themselves though they prohibit others But Gold and Silver are drawn out of Mines Royal and belong to the Saints by their Prerogative 5. An Act to be passed for punishment of Revolted Sea-men and Mariners None against traiterous tyrannous theevish Saints 6. An Act for relief of wel-affected Tenants against Malignant Land-lords who have compounded for their Estates rack their Tenants Rents or turn them out of doors This is a device First to make work for such Members as not being of the Councel of State would become as contemptible as they are hateful being devested of all power to play the Tyrants after Adjournment And secondly to stir up all the Tenants of England especially Schismaticks to combine with them against their Land-lords and deprive them of the legal use of their Estates and the benefit of their Compositions for to what purpose shall Gentlemen compound for their Estates when they must let and set them at the discretion of domineering Committees or Commissioners conspiring with the high Shoos to oppress make a prey of enslave and unspirit all the Nobility and Gentry of England here aimed at under the general Title of Malignants Oh perfidious Tyrants keep your money Gentlemen or turn it into Iron and Gun-powder 7. An Act to suppress Malignant Pamphlets aspersing the present proceedings of the Parliament Councel of State and the Army and prevent Printing as much as may be This is to set truth in the pillory whilst her counterfeit impudent lying and slandering sits in state in Parliament Councel of State and Councel of Officers and rides triumphantly Coached into the City to Thansgiving Devotions and Dinners 8. That the Pulpits being as scandalous as the Press against their proceedings they enjoyn that a more strict course be taken to stop the mouthes of the Preachers hereafter You see how Ahab-like these Subverters of Church and Common-wealth 1 King 18.17 accuse our Prophets for troubling our Israel being their own sin and seek occasion to bring a spiritual as well as a corporal famine upon the Land cutting off the staff of bread as well from our souls as bodies by stopping the mouths of Gods Ministers But I hope they will remember the duty they owe to the honour of him that sent them upon his Embassage to his people and fearing God more than Man every man cry out to his own soul and conscience with S. Paul 1 Cor. 9.16 Vae mihi si non praedicavero Woe be to me if I do not Preach 9. That an Act be passed that that clause of the Stat. 23. Eliz. 25. Eliz. 1 Jac. against Sectaries should be repealed that none may be questioned thereby in the vacancy of Parl. What is this but to pray in aid of Turks Jewes Anabaptists of Munster nay the Devil himself to joyn with them as they have already joyned with Owen Roe Oneale and his bloody 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 Sect. 184. the Marginal notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the Kingdom of these bloody cheating Saints in all things else we are meer and absolute slaves 10. That an Act for a General 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 War in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villanies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befool silly weak-spirited people with general words of a Pardon which shall be made ineffectual 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 Councel of State and therefore all Pardons to such Attemptors are before-hand declared against This with them is as a sin against the Holy Ghost unpardonable to deny their Supreme Arbitrary Authority 11. That the Act for relief of poor Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a relief to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdom 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 Foh-Gods of the new State and be bountiful 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 down the old one and not have left men in an uncertainty how to dispose of their Estates and a Justitium a vacancy of Justice upon the Kingdom you see what Mountebanks our new State-Juglers are The good Boyes began to learn these Lessons upon Monday 25. June 190. Things undertaken by the Councel of State during the Recess The Councel of State likewise reported to their said Free-School of Commons several things which they in order to their future greatness would put into a way during the Recess against the Houses next meeting when two Sundays 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 Councel of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shal think fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers well-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 Councel of State and usurping Regal power shall take upon them to abolish our ancient form of Parliaments contrary to the fundamental Laws of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Laws Liberties Lives and Estates against the consent of the far major part of the people 3. That they shall consider of an Act for regulating proceedings in Law and prevent tediousness of Suits There are too many
that purpose and that the House of Peers shall not at any time or times during this present Parliament be Adjourned unless it be by themselves or by their own 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 Royal Power 2. That the King was the Principal 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 Royal 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â— 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 less was it their intent to pack a Parliament of 40 or 50 Commons onely selected by Colonel Pride to Vote according to the Dictates of a Councel of War after they had destroyed the King and House of Peers 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 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 con titute themselves their Heires and Successours a perpetual Parliament It is against the nature and essence of a Parl. to be Perpetual and against the Liberty of the People which would Crosse and Repeal the Act for a Triennial 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 void 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 Natural Death Natural Death is the Act of God which these Saints cannot make void 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 Bloodshed 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 down by the Commons gave no consent to the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royal 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 Triennial Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Books The Commons being so far from claiming the sole Legislative power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporal and Spiritual until 47 Hen. 3. nor had they so much as a House of Commons or Speaker until the Reign of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances until 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 Hâ—n 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 p wer 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 tht 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 passing the Wills of the Councel of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for whom 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 pass Lawes or matters of greatest moment Modus tenendi Parl. Cooks 4. Instit pag. 1 2 26 35 36. Cromptons Juris of Courts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1 Jac. 1. 2. 40 Members make not a House when the rest are Excluded by force without doors and fraud of their Fellow-members within doors on purpose that being the Major number they may not over-vote them The Commons not having power to expel any of their Members without consent of King and Lords in whom onely the Judicial Power resides 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 Judgment from serving amongst the Commons because a Peer of the Realm The practice for Members to Expel 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 than would Summon forty or fifty Commons it were no House Added by the Abridger So Mr. Pryn concludes That if he should voluntarily submit to pay this Tax by vertue of the said pretended Act of Parliament Dated 7. of April 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegal Writs under a new kinde 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 Peers of the Realm as was adjudged in the Lord Cannoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour
Projector Holland the Linkeboy John Trencharde that packed a Committee in which he was a Member and voted to himself 2000 l. Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me See the Additionall Pâ—stscript at the Latter end of this Book 2. An Enditement must certainly allege the Offence committed in respect of the Matter Time Place Persons and other Circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of Time Place and Persons being the assured Testimony of all Humane Actions This Lawless Court leaves him in a vast Sea of Troubles without Pole-star card or compass to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a false-hearted Pilot to him These Judges not being of Counsel with the Prisoner as our Legall Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious Cooks 3. Instit p. 29. But the whole Proceedings of this Court their Meeting and sitting being erroneous here is no room left for Admonition To take away their errours is to take away Court 4. Cooks 2. Instit pag. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Laws of England not upon the votes of the House of Commons and to contain this Clause in them To do what is just according to the Laws and Customs of England not to execute the severall powers given them by the Act. 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII c. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of 12 men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any Person or Persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of People were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a New Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I hear such an other Offfce will be erected when the Novelty of this wonderfull High Court is lessened and the yoke thereof throughly setled upon the Peoples Necks Yet observe the said Act. 11. Hen. VII c. 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had been pursued against many of the Kings subjects to their great dammage and wrongfull vexation The ill successe hereof saith Cook and the fearfull end of these two Oppressors who were Endited and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and Free Parliament Cooks 3. Instit p. 208. Should admonish Parliaments That instead of this Ordinary and precious Triall by the Law of the Land they bring not in Absolute and Partiall Trialls by Discretion And in his 4. Instit page 41. Cook saith Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertain and crooked cord of Discretion for it is not almost Credible to foresee when any Maxime or Fundamentall Law of the Land is altered what dangerous inconveniences will follow as appeares by this unjust and strange Act 11. Henry VII chap. 3. 5. This Parliament alwaies declared they bore Arms against the King in Defence of the Laws Liberties and Properties of the People This way ran the whole current of their Declarations And they alwaies reckoned Magna Charta the Petition of Right and Trialls by Juries the Chief and most Fundamentall of all our Laws See their 1. Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgements against mens Estates without Trials by Juries Much aggravated by Master St. Iohns in his aforesaid Argument against Strafford And for the better preservation of Legall Trialls by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earl should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9. Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the fundamental Laws of the land for preservation of the lives liberties and properties of the people with all things incident thereto Now to erect an arbitrary lawless high Court to give judgment against mens lives and estates and attain their bloods without Enditement found by a grand Jury and a trial by a Jury of twelve sworn men vicineto is a far fouler breach of trust in them against their Sovereign Lords the People than all they charged the King withall and a far higher act of tyranny and injustice than either the late King or Empson and Dudley or Strafford were accused of But if they alledg They do not put down Juries in general but only in some particular mens cases and upon necessity I answer That we are all born Freemen of England alike That our ancient known Laws Laws Courts and trials by Juries are our inheritance equal alike to all And one party or part of the people ought not to be disherited disfranchised or forejudged no more than another No man can be said guilty of any crime until he be legally convicted and sentenced the Law must first go upon him and condemn him Ubilex non distinguit non est distinguendum If we do not live all under one Law and form of Justice we are not all of one Commonwealth See the aforementioned Gentlemans Argument against the special Commission of the Court of York For Necessity our present power is under none but the fears and terrors of their own guilty consciences No apparence nor probability of any enemy by their own confession nor can they plead in their excuse a necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerful and dangerous persons as could not safely be called to account by the Law so dyed Joab Adonijah c. for which the rule is Neminem adeo eminere
Principles for which the Parliament so often declared in print that they fought and for defence whereof they had entered into a covenant with their hands lifted up to God the other two principles were Religion and Lâ—berties 1. The Lords were not Peers to the Commoners At the common Law they shall have sworn Judges for matter of Law of whom they may ask questions in doubtfull points nor can they be Judges in their own cases 2. They have sworn Jurors of the Neighbourhood for matter of fact whom they may challenge 3. The known Laws and Statutes for Rules to judg by which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason And if you could to do it Ex post facto is contraty to all rules of justice The Apostle saith sin is a breach of a Commandment or Law I had not known sin but by the Law the Law therefore must go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon Oath before the accused's face who may except against them and cross examine them 5. Even in Star-chamber and Chancery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryal and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the Law yea he had Law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay whose very names are concealed yet Naboth was murdered by the sword of Justice for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too non recurrendum ad extraordinaria quando fieri potest per ordinaria But all this was but to charm a deaf Adder 52. Arguments proving the Lords to have no power of Judicature over the Commons the nine or ten engaged Lords that then possessed the House were thought to be fitter than a Jury of Middlesex to make work for the hang-man and yet they have no Judicature over the Commons as appears by the President of Sir Simon de Berisford William Talboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued than a hundred for it because the Court cannot be supposed ignorant of the Law and its own rights but a particular man or Client may see Sir John Maynard's Royal quarrel and his Laws subversion Lieutenant Col. Lilburn's Whip for the present House of Lords and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament dated 21 Feb. 1647. As for the cases of Weston Gomenes and Hall cited by Mr. Pryn they were for facts done beyond Sea and before the Stat. 1. Hen. 4. ch 14. whereof the Common Law could then have no connusance and therefore an extraordinary way of proceeding before the Lords was requisit and by the Kings special authority it was done without which I dare boldly affirm the Lords have no Judicature at all which thus I make appear 1. The King by delivering the Great Seal to the Lord Keeper 53. The House of Peers no Court of Judicature at all properly and per se makes him Keeper of his conscience for matter of equity By His Brevia patentia to the Judges of the two Benehes and the Exchequer the King makes them administrators and interpreters of his Laws But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases And though the Lord Keeper is Speaker of the Lords House of course yet he is no Member of the Lords House virtute Officii the Judges are not Members but assistants only so that no man in the House of Peers as he is simply a Peer is trusted by the King either with dispensation of Law or Equity 2. When a Peer of Parliament or any man else is tried before the Lords in Parliament criminally he cannot be tryed by his Peers only because in acts of judicature there must be a Judge Superior who must have his inferiors ministerial to him therefore in the trial of the Earl of Strafford as in all other trials upon life and death in the Lords House the King grants his Commission to a Lord high Steward to sit as Judge and the rest of the Lords are but in the nature of Jurors So that it is the Kings Commission that Authoriseth and Distinguisheth them 3. When a Writ of Error issueth out of the Chancery to the House of Peers they derive their Authority meerly from that Writ For the three Reasons aforesaid the House of Peers is no Court of Judicature without the Kings special Authority granted to them either by his Writ or his Commission and the Lords by their four Votes having denied all further address or application to the King have cut off from themselves that fountain from which they derived all their power and all trials by Commission must be upon Bills or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designs of a restless impetuous faction Had the Faction had but so much wit as to try the Gentlemen by Commission of Oyer and Terminer before Sergeant Wild he would have borrowed a point of Law to hang a hundred of them for his own preferment Observe that almost all the cases cited by Mr. Pryn concerning the Peers trials of Commissioners were Authorised by the King upon the special instance of the House of Commons as for the House of Commons they never pretended to any power of Judicature and have not so much Authority as to Administer an Oath which every Court of Pye-Poulders hath 54. Blank Impeachments dormant But this way of tryal before the pre-ingaged Lords and upon Articles of Impeachment which they keep by them of all sorts and sizes fit for every man as in Birchin-lane they have suits ready made to fit every body was the apter means to bring men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation than their nature is usually acquainted with and to fright away at least put to silence the rest of the Members with fear of having their names put in blank Impeachments and that it might be so apprehended Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready nothing wanted but to fill up the Blanks they might put in what names they pleased This Inquisitor General this Prologue to the Hang-man that looks more like a Hang-man than the Hang-man himself hath since gotten a
Laws can lay no hold on him Lieutenant Colonel Lilburn in a verbal Charge delivered at the Commons Bar accused him of many Treasonable Acts which he avowed to make good and in his Book called A Plea for a Habeas Corpus But as if Cromwel were a Traytor cum privilegio the House of Commons being under their Armed Guards dares take no notice of it But the Roman Tribune said to Scipio Africanus in Livy Qui jus aequum ferre non potest in eum vim haud injustam fore he that exalts himself above the Law ought not to be protected by the Law To conclude Cromwel hath lately had private conference at Tarnham with Hammond The Earl of Southampton hath been courted to negotiate with the King and offered the two Speakers hands for his warrant Capt. Titus taken into favour and imployed that way The Grandees have brought themselves into a mist and now wander from one foolish design to another The Spaniard is said to forecast in his debates what will happen forty years after But these purblind Politicians do not foresee the event of their Council forty days nay hours beforehand but it is a curse laid upon wicked men to grope at noon day About 5 or 6 of Jan. 1647. the Scots Commissioners had written certain Letters to the House of Commons 76. Debates in the Hou of Commons upon the Scots Letters 1 Concerning the said 4 Votes one whereof repeating the four Votes against the King propounded to know whether the Houses by their Votes That no person whatsoever do presume to make or receive any Application or address to or from the King would debar the Scots to make or receive any Addresses to or from Him and so put an incapacity upon Him to perform acts of Government towards them In the debate the Independents called to mind a more antient Vote whereby it was Ordered That the Scots might be admitted to the King Against which was alleged That these latter Votes being made general without exception Repealed that former Vote At last by an interpretative Vote it was concluded That notwithstanding the said four latter Votes the former Vote That the Scots Commissioners might make Addresses to the King was still in force Observe that this was done four or five days after the Scots Commissioners were on their way towards Scotland 2 Concerning 100000 l. due to the Scots The second Letter was concerning 100000 l. due by contract to the Scots from the Parliament whereof 50000 l. was payable by assignment to divers Scots Gentlemen who had advanced money to hasten the Scots Army to our relief whereof 10000 l. was payable to the Earl of Argyle Sir Henry Milmay made a long Speech in praise of Argyle saying That he and his party and the Scotish Clergy were the onely men that upheld the English interest in Scotland and were better friends to us than all Scotland besides wherefore he moved that Argyle might be paid his 10000 l. and the rest continued at interest at 8 l. per cent Presently the whole Independent gang with much zeal and little discretion ran that way untill more moderate men stopping them in full cry minded them what dishonour and danger they might bring their friend into by laying him open to suspition After this it was resolved to send four Commons and 2 Lords into Scotland as Commissioners with instructions 77. Six Commissioners sent into Scotland To send all Independents would not be acceptable 2. Presbyterian Commoners therefore were sent one whereof was sweetned with the gift of 1000 l. and an Office before they would trust him with them were sent Mr. Hearl and Mr. Marshal Marshal when he saw Independency prevail 78. Mr. Marshal had secretly turned his coat the wrong side outward and joyned interest with Mr. Nye but before he declared himself he was to do some service for his new party wherefore when the Army looked with a threatning posture upon the Parliament and City before they marched through London the common Souldiers being in such discontent for want of pay that they were ready to mutiny and disband and their Officers scarce daring to Govern them the first fruits of Marshal's service to his new friends was to perswade the City to lend the Parliament 50000 l. to pacifie the Souldiers assuring them by Letters that the Army had nothing but good thoughts toward the City onely the common Souldiers were troubled for want of pay After the City had laid down the said 50000 l. his next labour was to perswade the Citizens to let the Army march through the City without opposition for avoiding of blood-shed and firing and to let them possess the Tower and Line of Communication After these services the Grandees of the Parliament and Army finding him suitable to them received him into an avowed favour and then four Independents and four Presbyterian Divines conjoyning their Interests were sent to season the Army and new tune them according to the more modern design Marshal was one where after he had preached according to the Dictates of the Grandees of the two Houses and Army for divers weeks Marshal was thought fit to attend the Commissioners into Scotland He and Master Nye had been sent to Carisbroke Castle formerly with those Commissioners that carried the 4 Bils to the King and had 500 l. a piece given them for their journey Scotland a longer journey promised a larger reward it is good being a Postilion of the Gospel at such rates The Sunday before he went he preached at Margarets Westminster and as much cried up Presbytery and the Covenant there as he had before slighted them in the Army This was a Preparation Sermon to make him acceptable to Scots that he might cajole them the easier Before he went he sent his Agents from house to house at Westminster to beg mens good wills towards his journey He was willing upon this pretence to get what he could from St. Margarets Parish where he found the people to grow cold in their affections and contributions to him Wherefore having made his bargain before he went to leave S. Margarets and officiate in the Abby where he is to have 300 l. per annum certain allowance he would rob the Aegyptians at Saint Margarets for a parting blow This Priest married his own Daughter with the Book of Common prayer and a Ring and gave for reason that the Statute establishing that Liturgy was not yet repealed and he was loath to have his Daughter whored and turned back upon him for want of a Legal Marriage Yet he can declare against all use of it by others He hath so long cursed Meroz and neutrality that he hath brought Gods curse upon the Land and hath put Church and Commonwealth into a flame but himself and his Brats have warmed their fingers at it as Monies are decried or enhaunsed by the Kings Authority so is every mans Religion cryed up or down by Marshal's authority and stamp 76. The
The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
himself and moderate his Actions the Army looking upon him as their onely Enemy and Opponent in the City lest they should seize upon him and carry him away or do him some other mischief This is conceived to be an Independent mouse-trap set up to catch a Presbyterian in for if the Major General had not discovered the said Letter and it had been found about him or in his House or if it had been testified that such a Letter was left at his house and concealed here had been matter enough for an Impeachment against him 104. Correspondency with Card. Mazerini The Grandees of Derby house and the Army solicit the detaining of the PRINCE in France and the delaying of his journey for England lest he trouble the yet unsetled Kingdom of the Saints To negotiate which they have an Agent lying Lieger with Cardinal Mazarini the great French instrument of State who is so well supplied with Money and so open handed That it hath been heard from Mazarin's own mouth That all the money the Queen and Prince hath cost the Crown of France hath come out of the Parliament Purse with a good advantage It is likewise said Mazarini hath an Agent here to drive on the Interests of France in England The Grandees in reference to the pulling down of Monarchy 105. Doleman's Antimonarchical Book printed and the establishing of their Olygarchy or Tyranny contrary to their Remonstrances Declarations the National Covenant and their late Vote That they would not alter the ancient form of Government by King Lords and Commons have caused the Book written by Parsons the Jesuit 1524 under the feigned Name of Doleman and called A Conference about the succession of the Crown to be published under the Title of Several Speeches delivered at a Conference concerning the power of Parliaments to proceed against their Kings for mis-government Parsons had made this Book a Dialogue these Men have made it into Speeches The Arguments and Presidents are meerly the same you see they can joyn Interests with France Doctrine with the Jesuits to carry on their design See the Conclusions 15 16 17. and reduce us to the condition of French Peasants or Slaves under the Kingdom of the Saints Doleman's Book was condemned by Act of Parliament 35 Eliz. But what care the Grandees for Acts of Parliament having fooled the people into a belief That both the Legislative and Judicative power is in the two Houses of Parliament without the King and that an over-powering party or Junto in the two Houses complying with an Army to keep the rest under force and awe is the Parliament 106. The Legislative Judicative power and the Militia where they reside See the Conclusions 15 16 17. The Parliament consisteth of 3 Estates 1. The King whom the Law calleth Principium Caput finis Parliamenti and therefore he only can Call He only can Dissolve a Parliament and is himself called and chosen by none being primus motor that animates all 2. The Lords who have their creation and vocation only from the Kings bounty 3. The Commons who have their summons onely from the Kings Writ though their election from the people and in that respect only the people being too diffused a Body to be Assembled they have something of Representation in them being the Epitome of the People These 3 Estates concurring have power to make news Laws to change or repeal old Lawes and in some doubtfull cases rarely hapning which the Judges dare not venture upon they have power to interpret the Laws This is a wise and politick constitution for if any one or any two of the said three Estates should make new Laws Change Repeal or Interpret old Laws arbitrarily and at pleasure without mutual agreement of all the three Estates it were in the power of that one or two to enslave the other Estate or Estates so omitted Besides the Law doth not favour the making of new Laws nor the changing and repealing of old Laws being an innovation that stirs too many humors in a body politick and indangers its health and brings contempt upon the Laws Leges priusquam latae sunt perpendendae quando latae sunt obediendae saith Arist Pol. But though all 3 Estates must assent to the making altering or repealing a Law yet any one of the 3 Estates hath a Negative Voice and may dissent from such making 2 H. 5. 4. H. 7. c. 18. 12. H. 7. c. 20. 1 Ja. c. 1. 2 Ch. c. 1. altering or repealing to avoid innovation as abovesaid How then can the two Houses of Parliament exercise the Legislative power and make change or repeal any Law by Ordinance without the King the first Estate and head of the Parliament and so deprive Him of His Negative Voice and the people of their Laws Liberties and Estates contrary to 9 H. 3. Magna Charta 1 part Instit sect 234. in fine 7. H. 7. 14. especially when this very Parliament declares in the Exact Col. 1 part p. 727. That the King hath a Negative Voice and that Bils are not Laws or Acts of Parliament without the Kings assent consequently nor Ordinances And as the two Houses take upon them the Legislative power without the King so in the case of the 4 Aldermen and Sir John Maynard they usurped a Judicative Power in case of Treason tryable in the Kings Bench yet it is most certain that when the 3 Estates in Parliament have passed any Act their power determines as to that Act and then the Authority of the Judges begins which is Judicative whose Office is upon cases brought before them to determine whether that Act be binding or no for Acts of Parliament against common right Repugnant or Impossible are Void Cook 8. f. 118. Dr. and Student l. 1. c. 6. and to expound the meaning and signification of the words of such Act. If therefore the 2. Houses usurp the Legislative and Judicative power or the Militia otherwise than hath been by the fundamental constitution of this Monarchy and the practice of all ages accustomed the Grandees of the two Houses and Army seem to lay claim to them all by the Sword for in the late Declaration against the Scots Papers p. 64. they say That they engaged in this war upon these principles viz. To keep the Legislative power and the exercise of the Militia without and against the Kings consent and p. 63. ibidem the Members tell us that in all matters concerning Church or State we have no judge upon Earth but themselves It follows then the Grandees do it to subvert the ancient Government Laws and Liberties of this Nation and establish a Military Olygarchy or the Kingdom of the Saints over us in themselves In order to which design they have put all things out of order and turned them upside down nay they have crucified the whole Kingdom with Saint Peters Crucifixion the head downwards and the Heels upwards When this King went into Scotland He compared the
is never unfurnished with dormant Articles of Faith upon all emergent occasions 15. Supposititious Privileges of Parliament see The History sect 105 106. so the Grandees are never unprovided of dormant Privileges of Parliament which they call by a new canting word lex Parliamenti in opposition to lex Terrae with these they boulster out their designs These Privileges were much insisted on in their Impeachments of the Members and Aldermen and whosoever pleads against them in his own defence and flies from those Privileges to the known Laws for Sanctuary is cried out upon for overthrowing the Jurisdiction and Privileges of Parliament and therefore guilty of Malignancy thus John Lylburn suffers if he does not plead against them he laies his head on the block at the mercy of those mercilesse men This net caught many a Wood-cock until the said Aldermen and Sir John Maynard broke through it and spoiled the cock-road The Grandees of the Parliament and Army have so totally subverted our fundamental Government and Laws 16. The confusion this Monarchy is btought unto see The History sect 105 106. that they have neither Monarchy nor Common-wealth left non jam Respublica sed magnum latrocinium est we have not so much as a face and shadow of Government remaining we have a KING de jure but so wholly eclipsed and disabled to perform Acts of Government by his close imprisonment that for the present we have no King de facto and every man doth what seemeth good in his own eyes we have Magistrates Judges and Justices de facto but not being constituted and ordained by any lawfull Authority nor under any authentical Great Seal according to the Laws of the Land they are not Magistrates and Judges de Jure so that if we look upon the King our Supreme Governour our violent Grandees have brought an Inter-regnum upon us If upon our Magistrates Judges c. they have brought a Justitium a totall eclipse of Justice upon us It follows then that both the imperative and coercive power of the King and Magistrates the legislative power of the Parliament the judicative power of the Judges and Justices are all suspended and in Abeyance and like a Watch when the principal wheels are broken no part can move to perform its function Contzenius the Jesuit in his Pol saies He that will introduce a new Religion or a new form of Government must utterly abolish the old and erect his new Fabrick upon the ruines of it You see they have been apt Scholars in this doctrine of the Jesuite this 7 years which they have spent in Demolishing but what form of Government our Grandees wiâ—â— eâ—eâ—t upon the ruines they have made doth not yet appear nor how all just interests and mens particular Estates shall be preserved from being buried under the ruines of this earthquake 17. The Regal Legislative and Judicative power usurped The King is the only supreme Governour of this Realm of England to regulate and protect the people by commanding the Laws to be observed and executed and to this end He and He alone beareth not the Sword in vain yet the KING by himself can neither make repeal or alter any one Law without the concurrence of both Houses of Parliament the Legislative power residing in all three and not in any one or two of the three Estates without the third and therefore no one or two of them can exclude the other from having a Negative voice in passing repealing or changing of Laws nor can the King by himself or joyntly with the Lords and Commons judge what the Law is this is the office of the sworn Judges of the two Benches and Exchequer who are the known Expositors and Dispensers of Law and Justice in all causes brought before them yea they do declare by what Law the King governs thereby keeping the KING from governing arbitrarily and enslaving the People And these Judges of the Law have always been authorized by the King and all legal proceedings have been in his Name and by his Authority 1200 years before Magna Charta granted or any set form of Parliament established The Law it self is called the Kings Law the Realm the Kings Realm He is the fountain of justice mercy honour witnesse all our Statues Law-Books and Histories and the Oaths of Supremacy which every Member taketh before he sits in Parliament Now for any one man or any Assembly Court or Corporation of men be it the two Houses of Parliament to usurp these three powers 1. The Governing power 2. The Legislative power 3. And the Judicative power into themselves is to make themselves the highest Tyrants and the people the basest slaves in the world for to govern supremely by a Law made and interpreted by themselves according to their own pleasure what can be more boundlesse and arbitrary they may put to death whom they please for what cause they please and confiscate his estate to their own use yet this the two Houses of Parliament or rather an overpowring party in the two Houses seasoned with a Schismatical humour of singularity have lately done 1. For the Governing power 1. They coyn enhaunce and abate money 2. They make War and peace and continue an extraordinary Militia of an Army upon us 3. They declare who are Enemies to the Realm 4. They maintain forein negotiations 5. They regulate matter of Trade and exercise other Regalities whereas all Jura Regalia belong only to the King as Supreme Governour 2. For the Legislative power They exclude the King from his Negative Voice and the two Houses obtrude their Ordinances things so new that they are not pleadable in any Court of Justice as Laws upon the people laying an excise Assessements and Taxes upon the People They Vote and declare new-Treasons not known by the statute 25 Edw. 3. nor by any other known Law yea even to make or receive any addresse to or from the King and they account it a breach of Privilege if men do not believe it to be Treason being once declared They out men of their free-holds and imprison their Persons contrary to Magna Charta by Ordinances of Sequestration c. 3. For the Judicative power They erect infinite many of new Judicatories under them as their Committees of complaints of secret Examinations of Indempnities their Country Committees where businesses are examined heard and determined without nay against Magna Charta and the known Laws nay even in capital crimes they wave the Courts of Law and all Legal proceedings by Outlawry Indictment or Tryal by Peers and Bill of Attainder which is the only way of Tryal in Parliament For the Parliament cannot judicially determine any thing but by Act of Parliament and set up new-invented forms of proceeding before the Lords even against free Commoners although the Lords be not their Peers as in the case of the four Aldermen c. and the Arch-bishop of Canterbury They defend these doings by a pretended necessity
quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would 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 way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when 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 was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer 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 which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask 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 will not trouble my Reader with these being enough to shew 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 who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was 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 what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed 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 c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 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 Traitour 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 levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason 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 dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have 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 therupon 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 wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several 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 Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom 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 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess 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 bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War 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 Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War 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 by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
People or else by the power of Courtiers stopping the course of Justice at the Councel Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Judges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there For this you must take the faith of the misty brained Penman who had this as well as many other gross Lies by Revelation The Army had had the King in hâ—ir power and had the Parliament adjourned the sole power of the Kingdom had been left in the Army which is a thing aimed at by them Another Objection is That they had intelligence that had they been suffered to meet all in the House once more it was designed to have passed some higher Resolutions to lay farther foundations of a new quarrel so as to carry therein the name and countenance of Parliamentary Authoriâ—y together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another War To this we say the House immediately upon passing the Vote 5. Decemb sent a Committee to the General to confer with him and his Officers and keep a good correspondency with them To which the General promised his readiness howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shews they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custodie are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no less crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appears what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be legally carried in a judicial way by competent Judges not preingaged In the mean time we conclude That Souldiers whose advantages arise by War are not fit to judge of the Peace of the Nation 74. A Declaration by Mr. Walker and Mr. Pryn The 19. Jan. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the Generall and Generall Councell of the Army and their Election now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full and 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 pittying the bleeding condition and tears 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 Laws and Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by concluding 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 settlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized and Imprisoned 41 of the Members going to the House of Commons to do their Duty secluded above 160. other Members besidss 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their own engaged party of 40. or 50. Members sitting who now pass 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 own 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 of 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 do declare and protest That the said Generall Commissioned Officers and 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 War and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament and the Kings Person and Authority in defence of Religion Laws and 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 and Actings passed and to be passed by this nominall House of Commons are and will be void ab initio and all such as do or shall obey them are and will be punishable both by the Armies own judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We do farther declare and protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice and 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 and the Protestant Profession Traitors against the Stat. of Treason 25. Edw. 3. and against all Laws and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation
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 self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom 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 Soveraign are clean different things and therefore until 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 answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial 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 Pettyfoggers Braâ—shaw 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 ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown 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 do 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 Chief 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 Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties 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 Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do 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 year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all 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 settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall 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 Laws
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm 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 Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own 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 Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm 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 Witnesses 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-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement 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 Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor 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 Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws 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 Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 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 publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State 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 down one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance 104. New Commissions for the Judges whereof six hold and six quit their places Instructions were given by the Commons for drawing new Commissions for the Judges according to the new Antimonarchical stile and way the new Great Seal being now ready a Committee of the House met the Judges about it whereof six agreed to hold upon a Provision to be made by Act of the House of Commons that the Fundamental Laws 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 Fundamental Laws This is but a Fig-leaf to cover their shame Those that held were Of the Kings Bench Mr. Justice Rolls and Judge Jerman of the Common Pleas Mr Justice S. John and Judge Pheasant of the Exchequer Chief Baron Wilde and Baron Yates those which quitted their places and kept their Consciences were Justice Bacon and Justice Brown Sir Tho. Beddenfield Justice Creswel Baron Treaver and Baron Atkins 103. Cyrencester elâ—ction But the Clerk of the Crown cert fied that between the Commitee of Elections and himself they could not find the Indentures of return the House therefore Ordered That they should sit and do service so they are Burgesses not returned but ordered to sit 8. Febr. The Election of the General and Col. Rich at Cyrencester which never durst see the light before after about 3. years lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerk of the Crown for whom they have not invented a new name yet ordered to mend the return of the Writ at the Bar. * 104. A Declaration That they will keep the Fundamental Laws lives why did they erect the High Court of Justice and do still continue Martial Law liberties why do they press Seamen then properties why do they levie illegal Taxes by Souldiers and continue illegal Sequestrations They likewise passed a Declaration to this purpose that they are fully resolved to maintain and shall and will uphold preserve and keep the Fundamental Laws 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 Munday February 12. The Commons appointed the Circuits for those Judges that held 105. The Judges Circuits appointed the Benches filled up and their Oaths altered and passed an Act for compleating the Judges of the several Courts filling up the rooms of those that held not with some alterations in their former Commissions and a new Oath to be given them to swear well and truly to serve the Common-wealth in the Office of a Justice of the Upper Bench which all our Laws call the Kings Bench or Common Pleas according to the best of their skill and cunning 106 A new Oath for the Freemen of London and other Coâ—porations The House passed an Act that the Oath under-written and no other be administred to every Freeman of the City of London at his admission and of all other Cities Burroughs and Towns Corporate YOu shall swear that you will be true and faithfull to the Common-wealth 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 repeâ—l the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statute 1. Eliz. 3. Jacob. 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 and secluded Members In opposition to these tyrannous destructive illegal and trayterous proceedings of 40. or 50. cheating Schismaticks sitting under the force and promoting the Interests 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 and illegall late Acts and proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. WE the secured and secluded Members of the late House of Commons taking into our sad and 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 Freedom and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdoms 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 Murthered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all forraine 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 Justice as they terme it though never any Court themselves to Arraigne and condemn His Majesty against the Lawes 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 and unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Jurisdiction 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 Laws of the Land and the liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free
their Wives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischief 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 mix-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councel 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 stir not but immediately chuse you a Councel 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 151. M. Lockier condemned by a Councel of Warr with his honourable death and burial and Lilburns Letter to the General and five or six other Troopers of Captaine Savages Troop were condemned for a supposed mutiny in behalf of whom Lieut. C. John Lilburne writ this Letter following to the General dated 27. April 1649. May it please your Excellency WE have not yet forgot your Solemne Engagement of June 5. 1647. wherby the Armies Continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement And if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to another and the Ligaments and Bonds of the First were Dissolved and gave place to the Second and under and from the head of their first Station viz By the Will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army For the deniall of the Authority is an Abrogation and Nullment of all Acts Orders or Ordinances by that Authority as to them And upon this Account your Excellency with the Army long proceeded upon the Constitution of a new Councel and Government contrary to all Martial Law and Discipline by whom only the Army engaged to be Ordered in their prosecution of the Ends to wit Their several Rights both as Souldiers and Commoners for which they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-wealth 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 refusal 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 the House and their Imprisonment without cause c. which can no way 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 Lawes and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other free people and principally your cruell Exercise of Martial Law even to the Sentence and Execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army we cannot but look upon your defection and Apostacy in such dealings as of most dangerous Consequence to all the Laws 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. which with your Excellency in point of duty ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Iustice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troop yesterday by a Court Martial upon the Articles of Warre and sentencing of two of them to death and for no other end as we 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 which declareth That no person ought to be judged by Law Martial except in times of Warre And that all Commissions given to execute Martial Law in time of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then Commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which 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 Law in England and there promise to preserve inviolably it and all other the Fundamental Lawes and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident therunto And the Exercise of Martial Law in Ireland in time of Peace was one of the chiefest Articles for which 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 warrantably destroy the Fundamental Liberties and Principles of the Common Law of England It being a Maxim in Law and Reason both that all such Acts and Ordinances are ipso facto null and void in Law and binds not all but ought to be resisted and stood against to the death And if the Supreme Authority may not presume to do this much lesse may You or Your Officers presume thereupon For where Remedy may be had by an ordinary course in Law the Party greived shall never have his recourse to extraordinaries Whence 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 Justice according to the Lawes and Statutes of the Realme in the times of Peace as now it is and the extraordinary way by Courts Martial in no wise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martial Law it is absolute murder in that General c. Therfore erecting of Martial Law now when all Courts of justice are open and stopping the free current of Law which sufficiently provides for the punishment
broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Colledge And by John Goodwin the sophistical Divine which is fully conâ—uted in A Religious Demurrer concerning submission to the present power an excellent peece but what the Sword gave To this the honest Lievtenant Colonel answered Mr. Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or four honest men and rob them that act is righteous because they are the stronger Party And if any power be a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man in resisting and fighting against a just power in the King who was a power up and visible fenced about with abundance of Laws so reputed in the common acceptation of Men by the express letter of which all thâ—se that fought against him are ipso facto Traytors and if it were not for the preservation of our Laws and Liberties why did the Parliament fight against Him a present power in being and if there be no Laws in England nor never was then you and your great Mâ—sters Cromwel Fairfax and the Parliament are a pack of bloody Rogues and Villains to set the People to murder one anâ—ther in fighting for preservation of their Laws in which their Liberties were included which was the principal declared Cause of the War from the beginning to the end I thought quoth the Lievtenant Colonel I had been safe when I made the known Laws the rules of my actions which you have all sworn and declared to Defend and make as the standard and touchstone between you and the People * The Laws are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lyes not therein their minds may change and then where are you I but quoth the Lievtenant Colonel I cannot take notice of what is in their minds to obey that but the constant Declaration of their minds never contradicted in any of their Declarations as That they will maintain the Petition of Right and Laws of the Land c. This was the substance of their discourse saving that John pinched upon his great Masters large fingring of the Common-wealths money calling it Theft and State-Robbery and saying That Cromwel and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summ of this Debate to thee that by comparing their doctrine and principles with their daily practices thou mayst perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign under pretence of defending our Laws 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 Sun pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegal and bloody 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 break the Parliament by hostile force put down the House of Lords erect extrajudicial High Courts of Justice to murder Men without Trial by Peers or Jury or any legal proceeding to subvert the fundamental Government by Monarchy and dispossess the right Heir of the Crown and to usurp his Supreme Authority in a factious fagg-end of the House of Commons to put the Kingly Government into a packed Junto of forty Tyrants called A Councel of State to exercise Martial Law in times of peace and upon persons no Members of the Army to raise what unnecessary illegal Taxes they please and share them and the Crown 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 Legal proceedings and intoduce a forraign Jurisdiction to Counterfeit the Great Seal and Coin of the Kingdome and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons is High Treason by the known Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speak against these crimes Good God! how long will thy patience suffer these Fools to say in their hearts there is no God and yet profess thee with their mouths to break all Oathes Covenants and Protestations made in thy Name to cloak and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived sensless Trees and torn 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 War Turn the Councels of the wise into folly let the crafty be taken in their own net and now at last let the Oppressed taste 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 appeal to thee as Author of their prosperous sins become Lord Author of their just punishments bestow upon them the rewards 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 self stand in need and seek to ripen thy vengeance before thy time Shall the Pot ask the Potter what he doth I beheld the prosperity of the wicked and my feet had 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 illegal Lord Mayor 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 until some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Trial 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
Brook Comission 19. 21. It appears by the Writs of Summons to the Lords Crompt Jurisdiction of Courts fol. 1. Cooks 4. Instit p. 9. 10. and of Elections 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 Commonwealth formally it cannot be the same 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 pragmatical 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 and leavying their Wages That the Parliament was only Parliamentum nostrum the Parliament of the Kings that is Dead not of his Heirs and Successors They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heirs and Successors of great and weighty Affairs 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 revival The Parliament is determined thereby especially as those who have Dis-inherited his Heirs and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Judges Justices of the Peace Sheriffs made onely 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 Justitiarios 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 Justice of Peace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of the Parliament 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament 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. 18. 1 Hen. 7. 12 13. Plowdens Comment fol. 369. Cooks 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 clear dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regal Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principal occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complain 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 Regal 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 Natural or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5 6. 14 17. compared together where they Affirm 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 Royal power in Dissolving of Parliaments 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 Publick 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 inconveniences 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 Royal Command to the Houses or their Speaker executed during his life-time See Parl. Rolls 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64 65. 11 Ric. 2. nu 14 16 20. 8 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 Cooks 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heir or Successor and for supplying other His Majesties not his Heires nor Successors occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which credit cannot be attained until such Obstacles be first removed as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Justice 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 Knighthood-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 onely to His late Majesty as to His Acts of Royal Power not to His Heires and Successors after His Natural much less 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 several Principal Scopes of this Act are fully satisfied long before the late Kings death 4. It is clear by the Body of this Act And be it declared c. That this present Parliament c. shall not be dissolved unless 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 unless it be by Act of Parliament to be passed for
That the House is content the farther consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monck and the Play was done wherein take notice of these following Observations 1. The Armies Doctrine See the Answer of the Councel of Officers to the Parliaments Demand concerning their secured Members And their Answer thereunto and use of apprehended necessity and good intentions to justifie evil actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks ago publickly known in England and divulged in their own Licensed News-books was never scrupled until now That 1. the said Agreement was expired 2. That O Neale was so beaten by the Lord Inchiquine that he is as their own News-books say inconsiderable and must suddenly joyn with the Marquesse of Ormond or be destroyed 3. That these Votes call this * Let me not seem over-bold in maintaining a different opinion since Parliaments are no more infallible than Popes and all humane opinions are equal unless Reason make the difference I hope we have not lost our Reason with our Lawes and Liberties nor the exercise and use of it Agreement but a Treaty and Cessatiâ—n of Arms which I affirm to be a League Defensive and Offensive against Ormond Inchiquine and all that do and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith That upon all occasions both Parties be ready with their Forces to assist one another until a more absolute Agreement be made and condiscended unto by the Parliament of England This is beyond a Cessation 2. Article third saith That the Creaghts of Ulster residing within the Quarters of Col. Monck shall pay Contribution to General Owen Oneale This is a Concession of a great latitude far beyond the authority of any subordinate Commander or General and against the Lawes and Liberties of the Land to grant Taxes It should seem by this that Oneale and his Army were become Mercenaries taken into pay by Monck 3. Article fourth saith That if General Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond the Lord Inchiquine or any other Enemies of the Parliament of England and thereby spâ—nd his Ammunition if he be near unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchequine Besieged Dundalke I make the same interpretation of this Article that I have made of the third 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Moncks liberty which likewise is too much fot a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a War against Owen Roe and the rest in Arms in that Kingdom 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. Monck 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 Martial without which Military Discipline will perish and by the Lawes of hur 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 John Winter and Sir Kenelm Digby sent for over as was foretold by an intercepted Letter whereof of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neal 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 himself in Arms in Ireland Ormonds Catholick Irish party would all forsake him and go over to O Neal who maintained the Popes Interest in that Kingdome Nota. The aforesaid paper prinred by Authority and stiled The true State of the Transactions c. besides the said Articles of Cessation setteth down other Articles called The Propositions of General Owen O Neale 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 joyn with General Owen O Neale Within the space of three Months is not in the said Copy printed at Cork in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Laws and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said parties their Heirs and Successors for ever while they Loyally serve the Parliament of England 2. The said General 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 Year 1641. 3. They desire that General Owen O Neal 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 General Owen O Neale may be restored and put in possession of his Ancestors 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 perform in the Parliament of Englands Service in the preservation of their Interest in this Kingdome 8. That the Army belonging to General 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 do upon receiving a confirmation of these Propositions forthwith undertake and promise in behalf of my self and the whole party under my Command faithfully and firmly adhere to the State of the Parliament of England in this Kingdome and maintain their Interest hereafter with the hazard of our lives and fortunes In witness whereof I have hereunto put my Hand and Seal this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus far the said paper stiled The true State c.
aforesaid commotions and all other causes they pleased to call High Treason They had no other bounds nor limits in their proceedings than what they prefixed to themselves in certain Articles Some few whereof I will here present unto my Reader because they judged of High Treason by those Articles not by the known Laws of the Land a thing very observable and applicable to my purpose so that they were not only Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a liberty to observe no set forms of proceedings but at their own pleasure 1. Article Petitioning against Innovations in Government and for the known Laws made Treason the like the Parliament practiseth against such as petitioned for peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes All Petitions heretofore tendered to the States or Cities Corporate against the erecting of new Episcopal Sees or against the Holy Inquisition or or requiring a Moderation of Decrees or Acts of State Parliament are accounted meer conspiracies against God and the King 2. Art All Nobles Gentry Judges Magistrates and all others who connived at Heretical Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessity of the times and did not resist and oppose them 3. Art Whosoever affirms that all His Majesties Subjects of Belgia have not forfeited their ancient Priviledges immunities and laws for Treason We have forfeited our laws by conquest or else our Grandees would not pass the two Acts for Treason 14. May 17. July 1648. nor erect the High Court of Justice and abolish our ancient lawes and government See Pol. 3. Oct. 1650. and the Case of the Kingdome stated and that it is not lawful for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oaths Promises Grants Contracts and Obligations whatsoever Compare this with the two Acts for New Treasons 14. May 17. July 1649. and the Act 26 March 1650. and Sir John Gells Case stated 4. Art They that affirm this Councel or High Court of Justice exercise Tyranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil Our High Court of Just exceeds all this See Sir John Gells Case stated Printed Aug. 1650. 5. Art Those that in case of Heresie deny that all manner of Informers and Witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgment Execution and Confiscation of life and goods without publishing the cause or charge and without any legal form of Trial. All these are guilty of High Treason against God and the King The Rigour Cruelty and Injustice of this New erected Counsel of Blood or High Court of Justice enforced the Low Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some mean petty fellowes Natives of that Island men even at home of obscure Birth Breeding and Fortunes we cannot finde examples of Ambition Usurpation and Tyranny as high and transcendent as bloody and destructive as covetous and greedy as any of the fore-recited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloody oppressing cheating Designs promoted by Perjury Treachery breach of Faith Oaths and publick Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special Commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and Covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the people to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtilties the said party in the two Houses now combined openly under the General Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43. or 44. of their own engaged party sitting men inriched with publick spoyls and voting under the power of the Armies Commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said remainder of Commons voted down the House of Lords though an integral and principal Member of the Parliament of England far antienter than the House of Commons and having a power of Judicature to administer an Oath which the House of Commons never had nor pretended to have until this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conferences as the Grand Inquest doth before the Judges because they rejected the Ordinance for Trial of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes To subvert the Fundamental Government Laws and Liberties of the Land To pull up by the Roots without Legal proceedings every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year In their Tax Rolls they usually set in the Margent to every name private notes of distinction an M. an N. or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redress slighted N stands for a Neuter he is more indifferently rated and upon cause shewn may chance to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concur with them in the height of their villanies The pretended Parliament are now debating to raise the Monethly Tax to 240000 lib. or to deprive every man of the third part of his Estate both Real and Personal for maintenance of their immortal Wars and short lived Commonwealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of
Injustice of the Self-created power that obtrudeth it hath been handled by many good pens especially by the Cheshire and Lancashire Ministers in their plea for Non-subscribers Therefore I pass on to my principal scope The second Engine appointed to root out all such as are of a different party the High Court of Justice A formidable Monster upon which no pen that I know of hath yet adventured 4. In treating of the High Court of Justice 4. The High Court of Justice I must consider 1. By what persons and Authority this new erected unpresidented Court is constituted 2. Of what persons it is constituted 3. The way and manner of their proceedings What Formalities and Laws they observe therein How suitable to the known Laws of the Land and the Parliaments Declarations Protestations and Covenant they are 4. To what end this Court is constituted 1. The Persons constituting this extrajudicial Court are the present pretended Parliament consisting of forty or fifty thriving Commons only who conspired with Cromwel and the Army to expel seven parts of eighth of their Fellow-Members without any cause shewn abolished the House of Peers erected this High Court of Justice in nature of a Court Martial to murther the King abolished Kingly Government turned it into a thing they call a Free State disinherited the Royal Family and now usurp to themselves without any calling from God or the People more than a Regal Legal or Parliamentary Authority wherewith they have subverted the Fundamental Government Religion Laws Liberties and Property of the Nation and envassallised and enslaved them to their Arbitrary Domination the Authority by which they erect this extrajudicial Court is The usurped Legislative power by colour of which they passed an Act dated 26. March 1650. establishing the said High Court of Justice Yet their own creature Master St. Johns in his Argument against the E. of Strafford in a Book called Speeches and Passages of this great and happy Parliament printed by William Cooke 1641. pag. 24. saith The Parliament is the Representative of the whole Kingdome wherein the King as head The Lords are the more Noble and the Commons the other Members are knit together as one body politick The Laws are the Arteries and Ligaments that hold the body together And a little after Its Treason to embesel a Judicial Record Strafford swept them all away It s Treason to counterfeit a 20 s. peece here is a counterfeiting of Law so in these counterfeit new Acts we can call neither the counterfeit nor true one our own It s treason to counterfeit the great Seal for an acre of land no property hereby is left to any land at all no more is there by the votes and practise of our new Supremists thus far Mr. St. Johns But that the Parliament doth necessarily consist of the King and the two Houses assembled by his Writ can pass no Act without their joint consent See the preambles of all our Statutes all our Parliament Records all our Law books Modus tenendi Parliamentum Hackwels manner of passing Bills Sir Tho. Smith de Repub. Anglorum Cambdeni Britania All our Historians Polititians and the uninterrupted practise of all Ages That it is now lately otherwise practised is not by any Law of the Land but by the will of lawless power and Rebellion that hath cancelled all our Laws Liberties and Properties and subverted our Fundamental Government and disfranchised and disinherited the whole Nation Yet Master St. Johns in his said Argument against Strafford pag. 38. was then of opinion That to subvert the Laws and Government and make a Kingdome no Kingdome was Treason at the Common Law This Act 26. Mar. 1650. is a new modelled Commission of Oyer and Terminer and all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President and Counsel of York or of the North as an intollerable grievance notwithstanding it had been of as long continuance as from 41 H. 8. as appeares by a worthy Members Speech or Argument against it in the said Book of Speeches and Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart High Court is not more liable than it 1. The Commissioners of this High Court are not appointed to enquire per Sacramentum proborum legalium hominum that is by Juries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to hear and determine Secundùm Leges Angliae according to the known Laws as they ought to be but according to certain Articles and powers given in the said Act 26. March 1650. 3. The said Act 26 March leaves a dangerous latude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25 Edw. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to appertain to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporal pains are proper to slaves not to subjests Here after the loss of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowereth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practise of all our Courts of Law and of all Nations See Stat. 1 Edw. VI. chap. 12. 5 Edw. VI. chap. 11. Cooks 3. Inst p. .24 25 26. Deut. 17.6 Ex ore duorum vel trium peribit qui occidetur Deut. 17.6 Matth. 18.16 John 18.23 2 Cor. 13.1 Heb. 10.28 This is the most arbitrary and destroying liberty that ever was given to Judges And such as none but professed thieves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man and man How then can they end and determine a controversie without oath But the end of all controversies before this Butcher-row of Judges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses they may and I hear do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce
Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be out-lawed or exiled or any other ways destroyed Nor we shall not pass upon him but by a lawful Iudgment of his Peers or by the Law of the Land 2. We shall sell to no man nor deferr to any man Iustice or Right By the Stat. 42. Ed. III chap III. The Great Charter is commanded to be kept in all points and it is enacted That if any Stat. be made to the contrary That shall be holden for none By the Act 26 March 1650. entituled An Act for establishing An High Court of Iustice Power is given to this Court To Try Condemn and cause execution of death to be done upon the Freemen of England according as the Major number of any 12. of the Members thereof shall judge to appertain to Justice And therupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Justice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap of Magna Charta it had bin also enacted That Iustice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3. Car. upon premising That contrary to the Great Charter Trials and Executions had bin had and done against the Subjects by Commissions Martial c. it was therby prayed and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent hereupon Humbly observeth and affirmeth That this Court is though under a dâ—fferent stile in nature and in the Proceedings therby directed the same with a Commission Martial The Freemen thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courts of Commissioners Martiall was practised and was agreeable to their constitution And consequently against the Petition of Right in which he and all the Freemen of England if it be granted there be any such hath and have Right and Interest he humbly claimes his right accordingly By the Declarations of this Parliament Dec. and Jan. 17. 1641. The benefit of the Laws and the ordinary course of Justice are the Subjects Birthright By the Declaration 12. July 6. 1. Octob. 1642. The Prosecution of the Laws and due administration of Iustice are owned to be the justifying cause of the War and the end of the Parliaments affaires managed by their Swords and Counsels and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Justice in the ordinary Courts By the Ordinance or Votes of Non-addresses Jan. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Iustice in the ordinary Courts thereof * * Th y forget the 2. Declarations 9. Febr. 17. March 1648. And therfore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the publique Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by vertue of Magna Charta The Petition of Right and the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Justice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shall be Necessary In all humblenesse for the present Answer offereth to this Honourable Court. That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in case of Treason For that 1. The said Court is not constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon the Record and but upon Record cannot at all have that account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought until Acquital against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by Presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 49. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darlâ—is Case 4. Rep. 43. EliZ. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. IV. chap. 1. Diers Reports fol. 121. The year book of Eâ—â— IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are therby punishable the injured and betrayed not vindicable Which are defects incompatible with a Court of Iustice and inconsistent with Iustice it self and the honor of a Christian Nation and Common wealth 2. The Members of this Court are by the said Act directed to be sworn 1. Not in conspectu populi For the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and
examine the Leases that have been made and the fines that have been paid thereupon and how disposed and by what authority with power to give reliefe and allowance to the said poor Knights and other poor people not exceeding their former allowance Oh take heed of too much charity and also to take a Catalogue of all Hospitalls within this Common-wealth and the revenewes of them they are sure to mind that And that the Masters and Governours do return to this Committee the constitution of the respective hospitalls and how the profits thereof have been and are disposed of and by what authority before the first of December 1659. And to report the whole matter to the house Ordered That all Masters and Governours of hospitalls be and are hereby prohibited to grant or renew any Leases of any Lands Tenements and hereditaments belonging unto any of the said respective hospitalls untill this house take further Order Notice of which is to be given to the respective concerned persons by the Councill of State See here how greedy is the zeal of these devouring Statists which yet is clothed in the garbe of a seeming Sanctimonious care but this hypocrisie must not go long unpunished neither does it for now begins to appear the result of Lamberts designments abroad in a remonstrative address from the Army at the very first newes whereof the Parliament is so startled that fearing to be whipped with their own rod they ordered Col. Ashfield Col. Cobbet and Lieutenant Col. Duckenfield Armies remonstrate the Juncto send for â—ome Officers three of the chief promoters of it to bring to them the original paper intended to be presented upon notice of which order given immediately a letter was delivered into the house signed by many persons of the Army superscribed to the said three summoned persons by whose hands they desired the inclosed paper might be presented to the Lord Fleetwood and after to the generall Councill which inclosed paper was intituled to the supream authority of these Nations the Parliament of the Common-wealth of England The humble Petition and proposalls of the Officers under the Command of the Right Honourable the Lord Lambert in the late Northern expedition the manner and method of which paper the Juncto so highly resented as supposing it to strike at their very root that they presentely voted That this house doth declare Observe this crack that to have any more Generall Officers in the Army than are already setled by Parliament is needless chargeable and dangerous to the Common-wealth Here was the first step to that division which afterwards grew into a flame but the Army Officers finding their design was not yet ripe enough by a dissembled acquiescency seemed to lay aside their proposalls by signifying to the Parliament that they would adhere to their authority in opposition to the common Enemy and that they would stand by them in the settlement of the Common-wealth against all disturbances whatsoever which lulled the Juncto into a kind of security the City also at this time seeming to claw them by an invitation to a Thanksgiving dinner whereat the field Officers of the Army were also to be present Thanksgiving dinner in the City so that now being in a manner rid of their fear they fall upon sequestring the Gentry about Sir George Booths business settle the Excise and revive the Assessements for the Militia using all their skill and power for amassing together the wealth of the Nation into their private purses concluding with the Epicureans ede lude bibe post mortem nulla voluptas so sottishly stupid were they grown in their high flown ambition But now least they should forget their duty the Officers of the Army present a new address requiring answer thereto Armies new address which made them take it into the several pieces wherein it was proposed wherein among other things to shew you the harmony that was then between them they give to their third proposall this answer Juncto angry there with Viz. The Parliament declares that every Member of the Army as free Men of England have a right of petitioning the Parliament but withall thinks fit to let them know that the Petitioners ought to be very carefull both in the manner and in the matter of what they desire that the way of promoting and presenting the same may be peaceable and the things petitioned for not tending to the disturbance of the Common-wealth nor to the dishonour of the Parliament And that it is the duty of petitioners to submit their desires to the Parliament and acquiesce in the judgment thereof By this Declaration they intended to curb the Wallingford party by teaching them manners and to know their distance but they being Men of another spirit and knowing they had the power of the sword in their own hands would not be so put off which the Juncto perceiving and beginning to grow jealous of their own safety and satisfyed that the Army could not subsist without money which is the Nerve of War to engage the People to themselves and to dis-inable the Officers from raising any money in case they should which they now much doubted interrupt them in their sitting they passed an Act against raising of monies upon the people without their consent in Parliament Part whereof take as followeth Be it enacted c. That all Orders Act against raising money without consent of Parliament makes the Souldiery mad Ordinances and Acts made by any single person and his Councill or both or either of them or otherwise or by any assembly or convention pretending to have Authority of Parliament from and after the 19th Day of April 1653. and before the 7th of May 1659. And which have not been or shall not be enacted allowed or confirmed by this present Parliament be and are hereby declared deemed taken and adjudged to be of no force and effect from and after the said seventh day of May 1659. And be it further enacted that no person or persons shall after the eleventh of October 1659. Assess Levy Collect gather or receive any Custom Impost Excise Assessment contribution Tax Tallage or any summe or summs of money or other imposition whatsoever upon the people of this Common-wealth without their consent in Parliament or as by law might have been done before the third of November 1640. And that every person offending contrary to this Act shall be and is hereby adjudged to be guilty of high Treason and shall forfeit and suffer as in case of high Treason When the Juncto had thrown abroad this killing thunderbolt to shew that they durst own the power which they yet conceived themselves Masters off they took into consideration a Letter dated October the 5th and signed by diverse Officers of the Army and directed to Col. Okey and also a printed paper called the humble representation and Petition of the Officers of the Army to the Parliament c. Upon the reading of which two
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
Annesley On several such men he bestowed great offices as Marquess of Ormond to be Lord Steward of His Honourable Houshold The Earl of Manchester Lord Chamberlain The Duke of Albemarle to be Master of the Horse and Knight of the Garter Sir Will. Morris one of the Secretaries of State which took up some time in which the Parliament according to the Kings desire proceeded in the Act of Oblivion which at last after many tedious and strong debates passed both Houses and on the _____ day of _____ in the Twelfth year of his Majesties Reign had his Royal assent and was confirmed wherein were excepted from pardon both as to Life and Estate Iohn Lisle VVilliam Say Sir Hardresse VValler Valentine VVauton Thomas Harrison Edward Whalley John Hewson VVilliam Goffe Cornelius Holland Thomas Chaloner John Carew John Jones Miles Corbet Henry Smith Gregory Clement Thomas VVogan William Heveningham Isaac Pennington Henry Martin Iohn Barkstead Gilbert Millington Edmund Ludlow Edmund Harvey Thomas Scot VVilliam Cauley John Downes Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne Sir Michael Livesey Robert Titchburn Owen Row Robert Lilburn Adrian Scroop Iohn Okey James Temple Peter Temple Daniel Blagrave Thomas VVayte John Cooke Andrew Broughton Edward Dendy VVilliam Hewlet Hugh Peters Francis Hacker and Daniel Axtell Who had sate in judgement on sentenced to death and did sign the instrument for the horrid murther and taking away the precious Life of our late Soveraign Lord King Charles the First of Glorious memory several of whom have by divers means in sundry places been taken and others have surrendred themselves according to a Proclamation of summons set out by the King for that purpose the persons that surrendred themselves were these Owen Row Augustine Garland Edmund Harvey Henry Smith Henry Marten Simon Meyne VVilliam Heveningham Isaac Pennington Sir Hardress Valler Robert Titchborn George Fleetwood James Temple Thomas VVayte Peter Temple Robert Lilburn Gilbert Millingon Vincent Potter Thomas VVogan and Iohn Downes And therefore though they be all attainted convicted of High Treason by the Law of the Land at a fair and legal Trial by a special Commission of Oyer and Terminer directed to several of the Judges learned in the Law and to divers other worthy and honourable persons yet they are not to suffer the pains of death but their executions are to be suspended until his Majesty by the advice and assent of the Lords and Commons in Parliament shall order the execution by Act of Parliament to be passed to that purpose The persons that have been taken were Thomas Harrison Adrian Scroop Iohn Carew Iohn Iones Francis Hacker Gregory Clement Thomas Scot Iohn Cooke Hugh Peters Daniel Axtel and VVilliam Heulet Thomas Harrison having received his Tryal and being condemned to be hanged drawn and quartered accordingly on Saturday betwixt nine and ten of the clock in the morning the thirteenth of October 1660 he was drawn upon a hurdle from Newgate to the place that is rayled in by Charing-cross where a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at White-hall the fatal place pitched upon by those infernal Regicides for the solemn murther of our late Soveraign Charles the first of glorious memory when he was half dead the common Hangman cut him down cut off his privy members before his eyes then burned his bowels severed his head from his body and divided his body into four quarters which were sent back upon the same sledge that carried it to the prison of Newgate from thence his head was brought and set on a pole at the South end of Westminster-hall looking toward the City of London but his Quarters are exposed to view as a publick example upon some of the Gates of the same City His pleading at his arraignment were nothing but treasonable and seditious speeches rather justifying the crime he had committed then any whit relenting and so he continued a desperate Schismatick to the Church of England to the last moment of his breath 2. John Carew was the next that followed who at the time of his tryal endevoured onely to justify the late Rump and their actings but that would not serve his turn for it was proved that he did consult and meet together with others how to put the King to death that he sate at the time of the sentence and signed the Warrant for execution so that the Jury found him guilty of compassing and imagining the Kings death for which he was also condemned to be hanged drawn and quartered c. which sentence on Monday the fifteenth of October in the morning was put in execution on the body of the said Carew his Quarters being likewise carried back on the Hurdle to Newgate but such was the goodness of his Majesty that upon the humble intercession of his friends he was graciously pleased to give them his body to be buried though his execrable treasons had merited the contrary 3 4. The next in order were Mr. John Coke the Solicitor and Mr. Hugh Peters that Carnal Prophet and Jesuitical Chaplain to the trayterous High Court upon Cooke's Trial it was proved against him that he examined witnesses against the King that he was at the drawing of the Charge that he exhibited it in the name of the Commons assembled in Parliament and the good people of England that this Charge was of High Treason that he complained of delayes prayed that the Charge might be taken pro Confesso and at last that it was not so much he as innocent blood that demanded Justice and that notwithstanding all this he acknowledged the King to be a gracious and wise King upon which the Jury found him guilty 2. Then Peters was set to the Bar against whom was proved that he did at five several places consult about the Kings death at Windsor at Ware in Coleman-street in the Painted Chamber and in Bradshaw's house that he compared the King to Barrabas and preached to binde their Kings in chaines c. That he had been in New England that he came thence to destroy the King and foment war that he had been in arms and called the day of his Majesties Tryal a glorious day resembling the judging of the world by the Saints that he prayed for it in the Painted Chamber preached for it at White-hall St. James's Chappel St. Sepulchres and other places upon which proofes the Jury finding him guilty also of compassing and imagining the Kings death the Court sentenced them viz. Cooke and Peters both to be led back to the place from whence they came and from thence to be drawn upon a Hurdle to the place of execution c. On Tuesday following being the sixteenth of October they were drawn upon two Hurles to the rayled place near Charing-cross and executed in the same manner as the former and their Quarters returned to the place whence they came since which the head of Iohn Cooke is set on a Pole on the
to bring in an Ordinance of Accommodation which was suddenly done and passed and is now printed at the latter end of the said menacing Remonstrance of the Army a Child fit to wait upon such a Mother 42. Debate in passing the Ordinance of null and void Thus was this Ordinance of null and void gotten which hath been the cause of so much danger and trouble to multitudes of people by the Lords reiterated breaches upon the Privileges of the House of Commons The engaged parties threats within dores The Armies thundring Letters and Remonstrance Their Guards upon their doors and a Regiment or two of Horse in Hide Park ready to make impressions upon the House in case things had not gone to their minds diverse of whose Commanders walking in the Hall enquired often how things went protesting they would pull them forth by the Ears if they did not give speedy satisfaction Thus for the manner of passing that Ordinance The matter of Argument used against it was as far as I can hear to the purpose following It was alleged that the Force upon Monday 26. July ended that day that the next day being Tuesday the House met quietly and adjourned that upon Friday following the Houses sate quietly all day and gave their Votes freely and so forward the City having sufficiently provided for their security that the transient force upon Monday could have no influence on the Houses for time to come That the Supreme power of no Nation can avoid their own Acts by pretended force this would make the Common people the Jurors and Judges to question all Acts done in Parliament since one man can and may judge of force as well as another this were to bring the Records of the House into dispute Magna Charta was never gotten nor confirmed but by Force Force was three-fold upon one or both Houses or upon the King in giving his Royal assent neither could plead it the Parliament is presumed to consist of such men as dare lay down their lives for their Country When the King came with force to demand the 5. Members When the City came down crying for justice against the Earl of Stafford When the Women came down crying for Peace When the Reformadoes came down in a much more dangerous Tumult than this of the unarmed Apprentices yet the Houses continued sitting and acting and none of their Acts were nullified That to make their Acts Orders and Ordinances void ab initio would draw many thousand men who had acted under them into danger of their lives and fortunes who had no Authority to dispute the validity of our Votes we must therefore give them power to dispute our Acts hereafter upon matter of fact for to tie men to unlimited and undisputable obedience to our Votes and yet to punish them for obeying whensoever we shall please to declare our acts void ab initio is contrary to all reason If to act upon such Ordinances were criminal it was more criminal in those that made them And who shall be Judges of those that made them not the Members that went to the Army They are parties pre-ingaged to live and die with the Army and have approved the Armies Declaration calling those that sate a few Lords and Gentlemen and no Parliament They have joyned with a power out of the Houses to give a Law to and put an engagement upon both Houses a president never heard of before of most dangerous consequence it takes away the liberty of giving I and No freely being the very life of Parliaments If all done under an actual force be void it it questionable whether all hath been done this four or five years be not void and whether his Majesties Royal assent to some good Bils passed this Parliament may not be said to have been extorted by force If the Kings partie prevail they will declare this Parliament void upon the ground your selves have laid Fabian's History 1. Hen. 7. that King urged the Parliament to make void ab initio all Acts passed Rich. 3. which they refused upon this ground that then they should make all that had acted in obedience to them liable to punishment only they repealed those Acts. The debate upon this Ordinance of Null and Void held from Monday 9. of Aug. to the 20. Aug. when it was passed but not without some interloaping debates of something a different nature yet all looking the same way occasioned by Messages from the Lords 43. The Lords Message to the Commons to approve the Declaration of the Army Namely once upon a Message from them The said Declaration from Sir Thomas Fairfax and his Army concerning their advance to London was read and debated in grosse whether the Commons should concur with the Lords in approving it But almost all but the ingaged party and their pensioners distasted it it was laid by without any question put lest it should prove dangerous to put a Negative upon their Masters of the Army Yet many menaces according to custome were used by the engaged party to get it passed Haslerigge affirming that those Gentlemen that sate and voted for a Committee of safety and the Kings comming to London 44. The Committee of safety did drive on the design of the City Protestation and Engagement To which was answered That the Committee of safety was not then newly erected by those which sate but of the old Committee revived by that Vote which had been long since erected in a full and free Parliament when the Army first mutined and threatned to march to London and for the same ends defence of Parliament and City and for the Kings coming to London it was Voted onely to get him out of the power of the Army as formerly in a full and free Parliament he had been Voted to Richmond for the same reason Upon another Message from the Lords 45. A Committee to Examine the Tumult the Commons concurred in an Ordinance to erect a Committee of Examination to inquire into and examine the City Petition Engagement and the force upon the Houses 26. July all endeavours to raise any forces c. This Committee consisted of 22. Commons besides Lords almost all of them Members engaged with the Army but because there were some three or four Presbyterians gotten in amongst them to shut these Canaanites forth that the Godly 46. A Sub-committee of secrecy selected to examine the Tumult the true seed of Israel might shuffle the cards according to their own mind the 13. August after upon another Message from the Lords there was a Sub-Committee of Secrecy named out of this Grand Committee of Examinations to examine upon Oath the persons were the Earl of Denbigh and Mulgrave Lord Gray of Wark Lord Howard of Escrig Sir Arthur Haslerigge Mr. Solicitor Gourdon Miles Corbet Alderman Penington Allen Edwards Col. Ven or any three of them all persons engaged to live and die with the Army and now appointed to make a clandestine
should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
their safety they must have recourse to the Law of Nature and Act in their Militia without the Houses in order to Self-defence allowable by all Laws and practised by this very Parliament against the King and by Fairfax's Army against this Parliament The Prayers of his Speech were three 1. That Skippon's Listed men might be under the Militia of the City 2. That the expired Ordinance for Listing Forces might be revived 3. That the Militias of Westminster Southwark and the Hamlets might be united with the City as formerly To this clause of having recourse to the Law of Nature for Self-defence great exceptions were taken in the debate of the House by the two Ashes Ven Harvy Scot Weaver and other of the Godly pack That the Parliament having fought with the King for the Militia and having got it by the Sword any other Interest upon any title whatsoever should dare to lay claim to any part of it You see these Lyons of the Tribe will allow no Beasts of different kind to share with them in their prey although they did sweat and bleed with them in the hunting and catching it The Grandees may as well say they have conquered our Laws and Liberties for as I have in my General Conclusion cited they say That they fought with the King for his Negative Voice and Legislative Power and that God hath by the Verdict of the Sword given judgement for them and yet when the King claimed them by a better and more legal Title than the Sword they could object the equity of the Laws against the killing letter of them which they say directs still to the equitable sense of all Laws as dispencing with the very letter thereof as being supreme to it when safety and preservation is concerned and alleging That all Authority is seated fundamentally in the Office and but ministerially in the persons and that it is no resisting of Magistracy to side with the just Principles of Nature See the Declaration and Papers of the Army p. 39. 40. and the Ectact Collect. p. 150. alibi passim In conclusion after a tedious debate the desires of the Citizens were referred to a Committee of the House to be wyer-drawn into an Ordinance That all Forces raised and to be raised in the City of London and the Liberties thereof should be subject to the Militia of London whereof Skippon is a Member and under the Command of Major General Skippon When this Ordinance will be perfected what the sense and meaning of this Riddle is and what dangers may befall the City if Colchester be taken or the Scots beaten before they have leave to put themselves into a posture of defence God knows It was farther referred to bring in an Ordinance for uniting the aforesaid Militias You see how jealous they are of late of the Militia since the Grandees entertained new Principles and new designs In the Propositions presented to the King at Newcastle the Proposition for the Militia hath this proviso Provided that the City of London shall have and enjoy all their Rights Liberties Franchises and Customs and Usages in raising and employing the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of this Act or Proposition to the end that City may be fully assured it is not in the intention of the Parl. to take from them any Privileges or Immunities in raising and disposing of their Forces which they have or might have used or enjoyed heretofore This is a clear confession that by the antient Customs and Usages of the City they have Right to their own Militia or else this Proviso were vain howsoever the learned Counsel of the City fool them The like proviso word for word is contained in the Proposition for the Militia of Hampton Court saving that the last clause That the City may be assured the Parliament hath no intention to take from them any Privileges c. is omitted I think to please the Army and their engaged party See the Letters Papers Transactions of the English Commissioners in Scotland with the Scots c. p. 58. Wednesday 16 August The Kings said Letter was read 132. The Lords Votes upon the Kings Letter debated in the House of Cmmons and the Lords Votes thereupon first after some little opposition the Commons concurred with the Lords in recalling the 4 Votes for making and receiving no Addresses to or from the King thereby 1. Absolving him from a kind of Parliamentary Excommunication 2. Restoring to all Free-born Subjects the Liberty they are born to of presenting their humble desires to his Majesty and performing the duties of their Allegiance and Oath And 3. Reducing themselves unto that scope and end for which only the Writ summons them as a Parliament viz. To Treat with the King The second Vote was To recall the Instructions of Parliament given to Hammond how to carry himself in his Charge towards the King His Servants and all Resorters to Him c. This was laid by to be debated in the last place after all the rest of the Lords Votes The third Vote read was That such men of all professions as the King should send for as of necessary use to Him in the Treaty may be admitted to wait on him and that He might be in the same state of Freedom He was in when He was last at Hampton-Court This Vote instead of concurring with the Lords was divided The first part after many objections to it was moulded into this following question and carried in the affirmative that His Majesty might send for men of all professions and he being desired first to send a List of their Names to the Parl. and nominating no Person excepted out of Pardon none that have been in Actual War against the Parliament nor any man that is under restraint of the Parliament The latter part of this Vote for enjoying such Freedom as he was in at Hampton-Court was diversly argued for the Ambiguousnesse of it the question being Whether such freedom as the Parliament allowed him or such freedom as the Army for their own ends gave him de facto were intended at last the question was agreed to be in Terminis The fourth Vote was that the Scots should be invited to the treaty this likewise was doubtfully argued 1. Whether they should be invited by the Parliament considering they had broken the large treaty National Covenant and Union by surprizing and Garrisoning Barwick and Carlisle and by entring England with an Army This was carried in the Negative The 2. Debate was Whether it should be left to the King to invite the Scots to send some persons authorized to treat upon such Propositions as they should make for the Interest of Scotland only This likewise was opposed for the reasons aforesaid and because the Power and Authority of Scotland was now in the hands of
say farther that other things of main importance for the good of this Kingdom are in Proposition c. which yet before the end of this Session they hope may receive some progresse and perfection As the establishing and ordering the Kings Revenue c. The Regulating of Courts of Justice and the abridging both the delaies and Charges of Law Sutes c. Preventing the exportation of Gold and Silver and the inequality of Exchanges between this and other Kingdoms improving the Herring fishing upon our Coasts c. which things in all their Propositions and Addresses to the King have not been once mentioned nor any thing else but what makes for the profit preferment and power of a few ambitious Grandees of the Parliament and Army in order to which they demand the Militia of a standing Army with an arbitrary power to raise what Forces by Land and Sea consisting of what persons and to raise what sums of Money out of every mans Estate they please which power the King hath not to give neither did He nor His Ancestors ever exercise the only Militia they used having been either the Posse Commitatus under the Sheriffs which is very legal and antient or the Militia of Trained Bands under Lord Lieutenants and their Deputy Lieutenants which is a new invention Nor did the policy of our Law ever trust the power of the Sword and the Purse in one hand for fear of enslaving the People Ex. Col. p. 19. They farther declare That it is far from their purpose or desire to let loose the Golden reins of Discipline and Government in the Church to have private persons or particular Congregations to take up what form of Divine Service they please because they hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn Ex. Col. p. 203. They farther say there That the gracious favour His Majesty expressed in the Bill for continuance of this Parliament and the advantage and security which they thereby have from being Dissolved shall not encourage them to do any thing which otherwise had not been fit to have been done Ex. Col. p. 281. They conclude the said Declaration thus That they doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion The Kings just Prerogatives The Laws and Liberties of the Land and the Privileges of Parliament in which indeavours by the Grace of God they would still persist though they should perish in the work Ex. Col. p. 376. In their Declaration 4. June 1642. The Lords and Commons do declare That the Design of their Propositions for Plate and Money is To maintain the Protestant Religion the King's Authority and Person in his Royal Dignity The free Course of Justice The Laws of the Land what then becomes of Martial Law and Committee Law The Peace of the Kingdom and Privileges of Parliament In their Propositions for bringing in Money and Plate Ex. Col. p. 340. 10. June 1642. the Lords and Commons declare That no mans affections shall be measured according to the proportion of his offer so that he express his good will to the Service in any proportion whatsoever that is so that he ingage with them yet notwithstanding the 29. Novemb following Ex. Col. p. 765. the same Lords and Commons appointed a Committee of 6. persons who should have power to Assess all such persons as were of ability and had not Contributed and such as had Contributed yet not according to their ability which is now looked upon as a Malignancy to pay such sums of Money according to their Estates as the Assessors or any of them should think fit so as the same exceeded not the 20. part of their Estates The power is still exercised by all Country Committees to a 5. and 20. part charged upon all men even such as have been destroyed and undon or laid forth themselves beyond their abilities for their service to this Parliament In the National Covenant taken by this Parliament and by them imposed upon the Kingdom to be taken with hands lifted up to the most High God the Lords and Commons vow To maintain the King's Person Crown and Dignity in Defence of Religion Laws and Liberties c. To suppress all Errors Heresies Blasphemies and Schisms and to defend one another mutually in the same work with their lives and fortunes yet is the same Covenant now cast aside and called An Almanack out of date Many men have been punished for attempting to keep it And I hear the House of Commons are now upon passing an Ordinance for Martial Law to be executed in London upon all such persons as having taken the said Covenant shall attempt or design any thing against the Parliament or City of London what is this but to impose a special penalty upon such as have taken the Covenant and leave those that have not taken it free And who doubts but that the said Council of War shall consist of Anti-monarchical Schismaticks and Anti-covenanters for the most part who shall stretch every word to the utmost extent And this is now in brewing contrary to the Petition of Right 3. Caroli Magna Charta no considerable enemy being in the Field and the Courts of Justice in Westminster hall sitting nay I hear like Janus Bifrons this Law if I do not mis-call it looks backwards to Acts past as well as forward contrary to the nature of all Laws which have an admonishing power to warn men of the evil to come before they can have a punishing power for evils passed Therefore the Apostle saith Sin is a breach of a Commandement or Law I had not known Sin but by the Law The Law therefore must be previous to the Sin How the said Promises and Covenant and many more have been kept let the world judge What the Promises Undertakings and Proposals of the Army have been in order to setling the peace of the people of this Kingdom and of the King 's just Rights and Prerogatives and their own Disbanding are to be found in their many printed Papers which I will here omit because they had no lawfull calling or warrant for such undertakings and how they have been prosecuted and perfomed is obvious to every capacity General Conclusion Out of these Premises I shall draw these Conclusions following 1. The Grandees have subverted the fundamental Government of the Kingdom and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the Mysteries and secrets of Government both by Kings and Parliaments before the vulgar like Pearl before Swine and have taught both the Souldiery and People to look so far into them as to ravel back all Governments to the first principles of nature He that shakes Fundamentals means to take down the Fabrick Nor have
they fell through pride and ambition as most conceive became the very foulest Devils in Hell so the most resplendent seeming hypocriticall Saints when they fall through the like sins and have power in their hands become the most incarnate Devils and Monsters of treachery and tyranny upon earth exceeding Turks and Pagans therein of which we have now sad experience in our Army-Saints who every day aggravate and yet justifie their impieties and exorbitances 2 Chron. 28.11 Now hear me therefore and deliver the Captives again which ye have taken Captives of your Brethren for the fierce wrath of God is upon you Will Pryn. 64. Another forg'd Letter endeavoured to be fastned upon Sheriff Brown The Saints having nothing to say against Major Gen. Brown unless they should accuse him for being true to King Parliament City and Kingdom and to all the first declared Principles of this Parliament fell to their old trick to fasten another counterfeit Letter upon him wherefore a Man coming to S. Jame's where he was then imprisoned desired in the hearing of all present to speak with him in private Major Gen. Brown told him He was not for private conference and bade him speak openly then the Fellow presented a Letter to him saying It was from the Prince but Major Gen. Brown remembring the like trick put upon him before called for the Guard to apprehend him when presently the Messenger threw the Letters into the fire and the Marshall catching them out halfe burnt affirmeth He saw Charles Prince written upon them Sanctified eyes may see through the spectacles of their own fantasie what they please to accomplish their Design and therefore they have a new principle or light which as the 7. May be added to the aforesaid 6. that though they have no proofs nor evidence against a man yet if in their consciences they think him guilty they may condemn him upon the testimony of their own consciences this is to condemn by Revelation such whose bloud they desire to suck This supposed Messenger from the Prince was seized by the Guard but no proceedings against him heard of which argues it was but a snare set to catch the Major About this time to second this device a man gallantly clothed and mounted comes to the Beare in the Strand 65. Another more general forgery to endanger whom the Faction please It will be proved that divers Witnesses have bin practised and tampered with against Mr. Brown and others gives the Hostler a Peece and bids him have a care of his Horse then goes into the City and the Plot being forelaid was taken there with Letters subscribed with the Princes name to divers Citizens and Members against whom they want matter of accusation I hear no more of this matter yet this is a device dormanâ— to be awakened hereafter if any shall oppose the present actings of the Army and their Parliament Cromwell Ireton and Hugh Peters have several times made it their errand to go into the City and visit the Ministers giving them threatning Admonitions not to preach any thing against the Actings of the Army and their Parliament 66. London-Ministers threatned See the Ministers of Londons Letter to the General called A serious Representation Dated Jan. 18. 1648. But Hugh acted his part above them all he took some Musketiers with him to the house of Mr. Calamy and knocking at the door a Maid asked whom he would speak with he told her with her Master she asked his name he replied Mr Hugh Peters the Maid going up the stairs to acquaint her Master who was above-stairs in conference with some 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 General to warne him to come before him Mr. Calamy leaving Peters vapouring and canting Religion and non-sense to the rest of the Divines slipt down staires and went to the General to know his pleasure telling him He had bin summoned before him by Hugh Peters the General said Peters was a Knave and had no such directions from him Since this 67. The C. of War consider how to shut up the Churches doors the Council of Warr finding it difficult to stop the Ministers mouths have sundry times debated How to shut up the Churches doors in the City for Reformation of the Church and propagation of the Gospel they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES and threaten to try 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 Câ—mmons for their concurrence Jan. 9. The Lords sate again and passed some Ordinances which they sent down to the Commons for their concurrence to feel their pulse wâ—ether they would vouchsafe to take so much notice of them the Commons laid them aside after some expresâ—ions of disdain 69. Sergeant Dandy proclaimeth the sitting of the new H Court of Justice This day Sergeant Dandie Sergeant at Arms to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder and some Officers attending him all bare and 6. Trumpeters on horsback before him Guards of Horse and Foot attending in both the Palace-yards the 6. Trumpeters sounded on horseback in the middle of the Hall and 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 tomorrow 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 Great Seal voted to be broken This day the remainder of the House voted their Great Seal to be broken in order to the making of a new one justly putting the same affront upon their own Seal which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Junto 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 speak his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onelie under
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl 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 lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. 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 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members 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 Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws 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. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern 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 loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation They declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. R. 2. n. 1. 2. R. 2. n. 1. 3. R. 2. n. 1. 4. R. 2. n. 1. 5. R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. H. 4. n. 28. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. Sec 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39. H. 6 c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2 dorso clauso 6. E. 3. m. 4. 6. E. apud Westm. Parl. 2. n. 1. 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reign without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Jan. 1648. with much ado got printed their Vindication against the Aspersion cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament and to this end they stand commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemn Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of
all the Parliaments Declarations and 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 Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered 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 Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country 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 own 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 four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent 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 Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn 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 therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January 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 return 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 concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and 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 Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike 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 Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom 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 try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq 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 Dennis 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. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 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 and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 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 civil 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. February 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 Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains 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 Prodomus that Type and figure of him John 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 divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were 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. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation 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 ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe 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 dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured 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 * * 93. Hereabout I was stopt and not suffered to speak any more concerning 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 denyed 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 lye against the KING they all going in His Name and one of their Maxims is That the King can do 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 fundamental 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 self 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 speak 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 do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only 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 lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there 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 fundamental Lawes of this Kingdom 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 clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without 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 fit to be inflicted on them shall speak 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 and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
weather-cock John Goodwin of Coleman-sireet 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 John Besides I hear that for some nights a-Guard of Souldiers was kept within His Chamber who with talking clinking of Pots opening and shutting of the door and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering and amazing Him with want of sleep they might the easier bring Him to their bent 28. January being the last Sabbath the King kept in this life 90. A Paper-book 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-book with promise of Life and some shadow of Regality as I hear if He subscribed it It contained many particulars destructive to the fundamental Government Religion Lawes Liberties and 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 General and Officers with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they think 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 levied by the Army themselves and a Court-Martial of an exorbitant extent and latitude His Majesty as I hear read some few of the propositions and throwing them aside told them He would rather becom a Sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Commonwealth and the Honour of his Crown to so intolerable a bondage of an Armed faction 91. The Sâ—ile and Title of Custodes libertatis Angliae voted to be used in legal proceedings in stead of the styâ—e of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madness in an Act for better setling proceedings in Courts of Justice according to the present Government Dated 17. Feb. 1648. Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Anthority of the same that in all Courts of Law Justice and Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Processe and Proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. in stead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Teste or Title Custodes libertatis Angliae authoritate Parliamenti shall be used and no other and the Date of the year 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 Juratores pro Domino Rege they shall be Juratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publican All Judges Justices Ministers and 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 custom to the contrary notwithstanding Another device to mortifie the King c. The King lay in White-hall Saturday the day of his Sentence and Sunday night so near the place appointed for the separation of his Soul and Body that He might heare every stroak the Workmen gave upon the Scaffold where they wrought all night this is a new device to mortifie him but it would not do Tuesday 30. Jan. 1648. was the day appointed for the Kings Death He came on Foot from Saint James's to White-hall that morning His Majesty coming upon the Scaffold made a Speech to the People which could only be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts near it and from their Pennes only 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 clearly 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 Kingdom Souldiers Rebelling against their Master or Sovereign though they prevail cannot claim by Conquest because their quarrel was perfidious base and sinful from the beginning But I must first show 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 finde 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 Quarrel that you have that makes it unjust in the end that was just in the Beginning But if it be only 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 do 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 only a National Synod freely called freely debating amongst themselves must settle
disclose any thing in whole or in part directly or indirectly that shall be debated or resolved upon in the Councel without the command or direction of the Parliament or without the order or allowance of the major part of the Councel or of the major part of them that shall be present at such Debates or Resolutions In confirmation of the premises I have hereto subscribed my Name 117. The C. of War debate to massacre the Kings party See Will. Sedgwicks Iustice upon the Armies Remonstrance About this time it was debated at the Councel of Warre to Massacre and put to the Sword all the KING'S Party The Question put was carried in the Negative but by two Voices You see what Furies pursue these sinfull Wretches and what dangerous rocks they dash upon in order to that base and cowardly principle of Self-preservation The Army hath in every County of England packs of schismatical Beagles 118. Schismaticall Petitions for 2. or 3. principal Gentlemen in each County to be brought to justice whom they hollow on to hunt in full crie by Petitions to the House after the bloud of such whom they design for slaughter Many Petitions have been lately presented That two or three principall Gentlemen of the KING'S Party by name in each County might be sacrificed to Justice whereby the Land might be freed from bloud-guiltinesse Divers Merchants have contracted to send forth severall Ships for the next Summers Fleet at their own charge 119. Merchants arming Ships for this Summers Fleet. The Prodigious High Court of Justice was revived in order to the Trial of the Earle of Holland the Earle of Cambridge the Earle of Norwich the Lord Capel and Sir John Owens 120 The High Court of Justice revived the Commissioners were changed that they may engage as many men in arbitrary illegal tyranny and bloud-shed as they can Hamilton was exceedingly importuned by Cromwell who took a journey to Windsor purposely to name such Members of Parliament and Citizens as had any hand in calling him in 121. The History of Hamiltons imprisonment and death See digitus Dei upon Duke Hamilâ—on this he either could not or would not do he had in order to his own ambition first exasperated the Independent party against the KING and afterwards sought their ruine by engaging for the KING and he doubted that to undertake so odious an office as to play the Devils part and be an Accuser of his Brethren would but set a glosse upon the Independents intended severity against him Being brought to St. James's in order to his Tryall Cromwell hoping to traine him to a confession caused all his Creatures to carry a favourable countenance to him Bradshaw smoothed him up with soft language at the Barre the Lord Gray of Grooby Col. Wayte and Hugh Peters gave him hopes that they would not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notwithstanding Colonel Wayte when he made Report to the House of Commons how he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit who gives Peters thanks and money to boot for his late favour done him in Court Quaere What an accusation extorted for feare of death â—nd hope of life is worth Hamilton confessed at his death he had been much pressed yet had named no maâ— Argyle and knowing 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 still feeding him with hopes If he would Impeach their Opposites yet still he waved this offering them 100000 l. for his life and often inculcating what services he would do them in Scotland for which purpose he offered to joyn Interests with Argyle and be a Servant to their Party Messengers were posted into Scotland to know Argyles pleasure But he had been over-reached formerly by Hamilton and he was resolved to admit no Competitor which would have eclipsed his greatnesse and have made him not the sole Patron of Scotish Independency Besides the Kirk so farre hated Hamilton that they preached off his head in Scotland before it was cut off in England the High Court of Justice lingered long in expectation of an Answer at last such a one came as decried all reconciliation with Hamilton whereupon the scene was altered presently Bradshaw handled him roughly at the Bar Mar. 6. Those which smiled on him before frowned now being asked what he could say he pleaded Quarter and vouched Peters Testimony who with a brazen face renounced his former Testimony When Hamilton was upon the Scaffold divers Officers of the Army and Hugh Peters conversed familiary with him to the last and Messengers passed to and fro saying He now remembred no such matter but that the Army scorned to give quarter to him or any of his Nation whereupon he was condemned to the Block which Sentence was executed upon him March 9. yet they fed Hamilton with vaine hopes to the last gasp for fear he should give glory to God and throw shame and infamy upon themselves by a Christian confession of his Argyles and their mutual villanies besides such a Discovery would have made Argyle lesse serviceable to them in Scotland whose next designe is to cajole the Kirk 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 Lord Capel In opposition to whom I will 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 was re-taken by the treachery of a limping Water-man if I knew his Name I would bestow a blot of Inke upon him He pleaded for himself Articles of Surrender which were reall in him though not in Hamilton that divers that were in Colchester and in his condition had been admitted to compound and desired to be referred to Martial Law which being denyed He moved he might not be debarred of Additionall defence if he must be judged by the Common Law then he demanded the full benefit of that Declaration of the Commons 19. Feb. 1648. which Enacteth and Declareth That though King and Lords be laid aside yet all other the fundamental Laws 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 indempnity of all such as adhered to the present King in possessione also the exception in the Act of Attainder of Strafford and Canterbury which saies Their Cases shall not be used as a precedent against any man He desireth to see his jury and that they might see him and so might be Tryed by his Peers saying He did beleive no precedent could
fancy for their owne vindication and the Commons must Father the Bastard and set the stamp of their Authority and priviledge upon it least any man should confute it and beat back the Authors lies into their throats But this is no new invention for formerly when the Councel of Officers set forth their Answer to the House of Commons Demands concerning their secured Members Ireton penned this scandalous Answer of the said Officers Cromwell and Ireton caused their Journey-men of that Conventicle to Vote That the House did approve the matter of the said Answer therby owning all the grosse lies therin contained to deterre the imprisoned Members from replying to it and so by a tacite confession to acknowledge themselves guilty About this time appeared out of the East a New 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 Now the Jewes Professed Enemies to Christ which Mahomet is not are accepted of it is beleived that their Thalmude and Caball will shortly be made English too that this Island may be rendred 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 wind every breath of pretended Inspiration as the antient Arabians were May 1. 1649. The frighted Conventicle of Commons considered of an Act forsooth to fortifie themselves and their usurpations with a Scar-crow of new-declared Treasons 157. New-declared Treasons to defend tyranny and usurpation and ensnare the People to the purpose following 1. If any man shall malitiously this is a word of qualification a back-door to let out such as they shall think fit Affirme the present Government to be tyrannical 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 Councel 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 Quere whether Cromwell be Lieutenant Generall or no or to leavy Warre against the Parliament to joyne with any to invade England or Ireland counterfeit the Great Seale kill any Member of Parliament or Judge or Minister of Justice in their duty All these several cases to be Declared Treason You see the terrors of Caine pursue these guilty Cowards This Fools Bolt is chiefly aymed at the honest Levellers this Junto of Commons have made themselves legall Traytors already and would now make all the Kingdome legislative Traytors but I hope none of those that arrogate the Reverend Title of Judges of the Law although against Law will be so lawlesse as to give Sentence of Death upon any such illegal Act of the House of Commons nay this very Act denounceth slavery and bondage to the Nation and therefore is an Act of the highest tyranny and a snare 158. The Levellers Randezvouz in Oxfordshire May 6. 1649. The honest Levellers of the Army for that is the Nick-name which Cromwell falsly and unchristianly hath christned them withal Enemies to Arbitrary Government tyranny and oppression whether they finde it in the Government of one or many whether in a Councel of Officers a Councel of State or a fag end of a House of Commons whether it vaile it selfe with the Title of a Supreme Authority or a Legislative power drew together to a Randezvouz about Banbury in Oxfordshire to the number of 4000 or 5000. others resorting to them dayly from other parts This gave an Alarme to our Grandees fearing the downfall of their domination Cromwell not knowing what Party to draw out against them that would be stedfast to him shunned the danger and put his property the General upon it to oppose the Randezvouz and looking as wan as the guilles of a sick Turkey-cock marched forth himself Westward to intercept such as drew to the Randezvouz In the meane time the said Levellers printed and published this ensuing Paper entituled Englands Standard advanced or A Declaration from Mr. Will. Thompson and the oppressed People of this Nation now under his conduct in Oxfordshire Dated at their Randezvouz May 6. 1649. WHereas it is notorious to the whole world that neither the Faith of the Parliament nor yet the Faith of the Army formerly made to the people of this Nation in behalf of their Common Right Freedom and Safety hath bin at all observed or made good but both absolutely declined and broken and the people only served with bare words and faire promising Papers and left utterly destitute of all help or delivery And that this hath principally been by the prevalency and treachery of some eminent persons now domineering over the people is most evident The Solemn Engagement of the Army at New-market and Triploe-heaths by them destroyed the Councel of Agitators dissolved the blood of Warr shed in time of Peace Petitioners for Common Freedom suppressed by force of Arms and Petitioners abused and terrified the lawful Trial by 12. sworn men of the Neighbourhood subverted and denied bloody and tyrannical Courts called an High Court of Justice and a Council of State erected the power of the Sword advanced and set in the Seat of the Magistrates the Civil Lawes stopt and subverted and the Military Introduced even to the hostile seizure imprisonment triall sentence and execution of death upon divers of the Free people of this Nation leaving no visible Authority devolving all into a Factious Juncto and Councel of State usurping and assuming the name stamp and authority of Parliament to oppresse torment and vex the People whereby all the lives liberties and estates are all subdued to the Wills of those Men no Law no Justice no Right or Freedome no Case of Grievances no removal of unjust barbarous Taxes no regard to the cries and groans of the poore to be had while utter beggery and famine like a mighty terrent hath broken in upon us and already seized upon several parts of the Nation Wherefore through an inavoidable necessity no other meanes left under Heaven we are enforced to betake our selves to the Law of Nature to defend and preserve our selves and Native Rights and therefore are resolved as one Man even to the hazard and expence of our Lives and Fortunes to endeavour the Redemption of the Magistracy of England from under the force of the Sword to vindicate the Petition of Right to set the unjustly imprisoned free to relieve the poore and settle this Common-wealth upon the grounds of Common Right Freedome and Safety Be it therefore known to all the free people of England and to the whole world that chusing rather to die for Freedome then live as Slaves We are gathered and associated together
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon 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 and New Testament of Moses and Christ to so little purpose Yet the House 18. of 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 device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel 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 will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream 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 Liberty 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 and not otherwise for the Sword and the Purse 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 and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed 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 enslave us and they would set us free have brought us so far 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 drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait 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 stir up the People against their Authority is hereby declared Treason mark 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 Keeper of the Liberties of England or Councell of State shall 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 this Case of Lylburne 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 and Wives Brothers and 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 and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde 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 Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit 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 and 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 ju beo it shall be Treason be cause they will 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 and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw 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 Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
Lawyers in the Councel of State to do any thing effectual that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchical 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 Monarchical Lawes and all Lawes allowing more civil Liberty and Priviledges to the People and to several Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Dean and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoiled for sale of Dean 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 Councel of Officers they may as well buy dog-cheap and hold Deanes Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arrears at 5 s. and 6 s. in the pound though they are allowed the whole summ of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it down from ten years purchase to two or three years purchase They are not seen in the business themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humpâ—rey Edwards and Sir Greg. Norton who hath sold his own Land to purchase new upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remediless Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The General hath ordered the next Officer in chief to cause double damages to be given by the Souldier and if the said Officer neglect he is to answer it at a Councel of War 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 far off and the Councel of War will tire him with delays and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earl 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 Embassie 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 Martins Losses and Arreares referred to the consideration of a Committee If the Committee would know what Harry hath lost they must examine his Barber-Surgeon Rowland Wilsons Arrears and Losses and the L. Gray's Charges and Arreares to be considered and reported you see charity begins at home and the Members exercise it for the most part in their own House 194. The Councel of State authorized to grant Letters of Marque June 25. An Act passed to enable the Councel of State with absolute power to grant special and particular Letters of Marque or Reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councel of State to make War at Sea with all Princes and States at their discretion they have already so far decayed all the Trade of this Nation that ere long Traffique will be totally destroyed whereby our Sea-men with their Ships will be necessitated for want of employment to revolt to the PRINCE to prevent which inconvenience they will find work for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will amount to a General practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyratical War upon England as against a Den of Theeves and Robbers Common Enemies to Traffick and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatick Pyrats Captain Younge hath blown up with Gun-powder a Ship of the Princes called the Antilope 195. Cap. Yongue's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under the protection of the States of Holland whereby the Chamber of Holland and the honour of their Inland Sea is ravished from them By this and by some former actions of the like insolency as the firing upon their Ships and killing their men for not striking Sail to them you may see what good Neighbourhood the Dutch are like to have of their younger brother State when they are once setled and confirmed in their yet infant Government even the very same which the Carthaginians found after the new erected Commonwealth of Rome grew up to maturity which proved so dangerous a Competitor in point of power profit and honour as buried the more antient Free-State of Carthage in its Ruines Free-states especially Aristocracies are very quarrelsome with their Neighbours and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars and therefore seek occasions of quarrel with their Neighbours such was the whole Family of the Barchines at Carthage the Scipio's Fabii Camilli Crassi Pompeii Casares and many more at Rome Thus was Greece torn in pieces by its Free-states The Commons have bestowed St. Crosses Hospital upon Cooke for acting the part of an Attorney General against the late King It is fit every Judas should have his reward 196. More Gifts to the Godly the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner that the new-packed Court of Aldermen and Common-councel may not want Venyson to fill their Wives Bellies nor they Brow Antlers to hang their Hats on 197. Order 9. June 1649. referring all secured and secluded Members to be examined before a Committee The 9. June the Commons about 46 in number had passed an Order concerning their secured secluded and absented Members and referred all such as had not already entred their dissent to the Vote 5. Decem. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of June instant or else the House would take order for New Elections This was to bring the said Members 300 in number at least to the winnowing that they might admit such as were for their turn to recruit their thin House and expel the rest few repaired to them and of those very few were chosen the Speakers Son Sir John Treavor who hath a Monopoly of 1500 l. per
and leaving no Money to content the Generals remaining part of the Army the turning the odium of seizing and secluding the Members and Murdering the KING upon the General were not sufficient diminutions of the General and augmentations of his Lievtenant General The Welch Counties are set on work to desire Harry Martin for their Commander in Chief and the Western Garrisons the most considerable of England are to be taken from the General and put into the hands of Cromwel and his Party for his retreat from Ireland so that if all this do not enable him to ruine the General it will at least enable him to divide the Army and cantonize the Kingdome and turn the General into the dangers and troubles of the starving forlorn North Counties bordering upon Scotland And if Cromwel find Ireland too hard a bone for him it is thought he will endeavour to surprize the Isle of Man and from thence infest Scotland and Ireland 202. An Inquisition for blood an ingenious piece newly come to light About the 18. July 1649. was presented to the world an ingenious â—ce entituled An Inquisition for Blood to the Parliament instatu quo nunc And to the Army Regnante wherein the Author proves That the KING did not take the guilt of blood Himself by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight in these words viz. That he acknowledged that the two Houses of Parliamentâ— were necessitated to undertake a War in their own just and lawful Defence c. And that therefore all Oathes Declarations or other publique Instruments against the two Houses of Parliament or any for adhering to them c. be Declared null suppressed and forbidden His Majesty in yielding to this Grant had reference to two ends 1. To prepare the way to peace which without this had been hopeless 2. To secure and indempnifie the two Houses with all their Adherents and rid them from those despairing feares and jealousies which made them adversaries to Peace For the words of the Preamble they were not of His penning He was not Author of them but an Assentor to them nor was He or his Party accused or so much as mentioned in them He made this Concession sub stricta novacula when the Razor was as it were at his throat 1. An Army of 30000. Horse and Foot effective against Him 2. When He was endangered and tired out with a long and close Imprisonment 3. When many dangerous and menacing Petitions against His life had been encouraged and entertained so that the King may seem to have been necessitated to yield to this Grant for His own just and lawful defence His Majesty passed this Concession with these two Provisoes 1. That it should be of no validity until the whole Treaty were intirely consummated 2. That He might when he pleased enlarge and clear the truth with the reservedness of his meaning herein with publick Declarations Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocal Proposals 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 Lawes are condemned by many Lawyers and Polititians Est nihil frigidius Lege cum Prologe jubeo 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 Laws of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Laws least in account nor never had the force of Laws There 's not a syllable in this Preface which Repeals any former Law inflicting a Penalty upon such Subjects as bear or raise Arms 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 Quarrel Whereas the said Preface saith the two Houses were necessitated to make a War c. This may relate to a necessity à parte post not à parte ante self-defence is the universal Law of nature extending to all Creatures it is non scripta sed nata Lex By raising Tumults c. Therefore when the two Houses or rather a schismatical Party in them had brought upon themselves a necessity of Self-defence His Majesty was content to acknowledge that necessity If one man assault another 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 own defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriges Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civil Wars 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 unusual at the close of Civil Wars and the only 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 Laws to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and War 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 Blood upon His score my Author having cleared his way to his farther Inquisition after Blood proceeds and tells you Blew-Cap was the first that opened the Issue of Blood 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 clear him my Lord Macguire upon the Ladder and another upon the Scaffold did freely and clearly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Author winds up the causes thereof upon one bottom 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 unpolitick harsh Answer 3. They who took off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earl of Leicesters going into Ireland 4. They who hindered part of the disbanded Army of 8000. Men raised by the Earl of Strafford being Souldiers of Fortune
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors 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 blood of above 100000 Protestants who perished in that War 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 War kindled in England the Author confesseth it was a fatal 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 four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until 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 Counsellors 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 years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 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 freedome of Trade from Town to Town A cessation 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 aim 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 Chief 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 Crown and every thing that was personal 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 Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice 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. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes 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 illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm 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 Loans 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 Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock 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 actually dissolved above two months 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. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance 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 dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War 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 foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn 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 Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own 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 Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise 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 eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign 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 divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their Designs and the Ministers thereof but Hostlers to rub down curry and dress it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinations they pass these following Votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimcks Doctour Fairfax Doctour Cromwel and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetual Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Royal Assent any statute law custome or usage to the contrary notwithstanding they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Laws Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage war or to bear Arms against the Representative body of the People or Parliament is high Treason By the Law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Arms against this Parliament and is therefore guilty of all the blood shed this War and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Trial that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither Law president formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawful Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical faction Amongst whom were many low conditioned Mechanicks and Banquerouts whose Fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood they spilt The King the Fountain of Law Justice Mercy Honour War and Peace the Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and banks of the Sea had been overturned an impetuous inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. Chap. 2. Ascertaining Treasons and reducing them to a small number and leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience supremacy oblige us to be high treason these new acts of treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe pretended Acts. 1. To Disinherit his Children 2. To abolish Kingly Government for ever 3. To convert our ancient well-tempered Monarchy into that which they call a Common-wealth They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their faction onely are the people All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the people in general 4. They Constitute a Senate or Councel of State of 40 men amongst which some Trades-men Souldiers illiterate Lawyers Parliament-Members men already engaged over head and eares in sin therefore to be confided in to these
the witnesses face to face in open Court See Stat. 5 Ed. 6. chap. 11. Cooks 2. Inst pag. 26. and there swear them that the party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for clearing the Evidence And whether they be lawful witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for mis-informing the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull and mark out for slaughter some principal men and deny them the benefit of Law in order thereto as these Judges do to be tried by special Commission since the whole Kingdom is under the known laws and Courts established at Westminster It should seem by this Parliaments eager complaint against the special Commission of York this Parliament hath determined this question in the negative already whatsoever their present practise to carry on their Design is See Stat. 17. Car. 1. against the Star-Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this High Court of Injustice 5 Souldiers of the Army are appointed by the Act 26 March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but Civil Magistrates and Officers of the Law See Stat. 7 Ed. I. 2 Ed. III. chap. 3. 7. R. 2. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall swear well and faithfully to serve the King and people in the Office of Justice c. And that to what estate and condition they be come before you in the Sessions with force and arms against the peace against the Statute thereof made to disturb the Execution of the Common Laws or to menace the people that you arrest their bodies c. Stat. 18 Ed. 3. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in terms of indifferency nor doth any waies oblige them to the people 26. Mar. 1550. viz. You shall swear well and truly according to the best of your skill and knowledge to execute the several powers given you by this Act not well and lawfully to serve the people Besides they swear to execute the several powers given not to do Justice according to the Laws Now the Laws are the only rules of Justice by which we distinguish crooked from strait true from false right from wrong This is not the work these Judges are packed for but to execute Acts of power and will But powers are often usurped tyrannical illegal and unjust So are these Injuria est quod contra legem fit 7. How can the House of Commons if it were full and free constitute a new unpresidented Court of Justice nominate and ordain Judges and enable them to administer Oaths having never had nor so much as pretended to have any power to judge to nominate Judges or to administer an Oath as having never been more than the Grand Enquest of the Kingdom humbly to present to His Majesty in a petitionary way the grievances of the people Nemo dat quod non habet 8. Suppose the House of Commons had power of Judicature delegated to them from the people as their Representative Delegati non possunt substituere Delegatos Protestatam sibi concreditam in alios transferre Delegates cannot make subdelegates and transfer their trust to others See Col. Andrews 3. Answers given into this High Court for his defence Printed at the latter end hereof 2. My second consideration will be Of what Persons delegated or Commissioned this Court consisteth The pretended Act. 26. March 1650. names 25. Commissioners all which for their better credit it enacteth Esquires amongst whom are 4. or 5. that have professed the Law as farre as wearing a Lawyers Gown comes to but were better known by their leisure then by their Law untill by adhering to our prevailing Schismaticks in subverting our Laws they seem to be eminent Lawyers Of Keeble see the Triall of L. Collonel John Lilburn first and second Part. Steel cited expired Statutes at Winchester against Captain Burley The rest are for the most part poor ignorant Trades men some so young they are but lately out of their Apprentiships others Broken Trades-men that have compounded with their Crediturs some of vild and base professions One or two of these Wolvish Saints I hear have with some difficulty escaped the Gallowes for Man-slaying William Wibeard Esquier is a Rope-seller this employment may happily help him to the Hangmans Custom William Pemoier Esquire was heretofore an Ape-carrier Cherry-lickom or Mountredinctido Cook a Vintner at the Bear at the Bridge-foot he keeps a vaulting-School for our sanctified Grandees and their Ladies of the Game If the House of Commons had power to make Judges which I have disproved yet Ex quovis ligno non fit Mercurius They must name such Persons as may be competent Judges And therefore must not choose 1. Ignorant men 2. Nor such as the Law calls Viles Personas men base or contemptible for their Persons or Sordide callings Mechanicks of the lowest rank 3. Persons of Scandalous life and conversations 4. Not Banquerouts and Indigent Persons Necessitas cogit ad turpia 5. Not partiall and preingaged Persons chosen to suppresse another party As these Commissioners are engaged to the present power to suppresse all others 6. Nor such as Schismatically or Heretically affected are seasoned with such Doctrines and Principles as neither agree with the Duties of a good Christian a good Common-wealths man nor a good Judge Which two last Objections not only these Commissioners but the pretended Parliament that commissioned them are apparently guilty of as being all of the Independent Faction conspiring to rob and rout out all other Parties Royallists Presbyterians and Levellers For which purpose this New Tribunall or Inquisition is set up Independency being a meer complication and Syncretismus or rather a Sink and Common Sewer of all Errours Heresies Blasphemies and Schismes though they peevishly differ in some inconsiderable Tenents yet having one Generall End or scope at which they all chiefly aime viz. power preferment profit and the suppression of the Truth and Magistracy they have likewise some common principles to soader them together which they use as
these proceedings nor amongst such Judges and this rod of Iron is provided to bruise his Country as well as himself Lieutenant Collonel Lilbornes Trial hath taught them That it is an easier Matter for them to pack a Butcher-Rowe of confiding partiall Judges then a Jury who are liable to be challenged if suspected of partiality When Collonel Andrewes claimed to be tried legally as a Freeman by a Jury and vouched Great Charter and many other Statutes whereof see his aforesaid 3. Answers that sneaking Bloud-sucker illiterate Keeble answered Those Statutes were out of date now meaning They were taken away by conquest So that this Shamble Rowe of Judges take upon them to be both Judges of the Law without acknowledging the Fundamentall Lawes of the Land or taking any Oath of Indifferency to the People Triors of the Fact or Jurates of life and death without being sworn to find according to Evidence as well as Parties and Prosecutors Theeves upon the high way may as justly arraign a True man before them because he brought no more Mony in his purse offered to draw his sword and hid his mony about him in contempt of their Jurisdiction and Authority and condemn him upon such a Mock Triall and Mummery or Enterlude of Justice as these Fellows If they allow him Counsel his Counsel must apprehend the mindes of his Judges at his perill and not be so faithfull and diligent as to help his client in earnest Lest the Counsel of State or some other power whose will is a Law interpose and banish him 20. miles from London as they did Master Sprat Sir John Gells Solicitor before Sir Johns businesse was ended whereby Sir John was left destitute of meanes to follow his businesse himself being Close Prisoner If they permit any witnesse to speak on the prisoners part He comes at his perill Sir John Gells first witnesse was so baffled in Court that the rest stole away and durst not appear I have not heard whether they give any Copy of their Aricles of Impeachment to the Prisoner for they cover all their doings with such a Plaguy Egyptian Darknesse that we cannot see a glimpse of light or whether they go a Starre Chamber way and make him Answer Ore tenus and ex tempore for his life and Estate But if they give him any Copy or any time to answer it is not above four or five daies or a week nor do they allow him Counsell or any other Clearing of the way to his defence untill he have ensnared himself by owning their Jurisdiction and pleaded the Generall Plea Not Guilty If he pleade not an Issuable Plea and yield to their Jurisdiction quitting all benefit of the Law and Legall proceedings the Razor is at his throat they thirst after his Bloud and they presently sentence him guilty of contumacy and take it pro confesso And if he do submit and plead His plea will have the operation but of a Psalm of Mercy prolonging his life but for a short time in the interim Keeble and his Court plays with him as a Cat with a Mouse and then devours him For no man is sent to this Court to be Tried but to be condemned In hac arena dimicatur sine missione Herein they shew themselves much more Tyrannous and bloudy then the Duke D' Alva when he erected his said Counsel of Troubles called Concilium Sanguinis or the Bloudy conventicle as this will shortly be For saith Strada Declar. 1. lib. 7. Procurator reginus menses 4. Conficiendae Accusationi accipiens sibi 5. Concedebat ad Defensionem regis Egmontio Hornano c. The Kings Atturney took 4. Moneths time to draw up the charge or accusation and gave 5. Months time to the Respondents to make their defence And had he given less then 5. Moneths time To Instruct Counsel Pen their Answers produce and summon witesses inquire into the lives and conversation of their Accusors his feet had been swift to shed bloud Nulla unquam de morte hominis cunctatio longa est But our Inquisitors take whole yeares to themselves to hunt for Matter of Accusation and hire and engage witnesses against men kept in ignorance and want with close Imprisonment and allow not them so many daies to make their Defence All manner of Accusors and witnesses though apparently suborned and forsworn in the same cause and proofes without exceptions offered to the Court that they are of infamous life and conversation are in this Court the Object of whose desires are Bloud and Confiscations not Justice lawfull witnesses such witnesses were the said Bernard and Pits Monsters of men See Sir John Gells case stated Printed about August 1650. To cite any antient known Laws or Statutes or any other then their own new coined Acts passed by this 8th Parts of a House of Commons since they became elect Members chosen by Thomas Pride is to incur the High Indignation of the Court expressed abundantly in their words and looks But to put them in mind of the Parliaments many Declarations To maintain the antient known Laws Liberties and Properties of the People is to scandall the present Government and incur the Censure of that unknown Mysterious Crime which knaves call Malignancy The witnesses and Judges being thus irrefragable the first may swear what they will the second may judge what they will since they are left at large and have all things in scrinio pectoris and Book Law must give place to Bench Law The Jurisdiction and Authority of this New unparalled Court is such a Mistery of iniquity so unscrutable and unquestionable that if a Prisoner scruple in the least either it or any of the uncouth proceedings of it it is a Mortall Sinne to him and he is presently interrupted See the Trial of King Char. I. in the History of Independency 2. Part. pag. 91. c. and affronted both with disdainfull words and looks And told We are satisfied with our Authority that are your Judges So are Theeves upon the high way satisfied with their Authority that rob and murder us by Gods Providence and permission It is upon Gods Authority and the Kingdoms yet what they do is against the will of God revealed in his Scriptures and against the known established Lawes Statutes and continuall Practise of the Kingdom Which Authority commands you in the name of the People of England to answer them Yet at least 9. Parts of 10. of the People so much abhor these and other their Practises that every mans mouth speakes against them with bitter curses and reproaches to restrain which they have minted Acts of New Treasons to make men Offenders nay Traitors even for bare words and erected this bloudy illegall Theater The High Court so called for its High Injustice as a Spanish Inquisition over them and every mans hand would be about their eares did they not keep an Army of Janisaries to suppresse them Their Authority they do avow to the whole World that the whole Kingdom are
debere legibus interrogari nequeat qui jus aequum ferre non potest in eum vim haud injustam fore No man ought to advance himself above the powers of the Law he that will not submit to equal right if he be cut off by violence suffers no wrong but this is to be understood of the eminency and greatness of the person not of the greatness of the crime whereof no man is to be forejudged because a great crime may prove a great calumny until a legal trial have adjudged it But there is no person in England so eminent for power or Authority but that the least of Bradshaws Ban-dogs can drive him to the Slaughter-house make him offer his throat to Keeble Therefore Animadversio Gladii if at any time lawful is now unlawful To make great examples upon men of little power is great injustice But the way of this Court is not Animodversio per Gladium It is a Mocking a Counterfeiting an Adulterating and Alchimisting of Justice it is to falsifie her weights and ballance and steal her sword to commit Murder withall See Col. Andrews three Answers 6. By the known Laws Matter of fact is intrusted to the Jury matter of Law to the Judges to prevent all errours combinations and partiallities The Judges are sworn to do justice according to the Law the Jury are sworn to finde according to their evidence But in this high Court the Commissioners or Judges are all packed confiding men chosen by and out of one party to destroy all of a different party They usurp the office of Judges not being sworn to deal well and lawfully with the people as by the said Stat. 18 Ed. 3. nor to do justice according to the Law But only to execute powers given by the said Act 26. Mar. 1650. And they arrogate as Jury-men to be Triers of the Fact without being sworn to find according to evidence So that they are Judges Juries and parties for ease of their tender consciences without any Oath of Indifferency A most excellent Compendium of Oppression They may go to the Devil for injustice and not be forsworn Great is the priviledge of the godly 7. The prisoner may except against his Jurors either against the Array if the Sheriff or Bayly impannelling the Jury be not wholly disingaged and indifferent both to the cause and to the parties prosecuting and prosecuted or against the Poll he may challenge 35 peremptorily as many more as he can render legal cause of challenge for As for defect of estate or other abilities or for partiality Disaffection Engagement Infamy But this Array of Jury-men Judges a Medley so new we know not how to express it though picked and empannelled by an engaged remainder of the Commons and abnoxious to all exceptions must not be challenged their backs are too much galled to indure the least touch Take heed you scandal not the Court cries Mr. Atturney See Col. Andrews three Answers 8. Many exceptions in a legal Trial are allowed against Imperfections Vncertainties and Illegallities in the Bill of Endictment for the advantage of the Prisoner But no Exceptions are allowed against these illegal Articles of Impeachment which are made uncertain intricate and obscure and ambiguous purposely to puzle confound and entangle the Respondent 9. By the Law a bill of Endictment must have two full and clear lawful witnesses to every considerable Matter of Fact both at finding the Bill and at the Trial. Where there is but one witness it shall be tried by combate before the Earl Martial Cooke ibidem Cooks 3. Instit pag. 25 26. And Probationes debent esse luce clariores Proofs must be as clear as the Sun not grounded upon Inferences Presumptions Probabilities And the Prisoner must be Provablement Attaint saith the Stat. 25. Ed. 3. chap. 2. Cooks 3. Instit pag. 12. The word attainted shews he must be legally proceeded with not by absolute power as formerly had been used and as is now used by this bloody High Court But before these Slaughter-men of the High Court all manner of witnesses Legal or Illegal one or two sworn or not sworn or apparently forsworn and suborned and all proofs clear or not clear are sufficient The Prisoner is sent thither foredoomed and hath its deaths Mark his fate in his forehead 10. The said Act 26. March 1650. carries two faces under one hood and looks backwards as well as forwards To facts precedent as well as subsequent the said Act contrary to the nature of all Laws whose office is to prohibit it before it punish to warn before it strike Where St. Paul defineth Sin to be the breach of Commandement or Law I had not known Sin but by the Law The Law must therefore be precedent to the Offence But these Acts are not Laws to admonish but Lime-twigs and Traps to ensnare and catch men See Col. Andrews 3. Answers at the latter end of this book Fourthly and lastly I am to consider To what end and purpose this new invented High Court is constituted and appointed Concerning which see a Letter dated 6. June 1650. Stilo veteri from the Hague supposed to be Walter Stricklands the Parliaments Agent there as I finde it in Walter Frosts brief Relations of some affairs and transactions c. from Tuesday June 11. to June 18. 1650. wherein the Epistoler hath these words One piece of the cure viz. of the dangers that threaten your new State must be Phlebotomy but then you must begin before Decumbency and then it wil be facile to prevent danger c. they are here most of all afraid of your high Court of Justice which they doubt may much discourage their party they wish you would not renew the power thereof but let it expire then they think that after Michaelmas they may expect Assistance with you And indeed that Court is of almost as much use to you as an Army and will prevent the rising of as many Enemies as the other will destroy only you must be sure to execute Justice there with all severity A few of the first stirrers taken away by the power thereof without respect to cousin or Countrey will keep all the rest quiet But whosoever that Court condemns let them be as already dead c. But let them be most free in cutting the vena Coephalica that is the Presbyterian Party for the Basilica or Royal Party will be latent The Median or Levellers would be spared as much as may be that the body be not too much emaciated Besides the blood is most corrupt in the Coephalicks or Presbyterians and is the very causa continens of your disease You need not fear to take freely of this vein c. Here you see this State Mountebank gives you the use and application of this corrasive The High Shambles of Justice so fully that I shall not need to comment upon it And in the latter end of a Letter from Cromwel dated from Dunbar 4. Sept.
1650. as I find it in Politicus speaking of his new purchased victory over the Scots Cromwel saith God puts it more and more into your hands to improve your power viz. your absolute Authority we pray own his People more and more that is the Army they are the Chariots and Horsmen of Israel of the Kingdom of the Saints disown your selves but own your Authority which you enjoy under the Protection of the Army your Lords Paramount and improve it to Curb the Proud and Insolent c. That is all men of different opinions and parties from them that will not engage to be true and owe Allegiance to the Kingdom of the Saints and resign their Laws Liberties and properties to their lusts and wills That I have not misconstrued the contents of Cromwels mystical letter will appear by a Discourse in the same Politicus Numb 17. from Thursday Sept. 26. to Octob. 3. 1650. Where according to his custom delivering forth State-Oracles to the people He tels them in plain English That after the Confusions of a Civil War there is a necessity of some settlement and it cannot be imagined the Controversie being determined by the Sword that the Conquerours should submit to the conquered though more in number than themselves Nor are they obliged to settle the Government again according to the former Laws and Constitutions but may erect such a form as they themselves conceive most convenient for their own preservation For after a Civil War the written Laws viz. established Laws of the Nation are of no force but onely those which are not written And a little after the King having by Right of war lost his share and interest in Authority and power being conquered by Right of war the whole must needs reside in that part of the People which prevailed over him There being no middle power to make any claim and so the whole Right of Kingly Authority in England being by Military Decision resolved into the prevailing Party what Government soever it pleaseth them to erect is as valid de Jure as if it had the consent of the whole Body of the People That he should affirm That after a Civil War the Established Laws cease is so gross a piece of ignorance that there is hardly any History extant but confutes it After our Barons war and the Civil War between York and Lancaster Our Established Laws flourished so did they after the Norman Conquest How many Civil Wars in France have left their Laws untouched That of the Holy Leage lasted 40 years Belgia keeps her Laws maugre her intestine Wars What is now become of the Parliaments declared Supreme Power and Soveraign Lord the People the Original and Fountain of all just power are they not all here proclamed Ear-bored slaves for ever But I had thought that an Army of Mercenary Saints raised payed and commissioned by the Parliament to defend the Religion Laws Liberties and Properties of the people and the Kings Crown and Dignity according to the Protestation and Covenant and the Parliaments Declarations would not have made such carnal and hypocritical use of their Victories gotten by Gods providence and the peoples money as to destroy our known Laws Liberties and Properties and claim by Conquest and impose their own lusts for Laws vpon us thereby rendring themselves Rebels against their God their King and Countrey Nor was it ever the State of the Quarrel between the King and Parliament whose slaves the people should be Or whether we should have one King Governing by the known established Laws or 40 Tyrants Governing by their own lusts and arbitrary votes against our written Laws Nor can the success make n Conquest just unless the cause of the war were originally just and rhe prosecution thereof justly managed As 1. To vindicate a Just Claim and Title 2. Ad res repetendas To recover Damages wrongfully sustained 3. To repel an injury done to your self or to your Ally in league with you The ultimate end of these wicked endeavors is To establish and cement with the blood of their adversaries the Kingdom of the Brambles or Saints already founded in blood by cutting of all such by their said New Acts of Treason and High Court of Justice as will not bow their Necks to their Iron yoke Which appears more clearly in an Additional Act giving farther power to the said High Court dated 27. Aug. 1650. To hear and determine all Misprisions or Concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments And to inflict such punishments and award such execution as by the Laws and Statutes have been or may be inflicted This Law if I miscal it not considering how they have multiplied Treasons by their said 3 New Statutes 14. May 17 July 1649. and 26. March 1650. Whereby bare words without Act are made High Treason contrary to those well approved Statutes 25 Edw. 3. chap. 2. 1 Hen. 4. chap. 10. 1 Edw. 6. chap. 12. 1 Mariae chap. 1. Cook 3 Instit saith That words may make an Heretick not a Traitor Chap. High Treason And the Scripture denounceth a woe to him That maketh a man an Offender for a word is one of the cruelst and most generally dangerous and entrapping that ever was made For hereby all relations Husband and Wife Parents and Children Brothers and Sisters Masters and Servants are all injoyned to be informers against and accusers of one another which is to take upon them the Devils office and be Accusatores Fratrum for light and vain words spoken only in passion or ignorantly or else they fall into the jaws of this all-devouring Court from whence no more then from hell there is no redemption for Misprision of Treason the Penalty whereof is loss of liberty and lands for life and of goods for ever Who can imagine lesse hereby but that our Statists intend to raise a yearly revenue by this Court by Forfeitures and Confiscations and to erect an Office of Master of the States Forfeitures like Empsons and Dudleys in Hen. VII time aforesaid And so continue this Court 10. Decemb. 1650. A New Act passed for establish ng an High Court Justice in Nâ—â—folk Suffolk Huntington Camb idge Lincoln and the Islâ— of Ely c. And so by degrees this gangrene shall enlarge it self all the Kingdom over to weede out the Ancient Inhabitants Canaanites and Amalekites The said Additional Act 27. Aug. 1650. concludes That the said High Court shall not Examine Try or proceed against any person other then such as shall be first by name appoinâ—ed by the Parliament or Councel of State It should seem the Parliament and Councel of State supply the want of a Grand Inquest and their Appointment is in stead of a Bill of Enditement found and presented As Assuredly as the High Inquisition was erected in Spain by Ferdinando and Isabella to extirpate the Mahometan Moors And the said Councel of Blood in the Lowe Countreys by the Duke D' Alva
knowledge execute the severall powers given you by this Act. 1. If the Court be Triers and Iudges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as triers in the sight of the Freeman who shall be upon his Triall 2. And that as Iustices of Oyer and Terminer They being authorized to hear and determine by the words of the Act. They should take an oath such as is usual and equal set down E. III. Viz. You shall swear that well and lawfull you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemans life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust of Peace fol. 13. the words are I A. B. do swear that I will do equall Right c. according to my best wit canning and power after the Laws and Customes of the Land and the Statutes therof made c. 4. If the Court will be Iudges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signal difference with the verdict of a Iury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. Marh 1650. is not broken literally as to be exactable by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And prayes this his 2 Answer may be received with the Salvo's and registred Eusebius Andrews The third Answer of Coll. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and liberty of making further Answer if it shall be necessary in all humblenesse for present Answer offereth to this Honourable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peers men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peers c. 1. That it is his Right to be tried only so appears by Magna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erroneous So that if the Laws and Courts were not obstructed in the cases of some sort of Freemen of England the whole Proceedings contrary to these Laws without a Jury of his Peers were avoidable and reversible by Writ of Errour as appears by the Presidents vouched in the Respondents second Answer 3. That it is in the Courts power To try the Freeman consequently the Respondent by a Iury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is Authorised To hear and determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their natural constitution and practical execution do proceed against Freemen according to Law by a Iury of their Peers and not otherwise 2. Authorised to proceed to Trial condemnation and execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Iudgment it self To the Opinion of the major part of 12. and if they shall think fit to try by a Iury it will be no offence against the Act there being no Prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trials to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2 Seeing hearing and counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title challenge fol. 150. To challenge 35. without Reason shewed and with Reason shewn without Number adjudged 32. Hen. VI. in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Jac. Sir Walter Rawleigh and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163 164. Stat. 1. and 2. of Phil and Mary Chap 10 11. 1 Ed. VI. chap. 12. Cookes 3 Instit pag. 12. upon the words in the St. 25. Ed. III. chap 2. Provablement atteint Because the punishment was heavy the proof must be punctual and not upon Presumptions or Inferences or Streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the St. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Iury passeth from all or not at all in this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or Enditement 4. A Verdict passeth from a Iury before discharged upon their Affairs of business or supplies of Nature to prevent corruption by mony or power In this way of Trial a man may be heard to day and a Sentence given at leisure when the power and will of those by whom the Freeman
Justice or signed the Warrant for execution of any person there condemned Thus by the blessing of God I have waded through the many intricate Meanders and Revolutions untill at last I have as it were brought you by the hand to see that desperate Faction of Indepencency as one may say laid into its Grave all the heads thereof being so annihilated by the Iustice of the known Law of the Land that I hope its memory shall be raked up in such an Eternal forgetfulnesse that posterity seeing no foot-steps thereof shall conceive it to be a bare name a mere notion or aliquid non ens of which in nature there can be no subsistance An Appendix HOw far the Treasons of faction have reached and how high they durst soare is to be seen before I shall onely now in short give a hint how highly the Law of England resents such impious acts I say then the wisdome and foresight of the Laws of this Land in all cases of Treason maketh this judgement that the Subject that riseth or rebelleth in forcible to over-rule the royal will and power of the King intendeth to deprive the King both of Crown and Life and this is no mystery or quidity of the Common Law but an infallible conclusion drawn out of reason and experience for the Crown is not a ceremony or Garland but as Imperial consisteth of preheminence and power This made former Traytors in all their quarrels against their Princes not to strike down-right because God unto Lawful Kings did ever impart such beams of his own glory as Rebels never durst look straight upon them but ever turned their pretences against some about them this caused the Judges sometime to deliver their opinions for matter in Law upon two points The first that in case where a subject attempteth to put himself into such strength as the King shall not be able to resist him and to force and compel the King to govern otherwise then according to his own royal authority and direction it is manifest rebellion The second that in every Rebellion the Law intendeth as a consequent the compassing the death and deprivation of the King as foregoing that the rebel will never suffer that King to live or raign which might punish or take revenge of his treason And this is not onely the wisdome of the Laws of our own Kingdome but it is also the censure of forraign Laws the conclusion of common reason which is the ground of Law and the demonstrative assertion of experience which is the warranty of all reason For the first the Civil Law that saith Treason is nothing else but Crimen Laesae vel dimminutae Majestatis making every offence which abridgeth or hurteth the power and authority of the Prince as an insult or invading of the Crown and extorting the imperial Scepter And for common reason and experience they cry it is not possible that a Subject should once come to that height as to give law to his Soveraign but what with terror of his own guilt and what with the insolency of the change he will never permit the King if he can chuse to recover his authority nay or to live Experience further tells us and 't is confirmed by all stories and examples two notable ones we had formerly in our own Chronicles the first of Edw. the 2d who when he kept himself close for danger was summoned by proclamation to come and take upon him the Government but as soon as he presented himself was made prisoner next forced to resign and shortly after was tragically murthered in Berkly-Castle The other is of K. Rich. the second before whom the Duke of Hereford afterwards K. Hen. the 4th presented himself with three seemingly humble but indeed flattering reverences yet in the end both deposed him and put him to death but our own experience outvies all else in the Horrid murther of our late dread Soveraign which is related in the former parts the punishment whereof is fully related in this last part and therefore I shall no more thereof in this place You may have observed that the practice of our Regicides was after they had ruined the Gentry to advance their own kindred and allyes though never so insufficiently unworthy to the most profitable places of the Common wealth by which means all kind of exorbitances were committed without controul the Death of the King being attended with infinite oppressions as in such changes is usual which made Writers say that the Death of Caesar was no benefit to the Romans but rather brought greater Calamities on them they underwent befere as may be found in Aspian The success was the like when Nero fell for the next year that followed after his Death felt more oppression and spilt more blood then was shed in all those nine years wherein he had so tyrannically reigned So when the Athenians had expelled one Tyrant they brought in thirty and when the Romans expelled their King they did not put away the Tyranny but only change the Tyrants But such and so tender is the hand of heaven over us that he hath not only restored our Kings as at the first and all our Counsellors as at the beginning but brought us home our King so accomplished and pious that we must needs confesse with the Children of Israel because the Lord hath a delight in us therefore hath he made him King over us Oh then let us render without grudging unto Caesar the things that are Caesars acknowledge him as Gods immediate Vicegerent not prescribing him in what manner we will be ruled nor by what means But in all things with obedience and humility to submit to his command like Julian the Apostata's Soldiers who would not sacrifice at his words sed timendo potestatem contemnebant potestatem in fearing the power of God they regarded not the power of man yet when he led them against his enemies Subditi errant propter Dominum eternum etiam Domino Temporali I will conclude all with one word of Advice Since God hath so bettered our condition that our words are hardly able to express our happinesse to avoyd the danger of a relapse through a too carelesse security let circumspection moderation take away all bitternesse rather reflecting on the offences then the persons of any offenders so it may be those concerned will not be so desperate to proceed on further in their wicked courses but with speed retire and make some recompence to inâ—ured parties by their future provident endevours for the Common good And for these Loyal hearts who have borne the brunt of the storm both at home and abroad since God hath rescued them as brands out of the fire 't is hoped they will be nothing the more secure in their vigilant care of future occurrences having alwayes a provident eye for the timely prevention of such inconveniencies as might steal on them in their own or be intended against them from forrain parts That so the Throne of our Solomon may continue for ever and peace be upon our Israel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sed bene velle meretur veniam Cicero THE END ☞ There is now in the Press ready to come forth that so much desired Book intituled An Exact History of the Life and Actions of Hugh Peters As also his Diary Sold by H. Brome and H. Marsh c.
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 Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales 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 tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths 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 being of Parliaments for which Treasons Strafford and Canterbury though least 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 Burrroughs for which we serve do by this present Writing in our owne 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 do 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 tyrannical and pernitious both to the King Parliament 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 from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to do We do hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70 71 76 77 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Justice of it selfe and having no power to hear and determine any civill or criminall causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting