THE HISTORY OF INDEPENDENCY WITH The Rise Growth and Practices of that powerfull and restlesse FACTION D us AMBROSIUS Nec nobis ignominiosum est pati quod passus est Christus nec vobis gloriosum est facere quod fecit Judas TACIT Scelera sceleribus tuenda VIRGILIUS sua cuique Deus fit dira libido 1 St. JOHN C. 2. V. 16. Quicquid est in mundo est concupiscentia oculorum concupiscentia carnis aut superbia vitae Printed in the yeare 1648. Reader GEntle or ungentle I write to all knowing that all have now got almost an equall share and interest in this Gallymaufry or Hotchpot which our Grandee Pseudo-politicians with their negative and demolishing Councells have made both of Church and Common-wealth and therefore I write in a mixed stile in which I dare say there are some things fit to hold the judgments of the Gravest some things fit to catch the fancies of the lightest and some things of a middle nature applying my self to all capacities as far as truth will permit because I fore-see the Catastrophe of this Tragedy is more likely to be consummated by maltitude of hands then wisdome of heads I have been a curious observer and a diligent inquirer after not only the actions but the Councels of these times and I here present the result of my endevours to thee In a time of mis-apprehensions it is good to avoid mistakings and therefore I advise thee not to apply what I say to the Parliament or Army in generall if any phrase that hath dropped from my pen in haste for this is a work of haste seem to look asquint upon them no it is the Grandees the Junto-men the Hocas-pocasses the State-Mountebanks with their Zanyes and Jack-puddings Committee-men Sequestrators Treasurers and Agitators under them that are here historified were the Parliament the major part whereof is in bondage to the minor part and their Janisaries and the Army freed from these usurping and engaged Grandees who betrayed the honour and Priviledges of Parliament and Army to their own lusts both would stand right and be serviceable to the setling of a firme lasting peace under the King upon our first principles Religion Laws and Liberties which are now so far laid by that whosoever will not joyne with the Grandees in subvetting them is tearmed a Malignant as heretofore he that would not adhere to the Parliament in supporting them was accounted so that the definition of a Malignant is turned the wrong side outward The body of the Parliament and Army in the midst of these distempers is yet healthy sound serviceable my endeavour is therefore to play the part of a friendly Phisician and preserve the body by purging peccant humours were the Army under Commanders and Officers of better principles who had not defiled their fingers with publick monies their consciences by complying with and cheating all Interests King Parliament People City and Scots for their owne private ends I should think that they carried the Sword of the Lord and of Gideon but clean contrary to the Image presented to Nebuchadnezzar in a dream the head and upper parts of this aggregate body are part of clay part of iron the lower parts of better mettle I cannot reform I can but admonish God must be both the Aesculapius and Prometheus and amend all and though we receive never so many denialls never so many repulses from him let us take heed how we vote even in the private corners of our hearts no Addresses no Applications to him Let us take heed of multiplying sins against God lest he permit our schismaticall Grandees to multiply Armies and forces upon us to war against Heaven as well as against our Religion Laws Liberties Properties upon Earth and keep us our Estates under the perpetual bondage of the Sword which hath been severall waies attempted in the Houses these two last weeks both for the raising and keeping of a new Army of 30000. or 40000. men in the seven Northern Associate Counties upon established pay besides this Army in the South and also for the raising of men in each County of England and all to be engrossed into the hands of his Excellency and such Commanders and Officers as he shall set over them and this work may chance be carried on by the Grandees of Derby-house and the Army if not prevented for the Generall notwithstanding this power was denied him in the House of Commons hath sent Warrants into most Counties to raise Horse and Foot yea to that basenesse of slavery hath our Generall and Army with their under-Tyrants the Grandees brought us that although themselves did heretofore set the rascallity of the Kingdome on worke especially the schismaticall party to clamour upon the Parliament with scandalous Petitions and make peremptory demands to the Houses destructive to the Religion Laws Liberties and Properties of the Land and the very foundation of Parliaments to which they extorted what Answers they pleased and got a generall Vote That it was the undoubted right of the Subject to petition and afterwards to acquiesce in the wisdome and justice of the two Houses Yet when upon 16. of May 1648. the whole County of Surrey in effect came in so civill a posture to deliver a Petition to the Houses that they were armed for the most part but with sticks in which Petition there is nothing contained which the Parliament is not bound to make good by their many Declarations and Remonstrances to the people or by the Oaths of Allegiance Supremacy or Nationall Covenant or by the known Lawes of this Land Yet were they 1. Abused by the Souldiers of White-Hall as they passed by where some of them were pulled in and beaten 2. When those Gentlemen of quality that carried the Petition came to Westminster-Hall they found a Guard of Souldiers at the dore uncivilly opposing their entrance to make their addresse to the House 3. When they pressed into the Hall and got up to the Commons dore they were there reviled by the Guard 4. The multitude which stood in the new Palace because some of them did but whoop as others did who were purposely set on work as is conceived to mix with them and disorder them were suddenly surrounded with a strong party of Horse from the Mewes It is reported by some that Sir H. Mildmay Col. Purefoy and the Speaker doubting the House would give too good an Answer to their Petition sent for these Horse Foot and some more Companies of Foot from White-Hall who by the appointment of the Committee of Schismaticks at Derby-house were ready prepared for this designe and catched them as it were in a Toyle and with barbarous and schismaticall rage fell upon these naked un-armed Petitioners flew and wounded many without distinction telling them They were appointed to give an Answer to their Petition and they should have no other as indeed they had not though the Lieutenant Colonel that did all the mischief was called
examined and acquitted them of and such as the whole Kingdome knows Cromwell and Ireton to be apparently guilty of as Trucking with the King c. One chief Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to passe Here you see where the shooe wrings them This Charge was not subscribed by any Informer that ingaged to make it good or else to suffer punishment and make the House and the Parties accused reparations as by the Stat. 25 Edw. 3. c. 4. 27 Ed. 3. c. 18. 38 Ed. 3. c. 9. 17 R. 2. c. 6. 15 H. 6. c. 4. but especially by 31 H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be And they professed in the 2 3 4. Article of their Charge That they were disobliged and discouraged from any farther engagement in the Parliaments service or Irelands preservation and demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Lawes of the Land no Judgement could be given for their suspension upon that generall Charge before particulars produced and proofes made 17 17. Threates to march up to London 18 18. London solicited to sit Newters Yet the Army which had now learned onely to acquiesce in their owne prudence and justice insolently threatned to march up to Westminster against the Parliament in case the said 11. Members were not suspended and courted the City of London to sit newters and let them work their will with the Parliament The 11. Impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to doe After this the Army sent in their particular Charge and Libellously published it in Print by their own Authority To which the 11 Members sent in and published their Answer Upon which there had been no Prosecution because they pretend first to settle the Kingdome but if they stay till these fellowes have either authority will or skill to settle the Kingdome they shall not need to make ready for their Tryall till Doomes day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not onely accusers but parties witnesses and Judges and carrying the rules of Court and Lawes by which they judge in their Scaberds And the Charge or Impeachment such as all men know mutatis mutandis are more sutable to Cromwells and Iretons Actions then the Accused parties If the proceedings in the Kings name against the five Members mentioned in The exact Collection pag. 38. were Voted a Traiterous designe against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common-wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nicholls having the Speakers Passe and leave of the House Colonell Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his owne House 19 19. The first occasion of quarrell against the City 20 20. Courting and cheating the Country and all other interests to lull tâ—em asleep till the Grandees had wrought their will upon City Houses 21 21 Petitions to the Army and for the Army Whilst these things were acting Cromwell finding he could not have his will upon the Parliament but that he must make the City of London who had denyed the newtrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in was dangerous he therefore by many Printed books and papers spread all England over by his Agitators and by some journey-men Priests who 's Pulpits are the best Juglers Boxes to deceive the simple Absolon-like wooeth them to make loud complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace restorers of our Laws Liberties and Properties setlers of Religion preservers of all just interests pretending to settle the King in his just Rights and Prerogatives to uphold the Priviledges of Parliament establish Religion to reforme and bring to accompt all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all-devouring Excise and other Taxes To redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdome and Ireland both by Sea and Land into their Hands and Vote against all opposite forces But they are now become the only protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other facinorous persons who comply with them to keep up this Army for their own security against publick Justice Having thus courted and cheated all the publike and just Interests of the Kingdome they deceived the people so far as to make them Issachar-like patiently to bear the burden of free quarter and to make addresses to the Army for themselves by Petitions to which they gave plausible answers That this and This was the sense of the Army as if the sense of the Army had been the supream Law of the Land and to make addresses to the Parliament for the Army not to be disbanded for which purpose their Agitators carried Petitions ready penn'd to be subscribed in most Counties The people being thus lulled asleep 22 22 A quarrell against the City invented they now cast about how to make benefit of a joynt quarrell both against the Parliament and City since they could not separate them or at least against the Presbyterian party in both They had withdrawn their quarters in a seeming obedience to Parliaments commands 30 miles from London of which they often brag in their Papers and presumed the suspension of the 11 Members had strook such an awfulnesse into the Houses that most of the Presbyterian Members would either absent themselves as too many indeed did or turn renegadoes from their own principles to them but found themselves notwithstanding opposed and their desires retarded beyond their expectation by the remainder of that Party They must therefore finde out a quarrell to march against the City and give the Houses another Purge stronger then the former The Army being principled 23 23 The Army demand the City Militia to be changed into other hands and put into a posture sutable to Cromwells desire and the Country charmed
who can think that at the end of 20 yeares these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their owne Declarations Oaths and Covenants extorted and who can or dare wrest those powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habituall servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloudy presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyrannie They that could make steel sharp enough to cut Captain Barlyes throat for attempting to rescue the King out of the hands of a rebellious Army that neither obeyes King nor Parliament will find gold and silver enough to corrupt all the Judges they mean to prefer and make them wyld and vilde enough for their purposes But it is hoped he hath more of King more of man in him then to lose his principles and stumble againe at the same stone dash againe upon the same rock whatsoever Syrens sing upon it knowing he hath a Son at liberty to revenge his wrongs all the Princes of Christendome his Allyes whose common cause is controverted in his sufferings the greatest men of England and Scotland of his bloud and the people generally whose farthest designe was to preserve their Lawes and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have engaged them farther then they intended not to the defence of Religion Laws and Liberties but to the setting up of Schisme Committee law and Martiall law Impeachments before the Lords and unlimited slavery And I am confident this Faction despaire of working upon the King who like a rock in mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King he sent a Message to both Houses by way of prevention delivered in the painted Chamber by the Lord of Lauderdale one of the Scots Commissioners consisting of three heads 1. That He was taken from Holdenby against His will 2. That they should maintain the Honour and Priviledges of Parliament 3. That they should believe no Message as coming from Him during His Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old customer and hath been often cheated by them and having Him in strict custody peradventure they may perswade Him it is for His Safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and his Posterity and usurp His power in order to which they have overwhelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new addresses in private to Him notwithstanding their four Votes inflicting the penalty of Treason upon the infringers But Treason is as naturall to Cromwell as false-accusing protesting and lying he is so superlative a Traytor that the Laws can lay no hold of him Lieut. Col. Lylborne in a verball Charge delivered at the Commons Bar accused him of many Treasonable acts which the avoweth to make good and in his Book called A Plea for a Habeas Corpus But as if Cromwell were a Traytor cum privilegio the House of Commons being under his armed Guards dares take no notice of it But the Roman Tribune said to Scipio Africanus in Livy Qui jus aequum ferre non potest in eum vim hand injustam fore He that exalts himself above the law ought not to be protected by the law To conclude Cromwell hath lately had private conference at Farnham with Hammond The Earle of Southampton hath been courted to negotiate with the King and offered the two Speakers hands for his warrant Capt. Titus taken into favour and imployed that way These Grandees have brought themselves into a mist and now wander from one foolish designe to another The Spaniard is said to forecast in his debates what will happen forty years after But these purblind Politicians doe not foresee the event of their Councels forty daies nay howers beforehand but it is a curse laid upon wicked men to grope at noone day 76 76. Debates in the House of Commons upon the Scots Letters 1 1. Concerning the said four Votes About the 5. or 6. of Jan. 1647. the Scots Commissioners had written certaine Letters to the House of Commons one whereof repeating the four Votes against the King propounded to know whether the Houses by their Votes That no person whatsoever do presume to make or receive any Application or addresse to or from the King would debar the Scots to make or receive any Addresses to or from him and so put an incapacity upon Him to perform Acts of Government towards them In the debate the Independents called to mind a more antient Vote whereby it was ordered That the Scots might be admitted to the King Against which was alleaged That these latter Votes being made generall without exception Repealed that former Vote At last by an interpretative Vote it was concluded That notwithstanding the said four latter Votes the former Vote That the Scots Commissioners might make Addresses to the King was still in force Observe that this was done four or five daies after the Scots Commissioners were on their way towards Scotland The second Letter was concerning 100000l due by contract to the Scots from the Parliament 2 2. Concerning 100000l due to the Scots whereof 50000l was payable by assignement to divers Scots Gentlemen who had advanced money to hasten the Scots Army to our Relief whereof 10000l was payable to the Earle of Argyle Sir Henry Mildmay made a long Speech in praise of Argyle saying That he and his party and the Scottish Clergy were the onely men that upheld the English interest in Scotland and were better friends to us then all Scotland besides wherefore he moved that Argyle might be payed his 10000l and the rest continued at Interest at 81. per cent Presently the whole Independent gang with much zeale and little discretion ran that way untill more moderate men stopping them in full cry minded them what dishonour and danger they might bring their friends into by laying him open to suspition After this it was Resolved to send four Cōmons 77 77. Six Commissioners sent into Scotland and two Lords into Scotland as Commissioners with Instructions to send all Independents would not be acceptable Two Presbyterians Commoners therefore were sent one whereof was sweetned with the guift of 1000l
7. The Grandees of the Parliament and Army have brought the Kingdome to so miserable a condition that they have left no Authority in England able to settle peace the King is a close Prisoner to the Army therefore all he shall doe will be clearly void in law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegall Accusations Blancke Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Aegyptians did under vassalage to their own Mamaluchi or Mercenaries The people therefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdome 8 8. The two Vniversities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties are enemies to their barbarous irrationall and Russian way of Government 9. Many honest men took part with this Parliament 9 9. Many honest men seduced by faire pretences took part with them never intending to leave their first principles and enslave King and Kingdome seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the people and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdome to subvert the Laws Liberties and fundamentall Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoiles of the Common-wealth between them and think of enriching themselves with them in foraine lands yet many at the beginning much disliked that Religion should be used as an ingredient to the carrying on of a Civill War and that Schismaticks should have so great a stroak in managing the businesse yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high way he will not refuse to joyne with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designes had so often purged the Houses that they left few honest moderate men in them to oppose their projects still bringing in Schismaticks and men of their owne interests by enforced undue Elections into their rooms and so by insensible degrees new modelled the House sutable to their owne corrupt desires and new modelled this Army accordingly so that the people who had no intention to be intrusted so far were step by step so far engaged before they were aware that they could not draw their feet back and do now find to their grief that the Bit is in their mouths the saddle fast girt on their galled backs and these Rank riders mounted who will spur them not only out of their Estates Lawes and Liberties but into Hell with renewed Treasons new Oaths Covenants and Engagements if they take not the more heed and be not the more resolute they have changed their old honest principles and their old friends who bore the first brunt of the businesse and have taken new principles and friends in their roome sutable to their present desperate designes and now that they have squeezed what they can out of the Kings party they think of sequestring their old friends because they adhere to their old principles 10 10. Who are the King 's bitterest enemies 10. Amongst those that are most bitter against the King his own Servants especially the Judasses of the Committee of the Revenue that carry his purse and have fingered more of his mony and goods then they can or dare give an account for are the greatest Zealots those that take upon them imployments about his Revenue and share what allowances to themselves they please for their pains those that buy in for trifles old sleeping pensions that have not been payed nor allowed this thirty years and pay themselves all arrears those that rent parcells of the Kings Revenue for the eighth or tenth part of the worth as Cor Holland who renteth for 200l per annum as much of his Estate as is worth 1600l or 1800l per annum Thus you see the Lion Lord of the forrest growing sick and weak become a prey and is goared by the Oxe bitten by the Dog yea and kicked by the Asse Look upon this president you Kings and Princes and call to mind examples of old that of Nebuchadnezzar others lest by exalting your selves too high you provoke God to cast you too low The Epilogue I Am not Ignorant that there is a naturall purging a naturall phlebotomy belonging to politicke as well as to naturall bodies and that some good humours are alwaies evacuated with the bad yet I cannot but deplore what I have observed That the honestest and justest men of both sides such as if they have done evill did it because they thought it good such as were carried aside with specious pretences and many of them seduced by pulpit-Devils who transformed themselves into Angels of light have alwaies fared worse then other men as if this difference between the King Parliament were but a syncretismus or illusion against honest men nay I do farther foresee that in the period and closing up of this Tragedy they will fare worst of all because they have not taken a liberty to enrich themselves with publick spoyles and fat themselves by eating out the bowels of their mother but are grown lean and poor by their integrity whereby being disabled to buy friendship in the daies of trouble they will be put upon it to pay other mens reckonings When Verres was Praetor of Sicily he had with wonderful corruptions pillaged that Province and at the same time the Praetor of Sardinia being sentenced for depeculating and robbing that Province Timarchides Verres correspondent at Rome writ a very anxious Letter to him giving him warning of it But Verres in a jolly humour answered him that the Praetor of Sardinia was a foole and had extorted no more from the Sardinians then would serve his own turn but himself had gathered up such rich Booties amongst the Sicilians that the very overplus thereof would dazle the eyes of the Senate and blind them so that they should not see his faults such I foresee will be the lot of the more just and modest men who shall be guilty because they were fools as the other sort shall be innocent because they
Tyrant was ever so barbarous so indiscreet as to do the like It was moved that Offendors of this kind might be bound to the good Behaviour and the offence proved openly at the Assizes or Sessions before so destructive a punishment be inflicted There are three principles in law of which the Laws are very tender and will not suffer them to be touched but upon great offences cleer proofs and exact formalities observed life liberty and estate by Magna Charta the Petition of Right and many other Statutes these principles are so sacred that nothing but the Law can meddle with them Nemo imprisonetur aut disseisietur nisi per legale judicium parium suorum you have made the people shed their money and bloud abundantly pretending defence of Religion Laws and Liberties let them now at last being a time of peace enjoy what they have so dearly paid for and delay them not with a pretended necessity of your owne making you now make all that is or can be neer and deer to them lyable to the passions of three Committee men to judge and execute according to their discretion without Law or so much as a formality thereof And yet both Houses of Parliament have often heretofore offered to abolish those Committees as men whose wickednesse and folly they and the whole Kingdome were ashamed of The Grandees of the Parliament and Army when the Houses are called and full have resolved to draw their Forces nearer about the Towne and by that terrour to try the temper of the Houses such Members as will not comply with them they will with fresh Charges purge out of the Houses and publish base and infamous scandalls against them to which if they submit with silence they betray their reputations for ever and spare the credits of their jugling enemies If they make any defence for their honours by way of apology they shall be brought within the compasse of this devouring enslaving Ordinance as men that reproach the Parliament and their proceedings Thus the same whip shall hang over the shoulders of the Presbyterian party who wil not agree to King-deposing Anarchy Schism as it did formerly over the Kings party And the Presbyterians shall be squeezed into the Independents coffers as formerly the King's party were so long as they had any thing to lose for the whole earth is little enough for these Saints who are never satisfied with money and bloud although they never looke towards Heaven but through the spectacles of this world The old elogium and character of the English Nation was that they were Hilaris gens cui libera mens libera lingua But now Country-men your tongues are in the stocks your bodies in every gaole your souls in the darke and estates in the mercy of those that have no mercy and at the discretion of those that have no discretion Farewell English Liberty 90 90. Generall Conclusions Out of these Premises I shall draw these Conclusions following 1 1. The Grandees have subverted the fundamentall Government of the Kingdome and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the mysteries and secrets of Government both by Kings and Parliaments before the vulgar like pearle before swine and have taught both the Souldiery and people to looke so far into them as to ravell back all Governments to the first principles of nature he that shakes fundamentalls means to take down the fabrick Nor have they been carefull to save the materialls for posterity What these negative Statists will set up in the room of these ruined buildings doth not appeare only I will say they have made the people thereby so curâ—â—us and so arrogant that they wil never find humility enough to submit to a Civill rule their ayme therefore from the beginning was to rule them by the power of the Sword a military Aristocracie or Olgarchy as now they do Amongst the aincient Romans Tentare Arcana Imperii to profane the mysteries of State was Treason because there can be no forme of Government without its proper mysteries which are no longer mysteries then while they are concealed Ignorance and admiration arising from Ignorance are the parents of civil devotion and obedience though not of Theologicall 2 2. They have subverted the Church 2. Nor have these Grandees and their party in the Synode dealt more kindly with the Church then with the Common-wealth whose reverend Mysteries their Pulpits and holy Sacraments and all the functions of the Ministery are by their connivence prophaned by the clouted shooe the basest and lowest of the people making themselves Priests and with a blind distempered zeal Preaching such Doctrine as their private Spirits spirits of illusion dictate to them But let them know that their burning zeal without knowledge is like hell-fire without light Yet the greatest wonder of all is The Sacrament of the Lords Supper discontinued and why That they suffer the Lords Supper that Sacrament of Corroboration to be so much neglected in almost all the Churches in the Kingdome Is it because men usually before they receive our Saviour that blessed guest sweep the house cleane casting out of their hearts those living Temples of the holy Ghost Pride Ambition Covetousnesse Envy Hatred Malice and all other unclean Spirits to make fit roome to entertaine Jesus that prince of peace whereby the people having their mindes prepared for Peace Charity and Reconciliation may happily spoile the trade of our Grandees who can no longer maintaine their usurped dominion over them then they can keep them disunited with quarrels and feudes and uphold those Badges of factions and tearmes of distinction and separation Cavaleers Round-heades Malignants Well-affected Presbyterians and Indedendents or is it because they fear if the Church were setled in peace unity it would be a means to unite the Common-wealth as a quiet cheerfull minde often cureth a distempered body I will not take upon me to judge another mans servant but many suspect this is done out of designe not out of peevishnesse 3. That these Grandees governe by power 3 3. The Grandees rule by the arbytrary power of the Sword not by the Lawes not by loâ—â— and the the Lawes of the Land which was my last assertion appears by 1. The many Garrisons they keep up and numerous Army they keep in pay to over-power the whole Kingdome more then at first the Parliament Voted 2. Their compelling the Parliament to put the whole Militia of England and Jreland by Land Sea into the power of Sir Tho Fairfax and their party 3. Nor do they think the Laws of the Land extensive enough for their purposes therefore they piece them out with Arbitrary Ordinances Impeachments before the Lords and Marshall Law which is now grown to that height that the Councell of War Generall and judge Advocate of the Army doe usually send forth instructions to stay suites and release
impeached hereafter Sir John Maynard the same day was called to Answer Against Sir John Maynard He desired a Copy of his Charge with leave to Answer in writing by advice of Councell as the 11 Members formerly did To examine witnesses on his part and crosse examine their witnesses But these requests were denye◠and he Commanded to answer ex tempore He gave no particular Answer but denyed all in generall as Col Pride whom he cited for his President had formerly done at their Barre He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary Generall Copley whose case differed little The 8 of Sept. the Earl of Suffolke Lincolne Middlesex Against the 7 Lords the Lords Barkley Willoughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for levying war against the King Parliament and Kingdom The Earle of Pembroke then sent to Hampton-Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelyn the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rodde And so the engaged Lords had their House to themselves according to their desires 50 50. Schismaticall Petitions The 14. Sept. a Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from those Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Oxfordsh Bucks Berkesh was delivered the House against diverse Members sitting in the House enemies to God and Godlinesse enemies to the Kingdome c. Vsurpers of Parliamentary Authority who endeavoured to bring in the King upon His owne Tearmes They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of the two Speakers might be removed there was a clause against Tythes c. in it Such another Petition came but the day before from Southwarke These Petitions were all penned by the engaged party of the Houses and Army and sent abroad by Agitators to get subscriptions The ayme of these Petitions The designe was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the engaged party but 59 to expell the greater party being above 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army daily recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the Sea is the common Receptacle of all waters because those who had no hope to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to petition against Tythes Enclosures and Copy hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the hand from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interloping discourses omitted let us again return to these prodigious Impeachments Against the Lord Mayor Aldermen and Citizens The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent up to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor Generall Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Cōmons Bar to see what they could say for themselves Contrary to Magna Charta 29. chap. and contrary to 28 Edw. 3. enacting that no man shall be put out of his Land c. nor taken nor Imprisoned c. nor put to death c. without being brought to answer by due processe of Law That is according to the Stat. 42 Edw. 3. ch 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ originall according to the old Law of the Land not according to new invented Articles of impeachment but according to those Laws that were well known and old in Edw. 3. time see Stat. 37 Edw. 3. 1 Edw. 6. ch 12. 6 Edw. 6. ch 11. and the Stat. 25 Ed. 3. saith no man shall be taken by Petition or sugestion made to the King or his Councell c. and the House of Peers is no more but the Kings Councell as anon I shall make evident It was moved by divers that these Gent 51 51. Arguments against impeachments before the Lords might be Tried according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and equalls to judge of matter of fact alleaging that the Common Law was the Birthright of all the free people of England which was one of the three Principles for which the Parl so often declared in print that they fought and for defence wherof they had entred into a Covenant with their hands lifted up to God the other two principles were Religion and Liberties 1. The Lords were not Peers to the Commoners At the Common Law they shall have sworn Judges for matter of Law of whom they may aske questions in doubtfull poynts nor can they be Judges in their own cases 2. They have sworn Jurors of the neighbourhood for matters of fact whom they may challenge 3. The known Laws and Statutes for rules to judge by which in case of Treason is the Stat. 25 Edw. 3. you cannot Vote nor declare a new Treason And if you could to do it ex post facto is contrary to all rules of justice The Apostle saith Sin is a breach of a Commandement or Law I had not known sin but by the Law the Law therefore most go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon oath before the Accused's face who may except against them and cross examine them 5. Even in Star Chamber and Chauncery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryall and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the law yea he had law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay