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A66820 The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.; High court of justice Walker, Clement, 1595-1651.; Andrews, Eusebius, d. 1650. 1651 (1651) Wing W324D; ESTC R203985 41,776 78

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of all the blood shed this warre and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Triall that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither law President formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawfull Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and Properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse Chaos of their Arbitrary Domination They erect an Extrajudiciall unpresidented High Court of Justice to Try or rather to condemn without Triall the King Consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchicall faction Amongst whom were many low conditioned mechanicks and Banquerouts whose fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices as a reward for that Royall Bloud they spilt The King the Fountain of Law Justice Mercy Honour War and Peace The Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and Banks of the Sea had been overturned an impetuous innundation of bloudy thievish Tyranny and Oppression brake in udon us So that no man can call his life liberty house lands goods or any other his Rights or Fraunchises his own longer than the gratious aspect of some of our Graundees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident therto They passe misbegotten Acts of Parliament one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number And leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as wel as deeds within the compasse of that offence and making many duties to which the laws of God and the land the Protestation and Covenant the oaths of allegeance obedience and Supremacy oblige us to be high Treason these new acts of Treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe dretended Hcts. 1. To Disinherit his children 2. To abolish Kingly Government for ever 3. To convert our ancient well tempered Monarchy into that which they call a Common-wealth or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government Wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the People in generall 4. They Constitute a Senate or Councel of State of 40. men amongst which some Trades-men Souldiers illiterate Lawyers Parliament Members men already engaged over head and ears in sinne therefore to be confided in to these or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and hast to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannicall Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they toook upon them the Supreme Authority of the Nation subverted our well mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them as many of the Secured and Secluded Members Ministers and other Phesbyterians as they could to the end that ex post facto being guilty of their Sinnes they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivalls but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endevour was how to dimmish the number of their Opposites Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Ponyards were provided last Winter 1649. But same prevented this plot which coming to be the Common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no lesse bloudy then and as effectuall as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act ● Jan. 1649. To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty then To be totally deprived of all Benefit of Law whatsoever Now the Laws of the Land being the onely Conservators of our lives Liberties and Estates without which lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and Injustice and our Lives and Persons to wounds and Murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers and to pay themselves their Arrears of which these Parliament men have cousened them out of their Estates and though the
Souldiers were not so wicked as their Masters Yet we daily see many good Families in England despoiled of their Estates for want of protection of the laws brought to miserable beggery rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known law of this land which this Parliament hath declared to observe and keep in all things concerning the lives liberties and properties of the people with all things incident thereto contrary to this Parliaments reiterated votes that they would not change the Ancient Government by a King Lords and Commons And contrary to the Oathes of Allegeance Obedience and Supremacy whereby and by the Stat. of Recognition 1. Jac. our Allegeance is tied onely to the King his Heires and Lawfull Successers from which no power on earth can absolve us and so much we attest in the Oath of Supremacy Politicus Interpreter to our new State-Puppet play Numb. 19. from Sept. 19. to Sept. 26. out of the dictates of his Masters tells us that in Answer to the Kings Act of oblivion granted the Parliament intends to passe an Act of Generall pardon for which they expect in future a Generall obedience submission to the government you see though they will not be the Kings subjects they will be his Apes and in the beginning of the said Pamphlet Politicus saith That Protection implies obedience otherwise they may be handled as publike Enemies and outlawes and ought to be destroyed as Traitors Here you have the end to which this generall pardon is intended it is but a shooing-horn to draw on the utmost penalty upon Non-engagers appointed by the said pretended Act 2. Ian. 1649. to weed them out of this good Land that the Saints only may enjoy the earth and the fullness thereof to which purpose all their new coyned Acts and Lawes are directed The Scripture points forth these kind of men when it saith The Mercies of the wicked are cruell The sum of all is If we will not acknowledge Allegeance to these Mush-romes we shall be Traitors without Alleageance a Treason never yet heard of in any Law If we will acknowledge Allegeance we put our selves in a capacity to be Traitors when they shall please to make us such But let them know That we are all Englishmen Free-born alike under the Protection of an antient legall Monarchy to which we owe Alleageance and how we come to forfeit that legall Protection our setled laws and Government and be subjected to a New unknowne Protection obtruded upon us by a Company of upstarts Mushromes of Majesty so meane in birth and breeding for the most part that the place of a Constable equalls the highest of their education imposing what Lawes and conditions upon us they please I would be glad to heare without being hindered by Guns Drums High Courts of Iustice and other Instruments of violence Murder But the greatest Mistery in this cheat is That our Self-created Supremists having voted the originall power to be in the people and but a derivative Authority to be in themselves as the Representative of the people should notwithstanding so yoake their Soveraigne Lord the people and make them pay Allegeance to their own Delegates the 8. part of a House of Commons under the penalty unless they subscribe as the far major part have not of outlawing and depriving all the people of this Land of all benefit of the Lawes they were born to and consequently of annihilating and making them no longer a Nation or people As if they were meer Salvages newly conquered collected and formed into a Politike body or Commonwealth and endowed with Laws newly invented by these Novice Statists But the unlawfullness of the said Engagement with the Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their Plea for Non-Subcribers Therfore I passe on to my principall scope The second Engine appointed to root out all such as are of a different Party The High Court of Iustice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Iustice I must consider 1. By what Persons and Authority this new erected unpresidented Court is constituted 2. Of what Persons it is constituted 3. The way and manner of their proceedings What formalities and Lawes they observe therein How sutable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudiciall Court are the present pretended Parliament consisting of 40 or 50 thriving Commons only who conspired with Cromwell and the Army to expell 7. parts of 8. of their follow-Members without any cause showne abolished the House of Peers erected this High Court of Iustice in nature of a Court Martiall to murder the King abolished Kingly Government Turned it into a thing they call a Free-State disinherited the Royall Family and now usurp to themselves without any calling from God or the People more then a Regall Legall or Parliamentary Authority wherewith they have subverted the Fundamentall Government Religion Laws Liberties and Property of the Nation and envassallised enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudiciall Court is The usurped Legislative power By colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Iustice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great happy Parliament printed by William Cook 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdom wherin the King as head The Lords as the more Noble the Commons the other Members are knit together as one body Politick The Lawes are the Arteries Ligaments that hold the body together And a little after Its Treason to embesell a Judiciall Record Strafford swept them all away It s Treason to counterfeit a 20s peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s Treason to counterfeit the great Seale for an acre of Land no property hereby is left to any Land at all no more is there by the votes practise of our new Supremists thus far Master St. Iohns But that the Parliament doth necessarily consist of the King the two Houses assembled by his Writ can passe no Act without their joint consent See the Praeambles of all our Statutes all our Parliament Records all our Law Books Modus tenendi Parliamentum Hackwells manner of passing Bills Sr. Tho. Smith de Repub. Anglorum Cambdeni Britannia All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is
with not by absolute power as formerly had bin used and as is now used by this bloudy High Court But before these Slaughter-men of the High Court all manner of witnesses Legal or Illegal one or two sworn or not sworn or apparently forsworn and suborned and all proofes cleere or not cleere are sufficient The Prisoner is sent thither fore-doomed and hath his deaths Marck his fate in his forehead 10. The said Act 26. March 1650. Carries two faces under one hood and looks backwards as well as forewards To facts Precedent as well as Subsequent the said Act Contrary to the Nature of all Laws whose Office is to prohibite before it punish to warn before it strike Where St. Paul defineth Sinne to be The breach of Commandement or Law I had not known Sinne but by the Lawe The Law must therefore be precedent to the Offence But these Acts are not Laws to admonish but Lime-twigges and Trappes to ensnare and Catch men See Col. Andrewes 3. Answers at the latter end of this Book Fourthly and lastly I am to consider To what end and purpose this New invented High Court is constituted and appointed Concerning which see a Letter dated 6. June 1650. Stilo veteri from the Hague supposed to be Walter Strick-lands the Parliaments Agent there as I finde it in Walter Frostes Brief Relations of some Affairs and Transactions c. from Tuesday June 11. to June 18. 1650. wherein the Epistoler hath these words One peece of the cure viz of the daungers that threaten your New State must be Phlebotomy but then you must begin before Decumbency and then it will be facile to prevent danger c. They are here most of all affraid of your High Court of Justice which they doubt may much discourage their party they wish you would not renewe the power thereof but let it expire then they think that after Michilmas they may expect Assistance with you And indeed that Court is of almost as much use to you as an Army and will prevent the rising of as many Enemies as the other will destroy onely you must be sure to execute Justice there with all Severity A few of the first stirrers taken away by the power thereof without respect to cousen or Countrey will keep all the rest quiet But whosoever that Court condemns let them be as already dead c. But let them be most free in cutting the vena Coephalica that is the Presbyterian Party for the Basilica or Royal Party will be latent The Median or levellors would be spared as much as may be that the body be not too much emaciated Besides the bloud is most corrupt in the Coephaliks or Presbyterians and is the very causa continens of your disease You need not fear to take freely of this vein c. Heere you see this State-Mountebancke gives you the use and Application of this corrasive The High Shambles of Justice so fully that I shall not need to comment upon it And in the latter end of a Letter from Cromwell dated from Dunbar 4. September 1650. as I finde it in Politicus speaking of his new purchased victory over the Scots Cromwell saith God puts it more and more into your hands to improve your power viz. your absolute Authority wee pray own his People more and more that is The Army they are the Chariots and Horsmen of Israel of the Kingdom of the Saints disowne your selves but owne your Authority vvhich you enjoy under the Protection of the Army your Lords Paramounte and improve it to Curbe the Proud and the Insolent c. That is all men of different Opinions and Parties from them that will not engage to be true and owe Allegeance to the Kingdom of the Saints and resigne their Lawes Liberties and properties to their lusts and wills That I have not misconstrued the contents of Cromwells mistical Letter will appear by a Discourse in the same Politicus Numb. 17. from Thursday September 26. to October 3. 1650. Where according to his Custom delivering forth State Oracles to the people He tells them in plaine English That after the Confusions of a Civill warr there is a Necessity of some settlement and it can not in reason be imagined the Controversy being determined by the sword that the Conquerers should submit to the conquered though more in number then themselves Nor are they obliged to settle the Government again according to the former Laws and Constitutions but may erect such a form as they themselves conceive most convenient for their own preservation For after a Civil war the written Laws viz. established Laws of the Nation are of no force but onely those which are not written And a little after The King having by Right of war lost his share and interest in Authority and power being conquered by Right of war the whole must needs reside in that part of the People which prevailed over him There being no middle power to make any claim and so the whole Right of Kingly Authority in England being by Military Decision resolved into the prevaling Party what Government soever it pleaseth them to erect is as valide de Jure as if it had the consent of the whole Body of the People That he should affirm That after a Civil war the Established Lawes cease is so grosse a piece of Ignorance that there is hardly any History extant but confutes it After our Barons warr and the Civil warr between York and Lancaster Our Established Laws flourished so did they after the Norman Conquest How many Civil Warrs in France have left their Lawes untouched That of the Holy League lasted 40 years Belgia keeps her Lawes maugre her intestine Warrs What is now become of the Parliaments declared Supream power and Soveraigne Lord the People the Originall and Fountain of all Iust power are they not all here proclaimed Ear-bored slaves for ever But I had thought that an Army of Mercinary Saints raised payed and commissioned by the Parliament to defend the Religion Lawes Liberties and Properties of the People and the Kings Crown and Dignitie according to the Protestation and Covenant and the Parliaments Declarations would not have made such Carnal and Hypocriticall use of their Victories gotten by Gods Providence and the Peoples Money as to destroy our known Laws Liberties and Properties and claim by Conquest and impose their own lusts for Laws upon us Thereby rendering themselves Rebells against their God their King and Countrey Nor was it ever the State of the Quarrell between the King and Parliament whose Slaves the People should be Or whether we should have one King Governing by the known established Lawes or 40 Tyrants Governing by their owne lusts and Arbitrary votes against our written Lawes Nor can the successe make a Conquest just unless the cause of the warr were Originally just and the prosecution thereof justly managed As 1. To vindicate a Just Claim and Title 2. Ad res repetendas To recover Dammages wrongfully sustained