and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to returne the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome being far the major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent Trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other Faction whatsoever which may arise should at any time hereafter get the upper-hand by the Peoples general adhering to them or any divisions of the Army or by any meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present Generall Councell of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnaturall tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
but without that of the Person dis-inherited after the Fine paid in three yeares to pay the costs of building of it in six yeares or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earle of Leicester to pay two yeares Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entered Northampton yet fought not but entered the Church 16. Such as held not of the Earle yet at his command entered to the action with him to pay half one years Revenue 17. Such as held of the Earle to be onely at the Kings mercy 18. Impotent Persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punisht by Law yet without losse of life or limb 19. Malitiously accused to have their Estates immediately restored 20. Women to have their owne Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been Pardoned to remaine so 23. Those that are fined to answer no Losse done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publique Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Trouble sby any to whom he ought to Succeed You see what great care was here taken to prevent spoyle and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to Keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. Iune 178. The losse of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admirall Col. Edw. Popham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismall Relation of his ill successe in tampering with the Governour of Kingsale in Ireland who proving honester than rhe Saints expected tooke a summe of money of him to betray the Towne Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livory and seasin and divers Ships he was commanded to conceale this Ill newes lest it discouraged the City to engage so farre with them as to entertaine them in the condition of a Free-State and surrender the Sword to them and so spoile the Designe of their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of Iune and lest it should dishearten more secluded Members from comming to sit in the House with them againe knowing tbat Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Iune Popham made another kind of Report to the Plebeians of the Commons House who must not be trusted with the truth of State-mysteries but like Wood-cocks must be led in a mist Thvt he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietnesse and the better to adorne the fable and suppresse the truth from approaching the ears of the people the House that day 5. Iune passed an Order That for this remarkable additionall mercy bestowed upon them in the prosperous successe given to their Fleet at Sea upon Thursday next 7. Iune the day set apart for publique Thanksgiving the Ministers should praise God Lord since these audacious Saints are so thankfull to thee for one beating bestow many more beatings upon them for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like successe since which time forty sayle of Ships are pressed in the Thames to recruit their shattered Navie Scout from Iune the 8. to 15. 1649. given forth to be a Winter Guard at Midsomer 179. Gifts given amongst the Faction Iohn Blackiston is packed away to the other world and the House upon 6. Iune voted to his Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the losse of his pedlery Ware in his Shop at Newcastle he had formerly given to him 14000 l. you see the insatiate hunger of Gold and Silver survives in the very Ghost of a Saint after he is dead 500 l. more was given to Iohns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 4000 l. per ann Lands are to besetled upon the Generall out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon-Parke upon the Earle of Pembroke 1000 l. was bestowed upon an eminent Member of Parliament for his many good Services 4868 l. to the Lord Lisle out of the Monthly Assessment for Ireland for his penny-worth of good service done there you see to what purpose we pay Taxes 2000 l. Land per an and 1000 l. Money given to Bradshaw the price of Bloud And 400 l. more given to the Poor of the City to stop their mouths from cursing upon the Thanksgiving-day out of the 2000 l. Fine set upon the Lord Mayor Reynoldson for not proclaiming the Act for abolishing Kingly Government this is according to the Spanish Proverb To steale a Sheep and give away the Trotters for Gods sake You
the Office vvil be so unvvorthy of any vvise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I doe hereby give my voice to Cromvvell the perfidious Brevver catch vvho catch can let them agree amongst themselves I care not vvhich of the tvvo shal be set up for the nevv States Scar-crovv This Remonstrance vvas about a VVeek after seconded vvith a most insolent threatning Declaration composed altogether to terror it vvas occasioned as follovveth About the latter end of November the Parliament vvas informed the Army vvas upon their march to London vvhereupon not vvithout great opposition by the Armies Party in the House and vvith great caution it should be mannerly phrased for feare of angring his insolency a Letter vvas Voted to be sent the Generall forbidding his neerer approach In comtempt vvhere of the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to VVestminster to doe what God should enable them unto The same night they came to Hyde Parke corner and kept Guards there Hereupon it vvas put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the covvardice of some vvhose hearts novv began to melt and the impudent restlesse bavvling of those cheating Saints that comply vvith the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Ansvver vvas debated and as a prologue to it young Sir Henry Vane a VVhelpe of the old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speake more plainly VVe shall discover who are the Kings Party in the House and who the Peoples To vvhich vvas Ansvvered That since this Gentleman was so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in mind of another Division of the House Sir you will find some desirous of peace and they are Losers by the VVarre Others are against peace and those are Gainers by the VVarre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feet for till then the Ballance of the Common-wealth will never stand right towards a Setlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principall Publican or Treasurer they get constantly above 6000 l. per annum betvveen them besides private cheats by paying halfe Debts and taking Acquittances for the vvhole and then discounting for the vvhole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much vvealth as makes him savvcy enough to hire VVilliam Lilly and other Pamphletiers to derive his Pedigree from Iohn Holland Duke of Exeter although it be knovvne he vvas originally a Link-boy but he is novv one of the Nevv Lights an illuminated Brother Master Pryn moved the debate of the Kings Ansvver might be laid aside untill it vvas a free Parliament not environed by the Army but said M. Rich Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the Generall tooke possession of VVhite Hall for his Quarters 20. The Generall Garrisons White-hall the Mevves upon his owne head as if he meant to keep out the King in defiance of the Treaty he brought to Tovvne vvith him foure Foot Regiments and six Regiments of Horse part vvhereof quartered at VVhite-Hall the rest in Torke House and other great Houses the Horse turned the Reformado Horse Guards that attended the Houses and lodged in the Mewes by their order out of their Quarters vvithout applying themselves to the Houses Vpon Monday Decemb. 4. 21. The House inform'd that the King was surprized by rhe Army and carried Prisoner to Hurst Castle Nevvs came to the House that by severall Orders from the Generall His Majesty was seized in His Bed-chamber and hurried away Prisoner to Hurst Castle a Block-house out of the Isle of VVight standing about a mile and halfe in the Sea upon a Beache full of mud and stinking oaze upon low tydes having no fresh water within two or three miles of it bitter cold and of a foggy and pestilent ayre so noysome that the Guards thereof are not able to endure it long without shifting their Quarter This vvas a torment beyond Pistoll and Poyson many spake against the insolency of this fact as being committed against the life of the King and against the honour and publique faith of the Parliament vvho had Voted He should Treat in Honour Freedome and Safety in Newport in the Isle of VVight and had accepted His Royall VVord not to withdravv out of the Island during the Treaty nor in 20. daies after vvhich vvere not yet expired and novv to have the Houses debates results fore-stalled and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King vvas a presumptuous and rebellious act It vvas moved therefore that it might be Declared That his Majesty vvas removed out of the Isle of VVight by his Excellencies VVarrant vvithout the consent or privity of the House But those Members that Idolize that Bell and the Dragon the Army and are but Priests fatting themselves upon the Sacrifices of that Image insisted upon it to have tvvo vvords amended in the Question 1. The vvord Declare vvould be construed to be a Declaring against the Generall and Army 2. The vvord Consent to be left out lest it argued a disagreement in opinion and practice betvveen the Army and the House as if the House dissented from it And certainly those Gentlemen that stood upon these niceties could not say it vvas done vvith their consent for it vvas hatched in the Iunto so it vvas barely voted To be done vvithout privity of the House neverthelesse 22. The Debate upon the Kings Answers resumed The same day they resolved to resume their last Saturdaies debate upon the Kings Ansvvers to the Propositions of both Houses The first Question debated vvas VVhether they were satisfactory or no The Army Party argued They were not satisfactory because the King had not granted all their Propositions in Terminis To this vvas Ansvvered That
these Propositions were not sent to His Majesty as Bills to be passed in Terminis without debate but as Propositions to be personlly Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove novv it is against the nature of all Treaties Personall to tie up the Parties of either side so precisely that they shall have no liberty to vary in any circumstance or particular so that if all be not precisely granted the Condescentions shall not be satisfactory though all just things are yeilded to as appeares by all Treaties betvveen Nation and Nation vvhere their first demands are never fully granted but alvvaies qualified and limited if not diminished the rule being Iniquum petas ut justum feras so in all Treaties betvveen Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. vvhere to avoid cavils he vvaves this equivocall Question and propunds the Question anevv in these tearmes VVhether the Kings finall Answers to the Propositions of both Houses in this Treaty considered all together be not so full and satisfactory in themselves that this House may and ought accept of and proceed upon them for the speedy setlement of a safe and vvell-grounded Peace both in Church and Cowmon-wealth rather than reject them as unsatis factory anâ— so hazard the losse of all and the perpetuating of our VVars and miseries This he held in the Affirmative vvith so many strong and solid Reasons Arguments and Presidents both out of Diâ—inity Lavv History and policy and vvith so cleare a confutation of the opposite Arguments that no man tooke up the Bucklers against him to refute him the Arguments are too many and too long to be here repeated Nor doe I love to abridge that vvhich hath little or nothing in it superfluous or to make that short-lined by epitomizing it such is the lazinesse of men to preferre Epitomies before Large vvorks vvhich I desire should be long-lined and passe through many hands This Debate lasted untill Tuesday morning 5. Decemb. eight of the clock the Independents hoping to tyre out and frigh avvay the moderate men and then it vvas Resolved upon the Question notvvithstanding the terrors and menaces of the Army That the Ansvvers of the King to the Propositions of both Houses are a ground for the Houses to Proceed upon for the setlement of the peace of the Kingdome It vvas carried Affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe vvas carried cleerly Affirmative vvithout deviding the House presently after this House appointed a Committee of 6. Members to attend the Generall to conferre vvith him and his Officers and keep a good correspondency betvveen the House and the Army vvho had so much surly pride and so little manners as to give them leave to take a nap of three or foure hovvers long after their Nights vvatching before admittance and at last dismissed them vvith this churlish Ansvver That the way to correspond was to comply with the Armies Remonstrance The House adjourned untill VVednesday follovving VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in securing and secluding their Members The Saints militant being enraged that the House had recovered so much courage honesty as to Vote according to their Consciences and neglect their vvild Remonstrance and threatning Declaration after some private conference in the morning betvveen Pride Hewson other Officers and the Speaker in VVestminster-hall vvith the dores shut they sent to the House of Commons a Paper requiring that the Impeached Members and M. G. Brovvne vvho they belied to have called in Hamilton might be secured brought to justice and that the 90. and odde Members who refused to Vote against the late Scotish Engagement and all that Voted for recalling the 4. Votes for Non-Addresses and Voted for a Treaty and concurred in Yesterdaies Vote That the Kings Concessions were a Ground for the House to proceed to a Setlement may be immediately suspend the House and that all such faithfull Members who are innocent of these Votes would by Proâ—estation acquit themselves from any concurrence in them that they may be distinguished This is to subvert the foundation of Parliaments and appeale to the judgement of the many-headed multitude vvithout dores and put all into Tumults You see vvhat kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband a meer Free-schoole vvhere Cromwell is Head-school-master Ireton Vsher and that cypher Fairfax a Prepositor surely these men are either the supreme Iudges or the supreme Rebels and Tyrants of the Kingdome This Paper vvas delivered in but they scorning to stay for an Ansvver by advice of their Independent Grandees of the Iunto upon VVednesday morning Decemb. 6. 1648. Sent tvvo or three Regiments of Horse and Foot to VVestminster set strong Guards at the Houses dores the Lobby staires and at every dore leading tovvards the House admitting none but Parliament men to enter VVestminster-hall vvhere Col. Pride Col. Hewson and Hardres waller sometimes a Cavalier then a violent Presbyterian and novv a tyrannicall Independent violently seized upon divers Knights and Burgesses upon the Parliament staires and elsvvhere going to the House and forcibly carried them avvay Prisoners to the Queens Court vvithout any vvarrant shevved or cause assigned and there set strict Guards upon them M. Edward Stephens and Col. Birche being in the House of Commons vvere called forth by feigned Messages sent in by some Officers under other Mens Names and there violently pulled out of the dore though they called to the Speaker to take notice of the force The House sent the Sergeant of the Mace to command the Imprisoned Members attendance but the Guards vvould not let them come A second time the Sergeant vvas sent vvith his Mace upon the same Errand but Col. Pride in the Lobby vvould not let him passe vvhich contempt vvas entred in the Iournall Booke Hereupon the House concluded not to proceed in businesse untill their Members vvere restored and sent to the Generall about it yet aftervvards vvhen the Officers had severall dayes secured secluded and frighted avvay more of the Members and made the House a Conventicle of their ovvne complexion then the House prevaricated and deserted their Members About three of the clock afternoone Hugh Peters vvith a Svvord by his side but not the svvord of Saint Peter came into the Queens Court to take a List of the Prisoners Names by order from the Generall as he said vvhere being demanded by vvhat Authority they were Imprisoned he Ansvvered By the power of the Sword Night being come the Imprisoned Members 41. in number vvere conveyed avvay to a Victualling House called HELL and there kept all Night vvithout Beds or any fitting accommodation vvhen it grevv late some of them had offers made them to go upon their Parolls to their ovvne Lodgings and to appeare the next morning at VVhite-hall but this vvas but a
it is eleven or tvvelve of the clock before they can get forty Members together to make a House of vvhich number they sometimes faile one time the Members vvould have had the Speaker go on upon businesses vvith a lesse number than forty but he knovving all so done to be illegall and void refused and yet to piece up the House they permit Mr. Blagrave Mr. Frye and Humphry Edwards to sit as Members notvvithstanding their Elections are Voted void by the Committee of Elections and one day an Officer of the Army having taken some Members going to the House and secured them in the Tobacco Roome under Guard The Speaker not being able to muster enough to make a House vvas faine to send to the said Officer to lend him his said Prisoners to make up a Free Parliament This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them nay it can be proved that meanes hath been used to suborne VVitnesses against them besides vvhich the faction have made a strict inquisition into their lives and conversations and have hitherto met vvith nothing 25. The day after the House purged in comes Dr. Cromvvell Hen Martyn his Apothecary Thus the House being throughly purged the next day in comes the Doctor Oliver Cromwell out of the Country bringing in under his protection that sanctified Member Henry Martyn vvho had spent much time in plundering the Country had often baffled the House and disobeyed many of their Orders sufficient to have made an honest man a Malignant liable to Sequestration But great is the priviledge of the Saints It fortuned that day the case of the secured Members vvas reported to the House vvhich Harry interrupting desired them to take into consideration the deserts of the Lieutenant Generall vvhich vvith all slavish diligence vvas presently done And the Speaker moved that to morrow might be a day of Humaliation to be kept in the House to humble the Spirits of the Godly much overleavened vvith the Scotish Victory That you may the better understand hovv farre they meane to be humbled Hugh Peters the Pulpit-Buffon vvas one of their Chaplaines vvho in stead of delivering the Oracles of God delivered the Oracles of the Councell of VVarre to them talking obscurely of Accommodation and Moderation and advising them to adjourne till Monday or Tuesday I think that the Army might cut out vvork for these Iourney-men of theirs and might vvorke their vvills upon the City in the meane time vvhen no House should be sitting for the Citizens to addresse their Complaints to for in the interim they Garrisoned Black Fryars and S. Pauls reforming it from the Church of God to a Den of Thieves Stable of Horses and Brothell of VVhores and Robbed diverse Halls in London of vast summes of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26. A Declaration of the seâ—ured and secluded Members against the violence of the Army the said secured Members published a printed Paper as follovveth A solemne Protestation of the imprisoned and secluded Members of the Commons House Against the horrid force and violence of the Officers and Souldiers of the Army on VVednesday and Thursday last the 6. 7. of Decemb. 1648. WE the Knights Citizens and Burgesses of the Commons House of Parliament above one hundred in number forcibly seized upon violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax comming thither to discharge our duties on VVednesday and Thursday last being the 6. and 7. of this instant December doe hereby in our Names and in the Names of the respective Counties Cities and Burroughs for vvhich we serve and of all the Commons of England solemnly protest and declare to the whole Kingdome That this execrable force and open violence upon our Persons and the whole House of Commons by the Officers and Army under their command in marching up against their command and placing strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedome ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcible seclusion from the House and the continuance of the Armies force upon it are no way obligatori but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparalell'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedome of Parliament and Disturbers of the peace and setlement of the Kingdome and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemne Covenant and duty under paine of deepest perjury and eternall infamy are obliged unanimously to oppose and endevour to their utmost power to bring them to exemplary and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Governement and Lawes of this Realme All which we held it our duties to declare and publish to the world for feare our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guilty of betraying the Priviledges Freedome and Honour of this Parliament to our perpetuall reproach and the prejudice off all succeeding Parliaments Dated at VVestminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons passe and print a Declaration against the said Declaration The said solemne Protestation of the secured Members being complained of vvas sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it vvith Authority instead of Reason both Houses passed this follovving Declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament talking into their consideration a printed Paper entituled A solemne Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and procedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House and the continuance of the Armies force upon it are no vvay obligatory but void and null to all intents and purposes The present visible Government is the Power of the Sword in the hands of Rebels The fundamentall Government of this Kingdome is destroyed by the remaining faction in the Ho. of Commons by their Acts For abolishing Kingly-Government The House of Peers their putâ—ing dovvne Trials by Iury of 12 mâ—n and setting
Clotworthy Major Gen Massey and M. Lionell Copley Members of the House of Commons That he had Orders from the Lord Generall and Councell of the Army to remove them from the other Prisoners to S. Iames's They replied to him That they desidered to see his Orders the Marshall Ansvvered Thy were onely verball but the Gentlemen insisting to see a VVarrant for their remove the Marshall vvent to the Generall and from him about six a clock brought an Order a true Copie of vvhich follovves viz YOu are upon sight hereof to remove Sir Will Waller Sir Iohn Clotworthy Major Generall Massey and Colonel Copley from the Kings-head Inne vvhere they are novv in Custody to Saint Iames's and for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. To Marshall Generall Lavvrence T Fairfax This Order being shevved unto the foresaid Gentlemen S. VVilliam VValler produced a Paper desiring that the same might be presented to the Generall vvhich Marshall Lawrence refused to receive upon vvhich the said Sir VVilliam VValler and the other three Gentlemen desired the said Marshall and all the Gentlemen there present to attend and vvitnesse to that Protestation vvhich they did there make in behalfe of themselves and all the Commons Free-borne Subjects of England so vvith a distinct and audible voice read their Protestation as follovveth WE whose Names are hereunto subscribed being Members of the House of Commons and Free-men of England doe hereby Declare and protest before God Angels and Men That the Generall and Officers of the Army being raised by the Authority of Parliament and for defence and maintenance of the Priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure deteine imprison or remove our Persons from place to place by any colour or authority whatsoever nor yet to question or trie us or any of us by Martiall Law or ortherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removall of our Persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamentall Lawes of the Land and a higher usurpation and exercise of an Arbitrary and unlawfull power then hath been heretofore pretended to or attempted by this or any King or other power whatsoever within this Realme notwithstanding which VVe and every of us doe Declare our readinesse to submit our selves to the Legall triall of a Free Parliament for any crime or misdemeanour that can or shall be objected against us In vvitnesse vvhereof vve have hereto subscribed our Names the 12. of December 1648. At the Kings-head in the Strand VVilliam VValler Iohn Clotworthy Edward Massey Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members discharged Sir Simon Dewes Members secured vvere set at liberty vvithout any engagement although at first it vvas demanded they should engage not to attempt any thing against the present actings of this Parliament and Army vvhich they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered vvas delivered into the vvorld a monstrous Beggers Brat called The Agreement of the People It is very judiciously Ansvvered by Mr. VVilliam Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. vvhereof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction vvithout any colour of Lavv or Right should agree together to take away finally the present Government by King Lords and Commons vvhich the Kings Party heretofore charged upon the Parliament as their Designe for vvhich they fought vvhereupon the Parliament to vindicate hemselves published many Declaratione and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes avvay the legall right from Burroughs to chuse members of Parliament this admitted they may as vvell conspire to take avvay any Lavv or any mans Life or Estate by vvhich rule vve could enjoy nothing but at the vvill of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon farre better grounds as being farre the more numerous and standing for defence of those auntient Lavves vvhich doe constitute the People and Common-vvealth of England vvhich vvill breed infinite confusions and divisions and vvhat those that call themselves the People novv agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Triall hath been made by the present knovvne legall povver of England vvhether those inconveniences may not be removed vvithout subverting the present Government and introducing so totall a change as vvill be very dangerous and grivous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. vve are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments vvhich this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the people of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as vvel as the Kings party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Lavves and Taxes imposed upon them by Subscribers vvho are the least and the least considerable party of the Kingdome and upon vvhom they conferre no trust vvhich is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knovvne Maxime in Lavv Quod omnes tangit ab omnibus tractari debet vvhat concernes all men must be debated and agreed to by all men either personally or representatively 5. It vvill raise factions and feudes betvveen the Subscribers and Non-subscribers of the Parliament party 6. It takes avvay Magistracy and Government not onely by placing such a Supreme povver over them as is disputable nay apparently illegall But by making the heady multitude the People supreme Iudges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is vvith this salvo except such Representative shall expresly violate this Agreement vvhich makes every man or number of men that shall get povver into their hands Iudges of it nor is there any other Iudge designed and if there vvere vvho shall judge that Iudge sic in infinitum the legall supreme Trust of all publique interests being taken avvay our vagabond thoughts vvander in a circle not knovving vvhere to repose our trust all Iudges all Councels may erre but the rascall multitude are the very sinke of errors and corruptions If therefore the Supreme the
the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. and Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traytour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the People of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2 That they had rejected the Ordinance for Triall of the King 58. Votes passed by them thereupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded thereby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie him for his life in the Upper Bench forsooth which all the Lawes call the Kings-bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for Publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit to morrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
Gentlemen of the best quality vvere named vvhom they could not omit because they had sate vvith them and concurred in all their great debates although they had more confidence in those petty Fellovves vvho had or vvould sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbeare they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation vvhereby they should Declare That they approved of vvhat the House of Commons and their High Court of Iustice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr Cromwell Chair-man of that Committee of State reported to the Commons That according to the order of that House 19 of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they shall doe for the future but could not confirme what they had done in relation to the King and Lords so it vvas referred to a Committee to consider of an expedient Cromwell having made use of the Levellers Assertors of publique Liberty to purge the House of Commons 115. Cromvvels usurped povver VVhen the House of Commons opposed Cromvvells and … on s designs they cried up the Liberty of the People and decried the Authority of Parliament untill they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Authority of their House of Commons and decried the Liberty of the People and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestants of Germany and then used an Army of Protestants to subdue and imprison the Pope and abolish the Lords House doth novv endeavour to cast dovvne the Levellers once more finding himselfe raised to so great an height that he cannot endure to thinke of a levelling equality he oversvvaies the Councell of VVarre over-avves the House of Commons and is Chair-man and Ring-leader of the Councell of State so that he hath engrossed all the povver of England into his ovvne hands and is become the Triple King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his ovvne more Lordly Interest he procured an expedient to Alter and Reforme the said Oath vvhich at last passed in this forme follovving February the 22. 1648. 116. The forme of the said reformed Oath I A.B. being nominated a Member of the Councell of State by this present Parliament doe testifie that I doe adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councell and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I doe promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therein faithfully pursue the Instructions given to the said Councell by this present Parliament Here you see a curtaine drawn between the eys of the people the clandestine machinations and actings of this Councell and not reveale or disclose any thing in whole or in part directly or indirectly that shall be debated or resolved upon in the Councell without the command or direction of the Parliament or without the order or allowance of the major part of the Councell or of the major part of them that shall be present at such Debates or Resolutions In confirmation of the premises I have hereto subscribed my Name 117. The C of VVar debate to massacre the Kings party See Will Sedgvvicks Iustice upon the Armies Remonstrance About this time it vvas debated at the Councell of VVarre to Massacre and put to the Sword all the KING's Party The Question put vvas carried in the Negative but by tvvo Voices You see vvhat Furies pursue these sinfull VVretches and vvhat dangerous rocks they dash upon in order to that base and covvardly principle of Self-preservation 118. Schismaticall Petitions for 2. or 3. principall Gentlemen in each Country to be brought to justice The Army hath in every County of England packs of schismaticall Beagles vvhom they hollovv on to hunt in full crie by Petitions to the House after the bloud of such vvhom they design for slaughter Many Petitions have been lately presented That two or three principall Gentlemen of the KING's Party by name in each County might be sacrificed to Iustice whereby the Land might be freed from bloud-guiltinesse Divers Merchants have contracted to send forth severall Ships for the next Summers Fleet at their ovvne charge 119. Marchants arming Ships for this Summers Fleet. The prodigious High Court of Iustice vvas revived in order to the Triall of the Earle of Holland the Earle of Cambridge the Earl of Norwich the Lord Capel and Sir Iohn Owens 120. The High Court of Iustice revived the Commissioners vvere changed that they may engage as many men in arbitrary illegall tyranny and bloud-shed as they can Hamilton vvas exceedingly importuned by Cromwell vvho tooke a journey to VVindsor purposely to name such Members of Parliament and Citizens as had any hand in calling him in 121. The History of Hamiltons imprisonment and death See digitus Dei upon Duke Hamilton this he either could not or vvould not doe he had in order to his ovvn ambition first exasperated the Independent party against the KING and aftervvards sought their ruine by engaging for the KING and he doubted that to undertake so odious an office as to play the Devils part and be an Accuser of his Brethren vvould but set a glosse upon the Independents intended severity against him Being brought to St. Iames's in order to his Tryall Cromwell hoping to traine him to a confession caused all his Creatures to carry a favourable countenance to him Bradshaw smoothed him up vvith soft language at the Barre the Lord Gray of Grooby Col VVayte and Hugh Peters gave him hopes that they vvould not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notvvithstanding Colonel VVayte vvhen he made Report to the House of Commons hovv he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit
18. 1 Hen. 7. 12. 13. Plowdens Commis fol. 369. Cookes 4. Institutes pag. 329. 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any Clause thereof although it be a cleer dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regall Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principall occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complaine That the King had dissolved all former Parliaments against approbation of both Houses of Parliament wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regall Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Naturall or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5. 6. 14 17. compared together where they Affirme The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royall power in Dissolving of Parliament not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publique Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniencies which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royall Command to the Houses or their Speaker executed during his life time See Parl. Rols 6. Edw 3. 2. Rot. Parl. 3. 6. 5. Ric. 2. n. 64 65. 11. Ric. 2 nu 14 16 20. S Hen. 4. nu 2. 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8. 9. 11. 29. Hen. 6. nu 10. 11. 31 Hen. 6. nu 22 30 49. and Cooke 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summes of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heire or Successour and for supplying other His Majesties not his Heires nor Successours occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which Credit cannot be attained untill such Obstacles be first remoued as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Iustice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High-commission Ship-money Knight-hood Money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said Monies not others since so to be raised All which expressions related only to His late Majesty as to His Acts of Royall Power not to His Heires and Successours after His Naturall much lesse Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the severall Principall Scopes of this Act are fully satisfied long before the late Kings Death 4. It is cleer by the Body of this Act And be it declared c. That this present Parliament c. Shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unlesse it be by Act of Parliament to be passed for that purpose and that the House of Peeres shall not at any time or times during this present Parliament be Adjourned unlesse it be by themselves or by their owne Order And in like manner That the House of Commons shall not at any time or times be Adjourned c. as aforesaid From whence it is undeniable 1. That this Act was onely to prevent untimely Dissolving Proroguing and Adjourning of that present Parliament then Assembled and no other by Acts of Royall Power 2. That the King was the Principall Estate and Member yea our Soveraign Lord the sole Declarer and Enacter of this Law by Assent of the Lords and Commons 3. That neither this Act nor any other for Dissolving Proroguing or Adjourning this Parl. could be made without the Kings Royall Assent which the Lords and Commons in their Remonstrance 26. May 1642. often acknowledge together with His Negative Voice to Bills exact Collect. p. 69. 70. 736. 709. 722. 4. That it was not the Kings intent in passing this Act to shut Himself out of Parliament or create Members of Parliament without a King as He professeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 5. Nor the Lords and Commons intent to Dis member Him from His Parliament and make themselves a Parliament without Him as their said Remonstrance testifies and the words of the Act import much lesse was it their intent to pack a Parliament of 40. or 50. Commons onely selected by Colonell Pride to Vote according to the Dictates of a Councell of Warre after they had destroyed the King and House of Peeres Against which transcendent usurpation this very Act provides That the House of Peers shall not be so much as Adjourned or Prorogued but by themselves or their own Order 5. Neither did the King Lords and Commons in passing this Act intend That by Murdering the King Abolishing the House of Lords and expelling by power of the Sword eight parts of ten of the Commons the remaining Faction should constitute themselves their Heires and Successours a Perpetuall Parliament It is against the nature and essence of a Parl. to be Perpetuall and against the Liberty of the People which would Crosse and Repeal the Act for a Tryenniall Parliament made on the same day in Law Brook Parliament 80. Relation 85. Dyer 85. 6. The last Clause of this Act concludes as much And that all and every thing or things whatsoever done or to be done to wit by the King or His Authority for the Adjournment Proroguing or Dissolving of this Parliament contrary to this present Act shall be utterly voide and of none effect Now Death of the King and Dissolution of this Parliament thereby cannot properly be stiled a thing done or to
the Iewes Petition The last damnable Designe of Cromwel and Ireton and their junto or Caball intended to be carried on in their Generall Councell of the Army and by journey-men in the House of Commons vvhen they have engaged them desperately in sinne past all hope of retreat by murdering the King MAjor VVhite a Member of the Army long since at Putney fortetold That shortly there vvould be no other povver in England but the povver of tee Svvord and VVil Sedgvvick in his Booke called justice upon the Armies Remonstrance saith The Principle of this Army is To breake the Powers of the Earth to pieces and Iohn Lilburne in his Plea for Common Right pag. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and vvill by seizing upon the Members of Par dissolving it and setting up a nevv invented Representative and bring the King to capitall punishment and dis-inheriting His Posterity subvert the Monachicall Government and Parliaments of this Kingdome the Lavves and Liberties of the People and so by bringing all to Anarchy and confusion put the vvhole Government of the Land under the Arbitrary povver of the Svvord In order to vvhich they have and vvill overturne the Government of the City of London by a Lord Mayor and Aldermen and Governerne it by Commissioners and a schismaticall Common Councell of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next designe is to Plunder and Dis-arme the City of London and all the Country round about thereby to disable them to rise vvhen the Army removes but not to the use of the Souldiers although they greediâ—y expect the first VVeek in February the time appointed from vvhom they vvill reedeeme the Plunder at an easie rate and so sell it in bulk to the Ievves vvhom they have lately admitted to set up their banks and magazins of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintaine such VVarres as their violent proceedings will inevitably bring upon them not onely all Sequestred and Plundred goods but also the very Bodies of Men VVomen and Children whole Families taken Prisoners for sale of whom these Iewish Merchants shall keep a constant traffique with the Turks Moores and other Mahometans the Barbadus and other English Plantations being already cloyed with VVelch Scottish Colchester and other Prisoners imposed by way of sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another VVarre followed they will spare neither Man VVoman nor Child For the better carrying on of which Designe the said Caball or Iunto keep a strict correspondency with Ovven Roe Oneale the bloudy Popish Antimonarchicall Rebell in Ireland and the Popes Nuntio there The Antimonarchicall Marquesse of Argyle in Scotland the Parisian Norman and Picarde Rebels in France and the Rebel King of Portugall If danger be not held so close to your eyes that you cannot discerne it looke about you English But this Kingdome is not to be saved by Men that will saue themselves Nothing but a Private hand and a Publique spirit can redeeme it 63. Master Pryns second Letter to the Generall The 3. Ian. 1648. Master Pryn sent a Letter to the Generall demanding vvhat kind of Prisoner and vvhose he vvas as follovveth * To the Honourable Thomas Lord Fairfax Generall of the present Army these present My Lord IT is novv a full Months space since I vvith other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshall against the Priviledges of Parliament the Liberty of the Subject the Lavves and Statutes of the Realme and all rules of justice conscience and right reason vvithout the least shadovv of Authority or any cause at all yet made knovvne to me of vvhich vvere there any neither God nor man ever yet made your Lordship or your Officers Iudges I therefore desire to knovv from your Lordship vvhat kind of Prisoner I am and vvhose If a Prisoner of peace neither your Lordship nor your Officers are any Iustices of peace or Civill Magistrates in this place to restraine me for any civil crime vvere I guilty of it much lesse vvithout proof or hearing in case I vvere no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least vvithout the Houses licence first obtained If a Prisonner of VVarre vvhich I cannot probably be being never in Arms and apprehended neer the Commons House dore going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknovvledge That you have levied VVarre against the Parliament and its Members and vvhat capitall offence this is and vvhat a punishment it deserves I need not informe your Lordship or your Councell vvho have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himselfe I have but one thing more to trouble your Lordship vvith and that is to demand vvhose Prisoner I am having yet seen no VVarrant nor Order from your selfe or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or VVarrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Lavves to order your Attourney to give an Appearance for you in the Kings bench the first returne of the next Tearme to an action of false Imprisonment for this my unjust restraint vvhich I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours vvhich I conceive vvho yet abuse your name and authority herein though it be a rule in Lavv Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers vvho have been most active in my Imprisonment for damage and reparations vvhich if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publique cause vvhich so highly concernes the honour fredome and Priviledges of Parliament and Subjects Liberties for defence and maintenance vvhereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I novv againe engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as vvillingly forgive and put up private injuries
most infamous perfid ous and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the Contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanors by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion 110. Six propositions of undoubted verity Another Paper not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of ⧠Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians Every act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to Confer with Him as His Parliament and Councell about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4 C. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the Great Seale of England Iudges of the Kings Courts Iustices of Peace Sheriffs Excise-men Customers and the like with all Committees and Ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be Continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdoms Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Jllustrious Charles Prince of VVales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any Ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Iacobi ch 1. and by all the Iudges of England since Coke 7. Report f. 10 11. in Calvins Case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their bloods to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through faire terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested onely in the Lords and Peers of the Realme being by Inheritance Custome and Law in such case the Kings and Kingdoms great Councell to whose lawfull Commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realm and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse than High Treason and so declared resolved by the last Parliamt in the Cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or Peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge than the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the worke of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Iudges Iuries and Officers 113. Powers given to the Councel of State 14. Febr. The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shal think fit 4. Power to sit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their Command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oathes for both were reformed according to the Godly cut VVhen the Committee of State vvas nominated in the House 114. An expurgatory Oath put upon the Councell of State scrupled by some of the Members and moderated by Cromvvell in opposition of the Levellers divers
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Iudges of the force Treasonable they deny they sit novv under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His Person but in His Office 135. The Councell of Officers endeavour to joyn Interests with the Papists in England Ireland The KING had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt for the Army from Paris to an Independent Member of the House of Commons a Creature of the Army bearing Date 28. Nov. 1648. and printed at the latter end of The True and full Relation of the Officers Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to
up illegall High Courts of Iustice their usurping the Supreme Authority their making Treason an Arbitrary crime their erecting a Councell of State or Hogens mogens forty Tyrants in lieu of one King their altering the style of VVrits and legall proceedings c. Sentence given before any person accused or heard to speake for himselfe Oh the brutish understanding of men whose sinnes and feares have intoxicated their wits The said Lords and Commons doe thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamentall Governement of this Kingdome And doe therefore order and ordaine the said printed Paper to be suppressed and that all Persons whatsoever that have had any hand in or given consent unto the contriving framing printing or publishing thereof shall be adjudged and hereby are adjudged uncapable to beare any Office or have any place of trust or authority in this Kingdome or to sit as Members of either House of Parliament And doe further order and ordaine That every Member of either House respectively now absent upon his first comming to sit in that House whereof he is a Member for the manifestation of his innocency shall disavow and disclaime his having had any hand in or given consent unto the contriving framing printing or publishing of the said Paper or the matter therein contained The 12. and 13. 28. The Conventicle of Commons repeat ex tempore in a thin House under a force the Votes deliberately passed in a full and free House Decemb. the Commons that they might purge their Iournall Books of all State-heresies as vvell as their House of all State-Hereticks voted this Index expurgatorius vvhich in their ovvne canting language I here present to you 1. Resolved c. That the Vote of this House Ian. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionell Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdome and is hereby repealed The like for the rest of the impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House Iune 30. 1648. whereby this House did concurre with the Lords for opening of a way to the Treaty with His Majesty for a safe and wel-grounded peace That the Votes Ian. 3. 1647. forbidding all Addresses to be made to or from the King be taken off was highly dishonourable to the proceedings of Parliament and apparently destructive to the good of the Kingdome sure they meant the kingdome of the Saints They likevvise by foure severall Votes revived the said 4. Votes Ian. 3. 1647. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be had in the Isle of VVight with the King in Person by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court was highly dishonourable and apparently destructive to the good of the Kingdome Good Boyes they can say their Lessons vvell The House adjourned and apace too vvhen the Army vvhips them on they vvill shortly have a jubile of play-daies for their paines 40. or 50. Nevv lights snuffed by the Councell of VVarre can better discover vvhat is dishonourable and apparently destructive to their ovvn Kingdome then 340. or 244. could doe at other times If you aske vvhat Debates they had they could have none being novv freed from the contradiction of Sinners being all Birds of a feather taught the same tune by the same Masters and singing in the same cage 29. A Protest to be entered against the Votes That the Kings Grants vvere a ground for a Setlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes vvas not thought by those that thinke one thing and say another a sufficient Test all vvere confidently for them that voted vvith them vvherefore godly Iohn Gourdon a Fellovv that spits venome as naturally as a Toad moved That a Protestation might suddenly be drawne up and every Member to set his hand to it in detestation of those repealed Votes A Committee vvas appointed accordingly The 14. Decemb. the said nevv-found Shiboleth vvas brought in by Gourdon vvhich caused divers that vvere not yet mad enough for Bedlam to forbeare the House or rather Conventicle 30. The Militia of the Counties nevv setled in Independent hands Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the County Militias of the Kingdome because there vvere some Presbyterians in it not vvelaffected to the Army and in that nevv sense Malignants And ordered that a new Ordinance with a List of new names of Saints militant sounding like a Ievvish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and novv must keep our Svvords too and then Stand and deliver vvill be the only Lavv of the Land About this time Major Generall Browne one of the Sheriffs of London vvas fetched out of the City by a Party of Horse 31. Sheriff Brovvne carried away out of the City Prisoner to S. Iames's and carried before the mechanique Councell of VVarre at VVhite-hall although a Member of Parliament and consequently one of their Masters vvhere he told them he knevv they had nothing to charge him withall but his honest endeavours to preserve His Majesty and His Posterity together with the Parliament City and Kingdome with the Lawes and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler vvas so savvcy as to tell him He was too peremptory at last they committed him Prisoner to S. Iames's And that he might not vvant company 32. Sir Will. Waller c. removed S. Iames's they sent a VVarrant to Capt. Lawrence Marshal Generall to remove Sir VVill VValler Sir Iohn Clotworthy Major Gen Massey and Commissary Generall Copley from the Kings head to him The Marshall shevving them the VVarrant 33. They protest against the Generals Authority they Protested against the Authority and offered the Protest to the Marshall in vvriting desiring him to shevv it to the Generall vvhich he refusing to receive Sir VVill VValler desired all the company to vvitnesse vvhat Protestation they did make in behalfe of themselves and all the Free-borne people of England against the violent and illegall encroachments of the Generall and Councell of VVarre against the Lavves and Liberties and read it aloud as follovveth A Declaration of the taking avvay of Sir Will Waller Sir Iohn Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings-head in the Strand to S. Iames's Together vvith their Protestation read at their removall VVith a Copy of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshall Lavvrence came and acquainted Sir VVilliam VValler Sir Iohn
Generall and Generall Councell of the Army and their Faction now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pitying the bleeding condition and teares of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Lawes Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by cōcluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized Imprisoned 41 of the Members going to the House of Commons to doe their Duty secluded above 160. other Members besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their owne engaged party of 40. or 50. Members sitting who now passe Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their owne Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style af a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons doe declare protest That the said Generall Commissioned Officers Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged Warre and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament the Kings Person Authority in defence of Religion Lawes Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders Actings Passed and to be Passed by this nominall House of Commons are and will be void ab initio and all such as doe or shall obey them are and will be punishable both by the Armies owne judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We doe farther declare protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations the Protestant Profession Traytors against the Stat. of Treasons 25. Edw. 3. and against all Lawes and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation all the Parliaments Declarations Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposalls made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places Ianuary 19. 1648. William Pryn. Clem Walker About this time the Generall Councell of Officers at White-Hall ordered 75. The Coun of Officers order 2. Petit for the Com House 1. against Tyths 2. against the Stat. for Banishing the Ievvs 76. Col. Tichburnes Pet and Complaint against the Ld. Mayor their Orders thereupon The like Petitiōs vvere invited from most Counties vvhere a dozen Schismaticks and two or three Cloaks represēted a vvhole County That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Iewes Here you see they shake hands with the Jewes and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburne some schismaticall Common-Councell-men presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their owne Faction all others being displaced under the generall notion of Disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about foure or five daies after the Commons Ordered * See a just solemne Protest of the free Citizens of London against the Ordinance 17. Decemb 1647. disabling such as had any hand in the City Engagement to beare Offices That any six of the Common Councell upon emergent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Lawes and Reason of all our actions 77. An Act passed for adjournment of part of Hillary Terme