should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
all the Parliaments Declarations and Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their own Faction all others being displaced under the generall notion of disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom being far the Major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl. or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
their Thanksgiving Devotions and Dinner to be celebrated together in and with the City upon Thursday ensuing the 7. of June and lest it should dishearten more secluded Members from comming to sit in the House with them again knowing that Tyrants are followed for their fortunes not for themselves wherefore upon Tuesday following being the 5. Jun Popham made another kinde 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 That he had left Kingsale blocked up with ten Ships and the Seas secured in peace and quietness and the better to adorn the fable and suppress the truth from approaching the ears of the people the House that day 15. June passed an Order That for this remarkable additional mercy bestowed upon them in the prosperous success given to their Fleet at Sea upon Thursday next 7. June the day set apart for publick Thanksgiving the Ministers should praise God Lord since there audacious Saints are so thankful to thee for one beating bestow many more beatings upon there for they stand in need of all thy corrections The like attempt hath been upon Scilly with the like success Scout from June the 8. to 15. 1649. 179. Gifts given amongst the Faction since which time forty sail of Ships are pressed in the Thames to recruit the shattered Navy given forth to be a Winter Guard at Midsummer John Blackiston is packed away to the other world and the House upon 6. June voted to Wife and Children 3000 l. out of the Earle of Newcastle's and Lord Wytherington's Estates in compensation of the loss 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 Johns Brother an Estate out of the Rectory and Demesnes of Burford was setled upon the Speaker 400 l. per ann Lands are be setled upon the General out of the Duke of Buckinghams and his Brother the Lord Francis Villers Estates 400 l. per ann out of Claringdon Park 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 Assesment 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 Bood 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 steal a Sheep and give away the Trotters for Gods sake You see the Saints can finde Money to give Gifts though not to pay Debts although the Publick Faith lye at pawn for them A Committee is appointed to consider how to prefer Mr. Tho. Goodwin and Mr. Owen to he Heads of Colledges in Oxford as a Reward for asserting the late proceedings of Parliament upon the aforesaid Thanksgiving-day It is not fit such men should serve God for nothing in the times of S. Peter and S. Paul Godliness was great Gain but in the daies of our modern Saints Gain is great Godliness The thing that miscalls its self a Parliament 180. The Kxcise enlarged upon Salt hath set an Excise of 1 d. the Gallon upon all forraign salt imported which is in effect upon all the salt we use our home-made salt being inconsiderable you see our Cups our Spits our powdring-Tubs our washing-bowles our Kettles our Hats Dublets Breeches Stockings Shooes nothing we use eat drink or wear is free from being devoured by these sanctified Locusts of the Free-State who complained of the King for that petty inconsiderable Tax of Ship-mâ—ney which His Majesty spent in maintaining Guards of Ships upon our Seas so much to the Honour of our Nation that the King of Spain trusted all those vast summs of Bullion he sent to the Low-Câ—untries to be Coined in our Mint and above a third part yearly to be laid out here in English Cloth and Commodities which with the residue of the Spanish Treasure was afterwards wafted over into Flaunders in English Bottomes for which they were liberally payed whereby every mans estate was increased 10 l. in the hundred England infinitely abounded with Coin and Plate as appeares by those many vast summs that have been constantly extorted from the People since the beginning of these Wars more I dare say than all our Kings since the Conquest excluding William the Conqueror and Henry the Eighth ever raised upon the People and by those many vast summs our seeming Saints have sent into banks beyond Sea and buried in their private Coffers Reader let me admonish thee 181. A Vindication of the Levellers in some things and a further design to garble and enslave the Army That the Levellers for so they are mis-called onely for endeavouring to Level the exorbitant usurpations of the Councel of Officers and Councel of State are much abused by some Books lately printed and published in their names much differing from their declared Principles Tenets and Practices but forged in Cromwâ—ls and Irâ—tons shops to cast an odium upon them These State-wolves by such forgeries endeavour to make the Sheep forsake and betray the Dogs that faithfully guard them that they may with more security fleece them flay them and eat them hereafter Ireton Hâ—slerig and Postmaster-Attorney Prideaux by themselves and their Blood-hounds Spies and Intelligencers have been very diligent to draw dry-foot after Mr. Lilburne Walwine c. and suborn witnesses against them but not having yet quite extinguished all sparks of truth and honesty unless it be in their own breasts failed of their purposes Yet they go on to purge the Army as they have done the Parliament and Conventicle of State of all free-born humours in order to their destruction that the Army may consist of meer mercenary brutish spirits such as will so far neglect the duties of men and Christians as to execute all their tyrannous bloody illegal Commands with a blind obedience and implicite faith without asking a question for Conscience sake the better to enslave both the Kingdom and Common Souldiers In farther prosecution of this Design they have projected to levy seven new Regiments which by way of Gullery they call Presbyterian Regiments and shall be raised by Presbyterian Commanders but those Commanders shall only be imployed to countenance the work for a time and then for pretended offences be purged out of the Army if not out of this world by the Councel of Officers and more confiding men put in their rooms and then shall these new Officers and Regiments be used as Catch-poles and Hangmen contrary to the honour of Souldiers
obtain more than their due in a childish heat were over-clamorous to have the Ordinance passed refusing to let some Members pass out of the House or come forth into the Lobby when they were to divide upon the question about it so ignorant were they of the customes of the House which at last passed in the affirmative about three of the clock afternoon 27. The Tumult of Apprentices ceased but artificially continued by Sectaries and then most of the Apprentices departed quietly into the City After which some disorderly person very few of them Apprentices were drawn together and instigated by divers Sectaries and friends of the Army who mingled with them amongst whom one Highland was observed to be all that day very active who afterwards 26. Sept. delivered a Petition to the House against those Members that sate and was an Informer and Witness examined about the said Tumult gathered about the Commons door and grew very outragious compelling the Speaker to return to the Chair after he had adjourned the House and there kept the Members in until they had passed a Vote That the King should come to London to Treat This was cunningly and premeditately contrived to encrease the scandal upon the City yet when the Common-Council of London heard of this disorder as they were then sitting they presently sent down the Sheriffs to their rescue with such strength as they could get ready their Militia being then unsetled by the contradicting Ordinances of the Parliament who at last pacified the Tumult and sent the Speaker safe home which was as much as they could do in this interval of their Militia being the Houses own Act. 28. The Speaker of the Commons complained of a report that he meant to flie to the Army yet run away to the Army The Lords adjourned until the next Friday the Commons but until the next day Tuesday morning the Commons sate again quietly and after some debate adjourned until Friday next because the Lords had done so The next day being Wednesday the monthly Fast the Speaker and Members met in Westminster Church where the Speaker complained in some passion to Sir Ralph Ashton and other Members of a scandalous report raised on him in the City as if he intended to desert the House and fly to the Army saying he scorned to do such a base unjust dishonorable act but would rather die in his House and Chair which being spoken in a time and place of so much reverence and devotion makes many think his secret retreat to the Army the very next day proceeded not so much from his own judgment as from some strong threats from Cromwel and Ireton who were the chief contrivers of this desperate plot to divide the City and Houses and bring up the Army to enthrall them both That if he did not comply with their desires they would cause the Army to impeach him for cousening the State of many vast sums of money And truly I remember I have seen an intercepted Letter sent about the time of his flight from the Army to Will. Lenthal Speaker without any name subscribed to it only the two last lines were of John Rushworths hand earnestly importuning him to retire to the Army with his friends On Thursday morning early 29. The City proclaim against Tumults the newly renewed Militia of London made publick Proclamation throughout the City and Suburbs and set up printed Tickets at Westminster That if any person should distrub either of the two Houses or their Members the Guards should apprehend them and if resistance were made kill them yet notwithstanding the Speaker and his party carrying the causes of their fear in their own consciences in the evening of that day secretly stole away to Windsor to the Head-quarters Upon Friday morning at least 140 of the Members assembled in the House they that fled being about 40. 30. The Houses appear the Speakers being at the Army whither the Sergeant comming with his Mace being asked where the Speaker was answered He knew not well that he had not seen him that morning and was told he went a little way out of Town last night but said he expected his return to the House this morning after that being more strictly questioned about the Speaker he withdrew himself and would not be found till the House after four hours expectation and sending some of their Members to the Speakers house who brought word from his Servants that they conceived he was gone to the Army had chosen a new Speaker 31. New Speakers chosen Master Henry Pelham and a new Sergeant who procured another Mace The like mutatis mutandis was done by the Lords to prevent discontinuance and fayler of the Parliament for want of Speakers to adjourn and so to continue it 32. Petition and Engagement of the City and take away all scruples As for the Petition and Engagement of the City so much aggravated by the Independent party it was directed to the Lord Mayor Aldermen and Common-Council from divers Citizens Commanders and Souldiers and was occasioned by some intelligence they had that the Army would demand an alteration of the City Militia in order to a design they had against the City It was only intended to the Common Hall but never presented as the Souldiers Petition was to their General which being taken notice of by the Parliament as it was in agitation was so much resented by the Souldiery as to put themselves into the posture they are now in as Lieut. Col. Lilburn says in one of his books to act no longer by their Commission but by the principles of Nature and self-defence nor did the said Engagement contain any thing but resolutions of self-defence in relation to the City so that we cannot see what the Army had to do to declare their sence upon it in their Letter 23. July so put a prejudice upon it in the Houses I have insisted the more particularly upon this Grand Imposture as being the Anvill upon which they hammered most of their subsequent designs violent and illegal accusations 33. Votes passed after new Speakers chosen The new Speakers chosen the two Houses proceeded to Vote and Act as a Parliament And first The House of Commons Voted in the eleven impeached Members next They revive and set up again the Committee of safety by Ordinance of both Houses enabling them to joyn with the Committee of the restored City Militia giving power by several Ordinances to them to List and raise Forces appoint Commanders and Officers issue forth Arms and Ammunition for defence of both Houses and the City against all that should invade them Which Votes and preparations for their self-defence warranted by the same law of Nature as the Armies papers affirm were not passed nor put in execution untill the Army every day recruited contrary to the Houses Orders were drawing towards London and had with much scorn disobeyed the Votes and Letter of both Houses prohibiting them to come
within thirty miles of London 34. Members Engagement with the Army The Army to countenance their Rebellion draw the two Speakers and fugitive Members to sit in consultation and pass Votes promiscuously with the Council of War in the nature of a Parliament and to sign an Engagement dat 4. August to live and die with Sir Thomas Fairfax and the Army under his command affirming therein that generally throughout their sense agreeth with the Declaratitn of Sir Tho. Fairfax and his Council of War shewing the grounds of their present advance towards the City of London In which Declaration the Council of the Army take upon them to be supreme Judges over the Parliament Telling you who of the two Houses they hold for persons in whom the publick trust of the Kingdom remaineth and by whose advise they mean to govern themselves in managing the weighty affairs of the Kingdom They declare against the late choice of a new Speaker by some Gentlemen at Westminster And that as things now stand there is no free nor legal Parliament sitting being through the violence 26. July suspended That the Orders and Votes c. passed 29. July last and all such as shall passe in this assembly of some few Lords and Gentlemen at Westminster are void and null and ought not to be submitted unto Behold here not only a power without the Parliament Houses judging of the very essence of a Parliament and the validity of their resolutions but usurping to themselves a negative Voice which they deny to the King and yet a Schismatical faction in the 2 Houses complying with them and betraying and prostituting the very being Honour and all the fundamental rights and privileges of this and all future Parliaments to an Army of Rebels who refuse to obey their Masters and disband This Engagement so over-leavened the army that their brutish General sent forth Warrants to raise the Trained Bands of some Counties to march with him against the City and both Houses although Trained Bands are not under any pay of the Parliament and therefore not under command of the General by any Order or Ordinance But what will not a Fool in authority do when he is possessed by Knaves Miserable man His Foolery hath so long waited upon Cromwell's and Ireton's knavery 35. The City send Commissioners to the Army Fowks Gibs and Estweck by whom they are betrayed that it is not safe for him now to see his folly and throw by his Cap with a Bell and his Bable The Earl of Essex died so opportunely that many suspected his death was artificiall Yet the City were so desirous of Peace that they sent Commissioners sundry times to the Army to mediate an Accord Who could obtain no more equal terms of Agreement than that They should yeeld to desert both Houses and the impeached Members Call in their Declaration newly Printed and published Relinquish the Militia Deliver up all their Forts and Line of Communication to the Army together with the Tower of London and all the Magazines and arms therein Disband all their Forces Turn all the Reformadoes out of the Line Withdraw all their guards from the Houses Receive such Guards of Horse and Foot within the Line as the Army should appoint to guard the Houses Demolish their works suffer the whole Army to march in triumph through the City as Conquerours of it and the Parliament and as they often give out of the whole Kingdome tearms which they might have had from the great Turk had he sate down before them and broken ground All which was suddenly and dishonourably yeelded to and executed according by such an Army as was not able to fight with one half of the City had they been united But they are the Devils seed-men and have sown the Cockle of Heresies and Scism so abundantly in City and Country especially amongst the more beggarly sort that these men joyning Principles and interests with the Army weaken the hands of all opponents They often brag that they made a civil march free from Plunder I Answer they neither durst nor could do otherwise their Souldiers being ill armed and so few that they were not able to keep stands in the streets and keep the Avenues while their Fellows dispersed to Plunder Charles 8. with a far greater and more Victorious Host durst not offer violence to the far lessâ— City of Florence when Signior Capona put an affront upon him in the Town-house Bidding him beat his drums and he would ring their Bells 36. The fugitive Members returned Upon the 6. of August 1647. The General brought the fugitive Speakers and Members to the Houses with a strong Party who might have returned sooner without a Guard had not their own crimes and designs hindred them the two Palaces filled with armed guards double Files clean through Westminster hall up the stairs to the House of Commons and so through the Court of Requests to the Lords House and down stairs again into the old Palace The Souldiers looking scornfully upon many Members that had sat in the absence of the Speaker and threatning to cut some of their throats And all things composed to so ridiculous a terrour as if they would bespeak without speaking the absence of those Members that sat placed the Speakers in the Chairs without Vote out of which they had been justly Voted for deserting their calling where the General was placed in a Chair of State enough to make a fool of any man that was not fit for it and received special thanks for his service from both Speakers And in the second place a day of thanksgiving was appointed to God I think for his patience in not striking these Atheistical Saints with thunder and lightning for making him a stale to their premeditated villanies Here Sir Thomas Fairfax with a breath and before any man that was not privy to the design could recover out of his amazement was made Generalissimo of all the Forces and Forts of England and Wales to dispose of them at his pleasure Constable of the Tower of London The common Souldiers Voted one moneths gratuity besides their pay the Commons being in good case to give gifts before they pay debts left to the discretion of the General to set what Guards he pleased upon the two Houses Whereby you may perceive in what unequal condition those Members that did not run away with the Speaker do now sit after so many reiterated threats of the General against them in his printed Papers After this the General Lieutenant General 37. The Armies march in Triumph through the City with other subsequent Acts. Major General Skippon heretofore Waggoner to Sir Francis Pere and one that hath got well by serving the City and the whole Army with the Train of Artillery marched through London in so great pomp and Triumph as if they would have the People understand that the Authority of the Kingdom in whose hands soever it remains in these doubtfull times must
Orders of the House do permit were forced to be silent so the businesse was buried in silence I hear that some of the Lords called upon this businesse the Monday following being the 19 of June and that the Lord Wharton being asked why he did not impart Osburn's said Letters to the House Answered That as soon as he opened the said Letter he received from Osburn and saw his name at the bottom he looked upon the businesse as not considerable yet he sent the Letter to Hammond Upon Tuesday 20 June The Lords sent a Message to the Commons the first paper whereof concerned Osburns said Letters they desired that forty days might be assigned for Osburn to come and goe with safety to make good his information But Sir William Armine stood up and desired That the minutes of two Letters prepared to be sent into into Holland and Zealand concerning our Revolted ships might be first dispatched as being of present use And when the businesse was ended Mr. Pierpointe propounded another part of the said Message So Osburn's Information was left sine die for that time but since the Lords have quickned it and 40 days are given to Osburn to come and go with Freedom and Safety to make good his information who is come and avoucheth it and one Dowcett speaketh much in affirmation of a design of Rolfes to pistol the King Rolf presents himself at the Commons Bar with a Letter from Hammond which denies the Design and pleads Rolfes cause for him Rolf denied it at the Commons Bar with a trembling voice yet afterwards hid out of the way but being discovered upon search he was found to have a Byle upon him that disabled him from riding otherwise it is thought he would have fled far enough I do not hear that Hammond is yet sent for or questioned And for Osburn's indeavour to convey his Majestie from Carisbrook-Castle it is alledged he did it with a charitable intent to preserve his life and not of any disaffection to the Parliament to which he hath been affectionately serviceable Though many take offence at Master Walker as if his stirring of his businesse were onely to cast an aspersion upon the Army yet I conceive that what he did was commendable in discharge of the duty he owes to God his King and Country and of his trust as a Member of the Representative body of this Kingdom and in performance of the obligations which the Oath of Allegiance the Parliaments Protestation the National Covenant and the known Laws of the Land lay upon him which duty he was bound to perform though with the extremest hazard of his life and fortunes and though he may happily hope better things of this Army yet since neither the Laws of the Land nor common reason warrants him to presume upon his own private hopes and judgment things which often deceive the wisest men in matters of far lesse moment he could do no lesse than free his conscience by making the whole House Witnesses of the cleernesse of his actions and intentions Considering 1. The many high speeches and threats often used against the King in all places none excepted 2. The dangers the King escaped from this very Army which drove him from Hampton-Court to the Isle of Weight and may possibly pursue him thither 3. The Antimonarchical Principles wherewith many Members of this Army and their Chaplians and many elsewhere are seasoned who cannot govern this Kingdome at their pleasure by a military Olygarchy of Grandees of the Committee of Safety at Derby-house and the Army and so establish the Kingdom of the Saints nor yet bring it to their own levell but by taking off summa papaverum capita all that is high and eminent There is a Crowned Head in their way which must be removed 4. The corrupted fantasies of many Antimonarchical Schismaticks with Revelations and Raptures who serve the Devil for Gods sake making him the Author and the doing of his will the pretence of all their crimes and villanies 5. The many desperâ—te guilty persons that fear peace and are resolved now the Sword is out to burn the Scabbard These look upon the King with an evil eye as the Centre in whom all Interests must unite before we can have Peace Despair tempts these men to make one sin a degree and step to a higher These three last fort of men having cast off all fear of God will as easily contemn Gods substitute the King as he that casts off all reverence to the King will contemn his substitute a Constable 6. The continual endeavours of the Grandees of Derby-house and the Army to put all the Armes Garrisons Ships and Strengths of the Kingdom into the hands of Antimonarchical Schismatical Independents in order to which they are raising of new Forces and erecting new Garrisons in most Counties These men when they could not get a power from the House of Commons to raise what Forces they pleased for when it was moved they there ordered that no more motions should be made for raising new Forces but between the hours of ten and twelve yet what they could not get by their leave they now take without their leave the General granting Commissions for raising and listing Horse and Foot in almost all Counties for example Sir Hardresse Waller that one eyed Polyphemus of Pastebord lately sent forth Commissions in the County of Devon by virtue as his Commissions say of the power granted him from his Excellency for raising listing and training Horse and Foot which shall be no burden to the Country but be in pay with the rest of the army In these Commissions he stileth himself untruly Commander in cheif of all the forces of the five Western Associat Counties and gave authority and encouragement to the well affected that is to Independents Sectaries Antimonarchists and the more desperate forlorn sort of people to enter into and subscribe Engagements to live and die with the Army an imitation of the Members Engagement in defence of the Parliament that is of the ingaged faction of Independents Schismaticks and corrupt persons whom only the Army looks upon as the Parliament witnesse the Declaration of Sir Thomas Fairfax and his Council of War shewing the grounds of his advancing up to London This usurpation was complained of in the House of Commons Monday 19. June and prohibited then by Order 7. Peradventure the reason why this Letter was published so unseasonably in a thin House in so slight and surreptitious a way as aforesaid was in hope it would have been passed over in silence as it had like to have been and so the whole House should have been engaged in the crime if any such thing be intended as guilty of connivance and negligence though not as Actors guilty of the fact The main scope of this party hath ever been by Treaties of Accommodation uniting all Interests and other devices to involve others in their crimes to infect others with their diseases that all standing in need
the Army and diverse other Symptomes of danger but especially Skippons secret Liâ—ting of Schismatiques in the City amongst the Congregations of Mr. Goodwin Mr. Patience and others with power given him to kill and slay his listing servants against their Masters and setting up a Power against a Power had provoked that dull beast the City to know their own strength to look into their Charter and the Customes of the City and to Counter-list in their own defence for which purpose they passed an Act of Common Council dated 27. July 1648. which was soon complained of in the House of Commons by Ven Harvey Pennington and other ill Birds of that Corporation who usually defile their own nests after many aggravations that after they had fought with the King for the Militia any power out of the Parliament should presume to exercise it a Committee was appointed to Treate with a Committee of the Common-Council to hear what they could say for themselves and by what authority they claimed the use of their own Militia The Committees met and amongst other things the said question was asked By what authority they listed men To which was answered That they did it by the Law of Self-defence warranted by the Law of God of nature and of the Land and by a farther Authority to question which would make lirtle for the advantage of the Parliament This mysterious Answer stopped the mouthes of the Parliament Committee If London should plead their Charter and usages other places might doe the like so this businesse was shut up in silence Note that many Sectaries of Westminster Southwark and the Hamlets have been invited and countenanced to petition the House of Commons against uniting their Militia's with London upon pretended cavils As that they desired to have equal number of Voices in the Militia with London But since London beareth 7. parts of 9. in the charge it is an unreasonable demand By Orders as is thought from Derby-house 115 The Governor of Dublyn seizeth and sendeth over Prisoners the Presbyterian Commanders Colonel Jones Governour of Dublyn hath seized upon most of the Presbyterian Commanders thereabouts and sent them Prisoners to Westchester as Sir Maurice Eustace Sir John Gyford Col. Willoughby Colonel Flower Major Stephens Major Capron c. to make room for Independent Officers in his Army that the Saints only may possesse the good things of this world but chiefly that his Army being Commanded by Antimonarchical Schismaticks may the better sympathize and unite with the Antimonarchical Papists in Owen Roe Oneal's Army against the Lord Inchiquin whereof the said Lord hath given some hint as I have aforesaid You see the predominant Principle is Antimonarchy which easily overswayes Religion on both sides 116. A Frigot of the Princes taken with many Letters and Commissions Sir Milles Levesey having casually taken a little Frigot of the Princes called the Chistopher manned with one Captain Green and 8. men took divers Commissions in her and a Letter of Mart granted to the said Captain to make prize of Rebels and Enemies Goods and a Paper of Instructions prohibiting Green to use any Hostility untill the Prince had published his Declaration and untill it were designed who were His Enemies other writings were then taken which were referred to a Committee of the House of Commons to peruse and report Mr. Lechmore reported from the said Committee That some of those writings were not fit to be published in the House hereby you see that the House is already divested of that Power and Authority which the People have Trusted only them with all is now usurped by confiding Sectary Committees so Mr. Lechmore reported That there was an Adjudication out of the Princes Admiralty held in the Isle of Jersey whereby a ship belonging to one Tucknell was adjudged against him upon this ground given in the Adjudication That Tucknell had taken that damnable Oath called The National Covenant I appeal to any man that doth not hastily beleeve all he hears whether it be probable the Prince in such a conjuncture of time when the Parliament it self says That the Prince invited the Scots to invade England and had declared for them would hazard the losing of the Scots by inserting such a clause in the Adjudication All is not Gold that glisters these Letters may be St. Martins ware counterfeit stuff 117. A design to seize on divers Presbyterian Aldermen Lords and Commons About this time it is reported by some that professe to know it there was a design for Skippon's new listed-men to seize upon Alderman Langham Alderman Bunce and some of the Lords and Members of the House of Commons in the night whereof notice being given some of the Members knowing that Treachery like the Basilisk dies if it be first seen to shew that it was discovered caused one of their Party in the House to move That Skippon might be Ordered not to seize on kill or slay any Member of either House An order passed the House of Commons for the Earl of Warwick to fight the Prince at Sea It was sent up to the Lords 118. An Ordinance for the Earl of Warwick to fight the Prince at Sea and passed that House too whereby it became an Ordinance Yet some of the Lords entred a protestation against it as the Earls of Lincoln Suffolk Lord North. 2. Of August The Zealots of the House of Commons fell again upon the businesse of Rolf 119. More endeavours of the Independents in favour of Rolf. at an unseasonable hour of the day and in a thin House They ordered a Conference with the Lords about him and that the Lords be desired to joyn with the Commons in Bayling of him and yet for Treason a man is not Baylable by Law I cannot hear that Mr. Osburn's time of staying with Freedom and Safety to prosecute Rolf is renewed by the Commons although it be expired you see the Iron-bound Saints of the Army are impregnable even against High Treason if this Puny Saint be so inviolable what hope have Major Huntington and John Lilbourn to be heard against Cromwell For if the man such freedom have What then must he that keeps the Knave Yet if Rolf had but bastinadoed Sir Henry Mildmay and that 's no great matter peradventure he had been prosecuted in earnest Thursday 3. August 120. A Letter from the Earl of Warwick for Martial Law at Sea a Letter from the Earl of Warwick was read in the House of Commons complaining of the Refractorinesse of the Sea-men and that he could not govern them without a Commission for Martial Law which was readily assented to as any thing that cries up Arbitrary power above the known Laws usually is But how this will agree with the discipline of the Sea and how they will fight being so yoaked I know not The same day a Letter passed the House of Commons 121. A Letter from the Parliament to the Assembly of the Kirk of
Setlement may be immediately suspend tâ—e Hâ—uâ—e and that all such faithfull Members who are innâ—cent of 〈…〉 s would by Protestation acquit themselves from any 〈◊〉 in them that they may be distinguished This is â—o subvâ—â—t the foundation of Parliaments and appeale to the judgement of the many-headed multitude without doors and put all into Tumâ—lts You see what kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband a â—eer â—ree-Schoole where Crommel is Head-school-master Irâ—â—n Usâ—eâ— and that cypher Fairfax a Prepositer surely these â—en are either the supreme Judges or the supreme Rebels and Tyrants of the Kingdome This Paper was delivered in but they scorning to sâ—ay for an Answer by advice of their Independent Grandees of the Junto upon Wednesday morning Decemb. 6. 16â—8 Sent two or three Regiments of Horse and Foot to Wâ—stminster set strong Guards at the Houses doors the Lobby câ—aires and at every door leading towards the House admitting none but Parliament men to enter Westminster-hall where Col. Pride Col. Hâ—wson and Hardres Waller sometimes a Cavalier then a violent Presbyterian and now a tyrannical â—ndependent violently seized upon divers Knights and Burgesses upon the â—arliament staires and elswhere going to the House and forcibly carried them away Prisoners to the Queens Court without any warrant shewed or cause assigned and there set strict Guards upon them Mr. Edward Stephens and Col. Birche being in the House of Commons were called forth by feigned Messages sent in by some Officers under other Mens Names and there violently pulled out of the door though they called to the Speaker to take notice of the force The House sent the Sergeant of the â—ace to command the Imprisoned Members attendance but the Guards would not let them come A second time the Sergeant was sent with his Mace upon the same Errand but Col. Pride in the Lobby would not let him passe which contempt was entred in the Journall Book Hereupon the House concluded not to proceed in businesse until their Members were restored and sent to the General about it yet afterwards when the Officers had several dayes secured secluded and frighted away more of the Members and made the House a Conventicle of their own Complexion then the House prevaricated and deserted their Members About three of the Clock afternoon Hugh Peters with a Sword by his side but not the Sword of Saint Peter came into the Queens Court to take a List of the Prisoners Names by order from the Generall as he said where being demanded by what Authority they were imprisoned he answered By the power of the Sword Night being come the Imprisoned Members 41. in number were conveyed away to a victualling-Victualling-House called HELL and there kept all Night without Beds or any fitting Accommodation when it grew late some of them had offers made them to go upon their Parolls to their own Lodgings and to appear the next morning at White-hall but this was but a jugling trick to make them acknowledge the Lord Fairfax Authority and become voluntary prisoners upon their own engagementâ— and was therefore refused The next morning being Thursday the Imprisoned Members had warning given them to meet the General and his Councel of Warr at White-hall whither they were guarded in Coaches tyred out with watching and fasting But the mechanick Councel took so much state upon them that after six or seven houres attendance until dark night and no admittance nor application to them they were led away from thence on foot with Guards of Musketiers like Thieves and Rogues and thorow the kennels like Col. Prides Dray-horses to the Swan and Kings-head two Innes in the Strand and there distributed under several Centinels The Souldiers making a stand with them sometimes half an houre together in the snow and raine until they had put their Guards into a maâ—ching posture and reviling them See the 2. part of Englands Chaines discovered and the Hunting of the Foxes c. that they were the men that had cousened the State of their money and kept back their Pay Upon which scandalous provocation some of them Answered That it was the Committee of the Army and their owne Officers that had cousened them which some of the Foot-souldiers then acknowledged Besides the 41. Imprisoned Members the Officers standing several dayes with Lists of Names in their hands at the Parliament-door have turned back from the House and denied entrance unto above 160. other Members besides 40. or 50. Members who voluntarily withdrew to avoid their violence all whom they know to be Losers by the VVarre and therefore desirous of a safe and wel-grounded peace so that they have made warre against the majority of the House that is against the whole House for major pars obtinet rationem totius by all our Lawes and Customes The major part of the House is virtually the whole House which is Treason by their owne Declarations and Remonstrance farre higher than that whereof they accuse the King and for which they demand Justice against Him and the remaining faction of 40. or 50. engaged Members who now passe unpresidented Acts of Parliament of the House of Commons as they call them without the Lords ought not to sit Act nor take upon them the stile of a House under so visible actual and horrid a force both by the Lawes of the Land and their owne Ordinance passed August 20. 1647 To null and void alâ— Orders Votes and Acts passed under the Tumult of Apprentices from July 26. to the 6. August following and yet the said Tumult ended the said July 26. when it begun See the said Ordinance herewith printed The Army who now acknowledge no power but that of the Sword as Major White long since foretold at Putney and whose principle it is To break the Powers of the Earth to pieces as Will. Sedgewicke in his Justice upon the Army-Remonstrance saith And who as Joh. Lilburne in his Plea for Common Right p. 6. saith have by these extraordinary proceedings overturned all the visible supreme Authority of this Nation now suffer only their own party of 40. or 50. Members to sit and do journey-work under them who are Enemies to peace and have got well by fishing in troubled waters and hope to get better so that hardly a seventh or eight part of the Counties Cities and Burroughs that ought to have Members sitting have any body to represent them and therfore how they shall be bound by the Votes and Acts of this fagge end this Rump of a Parliament with corrupt Maggots in it I doe not see Friday Decemb. 8. a Message from the General was brought to Sir Robert Harlow that he might go home to his house giving his engagement not to oppose the actings and proceedings of this present Parliament and Army The like was offered to diverse others you see hereby what the offence of these Imprisoned Members is onely a feare that they will defend the fundamental Government the
Religion Lawes and Liberties of the Land the Kings Person and Authority the being of Parliaments against the Tyrannicall and Treasonable practises of the Army and their House of Commons The small remnant of the House of Commons sent sundry times to the Generall to know why be Imprisoned their Members 24. Reasons proving that the remaining faction or Iunto sitting under the force of the Army were consenting to the securing secluding their Members sect 134. 135. and humbly to beseech him to set them at liberty if he had nothing against them But all this was but prevarication and false shews for 1. Their base and conditionall way of demanding their Liberty if he had nothing against them implies an acknowledgement of the Generalls jurisdiction and conusance over them and an invitation of him to accuse them 2. Their sitting and acting under so brutish a force before their Members righted or the honour of the House vindicated is a deserting and yielding up of their Members honour 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling Answer to their said Demands concerning the secured and secluded Members as afterwards they did without hearing what the said Members could say for themselves is cleerly a fore-judging and bâ—traying them 4. Their late Votes That no man shall peruse their Journall Book of Orders c. without speciall leave is purposely done to barre the said Members who cannot make any perfect Answer in confutation of the Scandals cast upon them by the General Councels printed Libel against them without having recourse to the said Book to see what Votes passed for Iâ—eland for the 200000 l. and other matters To say nothing how unusefull and unjust it is to keep the Records of the House from the view and knowledge of any man yet to expect their obedience to them 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced and imploying Souldiers to Search all Printing Houses daily is done in order to barre the said accused Members from publishing an Answer in their justification 6. Their Summoning Mr. Pryn by order to appear at the Commons Barre knowing him to be still a Prisoner to the Army shews that the Army and they serve each others turns against them 7. And Lastly the Declaration of the present House of Commons dated Jan. 15. 1648. is nothing but an eccho of the said answer of the Generall Councell against the said secured and secluded Members They that are so wickedly industrious to destroy these Gentlemens credits do this as a preparative to destroy their Persons and seize upon their Estates for the maintenance of a new War which they foresee their violent courses will bring upon them and for the farther inriching of themselves and establishing their Tyranny which they miscall The Liberty of the People This violent purge wrought so strongly upon the House and brought it to that weakness that ever since it is eleven or twelve of the clock before they can get forty Members together to make an House of which number they sometimes fail One time the Members would have had the Speaker go on upon businesses with a less number than forty but he knowing 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 notwithstanding 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 Room under Guard The Speaker not being able to muster enough to make a House was fain 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 means hath been used to suborn Witnesses against them besides which the Faction have made a strict Inquisition into their lives and conversations and have hitherto met with nothing 25. The day after the House purged in comes Dr. Cromwell and Henry Martin his Apothecary Thus the House being throughly purged the next day in comes the Dr. O. Cromwel out of the Country bringing in under his Protection that sanctified Member Henry Martin who 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 was reported to the House which Harry interrupting desired them to take into consideration the deserts of the Lieutenant General which with all slavish diligence was presently done And the Speaker moved that to morrow might be a day of Humiliation to be kept in the House to humble the Spirits of the Godly much overleavened with the Scotish Victory That you may the better understand how farre they mean to be humbled Hugh Peters the Pulpit-Buffon was one of their Chaplains who in stead of delivering the Oracles of God delivered the Oracles of the Councell of Warre to them talking obscurely of Accommodation and Moderation and advising them to adjourn till Munday or Tuesday I think that the Army might cut out work for these Journey-men of theirs and might work their wills upon the City in the mean time when 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 Whores and Robbed diverse Halls in London of vast sums of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26 A declaration of the secured and secluded Members against the violence of the Army the said secured Members published a printed Paper as followeth A solemn 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 Wednesday and Thursday last the 6. and 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 coming thither to discharge our duties on Wednesday and Thursday last being the 6. and 7. of this instant December do hereby in our Names and in the Names if the respective Counties Cities and Burroughs for which we serve and of all the Commons of England solemnly protest and declare to the whole Kingdom 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
a Protestation might suddenly be drawn up and every Member to set his hand to it in detestation of those repealed Votes A Committee was appointed accordingly The 14 Decemb. the said new-found Shiboleth was brought in by Gourdon which caused divers that were not yet mad enough for Bedlam to forbear the House or rather Conventicle Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the Countie-Militias of the Kingdome 30. The Militia of the Counties new setled in Independent hands because there were some Presbyterians in it not well-affected to the Army and in that new sense Malignants And ordered that a new Ordinance with a List of new Names of Saints Militant sounding like a Jewish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and now must keep our Swords too and then Stand and deliver will be the only Law of the Land About this time Major General Brown one of the Sheriffs of London was fetched out of the City by a Party of Horse 31. Sheriff Brown carried away out of the City Prisoner to S. James's and carried before the mechanick Councel of War at Whitehall although a Member of Parliamâ—nt and consequently one of their Masters where he told them He knew 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 Laws and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler was so sawâ—y as to tell him He was too peremptory at last they committed him Prisoner to S. James's And that he might not want company 32. Sir Will. Waller c. removed to S. James's they sent a Warrant to Capt. Lawrence Marshal General to remove Sir Will. Waller Sir John Clotworthy Major Gen. Massey and Commissary General Copley from the Kings Head to him The Marshal shewing them the Warrant 33. They protest against the Generals Authority they protested against the Authority and offered the Protest to the Marshal in writing desiring him to shew it to the General which he refusing to receive Sir Will. Waller desired all the company to witness what Protestation they did make in behalf of themselves and all the Free-born people of England against the violent and illegal encroachments of the General and Councel of War against the Laws and Liberties and read it aloud as followeth A Declaration of the taking away of Sir Will. Waller Sir John Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings Head in the Strand to S. James's Together with their Protestation read at their removal With a Copie of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshal Laurence came and acquainted Sir William Waller Sir John Clotworthy Maj. Gen. Massey and M. Lionel Copley Members of the House of Commons That he had Orders from the Lord General and Councel of the Army to remove them from the other Prisoners to S. James's They replied to him That they desired to see his Orders The Marshal answered They were onely verbal but the Gentlemen insisting to see a Warrant for their remove the Marshal went to the General and from him about six a clock brought an Order a true Copie of which follows Viz. YOu are upon sight hereof to remove Sir Will. Waller Sir John Clotworthy Major General Massey and Colonel Copley from the Kings Head Inne where they are now in Custody to S. James's And for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. T. Fairfax To Marshal General Lawrence This Order being shewed unto the foresaid Gentlemen Sir Will. Waller produced a Paper desiring that the same might be presented to the General which Marshal Lawrence refused to receive Upon which the said Sir William Waller and the other three Gentlemen desired the said Marshal and all the Gentlemen there present to attend and witness to that Protestation which they did there make in behalf of themselves and all the Commons and Free-born Subjects of England so with a distinct and audible voice read their Protestation as followeth VVE whose Names are hereunto subscribed being Members of the House of Commons and Freemen of England do hereby declare and protest before God Angels and Men That the General and Officers of the Armie being raised by the Authoritie of Parliament and for defence and maintenance of the priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure detein imprison or remove our persons from place to place by any colour or Authoritie whatsoever nor yet to question or try us or any of us by Martial Law or otherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removal of our persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamental Laws 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 We and every of us do 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 At the Kings-head in the Strand In witnesse whereof we have hereto subscribed our Names the 12. of December 1648. William Waller Edward Massey John Clotworthy Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members dischaâ—ged Sir Simon Dewes Members secured were set at liberty without any engagement although at first it was demanded they should engage not to attempt any thing against the present actings of this Parliament and Army which they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered was delivered into the world a monstrous Beggers Brat called The Agreement of the People It is very judiciously Answered by Mr. William Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. wherof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction without any colour of Law or Right should agree together to take away finally the present Government by King Lords and Commons which the Kings Party heretofore charged upon the Parliament as their Designe for which they fought whereupon the Parliament to vindicate themselves published many Declarations and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes away the legall right from Burroughs to chuse members of Parliament this admitted they may as well conspire to take away any Law or any mans Life or Estate by which rule
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
they fell through pride and ambition as most conceive became the very foulest Devils in Hell so the most resplendent seeming hypocriticall Saints when they fall through the like sins and have power in their hands become the most incarnate Devils and Monsters of treachery and tyranny upon earth exceeding Turks and Pagans therein of which we have now sad experience in our Army-Saints who every day aggravate and yet justifie their impieties and exorbitances 2 Chron. 28.11 Now hear me therefore and deliver the Captives again which ye have taken Captives of your Brethren for the fierce wrath of God is upon you Will Pryn. 64. Another forg'd Letter endeavoured to be fastned upon Sheriff Brown The Saints having nothing to say against Major Gen. Brown unless they should accuse him for being true to King Parliament City and Kingdom and to all the first declared Principles of this Parliament fell to their old trick to fasten another counterfeit Letter upon him wherefore a Man coming to S. Jame's where he was then imprisoned desired in the hearing of all present to speak with him in private Major Gen. Brown told him He was not for private conference and bade him speak openly then the Fellow presented a Letter to him saying It was from the Prince but Major Gen. Brown remembring the like trick put upon him before called for the Guard to apprehend him when presently the Messenger threw the Letters into the fire and the Marshall catching them out halfe burnt affirmeth He saw Charles Prince written upon them Sanctified eyes may see through the spectacles of their own fantasie what they please to accomplish their Design and therefore they have a new principle or light which as the 7. May be added to the aforesaid 6. that though they have no proofs nor evidence against a man yet if in their consciences they think him guilty they may condemn him upon the testimony of their own consciences this is to condemn by Revelation such whose bloud they desire to suck This supposed Messenger from the Prince was seized by the Guard but no proceedings against him heard of which argues it was but a snare set to catch the Major About this time to second this device a man gallantly clothed and mounted comes to the Beare in the Strand 65. Another more general forgery to endanger whom the Faction please It will be proved that divers Witnesses have bin practised and tampered with against Mr. Brown and others gives the Hostler a Peece and bids him have a care of his Horse then goes into the City and the Plot being forelaid was taken there with Letters subscribed with the Princes name to divers Citizens and Members against whom they want matter of accusation I hear no more of this matter yet this is a device dormanâ— to be awakened hereafter if any shall oppose the present actings of the Army and their Parliament Cromwell Ireton and Hugh Peters have several times made it their errand to go into the City and visit the Ministers giving them threatning Admonitions not to preach any thing against the Actings of the Army and their Parliament 66. London-Ministers threatned See the Ministers of Londons Letter to the General called A serious Representation Dated Jan. 18. 1648. But Hugh acted his part above them all he took some Musketiers with him to the house of Mr. Calamy and knocking at the door a Maid asked whom he would speak with he told her with her Master she asked his name he replied Mr Hugh Peters the Maid going up the stairs to acquaint her Master who was above-stairs in conference with some 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 General to warne him to come before him Mr. Calamy leaving Peters vapouring and canting Religion and non-sense to the rest of the Divines slipt down staires and went to the General to know his pleasure telling him He had bin summoned before him by Hugh Peters the General said Peters was a Knave and had no such directions from him Since this 67. The C. of War consider how to shut up the Churches doors the Council of Warr finding it difficult to stop the Ministers mouths have sundry times debated How to shut up the Churches doors in the City for Reformation of the Church and propagation of the Gospel they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES and threaten to try 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 Câ—mmons for their concurrence Jan. 9. The Lords sate again and passed some Ordinances which they sent down to the Commons for their concurrence to feel their pulse wâ—ether they would vouchsafe to take so much notice of them the Commons laid them aside after some expresâ—ions of disdain 69. Sergeant Dandy proclaimeth the sitting of the new H Court of Justice This day Sergeant Dandie Sergeant at Arms to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder and some Officers attending him all bare and 6. Trumpeters on horsback before him Guards of Horse and Foot attending in both the Palace-yards the 6. Trumpeters sounded on horseback in the middle of the Hall and 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 tomorrow 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 Great Seal voted to be broken This day the remainder of the House voted their Great Seal to be broken in order to the making of a new one justly putting the same affront upon their own Seal which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Junto 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 speak his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onelie under
onely in the Lords and Peers of the Realme being by Inheritance custome and Law in such case the Kings and Kingdoms great Councel to whose lawfull commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realme and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse then High Treason and so declared and resolved by the last Parliament in the cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England and Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge then the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the work of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Judges Juries and Officers 113. Powers given to the Councel of State 14. Eebr The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shall think fit 4. Power to fit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oaths for both were reformed according to the Godly cut When the Committtee of State was nominated in the House 114. An expurgatory Oath put upon the Councel of State scrupled by some of the Members and moderated by Cromwell â—n opposition of the Levelâ—ers divers Gentlemen of the best quality were named whom they could not omit because they had sat with them and concurred in all their great debates although they had more confidence in those petty Fellows who had or would sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbear they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation whereby they should declare That they approved of what the House of Commons and their High Court of Justice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr. Cromwell Chairman of that Committee of State reported to the Commons That according to the Order of that House 19. of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they should do for the future but could not confirm what they had done in relation to the King and Lords so it was referred to a Committee to consider of an expedient Cromwell having made use of the Levellers 115. Cromwells usurped power When the House of Commons opposed Cromwels and Iretâ—ns designes they cried up the Libertie of the People and decried the Authority of Parliament until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Auâ—horitie of their House of Commons and decried the Liberty of the people and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestâ—nts of Germany and then used an Army of Protestants to subdue and imprison â—he Pope Assertors of publique Liberty to purge the House of Commons and abolish the Lords House doth now endeavour to cast down the Levellers once more finding himself raised to so great an height that he cannot endure to think of a levelling equality he overswayes the Councel of Warre over-awes the House of Commons and is Chairman and Ring-leader of the Councel of State so that he hath engrossed all the power of England into his own hands and is become the Triple-King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his own more Lordly Interest he procured an expedient to Alter and Reforme the said Oath which at last passed in this forme following February the 22. 1648. 116. The forme of the said reformed Oath I A. B. being nominated a Member of the Councel of State by this present Parliament do testify that I do adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councel and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I do promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therin faithfully pursue the Instructions given to the said Councel by this present Parliament Mere you see a curtain drawn between the eyes of the people and the clandestine machinations and actings of this Councell and not reveale or
that purpose and that the House of Peers shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own 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 Royal Power 2. That the King was the Principal 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 Royal 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â— 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 less was it their intent to pack a Parliament of 40 or 50 Commons onely selected by Colonel Pride to Vote according to the Dictates of a Councel of War after they had destroyed the King and House of Peers 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 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 con titute themselves their Heires and Successours a perpetual Parliament It is against the nature and essence of a Parl. to be Perpetual and against the Liberty of the People which would Crosse and Repeal the Act for a Triennial 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 void and of none effect Now Death of the King and Dissolution of this Parliament thereby cannot properly be stiled a thing done or to be done by the King if by those words things done or to be done for the dissolving c. they shall say they related to the Kings Natural Death Natural Death is the Act of God which these Saints cannot make void if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloodshed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted down by the Commons gave no consent to the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royal Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Triennial Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Books The Commons being so far from claiming the sole Legislative power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporal and Spiritual until 47 Hen. 3. nor had they so much as a House of Commons or Speaker until the Reign of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances until long after Rich. 2. time See the Printed Prologues to the Stat. 1 4 5 9 10 20 23 36 37. 50 Edw. 3. 1 Ric. 2. 1 2 4 5 7 9 11. 13 Hâ—n 4. 1 2 3 4 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15 28 29. 39 Hen. 6. 1 4 7 8 12 17. 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had p wer to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at tht least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40 or 50 then sitting when this Act passed and passing the Wills of the Councel of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for whom they served Object If it be objected that by usage of Parliament 40 Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor pass Lawes or matters of greatest moment Modus tenendi Parl. Cooks 4. Instit pag. 1 2 26 35 36. Cromptons Juris of Courts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1 Jac. 1. 2. 40 Members make not a House when the rest are Excluded by force without doors and fraud of their Fellow-members within doors on purpose that being the Major number they may not over-vote them The Commons not having power to expel any of their Members without consent of King and Lords in whom onely the Judicial Power resides Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27. Seldens Title of Honour pag. 737 Baron Camoyes case discharged by the Kings Writ and Judgment from serving amongst the Commons because a Peer of the Realm The practice for Members to Expel and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs than would Summon forty or fifty Commons it were no House Added by the Abridger So Mr. Pryn concludes That if he should voluntarily submit to pay this Tax by vertue of the said pretended Act of Parliament Dated 7. of April 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegal Writs under a new kinde of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peers of the Realm as was adjudged in the Lord Cannoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour
examine the Leases that have been made and the fines that have been paid thereupon and how disposed and by what authority with power to give reliefe and allowance to the said poor Knights and other poor people not exceeding their former allowance Oh take heed of too much charity and also to take a Catalogue of all Hospitalls within this Common-wealth and the revenewes of them they are sure to mind that And that the Masters and Governours do return to this Committee the constitution of the respective hospitalls and how the profits thereof have been and are disposed of and by what authority before the first of December 1659. And to report the whole matter to the house Ordered That all Masters and Governours of hospitalls be and are hereby prohibited to grant or renew any Leases of any Lands Tenements and hereditaments belonging unto any of the said respective hospitalls untill this house take further Order Notice of which is to be given to the respective concerned persons by the Councill of State See here how greedy is the zeal of these devouring Statists which yet is clothed in the garbe of a seeming Sanctimonious care but this hypocrisie must not go long unpunished neither does it for now begins to appear the result of Lamberts designments abroad in a remonstrative address from the Army at the very first newes whereof the Parliament is so startled that fearing to be whipped with their own rod they ordered Col. Ashfield Col. Cobbet and Lieutenant Col. Duckenfield Armies remonstrate the Juncto send for â—ome Officers three of the chief promoters of it to bring to them the original paper intended to be presented upon notice of which order given immediately a letter was delivered into the house signed by many persons of the Army superscribed to the said three summoned persons by whose hands they desired the inclosed paper might be presented to the Lord Fleetwood and after to the generall Councill which inclosed paper was intituled to the supream authority of these Nations the Parliament of the Common-wealth of England The humble Petition and proposalls of the Officers under the Command of the Right Honourable the Lord Lambert in the late Northern expedition the manner and method of which paper the Juncto so highly resented as supposing it to strike at their very root that they presentely voted That this house doth declare Observe this crack that to have any more Generall Officers in the Army than are already setled by Parliament is needless chargeable and dangerous to the Common-wealth Here was the first step to that division which afterwards grew into a flame but the Army Officers finding their design was not yet ripe enough by a dissembled acquiescency seemed to lay aside their proposalls by signifying to the Parliament that they would adhere to their authority in opposition to the common Enemy and that they would stand by them in the settlement of the Common-wealth against all disturbances whatsoever which lulled the Juncto into a kind of security the City also at this time seeming to claw them by an invitation to a Thanksgiving dinner whereat the field Officers of the Army were also to be present Thanksgiving dinner in the City so that now being in a manner rid of their fear they fall upon sequestring the Gentry about Sir George Booths business settle the Excise and revive the Assessements for the Militia using all their skill and power for amassing together the wealth of the Nation into their private purses concluding with the Epicureans ede lude bibe post mortem nulla voluptas so sottishly stupid were they grown in their high flown ambition But now least they should forget their duty the Officers of the Army present a new address requiring answer thereto Armies new address which made them take it into the several pieces wherein it was proposed wherein among other things to shew you the harmony that was then between them they give to their third proposall this answer Juncto angry there with Viz. The Parliament declares that every Member of the Army as free Men of England have a right of petitioning the Parliament but withall thinks fit to let them know that the Petitioners ought to be very carefull both in the manner and in the matter of what they desire that the way of promoting and presenting the same may be peaceable and the things petitioned for not tending to the disturbance of the Common-wealth nor to the dishonour of the Parliament And that it is the duty of petitioners to submit their desires to the Parliament and acquiesce in the judgment thereof By this Declaration they intended to curb the Wallingford party by teaching them manners and to know their distance but they being Men of another spirit and knowing they had the power of the sword in their own hands would not be so put off which the Juncto perceiving and beginning to grow jealous of their own safety and satisfyed that the Army could not subsist without money which is the Nerve of War to engage the People to themselves and to dis-inable the Officers from raising any money in case they should which they now much doubted interrupt them in their sitting they passed an Act against raising of monies upon the people without their consent in Parliament Part whereof take as followeth Be it enacted c. That all Orders Act against raising money without consent of Parliament makes the Souldiery mad Ordinances and Acts made by any single person and his Councill or both or either of them or otherwise or by any assembly or convention pretending to have Authority of Parliament from and after the 19th Day of April 1653. and before the 7th of May 1659. And which have not been or shall not be enacted allowed or confirmed by this present Parliament be and are hereby declared deemed taken and adjudged to be of no force and effect from and after the said seventh day of May 1659. And be it further enacted that no person or persons shall after the eleventh of October 1659. Assess Levy Collect gather or receive any Custom Impost Excise Assessment contribution Tax Tallage or any summe or summs of money or other imposition whatsoever upon the people of this Common-wealth without their consent in Parliament or as by law might have been done before the third of November 1640. And that every person offending contrary to this Act shall be and is hereby adjudged to be guilty of high Treason and shall forfeit and suffer as in case of high Treason When the Juncto had thrown abroad this killing thunderbolt to shew that they durst own the power which they yet conceived themselves Masters off they took into consideration a Letter dated October the 5th and signed by diverse Officers of the Army and directed to Col. Okey and also a printed paper called the humble representation and Petition of the Officers of the Army to the Parliament c. Upon the reading of which two
perswade them to reason and Justice in the mean time wishing them to acquiesce in what they should order thus he marcheth with his whole Army modelling to his own mind all Garisons and forces in his way This and his number of men that he brought with him being far beyond allowance for they ordered only three hundred put our Rumpers to a stand and they could not be satisfied untill they send the subtilest couple in the house Scot and Robinson are sent to Monck Scot and Robinson to sound his intention under pretence of congratulating his coming to England and complementing him to whom he carried himself with so much gravity and reservedness that they could not catch one dropping syllable that might betray him About this time the City by their Sword-bearer The City Couâ—t him send to him to whom he returnes that he is for the Parliament as aforesaid yet assures them that when he came to the City he would satisfie their desires and hopes conceived of him thus owning the authority then in being he keeps close to his commission notwitstanding all the addresses of the Countries for a free Parliament promising nothing more but that he would see all force removed from the Parliament 2. The House filled and 3. That there should be good provision made for future Parliaments Thus with a slow and orderly march attended by the prayers and wishes of the whole Nation he comes at length to St. Albans He comes to St. Albans In this interval of time the Rumpers minding to ingross the whole power both Legislative and Executive into their own hands and to share all places of trust and profit among themselves on the fifth of January pass this following vote Resolved Observe this Touching absent Members that the Parliament doth adjudge and declare that the Members who stand discharged from voting or fitting in the years 1648 and 1649. do stand duly discharged by judgment of Parliament from sitting as Members of this Parliament during this Parliament and that writs do issue forth for electing of new Members in their places Thus did they intend to have perpetuated themselves for their lâ—ves and to have bequeathed their villany in succession to such as were to be new chosen having already concluded Oath of abjuraiâ—on that the Oath of renunciation of the title of CHARLES STUART as these unmannerly mungrels were pleased to stile their Soveraign and the whole line of the late King James should be taken by every member that hereafter shall sit in Parliament nay so high were they now grown that they committed diverse for but Petitioning for a free Parliament M. comes to London This made his Excellency hast up to London where his Lady and Family were come before him by Sea into which City he comes about the beginning of February and takes up his lodging at White-Hall as the Parliament had appointed him contrary to the thoughts of many and after two or three dayes refreshment taking no notice of his resentment of the aforesaid insolencies he solemnly attends the house according to their order Goes to the house and with much modesty gives them an account of his undertakings refusing the chair offered him for his ease and honour but leaning on the back of it he delivered himself to this effect Hâ—s speech then That he deserved not the thanks they gave him having done no more than his duty but wished them rather to praise God for his mercy then he humbly desired them to satisfie the expectation of the Nation in the establishment of their laws liberties properties c. God having restored them not so much that they should seek their own as the publick good He desired them in particular to take away the jealousie men had of their perpetuity by determining their own sessions and providing for future Parliaments wishing them to use the Nobility and Gentry civilly intimating that it was their wisdom rather to enlarge than contract their interest he told them that the fewer qualifications they put upon succeeding Parliaments the better and desired them to be tender in imposing new oaths for he had heard of the oath of abrenunciation alledging there was more reason to repent of those already taken than to take new ones so warning them to take heed of Cavaliers and Phanaticks he concluded commending Scotland to their care and assuring them of Ireland and hinting at a Free-State This done and he retired loaden with thanks How the P. employ him he withdrawes to his place in the Councill of State where the first that he finds under consideration is the reducing of the City which to make a short digression was now grown unruly being stifly resolved to own no power but that of a full and Free Parliament whereto they had been encouraged by the Country in severall Declarations but especially that of Devonshire which in regard it gives the sence of all in one and was that chiefly stuck to by the City I shall give it you at large as Mr. Bamfield the Recorder of Exon sent it to the Speaker January the 14th The Declaration We the Gentry of Devon finding ourselves without a Regular Government after your last interruption designed a publick meeting to consult remedies which we could not so conveniently effect till this weeke at our general quarter Sessions at Exon where we found diverse of the Inhabitants groaning under high oppressions and a general defect of trade to the utter ruine of many and fear of the like to others which is so visible in the whole Country that it occasioned such disorders as were no small trouble and disturbance to us which by Gods blessing upon our endeavours were soon supprest without blood And though we find since our last purposes an alteration in the State of affairs by the re-assembling you at the helme of Government yet we conceive that we are but in part redrest of our grievances and that the chief expedient to amend the whole will be the recalling all those Members that were secluded in 1648. And sate before the first force upon the Parliament and also by filling up vacant places and all to be admitted without any Oath and engagement previous to their entrance for which things if you please to take a speedy course we shall defend you against all opposers and future interrupters with our Lives and fortunes for the accomplishment whereof we shall use all lawfull means which we humbly conceive may best conduce to the peace and safety of this Nation This was signed by most of the chief gentry of the Country Now the City owning the purport of this Declation by one of their own and refusing to pay taxes had drawn the Councill of State to that violent ebulliency of reducing it to a submission which was as I said before the point upon which they fell when first General Monck came first among them for they had rather bring the whole World into a combustion than their usurped
and legal way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most material He denied he was more frequent at their meetings than ordinary For his silence he alleged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and reprehensions in his Speech to them So the Recorder withdrew And presently Haslerig according to his custom moved judgment might be given against him To which was answered that the Recorder denied the principal parts of his Charge and offered proofs by Witnesses you must give him that leave or take all parts of his speech for granted as well that makes for him as against him Two or three days more will make this business ripe for judgment let him have one judgment for all If you judge him now to be expelled the House he is already fore judged and that will be a leading case to a farther judgment for who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation and shall never know when he hath sati fied the Law an endless vexation Yet Haslerig moved he might receive judgment now for what was already proved or confessed to be expelled the House saying The Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and farther impeached hereafter Against S John Maynard Sir John Maynnrd the same day was called to Answer He desired a copy of his Charge with leave to Answer in writing by advice of Counsel as the 11. Members formerly did to examine Witnesses on his part and cross examine their Witnesses But these requests were denied and he commanded to Answer ex tempore He gave no particular Answer but denied all in general as Col. Pride whom he cited for his president had formerly done at their Bar. He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary General Copley whose case differed little Against the 7. Lords The 8. of Sept. the Earls of Suffolk Lincoln Middlesex the Lords Berkley Willioughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for leavying War against the King Parliament and Kingdom The Earl of Pembroke then sent to Hampton Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelin the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rod and so the engaged Lords had their House to themselves according to their desires 50. Schismatical Petitions The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from the Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Ox fordshi Bucks Berksh was delivered to the House against divers Members sitting in the House Enemies to God and Godliness Enemies to the Kingdom c. Usurpers of Parliamentary authority who endeavoured to bring in the King upon his own Tearms They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of Tythes c. in it Such another Petition came but the day before from Southwark These Petitions were all penned by the engaged party of the Houses and Army The aym of these Petitions and sent abroad by Agitators to get subscriptions The design was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the ingaged party but 59. to expel the greater party being about 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army dayly recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the sea is the common Receptacle of all waters because those who had no hopes to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to Petition against Tythes Enclosures and Copy-hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the Land from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interlopping discourses omitted Against the Lord Major Aldermen and Citizens let us again return to these prodigious Impeachments The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor-general Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Commons Bar to see what they could say for themselves contrary to Magna Charta 29. ch and contrary to 28. Edw. 3. enacting That no man shall be put out of his Land c. nor taken nor Imprisoned c. or put to death c. without being brought to answer by due process of Law That is according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ oâ—iginal according to the old Law of the Land not according to new invented Articles of Impeachment but according to those Laws that were well known and old in Edw. 3. time See Stat. 37. Ed. 3. 1. Ed. 6. ch 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith No man shall be taken by Petition or suggestion made to the King or his Counsel c. and the House of Peers is no more but the Kings Counsel as anon I shall make evident 51. Arguments against impeachments before the Lords It was moved by divers that these Gent. might be tryed according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and Equals to judg of matter of fact alleging that the Common Law was the Birthright of all the free People of England which was one of the 3.
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
Committee-men persons for the most part of weak fortunes and weaker wits and partly from the frantick zeal of the Mayor of Canterbury who for his Religion prudence and honesty may well be younger brother to Warner Lord Mayor of London upon Christmas day 1648. sundry people going to the Church of Canterbury to solemnize that day were uncivily interrogated and roughly handled by the Mayor as if it were superstition nay impiety to serve God on that day or as if some dayes were exempted from serving God as some days are exempted from worldly labour This grew to a Tumult which the Committee of the County hearing they presently gathered forces to make ostentation of their power in suppressing it but were prevented by intelligence that all was quiet but this quietnesse was rather a truce than a lasting peace a desire of revenge against the Mayor for wounding some of the People like fire hid under ashes broke forth two dayes after but was presently pacified by the discreet indeavours of Sir W. Man Ald. Sabin and Mr. Lovelace a Lawyer The Committee of that County presently assemble forces with which together with their Chaplains other instruments of war they march to reduce the City and though they had newes that all was appeased yet would they not believe it but continued their march in triumph where finding the Gates open they took them off and burnt them threw down part of their Walls thereby degrading the City and turning it into a Village as a trophy of their high indignation committed many to Prison upon light suspicions amongst whom the aforesaid 3 Peace-makers for being so saucy as to compose the difference and thereby deprive their highnesses of a Triumphant Victory For these upstart Committees mounted above the sphere of their activity and having stolen his Majesties Sword His principal marke of Soveraignty wherewith he protects his people out of his Scabbard know not how to use it but to the destruction of the people like ill-natured Children they have gotten a gay thing and must do mischief with it And for farther magnifying of their power to the Country and their diligence to the Parliament they charged the prisoners with High Treason and so forgot them languishing in Gaol had not those Gentlemen remembred themselves and clamoured for a Trial which at last was granted them by a Commission of Oyer and Terminer to Sergeant Wyld and Sergeant Creswell the Juries were men known to be wel-affected to the Parliament who found Ignoramus upon the Bill and notwithstanding many checks and taunts from the Committee and the refusing of the return adhered so that the Court adjourned for some months Hereupon the Kentish men fearing the tyrannical disposition of their Committees consulted with the said Grand Jury upon the place concerning a Petition to the Parliament for Peace to end our distractions which Petition was subscribed by the Grand Jury in the name of the whole County The Committee jealous that these things would hearten the People and loosen the bonds of that slavish foâ—r wherein they had hitherto held them captive printed and caused to be published in all Churches a Paper prohibiting the same Petition and branding it with the name of seditious and tumultuous saying they would hang two in every Parish that were promoters of it and sequester the rest And endeavoured first to raise forces in the County but at last made their complaint to the Army When the Country saw their just desires like to be suppressed by Arms and themselves to be still Committee-ridden they resolved upon a place of meeting to promote their Petition and to come Armed thither for their own defence onely But the County Committee plied their businesse so well with the Committee of Derby House and the Army that they first drew a party of Horse into the County who committed many murders according to Custome and then the whole Army which at Black-heath encamped on the same place where the Petitioners intended to Rendezvouz So the result of all is but this The whole County of Kent oppressed by a tyrannous Committee and a lingting war now likely to be renued prepare to present a Petition to the Parliament for Peace and had appointed a day and place of meeting which by reason of the large extent of the County they could not alter at the pleasure of the Committee and being terrified by the menaces and warlike preparations of the said Committee brought their Arms with them in order onely to self-defence allowed by the Laws of God and Man and by the doctrine and practice of this Parliament and Army and peradventure induced thereto by the sad Massacre of the Surry Petitioners The Committee to support their usurped illegal authority invite an Army to break in upon them with fire and sword and so enforced them upon thoughts and actions of War never before thought on as will appear 1. Because many of the Petitioners went home the next day after the Rendezvouz 2. The County had provided no General nor no old Commanders 3. They never thought of forming an Army until Sir Tho. Fairfax was storming one of their Towns 4. The Kentish-men were compelled to take in Sandwich and the 3 Castles lest they should fall upon the backs of them when the Army marched against them yet did they hurt no man in person or goods which argued a peaceable disposition ayming only at defence Thus you see a whole County always wel-affected to the Parliament complaining of a few Independent sectary Committee-men Sequestrators c. for infinite oppressions and cheats dayly committed they being weighed in the scales together the whole County are thought too light for want of an unpartial holding the ballance even one prudential consideration that they must not discountenance their friends as they call the Committee and something else more substantial being put upon the Committees scale hoyseth the whole County into the ayr And when the Parliaments Army was at Black-heath the County sending some of their Gentry with Petitionary Letters to the House of Commons declaring the peaceablenesse of their inclinations their continued obedience to the Houses and a desire their grievances against their Committee might be put into a way of examination and redresse they could obtain no other Answer the schismatical ingaged party overpowering the House with the near approach of their own Army for it is no bodies else than that they would send them an answer by their General which was as much as if they had said They would send an answer by the Executioner the terrour of this answer made the Country desperately ingage in an un-premeditated War for which they were wholly unprovided as the irresolute and distracted managing of it makes manifest But this advantage was greedily laid hold of by the Saints to ravish a victory from the Country which they were resolved to use with so much secrecy and solemn cruelty that the example thereof should strike an awfulnesse into the hearts of all that
seeming Saints who have made the solemn League and Covenant intended for preservation of Religion His Majesties Honour and the just Liberties of the Subject to be the ruine of Religion the dishonour so far as in them lieth of His Majesty and the most absolute enslaving of all free Subjects not to Kings or Princes to Great men or Good men but to the very scum and off-scouring of both Kingdoms it being noâ— small grief to all that truly feared God that so many of the reputed honest Presbyterian party should out of base fear or other by-respects comply so long with these Stare-Juglers the Clergy being most active hastning thereby their own and the Kingdoms misery for they may be well assured if these Saints prevail they must as some of them have done already turn their Coats once more and become the Hirelings and tongue-tied Tenants at will to their Brethren of the Independency or be kicked out of their fat Benefices and possibly out of the Kingdom to prevent new Insurrections against them which they are cunning to procure having the power in their hand to repress all that dare appear against them may be ruined others by their example terrified and their Saints may enjoy the fatness of England but I would ask these violent Clergy-men of the Presbyterian Party that are unwilling His Majesty should be brought speedily to a Personal Treaty what their Assemblies of Divines have been doing for if that Confession of Faith set out in England approved of in Scotland be agreeable to the truth of Gods word as I know nothing to the contrary why should the chief Magistrate our dread Soveraign be any longer debard of his just dues is He worse than Infidel that you will assist those that deny His sacred Majesty that which they allow to Infidel Magistrates blush for shame and repent in time lest as they change their Votes every day according as the tide of their power ebbs and flows so they may soon force you to repeal that Article concerning the chief Magistrate or like the gloss of Orleans put an exposition upon it which destroyeth the text God send us peace and truth and preserve His sacred Majesty and his Posterity and confound the wicked counsels of all such as are enemies to Peace Truth and Monarchy Si quid novistirectius istis Candidus imperti Si non his utere mecum THE END ANARCHIA ANGLICANA OR THE HISTORY OF Independency THE SECOND PART BEING A Continuation of Relations and Observations Historicall and Politique upon this present PARLIAMENT Begun Anno 16. CAROLI PRIMI By THEODORUS VERAX PSAL. 8.8 Virum sanguinum dolosum abominabitur Dominus Printed in the Year M.DC.XL IX THE PROTESTATION AND DECLARATION THe premises considered I do hereby in the name and behalf of my selfe and of all the Free People of England Declare and protest That the Generall Councel of Warre and officers of the Army by their said violent and treasonable force upon the farre major more honest and moderate part of the House of Commons being above 250. and leaving only 50. or 60. Schismaticks of their own engaged party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament have forfeited their Commissions And the remaining Faction in the House of Commons by abetting aiding and concurring with the said Councel of War in the said rebellious Force by setting up new illegal and arbitrary Courts of Judicature to murder King Charles the First our Lawful King and Governour who by his Writ according to the Law summoned and authorized this Parliament to meet sit Principium Caput finis Parliamenti Oaths of Allegiance and Supremacy and Advise with Him and was the Fountain Head and Conclusion or consummatory End of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdom and by Abolishing the House of Peers and the Kingly Office and dis-inheriting the Kings Children and Usurping to themselves the Supreme Authority and Legislative Power of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetuate their said Tyranny and this Army and Govern Arbitrarily by the power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and returne to sect 79 109 110. Stat. of Recognition 1. Iac. Oaths of Allegiance and Supremacy have by the aforesaid ways and means totally subverted this Kingdome and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLS the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made or Coronation solemnized notwithstanding that by his unjust Banishment causâ—d by the interposition of the said traiterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdoms and restore peace plenty justice mercy Religion Laws and Liberties to them again which no Hand but his own can bestow and therefore in vain do the people long for expect Figs from thistles Grapes from thornes This Kingdom of the Brambles now set up being only able to Scratch and Tear not to Protect and Govern them I farther Declare and Protest That this combined traiterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all lawful Government Magistracy Lawes and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges lawfully constituted to execute them any Court of Justice wherin they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murderers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doing but only their own irrational tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all free-born subjects of the Kingdom of England and Ireland are bound by the Stat. of Recognition 1. Jac. and by all our Lawes and Statutes By their Oathes of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes
Garriâ—ons White-hall and the Mewes upon hâ—s owne head as if he meant to keep out the King in defiance of the Treaty he brought to Towne with him foure Foot Regiments and six Regiments of Horse part whereof quartered at White-Hall the rest in Yorke 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 without applying themselves to the Houses Upon Monday Decemb. 4. 21. Tâ—e House inform'd that the King was surprized by the Army and caâ—â—ied Prisoner to Harst Castle News 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 Wight standing about a mile and a half 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 was 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 who had Voted He should Treat in Honour Freedome and Safety in Newport in the Isle of Wight and had accepted His Royall Word not to withdraw out of the Island during the Treaty nor in 20. daies after which were not yet expired and now to have the Houses debates and results fore-stalled and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King was a presumtuous and rebellious act It was moved therefore that it might be Declared That his Majesty was removed out of the Isle of Wight by his Excellencies Warrant without 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 two words amended in the Question 1. The word Declare would be construed to be a Declaring against the General and Army 2. The word Consent to be left out lest it argued a disagreement in opinion and practice between the Army and the House as if the Houses dissented from it And certainly those Gentlemen that stood upon these niceties could not say it was done with their consent for it was hatched in the Junto so it was barely voted To be done without privity of the House neverthelesse 22. The Dâ—bate upon thâ— Kingâ— Answers resumed The same day they resolved to resume their last Saturdaies debate upon the Kings Answers to the Propositions of both Houses The first Question debated was Whether 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 was Answered That these Propositions were not sent to his Majestie as Bills to be passed in Terminis without debate but as Propositions to be Personally Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove now 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 between Nation and Nation where their first demands are never fully granted but alwaies qualified and limited if not diminished the rule being Iniquum pitas ut justum feras so in all Treaties between Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. where to avoid cavils he waves this equivocall Question and propounds the Question anew in these termes Whether the Kings finall Answers to the Propositions of both Houses in this Treaty considered altogether 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 wel-grounded Peace both in Church and Common-wealth rather than reject them as unsatisfactory and so hazard the losse of all and the perpetuating of our Wars and miseries This he held in the Affirmative with so many strong and solid Reasons Arguments and Presidents both out of Divinity Law History and policy and with so cleare a confutation of the opposite Arguments that no man took 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 which 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 works which I desire should be long-lined and passe through many hands This Debate lasted until Tuesday morning 5. Decemb. eight of the clock the Independents hopeing to tyre out and fright away the moderate men and then it was Resolved upon the Question notwithstanding the terrors and menaces of the Army That the Answers of the King to the Proposition of both Houses are a ground for the Houses to proceed upon for the settlement of the peace of the Kingdome It was carried affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe was carried cleerly Affirmative without dividing the House presently after this House appointed a Committee of 6. Members to attend the General to conferre with him and his Officers and keep a good correspondency between the House and the Army who had so much surly pride and so little manners as to give them leave to take a nap of three or four houres long after their nights watching before admittance and at last dismissed them with this churlish Answer That the way to correspond was to comply with the Armies Remonstrance The House adjourned until VVednesday following VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in s curing and secluding their Members The Saints militant being enraged that the House had recovered so much courage and honesty as to Vote according to their Consciences and neglect their wild Remonstrance and threatning Declaration after some private conference in the morning between Pride Hewson and other Officers and the Speaker in Westminster-hall with the dores shut they sent to the House of Commons a Paper requiring that the impeached Members and M. G. Browne who they belied to have called in Hamilton might be secured and 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 Hâ—â—se to proceed to a
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel 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 Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines 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 maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch 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 War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
disclose any thing in whole or in part directly or indirectly that shall be debated or resolved upon in the Councel without the command or direction of the Parliament or without the order or allowance of the major part of the Councel 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 War debate to massacre the Kings party See Will. Sedgwicks Iustice upon the Armies Remonstrance About this time it was debated at the Councel of Warre to Massacre and put to the Sword all the KING'S Party The Question put was carried in the Negative but by two Voices You see what Furies pursue these sinfull Wretches and what dangerous rocks they dash upon in order to that base and cowardly principle of Self-preservation The Army hath in every County of England packs of schismatical Beagles 118. Schismaticall Petitions for 2. or 3. principal Gentlemen in each County to be brought to justice whom they hollow on to hunt in full crie by Petitions to the House after the bloud of such whom 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 Justice 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 own charge 119. Merchants arming Ships for this Summers Fleet. The Prodigious High Court of Justice was revived in order to the Trial of the Earle of Holland the Earle of Cambridge the Earle of Norwich the Lord Capel and Sir John Owens 120 The High Court of Justice revived the Commissioners were changed that they may engage as many men in arbitrary illegal tyranny and bloud-shed as they can Hamilton was exceedingly importuned by Cromwell who took a journey to Windsor 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 Hamilâ—on this he either could not or would not do he had in order to his own ambition first exasperated the Independent party against the KING and afterwards 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 would but set a glosse upon the Independents intended severity against him Being brought to St. James'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 with soft language at the Barre the Lord Gray of Grooby Col. Wayte and Hugh Peters gave him hopes that they would not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notwithstanding Colonel Wayte when he made Report to the House of Commons how he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit who gives Peters thanks and money to boot for his late favour done him in Court Quaere What an accusation extorted for feare of death â—nd hope of life is worth Hamilton confessed at his death he had been much pressed yet had named no maâ— Argyle and knowing him to be an Instrument of Cromwells imployed him as his Solicitor to the Members of the House and Army Peters prayes for Hamilton openly as his Lord Patron still feeding him with hopes If he would Impeach their Opposites yet still he waved this offering them 100000 l. for his life and often inculcating what services he would do them in Scotland for which purpose he offered to joyn Interests with Argyle and be a Servant to their Party Messengers were posted into Scotland to know Argyles pleasure But he had been over-reached formerly by Hamilton and he was resolved to admit no Competitor which would have eclipsed his greatnesse and have made him not the sole Patron of Scotish Independency Besides the Kirk so farre hated Hamilton that they preached off his head in Scotland before it was cut off in England the High Court of Justice lingered long in expectation of an Answer at last such a one came as decried all reconciliation with Hamilton whereupon the scene was altered presently Bradshaw handled him roughly at the Bar Mar. 6. Those which smiled on him before frowned now being asked what he could say he pleaded Quarter and vouched Peters Testimony who with a brazen face renounced his former Testimony When Hamilton was upon the Scaffold divers Officers of the Army and Hugh Peters conversed familiary with him to the last and Messengers passed to and fro saying He now remembred no such matter but that the Army scorned to give quarter to him or any of his Nation whereupon he was condemned to the Block which Sentence was executed upon him March 9. yet they fed Hamilton with vaine hopes to the last gasp for fear he should give glory to God and throw shame and infamy upon themselves by a Christian confession of his Argyles and their mutual villanies besides such a Discovery would have made Argyle lesse serviceable to them in Scotland whose next designe is to cajole the Kirk by seeming an Enemy to the Sectaries of England and pretending to serve the Presbyterian Interest Thus I conclude the Tragedy of Duke Hamilton 122. The Death of the Lord Capel In opposition to whom I will briefly relate the Tragedy of the noble Lord Capel a Gentleman of great courage and integrity He had made an adventurous escape out of the Tower but was re-taken by the treachery of a limping Water-man if I knew his Name I would bestow a blot of Inke upon him He pleaded for himself Articles of Surrender which were reall in him though not in Hamilton that divers that were in Colchester and in his condition had been admitted to compound and desired to be referred to Martial Law which being denyed He moved he might not be debarred of Additionall defence if he must be judged by the Common Law then he demanded the full benefit of that Declaration of the Commons 19. Feb. 1648. which Enacteth and Declareth That though King and Lords be laid aside yet all other the fundamental Laws shall be in force concerning the lives liberties and properties of the Subject and recommended to them Magna Charta The Petition of Right 3. Caroli and the Act made H. 7. for indempnity of all such as adhered to the present King in possessione also the exception in the Act of Attainder of Strafford and Canterbury which saies Their Cases shall not be used as a precedent against any man He desireth to see his jury and that they might see him and so might be Tryed by his Peers saying He did beleive no precedent could
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Judges of the force Treasonable they deny they sit now under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
Birkhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last year were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25 Edw. 3. for limitation of Treasons as in an infectious season all diseases turn to the plague and were then discharged for want of matter to make good the Charge are now again imprisoned in the first year of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons until they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KINGS time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner and a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legal means to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintain him in it Sir Henry Mildmay lately coming to the Tower and perceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates out of his parasitical diligence told the Lievtenant of the Tower 219. Sir Har. Mildmay's Politick Observations Chaste Conversation and first initiation at Court That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signs upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councel of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho. Scot the Demolisher of old Palaces and Deflowrer of young Mayden-heads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a fair Lady his nearest Ally to his Lust had not she been as Vertuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himself taken with the Wind-collick got an opportunity to insinuate himself into a Citizens house in Cheapside and tempted his Wife but had a shameful repulse but more of this I will not speak lest his Wife beat him and give an ill example to other Women to the prejudice of our other New States-men 220. Felons fetched out of Newgate to inform against Merchants for not paying Customes and their New erected Sodomes and Spintries at the Mulbury-garden at St. Jamses Master Gybs Master of a Ship having caused three fellows to be committed to New-gate upon Felony for Robbing him These Fellows sent to Col. Harvey That if he would procure their Liberty they would discover to him several Merchants who had lately stoln Customes Whereupon Harvey sends for those Rogues out of New-gate hears their Accusation approves it prosecutes the Merchants upon the Information of those Villains discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be imployed in the Navy And one Master Lovel a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to swear how many Bayl 's of Silk he hath come over If the first year of our Liberty make such presidents what Monsters will the Sixth and Seventh year produce All Princes begin with moderation The Elders gave good Councel to Rehoboam Serve the People one day and they will serve thee for ever hereafter Nero had a commendable Quinquennium But our Novice Statists are Tyrants ab incunabilis Oppressors with shels upon their heads from the Nest before they are fledge what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommerhil a pleasant Seat worth 1000 l. a year belonging to the Earle of Saint Albans is given by the Juncto to their Blood-hound Bradshaw so he hath warned the Countess of Leicester who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle which she hath already raised four-fold to quit the possession against our Lady-day next The Protestation and Declaration THe Premises considered I do hereby in the name and behalf of my self and of all the Free people of England Declare and Protest That the General Councel of War and Officers of the Army by their said violent and treasonable force upon the far major more honest and moderate part of the House of Commons being above 250. and leaving only fifty or sixty Schimaticks of their own engaged Party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament and have forfeited their Commissions And the remaining Faction in the House of Commons by abetting ayding and concurring with the said Councel of War in the said rebellious Force and by setting up new illegal and arbitrary Courts of Judicature to Murther King CHARLES the First our lawful King and Governour who by his Writ according to the Law summoned and authorised this Parliament to meet sit Principium Caput finiâ— Parliamenti Oaths of Allegiance and Supremacy and advise with him and was the Fountain Head and conclusion or suâ—matory end of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdome and by Abolishing the House of Peers and the Kingly Office and Dis-inheriting the Kings Children and Vsurping to themselves the Supreme Authority and Legislative Pâ—wer of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetute their said Tyranny and this Army and Govern Arbitrarily by the Power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and return to sect 79 109 110. Stat. of Recognition 1 Jac. Oaths of Algiance and Supremacy Have by the aforesaid wayes and means totally subverted this Common-wealth and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLES the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made
and I pray God that all the mischiefs of the remaining Achitophel's Shimei's and Rabshakeh's may fall upon their own heads but peace happiness and prosperity may waite on our Solomon that he may be blessed and his throne be established before the Lord for ever To Conclude As your Loyalty in the worst oftentimes hath been signal if in nothing else yet in sufferings so dispise not to read this tractate wherein I dare presume you will find something which before you knew not the work ' its true is short but will not I hope want substance inest enim sua gratia parvis and to remember these things certainly cannot be irksome Saepe recordari medicamine melius omni to see and escape danger causeth not only admiration but pleasure which that you may receive with content by the perusall hereof is desired I shall only add one word in particular first to the Nobility You are Right Honourable Princes in the Congregation of our Israel Men of renown exemplarily both in your names and honours Be as eminent in service for your Prince as obliged to him for favours that it may be recorded of you as it is of Davids Worthies These are the mighty men which David had who strengthened themselves with him in his Kingdom according to the word of the Lord. 2. To the Gentry You are they whom Jethro counselled Moses to provide out of all the people to assist him and be mediatours between Prince and People approve your selves according to that counsel to be able men such as fear God men of truth and hating covetousness so shall the Lord give a blessing as he hath promised 3. To the Clergy God hath made you as a Beacon upon an hill that you might forewarn Israel of her sins ye are the salt of the Earth while you preach to others be not your selves cast away but in season and out of season labour labour to declare Christ not of contention and strife but sowe the word to effect that fruit may grow thereby And lastly to the Commons who are tumidum instabile vulgus I shall only wish that they will labour for peace and according to their Royal Princes dictate in his late Declaration concerning Ecclesiasticall affairs acquiesce in his condescentions concerning the differences which have so much disquieted the Sate by which endeavour all good Subjects will by Gods blessing enjoy as great a measure of felicity as this Nation hath ever done which is the earnest prayer of No. 2. 1660. Your c. T. M. THE HISTORY OF Independency The Fourth and Last part THE former parts of this Book having traced the prevalent and strong Factions of Presbyterian and Independent The Proeme through the several devious pathes wherein they marched and with what devillish cunning they did each endeavour to be greatest by surprising or at least undermining the other until at last they unriveted the very foundations of Government by the execrable murther of their undoubtedly lawful Soveraign a crime so abhorred that it is even inexpiable not to be purged with sacrifice for ever I say these things having received so lively a delineation in the former parts shall need no new recitalls I shall then begin at the end thereof which was when the sacred Reliques of betrayed Majesty specie justitiae received a fatal stroke from blood-thirsty hands neither able to protect it self or be a shadow and Asylum for rejected Truth and unspotted Loyalty Thus in an unsetled and confused posture stood poor England when the Sceptre departed from Israel and the Royal Lyon was not only robbed of his prey but his Life which Barbarism once committed what did the Independent Faction now grown chief ever after stick at Having tasted Royal Blood the Blood of Nobles seemed but a small thing to which end and to heighten and perfect their begun villanies they erect another High Court of Justice Lords H. H. C. tryed for the Tryal of James Earl of Cambridge Henry Earl of Holland George Lord Goring Arthur Lord Capell and Sir John Owen Knight whereof that Horsleech of Hell John Bradshaw was also President who with sixty two more as honest men as himself by a Warrant under the hands of Luke Robinson Nicholas Love and J. Sarland summoned for that purpose did accordingly appear upon Munday the fifth day of February 1648. for the putting in Execution an Act of Parliament as they called it for the erecting of an High Court of Justice for the trying and adjudging the Earls and Lords aforesaid with whom according to their fore-settled resolution making short work for they would admit of no plea of the five they presently condemned three to lose their heads on a scaffold in the Pallace-yard at Westminster Lords condemned on Friday the ninth day of March which day being come about ten of the clock that Morning Lieutenant Collonel Beecher came with his Order to the several Prisoners at S. James's requiring them to come away from whence they were immediately hurried in Sedans with a strong guard to Sir Thomas Cottons house at Westminster where they continued about two hours spending the whole time in holy devotion and religious exercises After which the Earl of Cambridge preparing first for the Scaffold after mutual embraces and some short parting expressions to and for his fellow-sufferers he took his leave and went along with the Officers attended on by Dr. Sibbalds whom he had chosen for his Comforter in his sad condition Being arrived at the Scaffold and seeing several Regiments both of horse and foot drawn up in the place after he had waited a little while with a fruitless hope and expectation of receiving some comfortable news from the Earl of Denbigh who was his Brother having sent for his Servant who being returned and having delivered his Message to the Earl of Cambridge privately he said So It is done now Hamiltons speech at his death and turning to the front of the Scaffold he spake to this effect That he desired not to speak much but being by providence brought to that place he declared to the Sheriff that the matter he suffered for as being a Traytor to the kingdom of England he was not guilty of having done what he did by the command of the Parliament of his own Countrey whom he durst not disobey they being satisfyed with tbe justnesse of their procedure and himself by the commands by them laid upon him and acknowledging that he had many wayes deserved a worldly punishment yet he hoped through Christ to obtain remission of his sins That he had from his Infancy professed the same Religion established by Law in the land That whereas he had been aspersed for evil intents towards the King all his actions being hypocritically disguised to advance his own self-interest hereto he protested his innocency professing he had reason to love the King as he was his King and had been his Master with other words to the same effect That as to the
spoil as long as they could at Midsummer they re-made their everlasting Speaker Offices bestowed and on whom Custos rotulorum of Oxford and Berkshires And that worshipfull Judas Sir H. Mildmay Custos rotulorum for Essex with severall other the like places to diverse of their leading members as the Government of Jersey to Col. Mason and severall Regiments in Ireland to Col. Cooper Col. Zankey Col. Sadler H. Cro mwell leaves I eland and Col. Laurence Having proceeded on thus far succesfully they now begin to clap their wings as invincible Ireland being delivered up wholly and quietly into their power by that pitifull cowardly Impe H. Cromwell who had already attended their pleasure at the Commons bar for which good service they stroaked him on the head told him he was a good boy for which kindness he bussed his hand made a leg and Exit But leave we him to stupid folly and let us see what rates Crown land bears the Contractors lately were very busie and behold the product June 29. 1659. By the Trustees and Contractors appointed by Act of Parliament for sale of the Castles parkes c. exempted from sale by a former Act. These are to give notice that there are Competitors for the purchase of Somerset-House Sommerset-house set to sale ctc. with the Appurtenances in the Strand Middlesex which therefore is to be exposed to sale for ready money by the box to be opened on Friday the eight of July next The annuall value being 233. l. the gross value of materialls c. 5545. l. 1. s 3. d. At which time such as desire to purchase the same may put in their papers with their name subscribed into the box aforesaid at VVorsester-House conteining how many years purchase not under 13. they will give for the annuall value c. and he that offers most is to have the purchase VVill. Tayler Clarke c. At the same time they appointed to sell ten brace of Buckes or more out of Hampton-Court Parkes and so from time to time Thus did they strive to make havock of whatever belonged to the King which indeed and no other was the good or rather cursed old cause that these miscreants so lustily fought for and so loudly cryed up And now lest they should seem ingratefull to Richard Cromwell who had so tamely left the chair of State to these Mountebanks to sit in they vote him an exemption from all arrests for any debt whatsoever for six moneths and appoint a Committee to examine what was due for mourning for the late Lord Generall Cromwell R. Cromwell protected and to consider how it may be paid for without charge to the Common-wealth Kind Gentlemen surely they are they take all he hath from him and then allow him a pension they rob him of a pound and give him a farthing not a feather of his own bird and well so too for his ambitious stepping into the royall seat deserved a greater punishment which 't was a wonder how he escaped since Usurpation and Tyranny in different hands are generally vehement scourges to each other and alwayes torments to themselves as will appear by the sequel For these godly great ones being now newly warm in their seats New plots and jealousies begin as of old to dream of Jealousies and fears Plots Plots nothing but Cavaleer plots rings either in their ears or mouths if two Gentlemen do but meet accidentally in the Street and talk together straight there is a confederacy and they must be committed to prison for doing nothing so that we might say with that Noble Romane Cicero Circumspice omnia membra Reipublicae quae nobilissima sunt nullum reperitur profecto quod non fractum debilitatumve sit O rem miseram dominum ferre non potuimus conservis vero jam servimus A sad cause of complaint to live in such a slavery but our Taskmasters would fain seem mercifull witness their Act of Indemnity Act of indemnity pardons all but Cavaliers which came out in print about July wherein they except none from pardon but only such whose consciences are not large enough to approve of open Rebellion as the last clause of their said mock-Act will shew wherein all are debarred the benefit of the same even from sixteen years of age unless they subscribe against a single person Kingship or house of Peers all sins can be digested by these fellowes except lawfull obedience to magistracy which they so abominate that all persons that are tainted therewith must not only depart out of London but out of England in either whereof if they be taken they shall be proceeded against as Traytors and all persons are impouered to take and apprehend them for encouragement of which roguery every one that discovers or takes such a person was to have ten pounds from the Councill of State Surely they are in a great fear else what should they make all this noise and bustle so furiously on a sudden to settle and raise a new militia but latet anguis in herba for now it being the Dog-dayes the house grew so hot that diverse members withdrew whereby the rest in regard of their fewness being become incapable to act because not enough to make up a house according to their own phantasticall modell on Friday 22. of July did Resolve Members to attend That the Members of Parliament who have had Letters to attend the service of the Parliament or have actually attended since the 7th of May 1659. be hereby injoyned to give their attendance in Parliament every Morning at eight of the clock for fourteen dayes and if employed by Parliament within a fourtnight Alas poor men the harvest truly was great but the labourers few therefore it was time to call for more help for which now they are so put to it that they hardly know which way to turn themselves they complain of designes of buying up of Armes to disturbe the peace which made a great one among them say this restless Spirit of the common Enemy should excite the friends of the Common-wealth to diligence and to study unity that advantage may not be given by divisions but that we may be all of one Spirit to uphold and promote the common cause that hath been contended for And the better to colour their villanies according to their usuall custome in like cases when they had mischief to do they set apart a day of fasting and humiliation A fasting day set a part for mischief and to shew that they were the same men and of the same if not worse mind than formerly for rapine and blood they proclaim J. Mordant Esquire with severall others traytors and order the Lady Howard Sr. E. Byron and Mr. Sumner to be brought to a speedy triall for dangerous and trayterous designes of bringing this Nation into blood and confusion again that is for endeavouring to restore his Sacred Majesty to his lawfull birth-right and dominions for which the
he supposed would be a full and a free Parliament upon whose resolves as himself so he doubted not but the whole Nation would acquiesce he told them the house was open for them to enter and prayed for their good success The secluded members being thus admitted How they begin and wherein proceed fall immediately to work where they were abruptly forced to break of in December 1648. Confirming their Vote made then by another now that the concessions of the late King were a sufficient ground to proceed on for setling the peace of the Kingdom hereby not only vindicating themselves but as it were at once disanulling all that had been done as dissonant thereto during the whole time of their recess This began to infuse a new spirit of life into the Kingdom in whom at this springing season of the year began a new to bud and peep out the bloomes of a too long frost-nipped loyalty so that one now might have seen what twenty years before could never shew countenances that lately were dejected through the cruell tyranny of their Aegipitian task masters now gather cheerfull looks and like fresh blown roses yield a fragant savour The Parliament thus sitting freely vote his Excellency Lord Generall of all the forces in England Scotland and Ireland by vertue of which Commission he disarmes all the Phanatick party both in City and Country the Parliament in the mean time providing to secure the Nation by two seasonable Acts the one of Assessment and the other of the Militia the last impowering and arming Gentlemen and Men of worth and power to stand up for their Liberties and Priviledges and put the Country into a posture of defence against all encroaching pretenders whatsoever and the former enabling them to raise moneyes which are the sineues of war for maintaining of the forces so raised to assert their and our rights Thus setling the ancient Government of the City and vacating the Phanatick power in the Country they commend the establishment of the Nation to a full and free Parliament to be called the 25th of Aprill 1660. Issuing out writs to that purpose in the name of the keepers of the Liberty of England by authority of Parliament and setling a Councell of State of most discreet and moderate men to whom the affairs of the three Nations in the intervall and untill the meeting of the Parliament on the aforesaid 25th of Aprill was committed who with much discretion managed their power to the satisfaction of all sober minded men and so saving to the house of Lords their rights notwithstanding the Commons were in this Juncture of time put upon necessity to act without them commending the Souldiery once more to his Excellency upon the sixteenth day of March in the year of our Lord 1659. a day worthy to be remembred they dissolved themselves Lorg P. legally ended and so at last put a legall period to that fatall long-Parliament which could not be dissolved by any but by it self And thus we see Independency laid in the dust and ready to give up the ghost and indeed not long after we shall see fully to expire the Prodromi of whose miserable end might be these and the like The Councel of State in this intervall of power The intervall with very great caution and wariness manage their affairs turning neither to the right hand nor to the left but keeping a direct course as knowing in medio ibunt tutissimi they set out a Proclamation against all disturbers of the peace under what pretence or name soever sparing none that in a time of such hopes durst either move a hand or tongue to work a disturbance taking care also that the order of the last Parliament touching elections should be duly and punctually observed as considering that the peace or ruine of the Nation would lye in their hands Elections for a new Parl. His Excellency the Lord Generall in this interregnum accepts of severall invitations and treatments in the City by several of the worthy companies yet still having an eye to the main he keeps close to his Officers who were not yet fully resolved and often confers with them in a more familiar manner than ordinary whereby he so wrought on them that at last he brought them to declare that they would acquiesce in the resolves of the approaching Parliament and indeed this was a shrewd forerunner of the fall of Independency as I said before whose only hope was builded on the averseness of these men to lawfull power which when they saw frustrated they might well depair yet endeavour once more to endeavour a confusion which being observed by the Councell and that a discontented Spirit possessed some of the old Officers and Grandees according to the power given them to that purpose they send for all suspected persons confining them unless they subscribed an engagement to demean themselves quietly and peaceably under the present Government and acquiesce submissively in the determination of the Parliament next ensuing which reasonable engagment Lambert and some others refusing were carefully confined to several prisons by which means the peace was wonderfully preserved but notwitstanding all this care such were the restless endeavours of that divellish faction that whether by the neglect or treachery of his keepers is not yet known Lambert gets out of prison cuningly who being a man of loose principles and desperate fortunes so encouraged the Phanatick party and stirred up their drooping Spirits that they began to threaten great matters and for perfecting their wicked design begin to gather to an head near Edg-hill which they hoped would prove to them an auspicious Omen for the beginning of a Second war but Heaven would no longer wink at such intollerable villanies for the sins of these Amorites were fully ripe for judgment so that they were discovered and quickly nipped in the bud Lambert and his accomplices being so eagerly pursued by Col. R. Ingoldsby that they were suddenly forc'd to scatter and shift for themselves by flight Taken and sent to the Tower neither was that so swift or secure but that Lambert was taken prisoner by the said Col. Ingoldsby and sent prisoner up to London at which time passing by Hide park on the twenty fourth of Ayril he saw all the City Regiments both of horse and foot Trayned Band and Auxiliaries complered armed and trayned and ready to hazard their Lives and Fortunes against all seditious and factious Traitors to their King and Country The news of this first appearance of armed loyalty being spred abroad into the Countreys The first loyal muster did so animate and encourage the old oppressed that casting off their fetters and fears together they begin to appear in their wonted guise and because they were by the Phanaticks traduced as men of blood and full of revenge not to be satisfied but with the utter ruine of their adversaries thereupon to undeceive the vulgar who might possibly have been misled by such
lies if not answered did from their several and respective Counties as also in the Cities of London and Westminster declare The Gentry declare that they were far from any thoughts of revenge it belonging to God alone alluding to that text of Scripture Vengeance is mine I will repay saith the Lord but as for Justice they would acquiesce in the judgment of the approaching Parliament This being done and the whole Parliament at the appointed time The Parliament begins beginning first with their duty to God they follow that golden Pythagorean rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving him hearty thanks for that their freedome of meeting which when they had cordially done they fell in order to their Governour First They fear God then honour the King As the same Pythagoras goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Heathen we see by the meer light of Nature could dictate that which our Grand Enthusiasts of Religion would not for these many years by the ignis fatuus of their new lighted notion walk after But the Parliament were better principled for after their devotions regularly paid to God they in the very next place own their duty to their Prince upon the first day of May a happy day to be remembred to posterity voting the Government to be by King Kingly government voted Lords and Commons a constitution so incomparably mixed that it may rather be admired then envied neither were they satisfied to rest there but on the Eighth day of the same May caused his Majesty to be proclaimed King of England King proclaimed Scotland France and Ireland which was performed with so much Solemnity and Joy as I presume England I dare say hardly any Kingdome in the World ever saw or were sensible of the like the shouts and acclamations of the pleased people rending the very skies as a token of their extraordinary Thankfulnesse to Heaven and at night by the multitude of their bonfires turning the Darknesse into a kind of lightsome day This hapy beginning thus owned by the general consent of all honest men made the Parliament resolute to prosecute their begun endeavours which the more orderly to do for order befitteth men best both as Subjects and Christians they immediately prepared Commissioners Commissioners sent to the King who were persons choyce for their integrity and wisedome like those heads of the children of Issachar which were men that had understanding of the times to know what Israel ought to do being intrusted to wait on his Majesty and to desire him to come to his Parliament and People with all convenient speed Before whose arrival his Majesty had withdrawn himself from Bruxels not upon any account as was by the ignorant and malicious insinuated but out of a design of safe guard to his own sacred Person as knowing those two principles of the Romanists si violandum est jus Regni causa violandum est and nulla fides servanda est haereticis might prove dangerous if not fatal to his interest as affairs then stood He well remembred Richard the first his case sirnamed Caeur-du-Lion and what his detention once cost England and therefore had no reason to cast himself into the like hazard Therefore having discharged all Accounts whatsosoever at Bruxels he as I said removes his Court to Breda As that first he might hold the more certain and quick intelligence with his friends in England where there hardly wanted any thing to complete his Restoration and the Kingdomes satisfaction but his Personal presence so in the second place he there knew himself safe being within the jurisdiction of his beloved sister the Princesse Royal Mary Princesse of Orange King at Breda whose tender love and zeal to him in his affliction deserves to be written in brasse and graven with the point of a Diamond During the time of his residence there to shew himself to be a second Solomon a Prince of Peace and not onely so but the most pious and merciful of Princes who was wise as a Serpent yet innocent as a Dove by the Honourable the Lord Viscount Mordant and Sir Richard Grenvile since by his Majesties special grace created Earl of Bath Gentleman of his Majesties Bedchamber He sent a most gracious Declaration with respective Letters to the Lords to the Commons to the City and to the Army Whetein His Majesties Declaration layes Independency dead His Majesty first offers a Pardon for all miscarriages and misdemeanors against his Father or himself to all persons such onely excepted as shall be excepted by the Parliament promising likewise securitie to all whose guilt might otherwise endanger them so as they laid hold on his Majesties Pardon within 40. dayes after the publication thereof 2. He refers the purchasers of Kings Queens and Bishops Lands to Justice to the Law and to the Parliament 3. He assures the Souldiery of their Arrears for past services although done against him and of incouragement and pay for the future under him This Declaration was received with no ordinary joy and solemnity the messenger Sr. Iohn Greenvil being rewarded with 500. pounds ro buy him a Jewell and upon reading thereof and a conference had with the Lords who had now reassumed their Native right by taking their places in the higher House they agree unanimously each in their several house That a Letter be sent in answer to his Majesties gracious Letter and Declaration superscribed To his most Excellent Majestie which were since more immediately drawn up and sent by Commissioners before prepared as is already mentioned sixe from each House who were in the name of both Houses 1. To give his Majesty most humble and hearty thanks for his gracious Letter and Declaration 2. To desire his Majesty to return to the exercise of his Regal Office and come to his Parliament and people with all speed possible And thirdly to that purpose to desire him to appoint a place for the Navy to attend him the Commissioners that went from the house of Peeres were these The Earl of Oxford Earl of VVarwick Earl of Middlesex Lord Brook Lord Berckley Commissioners names that went to the King Lord Visc Hereford Of the House of Commons were selected these following Lord Charleton Lord Bruce Lord Falkland Lord Mandevile Lord Herbert Lord Fairefax Sir George Booth Sir Iohn Holland Sir Antho. Ashly-Cooper Sir Horatio Townsend Sir Henry Cholmly Mr. Hollis The City of London having also received the like Letters and Declarations the Lord Mayor Aldermen and Common-Council appoint a loyal and humble answer to be returned wherein they give his Majesty thanks for his tender care grace and favour to their ancient and renowned City which was sent by these worthy Gentlemen For the City of London Alderman Adams Recorder VVilde Alderman Robinson Alderman Bateman Theophilus Biddolph Richard Ford Alderman Vincent Alderman Frederick Alderman VVale John Lewis Esquire William Bateman Esq Alderman Bludworth Major
Chamberlin Colonel Bromfield Sir James Bunce Bar. Alderman Langham Alderman Reinoldson Alderman Brown Sir Nicholas Crispe Alderman Tompson All these Letters were sent away but the first that arrived to his Majesties hand was from his Excellency the Lord General Monck who by the leave of the House sent the same by his brother in Law Sir Thomas Clergies who was as being the first beyond all expression welcome and after some long but not tedious conferences Knighted and at length dismissed with as much kindnesse as he was at first received with joy Commissioners how received by the King After whom arrived shortly all the forenamed Commissioners together with some of the Ministry and were received by his sacred Majesty his two illustrious brothers of York and Glocester and his sister of Orange with demonstrations of affections on both sides such as are not capable of a description by my rude pen for they were such as may be imagined onely not defined like the joyes of a condemned soul now at point to dy when suddenly and beyond expectation it is not onely snatcht out of the very jawes of death but mounted aloft into a seat of Honour how it is even overpressed with the overflux of such a sudden yet joyful change and stands extasied not knowing or at leâ—st not well discerning the realities of those violent emotions under the happinesse whereof it at present labours which surpassing joy grown over and they dismissed with abundance of satisfaction with all speed his Majesty according to the earnest request of his Parliament prepared for England his Royal brother the most illustrious Duke of York Lord high Admiral taking order for the Navy And in the way to the Sea-side his Majesty was honourably entertained by the States General at the Hague of whom having taken his leave and thanked them for their Treatment and Presents he proceeded in his journey During this time the Navy under the conduct of General Mountague was come to attend and wait on his Royal pleasure upon notice of which attended by the Princesse of Orange and her son and the Queen of Bohemia he comes aboard the Naseby Frigot The King comes aboard for England and lands at Dover by him then named the Charles and after a repast there parting with high satisfaction pleasure and content on both sides with his Royal and Princely attendants he lanched forth and quickly with a prosperous and safe gale of wind anuuente Coelo came within two leagues of Dover Monck meets him a place formerly not so infamous for receiving the Barons in their rebellious wars against the King and harbouring Lewis of France as now it was famous for its loyalty in the joyful reception of its lawful Soveraign when he was come thither he sends Post for the General being resolved not to set foot on English ground till he came thither who upon the first hearing of that happy news presently took Post to meet him having before taken care for Pallaces to entertain him and left order for several Regiments of Horse to attend him for his Majesties security Providing with valor against open enemies and with prudence against pretended and basely false friends which being performed according to Order His Excellency waites upon his Majesty at Dover He is no sooner come thirher but upon knowledge thereof the King Landed at whose Honored feet in the most humble posture of a Loyal Subject on his Knees Our Great General presents himself and was received and imbraced by his Majesty in the open armes of an endeared mercy with so much affection as might well manifest the great respect the King bore to his high deserts for to shew that his embrace was signal and far from a meer complement he went nearer and kissed him No endearment is ever thought too great where there is grounded Love neither rested he there but like a true friend and lover indeed takes a delight in his society for the more clear demonstration whereof to all the world he took him with his two Brothers the Dukes of York and Glocester into his Coach with him to Dover aforesaid KINGS journey to London and the manner of it where after a dutiful acknowledgment from the Magistrates there and solemn though short entertainment he rid to the City of Canterbury so famed for her Arch-bishops Sea his Majesty being in the middle between his two brothers and the Duke of Buckingham and the General riding bare before him In this Equipage with the whole Gentry and Nobility of England attending and thousands of the meaner ranke he arrived as I said at Canterbury being met by the Magâ—stracy in their richest habiliments of Honour and by the Ministry of the place who after a grave Speech and hearty Gratulation presented him with a rich Bible as He was Defender of the True Faith and afterwards with a Golden Boul full of Gold rendring it as a Tribute to him to whom Tribute was due From Canterbury where he rested all Sunday and gave thanks to God his Father and mighty Deliverer On Munday he came to Cobham-Hall in Kent a House belonging to the Duke of Richmond but without any stay there passed on the same night to Rochester from whence on Tuesday May the 29. the day of the week which was fatal for the murther of his Royal Father but happy to himself not onely for his Birth but also for giving the first hopes of his long wished and prayed for return by the Vote of the Parliament on Tuesday the 1. of May and his being proclaimed nemine contradicente on Tuesday the 8. of May. I say on that day attended by the Duke of Buckingham the Earle of North-hampton the Earle of Cleaveland the Earle of Norwich the Earle of Shrewesbury and many others with their several respective Troops of the choyce Nobles and Gentry of the Land and his Excellency with many Regiments of his best Horse the Lord Gerard with the choyce Life-guard and the whole Countrey flocking in cutting down Palmes and strowing the wayes with all sorts of Fragrant Flowers and decking the Lanes and Passage with the greatest variety of Country Pomps Garlands beset with Rings Ribands and the like the Air ecchoing all along and redoubling the perpetually iterated Hosanna's He came to London The Metropolis of his Kingdome whose preparations were no lesse sumptuous then joyful making a short stay onely at Black-heath a place many yeares since and more then once noted and remembred for the tumultuous assemblies of several Rebels but now much more famous for the united Congregation of the whole Kingdomes Loyalty from hence about n on order was given for a speedy march to London in which Major General Broun did lead the Van with a compleat Troop of Gentlemen all in cloth of Silver Doublets Alderman Robinson followed him with an other select company the severall Lords came after with their respective Troops then came the Life-Guard After the Marshals and Heralds with some antient Lords
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
out of the way the King the first and most visible legall Authority they will now put downe the Parliament the second visible Authority of England who are now the onely Bulwarke against the Tyranny of the Sword and then as Major White said at Putney long since there will be no visible Authority left in England but the power of the Sword which will introduce a new Parliament or rather fantastical new invented Representative destructive to Parliaments all of their owne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That nâ—ne shall be capable of Electing This is so explained by the Moderate one of the raling Pen-men of the Faction who hath a large share in the 500. or 600. a year allowed to these Pamphletires for divulging State-lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shall sign to the Agreement of the People which is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchical Principles in the beginning of this Paragraph nor any that oppose this Agreement By what Authority but the arbitrary sway of the Sword shall Freemen be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Law and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and we are their Slaves 3. That Elections may be so distributed as to render the House of Commons a Representative of the whole People that is tagge and ragge and Canting Beggers who have nothing to give or lose as well as Free-holders so farewel Writs of Summons and all orderly legal formes if all men without any distinction may Elect and be Elected all will fall into confusion the Rabble will never agree all things will tend to Riots and Tumults so that the better and soberer fort will and must forbeare and leave all in the hands of the Rascallity and at last no Representative will be chosen or such an one as the People will be ashamed to owne and will desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice how frequent Civil Warres are in all Elective Kingdomes during the interregnum or space between the death of the old and choice of the new King how obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland and heretofore Bohemia and Hungary tell all Histories are full of examples yet if our elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crowne Revenues be otherwise disposed of as is inferred and their Heads exposed to the humours of the People or their Representative the Office will be so unworthy of any wise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I do hereby give my voice to Cromwell the perfidious Brewer catch who catch can let them agree amongst themselves I care not which of the two shall be set up for the new States Scar-Crow This Remonstrance was about a Week after seconded with a most insolent threatning Declaration composed altogether to terror it was occasioned as followeth About the latter end of November the Parliament was informed the Army was upon their march to London whereupon not without great opposition by the Armies Party in the House and with great caution it should be mannerly phrased for feare of angring his insolency a Letter was Voted to be sent the Generall forbidding his neerer approach In contempt whereof the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to Westminster to doe what God should enable them unto The same night they came to Hyde-Parke-corner and kept Guards there Hereupon it was put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the cowardice of some whose hearts now began to melt and the impudent restlesse bawling of those cheating Saints that comply with the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Answer was debated and as a prologue to it young Sir Henry Vane a Whelpe of the Old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speak more plainly We shall discover who are the Kings Party in the House and who the Peoples To which was Answered That since this Gentlemen were so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in minde of another Division of the House Sir you will find some desirous of peace and they are Losers by the Warre Others are against peace and those are Gainers by the Warre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feete for till then the Ballance of the Common-wealth will never stand right towards a settlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principal Publican and Treasurer they get constantly above 6000 l. per annum between them besides private cheats by paying half Debts and taking Acquittances for the whole and then discounting for the whole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much wealth as makes him sawcy enough to hire William Lilly and other Pamphletiers to derive his Pedigree from John Holland Duke of Exeter although it be knowne he was originally a Link-boy but he is now one of the New Lights an illuminated Brother Master Pryn moved the debate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army but said Mr. Rich. Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the General took possession of White-Hall for his Quarters 20. The Generall
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Statute of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloudy murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such commissions and proceedings and by the power of an Army to enforce them and the Judges Justices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high * * Whereupon six Judges refused to accept any new Commissions or to act as Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their oaths covenant callings and places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your Treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanours by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper Every Act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to confer with Him as His Parliament and Councel about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4. c. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the great Seale of England Judges of the Kings Courts Justices of Peace Sheriffs Excise-men Customers and the like with all Committees and ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Jacobi ch 1. and by all the Judges of England since Coke 7. Report f. 10 11. in Calvins case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their blouds to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through fear terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested