for the Liberty of the people of England more then you do and therfore If I should impose a beleefe upon any man without Reasons given it were unreasonable Bradsh Oh Brutish Asinine Kingdome to be Governed by an up-start Authority without use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against you Sir The Vote of the Commons of England assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by all Laws that ever I heard all men may put in Demurrers against any proceedings as Illegall and I do demand that if you deny that you deny Reason Bradsh Over-rule a Demurrer without Argument If a man may not Demurre to the Jurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurr to the Jurisdiction of the Court if You do I must let you know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirme their own Jurisdiction King I say Sir by your favour That the Commons of England were never a Court of Judicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the people of England of High Treason and other high crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you do this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I do require that I may give My Reasons why I did not Answer and give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Jurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I took defended My selfe with Armes I never took up Armes against the People but for the Laws Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d. daies Trial of His Majesty Tuesday January 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cook May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Bar before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Sandard for Warre against his Parliament and People and I did humbly pray in behalf of the People of England That he may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Jurisdiction of the Court which the Court did then over-rule and command Him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgement against Him I might presse your Lordship upon the whole That according to the knowne rulâ—s of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the charge given against him whereby he may come to a faire Triall that by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the emnant â—f the House of Comm. had fâ—rejudged the King before they â—rected this new Court to sentence him and claime a Jurisdiction as well as a Sâ—preme Authority That the House of Commons the Supreme Authority and
and leaving no Money to content the Generals remaining part of the Army the turning the odium of seizing and secluding the Members and Murdering the KING upon the General were not sufficient diminutions of the General and augmentations of his Lievtenant General The Welch Counties are set on work to desire Harry Martin for their Commander in Chief and the Western Garrisons the most considerable of England are to be taken from the General and put into the hands of Cromwel and his Party for his retreat from Ireland so that if all this do not enable him to ruine the General it will at least enable him to divide the Army and cantonize the Kingdome and turn the General into the dangers and troubles of the starving forlorn North Counties bordering upon Scotland And if Cromwel find Ireland too hard a bone for him it is thought he will endeavour to surprize the Isle of Man and from thence infest Scotland and Ireland 202. An Inquisition for blood an ingenious piece newly come to light About the 18. July 1649. was presented to the world an ingenious â—ce entituled An Inquisition for Blood to the Parliament instatu quo nunc And to the Army Regnante wherein the Author proves That the KING did not take the guilt of blood Himself by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight in these words viz. That he acknowledged that the two Houses of Parliamentâ— were necessitated to undertake a War in their own just and lawful Defence c. And that therefore all Oathes Declarations or other publique Instruments against the two Houses of Parliament or any for adhering to them c. be Declared null suppressed and forbidden His Majesty in yielding to this Grant had reference to two ends 1. To prepare the way to peace which without this had been hopeless 2. To secure and indempnifie the two Houses with all their Adherents and rid them from those despairing feares and jealousies which made them adversaries to Peace For the words of the Preamble they were not of His penning He was not Author of them but an Assentor to them nor was He or his Party accused or so much as mentioned in them He made this Concession sub stricta novacula when the Razor was as it were at his throat 1. An Army of 30000. Horse and Foot effective against Him 2. When He was endangered and tired out with a long and close Imprisonment 3. When many dangerous and menacing Petitions against His life had been encouraged and entertained so that the King may seem to have been necessitated to yield to this Grant for His own just and lawful defence His Majesty passed this Concession with these two Provisoes 1. That it should be of no validity until the whole Treaty were intirely consummated 2. That He might when he pleased enlarge and clear the truth with the reservedness of his meaning herein with publick Declarations Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocal Proposals are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Lawes are condemned by many Lawyers and Polititians Est nihil frigidius Lege cum Prologe jubeo lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the body of the Text. So in the Laws of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Laws least in account nor never had the force of Laws There 's not a syllable in this Preface which Repeals any former Law inflicting a Penalty upon such Subjects as bear or raise Arms against their KING nor those Laws which è contrario exempts from punishment all subjects adhering to the Person of the KING in any Cause or Quarrel Whereas the said Preface saith the two Houses were necessitated to make a War c. This may relate to a necessity à parte post not à parte ante self-defence is the universal Law of nature extending to all Creatures it is non scripta sed nata Lex By raising Tumults c. Therefore when the two Houses or rather a schismatical Party in them had brought upon themselves a necessity of Self-defence His Majesty was content to acknowledge that necessity If one man assault another upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his own defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriges Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civil Wars with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like extenuations are not unusual at the close of Civil Wars and the only use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Laws to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and War like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or his Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Blood upon His score my Author having cleared his way to his farther Inquisition after Blood proceeds and tells you Blew-Cap was the first that opened the Issue of Blood by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to clear him my Lord Macguire upon the Ladder and another upon the Scaffold did freely and clearly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Author winds up the causes thereof upon one bottom Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitick harsh Answer 3. They who took off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earl of Leicesters going into Ireland 4. They who hindered part of the disbanded Army of 8000. Men raised by the Earl of Strafford being Souldiers of Fortune
with him to refrain from weeping coming to the front of the Scaffold Lo. Capell his speech before his death he spoke to this purpose That he would pray for those that sent him thither and were the cause of his violent Death it being an effect of the Religion he professed being a Protestant with the profession whereof he was very much in love after the manner as it was established in England by the 39. Articles That he abhorred Papistry relying only on Christs merits That he was condemned to dye contrary to the Law that governs all the World that is by the Law of the Sword the Protection whereof he had for his Life yet among Englishmen he an Englishman acknowledged Peer condemned to dye contrary to all the laws of England That he dyed as to the cause he fought in for maintaining the fifth Commandement injoyned by God himself the Father of the Country the King as well as the natural Parent being to be obeyed thereby That he was guilty of Voting against the Earl of Strafford but he hoped God had washed off the guilt of his blood with the more precious blood of his Son That his late Majesty was the most vertuous and sufficient known Prince in the World God preserve the King that now is his Son God send him more fortunate and longer dayes God restore him to this Kingdom that that family may reign till thy Kingdom come that is while all Temporal power is consummated God give much happiness to this your King and to you that in it shall be his subjects That he did again forgive those that were the causers of his coming thither from his very soul so praying again for the King and his restoration and for the peace of the Kingdom he finished his speech L. C. his carriâ—ge Then turning about to the Executioner he pulled off his doublet when the Heads-man kneeling down Lord Capell said I forgive thee from my soul and shall pray for thee There is five pounds for thee and if any thing be due for my cloaths you shall be fully recompenced And when I ly down give me a short time for a prayer then again blessing the People very earnestly and desiring their prayers at the moment of death he said to the Executioner you are ready when I am ready are you not then as he stood putting up his hair with hands and eyes lift up he said O God I do with a perfect and a willing heart submit to thy will O God I do most willingly humble my self so kneeling down and fitting his neck to the block as he lay with both his hands stretched out he said When I lift up my Right hand then strike When after he had said a short prayer L. Capell beheaded he lifted up his right hand and the Executioner at one blow severed his head from his body which was taken up by his servants and put into a Coffin Having thus brought to pass their bloody purpose shortly after they acquitted the Lord Goring and Sir John Owen as to their lives but seized upon all they had according as they did upon most of the Estates of the Nobility and Gentry throughout England for such now was their unsatiable malice that they thought it not enough to ruine and destroy the heads of Families but The barbarousness of the faction with divellish rancor endeavour to blot out the name and memoriall of Posterity by such unheard of cruelties and barbarous actions as would make a Savage Scithian or Barbarian blush to think on so that we may say with Cicero in the like case Rem vides quomodo se habeat orbem terrarum Imperiis distributis ardere bello urbem sine legibus sine judiciis sine jure sine fide relictam direptioni incendiis Which indeed is the very present case Thus did they grow from bad to worse acting rather like butchers then Men each one of them proving to all about him a devouring wolfe whose insatiate gorge was never filled with his pray so that having in effect the mastery of them whom they called their Enemies like true thieves they fall out about parting the stakes The Army and Independent close the Presbyterian faction will brook no superior the Independent no equall upon these terms stands the Kingdom divided when the later grown now more powerfull by the additon of the Army whose guilt in the murther of the King had suggested to them that the only way to save and raise themselves was to confound and reduce all things else to an Anarchy In pursuance of which Principle they at last proceed against the very root of Monarchy and after many uncouth debates resolved that the Nation should be setled in the way of a free State Free-state appointed and Kingly government be utterly abolished Now was the stile in all proceedings at the law altered the seals changed and the Kings armes and statues in all places taken down that so their seared consciences might not at the sight thereof be terrified with the sad remembrance of their committed crimes And that no sparke or attendant of antient Majesty might be left remaining soon after they vote the house of Lords to be burdensome and useless Lords house voted useless and that the People might understand their meaning also on the 21th of February they proclaim at Westminster and send it to the City the next Day to the like purpose but the then Lord Mayor refusing to do it as being contrary to his honour conscience and Oath rather chose to suffer an unjust imprisonment which he did in the Tower Any honest Man would have thought this example would have put a stop to the attempt of any villain for the making that proclamation but so farr were they from being deterred that they rather grow more implacable and having found some hair brained and half decayed Cittizens out of them one is set up as a mock-Mayor who being a fellow fit for their turns after a short complement or two with the Juncto The Proclamation against Kingship he enters the Stage and Proclaims the abolishing of Kingship and the House of Lords Having thus brought their design to some kind of maturity they find another invention to be as a Shibboleth a mark of distinction between themselves and other men The engagement a mark of distinction and that was the engagement forsooth whereby every man should promise to be true and faithfull to the Common-wealth of England without a King or house of Lords and he that would not subscribe to this was forced either to fly or which was as bad to stay at home and have neither the benefit nor the protection of the law of the land nor any advantage either of his liberty or Estate Now might you have seen Vice regnand and nothing but Schisme and faction Countenanced now might you have beheld England sometime the Glory of the World now become its by words the name of
present missed their design resolve no longer to dally whereupon they lay aside their new Mr. Richard and all the Officers great and small with one consent take the Government into their own hands having shut up the house of Commons door whither when the Members came on Munday entrance was denyed them by the Souldiers who had possessed themselves of the Court of requests and all avenues in all places giving no other account to the Members than this Viz. They must sit no more The Army new modelled The next meeting of Officers new modelleth themselves some they casheire as Whaly Ingoldsby Goffe c. others they re-admit as Lambert Haselrig Okey and others in which time not knowing how to behave themselves in such a condition and weary of the perpetuall toyle they foresaw they must still with ceasing undergo they mean to cast the burthen off from their own shoulders and to that purpose they send to some of their old hackney drudges of the long Parliament The Rump comes in as they then did call it at that time about London whose consciences they knew would digest any thing and did not care how per fas aut nefas so they might again be suffered to sit with severall of these I say upon the fifth and sixth dayes of May they had conference the last of which was at their never failing Speakers the Master of the Rowles house in Chancery-Lane where both Officers of the Army and pretended Members to the number of twenty sollicited William Lenthall Esquire to sit Speaker again but he objected diverse scruples in judgment and conscience But O how soon had the sweet ambition of domineering obliterated all such idle fancies yet nevertheless instantly fifteen Articles being agreed upon among themselves they conclude to meet in the house on Saturday the 7th day of May and the better to compass their ends by a base and clandestine surprise they gave out that they would not sit till Tuesday the tenth of May yet surreptitiously as I say they met early on Saturday in the painted Chamber at Westminster and wanting of their number to make up a house they sent for those two debauched lustfull Devills the Lord Munson and Harry Martin out of prison where they were in Execution for debt with Whitelock and Lisle of the Chancery Court making in all forty two the Chancery Mace also for hast being carried before them William Lenthall Esq their tender conscienc'd Speaker together with the said Names of the Rumpers L. Munson Henry Martin Mr. Whitlock Mr. Lisle Mr. Thomas Chaloner Alderman Atkins Alderman Penington Thomas Scot. Cornelius Holland Sir Henry Jane Mr. â—rideaux Att. Ge Sir James Harrington L. G. Ludlow Michael Oldsworth Sir Arthur Haselrig Mr. Jones Col. Purefoy Col. White Harry Nevill Mr. Say Mr. Blagrave Col. Bennet M. Brewster Sergeant Wilde John Goodwin Mr. Nich. Lechmore Augustine Skinner Mr. Downes Mr. Dove Mr. John Lenthall Mr. Saloway Mr. John Corbet Mr. Walton Gilbert Willington Mr. Gold Col. Sydenham Col. Bingham Col. Ayre Mr. Smith Col. Ingoldsby And Lieutenant Generall Fleetwood Stole on a sudden into the house the invitation of the Army for sitting of the long Parliament being first published in westminster-Hall Upon notice of this surprise of the house by so few there being more than double the like number of members of the same Parliament there and about town some of them at the same instant in the Hall they to prevent future mischief whereof this packing of Parliament men was an ill Omen to the number of fourteen went immediately into the Lobby and the persons that did so were these Viz. Mr. Anslewy Sr. George Booth Mr. James Harbet Mr. Prinne Mr. George Montague Sir John Evelin Mr. John Harbert Mr. Gewen Mr. Evelin Secluded members Mr. Knightly Mr. Clive Mr. Hungerford Mr. Harbey Mr. Pecke But assoon as they came near the door they were not suffered by the Officers of the Army to go into the house though they disputed their priviledge of sitting if the Parliament were not dissolved but reason not prevailing after they had thus fairly made their claim they retired resolving to acquaint the Speaker by letter of their usage And accordingly on Munday the 9th of May they went to Westminster where the guards being not yet come Mr. Ansley Mr. Prinne and Mr. Hungerford went freely into the house receiving the Declaration of the 7th of May at the door But Mr. Ansley walking down into the Hall the house not being ready to sit at his return was by one Capt. Lewson of Goffes Regiment and other officers denyed entrance Mr. Prinne continued within and resolved so to do Vote against the secluded members since he saw there a new force upon the house whose only staying so guilty were the rest of their evill actions made them loose that morning and adjourn without the Speakers taking the chair And to prevent his or any other honest mans coming in among them after that they barred the door by the following Vote Ordered That such persons heretofore Members of this Parliament as have not sate in this Parliament since the year 1648. And have not subscribed the engagement in the Râ—ll of engagement of this House shall not sit in this house till further order of the Parliament Thus to the griefe of all honest and true hearted Christians the same pretended Parliament that was sitting in 1653. till Oliver disseized them sitting again in 1659. upon a Declaration of the Army with the same resolutions they had before minding nothing but prefering one another The good old cause what and their friends into good Offices and commands and Counsellors places as appear by their Vote of the 29th of May Viz. The Parliament doth declare that all such as shall be employed in any place of trust or power in the Common-wealth be able for the discharge of such trust and that they be persons fearing God and that have given testimony to all the people of God and of their faithfulness to this Common-wealth according to the Declaration of Parliament of the 7th of May. Now who they mean by persons fearing God in their canting language by their very next work you shall see which is the nominating a Councill of State Councill of State nominated into whose hands is given the dispose of all places of trust and profit yea and the command of the wealth of the Kingdom those of the house are as follow Sir Arthur Haselrig Sir Henry Vane Ludlow Jo. Jones Sydenham Scot. Saloway Fleetwood Sir James Harrington Col. Walton Nevill Chaloner Downes Whitlock Harb Morley Sydney Col. Thomson Col. Dixwell Mr. Reignolds Oliver St. Johns Mr. Wallop Of Persons without the house Ten. Viz. John Bradshaw Col. Lambert Desborow Fairfax Berry Sir Anthony Ashley-Cooper Sir Horatio Townsend Sir Robert Honywood Sir Archibald Johnson And Josia Berners Who under the mask of the good old cause began now to act as high villains as ever before having
is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Trial of this Respondent he claims the benefit of Trial per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over-ruled And prayes that this his Answer and Salvos may be accepted and registred Eusebius Andrews WHereas mention hath bin made in several printed Books that John Fowke Alderman was one of those persons that did actually sit as Judges upon the Trial of his Majesty with the Councel and Attendants of the Court. And was in the number of the Judges at the Kings sentence of death These are to give notice to all men that the same is most false and scandalous as will many wayes appear And in particular by the Certificate of Henry Scobell Clerk of the Parliament in these words following ViZ. IN a Book Ordered by the Parliament to be kept among the Records of the Parliament read in the House the 11. of December 1640. and Entituled A Journal of the Proceedings of the High Court of Justice erected by Act of the Commons of England Entituled An Act of the Commons of England in Parliament Assembled for Erecting of an High Court of Justice for the trying and judging of Charles Stewart King of England In which Books are set down the Names of the Commissioners appearing each day in Court Having diligently searched the same the name of John Fowke Alderman of London is not therein mentioned as being present with the Commissioners at any meeting upon the said Trial either publike or private March 28. 1660. Henry Scobell Clerk of the Parliament THE HISTORY OF Independency The Fourth and last Part. Continued from the Death of his late MAIESTY King CHARLS the First of happy Memory till the deaths of the chief of that Juncto By T. M. Esquire a Lover of his King and Country Cicero Epist Lib. 2. Ep. 3. Civem mehercule non puto esse qui temporibus his ridere possit Id. Lib. 5. Ep. 12. Habet autem praeteriti doloris secura recordatio delectationem LONDON Printed for H. Brome at the Gun in Ivie-Lane and H. Marsh at the Princes Arms in Chancery-Lane 1660. TO THE SACRED MAJESTY OF Great BRITTAINS MONARCH The Triumphant Son of a most Glorious Father who was in all things More than Conquerour The Illustrious ofspring of a Royal Traine of ANTIENT PRINCES CHARLES The second of that Name Entituled PIOUS By the sole Providence of an Almighty hand of England Scotland France and Ireland King Defender of the Faith Restorer of the English Church unto its Pristine State and Glory Patron of Law and Liberty Not to be Seconded by any but himself Who is the best of Kings And of all Vertue to the World THE GRAND EXEMPLAR Most Dread Soveraign IT is neither arrogance nor ambition that makes me thus boldly to intrude into your presence for I know so great a Sun will quickly dazle my weak eyes but because the former parts were honoured with your royal Fathers name this therefore hopes to be sheltered under your Princely wing this but concluding what they begun and making you the happy repayrer of those Breaches which that powerfull and restless faction of Independency made on the Regalia of England that posterity may as well see in this their felicity by you in the ruine of that faction as formerly they read their own misery in the Treasonable actings thereof against his late Majesty of ever glorious memory I have no more but only to pray that you may in this World be blessed with the wisdom and happynesse of Solomon a peaceable long and all glorious Reign the age of Methuselah wherein you may enjoy the full contents of a most happy life and at last full of honour and dayes arrive to the perfect fruition of a more glorious Kingdom in Gods presence before whom is fullness of joy and at his right hand pleasures for evermore 29. Oct. 1660. This from his soul is the daily prayer of Your Majesties most faithfull subject and Servant T. M. To the Nobility Gentry Clergy and Commons of ENGLAND IT is I think more out of custome than necessity that I do at this time premise any thing the Subject whereof we treat having been fatally felt by most of the Nation in some way or other yet is it necessary that the history of such turgencies in the State should be communicated that posterity may hereafter see in their rise and fall the certain punishment of Treason though for a time guarded and upheld by armed violence and the highest policies of a subtle malice It is said of the Epicureans that though they acknowledged no providence nor any immortality of the soul and proposed pleasure as the only end of their lives yet they maintained most of them that they that were lovers of pleasure must of necessity be lovers of Justice and that without virtue it was not possible for men to live in true pleasure So as it was said of the Stoicks who were for the most part notable hypocrites that they spoke good things and did foul actions but that the Epicureans spoke and taught things that seemed foul and shamefull but did that which was fair and honest Certenly these two sects of Phylosophers might be the very parallel of our late times wherein our Stoicall Grandees could speak nothing but holiness where the practice of their lives was a continued series of horrid Treasons while a litle innocent mirth and freeness of speech was the greatest that lay or indeed could be cast upon integrity of their despised Antagonists so that we might see Cucullus non fecit Monarchum It had been well for England if the sad occasions of writing this history of the times had never happened but they have been And as our Saviour saith Offences must come but wo be to them by whom they come so then to declare the actings and their method and manner is but so to lay them open that they may for the future be the better avoided and prevented The knowledg of all persons the meaning of all matters Voss de sâ—ri Agâ— de art histor and the depth of all secrets is lockt up in history according to that of Vossius alluding to that of the Roman Poet Qui quid sit turpe aut pulchrum quid utile quid non Plenius melius Chrysyppo Crantore dixit And this I dare promise you in the ensuing Manual without too violent reflections to widen differences all the observations arising as naturally from the relations as suteable words do fitly supply the ready tongue of a Learned Oratour It is the general happinesse at this present that we can read the downfall of faction and rejoyce in the glory of restored Majesty with safety and content
and I pray God that all the mischiefs of the remaining Achitophel's Shimei's and Rabshakeh's may fall upon their own heads but peace happiness and prosperity may waite on our Solomon that he may be blessed and his throne be established before the Lord for ever To Conclude As your Loyalty in the worst oftentimes hath been signal if in nothing else yet in sufferings so dispise not to read this tractate wherein I dare presume you will find something which before you knew not the work ' its true is short but will not I hope want substance inest enim sua gratia parvis and to remember these things certainly cannot be irksome Saepe recordari medicamine melius omni to see and escape danger causeth not only admiration but pleasure which that you may receive with content by the perusall hereof is desired I shall only add one word in particular first to the Nobility You are Right Honourable Princes in the Congregation of our Israel Men of renown exemplarily both in your names and honours Be as eminent in service for your Prince as obliged to him for favours that it may be recorded of you as it is of Davids Worthies These are the mighty men which David had who strengthened themselves with him in his Kingdom according to the word of the Lord. 2. To the Gentry You are they whom Jethro counselled Moses to provide out of all the people to assist him and be mediatours between Prince and People approve your selves according to that counsel to be able men such as fear God men of truth and hating covetousness so shall the Lord give a blessing as he hath promised 3. To the Clergy God hath made you as a Beacon upon an hill that you might forewarn Israel of her sins ye are the salt of the Earth while you preach to others be not your selves cast away but in season and out of season labour labour to declare Christ not of contention and strife but sowe the word to effect that fruit may grow thereby And lastly to the Commons who are tumidum instabile vulgus I shall only wish that they will labour for peace and according to their Royal Princes dictate in his late Declaration concerning Ecclesiasticall affairs acquiesce in his condescentions concerning the differences which have so much disquieted the Sate by which endeavour all good Subjects will by Gods blessing enjoy as great a measure of felicity as this Nation hath ever done which is the earnest prayer of No. 2. 1660. Your c. T. M. THE HISTORY OF Independency The Fourth and Last part THE former parts of this Book having traced the prevalent and strong Factions of Presbyterian and Independent The Proeme through the several devious pathes wherein they marched and with what devillish cunning they did each endeavour to be greatest by surprising or at least undermining the other until at last they unriveted the very foundations of Government by the execrable murther of their undoubtedly lawful Soveraign a crime so abhorred that it is even inexpiable not to be purged with sacrifice for ever I say these things having received so lively a delineation in the former parts shall need no new recitalls I shall then begin at the end thereof which was when the sacred Reliques of betrayed Majesty specie justitiae received a fatal stroke from blood-thirsty hands neither able to protect it self or be a shadow and Asylum for rejected Truth and unspotted Loyalty Thus in an unsetled and confused posture stood poor England when the Sceptre departed from Israel and the Royal Lyon was not only robbed of his prey but his Life which Barbarism once committed what did the Independent Faction now grown chief ever after stick at Having tasted Royal Blood the Blood of Nobles seemed but a small thing to which end and to heighten and perfect their begun villanies they erect another High Court of Justice Lords H. H. C. tryed for the Tryal of James Earl of Cambridge Henry Earl of Holland George Lord Goring Arthur Lord Capell and Sir John Owen Knight whereof that Horsleech of Hell John Bradshaw was also President who with sixty two more as honest men as himself by a Warrant under the hands of Luke Robinson Nicholas Love and J. Sarland summoned for that purpose did accordingly appear upon Munday the fifth day of February 1648. for the putting in Execution an Act of Parliament as they called it for the erecting of an High Court of Justice for the trying and adjudging the Earls and Lords aforesaid with whom according to their fore-settled resolution making short work for they would admit of no plea of the five they presently condemned three to lose their heads on a scaffold in the Pallace-yard at Westminster Lords condemned on Friday the ninth day of March which day being come about ten of the clock that Morning Lieutenant Collonel Beecher came with his Order to the several Prisoners at S. James's requiring them to come away from whence they were immediately hurried in Sedans with a strong guard to Sir Thomas Cottons house at Westminster where they continued about two hours spending the whole time in holy devotion and religious exercises After which the Earl of Cambridge preparing first for the Scaffold after mutual embraces and some short parting expressions to and for his fellow-sufferers he took his leave and went along with the Officers attended on by Dr. Sibbalds whom he had chosen for his Comforter in his sad condition Being arrived at the Scaffold and seeing several Regiments both of horse and foot drawn up in the place after he had waited a little while with a fruitless hope and expectation of receiving some comfortable news from the Earl of Denbigh who was his Brother having sent for his Servant who being returned and having delivered his Message to the Earl of Cambridge privately he said So It is done now Hamiltons speech at his death and turning to the front of the Scaffold he spake to this effect That he desired not to speak much but being by providence brought to that place he declared to the Sheriff that the matter he suffered for as being a Traytor to the kingdom of England he was not guilty of having done what he did by the command of the Parliament of his own Countrey whom he durst not disobey they being satisfyed with tbe justnesse of their procedure and himself by the commands by them laid upon him and acknowledging that he had many wayes deserved a worldly punishment yet he hoped through Christ to obtain remission of his sins That he had from his Infancy professed the same Religion established by Law in the land That whereas he had been aspersed for evil intents towards the King all his actions being hypocritically disguised to advance his own self-interest hereto he protested his innocency professing he had reason to love the King as he was his King and had been his Master with other words to the same effect That as to the