having made way for the most horrid and Bloody design that ever was heard of the Motion is made in this usurping House to proceed to the Trâ—al of the King as a Capital Offender When the grand Impostor Cromwell stood up and said That if any man moved this upon Design he should think him the greatest Traytor in the World but since Providence and Necessity had cast them upon it he should pray to God to bless their Councells And so on the 28 th of December 1648. Thomas Scot brought in the Ordinance for the Tryal of the King being read and Committed three several times and all the Commissioners names inserted Consisting of divers Gentlemen and Soldiers This Ordinance being pass'd the Junto they send it up to the Lords House by the Lord Grey of Grooby together with their Vote formerly made Viz. Resolved c. That the Lords and Commons assembled in Parliament do declare and adjudge That by the Fundamental Laws of the Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom of England The house of Lords debate the matter and first the Declaratory Vote against which the Earls of Manchester and Northumberland with others spake and declared There was none nor could be any such Fundamental Law in England whereby the King could be a Traytor by leaving War against his People and that thus to declare Treason by an Ordinance when no law was extant to judge it by was most unreasonable Upon which the Lords cast out this Ordinance and Vote and adjourned themselves for seven days This proceeding of the Lords gave them no small trouble and stirr'd up the wrath of some of the Zealots who threatned to hang a Pad-lock on the Lords door and sending up to search their journal Book they found the Lords had made these two Votes That they do not Concur to the said declaratory Vote And Secondly That they rejected the Ordinance for the Tryal of the King Upon which these men resolving to be rid of the Lords as well as of King they Vote That they should Act without them as well they might according to their own Law That all Authority was sounded in the People and that they being the Representatives of the People all Authority lay in them Some of them were for Impeaching the Lords for favouring the grand Delinquent of the Land as they called the King And now to make all sure on their sides that they may Act legally On the 4 th of January they Vote That the People are under God the Original of all just Power That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme Power of this Nation That whatsoever is declared or Enacted for Law by the House of Commons assembled in Parliament hath the force of Law This makes clear Work and by this our Arbitrary Usurpers may do what they will and cut off their Kings Head according to their own Position legally what need of Kings Lords Laws Rights Liberties Properties or fundamental Government when the Arbitrary Consciences of such men may serve instead of all and conclude thereby all the People of England tho they declare against it and tho opposed by the King or House of Peers And thus notwithstanding the rejection of the Lords these Commons pass their Ordinance and declaratory Vote by the name of An Act of Parliament of the House of Commons which was never before heard of for the Tryal of Charles Stewart King of England This being objected to Hugh Peters that there was no President or Example for the Tryal of a King by a judicial Court he Prophanely applyed That there was never any President before the Virgin Mary of a Womans conceiving and bringing forth a Child without accompanying with a Man therefore they might walk without President for this was an Age to make Examples and Presidents There was yet one thing that passed these men which they had not foreseen which was That it was a very improper thing to make use of the Kings Seal wherein he is styled King of England c. by the Grace of God to seal a Commission against him for his Tryal They were now in hast and could not stay for a new one which they had not as yet thought on therefore it was concluded the Commissioners should proceed upon the Ordinance without any Commission under Seal and that every Commissioner should set his own Hand and Seal to the Instruments of their Proceedings All things being now in a readiness for the Tryal The King is taken from Hurst Castle and brought to Winchester thence to Farnham thence to Winsor and thence to St. James on the 19 th day of January And they had caused for the greater Solemnity of the Business their Serjeant Dandy who was appointed Serjeant at Arms to the Commissioners for the Tryal of his Majesty to proclaim it openly in Westminster-Hall with his Mace on Horse back with six Trumpets and several Officers attending all bare That the Commissioners were to sit to morrow and that all those who had any thing to say against Charles Stewart King of England might be heard This was done in like manner in Cheap-side and at the Royal Exchange The same day the House Voted their great Seal to be broken and ordered a new one to be made Upon this Mr. Prin sends to the Junto a Memento of their unpresidented Proceedings Complaining of the force and Violence put upon their fellow Members warning them from Acting Consulting or ordaining any Act or Ordinance without Concurrence of their fellow-Members being Arbitrary and against Law and that the secluded Members not only declared against such Proceedings but more especially against this horrid Act of theirs for the Tryal of the King shewing them That by the common Law and by the Statute of 25. Ed. 3. and all other Acts concerning Treason it is high Treason for any man to Compass or Contrive the Death of the King or his eldest Son tho never Executed That they were also bound to the Contrary by their Oath of Allâ—giance from which no Power could absolve them That they had in above an hundred Declarations and Ordinances in the name of the Parliament professed That they never intended the least hurt injury or Violence to the Kings person his Crown Dignity or Posterity with several other things very pressing and full as may be seen at large in the printed Paper but all was in vain for they were resolved on the Business tho they could give no kind of colourable Reason for their Actings This Memento was seconded with a Declaration and Protestation signed the 19 th of January by the said Prin and Clement Walker another of the secluded Members which ran very much after the same Tenure and absolutely Protesting against the Junto's Actings and Proceedings declared against the illegal Act of Erecting an high Court of Justice and usurping a Power against
of Clouts or in Show or a meer Duke of Venice Then their own Declaration printed and published shewed how well Arbitrariness thrived when they owned That their Votes were not to be questioned either by King or People That no Precedents could bound their proceedings That the Soveraign Power resides in the two Horses That the King hath no negative Voyce That a levying War against the personal Commands of the King tho he were present is not a levying War against the King but that a levying War against his Laws and Authority is levying War against the King which was levying War against them That Treason could not be committed against the person of the King otherwise then he was intrusted That they had power to judge of his Actions and whether he discharged his trust or not and that they were only judges of the Law Their Arbitrary putting to death of Yeomans and Boucher at Bristol and others at London for endeavouring to shew their Royalty to their King and Acting against them and their illegal Authority Voting and making a new Seal and breaking all the Kings old Seals Privy Signets of the King's bench Exchequer Court of Wards Admiralty c. Beheading of several persons by a Court martial against Law and Equity Putting Arch-Bishop Laud to Death after four years Imprisonment Their taking the Scotch solemn League and Covenant for the Extirpation of Episcopacy and the alteration of Religion â—sâ—â—blished by Law contrâ—ry to Law and according to their own illegal and Arbitrary proceedings With many more Acts of the same nature which plainly declared to all the World how far they had deviated from their first more plausible Pretexts But all this while I say by the Kings great Concession in yielding to pass that Act which wrought him so much Mischief they seemed to have a shadow of Power from the King and acted as an House tho contrary to the King the Laws of the Land the Liberty of the Subject and against Equity Conscience and Religion But now after the King had been delivered up to them from the Scots and that they had subdued all his Forces and Garrisons Ragland Castle in Wales being the last that held out for his Majesty then they shewed their power more manifestly and that their Intentions were to usurp the Regal Authority altogether having thus far tasted the sweetness of it and thrived in their Rebellion On the 4 th of June 1647. a Party of Horse under Cornet Joyce seized the King at Holdenby where he was under restraint by the Parliaments order and Carried him away to the Army and thence by them brought to Hampton Court about the middle of August where both the Parliament and Army make to him their several unjust Proposals after the insolent manner of Victors which the King could in no ways grant being contrary to his Conscience his Crown and Dignity At the same time the Independant Officers of the Army kept their chief Cabals at Putnâ—y where it was proposed among them That it was not safe for them nor the Kingdom to grant any Power to the King That it was not for them to set up a Power which God had determined to pull down That the power of Kings was grown a burthen to the Nation and that the reason of all their Distractions in their Counsels was from their Compliance to save that man of Bood and to uphold the Tyranny which God by their many Successes had declared against Where also Major General Harrison made a speech pressing them to the taking off the King Who having notice of these wicked Agitators Actions makes his escape from Hampton Court leaving a Letter behind him intending to get over to the Islâ— of Jersey but being in the Isle of Wight he put himself under the Protection of Collonel Hammond a Parliament man and Governour there who sending â—otice thereof to the Parliament they Vote That he should be continued in the Castle of Cowes That no Malignants shall stay in the Island That no Delinquent or Forreigner should be permitted to come to him without the Parliaments leave That five Thousand pounds should be advanced for his Accommodation and That tâ—eâ— would consider who should attend his Person In the mean time the Independent party of the Army cause a Mutiny which tho quelled by the Industry of Cromwel and his Son-in-Law Ireton yet it caused them to alter their Councels and to joyn with them against the Parliament and all accommodation whatsoever with the King The King sends a Letter to the Parliament from the Isle of Wight dated November 18. 1647. superscribed to the Speaker of the House of Lords to be communicated to the House of Commons In which he granted for Peace-sake the setling of Presâ—ytery for three years And the Militia in the hands of the Parliament during his Reign with a Proviso by Patent that then it should return again to his Successors And also that they should have the Choice of his Privy Councellors and desired earnestly to have with them a personal treaty in London After a long debate upon this Letter the Commissioners of Scotland also pâ—â—ssing them to comply with the Kings just desires on the 26 th of November they concluded That four Previous Acts should be drawn up and sent to the King to which if he would sign they Voted That they then would admit of a personal Treaty with him These unreasonable Proposals drawn into form of Acts were these First an Act for raising settling and maintaining Forces by Sea and Land c. In which they fully and wholly divested the King of the Militia his 〈◊〉 and Successors for ever and gave an unlimitted power to the two houses to raise what Forces they please for Land or Sea and of what persons they please and what Money they please to maintain them The second was that all Declarations Oaths Proclamations against the Parliament might be recalled or against all or any that adhered to them The third an Act that those Peers that were made after the great Seal was carried away from the Parliament might be made uncapable of sitting in the house of Peers And lastly That Power may be given to the two Houses to adjourn themselves as they think fit By these you may easily perceive to what height they were come of all unreasonableness These were presented to the King at Carisbrook Castle in the Isle of Wight on the 24 th of December 1647 by the Earl of Denby the Lord Mountague Lisle Goodwin Bunkley and Kemp Commissioners from both Houses of Parliament The King it may well be thought having no desire to dethrone himself and enslave his Subjects refused the Bills and desired to Treat personally sending them his reasons in Writing Whereupon Sr. Tho. wroth moves the House That the King who had Acted like a Mad man should be secured in some inland Castle with sure Guards That Articles of Impeachment should be drawn up against him That he should be wholly lay'd by
other and instead of Juratores pro Domino Rege shall be used Juratores pro republica and so Contra pacem dignitatem Coronam nostram should be turned into Contra pacem publicam All judges Justices Ministers and Officers to take Notice thereof and that whatever should be done Contrary to this Act hence forward should be declared null and void in Law the Death of the King or any usage Law Custom c to the Contrary The King after his Sentence was lodg'd in White-Hall and the little time they gave him to prepare himself he was disturb'd with the noise of his rude Guards filling all the Rooms with the smoak of their Tobacco a thing extreamly offensive to him and they Rung in his Ears the clincking of Pots and such like Noises and not only so but he lay so near the place where he was to Dye that he could hear every stroke of the Hammers of those Workmen that were erecting the Scaffold and working all night all which Barbarity was to mortifie him but that would not bring him to their Bent On Munday he was removed to St. James's whence he came the next day on Foot thorow the Park to suffer his Martyrdom And now on the 30 th of January 1648. was Acted the most unheard of Tragedy that ever was Committed and not to be parallel'd in History in any Countrey A King convented and Tryed openly in a Court of unlawful Judicatory as a Capital Criminal by the meanest of his Subjects under pretence of Law and then publickly Executed on a Scaffold in the face of the Sun and the People before his own Palace by the hand of the common Hangman as it hath since appeared is so strange a thing that it will be the Admiration of succeeding Ages as well as it hath been of our own and I think a most notable Display of Arbitrary Usurpation For tho we have had some of our Kings murthered in our Land yet there was some modesty shewed in their Assassination in that it was done Privately and Acted by great Persons laying claim to or Ambitioning the Crown nay they were so Cautious as in the Murthers of Edward the second and Richard the second First to depose them and to take away their Crowns or making them to resign them by their own Acts becoming thereby private men accounting them else Sacred to be murthered but thus I say to be publickly put to Death under the Colour of Law and Justice and to justifie such â— bloody Perpetration to the World as a legal Act being so palpable against all Laws both Divine and Humane was a thing never to be found in any Age or in any story I shall say no more of it his Majesties Speech and all the fatal Transactions of that Tragedy being Printed at large only I shall take notice that this Royal Martyr with much Constancy Courage and Resolution lai'd his Head on the Block and suffered under the Ax in refusing to acknowledge the Authority of these bloody Usurpers to be legal and because he would not betray the Liberties Lives and Properties of his people to an unjust and usurping Tyrannical Government Even whilst he was on the Scaffold he was pittied by some of his Persecutors the Officers of the Army which Cromwell perceiving he begun to play with them his usual jugling Tricks and made them believe that he would consult with them concerning the saving of the Kings Life Seeming to pitty him himself and blaming him for being Obstinate in not adhering to their Propositions feigning a Reluctancy for his Death and therefore told them He should be very glad if it might be effected with the safety of the Kingdom tho what was done was by the Authority of the Parliament yet he feared the Odium might be cast on them but says he before we proceed in this weighty Matter let us seek God to which they agreed and Oliver began a long-winded Prayer which lasted so long till News was brought them that the King was Executed which several not suspecting were surprized and amazed but Cromwell holding up his Hands told them he now saw clearly that it was not the will of God that the King should live and therefore he was afraid they had done ill to tempt God to desire it This was the end of his Majesty Charles the First and now all the world believed as most legally they might that this Parliament was dissolved of Course by the Death of the King by what Authority now can they pretend to sit and Act Even by the same unjust Power of the Sword whereby they had committed so many illegal Acts contrary to the Fundamental Laws of the Land as now in continuing themselves a Parliament was against the most ancient Constitutions of Parliaments But they lay hold of the Act of 17. Car. 1. for the Continuance of this Parliament In which these words Were And be it declared and Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same that this present Parliament now assembled shall not be dissolved unless by Act of Parliament to be passed for that Purpose Therefore they declared and believe that they are still a Parliament and are not Dissolved by the Kings Death because not dissolved by an Act of Parliament But it was answered that it was and ever hath been the undoubted Prerogative of the King to Call and Dissolve Parliaments and that an Act for their Perpetuation was a taking way one of the chiefest Flowers in the imperial Crown of England which the King could not grant and give away tho with consent of both Houses But this Act was palpably against the King's inclination being as it were forced to it by some Heady violent and turbulent Men. But that a Perpetuation or Extention of it beyond the Kings Death was never then thought of is most plain by the Preamble of the said Act where it is expressed That by reason of great Sums of Money of necessity to be advanced for the speedy relief of his Majesties Army and People in the northern parts of the Realm and that Credit might be had for the raising such Monies and to take away the Fears and Jealousies of any that should lend such Monies upon their Credit that this Parliament should not be Prorogued or Dissolved before Justice be done on Delinquents and publick Grievaâ—ces redressed it was Enacted c That they should not be Dissolved but by an Act of Parliament so that by the very end and Scope of this Act there could not be thought to be any Perpetuation of this Parliament or that they should not be Dissolved by the Kings death For else certainly they would have inserted the like special Clause as That this Parliament shall not be Dissolved by his Majesties death but only by Act of Parliament But that the Parliament was Dissolved Ipso facto by the Kings death being called
by his Writ to confer with him as his Parliament Arduis negotâ—is or about urgent Affairs was Resolued 1 Hen. 4. Rot. Parl. n. 14.14 Hen. 4. Cook 4 th Institut p. 46. c. For it is not natural to suppose and impossible That the Lords and Commons should be a Parliament and make Acts and Laws without the King as for a Body to move and Act without an Head and therefore had there been any such thing intended to have been Enacted it was void because impossible for the Kings Royal assent could not be had after his Death and there is no Clause in the Act that obliges his Successor to Consent which clearly shews they never had any such intention at the making of this Act. And therefore on the death of the King all Commissions both of the Judges and others cease and all Proceedings determined tho the King is said to sit in the Court of the Kings-Bench in his politick Capacity which indeed never dyes so as to cause an Interregnum but other wayes as to the Continuance of Commissions Writs c. which must be renewed Consider also that if these men after the Death of the King could be a Parliament they must be so either by the Common Law and Custom of Parliaments which is clearly against them or by this Statute which as little Countenances them for they would then be another thing distinct from the Parliament which was summoned in the Kings Life for the Country had no Power to elect their Representatives but by the King 's Writ and therefore could receive no more Power from them than the Tenour of the Kings Writ granted which determining with the Kings Life their Representative-Power was also determined and by Consequence they could be no longer a Parliament If it could be thought they could be yet so by that Act then it follows That a Parliament by their Act might create another Parliament to exist after themselves were dissolved which is most absur'd and alters the Root and Foundation of all the Liberties of the Subject for they become no longer their Representatives but a Parliament by their own Act and it will never be thought that the people intended to entrust them with their Authority to change the Government and deprive them of their Fundamental Priviledges The Parliament cannot De jure do any thing against natural Equity quia jura naturae sunt immutabilia And also by the judgement of a Parliament this could not be being against the Law and Custom of Parliament for Ro. Parl. 42. E. 3. no 7. it is declared by the Lords and Commons in full Parliament upon demand made of them in the behalf of the King That they could not assent to any thing in Parliament that tended to the Disherision of the King and his Crown to which they were Sworn Now this Act of the 17 th of Caroli Primi is expresly against the Kings Successors Prerogative to call his own Parliament and therefore they could not make such an Act to the Disherision of his King and Crown A Parliament may be three ways Dissolved by the Declaration of the Kings pleasure or for want of entring their Continuances or by the Kings death whereby the Kings Writ which gives them their Authority is determined These words That this Parliament shall not be Dissolved unless by Act of Parliament is a general Negative which cannot extend to all Causes of Dissolution but have a respect only to that most usually hapning the Pleasure of the King till the pretended Grievances of the time were satisfied Now in all Times the judges have excepted particular Cases out of the general Negative or Affirmative Words of Statutes By the Star of Magna Charta C. 11. 'T is enacted That Common pleas shall not follow or be sued in the Kings-Bench which is a general Negative yet it is holden to be clear in Law That the King is not within these general Words and may sue in his Bench or any other Court at his Pleasure The Statute of Winchester is a general Statute That the Hundred c. shall make Satisfaction for all Robberies and Fellonies within the Hundred yet it is Resolved That the Hundreds shall make no Satisfaction for the Robberies of an House because the House was the owners Castle and he might have defended himself and preserved his Goods Besides this Clause in the said Act That all and every thing done or to be done for the Proroguing or Dissolving of this present Parliament contrary to this present Act shall be utterly voyd and of none Effect By which it appears That the cause of Dissolution which they intended to prevent was something that should consist in Action by the words Thing or Things done or to be done which words can only be applicable to an Actual dissolution by the Kings pleasure And the King's death is not a thing done but a Cessation of his personal being and of the Dependants thereupon And is not an Action but a Termination or Period So that it is most Clear these men could no longer by any the least Colour of Law or Reason pretend to sit and Act as a Parliament But alas What are Arguments to them who had usurp'd the Throne and Power of their Soveraign and had the vain and idle Hopes to keep it And to the strengthening themselves with all the Arbitrary and Tyrannical ways imaginable they proceed First they issue out their spurious Act before mentioned against proclaiming the King tho by the Law of the Land instantly upon the King's decease the imperial Crown of the Kingdom of England was by his inherent Birthright and by an undoubted Succession and Descent Actually vested in our now Soveraign eldest Son to the murthered King and next Heir of the Blood to his Royal Father and that before any Ceremony of Coronation as by Stat. of 1. Jacobi Ch. 1. And that all Peers of the Realm Majors Sheriffs and other chief Officers in all the Cities and Corporations of England are oblig'd by their places and Allegiance to proclaim him under pain of High Treason and forfeiting their City and Corporation Charters And notwithstanding the Junto's Prohibition there were several Proclamations printed and scatter'd about the City which proclaimed and asserted the Right of the Prince as next Heir to the Crown and by Birthright to be the lawful King of Great Britain c. Dated the 1 st of February Then also in like manner was privately scatter'd about another Paper in which were four Propositions briefly declaring That the House of Commons had no Power of themselves alone and without the Concurrance of the King and House of Lords to make any Act of Parliament Ordinance or to impose any Tax Oath Forfeiture or Capital Punishment on any Secondly That the few Members now sitting were no Court of Justice in themselves and could Erect no such Court for the Tryal of any person nor had Power to hear and determine any Civil or Criminal Causes and that
all Acts by Pretext of such Power were illegal and the adjudging any Person to death and Executing them was Treason and wilful Murther Thirdly That the said Commons had no power to make any great Seal of England and that all Commissions granted under their great Seal were illegal and all Proceedings in Law upon such Writs null and voyd to all intents and purposes Lastly That the denyal of the King's Title to the Crown and the plotting to deprive him of it and the setting it upon the Head of another was High Treason and within the Stat. 25 th Ed. 3. Ch. 2. as likewise their Subverting the fundamental Laws of the Land and introducing an Arbitrary and Tyrannical Government was High Treason at the common Law c. This was all the Loyalists could do at present by these weak Indeavours to assert the Kings right and shew the people what Slaves they were become but this affrighted not these Men who in the next place February 1 st Vote That all such Members who assented to the Vote of the 5 th of December 1648. That the Kings Concessions were a Ground for the House to Proceed to a Settlement should not be admitted into the House until they had declared their disapproval of that Vote before they sit and that such as were now in the House should enter their dissent to that Vote being only those who had before Voted in the Negative The Lords were yet sitting but no notice taken of them by the Commons for having overthrown the Monarchy they now lay aside the Lords and therefore Vote them dangerous and useless Frebruary 5 th and so Voted them down with this Proviso That they might be capable to be Elected Knights of the shire and Burgesses and so sit among the Commons Three of them only so debased themselves viz. The Earls of Pembroke Salisbury and the Lord Howard of Estrick The rest of the Peers put forth their Protestation against these Proceedings of the Commons which came forth on the 8 th of Frebruary in which they asserted their own Priviledges and the fundamental Laws of the Nation disclaiming the Votes of the Commons for Erecting an high Court of Justice for the Tryal of the King and altering the Government Law Seal c. and against their Traiterous murthering their Soveraign and disinheriting the Prince the Lawful Heir of the Crown of England and also protesting against their Vote of the 6 th of Frebruary for the abolishing the House of Peers as destructive to the beings of Parliament the Fundamental Laws of the Realm and the Lives Liberties and Properties of the people whom they had made Slaves to their Tyrannical and Arbitrary Government But this affrights not the Commons and to keep the Lords from meeting the Army set a Guard at their Doors of their House and the House now proceeds to set up a Common-wealth and to abolish Monarchy and therefore they formed an Act intituled an Act for the Exheredation of the Royal Line the abolishing of Monarchy in this Kingdom and the setting up a Common-wealth which they ordered to be published in all places And to Vindicate these their most horrid Proceedings they had their Pulpit-Trumpeters who justified their Impious Acts in all places and John Godwin and Milton to write in their Defence of putting the King to death declaring in Print That the King suffered on just Grounds and according to his Demerits And now instead of one King these Common-wealth Rumpers set up forty Tyrants as a Committee of State But the people generally seemed displeased at this Alteration of the Government and Reineldson Lord Major of the City refused to publish their Act for abolishing of Monarchy for whâ—ch he was discharged of his Office and with two Aldermen sent to the Tower and Andrews was chosen in his stead upon this the Rumpers put forth a new Declaration to justifie their Proceedings calling them A Deliverance of the people from the Bondage that was brought in by the Norman Conquest and their Maintenance of the ancient Laws notwithstanding their Alteration of some forms of the Regality which ancient Laws might consist very well with a Republick and that they had only abolished their Abuses promising to establish a safe and firm Peace and to advance the true Protestant Religion the Encouragment of a Godly ministry and of Trade and the Maintenance of the Poor thorowout the Realm Then their Great Seal came forth having on one side a Cross and Harp for the Arms of England and Ireland with this Inscription â— The Great Seal of England And on the other side was the Picture of the Commons with these words In the first year of Freedom by God's blessing restored 1648. Likewise they caused a new Coyn to be minted and stamped their Money with a Cross and Harp instead of the King's Effigies with this Motto God with us Then they took away all Clauses in any former Acts for the taking the Oaths of Allegiance and Supremacy and made them null and a new Oath framed and tendred to all that were to have any publick place of Trust and assumed to themselves both Judicial and Legislative power of the King and both Houses of Parliament and the Executive power they committed to a Council of State of forty Persons of the most Active men in the Army and others of desperate Fortunes Six of the Judges viz. Justice Bacon Brown Beddinfield Creswell Trevor and Atkins quitted their places not being able to bring their Consciences to Act under this Arbitrary and illegal power six other of them continued who were Justice Rolls St. Johns Pheasanâ— Baron Wild and Baron Yates To their new Council of State they gave Power tâ— Command and settle the Militia of England and Irâ—land Power to set forth Ships and such a Considerable Navy as they should think fit Power to appoinâ— Magistrates and stores for England and Ireland and tâ— dispose of them for the Service of the Nation Anâ— power to Execute all the powers given them for a whole Year to come They had two Seals appointed a great Seal and a Signet Cromwell was made Chaiâ—-man of this Committee and an Oath framed for eveâ—â— Member to take to be true to the Parliament as they termed themselves not to disclose their Secrets anâ— to adhere to the present Settlement of the Government 〈◊〉 a Republick without King or House of Lords Abouâ— this time the Officers of the Army at a Councâ—â— of War debated Whether they should not put to the Sword all that were of the King's Party to secure the Nation to themselves and it was carried in the Negative but by two voyces so near were they to a general Massacre And many Petitions came from several Counties that at least three of the most eminent of the King's party in each County might be put to Death to free the Land from Blood-Guiltiness Cromwell by this as you may perceive had gotten all the executive Power of the Kingdom into his own
States In the mean time they have no small umbrage of the Scots Proceedings who had sent to the King then at the Hague and invited him into Scotland with several Propositions in order thereunto But Middleton and Monroe fearing the Kirk Party would hold the King to hard Terms should he come in upon their Propositions rise in the North of Scotland but were soon supprest by Ker and Stranghan upon this our Junto strike in and offering them by their Letters several fair Temptations that they might break with the King promising to stand by them and to defend their Liberty as they called it But this took not And about this time they make a new Act of Treason such as scarce was ever heard of before That to kill the General Lievtenant General or any Member of that House of Parliament or Councel of State should be Treason was to have been put into it but after long debate was omitted betraying too much Cowardise in them and having other ways secured themselves in the Act. For it was made Treason to Act Plot Contrive or speak against this Fag End of the Parliament or their Government and all Endeavours against the Keepers of the Liberties of England and the Councel of State to subvert them as now Constituted and that shall be hereafter Constituted by Parliament what an individuum vagum is here and for every such Act c. to forfeit Life and Estate And also to move and stir up the people against them was declared Treason nay so much as to endeavour to withdraw any Soldier or Officer from their obedience to their Superior Officer or from the present Government aforesaid Also to Counterfeit their great Seal is by this Act made Treasons Are not these in the mean time excellent Conservators of the Liberties of the Nation And a very free State Lilburn in the Tower was kept from Pen Ink and Paper and all allowance for Meat and Drink taken from him tho he petitioned for it so that he was kept three days with half a Meals meat and in a close Chamber none suffered to come at him This under a King had been Tyrannical but is Prudence in this free State About this time also orders were given to certain Committees to inquire upon Oath and to Certifie the improved vallue of every mans Estate both Real and Personal which they intended thorowout the Kingdom following the Conqueror's steps to have by them a Dooms-day Book that they might the better load the people with Taxes and free Quarter in this their new Subjected and Conquered Kingdom called a Free-state Here the House enables their Committees to give Oaths when they had not Power to give any themselves Contrary to that Maxim None can give what he hath not or more Power than is in himself These are the men that were so much troubled with the Oath ex Officio and yet require Oaths against a mans self Nay the Scriveners in London were commanded by these supream Governors to shew their Books that they might inspect what and whose Money they had in their Hands the better to come at it themselves And that they might grasp at all they were Contriving to seize all the Tythes of the Kingdom into their own Hands and to make all Ministers their Stipendary Lecturers and to depend upon the State that they might Preach no Doctrine but what should be agreeable to themselves or in justification of their Actions This was a politick Device Oliver before he went for Ireland took all the politiok Care possible to keep up the Greatness he had acquired and to secure this Junto of Men which he made use of only to set up himself besides the Bridle he had already made them the Councel of State Composed of his Creatures he picks out of the Army left behind in England the chief of his Creatures and Constitutes them a Councel of War or a Councel of Officers to over-awe all with the Power of the Sword for silent Leges inter Arma and now silet Justitia inter Leges filet Jus inter Judices The Government was now a Cerberus with three Heads a Parliament a Councel of State and a Councel of War Many Scruple to pay their illegal Tax of ninety Thousand pound a Month for the Army and therefore have their Goods taken from them by Violence and sold tho they exclaim against it as not done by Law Mr. Prin declares against it and shews it to be against the Statutes Magna Charta 29.30.25 Ed. 1 Chap. 5.6.34 Ed. 1.21 Ed. 3.25 Ed 3.45 Ed. 3.11 Hen. 4.1 Rich 3. The Petition of Right and many more and it was observed to them that no Tax was to be imposed but upon necessity and for the good of the People 25. Ed. 1. Cook Just but for the keeping up an Army when the Wars were done was the bain of the People and that more Taxes had been raised in eight years than in all the Kings Reigns since the Conquest A hundred and fifty thousand Pound was advanced for Oliver's expedition into Ireland who was to be accomptable only of part of it the rest to be disposed at his Discretion for the use of the Common-wealth And now this Junto begin to think of adjourning themselves according to Oliver's desire and in the mean time things to be left to his two Caballs or Councells That of State and that of War but this was a bitter Pill and they knew not how to leave their old Seats where most of them were grown very warm and tho urged to it by the Councells and that some trouble was given to Lenthal their Speaker by Articles drawn up by his Council of Officers but they fearing lest they might not get together again if once separated desired time to finish some Acts they had upon their Hands and then they would adjourn themselves by which you may see how free these Keepers of the Kingdoms freedom were First down went the King and his Power lapsed into the two Houses down went the House of Lords and then all Power was in the House of Commons now they are going down and the supream Power is in a Councel of State who must down too and then the Wheel turns round and all the Power will be in a single Tyrannical person and Usurper Some of the Acts that lay yet on their Hands and which they promised to dispatch were That all Acts concerning Loans Monies Excise Sequestrations Goldsmiths-Hall Haberdashers-Hall Assessments for England and Ireland be passed so that they intended a Continuance of the Peoples Slavery and Burthens Also an Act for the setling the Militia throughout the Kingdom An Act for punishing revolted Seamen An Act for the relief of well affected Tenants against Malignant Land Lords An Act for suppressing Malignant Pamphlets aspersing the Proceeding of this Parliament Councel of State and Army An Act for the suppressing of seditious Preachers An Act for the â—â—â—ing away of a Clause of the Stat. 25.
George Booth being also ill armed were soon defeated at Northwich August 19 Captain Edward Morgan was slain upon the place Egertâ—n fled but was pursued and taken Sir Tho Middleton got over sea Sir George Booth escaped as far as Newport Pannell where he was taken in disguise and soon after committed close pris'ner to the Tower of London for committing Treason in learying war against the common Wealth and Sir Hen. Vane and Sir Arth. Hazlerig sent to him to take his examination Lambert retakes all places that they had taken in and by an order of Parliament disarmes the Counties They send him 1000 pounds for a gratuity which he having other aims distributes among his souldiers Then they give order for a day of Tanks giving for their suceess-and presently prepare a new Oath of Abjuration not thinking the Engagement sufficient to be inforced upon the nation wherein they are to abjure the whole line of King James and tell the people they will now set themselvs to doe something extraordinary towards the setlement of the Government But Mony the Diana of the Ephesians and the Idol of the filthy Rumpers is that they want and therefore now impose a new tax upon the people of 200000 pounds a month confirm the Excise fine those that failed to supply their anew molded Militia with 〈…〉 under color of a sanctimonious care of the poor they make an inspection into the râ—venue of all Hospitals prohibiting the Masters and Governors of them to renew any Leases General Monk upon the riseing of Sir George Booth was in a readyness to have marched but was provented by their being so suddenly suppressed the Rump had some jealousie of it but he had caried his design so closely and discovered it to so few that nothing could be made appear against him He was not a little troubled at these disasters and finding the Junto busie in displaceing those he most trusted at Col. Daniel Governor of St. Johnstong and many others fearing he should at last be outed by them of his command and hopeless of doing good as he intended he sends up a letter to the Parliament for a dismission from his command This letter was by his friends in London who had intimation thereof suppressed for some time and his friends in the House so ordered it that when it was delivered to the Speaker the reading of it was deferred for ten days till a packet came from Scotland to contradict it tho' Vaine and others who hand an incling of it called often to have this letter read which they suspected But the Speaker being persuaded to it by his friends under the color that if it were read and that they should take him at his word it would cause a general defection in the Scotch armie among whom the famous Monk was so wel beloved and might ruine their affairs he being also true to their interests tho' discontented at the displaceing his Officers This prevailed with the Speaker wholy to suppress that Letter and so the buisness passed over the Junto being extream busie about many matters In the mean time Lambert and his Armie being aflote upon their late success are provideing other employment for the Rumpers Quos Deus perdeie vult deâ—ent The whole Nation had long wish'd for the ruine of â—otâ— and now their own dissentions will make way for it Lambert whom Cromwell had laid aside for his ambition had his heart still full of the same He keeps a moâ—k Faâ—â— with his Officers an infallible token that some granâ— design was hatching he had still a mind to the Protectorship and in reference to that he and his complices remonstrate the necessity of the Armies being gâ—verned by general Officers as it was before the Speaker had made himself General and requested or petitioned that Fleetwood whom Lambert doubted not to serve as Cromwell had done Fairfax might be made Lord General and that himself might be Leiutenant General and Desberow Major General of the Horse and Monk Major General of the Foot till he might have a good opportunity of laying him a side This Remonstrance being drawn up into form and signed was sent up to London to the general Councel of Officers whether Lambert was privatly gon and by some of them the Junto came to hear of it who were startl'd at it how ever they dissemble with the Officers and order Ashfeild Cobbet and Duckenfeild to attend the House with the petition which they did After the reading of which they adjourned till next morning when assumeing the debate they vote That to have any mere Generall Officers in the Armie than are already setled by the Parliament is needless chargeable and dangerous to the Common Wealth and that Fleetwood should acquaint them with this Resolve This was ill ressented by the Armie and tho' for the present they seemed to acâ—uiesce because their design was not fully ripe and helped the Junto in a friendly manner to devour a Thanksgiving dinner at the Cittys cost and charges which was then govern'd by Ireton and Tichbourn and their gang yet it was not long before they presented a new Address to the same purpose on the 5 th of October by Desborow and many Officers attending him To this the Rumpers very gravely answer checking them for not submitting to their judgment formerly declared 〈◊〉 â—hat case but knowing that the armie Officers would not be so satisfied and expecting no less than another interruption they passed an Act against raising of monys on the people without their consent in Parliament declareing all such persons as should assess levie collect gather or receive contrary to this Act to be guilty of high treason and withall vacateing and disannulling all Orders Ordinances and Acts made by any pretended authority since Oliver turn'd them out of doors in 1653 unless allowed and confirmed by them And now having given such a killing blow to the souldiery and made the breach irreconcileable they-voted that the Commissions of Lambert Desborow Berry Kelsey Ashfeild Cobbet Pucker Barrow and Creed all Colonels excepting the last who was a Major to be voyd and constitute 7 Commissionners to govern the Armie Viz. Lieutenant General Charles Fleetword Lieutenant General Edmond Ludlow General George Monk Sir Arthur Hazelrig Col. Val. Walton Col. Herbert Morley and Col. Rob. Overton any 3 or more of them to of the Quorum They were incouraged to this by a privat message they had received from General Monk who had constant intelligence of all that hap'ned and of which he wisely made his advantages which was that if the Parliament would be resolute in asserting their own authority against the Armie he would assist them in it and if required thereto he would march into England in their defence This made them very brisk and now beleiving there might be some opposition made by the Armie they cause Morly's and Mossel's Regiments to be drawn up into the Palace yard for a Guard to the Parliament It was now high time for
hundred forty five 'T was ordered also every man to give A penny a week of every Family For one whole year together 't is no lye And this was sent poor Ireland to relieve If those that order'd did not us deceive Then after this they laid on us great Taxes To hew us down as if it were with Axes And sixty thousand pound a month a year They made us pay as it did well appear And some years ninety thousand every month was paid For a whole year together undenayed Besides a hundred twenty thousand pound Was paid a month by all a whole year round All which to many millions doth amount Far geater than the wit of man can count And whosoever did not pay his Seasement Was either plunder'd or prison'd without releasement And by such means some thousands are undâ—ne And knew not how or which way for to run And children likewise are made fatherless That knew not how their wants for to express With multitudes of widows that none knows The number of them or their wants disclose Besides the maimed that want hands or feet And wounded so 't would grieve one for to see 't And yet besides the thousands that are slain Which can't be numbred for it is in vain Then burning houses followed out-right With castles wasted and demolish'd quite And Towns and Cities are by wars undone The souldiers spoiling all that they had won And every place is so impoverished For want of trade to buy the people bread The Churches likewise they were much defaced And made like stables wherein horse were placed They took away the vessels every one And ornaments I think they left not one Thus did the Churches their privileges lose And sects and errours were brought in to choose And God's true worship it was laid aside And in blasphemies they did take a pride And toleration of such things that 's evil Was given them the like did not the Devil Thus have you heard the truth of things in brief And yet not half nor do I think the chief Of what they did in twelve years time they sat But if you 'll mind the next shall tell you what The first beheaded on the Tower Hill Was Earl of Strafford sore against his will Sir Alexander Carew was the second That lost his head for so it must be rekon'd And Captain Hotham after him succeeded His Father also next day after bleeded The Bishop then of Cantorbury next That was beheaded after he preach'd his text But now my heart doth fail the next to tell That lost his life since which we ne're were well O Gracious God was ever such things known A King so kill'd by subjects of his own May that accursed act of killing Kings Drink deep the dregs of the infernal stings Lord Capel next Duke Hamilton another The Earl of Holland also was the tother These three together at Westminster were headed For being true to 'th King this Parliament did it Next Collonel Andrews and then Sir Henry Hide Both on Tower-Hill were headed and there dyed And Captain Bushel in that very place Was headed there when he had run his race Next Mr. Love and Gibons in one day Were both beheaded of a truth I say Loe here 14 to 'th dozen in 12 years Beheaded were by these sad Parliamenteers Besides what others in far remoter places To us unknown who never saw their faces Next you shall know how many we have seen Hang'd in the City and shot to death have been First Challoner and Tomkins in one day Were hang'd in London this is truth I say Tomkins at Fetter-Lane tother at the Change Thus did their madness round about us range About some four months after was another Hang'd at the Change whose name I mean to smother And then another whose name I forgot At Westminster was hang'd for I know what He was a Spy they said came from the King And he must suffer therefore in a string The next in order though not he himself Was Sir Johns Greenevils picture foolish Else That hanged was at the Exchange for why Cause he left us and to the King did fly Then Poyer Pitcher Lockier went to th' pot These three at several times to death were shot All these near London and near thereabout Were hang'd and shot to death which they found out Besides all others throughout the Land If 't could be knowen we should amazed stand They haâ—ing sat twelve years then commeth Cromwell And turns them out which Act it doth please some well But he his part doth play as did the rest And fals to heading hanging like a Beast The first was Gerard that did feel the smart Of his keen Axe which went unto the heart Next Doctor Huit in that very place With Henry Slingsby Knight of comely grace Both in one day but who can tell for what 'T was never known nor never we shall that Then Mr Vowell was hangd at Charing Cross And Marston also hangd to his friends loss But after all comes Betterly on the stage Who in Cheapside was hangd in Cromwell's rage And afterward his bowels burnt in fire ' Cause they against him He said did conspire And then another hang'd was in Tower street And at the Change another we did seeâ—t These eight by Cromwel in the City dy'd But God doth know how many more beside Were hangd and headed within these three Nationâ— Of whom I cant make any true relations POSTSCRIPT FRom the 3 November 1640. to the 20 April 1653. when Oliver Cromwel turned out the long Parliament there hath been 29 Thanks giving days for several victories obtained by them against the King and at least 15 days of Humiliation besides the monthly Fasts which was once a month for very neer 8 years being cast up together is at least 90. which in all make 105. And from the time of their turning out to the 25 December last 1659 there hath been 10 Fasting days and 6 Thanksgiving days so that the total number of the Fasting days to the 25 Decemb. last is 15. and the Thanksgiving days are 35. In the late wars hath been killed above 100 Lords and Knights above 400 Officers besides the common Souldiers above 1000 Ministers put out of their places and died of grief FINIS He was to have been made Earl of Essâ—â—e and Knight of the Garter his Sâ—n of the Bed-chamber to the Prince Ireton â—ord Lievtenant of Ireland 1640. 14 May 1641. 23 Decemb. 1641. 1 Jan. 1644. 2 Jan. 1644. 10 Janv. 1644. 30 Jan. 1648. 9 March 1648. 22 Aug. 1650. 4. March 1650. 29 March 1651. 22 Aug. 1651. 5 Jul. 1643. 19 July 1650. 28 Nov. 1643. 1 Apâ—il 1644. 1 March 1643. 29 De. 1648. 21 Ap. 1649. 27 Apr. 1649. 10 July 1654. 8 June 1658. 10 July 1654. 10 Aug. 1654. 7 July 1658. 9 July 1650.