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
Int rest and Party The more subtile Independent knevv the King vvould not nor could not take it and therefore complied vvith the Presbyterians in obtruding it upon him to breake off the Treaty many things in the Covenant vvere vaine in the Person of His Majesty as that He should sweare to maintain His owne Person c. vvhich the lavv of nature binds him to vvithout an Oath vvhich in this case is idle and a prophaning of Gods name some things in the Oath vvere contradictory to vvhat the Parliaments Propositions desired of him as to maintaine His owne Authority in defence of Religon Lawes and Liberties vvhich vvas impossible for Him to doe unlesse he kept the Militia in his ovvne hands and his Negative Voice also vvhich that clause in the Bill of Militia That all Bills for leavying Forces should have the povver of Acts of Parliament without the Royall Assent c. vvould have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary vvay to their utter enslaving To sweare to Abolish Bishops c. vvas against his Coronation Oath To sweare to extirpate Heresies Schismes c. is more then the Independents vvould permit To sweare to maintaine the Vnion between the two Nations vvhich the Parliament declare already to be broken by the Scots Invasion is vaine besides hovv unjust a thing vvas it to impose that Oath upon the King vvhen most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty vvas no part of the Propositions upon vvhich the Treaty vvas begun but a subsequent request upon an emergent occasion and therefore I see no reason vvhy the King should have given any Ansvver to it but onely have held himselfe to the originall Propositions yet he did Ansvver That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there vvhich being voted unsatisfactory and moved that a new Declaration might be published against him the King vvas inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do novv comply vvith Ovven Roe Oneale and have entertained O Realy the Popes Irish-Vicar-generall in England to negotiate for the Irish massacring Rebels vvith the Parliament These things considered prove vvhat I find in our late King Charles the 1. most excellent Booke Chap. 18. That it is a Maxime to those that are Enemies to peace to aske something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I vvill not trouble my Reader vvith these being enough to shevv the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners vvho cavilled avvay so much time in the Treaty 17. Iones complaines by Letters that Ireland was like to be lost untill Cromwell had done his vvorke in the North and marched up to Tovvne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Iones sent vvhining Letters from Dublin to the Steers-men at Darby-house complaining that all Ireland vvas like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of vvhat vvas resolved could agree amongst themselves the Engrossers and Monopolizers of Olygarchy into a fevv hands desiring to make themselves a corporation of Tyrants suspect an opposition from the Levellers and vvould faine turne them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling Principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee straine courtesie vvith their Betters and vvould have them goe first thinking the seeds of liberty and equality vvill prosper better in the soyle and ayre of England VVhile they vvere disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of VVight during the Treaty the King had recovered that Kingdome intirely to himselfe vvhich had been of great advantage to him The 20. Novemb. 1648. Col. Evvers 18. The Remonst of the Army to he House of Commons Nov. 20 1648. vvith seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscall things An humble Remonstrance of the Army it is founded upon these five Anarchicall Principles 1. That themselves and their faction onely vvhom they call exclusively the VVel-affected Godly Honest Party the Saints are the People of England all the rest but Philistins Amorites or at the best but Gibeonites 2. That their Interest onely is the publique Interest of the People 3. That thè People that is themselves are the onely competent Iudges of the Peoples safety contrary to the Lavves and practice of all Nations vvhich bestovv that prerogative onely upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrate armed vvith Supreme Authority as vvell as vvith their Svvords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies vvhich they Remonstrate admitted they shall make such appeale to God that is their Svvord as formerly they have done 4. Principle is consequentiall to the 3. That they may drive on their Designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes what soever under colour of that much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Lavv vvhich hath been the fruitfull Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons vvho usually fish in troubled vvaters to attaine to those ends vvhich they could never arrive at in setled Governments This is a Principle or nevv light discovered by Maior Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imply as much in this Remonstrance p. 45 saying It cannot be safe to accommodtae vvith the King because if He returne and this Parliament continue long and unlimited He vvill make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his ovvne out of Question and therefore vve dare not trust
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
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
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
the House and their Imprisonment vvithout Cause c. vvhich can no vvay be justified from the Guilt of the highest Treason but in the accomplishment of a righteous end viz The enjoyment of the benefit of our Lavves and Liberties vvhich vve hoped long ere this to have enjoyed from your hands Yet vvhen vve consider and herevvith compare many of your late carriages both tovvards the Souldiery and other Free People and principally your Cruell Exercise of Martiall Lavv even to the Sentence and Execution of Death upon such of your Soldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army vve cannot but look upon your defection and Apostasie in such dealings as of most dangerous Consequence to all the Lavvs and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. vvhich vvith your Excellency in point of duty ought not to be of the meanest obligation VVe do protest against your Exercise of Martial Lavv against any vvhomsoever in times of Peace vvhere all Courts of Iustice are open as the greatest encroachment upon our Lavves Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troup yesterday by a Court Martiall upon the Articles of VVarre and sentencing of tvvo of them to death and for no other end as vve understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King vvhich declareth That no person ought to be judged by Law Martiall except in times of VVarre And that all Commissions given to execute Martiall Law in time of Peace are contrary to the Lawes and Statutes of the Land And it vvas the Parliaments complaint That Martiall Lavv vvas then commanded to be executed upon Souldiers for Robbery Mutiny or Murder VVhich Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Lavv in England and there promise to preserve inviolably it and all other the Fundamentall Lavves and Liberties concerning the preservation of the Lives Properties and Liberties of the people vvith all things incident thereunto And the Exercise of Martiall Lavv in Ireland in time of Peace vvas one of the chiefest Articles for vvhich the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or vvarrantably destroy the Fundamentall Liberties and Principles of the Common Lavv of England It being a Maxim in Lavv and Reason both that all such Acts and Ordinances are ipso facto null and void in Lavv and binds not all but ought to be resisted stood against to the death And if the Supreme Authority may not presume to doe this much lesse may You or Your Officers presume thereupon For vvhere Remedy may be had by an ordinary course in Lavv the Party grieved shall never have his recourse to extraordinaries VVhence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Iustice according to the Lavvs and Statutes of the Realme in the times of Peace as novv it is and the extraordinary vvay by Courts Martiall in no vvise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a Generall or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martiall Law it is absolute murder in that Generall c. Therefore erecting of Martiall Lavv novv vvhen all Courts of justice are open stopping the free current of Lavv vvhich sufficiently provides for the punishment of Soldiers as vvel as others as appears by 18 H. 6. c. 19. 2 3 E. 6. c. 2. 4 5 P. M. c. 3. 5. l. 5. 5 Iam. 25. is an absolute destroying of our Fundamentall Liberties and the razing of the Foundation of the Common Lavv of England the vvhich out of Duty and Conscience to the Rights and Freedoms of this Nation vvhich vve value above our lives and to leave You and Your Councell vvithout all excuse vve vvere moved to represent unto Your Excellency Earnestly pressing You vvell to consider vvhat You doe before you proceed to the taking avvay the Lives of those men by Martiall Lavv least the bloud of the Innocent and so palpable Subversion of the Lavves and Liberties of England bring the revvard of just vengeance after it upon You as it did upon the Earle of Strafford For Innocent bloud God vvill not pardon and vvhat the people may doe in case of such violent Subversion of their Rights vve shall leave to Your Excellency to judge and remaine Sir Your Excellencies humble Servants IOHN LILBURNE RICH OVERTON From our Canslesse and unjust and Tyrannicall Captivity in the Tovver of London April 27. 1649. Notvvithstanding vvhich Letter and much other meanes made the said Lockier vvas Shot to Death in Saint Paul's Church-yard the same day to strike a terror and slavish feare into such other Souldiers as shall dare to take notice of their approaching slavery but his Christian and gallant deportment at his death vvith the honourable funerall pomp accompanying him to his Grave turned all the terror of his Tragedy into hatred and contempt of the Authors thereof 152. Arreares given to Col. A Popham H. Martin temptations put upon Lilburne and Ioyce About this time the House of Commons gave to Col. Alexander Popham all his Arreares and to Harry Martyn 3000 l. to put him on upon the holy Sisters and take him off from the Levellers And Cromwell is novv playing the Devils part shevving the Kingdomes of the earth and tempting Iohn Lilburne to fall dovvne and vvorship him to forsake his good principles and engagements and betray the liberties of the people but L. Col. Lilburne is higher seated in the good opinion of the people than to be suspected of so much basenesse vvho are confident he vvill as constantly resist false promises and vaine hopes as he hath vaine threats and terrors of Indictments and not cast avvay the hold he hath of immortality by hearking to such a Syren vvhose promises are but baits vvith a hooke hidden under them and his preferments but like Mahomets paradise he that hath cousened all the Interests of the Kingdome vvill not scruple to cheat his Enemy a free-spirited plaine meaning man This is to undermine and blovv up his credit vvith his party and make him liable to a revenge hereafter He that stoops to the lure of a knovvn Enemy is guilty of inexcusable folly and a Betrayer of himselfe especially having had so faire a Copie of Consâ—â—ncy set
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
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
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
for a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a Warre against Owen Roe and the rest in Armes in that Kingdome should dare to Treat and conclude an Agreement and conjunction with that very Enemy he had Commission to fight against without the knowledge and Directions publique or private of those from or under whom he hath his Authority and should be so bold when he had done to come over and justifie his said doings notwithstanding they proved unprosperous Col. Monke being so much a Souldier as to know That all the world over to exceed the bounds of his Commission much more to act against his Commission as in this case is assured death without mercy both by the Law Martiall without which Military Discipline will perish and by the Lawes of our Land See the said Letter printed at the latter end of a Relation of the securing and secluding of the Members by the Army 5. Wherefore was Sir Iohn Winter and Sir Kenelme Digby sent for over as was foretold by an intercepted Letter where of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neale privately entertained in England as I have formerly hinted but to drive on Treaties and Associations of this nature insomuch that long since it was whispered amongst Cromwels party in England to uphold their Spirits That upon his shewing himselfe in Armes in Ireland Ormonds Catholique Irish party would all forsake him and go over to O Neale who maintained the Popes Interest in that Kingdome The aforesaid Paper printed by Authority and stiled The true State of the Tronsactions c. besides the said Articles of Cessation Nota. setteth downe other Articles called The PROPOSITIONS of Generall Owen O Noale the Lords Gentry and Commons of the confederate Catholicks of VLSTER To the most High and most Honourable The PARLIAMENT of ENGLAND 1. INprimis That such as are already joyned or shall within the space of three Months joyne with Generall Owen O Neale within the space of three Months is not in the said Copie printed at Corke in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Lawes and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said Parties their Heires and Successors for ever while they Loyally serve the Parliament of England 2. The said Generall O Neale desireth an Act of Oblivion to be passed to extend to all and every of his Party for all things done since the beginning of the Yeare 1641. 3. They desire that Generall Owen O Neale be provided with a Competent Command in the Army befitting his worth and quality 4. They desire that they may enjoy all the Lands that were or ought to be in their or their Ancestors possession 5. That all incapacity inability and distrust hitherto by Act of State or otherwise against the said Party be taken off 6. That on both sides all jealousies hate and aversion be laid aside Vnity love and amity be renewed and practised between both Parties 7. That Generall Owen O Neale may be restored and put in possession of his a a Ancestors not Successours a fault of the Printers Successors Estates or some Estates equivalent to it in the Counties of Tyrone Ardmarch or Londondery in regard of his merit and the good service that he shall performe in the Parliament of Englands Service in the preservation of their interest in this Kingdome 8. That the Army belonging to Generall Owen O Neale and his Party be provided for in all points as the rest of the Army shall be 9. That the said Party be provided with and possessed of a convenient Sea-port in the Province of Ulster I doe upon receiving a confirmation of these Propositions forthwith undertake and promise in behalfe of my selfe and the whole Party under my Command faithfully and firmely adhere to the Service of the Parliament of England in this Kingdome and maintaine their Interest hereafter with the hazard of our lives and fortunes In witnesse whereof I have hereunto put my Hand and Seale this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus farre the said Paper stild The true State c. goes on with the Relation of the said Treaty and Agreement but conceales what farther Transactions passed between Monke and O Neale upon the last recited Propositions Wherefore I shall be bold to continue the Story out of a Paper entituled The Propositions of Owen Roe O Neale sent to Col. Monke The Story of the farther Transactions between O Neale and Monke continued and enlarged out of the Propositions printed at Corke and a Cessation for three Months concluded between them Together with a Letter thereupon sent by a Gentleman at Dundalke to his Friend at Corke Printed at Corke 1649. The last recited Propositions were sent to Monke 25. day of April 1649. who perused them and made some inconsiderable alterations in them as appears by Monkes Letter of Answer thereupon to Owen O Neale dated from Dundalke 26. April 1649. as I find it in the said Paper printed at Corke in these words SIR I Have received your of the 25. April and I have seen your Order given to Captain Hugh Mac Patricke Mac Mahon to Treat and Conclude a Peace with me in the behalfe of your selfe and the Forces under your Command I have perused your Propositions and conceiving there are some particulars in them which at first view the Parliament of England may scruple to grant I have made a small alteration in some of them being well assured by it you will not receive the least disadvantage but it will rather prove a meanes to beget an increase of their good opinion towards you and your Patry which I believe your reality fidelity and action in their Service will sufficiently merit and in case you approve of them as I have revised and altered them I desire you to send them to me Signed and Sealed by you that I may present them to the Parliament of England to obtaine their favourable Answer in returne of them And in the meane time I desire that according to this inclosed Paper three Months Cessation between us be condiscended unto and inviolably kept between our Forces during the same time Dundalke 26. April 1649. Gorge Monke 1. Observations upon Monkes Letter 1. Col. Monke in his said Letter to O Neale 26. April answereth him 1. That he had perused his Proposition and conceiving there are some Particulars which at first view the Parliament of England may scruple to grant c. A gentle Phrase to nourish hopes in O Neale even of obtaining all his Demands if need be upon debate and deliberation though not at first view That he hath made a small Alteration in some of them I confess very small being will assured be should not receive
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
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
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
have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their Cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodromus that Type and figure of him Iohn of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty Conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby devesting us of those Lawes which shall distinguish us from Slaves denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith blind obedience from us to all the Votes of this half quarter of a House of Commons so farre that they Vote obedience to the knowne Lawes in many cases to be Treason vvhat all our Lavves call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Oliver's Nose a Ruby they vvould expect vve should svveare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Lavv nor prescription Theaters of illegall tyranny and oppression to take avvay mens lives Arbitrarily for actions vvhich no Lavv makes criminous nay for such acts as the Lavves command vvhere their proceedings are contrary to Magna Charta and all our knovvne Lavves and usages not per probos legales homines no Juries no svvorne Judges authentically chosen no Witnesses face to face no formall Indictment in vvhich a man may find errour and plead to the jurisdiction of the Court or vvhere the Court ought to be of Councell vvith the Prisoner but the same engaged and vovved Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of Bloud The King pressed earnestly especially upon Monday 22. Ian. to have His Reasons against the Iurisdiction of the Court heard but vvas as often denied He intended then to give them in vvriting vvhich vvas likevvise rejected so they vvere sent to the presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to deliver in Writing on Monday Jan. 22. 1648. 86. His Majesties Reasons against the Iurisdiction of the high Court of Iustice published after His condemnation Faithfully transcribed out of the Originall Copie under the Kings owne Hand HAving already made my Protestations not only against the illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more then to referre My selfe to what I have spoken vvere I alone in this case concerned But the duty I ovve to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right daily make new abrogate the old fundamentall Law of the Land which I now take to bee the present case Wherefore when I came hither I expected that you would have indevoured to have satisfied Me concerning these grounds which hinder Me to Answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a reason seek to impose a beliefe upon My Subjects * * Hereabout I vvas stopt and not suffered to speak any more cōcerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lie against the KING they all going in His name and one of their Maxims is That the King can doe no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamentall Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it selfe as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speake not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or doe I forget the Priviledges of both Houses of Parliament which this daies proceedings doth not onely violate but likewise occasion the greatest breach of their Publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended Crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any
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
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
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
Officers they cast Lots againe and againe untill fortune agreed with their desires This being discovered a printed Paper was scattered about the streets 26. April 1649. as followeth ALL worthy Officers and Souldiers who are yet mindfull that you engaged not as a meer mercinary Army hyred to serve the Arbitrary ends of a Councell of State but tooke up Armes in Iudgment and Conscience in behalf of your own and the peoples just Rights and Liberties you may see plainly by the proceedings of Col. Hewson with his Regiment that the designe of your grand Officers is to reduce the Army to a meer mercinary and servile temper that shall obey all their commands without so much as asking a question for Conscience sake Intending by this blind obedience in you to make you he whatsoever they shall find requisite to establish their owne absolute power over the Common-wealth yea though it be to cut off your best friends or perpetuate this their owne Parliament and Councell of State things so evidently destructive to your owne and the peoples just Rights and Liberties as nothing can be more And for compassing whereof you know they have long since dissolved the Agitators and erected a Councell amongst themselves by which they have moulded the Parliament and a Councell of State to their owne wills both which are to be as ascreen between the People and your Grandees to make the world believe they doe nothing but by order of Parliament and Councell of State when they order all things themselves and indeed are confederated together to defend and protect each others in their defrauding and enslaving the Common-wealth This they have long aymed at but cannot possibly effect it untill they reduce the Army to a servile and base temper which they have been laboring to bring to passe a long time as by picking quarrels with most Officers and Souldiers that have manifested any sence of Common Right and so vexing them and wearying them out of Troops and Companie And you know they have been more than once disbanding twenty of a Troup upon pretence of easing the publique charge all their mischief being ever done after either fasting and prayer or upon some very specious pretence but the care and resolution of the honest Officers and Souldiers ever preuented this But now the businesse for Ireland it seems must doe the deed that being a service that must be preferred before the setling of the Liberties and Freedomes of this Nation and all that are not for this service must be esteemed no better than Enemies and Traytors and therefore an Ahab-like Fast goeth before the Lots are cast and Col. Hewson falls to worke and disbands all those Souldiers and Officers that refused to engage for the service of Ireland before the Liberties of England which we never trod under foot be restored to the people The end of this being to be a leading case to all other Regiments both Horse and Foot not that they certainly intend for Ireland but by such meanes to be rid of all such as are apt to desire to be satisfied in their Consciences of the justice of the Cause before they engage in the killing and slaying of men any more or before they see some fruits answerable to the bloud that hath been spilt And being rid of this kind of Officers and Souldiers then to fill the Regiments as this Hewson doth with such ignorant needy or servile men as these miserable times through losse of Trade have begotten And this being done then to make more strict enquiry after this sort of people in the Army and all other places suppresse Meetings and if that will not doe then to disarme all from whom they suspect the least repining or opposition And therefore all those Officers and Souldiers and all people in all places are concerned in a very high nature even as much as the freedome of the Nation is worth yea as they tender the good of their VVives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischiefe that ever was attempted the greatest Treason that ever was committed against the liberties of the people and not to stand any longer in a miz-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councell of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stirre not but immediately chuse you a Councell of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the People are like to be beggered and destroyed About this time Master Robert Lockier and five or six other Troupers of Captaine Savages Troup vvere condemned for a supposed mutinys in behalf of vvhom Lieut. C. Iohn Lilburne vvrit this Letter follovving to the Generall dated 27. April 1649. 151. M. Lockier condemned by a Councell of VVarre with his honourable death and buriall and Lilburnes Letter to the Generall May it please your Excellency WE have not yet forgot your Solemne Engagement of Iune 5. 1647. vvhereby the Armies Continuance as an Army vvas in no vvise by the vvill of the State but by their ovvne mutuall Agreement And if their standing vvere removed from one Foundation to another as is undeniable then vvith the same they removed from one Authority to another and the Ligaments and Bonds of the First vvere all Dissolved and gave place to the Second and under and from the head of their first Station viz By the VVill of the State the Army derived their Government by Martiall Lavv vvhich in Iudgment and Reason could be no longer binding then the Authority vvhich gave being there to vvas binding to the Army For the deniall of the Authority is an Abrogation and Nulment of all Acts Orders or Ordinances by that Authority as to them And upon this account your Excellency vvith the Army long proceeded upon the Constitution of a nevv Councell and Government contrary to all Martiall Lavv and Discipline by vvhom onely the Army Engaged to be Ordered in their prosecution of the ends to vvit Their severall Rights both as Souldiers and Commoners for vvhich they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided vvithout satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-vvealth as should be agreed unto by their Councel of Agitators And by vertue and under Colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusall to Disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your First and Second March up to London your late violent Exclusion of the Major part of Members out of
him by Coronet Ioyce vvho hath vvith much faithfulnesse resisted the like allurements and so foule a Copie of Inconstancy by Reynolds The Commons have ordered 153. The designe of making Members of Parliament liable to Arrests That upon Complaint made to any Iudge of the three Benches the Iudges shall send a Letter of Summons to such Member of their House as shall be complained of to give an appearance and submit to legall proceedingâ— otherwise his person to be liable to Arrests But our present Iudges are Creatures to the House of Commons and knovv beforehand vvhat Members are Babes of Grace in favour and must be priviledged and vvho are out of favour and must not be priviledged they have an Index tells them vvhen to grant and vvhen to deny Sinners must not be partakers of the same Lavves with Saints This is a VVhip and a Bell to drive such dogged Members out of the Hall as vvill not hunt in pack vvith the Grandees in pursuit of their designe and are quick-sented enough to smell out their knavery if they come too neer their dore It is thought the tyrannicall Hocas Pocasses had an ayme hereby to lash Harry Martyn off from the Levellers and make him come in to them 154. VVomen Petition the House for L Col. Lilburne and his Company About this time some thousands of vvelaffected VVomen of London VVestminster Southwarke and the Hamlets stormed the House of Commons vvith tvvo Petitions in behalf of Io Lilburne and his Company They complaine of the Councell of States violent and illegall proceedings against them in seizing them in the night by Souldiers of Lockiers being shot to death by Martiall Law of their Arbitrary Government Second part of Englands New Chaines discovered Taxes Excise Monopolies c. That there was a Designe to fetch Lilburne and his Fellowe Prisoners out of the Tower at midnigbt to VVhite-hall and there murder them That the House by Declaring the Abettors of the Booke laid to those Prisoners charge Traytors have layd a snare for people when as hardly any discourse can be touching the affaires of the present times but falls within the compasse of that Booke so that all liberty of discourse is there by utterly taken away then which there can be no greater slavery They received not so good Ansvvers to these Petitions as they vvere vvont to receive vvhen they had Money Plate Rings Bodkins and Thymbles to sacrifice to these Legislative Idols they vvere bid Goe home and wash their Dishes to vvhich some replied They had neither Dishes nor Meat left Note that the Commons have returned ansvver to some Petitioners 155. Observations upon the Commons Answer to those that petitioned for Lilburne c. that Lilburne shall be Legally Tried by Laws preceding the fact and yet by their Order 11. April 1649. it is Ordered That the Attourney Generall be required to take speedy course for prosecution of Lieu. Col. Io Lilburne c. in the Vpper Bench this Terme upon the Declaration of this House touching the Booke entituled The second part of Englands new Chaines discovered if this Order be not a Lavv and preceding the fact too then our supreme Saints have told a Legislative Lie In the latter end of the said Ansvver they are angry the Petitioners should discover so much of their basenesse That Cromwell Ireton rides them and therefore contrary to all mens knovvledge and their ovvne Consciences they terme those Intimations seditious Suggestions and Ordered that Cromwell and Ireton should dravv up a Declaration to prevent the people from being mis-led by Sovvers of sedition Humiliter servivunt aut superbe dominantur such are the degenerous Spirits of under-Tyrants vvho are Asses to their Superiors and Lyons to their Inferiors Cromwell and Ireton that have subverted all civill Authority Murdered the KING possessed themselves of vvhat they please and enslaved the Kingdome vvith a Military tyranny must dravv up a Declaration according to their fancy for their ovvne vindication and the Commons must Father the Bastard and set the stamp of their Authority and priviledge upon it lest any man should confute it and beat back the Authors lies into their throats But this is no nevv invention for formerly vvhen the Councell of Officers set forth their Ansvver to the House of Commons Demands concerning their secured Members Ireton penned this scandalous Answer of the said Officers Cromwell and Ireton caused their Iourney-men of that Conventicle to Vote That the House did approve the matter of the said Answer thereby ovvning all the grosse lies therein contained to deterre the imprisoned Members from replying to it and so by a tacite confession to acknovvledge themselves guilty About this time appeared out of the East a Nevv Light in our Horizon 156. The Turkish Alchoran taught to speak English the Alchoran of Mahomet Predecessor to Cromwell and of Sergius forerunner of Hugh Peters naturalized and turned English Novv the Ievves Professed Enemies to Christ vvhich Mahomet is not are accepted off it is believed that their Thalmude and Caball vvill shortly be made English too that this Island may be rendered a compleat Pantheon a Temple and Oracle for all Gods and all Religions our light-headed innovating People being like Reeds as apt to be shaken by and bend unto every vvind every breath of pretended Inspiration as the antient Arabians vvere May 1. 1649. 157. New-declared Treasons to defend tyranny and usurpation and ensnare the People The frighted Conventicle of Commons considered of an Act forsooth to fortifie themselves and their usurpations vvith a Scar-crovv of nevv-declared Treasons to the purpose follovving 1 If anyman shall malitiously this is a vvord of qualification a back-dore to let out such as they shall thinke fit Affirme the present Government to be tyrannicall usurped or unlawfull or that the Commons in Parliament are not the supreme Authority of the Nation or endeavour to alter the present Government 2. If any affirme the Councell of State or Parliament to be Tyrannicall or unlawfull or endeavour to subvert them or stirre up sedition against them For Souldiers of the Army to contrive the death of the Generall or Lieutenant Generall or endeavour to raise mutinies in the Army Quaere whether Cromvvell be Lieutenant Generall or no or to leavy VVarre against the Parliament to joyne with any to invade England or Ireland counterfeit the Great Seale kill any Member of Parliament or Iudge or Minister of Iustice in their duty All these severall cases to be Declared Treason You see the terrors of Caine pursue these guilty Covvards This Fools Boit is chiefly aymed at the honest Levellers this Iunto of Commons have made themselves legall Traytors already and vvould novv make all the Kingdome legislative Traytors but I hope none of those that arrogate the Reverend Title of Iudges of the Law although against Lavv vvill be so lavvlesse as to give Sentence of Death upon any such illegall Act of the House
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
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
thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crowne and every thing that was personall to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegeance Contrary to the Whole Current of the Law which saith The King can doe no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Elizab. lay because the Crown wyped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad paenam quod Deum expectat ultorem If therefore by the Lawes of the Land all men must be Tryed by their Peeres and the King have no Peere what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Iudges and to Erect an unpresidented Tribunall without the least Foundation in Law with power and purpose to condemne all that came before it and that Sentence of Death should passe without conviction or Law against the Head and Protectour of all our Lawes and Fountaine of Iusticc and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. M. Pryns excellent Book entituled A legall Vindication of the Liberties of England Against illegal Taxes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegall Tax of 90000 l. a Moneth imposed upon the People by a pretended Act of the Commons bearing Date of 7 Aprill 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamentall Lawes and known Statutes of this Land No Tax c. ought to be Imposed or Leavyed but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realme in a free and full Parliament See Magna Charta 29. 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21. Edw 3 Rot. Parl. nu 16. 25 Edw 3. c. 8. 36 Edw. 3. Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loanes 3. Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwell in his Argument against Impositions Iudge Hutton and Crook in their Arguments Mr. Saint Iohn in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Edw. Cook in his 2 Instit pag. 59 60. 527 528 529. 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actuall dissolved above two monethes before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cookes 4. Institutes p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliament according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3 which are Summoned and Constituted onely by his Writ the Writ is actually abated by bis Death 1 Edw 6. c. 7. Cookes 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission 19. 21. It appeares by the writs of Summons to the Lords Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Common wealth formally it cannot be the same the King the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmaticall Taylors in the House who can make a garment fit for all states of the moon and a Parl. fit for all changes of the State Crompt Iurisdiction of Courts fol. 1. Cookes 4. Instit p. 9. 10. and of Elections and leavying their Wages That the Parliament was onely Parliamentum nostrum the Parliament of the Kings that 's Dead not of his Heires and Successours They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heires and Successors of great and weighty Affaires concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2 Dors Claus Regist fol. 192. 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revivall The Parliament is determined thereby especially as to those who have Dis-inherited his Heires and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Iudges Iustices of the Peace Sheriffs made only by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Iustitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7 Rep. 30 31. 1. Ed. 6. c. 7. Daltons Iustice of Pace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of this Parliament 17. Car. That this present Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4
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