of Clouts or in Show or a meer Duke of Venice Then their own Declaration printed and published shewed how well Arbitrariness thrived when they owned That their Votes were not to be questioned either by King or People That no Precedents could bound their proceedings That the Soveraign Power resides in the two Horses That the King hath no negative Voyce That a levying War against the personal Commands of the King tho he were present is not a levying War against the King but that a levying War against his Laws and Authority is levying War against the King which was levying War against them That Treason could not be committed against the person of the King otherwise then he was intrusted That they had power to judge of his Actions and whether he discharged his trust or not and that they were only judges of the Law Their Arbitrary putting to death of Yeomans and Boucher at Bristol and others at London for endeavouring to shew their Royalty to their King and Acting against them and their illegal Authority Voting and making a new Seal and breaking all the Kings old Seals Privy Signets of the King's bench Exchequer Court of Wards Admiralty c. Beheading of several persons by a Court martial against Law and Equity Putting Arch-Bishop Laud to Death after four years Imprisonment Their taking the Scotch solemn League and Covenant for the Extirpation of Episcopacy and the alteration of Religion â—sâ—â—blished by Law contrâ—ry to Law and according to their own illegal and Arbitrary proceedings With many more Acts of the same nature which plainly declared to all the World how far they had deviated from their first more plausible Pretexts But all this while I say by the Kings great Concession in yielding to pass that Act which wrought him so much Mischief they seemed to have a shadow of Power from the King and acted as an House tho contrary to the King the Laws of the Land the Liberty of the Subject and against Equity Conscience and Religion But now after the King had been delivered up to them from the Scots and that they had subdued all his Forces and Garrisons Ragland Castle in Wales being the last that held out for his Majesty then they shewed their power more manifestly and that their Intentions were to usurp the Regal Authority altogether having thus far tasted the sweetness of it and thrived in their Rebellion On the 4 th of June 1647. a Party of Horse under Cornet Joyce seized the King at Holdenby where he was under restraint by the Parliaments order and Carried him away to the Army and thence by them brought to Hampton Court about the middle of August where both the Parliament and Army make to him their several unjust Proposals after the insolent manner of Victors which the King could in no ways grant being contrary to his Conscience his Crown and Dignity At the same time the Independant Officers of the Army kept their chief Cabals at Putnâ—y where it was proposed among them That it was not safe for them nor the Kingdom to grant any Power to the King That it was not for them to set up a Power which God had determined to pull down That the power of Kings was grown a burthen to the Nation and that the reason of all their Distractions in their Counsels was from their Compliance to save that man of Bood and to uphold the Tyranny which God by their many Successes had declared against Where also Major General Harrison made a speech pressing them to the taking off the King Who having notice of these wicked Agitators Actions makes his escape from Hampton Court leaving a Letter behind him intending to get over to the Islâ— of Jersey but being in the Isle of Wight he put himself under the Protection of Collonel Hammond a Parliament man and Governour there who sending â—otice thereof to the Parliament they Vote That he should be continued in the Castle of Cowes That no Malignants shall stay in the Island That no Delinquent or Forreigner should be permitted to come to him without the Parliaments leave That five Thousand pounds should be advanced for his Accommodation and That tâ—eâ— would consider who should attend his Person In the mean time the Independent party of the Army cause a Mutiny which tho quelled by the Industry of Cromwel and his Son-in-Law Ireton yet it caused them to alter their Councels and to joyn with them against the Parliament and all accommodation whatsoever with the King The King sends a Letter to the Parliament from the Isle of Wight dated November 18. 1647. superscribed to the Speaker of the House of Lords to be communicated to the House of Commons In which he granted for Peace-sake the setling of Presâ—ytery for three years And the Militia in the hands of the Parliament during his Reign with a Proviso by Patent that then it should return again to his Successors And also that they should have the Choice of his Privy Councellors and desired earnestly to have with them a personal treaty in London After a long debate upon this Letter the Commissioners of Scotland also pâ—â—ssing them to comply with the Kings just desires on the 26 th of November they concluded That four Previous Acts should be drawn up and sent to the King to which if he would sign they Voted That they then would admit of a personal Treaty with him These unreasonable Proposals drawn into form of Acts were these First an Act for raising settling and maintaining Forces by Sea and Land c. In which they fully and wholly divested the King of the Militia his 〈◊〉 and Successors for ever and gave an unlimitted power to the two houses to raise what Forces they please for Land or Sea and of what persons they please and what Money they please to maintain them The second was that all Declarations Oaths Proclamations against the Parliament might be recalled or against all or any that adhered to them The third an Act that those Peers that were made after the great Seal was carried away from the Parliament might be made uncapable of sitting in the house of Peers And lastly That Power may be given to the two Houses to adjourn themselves as they think fit By these you may easily perceive to what height they were come of all unreasonableness These were presented to the King at Carisbrook Castle in the Isle of Wight on the 24 th of December 1647 by the Earl of Denby the Lord Mountague Lisle Goodwin Bunkley and Kemp Commissioners from both Houses of Parliament The King it may well be thought having no desire to dethrone himself and enslave his Subjects refused the Bills and desired to Treat personally sending them his reasons in Writing Whereupon Sr. Tho. wroth moves the House That the King who had Acted like a Mad man should be secured in some inland Castle with sure Guards That Articles of Impeachment should be drawn up against him That he should be wholly lay'd by
having made way for the most horrid and Bloody design that ever was heard of the Motion is made in this usurping House to proceed to the Trâ—al of the King as a Capital Offender When the grand Impostor Cromwell stood up and said That if any man moved this upon Design he should think him the greatest Traytor in the World but since Providence and Necessity had cast them upon it he should pray to God to bless their Councells And so on the 28 th of December 1648. Thomas Scot brought in the Ordinance for the Tryal of the King being read and Committed three several times and all the Commissioners names inserted Consisting of divers Gentlemen and Soldiers This Ordinance being pass'd the Junto they send it up to the Lords House by the Lord Grey of Grooby together with their Vote formerly made Viz. Resolved c. That the Lords and Commons assembled in Parliament do declare and adjudge That by the Fundamental Laws of the Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom of England The house of Lords debate the matter and first the Declaratory Vote against which the Earls of Manchester and Northumberland with others spake and declared There was none nor could be any such Fundamental Law in England whereby the King could be a Traytor by leaving War against his People and that thus to declare Treason by an Ordinance when no law was extant to judge it by was most unreasonable Upon which the Lords cast out this Ordinance and Vote and adjourned themselves for seven days This proceeding of the Lords gave them no small trouble and stirr'd up the wrath of some of the Zealots who threatned to hang a Pad-lock on the Lords door and sending up to search their journal Book they found the Lords had made these two Votes That they do not Concur to the said declaratory Vote And Secondly That they rejected the Ordinance for the Tryal of the King Upon which these men resolving to be rid of the Lords as well as of King they Vote That they should Act without them as well they might according to their own Law That all Authority was sounded in the People and that they being the Representatives of the People all Authority lay in them Some of them were for Impeaching the Lords for favouring the grand Delinquent of the Land as they called the King And now to make all sure on their sides that they may Act legally On the 4 th of January they Vote That the People are under God the Original of all just Power That the Commons of England in Parliament assembled being chosen by and representing the People have the Supreme Power of this Nation That whatsoever is declared or Enacted for Law by the House of Commons assembled in Parliament hath the force of Law This makes clear Work and by this our Arbitrary Usurpers may do what they will and cut off their Kings Head according to their own Position legally what need of Kings Lords Laws Rights Liberties Properties or fundamental Government when the Arbitrary Consciences of such men may serve instead of all and conclude thereby all the People of England tho they declare against it and tho opposed by the King or House of Peers And thus notwithstanding the rejection of the Lords these Commons pass their Ordinance and declaratory Vote by the name of An Act of Parliament of the House of Commons which was never before heard of for the Tryal of Charles Stewart King of England This being objected to Hugh Peters that there was no President or Example for the Tryal of a King by a judicial Court he Prophanely applyed That there was never any President before the Virgin Mary of a Womans conceiving and bringing forth a Child without accompanying with a Man therefore they might walk without President for this was an Age to make Examples and Presidents There was yet one thing that passed these men which they had not foreseen which was That it was a very improper thing to make use of the Kings Seal wherein he is styled King of England c. by the Grace of God to seal a Commission against him for his Tryal They were now in hast and could not stay for a new one which they had not as yet thought on therefore it was concluded the Commissioners should proceed upon the Ordinance without any Commission under Seal and that every Commissioner should set his own Hand and Seal to the Instruments of their Proceedings All things being now in a readiness for the Tryal The King is taken from Hurst Castle and brought to Winchester thence to Farnham thence to Winsor and thence to St. James on the 19 th day of January And they had caused for the greater Solemnity of the Business their Serjeant Dandy who was appointed Serjeant at Arms to the Commissioners for the Tryal of his Majesty to proclaim it openly in Westminster-Hall with his Mace on Horse back with six Trumpets and several Officers attending all bare That the Commissioners were to sit to morrow and that all those who had any thing to say against Charles Stewart King of England might be heard This was done in like manner in Cheap-side and at the Royal Exchange The same day the House Voted their great Seal to be broken and ordered a new one to be made Upon this Mr. Prin sends to the Junto a Memento of their unpresidented Proceedings Complaining of the force and Violence put upon their fellow Members warning them from Acting Consulting or ordaining any Act or Ordinance without Concurrence of their fellow-Members being Arbitrary and against Law and that the secluded Members not only declared against such Proceedings but more especially against this horrid Act of theirs for the Tryal of the King shewing them That by the common Law and by the Statute of 25. Ed. 3. and all other Acts concerning Treason it is high Treason for any man to Compass or Contrive the Death of the King or his eldest Son tho never Executed That they were also bound to the Contrary by their Oath of Allâ—giance from which no Power could absolve them That they had in above an hundred Declarations and Ordinances in the name of the Parliament professed That they never intended the least hurt injury or Violence to the Kings person his Crown Dignity or Posterity with several other things very pressing and full as may be seen at large in the printed Paper but all was in vain for they were resolved on the Business tho they could give no kind of colourable Reason for their Actings This Memento was seconded with a Declaration and Protestation signed the 19 th of January by the said Prin and Clement Walker another of the secluded Members which ran very much after the same Tenure and absolutely Protesting against the Junto's Actings and Proceedings declared against the illegal Act of Erecting an high Court of Justice and usurping a Power against
all Law and without all President to try depose and bring to Capital punishment the King and to dis-inherit his Posterity c. But at the same time the Officers of the Army had contrived and ordered two Godly Petitions to be presented to them viz For the abolishing Tythes and the Repealing the Act for the Banishment of the Jews And now Oliver and his Privado Officers having brought their Work to this readiness are fasting and praying as hard as they can no doubt for the Success of it tho they put another Face on the matter and said it was for Direction and Counsel And now it was and not before that this great Usurper of the â—onarchy and Liberties of the people began to lay the great Design of steping into the Soveraignty and laying the Foundation of his Tyrannical reign by the Death and Murther of the King For the private Officers both from the King and his Friends and from the Prince himself in this exigent to save the Life of his Father were not small but he that now aimed at all would not be content with a portion of justly acquired greatness and perhaps he was not sufficiently assured of the Mercy of the Prince he had so highly offended as that he could be able to forgive all those great Crimes he was guilty of but that either himself or his Posterity might remember them to his Prejudice since all he was able to do towards his Majesties Restauration was but what in Duty and Conscience he was bound to do But what ever instiâ—ations he had besides those of the Devil he was not to be shaken tho attempted by a Kinsman of his and of his own Name who as reported was sent either from the Prince himself then at the Haguâ— or from the States of Holland with Credential Letters and a Blank sealed with the Kings and Princes Signets and confirmed by the States for Cromwell to write his own Conditions in if he would preserve the Life of the King This found him at his House recluse with his Privadoes at their Prayers as given out but to what God we may easily Imagine The business being urgent and the Kings Martyrdom approaching the Gentleman with some difficulty got to the private Speech of him to whom he very fully laid open the Hainousness of the Fact he was going about and what an Odium it was about to cast on the English Nation abroad and withal let him understand what Terms he had to offer him and that he might now make himself his Family and Posterity for ever happy and Honourable otherwise he would bring such an Ignoimny on the whole Generation that no time would be able to delete Cromwell after his canting way shifted it off from himself and put the Act upon the Army and Parliament declaring he had sought God very much in the Business but as yet had no return of his Fasting and Prayers about it therefore he desired till night to consider of it and promised that he should hear from him before he went to Bed and accordingly about Twelve or One of the Clock the Gentleman expecting his Answer he sent him word That he might return for he and his Officers had been seeking God and that now it was Resolved the King must dye this was but a night or two before the King's Murther On the 20 th day of January 1648. being Saturday these bloody Commissioners met called an high Court of Justice for the Tryal of the King who was brought before them and with much Patience and sometimes smiling he heard their long Charge but denying the Jurisdiction of the Court refused to plead requiring them to shew by what Law or Authority besides their unjust Usurpation or power of the Sword he was brought before them who were his Subjects I shall not trouble the Reader with any farther Relation of this Tryal it being at large so often printed nor with the Names of the Judges and Officers of this pretended Court it being to be had in every Booksellers shop I intending in these Collections only a brief Narrative of these Usurpers Proceedings that the World might behold the true Picture of Arbitrary Government and Tyrannical rule and not an exact Chronicle or History of those times tho I would not omit any Material thing that may give Satisfaction or Delight to the Reader I shall observe that as an ill Omen the Silver head of the King's Staff dropt off as the Charge was reading which the King wondring at and seeing none so Officious as to take it up he stoop'd himself and taking it up put it into his Pocket At his going from the Court looking very austerely about him without moving his Hat he pointed with his Staff to the Sword and said I do not fear that As he went along the Hall some Cry'd out Justice Justice and others God save the King On Sunday Cromwell Bradshaw and the rest of the Commissioners kept a Fast at White-Hall where preached Joshuah Sprigg whose Text was He that sheds-Man's blood by Man shall his Blood be shed Then Mr. Foxley whose Text was Judge not lest you be Judged Lastly Hugh Peters whose Text was I will Bind their Kings in Chains and their Nobles in Fetters of Iron And thus by their wicked application of the word of God they endeavoured to justifie their most Execrable Murther of their Lawful King There was by some who durst to do any thing against these Cruel and powerful men certain Papers scattered about in which were several Queries as Whether a King of three Kingdoms could be Condemned by one Kingdom alone without the Consent or Concurrence of the other Kingdoms Whether a King if try'd ought not to be try'd by his Peers And whether he could be said to have any such in his Kingdom Whether if a King were Tryable he ought not to be tryed in full Parliament of Lords and Commons Whether the 8 th part of the Members of the Commons meeting in the House under the force of the Army the rest being forcibly restrained from sitting can by any Pretext of Law or Justice erect a Court for the Tryal of the King And whether this could be properly called a Court of Justice without the great Seal of England Whether that those men who by several Remonstrances Speeches and Actions have publickly declared themselves Enemies to the King can either in Law or Conscience be his Judges when it is Exception enough for the basest Felon to any Jury-man to hinder him from being his Judge Whether this most illegal and Arbitrary Tryal of the King by an high Court of Justice may not prove a most Dangerous inlet to absolute Tyranny and bloody Butchery and every mans Life be at the Arbitrary will of his Enemies erected into a Court of Conscience without limits or bounds But words are nothing and these paper Arms tho furnished with the highest Reason could not move these obdurate Men who persisted in their bloody Business driven
other and instead of Juratores pro Domino Rege shall be used Juratores pro republica and so Contra pacem dignitatem Coronam nostram should be turned into Contra pacem publicam All judges Justices Ministers and Officers to take Notice thereof and that whatever should be done Contrary to this Act hence forward should be declared null and void in Law the Death of the King or any usage Law Custom c to the Contrary The King after his Sentence was lodg'd in White-Hall and the little time they gave him to prepare himself he was disturb'd with the noise of his rude Guards filling all the Rooms with the smoak of their Tobacco a thing extreamly offensive to him and they Rung in his Ears the clincking of Pots and such like Noises and not only so but he lay so near the place where he was to Dye that he could hear every stroke of the Hammers of those Workmen that were erecting the Scaffold and working all night all which Barbarity was to mortifie him but that would not bring him to their Bent On Munday he was removed to St. James's whence he came the next day on Foot thorow the Park to suffer his Martyrdom And now on the 30 th of January 1648. was Acted the most unheard of Tragedy that ever was Committed and not to be parallel'd in History in any Countrey A King convented and Tryed openly in a Court of unlawful Judicatory as a Capital Criminal by the meanest of his Subjects under pretence of Law and then publickly Executed on a Scaffold in the face of the Sun and the People before his own Palace by the hand of the common Hangman as it hath since appeared is so strange a thing that it will be the Admiration of succeeding Ages as well as it hath been of our own and I think a most notable Display of Arbitrary Usurpation For tho we have had some of our Kings murthered in our Land yet there was some modesty shewed in their Assassination in that it was done Privately and Acted by great Persons laying claim to or Ambitioning the Crown nay they were so Cautious as in the Murthers of Edward the second and Richard the second First to depose them and to take away their Crowns or making them to resign them by their own Acts becoming thereby private men accounting them else Sacred to be murthered but thus I say to be publickly put to Death under the Colour of Law and Justice and to justifie such â— bloody Perpetration to the World as a legal Act being so palpable against all Laws both Divine and Humane was a thing never to be found in any Age or in any story I shall say no more of it his Majesties Speech and all the fatal Transactions of that Tragedy being Printed at large only I shall take notice that this Royal Martyr with much Constancy Courage and Resolution lai'd his Head on the Block and suffered under the Ax in refusing to acknowledge the Authority of these bloody Usurpers to be legal and because he would not betray the Liberties Lives and Properties of his people to an unjust and usurping Tyrannical Government Even whilst he was on the Scaffold he was pittied by some of his Persecutors the Officers of the Army which Cromwell perceiving he begun to play with them his usual jugling Tricks and made them believe that he would consult with them concerning the saving of the Kings Life Seeming to pitty him himself and blaming him for being Obstinate in not adhering to their Propositions feigning a Reluctancy for his Death and therefore told them He should be very glad if it might be effected with the safety of the Kingdom tho what was done was by the Authority of the Parliament yet he feared the Odium might be cast on them but says he before we proceed in this weighty Matter let us seek God to which they agreed and Oliver began a long-winded Prayer which lasted so long till News was brought them that the King was Executed which several not suspecting were surprized and amazed but Cromwell holding up his Hands told them he now saw clearly that it was not the will of God that the King should live and therefore he was afraid they had done ill to tempt God to desire it This was the end of his Majesty Charles the First and now all the world believed as most legally they might that this Parliament was dissolved of Course by the Death of the King by what Authority now can they pretend to sit and Act Even by the same unjust Power of the Sword whereby they had committed so many illegal Acts contrary to the Fundamental Laws of the Land as now in continuing themselves a Parliament was against the most ancient Constitutions of Parliaments But they lay hold of the Act of 17. Car. 1. for the Continuance of this Parliament In which these words Were And be it declared and Enacted by the King our Soveraign Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same that this present Parliament now assembled shall not be dissolved unless by Act of Parliament to be passed for that Purpose Therefore they declared and believe that they are still a Parliament and are not Dissolved by the Kings Death because not dissolved by an Act of Parliament But it was answered that it was and ever hath been the undoubted Prerogative of the King to Call and Dissolve Parliaments and that an Act for their Perpetuation was a taking way one of the chiefest Flowers in the imperial Crown of England which the King could not grant and give away tho with consent of both Houses But this Act was palpably against the King's inclination being as it were forced to it by some Heady violent and turbulent Men. But that a Perpetuation or Extention of it beyond the Kings Death was never then thought of is most plain by the Preamble of the said Act where it is expressed That by reason of great Sums of Money of necessity to be advanced for the speedy relief of his Majesties Army and People in the northern parts of the Realm and that Credit might be had for the raising such Monies and to take away the Fears and Jealousies of any that should lend such Monies upon their Credit that this Parliament should not be Prorogued or Dissolved before Justice be done on Delinquents and publick Grievaâ—ces redressed it was Enacted c That they should not be Dissolved but by an Act of Parliament so that by the very end and Scope of this Act there could not be thought to be any Perpetuation of this Parliament or that they should not be Dissolved by the Kings death For else certainly they would have inserted the like special Clause as That this Parliament shall not be Dissolved by his Majesties death but only by Act of Parliament But that the Parliament was Dissolved Ipso facto by the Kings death being called
Rocks Nor the People into the like Rebellion in seeking to avoid Arbitrary Government or some Shadows of it bring it upon themselves totally to the subverting the Monarchy and the Fundamental Laws of the Land To the intent then that they may see the difference between the happy Reign of lawful Kings and usurping Tyrants we have Collected the illegal Acts and bloody Persecutions of those Usurpers of Arbitrary Government the Rump and Oliver that by the matter of Fact the People may be convinced and deterred from thinking of Rebelling against their lawful Prince since 't is the only way to bring in Arbitrary Government whose most horrid Picture is display'd in the following History Arbitrary Government displayed to the Life in the illegal Transactions of the late Times IF we mount up the Hill of Time present and thence take a view on either hand lyes Time past and Time future or to come the latter is continually hidden in a Cloud and we are not able to take any Prospect of it unless by Divine or Prophetick illumination which tho certain is rare yet a wise man by looking back on Time past and Comparing the certain Effects resulting from several Causes may give a shrewd Guess of what is to come and thus from Experience he will pronounce that Fears and Jealousies betwixt a Prince and his people being wrought to the height will produce on the one hand Severity on the other Rebellion If the Prince gets the better of the People after they have run into actual disobedience it is not to be expected he should whilst he Lives slacken the Reins of his Power but by keeping them under extend it to the utmost of the line If the people thrive in their Rebellion the certain sequel is Usurpation Tyrannick and Arbitrary Government as hath been seen in several Ages and recounted in several Histories which we shall not mention our Design being to confine our Discourse to our own late Affairs and Transactions from the first setting up of the Rump in the place of Monarchy to the Restauration of our present Monarch whom God grant long to Reign If we look down from this Hill of Time presents thorow the Optick of History on Time past we behold the first Ages as in Landskip only not in a due Proportion being much lessened in Relation the middle Ages are more clearly viewed and lye open to discovery and are more largely Displayed in History but again the more near or next to the Mountain of Time present are also covered in a certain obscurity and as it were over-shadowed by the Mount of Time present that Truth is traced with a faint touch and usually things are not so clearly seen as at a longer distance But since every day renders the Prospect more clear We hope in this our short Relation of the late Usurpers and of their Tyrannick and Arbitrary Government to shew to the People a most lucid Picture of that dreaded Monster which they do and may most justly fear Arbitrary Government Fears and Jealousies fomented and heightned we may say begot it and Rebellion brought it forth for it was the foul Issue of our bloody Civil Wars It is not my task to write the Transactions between the late King and his Parliaments nor to draw forth a Scheme of that most unnatural War which robb'd England of it's Peace and devoured so many brave and valiant Subjects this hath been sufficiently and fully by several Pens already performed But I shall begin the rise of my Historical Collections from the time of the Exclusion of the greater part of the Members of the house of Commons called the long Parliament and when the Tail or Rump as they are called of the said Commons against all Law and Right usurped the Regal Authority of the Nation and placing it upon themselves Exercised a Tyrannick and Arbitrary Government with any shadow of legal Authority for altho it is not to be doubted that the bloody War commenced by the long Parliament against their sovereign Lord and King was illegal and unjust yet I say by that Bill passed by his late Majesty together with the Bill of attainder against the Earl of Strafford on the 8 th of May 1641. for the continuance of that Parliament and that it should not be Prorogued or Adjourned but by act of Parliament and on the 10 th of the same Month had the Royal assent gave them I say some Colour or shadow of Authority and extreamly inbroiled the Kings affairs The advisers to the passing of this Act are not certainly known some attribute it to the Lord Say others to the designing Marquess Hamilton who brag'd of it in Scotland as his Act but whoever they were it prov'd most pernicious to the King and seem'd to Authorise the Rebellion by his own Act. But before we enter upon the Actions of these Usurpers we shall only make mention of some preliminary Acts of illegal Arbitrariness of this Parliament before their Votes of Non-Addresses to the King and their sceluding their fellow Members and of their growing up to that perfection of Evil in taking upon them the Administration of the Government and of that unparallel'd-Murther of a great Monarch their soveraign Lord and King The first was under the Notion of maintaining the Protestant Religion their entring into a solemn Protestation or Association among themselves and also imposing it on the Consciences of all others who should bear any Office either in Church or State Secondly their raising men arming them and forming an Army and so running on into actual Rebellion against their Head and continuing that most Bloody War with so much Heat and Animosity hearkhing to no Treaties c. Next their flinging the Bishops out of the House and imprisoning twelve of them for asserting their Right only by a Protestation And which was absolutely against the Priviledges granted to them by Magna Charta and a lopping off one of the Estates of the Realm Then their putting a difference between the Kings person and his politick Capacity raising War against him in his own Name for as yet the Keepers of the Liberties of England were not thought of but the Style ran in the name of the King and Parliament making the King to fight against himself and to War with himself Next their illegal imprisoning their fellow Subjects and disseizing many of their free Holds for their Loyalty to their Prince and for not lending them Money to carry on their Rebellion and also putting to Death the Hothams all contrary to Magna Charta and the Liberty of the subject and full of Arbitrariness Next their endeavouring to perswade the People that the Soveraignty law wholly and radically in them and so effectually in the Parliament on House of Commons for they now began to be esteemed only the Parliament Then by their Endeavouring â—o take the power of the Sword out of their Soveraigns â—and and to put it into their own thereby to make him a King
and that they would think of some other Government no matter what so it were not by Kings or Devils Then Ireton gravely and with his Protesting he spake the Sence of many thousand Godly men who had ventured their Lives with him in the Army said That the King in denying those Bills had deny'd his safety and protection to the People and that therefore they might justly and lawfully deny to yield him any further Obedience and that it was fit they should settle the Kingdom without him Then Cromwell at last after a long debate with an Hypocritical Face stood up telling them of the Valour Courage Resolution and readiness of the Army to stand by them and to Live and Dye with them and that therefore now the Parliament should by their own Power Rule and Govern the Kingdom and not expect safety any longer or any help from an Obstinate man whose heart God had hardened and therefore no more to be trusted for that his future Reign would become more insupportable and fuller of Revenge than Justice That else those men who had so long defended them would think themselves betray'd by them to the Malice and Rage of an irreconcileable Enemy whom they had subdued for their sakes and that dispair might teach them to seek their safety by some other means than adhering to them who would not stick to themselves and how destructive that resolution might be to them all he even trembled to think of and left them to consider This concluding Menace from that terrible Bug-bear very much overawed the House Upon this they came to Vote and the Questions being put they Voted No more Addresses or Applications should be made to the King carrying it in the Affirmative there being one hundred and forty one Yeas and ninety one Noes This was also assented to by the Lords and published Resolved by the Lords and Commons Assembled in Parliament That no Application or Address be made to the King by any Person whatsoever without the leave of both Houses Resolved by the Lords and Commons c. That the Person or Persons that shall make breach of this Order shall incur the penalty of high Treason Resolved by the Lords and Commons c. That they will receive no more any Message from the King and do injoyn that no Person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or any other Person Upon this comes forth a Declaration from the Army Among other things they declare That they are resolved to stand by the Parliament in these their Votes concerning the King and in what shall be necessary for the Prosecution thereof and for the setling and securing of the Parliament and Kingdom without the King and against him or any other that shall pertake with him The Parliament also after this put forth a publick Declaration about the beginning of February 1648. in which were many strange Invectives against the King and his Government raking in all the Errors thereof and remembring things done before his Reign They also endeavoured to have fixed on him the Murther of his Royal Father King James the Rebellion and Massacre of Ireland and other wicked and horrid Crimes lay'd to his Charge and almost in every bodies Mouth so that they were not only Content to take away the Government from their King and to usurp the Royal dignity but they went about to defame him and to Murther his Honour and Innocency even before they had agreed to take away his Life from his Person and to make him as odious as they could in the Eyes of all men to take off the Odium as much as they could from themselves for what they now intended to do viz. The murther of their Prince which began now to be designed by the prevailing Independent Party who had got the Army on their sides and overawed the rest However they could not carry things so but that their Intentions began to be seen altho they had procured Letters or Addresses of thanks from several Counties by their Agents for their Votes against the King yet for the most part the peoples Eyes being now every day more and more opened began to see what a Brat they had nourished up under the notion of Liberty whâ— being grown up to it's height proved that most dreadful Arbitrary they so much had feared insomuch that from Grumbling and Murmuring the City began to stir and in several other places as in Kent and in Wales under Lauhorn Poyer and Powell upon this the Commitee of Darby House was Impowred anew for the suppressing of Tumults and Insurrections The Insurrections were soon quelled tho not without Blood by the industry of Cromwel and Ireton and by the Permission of divine Providence The Scots by their Commissioners desired to know if they were excepted by the Parliaments Votes of Non-Addresses to the King which Message caused great debates and being yet fearful of disobliging them at last it was permitted â—â—em to make Addresses to the King which was not well â—â—ken by the Independent Faction in the Army But â—â—e King was now more straitly secured by Collonel â—â—mmond and he found not that Favour from him he â—â—d hoped for being the Brother of one of his belovâ—â— Chaplains Doctor Hammond His Servants were reâ—oved from him and he restrained within the Castle â—â—lls which begot a Pitty and Commiseration of his â—â—se in the breast of several Loyal Subjects within the â—â—nd and especially Captain Burleigh who had forâ—â—rly serv'd him in the Army and who now made an â—â—â—empt to rescue the King out of Hammond's hands bâ—t miscarrying he was taken and on the 10 th of Febâ—uary put to death at Winchester being tryed for High Tâ—eason by Serjeant Wild. Upon this his Majesty put foâ—th his Declaration which begot great Compassion in thâ— Hearts of all his Loyal Subjects throughout the Kingdom But yet they were not able to help him the Power being out of their Hands And he suffered a very close Confinement being sequester'd from the Convâ—â—â— of men which made him apply himself to a more â—â—â—e and blessed Converse with God as may be seen by his Excellent meditations in his Book called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Pourtraiture of his Majesty in 〈◊〉 Solitude and Sufferings then wrot And now the Universities were purged for having thâ— Sword they resolved to have none of those Gownmâ—â— to plead Gospel for the Kings Authority and thâ—â—efore all such should be ejected that knew not 〈◊〉 against Conscience to preach and declaim of their 〈◊〉 to which end the Earl of Pembrook Chancellour oâ—â—he University of Oxford with others as learned as hâ—â—â—elf were sent to purge the University where they 〈◊〉 forth many learned and honest men under the 〈◊〉 of Ignorant and Scandalous by which means 〈◊〉 sent packing all such as were not for their turn â—â—ril the 20 th the Duke of York made his escape 〈◊〉 St.
on by the secret and forcible Machinations of Oliver and his Cabal The second day being Monday the 22 d. of January the Court met again and the Solicitor Cook urged extreamly for judgment against the Prisoner unless he would own the Authority of the Court which the King constantly denyed to do and offered his reasons against them but they would not be heard The 3 d. day being January 23 d. the King was brought again before the Court who had in the Painted Chamber the day before Resolved That the King should not be suffered to argue the Courts Jurisdiction and had ordered That in case he offer'd to dispute the Authority of the Court that the President should let him know that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have Constituted this Court whose Power may not nor should be permitted to be disputed by him And that in case he should refuse to answer or acknowledge the Court the Lord President should let him know his Contumacy should be recorded But the King still persisted in the denyal of their Authority upon which the Clark reads Charles Stewart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of Confession or denial of the Charge But the King told them he could not acknowledge a new Court set up contrary to the Priviledges of the People to alter the fundamental Laws of the Land The 4 th and last day was the 27 th of January 1648. where appeared about fifty six of those Commissioners who sate when judgment was given against the King by their President Bradshaw But the King having moved to be heard before the Lords and Commons in the painted Chamber promising after that to abide the judgement of the Court they withdrew for half an hour and returning they told the King This was but another denial of the Courts jurisdiction and therefore if he had no more to say they would proceed to Judgement Upon this after Bradshaw had made a long Speech endeavouring to justifie their Proceedings on this false point That the People are the supream Power whom the Commons represented he commanded the Clark to read the Sentence which was drawn up in Parchment in these words Whereas the Commons of England in Parliament have appointed them an High Court of Justice for the trying of Charles Stewart King of England before whom he had been three times convented and the first time a Charge of high Treason and other Crimes and Misdemeanors was read in the behalf of the Kingdom of England c. Here the Charge at length was read after which the Clark proceeds which Charge being read unto him as aforesaid He the said Charles Stewart was required to give his Answer but he refused so to do For all which Treasons and Crimes this Court doth adjudge the said Charles Stewart as a Tyrant Traytor Murtherer and a publick Enemy shall be put to Death by the severing his Head from his Body After this wicked Sentence passed by these Miscreants the King was had away to Sr. Robert Cotten's and thence to St. James's the rude Soldiers in his passage by them blowing Tobacco in his Face and one spit on it which he wiped off with his Hand-kerchief without taking notice of it But when he heard some of them to Cry out Justice Justice he said alas Poor Souls for a piece of Money they will do as much for their Commanders On the 29 th a Committee met in the paintâ—d Chamber to consider on the time and place of the Kings death which they ordered to be the next day before his own Palace Gate which was approved of by the Commissioners and a Warrant Signed and Sealed by them directed to Hacker Hunts and Phare and order that Marshal Nye Caryl Salway and Dell should attend on his Majesty and to administer to him spiritual help but the King would not be troubled with them and at his desire Doctor Juxon Bishop of London was admitted to Pray with him in private in his Chamber and to administer to him the Sacrament and his Children permitted to come to see him But John Godwin was also sent to be an over-looker of their Actions In the mean time the Junto Pen a Proclamation which they afterwards caused to be published making it high Treason for any man to proclaim or publish Charles Stewart the Son to be rightful Heir and Successor to the Crown of England after his Fathers death or any other of that Line King of England and that no man under Pain of imprisonment or other Arbitrary punishment which they should think fit to inflict shall Preach Write or speak any thing contrary to the present Proceedings of the supream Authority of this Nation the Commons of England assembled in Parliament The Sunday before the King dyed it is reported that some of the chief of the Army and Parliament tendred the King a paper to sign with promise of Life and some shew of a King the Power being wholly invested on themselves and was Destructive to the Fundamental Laws of the Land to the Religion established to the Liberties and Properties of the People one Proposition whereof was To continue the Power of the Sword to the Army and to have as a standing Force under the same general Officers forty Thousand Horse and Foot they to have the Choice of their own Officers among themselves by a Councel of War and to settle a constant Tax upon the People by way of a Land rate for the payment of the said Army and to be collected and levyed by themselves and a Court martial to be Erected of an exorbitant Extent and Latitude But his Majesty disdaining to read them all flung them aside and told them He should rather become a Sacrifice for his People and dye by their Hands than so to betray their Laws Liberties Lives and Estates the Church and Honour of his Crown and so to make all Slaves to the Arbitrary Will and Tyranny of an Army O Glorious Prince Oh height of Impudence of armed Arbitrariness See yet how they proceed on the 29 th of January the Junto Vote That it be enacted by this present Parliament and by the Authority of the same That in all Courts of Law Justice Equity and in all Writs Grants Patents Commissions Inditements Informations Suits Returns of Writs Fines Recoveries Exemplificationr Recognizances Processes and Proceedings at Law c. Within the Kingdom of England and Ireland and Dominion of Wales c. Instead of the Name Style or Title of King heretofore used should thence forward be used and no other than the Name Style or Title Custodes Libertatis Aâ—glie Authoritate Parliamenti The keepers of the Liberty of England by Authority of Parliament and the date of the Year of our Lord and no
by his Writ to confer with him as his Parliament Arduis negotâ—is or about urgent Affairs was Resolued 1 Hen. 4. Rot. Parl. n. 14.14 Hen. 4. Cook 4 th Institut p. 46. c. For it is not natural to suppose and impossible That the Lords and Commons should be a Parliament and make Acts and Laws without the King as for a Body to move and Act without an Head and therefore had there been any such thing intended to have been Enacted it was void because impossible for the Kings Royal assent could not be had after his Death and there is no Clause in the Act that obliges his Successor to Consent which clearly shews they never had any such intention at the making of this Act. And therefore on the death of the King all Commissions both of the Judges and others cease and all Proceedings determined tho the King is said to sit in the Court of the Kings-Bench in his politick Capacity which indeed never dyes so as to cause an Interregnum but other wayes as to the Continuance of Commissions Writs c. which must be renewed Consider also that if these men after the Death of the King could be a Parliament they must be so either by the Common Law and Custom of Parliaments which is clearly against them or by this Statute which as little Countenances them for they would then be another thing distinct from the Parliament which was summoned in the Kings Life for the Country had no Power to elect their Representatives but by the King 's Writ and therefore could receive no more Power from them than the Tenour of the Kings Writ granted which determining with the Kings Life their Representative-Power was also determined and by Consequence they could be no longer a Parliament If it could be thought they could be yet so by that Act then it follows That a Parliament by their Act might create another Parliament to exist after themselves were dissolved which is most absur'd and alters the Root and Foundation of all the Liberties of the Subject for they become no longer their Representatives but a Parliament by their own Act and it will never be thought that the people intended to entrust them with their Authority to change the Government and deprive them of their Fundamental Priviledges The Parliament cannot De jure do any thing against natural Equity quia jura naturae sunt immutabilia And also by the judgement of a Parliament this could not be being against the Law and Custom of Parliament for Ro. Parl. 42. E. 3. no 7. it is declared by the Lords and Commons in full Parliament upon demand made of them in the behalf of the King That they could not assent to any thing in Parliament that tended to the Disherision of the King and his Crown to which they were Sworn Now this Act of the 17 th of Caroli Primi is expresly against the Kings Successors Prerogative to call his own Parliament and therefore they could not make such an Act to the Disherision of his King and Crown A Parliament may be three ways Dissolved by the Declaration of the Kings pleasure or for want of entring their Continuances or by the Kings death whereby the Kings Writ which gives them their Authority is determined These words That this Parliament shall not be Dissolved unless by Act of Parliament is a general Negative which cannot extend to all Causes of Dissolution but have a respect only to that most usually hapning the Pleasure of the King till the pretended Grievances of the time were satisfied Now in all Times the judges have excepted particular Cases out of the general Negative or Affirmative Words of Statutes By the Star of Magna Charta C. 11. 'T is enacted That Common pleas shall not follow or be sued in the Kings-Bench which is a general Negative yet it is holden to be clear in Law That the King is not within these general Words and may sue in his Bench or any other Court at his Pleasure The Statute of Winchester is a general Statute That the Hundred c. shall make Satisfaction for all Robberies and Fellonies within the Hundred yet it is Resolved That the Hundreds shall make no Satisfaction for the Robberies of an House because the House was the owners Castle and he might have defended himself and preserved his Goods Besides this Clause in the said Act That all and every thing done or to be done for the Proroguing or Dissolving of this present Parliament contrary to this present Act shall be utterly voyd and of none Effect By which it appears That the cause of Dissolution which they intended to prevent was something that should consist in Action by the words Thing or Things done or to be done which words can only be applicable to an Actual dissolution by the Kings pleasure And the King's death is not a thing done but a Cessation of his personal being and of the Dependants thereupon And is not an Action but a Termination or Period So that it is most Clear these men could no longer by any the least Colour of Law or Reason pretend to sit and Act as a Parliament But alas What are Arguments to them who had usurp'd the Throne and Power of their Soveraign and had the vain and idle Hopes to keep it And to the strengthening themselves with all the Arbitrary and Tyrannical ways imaginable they proceed First they issue out their spurious Act before mentioned against proclaiming the King tho by the Law of the Land instantly upon the King's decease the imperial Crown of the Kingdom of England was by his inherent Birthright and by an undoubted Succession and Descent Actually vested in our now Soveraign eldest Son to the murthered King and next Heir of the Blood to his Royal Father and that before any Ceremony of Coronation as by Stat. of 1. Jacobi Ch. 1. And that all Peers of the Realm Majors Sheriffs and other chief Officers in all the Cities and Corporations of England are oblig'd by their places and Allegiance to proclaim him under pain of High Treason and forfeiting their City and Corporation Charters And notwithstanding the Junto's Prohibition there were several Proclamations printed and scatter'd about the City which proclaimed and asserted the Right of the Prince as next Heir to the Crown and by Birthright to be the lawful King of Great Britain c. Dated the 1 st of February Then also in like manner was privately scatter'd about another Paper in which were four Propositions briefly declaring That the House of Commons had no Power of themselves alone and without the Concurrance of the King and House of Lords to make any Act of Parliament Ordinance or to impose any Tax Oath Forfeiture or Capital Punishment on any Secondly That the few Members now sitting were no Court of Justice in themselves and could Erect no such Court for the Tryal of any person nor had Power to hear and determine any Civil or Criminal Causes and that
foundation and that the consequence had been confusion if he had not done it That there were no hereditary Lords or Kings setled the power consisting in the two Houses and himself and that God would judge between them and him God was his witness that there was a seeking of a new settlement in the Army that he spake not to those Gentlemen meaning his Lords or what they would call them but to them the Commons that advised him to that place yet that instead of owning him some of them must have they did not know what And that they were running the Nation into confusion again by their intention of devising a Commonwealth that some of the people might be the Men that might rule all and that those things were not according to God and according to Truth pretend what they would it was a playing a game for the King of Scots if he mought call him so and therefore he thought himself bound before God to doe what he meant to prevent it God was his witness he told them what was true the King of Scots had an Army at the water-side ready to be Shipt for England and that he had the knowledge of it from an eye-witness That they had not only been endeavouring to pervert the Army to draw them to a Commonwealth but some of them while sitting had been listing of persons by Commission from Charles Stuart to joyn with any insurrection that should be made that if this was the end of their sitting and that if these were their carriages concluding he thought it high time to put an end to their sitting and therefore by the living God he declared to them that he did Dissolve that Parliament To which many of the Commons cry'd out Amen And thus ended this Parliament crossing and vexing Oliver to the heart for he expected more supplies of Money Oliver having thus dismist this Parliament and rid himself of that fear begins to fortifie himself against the Royalists who had indeed formed a new Plot for the bringing in their King but were betray'd by Willis and one Corcar a Minister of Sussex who had been long employed by Cromwell for that purpose The Royalists were glad the Parliament was dissolved for they feared a Commonwealth much more than Cromwell not that he was less Tyrannical or had used them more favourably but for that the other sort of Government had rendred it self formidable and was in danger to have been more permanent than Oliver's Kingly Protectorship could for they believed as they well might that King Oliver would never be long endured by the people whose eyes must needs be opened and see that he was got into the Throne and exercised the same power and far more than the Kings of England ever did and whom they had flung out only to make way for a Tyrant and that they would never suffer a man of their own quality and rank thus to play the King amongst them and to be their Lord without endeavouring to fling him out Besides they found Lambert and the Army so much disgusted that they would rather have ventur'd all than not to have seen the downfall of Cromwell so that the Royalists thought all things to be favourable to their design But Cromwell having timely notice of all things by his Agents among them he takes care to prevent them and sending to his right hand Tichbourn Lord Mayor causes him to double the City-Guards and to make great changes in the Militia turning out all he suspected and presently seizes on Sir William Compton the Earl of Northampton's Brother Mr. Russel the Earl of Bedford's Brother Sir William Clayton and many more The Marquess of Ormond who on the design had lain hid for some time in London hardly escapes his hands Also he seizes on Mr. Mordant the Earl of Peterborough's Brother Mr. Manley Mr. Baron Mr. Stapely Mr. Mansel Mr. Woodcock Mr. Carent Mr. Jackson and one Mallory who was thought to be a decoy to the rest being pardoned after Condemnation And now to give more terror to the Royalists Cromwell resolves again to new dye his hands in Blood by the old Arbitrary and Tyrannical way Up goes the High Court of Justice and its bloody President Lisle who on the 25 th of May 1658 sat Cromwell had pickt out two Eminent Men to begin with one Lay-man Sir Henry Slingsby imprisoned ever since the West-Rising and one Clergy-man the Reverend Dr. Hewet Sir Henry Slingsby was accused though falsly to have endeavoured to betray Hull whilst a Prisoner there and for holding Correspondence with Charles Stuart for which he was Condemned for a Traytor and sentenced to be be-headed which Death he suffer'd on Tower-hill on the 8 th of June following though great application to save his life had been made to Cromwell by his Nephew and Cromwell's Son-in-law the Lord Faulconbridge but the Tyrant was inexorable having before-hand with Thurlo resolved on the Death of these two men The next was Dr. Hewet who was accused before the same Court for Conspiring against the Government and holding intelligence with the King But the Doctor Demurred to the Jurisdiction of the Court citing divers Law-Cases and giving many Reasons against their authority desiring them to evince to him the legality of their Court and he would plead to his charge But this they would not nor were able to doe and whilst he disputed with them they took the advantage of demanding his Plea three times after which though he then desired it seeing they would record him a Mute they would not admit for being designed for slaughter had they admitted him to plead he would have escaped them for want of Witnesses which it seems failed them at that time The Doctor had an Eloquent Tongue was of great esteem and abilities and Preached long at St. Gregory's where he sometimes could not forbear to deplore the misery of the Kingdom so that Cromwell had a particular desire to rid him out of the way as a most dangerous man and took this occasion to doe it upbraiding the Doctor with very bitter and unbecoming language when he was brought before him to be examined However though he was Condemned as a Mute yet he had the favour to be beheaded and suffer'd the same day with Sir Henry Slingsby where he prayed almost an hour with great zeal and fervour of spirit having his head severed from his body he dyed with much Christian Magnanimity The next that came to his Tryal was Mr. Mordant who at first denied the Jurisdiction of the Court but was by his friends at last perswaded to plead and was quitted by one voice only for very fortunately Col. Pride being taken with a fit of the Stone went off the Bench to the saving his life Then Mr. Woodcock and Sir Humphrey Bennet were tryed and acquitted Mallory confest was condemn'd but not executed Then Mr. Carent was try'd and acquitted Mr. Henry Frier was condemned by them but when going to be executed in