or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King That is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare that the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the Alterations concerning Kings and House of Lords already resolved in this present Parliament Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and
the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. and Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traytour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the People of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2 That they had rejected the Ordinance for Triall of the King 58. Votes passed by them thereupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded thereby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
Army and their Parliament Cromwell Ireton and Hugh Peters have severall times made it their errand to go into the City and visit the Ministers 66. London Ministers threatned See the Ministers of Londons Letter to the Generall called A serious Representation dated Ian. 18. 1648. giving them threatning admonitions not to Preach any thing against the Actings of the Army and their Parliament But Hugh acted his part above them all he tooke some Musketiers with him to the house of Master Calamy knocking at the dore a Maid asked whom he would speake with he told her with her Master she asked his name he replied Mr. Hugh Peters the Maid going up the staires to acquaint her Master who was above-staires in Cōference with somes Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the Generall to warne him to come before him Mr. Calamy leaving Peters vapouring canting Religion and non-sense to the rest of the Divines slipt downe staires and went to the Generall to know his pleasure telling him He had been summoned before him by Hugh Peters the Generall said Peters was a Knave and had no such directions from him Since this the Councell of Warre finding it difficult to stop the Ministers mouths have sundry times debated 67. The C. of VVar consider hovv to shut up the Churches dores How to shut up the Churches dores in the City for Reformation of the Church and propagation of the Gospell they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES threaten to trie him for his life in the Upper Bench forsooth which all the Lawes call the Kings-bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for Publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Commons for their cōcurrence Ian. 9. The Lords sate againe and passed some Ordinances which they sent downe to the Commons for their concurrence to feel their pulse whether they would vouchsafe to take so much notice of them the Commons laid them aside after some expressions of disdaine 69. Sergeant Dandy proclaimeth the sitting of the nevv H Court of Iustice This day Sergeant Dandy Sergeant at Armes to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder some Officers attending him all bare and 6. Trumpetors on horsback before him Guards of Horse Foot attending in both the Palace-yards the 6. Trumpetors sounded on horseback in the middle of the Hall the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit to morrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Gr Seale voted to be broken This day the remainder of the House voted their Great Seale to be broken in order to the making of a new one justly putting the same affront upon their owne Seale which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Iunto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speake his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onely under a force consulting in the House without their fellow Members advice or concurrence about speedy Deposing and Executing CHARLES their lawfull Soveraigne to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authority both of King and Parliament or rather the Iesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Iusti 4. 1. Stamf. Pleas of the Crovvne l. 1. c 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compasse the death of the King or his eldest Sonne though never executed and so adjudged by Parliament in the Earle of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge Him to be lawfull and rightfull King of this Realme and that the Pope neither of himself nor by any authority of the See of Rome or by any other meanes with any other hath any Power or Authority to depose the King c. 3. Your selves amongst other Members Exact Collect p. 16. 19. 21. 59. 66. 83. 102. 103. 118. 123. 125. 141. 142. 143. 173. 180. 195. 219. 259. 281. 307. 380. 312. 360. 376. 457. A Collect c. p. 13. 18. 41. 43. 44. 49. 51. 61. 64. 96. 181. 182. 310. 321. 424. 425. 499. 599 623 696. 806. 807. 879. Appendix p. 15. in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed you never intended the least hurt injury or violence to the Kings Person Crowne Dignity or Posterity but intended to Him and His Posterity more Honour Happinesse Glory and Greatnesse than ever any of His Predecessors enjoyed That you would make good to the uttermost with jour lives and fortunes the Faith and Allegiance you have alwaies borne to him That all Contributions Loanes should be imployed onely to maintaine the Protestant Religion the Kings Authority Person Royall Dignity Lawes of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to His Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect pag 298. 695. 696. 657. 658. 991. That if they should make the highest presidents of other Parliaments their patternes that is Depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their Loyall hearts 4. By the Protestation Collect. of
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See vvhat use they make of providence in the 2. part of Englands nevv Chaines and formed to serve the Kings corrupt Interest why did they force from the House above 200. Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upoÌ„ them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a setlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdome yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Designe in bringing in the King Doe they call their threatning Declaration Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appeares that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such proportions as they and the two Houses shall agree 2. He disableth them to beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre That the King protected Delinquents from justice And all that the House desired in the Propositions presented to Him at Oxford Febr. 1642. was That His Majesty would leave Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The Sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
Generall and Generall Councell of the Army and their Faction now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pitying the bleeding condition and teares of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Lawes Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by cōcluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the setlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized Imprisoned 41 of the Members going to the House of Commons to doe their Duty secluded above 160. other Members besides 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their owne engaged party of 40. or 50. Members sitting who now passe Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their owne Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style af a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons doe declare protest That the said Generall Commissioned Officers Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged Warre and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament the Kings Person Authority in defence of Religion Lawes Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders Actings Passed and to be Passed by this nominall House of Commons are and will be void ab initio and all such as doe or shall obey them are and will be punishable both by the Armies owne judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We doe farther declare protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations the Protestant Profession Traytors against the Stat. of Treasons 25. Edw. 3. and against all Lawes and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation all the Parliaments Declarations Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposalls made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places Ianuary 19. 1648. William Pryn. Clem Walker About this time the Generall Councell of Officers at White-Hall ordered 75. The Coun of Officers order 2. Petit for the Com House 1. against Tyths 2. against the Stat. for Banishing the Ievvs 76. Col. Tichburnes Pet and Complaint against the Ld. Mayor their Orders thereupon The like Petitiōs vvere invited from most Counties vvhere a dozen Schismaticks and two or three Cloaks represēted a vvhole County That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Iewes Here you see they shake hands with the Jewes and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburne some schismaticall Common-Councell-men presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their owne Faction all others being displaced under the generall notion of Disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about foure or five daies after the Commons Ordered * See a just solemne Protest of the free Citizens of London against the Ordinance 17. Decemb 1647. disabling such as had any hand in the City Engagement to beare Offices That any six of the Common Councell upon emergent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Lawes and Reason of all our actions 77. An Act passed for adjournment of part of Hillary Terme
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to returne the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome being far the major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent Trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other Faction whatsoever which may arise should at any time hereafter get the upper-hand by the Peoples general adhering to them or any divisions of the Army or by any meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present Generall Councell of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnaturall tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamentall Lawes of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought sit to be inflicted on them shall speake or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties Property of the People One whereof was instanced to Me viz. That the KING should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke fit and to settle a very great Tax upon the People by a Land Rate for an established pay for the Army to be collected and leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
vvho gives Peters thanks and mony to boot for his late favour done him in Court Quaere VVhat an accusation extorted for feare of death and hope of life is vvorth Hamilton confessed at his death he had been much pressed yet had named no man Argyle and knovving him to be an Instrument of Cromwells imployed him as his Solicitor to the Members of the House and Army Peters prayes for Hamilton openly as his Lord Patron stil feeding him vvith hopes If he would Impeach their Opposites yet still he vvaved this offering them 100000 l. for his life and often inculcating vvhat services he vvould do them in Scotland for vvhich purpose he offered to joyn Interests vvith Argyle and be a Servant to their Party Messengers vvere posted into Scotland to knovv Argyles pleasure But he had been over-reached formerly by Hamilton he vvas resolved to admit no Competitor vvhich vvould have eclipsed his greatnesse and have made him not the sole Patron of Scotish Independency Besides the Kirke so farre hated Hamilton that they preached off his Head in Scotland before it vvas cut off in England the High Court of Iustice lingered long in expectation of an Answer at last such a one came as decried all reconciliation vvith Hamilton vvhereupon the scene vvas altered presently Bradshaw handled him roughly at the Bar Mar. 6. Those vvhich smiled on him before frovvned novv being asked vvhâ—â— he could say he pleaded Quarter and vouched Peters Testimony vvho vvith a brazen face renounced his former Testimony VVhen Hamilton was upon the Scaffold divers Officers of the Army and Hugh Peters conversed familiarly with him to the last and Messengers passed to and fro saying He novv remembred no such matter but that the Army scorned to give quarter to h m or any of his Nation vvhereupon he vvas condemned to the Block vvhich Sentence vvas executed upon him March 9. yet they fed Hamilton vvith vaine hopes to the last gasp for feare he should give glory to God and throw shame and infamy upon themselves by a Christian confession of his Argyles and their mutuall vilanies besides such a Discovery vvould have made Argyle lesse serviceable to them in Scotland vvhose next designe is to cajole the Kirke by seeming an Enemy to the Sectaries of England and pretending to serve the Presbyterian Interest Thus I conclude the Tragedy of Duke Hamilton 122 The Death of the L d Capel In opposition to vvhom I vvill briefly relate the Tragedy of the noble Lord Capel a Gentleman of great courage and integrity He had made an adventurous escape out of the Tower but vvas re-taken by the treachery of a limping VVater-man if I knevv his Name I vvould bestovv a blot of Inke upon him He pleaded for himselfe Articles of Surrender vvhich vvere reall in him though not in Hamilton that divers that vvere in Colchester and in his condition had been admitted to Compound and desired to be referred to Martiall Lavv vvhich being denied He moved he might not be debarred of Additionall defence if he must be judged by the Common Lavv then he demanded the full benefit of that Declaration of the Commons 19 Feb. 1648. vvhich Enacteth Declareth That though King and Lords be laid aside yet all other the fundamentall Lavves shall be in force concerning the lives liberties and properties of the Subject and recommended to them Magna Charta The Petition of Right 3 Caroli and the Act made H. 7. for indempuity of all such as adhered to the present King in possessione also the exception in the Act of Attainder of Strafford and Canterbury vvhich saies Their Cases shall not be used as a precedent against any man He desired to see his jury and that they might see him and so might be Tryed by his Peers saying He did believe no precedent could be given of any Subject Tried but by Bill of Attainder in Parliament or by a Iury. But all vvas but to charme a deafe Adder He vvas a gallant Gentleman and they durst not let him live The KING's Library at St. 123. The Kings Library at Saint Iames's given to Hugh Peters Iames's vvas given I heare to that ignorant Stage player Hugh Peters 26. Febr. Iohn Lylborne delivered to the Commons by the name of the Supreme Authority of England A Petition in the name of many thousand wel-affected vvith a Booke annexed entituled 124. L.C. Lylburnes Petition to the House with Englands nevv Chaines annexed See the Hunting the Foxes c. pag. 8. Englands new Chains discovered The most materiall points thereof are that they find fault vvith The Agreement of the People presented to the House by Lieut. Gen Hammond from the Officers of the Army because 1. They like not there should be any intervalls betvveen the end of this Representative novv sitting and the beginning of the next whereby during the said Intervall the Supreme povver vvill be lest in the nevv erected Councell of State a Constitution of a nevv and unexperienced nature vvhich may designe to perpetuate their povver and keep off Parliaments and Representatives for ever 2. They conceive no lesse danger in that it is provided that Parliaments for the future are to continue but 6 months and the Councell of State 18 Months in vvhich time having Command of all the Forces by Sea and Land they vvill have great opportunities to make themselves absolute and unaccountable 3. They are not satisfied vvith that Clause in the said Agreement That the Representative shall extend to the erecting and abolishing Courts of Iustice since the alteration of the usuall vvay of Tryalls by 12 svvorne Men of the Neighbourhood may be included therein as hath lately been done by erecting a new High Court of Iustice criminall under a President and Commissioners or Tryers picked and chosen in an unusuall vvay all liberty of exceptions against them being over-ruled 4. They are not satisfied vvith that Clause in the Agreement That the Representative have the Highest small Iudgement since their Authority is onely to make Generall Lawes Rules and Directions for Courts and Persons assigned by Law to execute them unto which the Representatives themselves are to be subject it being a great partiality and vexation to the People that the Law-makers should be Law-executors 5. They find fault with the Excise calling it The great obstructor of all Trade farre surmounting Ship-money and all Patents Projects and Monopolies before this Parliament 6. The Act for Pressing of Sea-men 7. The Generall and Officers obstructing the Presse 8. The Chauncery and Courts of Iustice not regulated Hunting the Foxes p. 8. sajes it vvas Iretons invention 9. They complaine That a Councell of State is hastily chosen as Guardians of the Peoples liberties with a vast and exorbitant power 1. To command order and dispose of all Forces by Sea and Land and all Magazines of Store in England and Ireland 2. To dispose all Publique Treasure 3. To command any Person whatsoever before them to give Oath
18. 1 Hen. 7. 12. 13. Plowdens Commis fol. 369. Cookes 4. Institutes pag. 329. 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any Clause thereof although it be a cleer dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regall Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principall occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complaine That the King had dissolved all former Parliaments against approbation of both Houses of Parliament wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regall Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Naturall or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5. 6. 14 17. compared together where they Affirme The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royall power in Dissolving of Parliament not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publique Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniencies which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royall Command to the Houses or their Speaker executed during his life time See Parl. Rols 6. Edw 3. 2. Rot. Parl. 3. 6. 5. Ric. 2. n. 64 65. 11. Ric. 2 nu 14 16 20. S Hen. 4. nu 2. 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8. 9. 11. 29. Hen. 6. nu 10. 11. 31 Hen. 6. nu 22 30 49. and Cooke 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summes of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heire or Successour and for supplying other His Majesties not his Heires nor Successours occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which Credit cannot be attained untill such Obstacles be first remoued as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Iustice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High-commission Ship-money Knight-hood Money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said Monies not others since so to be raised All which expressions related only to His late Majesty as to His Acts of Royall Power not to His Heires and Successours after His Naturall much lesse Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the severall Principall Scopes of this Act are fully satisfied long before the late Kings Death 4. It is cleer by the Body of this Act And be it declared c. That this present Parliament c. Shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unlesse it be by Act of Parliament to be passed for that purpose and that the House of Peeres shall not at any time or times during this present Parliament be Adjourned unlesse it be by themselves or by their owne Order And in like manner That the House of Commons shall not at any time or times be Adjourned c. as aforesaid From whence it is undeniable 1. That this Act was onely to prevent untimely Dissolving Proroguing and Adjourning of that present Parliament then Assembled and no other by Acts of Royall Power 2. That the King was the Principall Estate and Member yea our Soveraign Lord the sole Declarer and Enacter of this Law by Assent of the Lords and Commons 3. That neither this Act nor any other for Dissolving Proroguing or Adjourning this Parl. could be made without the Kings Royall Assent which the Lords and Commons in their Remonstrance 26. May 1642. often acknowledge together with His Negative Voice to Bills exact Collect. p. 69. 70. 736. 709. 722. 4. That it was not the Kings intent in passing this Act to shut Himself out of Parliament or create Members of Parliament without a King as He professeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 5. Nor the Lords and Commons intent to Dis member Him from His Parliament and make themselves a Parliament without Him as their said Remonstrance testifies and the words of the Act import much lesse was it their intent to pack a Parliament of 40. or 50. Commons onely selected by Colonell Pride to Vote according to the Dictates of a Councell of Warre after they had destroyed the King and House of Peeres Against which transcendent usurpation this very Act provides That the House of Peers shall not be so much as Adjourned or Prorogued but by themselves or their own Order 5. Neither did the King Lords and Commons in passing this Act intend That by Murdering the King Abolishing the House of Lords and expelling by power of the Sword eight parts of ten of the Commons the remaining Faction should constitute themselves their Heires and Successours a Perpetuall Parliament It is against the nature and essence of a Parl. to be Perpetuall and against the Liberty of the People which would Crosse and Repeal the Act for a Tryenniall Parliament made on the same day in Law Brook Parliament 80. Relation 85. Dyer 85. 6. The last Clause of this Act concludes as much And that all and every thing or things whatsoever done or to be done to wit by the King or His Authority for the Adjournment Proroguing or Dissolving of this Parliament contrary to this present Act shall be utterly voide and of none effect Now Death of the King and Dissolution of this Parliament thereby cannot properly be stiled a thing done or to
be done by the King if by those Words things done or to be done for the dissolving c. they shall say they related to the Kings Naturall Death Natural Death is the Act of God which these Saints cannot make voide if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloud shed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted downe by the Commons gave no consent the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royall Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Trienniall Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Bookes The Commons being so farre from claiming the sole Legislative Power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporall and Spirituall untill 45 Hen. 3. nor had they so much as a House of Commons or Speaker untill the Reigne of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances untill long after Rich. 2. time See the Printed Prologues to the Stat. 1 4. 5 9 10. 20. 23. 36. 37. 50. Edw. 3. 1 Ric. 2. 1. 2. 4. 5. 7. 9. 11. 13 Hen. 4. 1. 2. 3. 4. 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15. 28 29 39 Hen. 6. 1 4 7 8 12 17 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had power to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at the least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40. or 50. then sitting when this Act passed and acting the Wills of the Councell of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for which they served Object If it be objected that by usage of Parliament 40. Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor passe Lawes or matters of greatest moment Modus tenendi Parl. Cookes 4. Instit pag. 1. 2. 26. 35. 36. Cromptons Iurisd of Couts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1. Iac. c. 1. 2. 40 Members make not a House when the rest are Excluded by force without Dores and fraud of their Fellow-members within Dores on purpose that being the Major number they may not over-vote them The Commons not having power to expell any of their Members without consent of King and Lords in whom onely the Iudiciall power Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27 Seldens Title of Honour pag. 737. Baron Camoyes case discharged by the Kings Writ and Iudgement from serving amongst the Commons because a Peer of the Realm The practice for Members to Expell and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs then would Summon 40. or 50. Commons it were no House Added by the Abridger So M. Pryn concludes That if he should voluntarily submit to pay this Tax by virtue of the said pretended Act of Parliament Dated 7. Aprill 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegall Writs under a new kind of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peeres of the Realm as was adjudged in the Lord Camoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour Part 2. chap. 5. pag. 735. Seconded by Cookes 4. Instit pag. 1. 4. 5. 46. 47. 49. As he should admit those to be lawfull Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegeance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and reall intention to performe the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings Death consisting onely of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawfull Authority 1. To Violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expell most of their fellow Members the farre Major part of the House for Voting according to their Consciencies in favour of Peace and settlement of the Common-wealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of Warre and Iustice 5. To Arraign Condemne and Execute the King himself with the Peeres and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta The Petition of Right 3. Car. and the known Lawes of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To éxtirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seales Lawes Writs Legall proceedings Courts and Coyne of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Iewels Goods of the Crowne with the Lands of Deans and Chapters for their own advantage not the easing of the People from Taxes 10. To absolve themselves by a Papall kind of Power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heires and Successours yea from the very Oath of Allegeance notwithstanding this expresse Clause in it fit to be laid to Heart by all Conscientious Christians I doe believe and in Conscience am resolved That neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully
him to contemne them both Thus putting my trust in God I put Pen to Paper and my life into the scales vvhere God I knovv holds the ballance he vvhose providence takes notice of a Sparrovv falling from the house-top vvill vvatch over me and either protect me against them or receive me from them Cromvvell and Ireton by advice of their thriving Iunto of Independents in the tvvo Houses having mutinied the Army against their Masters the Parliament 2. An Introductory Repetition See my I. Part of the History of Independency sect 7 8 9 10 11 13 14. found that crime could not be defended but by committing greater vvherefore they seized the Kings Person at Holdenby to gaine Authority vvith the People that they might the better subdue the Parliament to their lusts for the better expediting vvhereof Sect. 18 19. they courted the City of London to sit Neuters and let them vvorke their vvills vvith the Parliament vvhich Myne not taking fire they united the scismatical Party of the City and Countrey to them and all such as being guilty of publique cheats and spoyles desired the protection of the Svvord to make good their rapines and accounted all men else as Enemies applying themselves to vvooe and cajole the People easily vvrought upon as being vveary of the VVarre and of the Mis-government Factions confusions and oppressions of their nevv Masters the Parliament vvhich indeed vvere very great but aggravated by them and their Agitators beyond the truth and the vvhole vvaight of them charged upon the more moderate and innocent Party onely because they vvere their Opposites vvhereas had they set the saddle upon the right horse as sure as Iudas bore the Bagge the Independents must have rid before the Cloak bagge they being the Publicans and Sinners that handled most publique treasure The Layers on Exactors Treasurers c. of Taxes the farre more numerous and busie party in all Mony-Committees and gainfull Employments Engrossers of all great Offices and the greatest Sharers of Publique money amongst themselves for Compensations for Losses and Revvards for Services pretended and consequently that Faction vvere the greatest Dilapidators of the Common-vvealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent faction lay their Bastards at other Mens dores making a shevv to redresse those faults in other men vvhich themselves are chiefly guilty of vvherefore the better to ingratiate themselves vvith King and People they printed and published Engagements Declarations Remonstrances Manifestoes Proposals and Petitions of their ovvne penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steale the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publique Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Lavves Liberty and Property Setlers of Religion Maintainers of the Priviledges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives vvith honour freedome and safety to his Person originally their ovvne vvords Booke of Declarations of the Army pag. 112. Represent of the Army at S. Albons Iune 23. 1647. B. Decl againe p. 64 Sir Tho Fairfax's Letter to the Houses from Reading Iuly 6. 1647. B. Decl againe p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 1â— 14 4â— and my Animadverssions upon the Armies Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands Nevv Chains and the Hunting the Foxes from Nevv Market and Triplo heath to White hall by five small Beagles p. 6 7. See my Animadversions upon the Armys Remonstrance Nov. 20. 1648 and Putney Projects p. 43. and Major Huntingtons Relation in a Booke caled A plea for King and Kingdome in Answer to the Armys Remonst presented Novemb. 20. 1648. pag 14 15. 16. and Second part of England's New Chaines and the said Hunting of the Foxes c. And the Reasons inducing Major Robert Huntington to lay downe his Commission though since they Quarrell vvith Parliament City for using them Reducers of his Queen and Children vvithout vvhich they openly professe and Declare positively in many printed Papers to the vvorld and the Parliament There can be no setled peace nor happinesse to this Nation The truth of this Assertion vvas obvious to the meanest Capacities and vvill sodainly be proved by deare and lamentable experience To all these undertakings they novv hunt directly counter yet in pursuance of these undertakings the Army by their ovvne Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtaine from his Parliament They treated vvith him yea they vvrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to preferre the Proposals of the Army and then presuming they had him fast lymed they propounded to him anevv as I have it from good hands private Proposals for the Interest of the Independent Grandees and the Army derogatory to the Kingly Povver and Dignity to the Lavves Liberties and Properties of the Subject and destructive to Religion To vvhich his Majesty giving an utter denyall they began to entertaine nevv Designes against the Kings Person and Kingly Gouvernment vvhich they ushered in by setting the Schismaticall and Levelling Party on vvork in City and most Counties to obtrude upon the Houses clamorous Petitions against further Treaties and demanding exemplary Iustice against the King exceedingly laboured by Cromwell himselfe in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Decemb. 11. 1648. vvas the most eminent these men that insolently petitioned against the fundamentall Government of the Land and Peace by Accommodation vvere entertained vvith Thanks Others that petitioned for Peace by Accommodation vvere entertained vvith Frovvns disfranchisings sequestrations vvounds and death as the Surrey Gentlemen this shevved vvith hovv little reality the over-ruling Party in the Houses Treated vvith the King 2. part of England's Chaines discovered 1. Treaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of VVight 2. The Parliament that is the predominant Party pursued him thither vvith offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he passe 4. Dethroning Bills of so high a nature that he had enslaved the People subverted Parliaments and had made himselfe but the Statue of a King and no good Christian had he by his Royall assent passed them into Acts of Parliament 1 par Hist Ind. sect 62 63 64. and the Parliament or rather the Grandees
the King amongst them Againe they say That if the King come in to the Parliament He vvil be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army vvill be looked upon as Oppressers and the jealousies and discontents of the People be increased against them and make them apt to joyne issue vvith the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these vvords and their ovvne practice I conclude for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchicall Government and Lavv of the Land to murder the KING as they have since done Againe they say If the King vvere returned each Party vvould strive first and most to comply vvith Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold vvhat use these covvardly Saints make of necessity and self-preservation 5. That they may appeale to their Svvord against the Authority of any their Governours in order to publique safety vvhich tvvo last conclusions set the dore vvide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellovv is apt to raise them into a storme against their Governours for their fabulous assertions vvherevvith these Saints usually guild over their foule actions 1. That the Houses were free vvhen they passed the 4. Votes for Non-Addresses 2. That they vvere not free vvhen they recalled them 3. That the People vvere quiet and contented untill the recalling those 4. Votes and aftervvards vvere untsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered Himselfe to them 5. That vvhen they made Addresses to Him it vvas but to prevent the Presbyterian Party But it appeares their ayme from the beginning vvas to suppresse the Presbyterian and advance their ovvne Party and lay by the King and domineer over Him and the Kingdome for vvhen Cromvvell had brought his Designe to perfection he said at Kingston That he vvas as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65 66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of tvvo sorts all founded upon the said live Antimonarchicall Principles The first for satisfying publique Iustice that is for the Hang man to teach the Iudges vvho they shall Sentence to execution 1. They demand the Person of the King may be brought to speedy Iustice this affront they put upon the Parliament vvhen they vvere neer conclusion of their Treaty vvith Him vvhen He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamentall Government and Lavves of this Land and consequently the Liberty and Property of the People their Deaths-vvond By the lavv of God nature reason and the Lavves of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oathes of Allegiance Supremacy Stat of Recognition 1 Iac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edvv. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec p. 72 73 74. 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no povver to hurt the Kings Prerogative much lesse I thinke to hurt his Person the Lavves are the Kings Lavves Courts the Kings Courts Iudges his Iudges Great Seale his Seale the VVrits the Kings VVrits the Iustice and Peace of the Land are his consequently the VVars his VVarres he is the fountaine of all Authority as vvell as of all Honour Thou shalt not speake ill of the Governour of the People therefore not accuse him The King hath no Superior nor equall in England contrary to that false distinction of the Observator that he is Major singulis minor universis VVhen David vvould have gone forth to Battle his Army dissvvaded it using these reasons If vve flee they vvill not care for us neither if halfe of us die vvill they care for us But thou art vvorth ten thousand of us here you see the King is reckoned major universis more than all his Army and yet that Army vvas at that time in effect all the vvel-affected of the Land and therefore by the Anarchicall Principle aforesaid the onely people of the Land for further proofe hereof I appeale to all our Lavvs and Statutes hovv vvill they Trie him vvho shall Iudge him vvho are his Peeres that he may be Legally Tryed like a Freeborne man for sure they cannot deny him that right according to Magna Charta per legale iudicium parium suorum It is a grounded Maxime in our Lavves The King can doe no vvrong vvherefore then vvill they Trie Him for doing no vvrong The policy and civility therefore of our Lavves and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency alvvaies accused his Evill Counsellours and Ministers and freed Himselfe lest they gave advantages to ambitious men Absolon-like to scandalize and dishonour him and render him lovv and vilde in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royall Throne vvhich is alvvaies accompanied vvith an earth-quake of the vvhole Land * 1. Pet. 2.13 Here the King is called Supreme not the People and though said to be an ordinance of man in some respects yet S. Paul Rom 13. saith He is ordain'd of God 2. Governours are distinguished the King is Supreme and Governors are sent by him his Comâ—ission Besides it appears Gen. 3.16 4.7 God gave not to all men that freedome which is supposed the foundation of supremacy in the people He made them not masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of vvhom the Commonalty consists and each individuall nor the whole Commonalty can give him more power then himselfe hath But no man hath power over his owne life neither arbitrarily nor judicially but onely over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with
the Office vvil be so unvvorthy of any vvise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I doe hereby give my voice to Cromvvell the perfidious Brevver catch vvho catch can let them agree amongst themselves I care not vvhich of the tvvo shal be set up for the nevv States Scar-crovv This Remonstrance vvas about a VVeek after seconded vvith a most insolent threatning Declaration composed altogether to terror it vvas occasioned as follovveth About the latter end of November the Parliament vvas informed the Army vvas upon their march to London vvhereupon not vvithout great opposition by the Armies Party in the House and vvith great caution it should be mannerly phrased for feare of angring his insolency a Letter vvas Voted to be sent the Generall forbidding his neerer approach In comtempt vvhere of the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to VVestminster to doe what God should enable them unto The same night they came to Hyde Parke corner and kept Guards there Hereupon it vvas put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the covvardice of some vvhose hearts novv began to melt and the impudent restlesse bavvling of those cheating Saints that comply vvith the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Ansvver vvas debated and as a prologue to it young Sir Henry Vane a VVhelpe of the old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speake more plainly VVe shall discover who are the Kings Party in the House and who the Peoples To vvhich vvas Ansvvered That since this Gentleman was so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in mind of another Division of the House Sir you will find some desirous of peace and they are Losers by the VVarre Others are against peace and those are Gainers by the VVarre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feet for till then the Ballance of the Common-wealth will never stand right towards a Setlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principall Publican or Treasurer they get constantly above 6000 l. per annum betvveen them besides private cheats by paying halfe Debts and taking Acquittances for the vvhole and then discounting for the vvhole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much vvealth as makes him savvcy enough to hire VVilliam Lilly and other Pamphletiers to derive his Pedigree from Iohn Holland Duke of Exeter although it be knovvne he vvas originally a Link-boy but he is novv one of the Nevv Lights an illuminated Brother Master Pryn moved the debate of the Kings Ansvver might be laid aside untill it vvas a free Parliament not environed by the Army but said M. Rich Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the Generall tooke possession of VVhite Hall for his Quarters 20. The Generall Garrisons White-hall the Mevves upon his owne head as if he meant to keep out the King in defiance of the Treaty he brought to Tovvne vvith him foure Foot Regiments and six Regiments of Horse part vvhereof quartered at VVhite-Hall the rest in Torke House and other great Houses the Horse turned the Reformado Horse Guards that attended the Houses and lodged in the Mewes by their order out of their Quarters vvithout applying themselves to the Houses Vpon Monday Decemb. 4. 21. The House inform'd that the King was surprized by rhe Army and carried Prisoner to Hurst Castle Nevvs came to the House that by severall Orders from the Generall His Majesty was seized in His Bed-chamber and hurried away Prisoner to Hurst Castle a Block-house out of the Isle of VVight standing about a mile and halfe in the Sea upon a Beache full of mud and stinking oaze upon low tydes having no fresh water within two or three miles of it bitter cold and of a foggy and pestilent ayre so noysome that the Guards thereof are not able to endure it long without shifting their Quarter This vvas a torment beyond Pistoll and Poyson many spake against the insolency of this fact as being committed against the life of the King and against the honour and publique faith of the Parliament vvho had Voted He should Treat in Honour Freedome and Safety in Newport in the Isle of VVight and had accepted His Royall VVord not to withdravv out of the Island during the Treaty nor in 20. daies after vvhich vvere not yet expired and novv to have the Houses debates results fore-stalled and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King vvas a presumptuous and rebellious act It vvas moved therefore that it might be Declared That his Majesty vvas removed out of the Isle of VVight by his Excellencies VVarrant vvithout the consent or privity of the House But those Members that Idolize that Bell and the Dragon the Army and are but Priests fatting themselves upon the Sacrifices of that Image insisted upon it to have tvvo vvords amended in the Question 1. The vvord Declare vvould be construed to be a Declaring against the Generall and Army 2. The vvord Consent to be left out lest it argued a disagreement in opinion and practice betvveen the Army and the House as if the House dissented from it And certainly those Gentlemen that stood upon these niceties could not say it vvas done vvith their consent for it vvas hatched in the Iunto so it vvas barely voted To be done vvithout privity of the House neverthelesse 22. The Debate upon the Kings Answers resumed The same day they resolved to resume their last Saturdaies debate upon the Kings Ansvvers to the Propositions of both Houses The first Question debated vvas VVhether they were satisfactory or no The Army Party argued They were not satisfactory because the King had not granted all their Propositions in Terminis To this vvas Ansvvered That
jugling trick to make them acknovvledge the Lord Fairfax Authority and become voluntary Prisoners upon their ovvne engagement and vvas therefore refused The next morning being Thursday the Imprisoned Members had vvarning given them to meet the Generall and his Councell of VVarre at VVhite-hall vvhither they vvere Guarded in Coaches tyred out vvith vvatching and fasting But the mechanick Councel took so much state upon them that after six or seven hovvers attendance untill darke night and no admittance nor application to them they vvere led avvay from thence on foot vvith Guards of Musketiers like Thieves and Rogues and thorovv the kennels like Col. Prides Dray-horses to the Swan and Kings-head tvvo Innes in the Strand and there distributed under severall Centinels The Souldiers making a stand vvith them sometimes halfe an hovver together in the snovv and raine untill they had put their Guards into a marching posture and reviling them See the 2. part of Englands Chaines discovered and the Hunting of the Foxes c. that they were the men that had cousened the State of their money and kept back their Pay Vpon vvhich scandalous provocation some of them Ansvvered That it was the Committee of the Army and their owne Officers that had cousened them vvhich some of the Foot-Souldiers then acknovvledged Besides the 41. Imprisoned Members the Officers standing severall daies vvith Lists of Names in their hands at the Parliament dore have turned back from the House and denied entrance unto above 160. other Members besides 40. or 50. Members vvho voluntarily vvithdrevv to avoid their violence all vvhom they knovv to be Losers by the VVarre and therefore desirous of a safe and vvel-grounded peace so that they have made vvarre against the majority of the House that is against the vvhole House for major pars obtinet rationem totius by all our Lavves and Customes The major part of the House is virtually the whole House vvhich is Treason by their ovvne Declarations and Remonstrance farre higher than that vvhereof they accuse the King and for vvhich they demand Iustice against Him and the remaining faction of 40. or 50. engaged Members vvho novv passe unpresidented Acts of Parliament of the House of Commons as they call them vvithout the Lords ought not to sit Act nor take upon them the stile of a House under so visible actuall and horrid a force both by the Lavves of the Land and their ovvne Ordinance passed August 20. 1647. To null and void all Orders Votes and Acts passed under the Tumult of Apprentices from Iuly 26. to the 6. August following and yet the said Tumult ended the said Iuly 26. vvhen it begun See the said Ordinance herevvith printed The Army vvho novv acknovvledge no povver but that of the Svvord as Major VVhite long since foretold at Putney and vvhose principle it is To break the Powers of the Earth to pieces as VVilliam Sedgewicke in his Iustice upon the Army Remonstrance saith And who as Ioh Lilburne in his Plea for Common Right p. 6. saith have by these extraordinary proceedings overturned all the visible supreme Authority of this Nation now suffer onely their owne Party of 40. or 50. Members to sit and doe journey worke under them who are Enemies to peace and have got well by fishing in troubled waters and hope to get better so that hardly a seventh or eighth part of the Counties Cities and Burroughs that ought to have Members sitting have any body to represent them and therefore hovv they shall be bound by the Votes and Acts of this fagge end this Rump of a Parliament vvith corrupt Maggots in it I doe not see Friday Decemb. 8. a Message from the Generall vvas brought to Sir Robert Harlow that he might go home to his house giving his engagement not to oppose the actings and proceedings of this present Parliament and Army The like vvas offered to divers others you see hereby vvhat the offence of these Imprisoned Members is onely a feare that they will defend the fundamentall Government the Religion Lawes and Liberties of the Land the Kings Person and Authority and the being of Parliaments against the Tyrannicall and Treasonable practices of the Army and their House of Commons The small remnant of the House of Commons sent sundry times to the Generall to knovv why he Imprisoned their Members 24. Reasons proving that the remaining faction or Iunto sitting under the force of the Army were consenting to the securing secluding their Members sect 134 135. and humbly to beseech him to set them at liberty if he had nothing against them But all this vvas but prevarication and false shevves for 1. Their base and conditionall vvay of demanding their Liberty if he had nothing against them implies an acknovvledgement of the Generalls jurisdiction and conusance over them and an invitation of him to accuse them 2. Their sitting and acting under so brutish a force before their Members righted or the honour of the House vindicated is a deserting and yeilding up of their Membres honour 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling Ansvver to their said Demands concerning the secured and secluded Membres as aftervvards they did vvithout hearing vvhat the said Members could say for themselves is cleerly a forejudging and betraying them 4. Their late Votes That no man shall peruse their Iournall Booke of Orders c. without speciall leave is purposely done to barre the said Membres vvho cannot make any perfect Ansvver in confutation of the Scandals cast upon them by the Generall Councels printed Libell against them vvithout having recourse to the said Booke to see vvhat Votes passed for Ireland for the 200000 l. and other matters To say nothing hovv unusuall and unjust it is to keep the Records of the House from the vievv and knovvledge of any man and yet to expect their obedience to them 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced and imploying Souldiers to Search all Printing Houses dayly is done in ordre to barre the said accused Members from publishing an Ansvver in their justification 6 Their Summoning Mr. Pryn by ordre to appeare at the Commons Barre knovving him to be still a Prisoner to the Army shevves that the Army and they serve each others turnes against them 7. And Lastly the Declaration of the present House of Commons dated Iaen 15. 1648. is nothing but an eccho of the said Ansvver of the Generall Councell against the said secured and secluded Members They that are so vvickedly industrious to destroy these Gentlemens credits doe this as a preparative to destroy their Persons and seize upon their Estates for the maintenance of a nevv VVarre vvhich they foresee their violent courses vvill bring upon them and for the farther inriching of themselves and establishing their Tyranny vvhich they miscall The Liberty of the People This violent purge vvrought so strongly upon the House and brought it to that vveaknesse that ever since
who gave a man 20 l. to wait on the King in his place as Pensioner when He demanded the 5. Members Michael Oldsworth Augustine Garland Sir Io. Danvers Mr. Dove Mr. Henry Smith Mr. Frye whose Election is voted void Mr. Searle Nich Love Iohn Lysle Col. Rigby Cornelius Holland Col. Ludlow Greg Clement Col. Purefoy Col. Stapeley Mr. Dunch Mr. Cawley Col. Downes Io Carey Iohn Blackiston Tho Scot. Decemb. 22. Col. Hutchinson Sir Hen Myldmay Sir Iames Harrington Decemb 25. Col. Edward Harvey Alderman Pennington Alderman Atkins Dan Blagrave voted out of the House Col. Moore Col. Millington Mr. Prideaux Roger Hill the little Lawyer Dennis Bond Col. Harrington Master Hodges Mr. Valentine Sixteene of the imprisoned Members were about this time sent for by the Generall when they came out came Ireton 44. Sixteen imprisoned Members discharged without engagement and finding Mr. Pryn amongst them he chid the Martiall for bringing him and commanded him to be taken away but Mr. Pryn refusing to depart Ireton commanded him to be thrust out by head and shoulders whereupon Mr. Pryn openly protested That the Army endeavoured uttterly to subvert the fundamentall Lawes of the Land and Priviledge of Parliament That they had no power over him nor any Member of Parliament That their late force acted upon them and their proceedings was illegall and trayterous That all men were bound to bring them to condigne punishment as Rebels and Traytours to their God their King Countrey and Parliament So Mr. Pryn was removed by the Marshall and Ireton went in once more to consult the Oracle at last came out again to the Gent telling them It was the Generalls pleasure they should be all released attempting nothing against the actings of this present Parliament and Army but said the insolent Fellow let that be at your perill so the Gentlemen expressing that they would give no engagement were released without any The 22. Decemb both Iuntoes of foure Lords 45. A mock Fast kept by the two Houses and H. Peters comick Sermon and twenty Commons kept a mock Fast at Saint Margarets Westminster where Hugh Peters the Pulpit-Buffon acted a Sermon before them the subject of his Sermon was Moses leading the Israelites out of Aegypt which he applied to the Leaders of this Army whose designe is to lead the people out of Aegyptian bondage But how must this be done that is not yet revealed unto me quoth Hugh and then covering his eyes with his hands and laying downe his head on the cushion untill the People falling into a laughter awakened him He started up and cried out Now I have it by Revelation now I shall tell you This Army must root up Monarchy not onely here but in France and other Kingdomes round about this is to bring you out of Aegypt this Army is that corner stone cut out of the Mountaine which must dash the powers of the earth to pieces But it is objected The way we walke in is without president what thinke you of the Virgin Mary was there ever any president before that a Woman should conceive a Child without the company of a Man this is an Age to make examples and presidents in 46. The Councell of Wat vote a Toleration of all Religions Decemb. 25. The Councell of Warre voted a Toleration of all Religions you see they vote like States men as well as their Parliament About this time a Committee of Common-Councel-men came complainning to the House of Skippons additionall Ordinance 47. The Common Councell petition against Skippons additionall Ordinance in vaine That none should Elect or be Elected or execute the Place of Lord Mayor Alderman Aldermans Deputy Common-Councell-man c. that had signed the Petition for a Personall Treaty c. because they found the City generally ingaged in the said Petition so that they could not find Men enough to Elect or be Elected Wherefore it was referred to a Committee to thinke of a remedy worse than the disease as it proved afterwards You see the petitioning for a Personall Treaty was so universall and publique that it could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capitall Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men and subscribed and prosecuted by some few beggerly Schismaticks without Cloakes in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 48. Somerset shire encouraged by the House to associate all the welaffected i.e. all the Anarchists and Cheaters 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the welaffected and forces of the Counties adjacent this is to associate Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the Generall 49. Mr. Pryns Letter to the Generall demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfex Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regall and Prelaticall tyranny and no way subject to your owne your Councell of Warres or Officers military power or jurisdiction going to the House to discharge my duty on the 6. of this instant December was on the staires next the Commons House dore forcibly kept back from entring the House seized on and carried away thence without any pretext of Lawfull Authority thereto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custodie and tossed from place to place contrary to the knowne Priviledges of Parliament the Liberty of the Subject and fundamentall Lawes of the Land which your are engaged to maintaine against all violation And therefore doe hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals owne hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke Who returned this Answer by him upon the reading thereof THat he knew not but Mr. Pryn was already released and that he would send
all Orders p. 8. 13. 41. 43. 44. 49. 51. 61 64. â—6 9â— 623. 69â— 879. Appendix pag. 15. they Declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the Nationall Covenant they vowed to defend the Kings Person and Authority in preservation of true Religion and Liberties of the Kingdome and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your owne hands robbing both King Lords the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied Warre against the Parliament to dissolve it till the removall of which force and restoring your Members with freedome and safety you ought not to sit or Act by your Armies owne doctrine in their Remonstrance Aug. 18. by the Declaration and Ordinance of both Houses Aug. 20. 1647. Also 15. E. 3. n 5. 17. E. 3. n. 2. 6. 18. E. 3. n. 1. 2. 5. c. â— R. 2. n. 1. 2. R. 2. n 1 3. R. 2. n. 1. 4 R. 2. n. 1. 5. R. 2. Parl 1. n. 1. Parl. 2. n. 1. 8 H. 4. n. 28. Sec. 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39 H. 6. c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2. dorso clauso 6 E. 3. m. 4. 6 E. 3. apud Westm ' Parl. 2. n. 1 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the Houses were full 7. You have neither Law nor president for what you doe Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resigne their Crowns in a formall way one to his Sonne the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reigne without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb vvithout hearing them See Mr. Io Grereâ—s Ans to that silly Sophister Io Goodvvin called Might overcomming right Ian. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Ian. 1648. with much adoe got printed their Vindication against the Aspersions cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The summe whereof is as followeth By the Preamble of this Answer by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited 73. The sec secl Mem. Defence aginst the scandalous An of the C of VV it appeares this designe to breake the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it selfe irregular and not justifiable but by honest intentions and extraordinary necessity the weaknesse of which Answer we must examine but first must state the case between us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdome and to be from time to time subject to such Orders and directions as they shall receive from both Houses of Parliament and to this end they stand Commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemne Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of the Parliament and the Liberties of the Kingdome and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdome they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded drove away many of the Members the Question is Whether this Action be Iustifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to this Parliament 4. To set up a new Representative of their owne which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentioÌ„s for publique good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Lawes of God and the Land under which they live which they are engaged to maintaine we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The Agreement of the People which is lower in demands than these which they call Honest intentions for publique good was condemned by the Army The promoting it in the Army judged mutinous and capitall Col Rainsborough and Major Scot complained of in the House for appearing in it and the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or Principle is Extraordinary Necessity for the same end To this we say 1. The Army made the same plea of necessity in their Remonstrance Iune 23. 1647. upon quite contrary grounds to what they expresse now both to justifie the same violent proceedings against the Parliament then when the King was seized upon by a Party of the Army without Order from the House the Army advanced against the Parliament They say in their Letter to the House Iuly 8. 1647. There have been several Officers of the Army upon severall occasions sent to his Majesty the first to present to Him a Copy of the Representations and after that same others to tender Him a Copy of the Remonstrance upon both which the Officers sent were appointed to cleer the Sence and intentions of any thing in either Turne back to sect 2 and see my Aniadvers upon the Army 20. Nov 1648. p. 4 5 6 7. Paper whereupon His Majesty might make any Question There the Army Treated with the King yet now they offer violence to the Parliament for Treating with the King Then in their Remonstrance 25. Iune
more than My owne particular ends makes Me now at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Iudges I cannot be Iudge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I doe conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this liberty I doe protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Iurisdiction of the Court and a delay Yet the Court vvithdrevv for half an hovver advised upon it and sate againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny justice and notvvithstanding vvhat You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed againe againe that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerk read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat whereas the Commons of England in Parliament had appointed them an high Court of Iustice for the Trial of Charls Stuart King of England before whom He had been three times Convented and at the first time a Charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * Here the Clerk read the aforesaid Charge Which Charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He refused so to doe and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charles Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Iudgement and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw your Prisoner King I am not suffered to speak expect what Iustice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendants of the Court. Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir John Bowcher Sir James Harringtoâ— Sir William Brereton Will Hennigham Es Isaac Pennington Ald Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Colonel John Berkstead Sir Will Cunstable Col. Edward Ludlow Col. Jo Hutchingson Col. Rob Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Es Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennes Bond Esq Humph Edwards Esq Gregory Clement Esq John Fray Esq Tho Wogan Esq Sir Greg Norton Serj. John Bradshaw Col. Edm Harvey John Dove Esq Col. John Venn John Foulks Alder Thomas Scot. Tho Andrewes Ald William Cauwley Esq Col. Anthony Stapley John Liste Esq John Corbet Esq Thomas Elunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq Mr. Bradshaw nominated President Counsellours assistant to this Court and to dravv up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Phileps Clerke to the Court. Messengers and Dore-keepers are Master VValford M. Radley M. 〈◊〉 M. Pâ—vvell Mr. Hull and M. King Cryer 85. Observations upon the Tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. Confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded frighted away And in order to this designe against the King the House of Peers voted downe and yet the House of Commons when intire is no Court of Judicature nor can give an Oath Had indifferent men been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a Civill Martyr dying for the Liberty of the People And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. Februarij Cromwell and Ireton and their Canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their Requests are Commands to enable the said Councell to hang all such as they shall adjudge Disturbers of the Army 1. Part of Englands lyberty in Chaines sub fine And the Hunting of the Foxes c although no Members of the Army they must
shall be used and no other and the Date of the yeare of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Iuratores pro Domino Rege they shall be Iuratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publicam All Judges Justices Ministers Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custome to the contrary notwithstanding c. 92. Another device to mortifie the King The King lay in White-hall Saturday the day of his Sentence and Sunday night so neer the place appointed for the separation of His Soule Body that He might heare every stroke the Worke-men gave upon the Scaffold where they wrought all night this is a new device to mortifie Him but it would not doe 93. Tuesday 30. Ian. 1648. was the day appointed for the Kings Death He came on Foot from Saint Iames's to White-hall that morning His Majesty coming upō the Scaffold made a Speech to the People which could onely be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts neare it and from their Pennes onely we have our informations His Majesties Speech upon the Scaffold and His Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their Priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see cleerly that They began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdome Souldiers Rebelling against their Master or Soveraigne though they prevaile cannot claime by conquest because their quarell vvas perfidious base and sinfull from the beginning But I must first shew you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever find was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrell that you have that makes it unjust in the end that was just in the beginning but if it be onely matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never doe right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but onely a Nationall Synod freely called freely debating amongst themselves must settle this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My selfe I will onely give you a touch of it 3. For the people and truely I desire their Liberty and Freedome as much as any man whatsoever I must tell you their Liberty and Freedome consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a share in the Government that is nothing pertinent to them a Subject and a Soveraigne are cleane different things and therefore untill you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See sect 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the impudence to ansvver the Dutch Ambassadours That vvat they had done to the King vvas according to the Lavv of the Land They meant that their Lusts are the Lavvs of the Land for other Lavv they can shevv none This was the effect of His Majesties Speech who shewed much magnanimity and Christian Patience during all the time of His Triall and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had His. Head severed from His Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Petty foggers Bradshaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this auntient Kingdome is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King the Commons sent abroad Proclamations into London and all England over reciting 94. Proclamations published against proclaiming the King That whereas severall pretences might be made to this Crowne and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever doe presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chiefe Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat vsage or custome to the contrary notwithstanding Who shal judge whē these Fellowes wil be thougt free and whē not and whosoever
this Nation as it was with the Netherlanders and other People for theirs and that upon the same Principles that the Army engaged at New-market and Triploe-heaths both Parliament and Army declaring That it is no resistance of Magistracy to side with just Principles Law of Nature and Nations And that the Souldiery may Lawfully hold the hands of that Generall who will turn his Cannon against his Army on purpose to destroy them The Sea-men the hands of that Pilot who wilfully runs his Ship upon a Rock And therefore the condition of this Commom-wealth considered we cannot see how it can be otherwise esteemed in us And upon that account we Declare that we doe owne and are resolved to owne all such Persons either of the Army or Countries that have already or shall hereafter rise up and stand for the Liberties of England according to the said Agreement of the People And in particular We doe owne avow the late proceedings in Colonel Scroops Col. Harrisons and Major General Skippons Regiments declared in their Resolutions published in print As One Man Resolving to live and die with them in their our just and mutuall defence And we doe implore and invite all such as have any sense of the Bonds and Miseries upon the People any Bowels of Compassion in them any Piety Justice Honour or Courage in their Brests any Affections to the Freedomes of England any love to his Neighbour or Native Country to rise up and come in to help a distressed miserable Nation to breake the Bands of Cruelty Tyranny and Oppression and set the People Free In which Servise Trusting to the undoubted goodnesse of a just and righteous Cause We shall faithfully discharge the utmost of our Endeavours Not sparing the venture of all hardships and hazards whatsoever and leave the Successe to God Signed by me WILLIAM THOMPSON at our Randezvouz in Oxford-shire neer Banbury in behalf of my Self and the Rest Engaged with me May 6. 1649. For a New Parliament By the Agreement of the People About this time Doctor Dorislaus a Civill Lawyer 159. Doct Dorislaus stabbed to death in Holland sometimes Judge Advocate to the Earle of Essex and Lord Fairfax and lately one of the Councell in the High Court of Justice against the KING and the 4. Lords was sent from the Parliament Agent into Holland where about 18. Scots-men repayring to his Lodging 6. of them went up the stayres to his Chamber whilst 12. of them made good the stayre-foot they stabb'd him to death and escaped About the 14. day of May 1649. 160. Hasleriggs barbarous motion to murder ix Royalists of the best quality in revenge of Dorislaus Report was made from the Councell of State to the House of the examination of 3. Servāts of Doctor Dorislaus concerning the Death of their Master what allowances were fit to be given to his Children out of the Kings Revenue thereby to lay an aspertion upon the King as if He having had an influence upon that Fact His Estate must make the recompence notwithstanding Scotish men did the deed in revenge of Hamiltons death Dorislaus had been a poor Schoolmaster in the Low Countries formerly from whence he was translated to read the Histori Lecture at Oxford where he decried Monarchy in his first Lecture was complained of and forgiven by the benignity of the King Then he became Judge Advocate in the Kings Army in his expedition against the Scots afterwards he had the like imployment under the Earle of Essex and lastly under Sir Tho Fairfax a great Gainer by his employments but withall a great Antimonarchist a Saint in Cromwells Rubrick therefore had a magnetique virtue both living and dead to draw money to him in abundance Upon occasion of this Debate Haslerigge moved That 6 Gentlemen of the best quality Royalists might be put to Death as a revenge for Dorislaus and to deterre men from the like attempts hereafter That you may the better see of what Spirit Haslerigge is knowne That some Northerne Counties having petitioned the Commons for reliefe against the miserable famine raging there Haslerigge opposed their request saying That want of food would best defend these Counties from Scotish Invasions What man that had any sense of Christianity Courage Honesty or Justice would have been the Authour of so barbarous and unjust a motion That 6. Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge malice nay to guilty feares and base cowardize to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would read the Alchoran or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old New Testament of Moses and Christ to so little purpose Yet the House 18. May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a devise to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See § 161. An Act declaring more nevv Treasons About this time came forth that prodigious Act declaring 4. new Treasons with many cōplicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdome or Republike of Christendō Because I have formerly spokē of it the Act it self printed publisht dreadfully notorious throughout the whole Kingdō I wil refer you to the printed Copie only one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieu. Gen any Members of this present Parl or Councel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I wil only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots Words 1. Against this present fagge end of a Parliament against their never-before heard-of Supreme Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberties of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please not otherwise for the Sword and the Purse is trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known when they are known we owe them no Allegiance without which no Treason by the
knowne Lawes of the Land which is onely due to the King His lawfull Heires Successours thereto we are sworne nor are the particular Powers Authorities granted by this Parliament to the said Keepers of the Liberties of England Councell of State yet any where authentically published made knowne to us by any avowed Act unlesse we shall account their Licenced New books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enstave us they would set us free have brought us so farre below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawne from us our money and bloud they now deny us the use of reason and common sense belonging to us as Men Governe us by arbitrary irrationall Votes with which they baite Traps to catch us woe be to that People whose Rulers set snares to catch them and are amari venatores contra dominum Men-hunters against God nay to move any Person to stirre up the People against their Authority is hereby declared Treason marke the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keepers of the Liberties of England or Councell of State shal extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in the Case of Lilburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands Wives Brothers all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army the Father or Master endeavour to withdraw him from so plundering and roguing a kind of life back to his profession Secondly if any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Soldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their conterfeit Great Seale it is declared Treason I wonder it is not Treason to counterfeit their counterfeit Coyne Behold here new minted Treasons current in no time nor place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our new Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic jubeo it shall be Treason because they vvill call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates Liberties must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants Members of the Army vacates all our Lawes Liberties Properties and destroies our Lives Behold here a short view of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons See 1 H. 4. c. 10. â—1 H. 7. c. 1. Declares 1. That to compasse or imagine the Death of the KING how much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavie Warre against the KING or adhere to His Enemies in his Realm and thereof be proveably attainted of open deed by people of their condition 4. To counterfeit the KING' 's Great or Prive Seale 5. Or His Money 6 To stay the KING'S Chancellour Treasurer Iustices of one Bench or other Iustices in Oyre Iustices in Assize and all other Iustices assigned to heare and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the 4 Lords ought to have been Tried not by a new shambles of justice doth happen before any Iustices the Iustices shall tarry without any going to Iudgment of the Treason till the Cause be shewed and declared before the KING and His Parliament not before the House of Commons onely or before both Houses without the KING whether it ought to be adjuged Treason You see how few in number these Treasons specified are and that they must be attainted of open deed by their Peeres our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem speaking of Treasons facta arguebantur dicta impune erant These horrible tyrannies considered and being destitute of all other lesse desperate reliefe I doe here solemnly declare and protest before that God that hath made me a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the Reverend name and Title of a Iudge or Iustice shall give Sentence of Death upon any Friend of mine upon this or any other illegall Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time serving State-flattering Priests and Ministers notwithstanding follow the exemples of Sampson Iudith Iaell and Ehud and by Ponyard Pistoll Poyson or any other meanes whatsoever secret or open prosecute to the Death the said Iudge and Iustice and all their principall Abettors and I doe hereby invite and exhort all generous free-borne English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramentall associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegall and tyrannous Usurpations 162. A motion to enlarge Sr Will Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the Generall was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered they were no longer his but the Parliaments Prisoners It should seem the Brute hath made a private deed of
damned Spirits or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks Witnesse his tampering with Hamilton c. incurre their condemnation in this world by Gods permission in order to their salvation in the next world the tyranny of these Usurpers implying at once their cruelties over our bodies and Gods mercy to our soules Hughs first salute was That he came meerly to give John a visite without any designe his guilty Conscience prompting him to a voluntary Apology Iohn answered I know you well enough you are one of the setting Dogs of the great Men of the Army with faire and plausible pretences to insinuate into Men when they have done them wrong and to worke out their designes when they are in a strait and cover over the blots that they have made Then Iohn complained of the †Compare this Act of the Kings With the violent act of those Traytors and Tyrants Fiarfax his Councell of Warre in imprisoning and secluding above 200. Members at once without cause shewne leaving only 40. or 50. of their cheating Faction in the House to carry on their bloody Anarchicall designes some of which secured Members with barbarous usage were almost brought to death and their murder since attempted by Soldiers illegall and violent seizing upon him by Souldiers and carrying him before that new erected thing called A Councell of State who committed him without any Accusor accusation Prosecutor or Witnesse or any due processe of Law and yet when the King impeached the 5 Members and preferred a Charge of High Treason against them Recorded 1. part Booke of Decl. p. 35. and onely failed in a single punctilio of due processe of Law they cryed out it was an invasion of the Peoples Liberties so that foure or five Recantations from Him Recorded in their owne Declarations would not serve His turne Peters halfe out of countenance if so prostituted a Villaine that practises impudence amongst common Whores and whose Pulpit is more shamefull than another mans Pillory can be out of countenance takes up one of Coke's Institutions and professed Lilburne was meerly gulled in reading or trusting to those Books for there were no Lawes in England Iohn answered he did believe him for that bis great Masters Cromwell Fairfax c. had destroyed them all Nay quoth Hugb there never was any in England with that Iohn shewed him the Petition of Right asking him whether that were a Law which Peters had the impudence to deny asking what Law was Iohn replied * The Law is now taken away and all things in confusion by turning our Monarchy without our consent into a Free-State of Slaves govened by Tyrants out of the Parliaments owne Declarations Tbe Law is that which puts a difference betwixt good and evill just and unjust If you take away the Law all things will fall into confusion every man will become a law unto himselfe which in the depraved condition of humane nature must needs produce great enormities lust will become a law envie a law Covetousnesse and ambition will become lawes and what dictates what decisions such lawes will produce may easily be discerned Tbis Master Peters is a Definition of Law by the Parliament in the daies of their primitive purity before they had corrupted themselves with the Common-wealths money And elsewhere the Law is called The safeguard the custody of all private Interests your honors lives liberties and estates are all in the keeping of the Law without this every man hath a like Right to any thing It is the best birth-right the Subject hath it is a miserable servitude or bondage where the Law is uncertaine or unknowne To this the Comick Priest replied I tell you for all this there is no Law in this Nation but the Sword â—nd what it gives This doctrine of Devils that it is lawfull to submit to any present power that is strongest is broached in a Pamphlet by old Rowse the illiterate Iew of Eaton-Colledge And by Iohn Goodwin the sophistical Divine which is fully confuted in A Religious Demurrer concerning submission to the present power an excellent piece neither was there any Law or Government in the world but what the Sword gave To this the honest Lieutenant Colonel answered Master Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or foure honest men and rob them that act is righteous because they are the stronger Party And if any power he a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and Man in resisting and fighting against a just power in the KING who was a power up and visible fenced about with abundance of Lawes so reputed in the common acceptation of all Men by the expresse letter of which all those that fought against Him are ipso facto Traytors And if it were not for preservation of our Lawes and Liberties why did the Parliament fight against Him a present power in being and if there be now no Lawes in England nor never was then you and your great Masters Cromwell Fairfax and the Parliament are a pack of Bloody Rogues and Villaines to set the People to murder one another in fighting for preservation of their Lawes in which their Liberties were included which was the principall declared Cause of the Warre from the beginning to the end I thought quoth the Lieutenant Colonel I had been safe when I made the knowne Lawes the rules of my Actions which you have all sworne and declared to Defend and make as the standard and Touchstone between you and the People * The Lawes are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lies not therein their minds may change and then where are you I but quoth the Lieutenant Colonel I cannot take notice of what is in their minds to obey that but the constant Dâ—claration of their minds never contradicted in any of their Declarations as That they will maintaine the Petition of Right and Lawes of the Land c. This was the substance of their discourse saving that Iohn pinched upon his great Masters large fingering of the Common-wealths Money calling it Theft and State-Robbery and saying That Cromwell and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summe of this Debate to thee that by comparing their doctrine and principles with their dayly practises thou mayest perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a
Warre against our lawfull Soveraigne under pretence of defending our Lawes and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sunne pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegall and bloudy Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King breake the Parliament by hostile force put downe the House of Lords erect extrajudiciall High Courts of Iustice to murder Men without Triall by Peers or Iury or any legall proceeding to subvert the fundamentall Government by Monarchy and dispossesse the right Heyre of the Crowne and to usurp His supreme Authority in a factious fagge end of the House of Commons to put the Kingly Government into a packed Iunto of forty Tyrants called A Councell of State to exercise Martiall Law in times of peace and upon Persons no Members of the Army to raise what unnecessary illegall Taxes they please and share them and the Crowne Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free quarter to alter the Styles of Commissions Patents Processe and all Legall proceedings and introduce a foraigne Iurisdiction to Counterfeit the Great Seale and Coyne of the Kingdome and to keep up Armies of Rebels to make good these and other tyrannies and Treasons is High Treason by the knowne Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speake against these Crimes Good God! how long will thy patience suffer these Fooles to say in their hearts there is no God and yet professe thee with their mouthes to breake all Oathes Covenants and Protestations made in thy name to cloake and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived senslesse Trees and torne brute Beasts that serve thee according to their creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in warre Turne the Councells of the wise into folly let the crafty be taken in their owne net and now at last let the Oppressed tast of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeale to thee as Author of their prosperous sinnes become Lord Author of their just punishments bestow upon them the reward of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my selfe stand in need and seek to ripen thy vengeance before thy time shall the Pot aske the Potter what he doth I beheld the prosperity of the wicked and my feet had almost slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May. 30. 1649. The aforesaid trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of Slaves was proclaimed in London by the newly intruded illegall Lord Major Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them untill some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Tryall of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of England although I dare say at least five hundred to one if they were free from the terror of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Authority of the Nation under them This was purposely so contrived to engage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publique disclaimour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegall Common Councell newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designes and entangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrewes Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharasiticall House of Commons voted an Act 171. A Thanks-giving Dinner in the City for the Generall c. 1. Iune for a day of Thanks-giuing to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councell of State the Generall and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for Relief of Ireland to engage the City farther to them Cromwell had the Chaire in that Committee the device was that the Common Councell should invite the Parliament Councell of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the thanks-giving whit-broth and custard had beene bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast downe with another for the glory of his owne Name and that he might have an occasion to purge the Army as he had done the Parliament of all free-borne humours 172. The Councell of State sit in pomp at Wihte hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councell of State sit in as much state and splendour with their Roomes as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majesty were but Mechanicks
come forth a Booke of Iohn Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Booke The tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied by no obligation to God or Man wherein he undertaketh to prove That it is lawfull for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due conviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwells Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my selfe to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turne all his Arguments into Syllogismes and then he will find them to be all Fallacies the froth of wit and fancy not the Dictates of true and solid Reason 2. That for the Historicall or narative part he would throughly examine them and he will find few of them consonant to the plumbline of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by that name yet the Persons confederated were then extant and active being a complication of all Antimonarchicall Anarchicall heresies and schismes Anabaptists Brownists Barrowists Adamites Familists Libertines of all sorts the true Heyres and Successors of Iohn of Leyden and Knipperdalling in all their principles and practises united under the generall Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the Warre against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy See the Mystery of the 2. Iunto's Presbyterian and Independent notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Wythes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there alwaies lay hid some evasion equivocation or mentall reservation which like a back-dore gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necéssitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first Generall the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Say and others of the like stamp and had a clause in his Commission to forbeare the KING'S Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especiall instance Monday 18. Iune 185. L. C. Lilburnes Booke The Legall fundamentall Liberties of the People c. 1649. came forth that most usefull Booke of Iohn Lilburnes called The Legall fundamentall Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Lawes Liberties and Property consuming us with illegall Taxes Excise Free quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamentall Government of this Nation in order to which they have complyed with and cheated all Interests broken all their Obligations to God and Man violated all the Lawes of this Land their owne Protestations Covenants the Oathes of Allegiance Supremacy which themselves caused the People to take and their owne Votes Declarations c. The illegality of their late erected High Court of Iustice and their unjust proceedings therein the tyranny and usurpation of the Councell of State and Officers of the Army And proveth that Col Prides new purged new packed House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parlioment is cleerly dissolved and ended which he proveth by the Death of the King and by many other solid Arguments and therefore all their Actings to be void and null with many other considerable passages where he ingeniously confesseth that being the Kings Prisoner at Oxford with many other of the Parliament Party the King did strictly observe the Lawes of the Land in His proceedings against them which this Parliament doth not doe in any their most legall proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintaine and defend the Lawes and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Lawes and Liberties The Faction are now contriving to seize all the Tythes of the Kingdome into their owne hands 186. Tythes to be Sequestred for the State yet they are the Ministers Free-hold and to make all the Ministers their stipendary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blind and slavish obedience to our forty Tyrants of the new Councell of State presuming that all our Ministers carry their Consciences in their purses because the Independents doe so Looke to your waies Christian Brethren you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God If the Ministers will not parret forth the new States Do trine to you they shall be starved out of their Pulpits 187. An Adjournment of this pretended Parliament considered of The thing called a Parliament is now likely to have so generall a purge as will leave neither life nor soule dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them sitting who may unvote all he hath compelled them to vote hath commanded his Iourney-men to think of an Adjournment for some good time that they may take the ayre and grow wholsome againe and then without some dire mischance they never meet more but this Supreme thing hath learned to use so much modesty to their Superiors as to referre it to the Hogens Mogens or Councell of State to consider what Votes and Acts they shall passe beforehand for establishing their Highnesses in their new Dominion And when out of their usurped
Oneale and his bloudy massacring Irish Papists against the Protestant Religion which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning See § 184. the Marginall Notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the kingdome of these bloudy cheating Saints in all things else we are meer and absolute Slaves 10. That an Act for a Generall Pardon be passed to all Persons except such as are particularly named therein and declaring no Pardon to any that shall for the future raise Warre in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villinies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befoole silly weak spirited People with general words of a Pardon which shall be made ineffectuall by many exceptions and limitations 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councell of State and therefore all Pardons to such Attemptors are before-hand declared against This with them as a sinne against the Holy Ghost unpardonable to deny their Supreme arbitrary Authority 11. That the Act for reliefe of poore Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a reliefe to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdome be made liable to the vexation of a covetous Committee who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men if they will not sacrifice their purses to the Ech-Gods of the new State and be bountifull to the Committee which is the full scope of this Proposition 12. That the Souldiers may be secured their Arreares out of the late Kings Lands This is to tie all the Souldiery by the purse-strings which is Saints Tenure to make good that horrid trayterous Murther 13. That an Act be passed for Probate of Wills Granting Administrations and Investing of Ministers presented These lunatique Saints should have thought upon a new way to be set up before they throw downe the old one and not have left men in an uncertainty how to dispose of their Estates and a Iustititum a vacancy of Iustice upon the Kingdom you see what Mountebanks our new State-Iuglers are The good Boyes began to learne these Lessons upon Monday 25. Iune 190. Things undertaken by the Councell of State during the Recesse The Councell of State likewise reported to their said Free-Shoole of Commons severall things which they in order to their future greatnesse would put into a way during the Recesse against the Houses next meeting when two Sundaies come together 1. That Commissioners be appointed in every County to make an estimate of all Tythes to the end they may be taken away for the future and some other provision designed for Ministers This is a Whip and a Bell to lash Ministers to Preach State-Divinity 2. That the Councell of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shall thinke fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers wel-affected to the Parl. they will never be dissolved without the help of a Hangman But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councell of State and usurping Regall power shall take upon them to abolish our antient forme of Parliaments contrary to the fundamentall Lawes of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Lawes Liberties Lives and Estates against the consent of the farre major part of the people 3. That they shall consider of an Act for regulating Proceedings in Law and prevent tediousnesse of Suites There are too many Lawyers in the Councell of State to doe any thing effectuall that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchicall tyranny and lesse agreeing with Monarchy 4. That they will consider what Lawes are fit to be repealed That is all Lawes enjoyning uniformity in Gods Worship all Monarchicall Lawes and all Lawes allowing more civill Liberty and Priviledges to the People and to severall Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Deane and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoyled for sale of Deane and Chapters Lands wherefore the Saints being the onely monied men left in the Kingdome have now agreed to buy them themselves considering that since they hold their Heads and all that they have in Capite of their Lords Paramount the Councell of Officers they may as well buy dog-cheap and hold Bishops Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arreares at 5 s. and 6 s. in the pound though they are allowed the whole summs of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it downe from ten yeares purchase to two or three years purchase They are not seen in the businesse themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humphry Edwards and Sir Greg Norton who hath sold his owne Land to purchase now upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remedilesse Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The Generall hath ordered the next Officer in chief to cause double damages to be given by the Soldier and if the said Officer neglect he is to answer it at a Councell of Warre at the Head Quarters This remedy is worse than the disease and as meer a gullery as the Act for taking off Free-quarter The chief Officer will laugh at the Complainant the Head Quarters are farre off and the Councell of Warre will tyre him with delaies and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earle of Denbigh and Henry Martin referred to Committees The Earl of Denbigh referred to the Committee of the Revenue to consider the Arreares of his Ambassie in Italy and of his 1000 Marks per ann pension bestowed upon him by the late King If his deserts had been better his Reward had been worse and worse paid Also Henry Martius
consummated 2. That He might when He pleased inlarge cleer the truth with the reservednesse of His meaning herein by publique Declaration Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocall Proposalls are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Laws are condemned by many Lawyers Polititians Est nihil frigidius Lege cum Prologo jubeat lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the Body of the Text. So in the Lawes of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Lawes least in account nor never had the force of Lawes There 's not a syllable in this Preface which Repeales any former Law inflicting a Penalty upon such Subjects as beare or raise Armes against their KING nor those Laws which è contrario exempts from punishment all Subjects adhering to the Person of the KING in any Cause or Quarrell Whereas the said Preface saith the two Houses were necessitated to make a Warre c. This may relate to a necessity à parte post not à parte ante self-defence is the universall Law of nature extending to all Creatures it is non Scripta sed nata Lex Therefore when the two Houses or rather a schismaticall Party in them had brought upon themselves a necessity of Self-defence By raising Tumults c. His Majesty was contented to acknowledge that necessity If one Man assault anothar upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his owne defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriages Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civill Warres with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like Extenuations are not unusuall at the close of Civill Warres and the onely use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Lawes to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and Warre like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or His Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Bloud upon His score my Author having cleered his way to his farther Inquisition after Bloud proceeds and tells you Belw Cap was the first that opened the Issue of Bloud by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to cleer him my Lord Macquire upon the Ladder and another upon the Scaffold did freely and cleerly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Authour winds up the causes there of upon one bottome Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitique harsh Answer 3. They who tooke off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earle of Leicesters going into Ireland 4. They who hindered part of the Disbanded Army of 8000. Men raised by the Earle of Strafford being Solders of Fortune to go serve the Spaniard as His Majesty had promised the two Spanish Ambassadours the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the Bloud of above 10000 Protestants who perished in that Warre Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their Estates and grant them away to such as should advance Monies upon Irish Adventures Touching the Warre kindled in England the Authour confesseth it was a fatall thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above foure parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Burges and a Designe to seize the Kings Person yet its fit it should be remembred 1. What reiterated Messages His Majesty sent offering to returne if there might be a course taken to secure His Person with those Peeres and Commons rioted away 2. That there was not the least motion towards Warre untill Hotham shut the Gates of Hull against the King attended onely with some few of His houshold Servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellours under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two yeares after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forraigne Force to help them and whose Commissions of Warre were near upon two yeares date before the Kings 6. That in all His Declarations He alwayes protested He waged not Warre against the Parliament but against some Seditious Members against whom He could not obtaine Common Iustice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedom of Trade from Town to Town Acessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aime was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Cbief pawn'd their Souls to Him
their Persons and Possessions yet it cannot be denied but this Kingdome had still many moderate-minded Men that loathed their Country-mens barbarity and could never be drawne to adhere to their Party in their least consent Now for the Parliament Agents to gather up these Men and these onely that have been drunke with the blood of their Brethren and to fortifie them with Armes Councels and conjunction of Forces that thereby they may preserve to themselves the Triumphs of their Cruelty and Treachery and to lap them up in their affections with promises of reward if they will persevere to act with the ruine of the KING and Monarchy the destruction of the remnant of the English Protestants and the antient Irish who have now declared their Loyalty and submitted to and consociated with them are things that I much loathe and can no way imbrace Besides if you consider the passages of the Treaty you will easily be drawne I suppose to cast away your former entertained scruples and not condemne me for being out of love with mine 1. For first The Title to Owen Roes Propositions excludes all other of his Nation but such as will joyne with him though they be farre more capable of Peace and Pardon than himself or his Party 2. He and his Party who in a late Paper of theirs stiled the Parliament of England Monstrosum Parliamentum the monstrous Parliament when as then it had not besmeared it selfe with Royall Sacred and Noble Blood as since it hath done yet now where he sees them act like himselfe he hath taught his tongue to quaver and calls them The most Honourable and potent Parliament when all Honour is persecuted by them and no power exercised by them but brutish violence and extreame tyranny 3. In the second Proposition That an Act of Oblivion be passed to extend to all and every of Owen O Neales Party for all things done since the Yeare 1641. You shall find that Monke approves of it totally without the least reserve of punishment to any the most bloody Plotters and Murtherers whatsoever that are in that Crew which makes me more in love with my Lord of Ormonds peace than I was before 4. 'T is propounded by Owen Roe and approved by Monke That he shall have a Sea-port to himselfe to make use of for the perfecting of his designes when as we heare the least Traffick will not be allowed to you in Munster 5. Although Col. Munke doe a little pare his Propositions concerning the Repealing of Statutes against Roman Catholiques since Hen. 8. lest he should offend the People And though he doe not absolutely undertake to grant him all his Ancestors Lands which when he is once stiled O Neale he will challenge to be the six escheated Counties yet by Monkes Letter he is assured that he shall not receive the least disadvantage thereby All which directions Councels and assurances I am confident Col. Monke would not have used towards him if he had not had a Parliament-foundation to warrant it Thus you see these Men who lately were utter Enemies have confederated together to ruine Monarchy and the Protestant Religion meerly to raise themselves and support their owne Faction They will not here allow the KING to make use of His owne Subjects to revenge His Fathers blood to Re-inthrone Himselfe to re-establish Religion and the Lawes and the just Liberties and yet they allow themselves a latitude of calling in any Party though the most blody and inhumane to assist them in the carrying on their wicked Designes We have seen Col. Iones his Letters censuring the Lord of Ormond for joyning the Irish to his Party though the best and least culpable of them and yet the same Iones whose head and hand is in this Treaty and Conclusion thinks it allowable in himselfe to close with the worst and that upon his owne termes And though Col. Monkes hypocrisie in Correcting Owen O Neales 7. Article will not allow that unity and amity shall be publickly proclaimed between them yet he is willing it shall be practised and they shall mutually assist one another against all Opposers whatsoever that is the KING and all in Authority under Him The consideration of these things hath left such an impression upon my soule that I am resolved to make speed to you no way desiring to live under their Commands whose actions increase in horror and beget new afflictions to all honest English hearts So praying you to forbeare further writting to me because I meane speedily to see you I rest Dundalke May 20. 1649. Your assured Friend and Servant Upon which Propositions so corrected by Monke the close carriage of this businesse I shall trouble my Reader with these following Observations 1. Article You see the Counterfeit Alchymy Saints are content to joyne covertly with Massacring Irish Papists to carry on their Antimonarchicall Designes and to make a false Religion and corrupt worship of God the wages hyre of righteousnesse 2. Article You see those Men that are so bloodily zealous to bring Protestant Delinquents nay the KING Himselfe under the notion of the Grand Delinquent the Man of Blood to punishment and pretend themselves engaged by Oath so to doe can dispense with the Massacre of two hundred thousand English Protestants barbarously and inhumanely slaughtered in Ireland in time of full peace and can grand an Act of Oblivion to whole Armies of their Murderers thereby at once making their Antimonarchicall interest the price for which they sell the innocent blood of their Brethren and defrauding the Irish Adventuers of that Money which the Parliament perswaded them to lay forth to purchase Rebells Lands in Ireland for which they have an Act of this Sessions of Parliament The like may be said of the 4. 7. Articles whereby Rebels attainded and convict are restored to their confiscated Lands the English Protestant Planters that purchased them of the Crowne are expelled out of their Inheritance what is this but a designe to root out Protestancy as well as Monarchy 5. Article Taketh off all Incapacity Inhability and distrust from O Neale and his Party at that very time when with much counterfeit zeale they pretend great severity against the English Papists I think because they are not so very Rebels as the Schismaticks According to their usuall custome to accuse other Men of their owne Crimes they charged King CHARLES the First upon light surmises with complying with the bloody Irish Papists doe themselves actually combine with them to root out Monarchy Protestancy giving them a Toleration of their Religion the possession of the English Protestants Estates for their Hyre And it now appeares by Letters newly come to London the 24. August notwithstanding the said Votes of the Commons against all association with the Irish Murderers That Sir Charles Coote See The Perfect Occurrences nu 138. from Aug. 17 to the 24. 1649. and O Neale are associated and that the Siege from Londonderry was raised
Councell of State 3. Parliament and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News-Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a Month before He died resolutely Observe the thing aimed at in this new forme of Endictment of High Treason for leavying warre against the King and Parliament is first that the word King may hold in the Edictment which otherwise would be found to have errour in it and though the word for Leavying Warre against the Parliament be a vaine surplusage signifying nothing yet at last by help of their owne Iudges new-made presidents to leavy warre against the Parliament shall stand alone be the onely Significator and take up the whole roome in the Edictment and thrust the word King out of dores and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tryed like a Soldier by a Councell of Warre alleaging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the Generall and his Councell of Warre desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the fountaine of Iustice nor the safety of the Common-wealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Iudges accordingly O serviceable Iudges so the Generall was overborne by this Dray-man This fellow sitteth frequently at the Sessions-house in the Old Bayly where the weight of his Slings turneth the scale of Iustice which way he pleaseth Col. Prides's Dray-horses 210. Capt. Plunkett and the Marquesse of Ormonds Brother voted to be Tryed the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have Voted that Capt. Plunkett and the Marquesse of of Ormond's Brother Prisoners in Ireland shall be brought to Tryall If the King's Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their owne privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Booke called 211. An Our crie of the young Men and Apprentises London concurring with those fasly called Levellors An outcrie of the young Men and Apprentises of London Or An Inquisition after the lost fundamentall Lawes and Liberties of England truly Pathetically setting forth the slavery misery danger of the Common Souldiery People of this Nation and the causes thereof well worth the reading About this time came forth an Act for sooth for the speedy raising and leavying money upon the Excite 212. Excise that is as the Act telleth you upon all and every Commodities Merchandizes Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eate drinke weare or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devoures in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personall to be paid and leavied with rigor And to make every mans house lie open to be searched by every prowling Rascall as often as he or they please 213. Foraigne Plantations The Traytors Tyrants and Thieves the Commons in Colonel Prides Parliament assembled are now againe frighted into a consideration of Foraigne Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine devide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labors the better to accommodate themselves there In the Act for sale of the Kings Queens and Princes personall Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their owne Plantations under pretence of sale the rarest and choicest of the Kings Gods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cousening the Souldiers c. That they may transport the whole wealth of the Land with them and leave England naked disarmed and oppressed with famine and disabled to pursue them for revenge or recovery of their losses 214. More Guifts to the Faction The said Commons are never wearied with exercising their bounty amongst their owne Faction out of the publique purse about 1300 l. to Col. Fielder to Scobell their Clerke heretofore a poore under-Clerke in the Chauncery who writ for 2d. a sheet besides an employment he hath already in the sale of publique Lands worth 1000 l. a yeare a Pension of 500 l. a yeare and a Noble Fee for every Copie of an Order taken forth toties quoties although most of their Orders containe not above three or four lines an extortion farre surmounting the Starre Chamber or Councell Table of which themselves so much complained the Diurnall tells you Numb 319. from Monday Sept. 3. to Monday Sept. 10. an Act was read for satisfying the sufferings of two Members who have been in the late Warre damnified many thousands these I conceive to be Sir Tho Iervys and Mr. Robert Wallope this satisfaction must be made out of the publique purse which must be filled by Taxes againe out of their private purses who have lost as well as they without satisfaction or hopes of satisfaction notwithstanding many Votes that all should be satisfied O Cromwell hath reduced the Officers in Col. Jones his Regiment and other Dublin Regiments 215. O Cromwell reduceth Iones own Regiment and other Regiments in Dublin Let Sir C. Coote and his Regiment in London-derry expect the like notwithstanding their valour fidelity shewne in raising the Siege of Dublin you see he will trust none but his owne immediate Creatures this Faction casts out all other men as Quicksilver spues out all other mettals Gold excepted so that by this and many other examples they may see that all their faithfull services and bloodshed are poured into the bottomlesse tub of oblivion as their Arreares are cast into the bottomlesse bagge of the Publique faith Sunday 9. Sept. 1649. 216. A violent irruption of the Parl Ianisaries upon the Protestants at Church in St. Peters Pauls-wharfe Sunday morne 9. Sept. 1649. At the Church of Saint Peters Pauls-wharfe Master Williams reading Morning Service out of the Booke of Common-prayer and having prayed for the KING as in that Liturgy established by Act of Parliament he is enjoyned Six Souldiers from Saint Pauls Church where they quarter came with Swords and Pistols cocked into the Church commanding him to come downe out of the Pulpit which Williams immediately did
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of Descent and proclaimed it Treason for any Person to Proclaime Him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes unto them contrary to Law though they have no Authority by any Law Statute or Custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and beeing of Parliaments for which Treasons Strafford and Canterbury though leste criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burroughs for which we serve doe by this present Writing in our own Names and in the Names of all the Counties Cities and Burroughs which We represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We doe from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our Consents as treasonable wicked illegall unparliamentary tyrannicall and pernitious both to the King Parliamt Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said Confederates shall not speedily retract and desist