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-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
be given of any Subject Tried but by Bill of Attainder in Parliament or by a Jury But all was but to charme a deaf Adder He was a gallant Gentleman and they durst not let him live The KING'S Library at St. James's was given I hear to that ignorant Stage player Hugh Peters 123. The Kings Library at Saint James's given to Hugh Peters 26. Febr. John Lylburne delivered to the Commons by the name of the Supreme Authority of England A Petition in the name of many thousand wel-affected with a Book annexed entituled Englands new Chaines discovered The most material points thereof are 124. L. C. Lylburnes Petition to the House with Englands new Chaines annexed See the Hunting the Foxes c. pag. 8. that they find fault with The Agreement of the People presented to the House by Lieu. Gen. Hammond from the Officers of the Army because 1. They like not there should be any intervals between the end of this Representative now sitting and the beginning of the next whereby during the said Intervall the Supreme power will be left in the new erected Councel of State a constitution of a new and unexperienced nature which may designe to perpetuate their power and keep off Parliaments and Representatives for ever 2. They conceive no lesse danger in that it is provided that Parliaments for the future are to continue but 6. months and the Councel of State 18. Months in which time having command of all the Forces by Sea and Land they will have great opportunities to make themselves absolute and unaccountable 3. They are not satisfied with that Clause in the said Agreement That the Representative shall extend to the erecting and abolishing Courts of Justice since the alteration of the usuall way of Trialls by 12. sworne men of the Neighbour-hood may be included therin as hath lately been done by erecting a new High Court of Justice criminall under a President and Commissioners or Tryers picked and chosen in an unusuall way all liberty of exceptions against them being over-ruled 4. They are not satisfied with that Clause in the Agreement That the Representative have the Highest finall Judgment since their Authority is onely to make Generall Laws Rules and Directions for Courts and Persons assigned by Law to execute them unto which the Representatives themselves are to be subject it being a great partiality and vexation to the People that the Law-makers should be Law-executors 5. They finde fault with the Excise calling it The great obstructor of all Trade farre surmounting Ship-money and all Patents Projects and Monopolies before this Parliament 6. The Act for Pressing of Sea-men 7. The General and Officers obstructing the Presse 8. The Chancery and Courts of Justice not regulated Hunting the Foxes p 8. sayes it was Iretons invention 9. They complaine That a Councel of State is hastily chosen as Guardians of the Peoples liberties with a vast and exorbitant power 1. To command order and dispose of all Forces by Sea and Land and all Magazines of Store in England and Ireland 2. To dispose all publique Treasure 3. To command any Person whatsoever before them to give Oath for discovery of Truth 4. To Imprison any that shall disobey their Commands and such as they shall Judge contumacious what now is become of Magna Charta and the Liberties of the People That no Mans Person shall be Attached or Imprisoned or Disseised of his Free-hold or Free-customes but by lawfull Judgement of his Equalls This Councel of State hath got all power into their hands a project long laboured and now their next motion will be pretending ease to the People to Dissolve this Parliament 10. The Petitioners complaine that in order to settle their Tyranny the Councel of Officers insisted upon it That a motion should be made to the House of Commons to enable them to put to death by Martial Law all such as they shall judge by Petitions or otherwise to disturbe the present proceedings whether Members of the Army or not And when it was urged That the Civil Magistrate should do it it was answered * The saying of Col. Hewson the one-eyed Cobler See Hunting the Foxes p. 10. They could hang twenty ere the Magistrate could hang one The prayer of their Petition is 1. That the Self-denying Ordinance be observed 2. That they would consider how dangerous it is to continue the Highest Military Commands so long in the same Persons especially acting so long distinct and of themselves as those now in being have done and in such extraordinary waies whereunto they have accustomed themselves which was the original of most Tyrannies 3. That they would appoint a Committee of Parliament-men to hear and determine all controversies between Officers and Officers Officers and Souldiers to mitigate the rigour of Martiall Law and to provide it be not executed upon any not Members of the Army 4. That they will open the Presses 5. That they will dissolve this Councel of State threatning so manifest Tyranny 6. That they will severely punish all such as acting upon any Order Ordinance or Act of Parliament shall exceed the power conferred on them After this came forth a second part of Englands new Chaines discovered 125. A second part of Englands New Chains setting forth the hypocrisie and perfidiousnesse of the Councel of the Army and the Grandees in cheating all Interests King Parliament People Souldiers City Agitators Levellers c. which tells you That the Grandees walk by no principles of Honesty or Conscience but as meer Polititians are governed altogether by occasion as they see a possibility of making progress to their Designs which course of theirs they ever termed A waiting upon Providence that under colour of Religion they might deceive the more securely It tells you their intent is to Garrison all great Towns to break the spirits of the People with oppression and poverty It farther Declares that these Grandees judge themselves loose when other men are bound all Obligations are to them Transitory and Ceremonial and that every thing is good and just as it conduceth to their Interests That the Grandees never intended an Agreement of the People but onely to amuse that party whilest they hastily set up a Councell of State to establish their Tyranny that to prepare the way to this they broke the House of Commons took away the House of Lords removed the King by an extrajudiciall way of proceedings and erected such a Court of Justice as had no place in the English Government That the remainder of the House of Commons is become a meer channell through which is conveyed all the Decrees and Determinations of a private Councell of some few Officers All these and the Votes That the Supreme power is in the people and the Supreme Authority in the Commons their Representative were onely in order to their Interests of will and power That they place their security in the divisions of the People That if the present House of
deserted or never taken the Covenant to carry on new designs for their own advantage do now mis-apply the title of Malignant and Rebell to those which fight for the Covenant because they will not change their principles with them for Company And upon this ground onely were the four Aldermen seven Lords Sir John Maynard c. impeached and imprisoned onely for such actions as the Covenant which they took by authority of Parliament bound them in conscience unto and for which they had a special Ordinance of Parliament made this very Sessions and not to raise a new War as was scandalously and violently enforced upon them Had it come to a new War it must have been laid at their doores that subvert the Principles in the Covenant Many have taken the Covenant in obedience to you and are bound up by it and now to leave other men at large not to take it and accuse them of Treason for endeavouring to keep it is very unjust You have lately promised the Scots you will adhere to the Covenant How can they believe this unlesse you injoyn all to take it And so long as you put all the Arms Garrisons and ships of the Kingdom and all places of power profit and preferment into the hands of Schismaticks and Antimonarchists whose principles and actings run counter to the Covenant and such as talk much of your service but have done onely their own in order to which they refused to obey you and Disband ravished the King from you at Holdenby kept you in wardship ever-since and dishonoured and brought you low 〈◊〉 treasonable scandalous threatning Engagements Declarati◠〈◊〉 Remonstrances and other Papers But those that would have had the Covenant current could not get the question put 96. Oâ—burn's information concerning a design to murder the King See The Independents loyalty a Book so called Upon Saturday 17 June 1648 about one of the clock afternoon most of the House being gone to dinner and very few Presbyterians left the Speaker of the House of Commons stood up and told the House that he had received Letters from Richard Osburn he that projected to deliver the King out of the custody of Colonel Hammond at Carisbrook-Castle that he conceived the Letters tended only to the setting of us altogether by the Ears and propounded whether they should be read or no some were against the reading of them but the Major part called to have them read which was doâ—e accordingly The Letter to the said Speaker had a copy of another Letter enclosed in it to the Lord Wharton which bore date 1 June 1648. to this purpose Giving his Lordship to understand That upon private conference with Captain ROLF a man very intimate with Colonel Hammond and high in the esteem of the Army the said Captain Rolf told him the said Osburn that to his knowledge Hammond had received several Letters from the Army advising him to remove the KING out of the way by Poyson or any other means for it would much conduce to their affairs But said Rolf Hammond had a good allowance for keeping the KING and is therefore unwilling to lose so beneficial an imployment But saith Rolf if you will joyn with me we will endeavour to convey away the KING to some secret place and we may then do what we will with Him Osburn offers in his said Letter That if he may come and go with safety he would come and justifie the same upon Oath He likewise writ to the Speaker of the Lords House about it Then was read Osburn's Letter to Mr. Lenthall Speaker dated 10. June 1648. containing the same Narration with an offer to appear and make it good upon Oath if he might come and go with safety and freedom The Clerk had no sooner done reading this Letter but with a slight neglect and the laughter of some Members the businesse was passed over without debate and Mr. Scawen stood up to propound a new businesse from the Army when presently Mr. Walker interrupting Scawen desired to speak a 〈◊〉 to the late businesse and asked Mr. Speaker from whence 〈◊〉 Letter came and who brought it the Speaker called upon the Sergeant of the Mace who Answered The Letter was given him at the door by a man that he knew not that he had many Letters and Papers thrust upon him of which he could give no account but he would endeavour to find the Messenger Then Mr. Walker urged that such an information coming to the House ought not to be neglected whether true or false but to be examined and sifted to the bottom If the KING should die a naturall death or any mischance befall him the People calling to mind how little care we had taken of his safety would never be satisfied with our protestation and moved that a Committee might be named to examine Osburn Rolf Hammond and such others whose names should occur in the Examination This was seconded by Sir Simond Dewes Mr. Henry Hungerford Mr. Edward Stevens and some others who pressed it farther but received a slight Answer That those that desired to examine the businesse knew not where to find Osburn That Osburn was a Malignant and had attempted to set the KING at liberty To which Mr. Walker replied That the other day we had named a Committee to examine the businesse concerning the Foot-boy that strook Sir Henry Mildmay and yet we neither knew then where to find the Foot-boy or what his name was If we do but publish that Osburn shall with freedom and safety come and go in case he appear to make good his Charge either he will appear or we shall declare him an Impostor and punish him when we take him and clear the reputation of those upon whom this Letter seems to reflect Consider how vast a difference there is between beating a Subject and Killing a King And if Osburn whom I know not be a Malignant yet unlesse you can prove him a Nullifidian or a person convict of Perjury both according to the Rules of Christian Charity and in the charitable intendment of our Laws his Oath is valid and good Then Tho. Scot stood up and said That this pressing for a Committee to examine this businesse was but a device to draw Colonel Hammond and Rolf up to Town to be examined that the KING might the easier make an escape And Sir John Evelin of Wilts alleged that he conceived this was an invention of Osburns to bring the King to Town with Honour Freedom and Safety Then Walker stood up again but was interrupted by Master Hill and not suffered to speak having already spoken twice At the end of almost every motion made for a Committee to examine the businesse either Mr. Scawen or Major General Skippon stood up and offered to divert the businesse by new matter concerning the Army which usually beareth all other businesses down before it At last those few that moved for an Examination of this Information having spoken as often as the
take in them whose miseries we foresee but cannot help When I consider the intricacy of this my undertaking how perplexed it is how intangled with various changings counterchangings revolutions revoltings and betrayings of Parties such are all Civil Wars but especially those where the most uncivil and barbarous sort of men the dregs and lees of the People swim a top how full of divisions and subdivisions insomuch that they who are Friends and hold together in one Interest or Faction are Opposites in another Methinks my labour is as vain as his that attempted to take the Picture of Proteus or his that endeavoured to shape a Garment for the Moon When God brought a confusion but of Lips and Tongues upon Babel what man was able to reduce them into order again But God hath brought upon us a Confusion a Babel not onely of Lips and Tongues but of Heads Hearts Hands c. What Historian can finde a method in so universal a Chaos can draw light out of so palpable a darkness Besides I foresee my reward to be envy hatred malice contempt slanders sequestration beggery imprisonment and at last an Arbitrary death without any legal trial proceedings Jury Judges or Court or any known established Law to judge by Obsequium amicos veritas odium parit I have already followed truth so near at the heels although but a private retainer to her that almost all my teeth are secretly stricken out what dare they not now do openly against me since by murdering our King dis-inheriting his Posterity subverting Monarchical Government abolishing the House of Lords and perverting the House of Commons setting up new Representatives with Supreme and Legislative Power and new Courts and Jurisdictions against all Laws they Proclaim themselves Conquerours of King Parliament and Kingdome Victors of our Religion Laws Liberties and Properties and Triumphers over our Persons Wives Children and Estates since they profess their will and power to be the onely Laws and Rules of their doings and our sufferings But when I consider that as no mans inncency so no mans reservedness can protect him but that some men must dye according to Catilines rule to make up the number others to multiply confiscations others to satisfie private suspicions malice and revenge and they must dye to cement and foment this new erected Tyranny with their blood I thought it as easie and more honourable to dye waking and working for my God my King and Country than to dye sleeping and have my throat cut in a Lethargy I know these Schismaticks thirst as much after blood as they hunger after money and I am sure to be involved in the common and inevitable ruine of my Country why should I not rather perish for it now then with it hereafter It is more manly more noble more Christian Dulce decorum est pro patria mori was the saying of an Heathen why not of a Christian Religion Laws and Liberties lye now at stake why should not I come in for a Gamester It is a mixt cause and he that dyes for it is a Martyr He that fears Death must be a slave to those Tyrants that carry the Sword he that fears Poverty must be a Villain to those Judasses that bear the Purse but hee that fears God will borrow strength from him to contemn them both Thus putting my trust in God I put Pen to Paper and put my life into the scales where God I know holds the ballance he whose providence takes notice of a Sparrow falling from the house-top will watch over me and either protect me against them or receive me from them 2 An Introductory Repetition See my 1 Part of the History of Independency sect 7 8 9 10 11 13 14. Cromwel and Ireton by advice of their thriving Junto of Independents in the two Houses having mutinied the Army against their Masters the Parliament found that crime could not be defended but by committing greater wherefore they seized the Kings person at Holdenby to gain Authority with the People that they might the better subdue the Parliament to their lusts for the better expediting whereof Sect. 18 119. they courted the City of London to sit Neuters and let them work their wills with the Parliament which Myne not taking fire they united the schismatical party of the City and Country to them and all such as being guilty of publick cheats and spâ—â—ls desired the protection of the Sword to make good their rapines and accounted all men else as Enemies applying themselves to wooe and cajole the People easily wrought upon as being weary of the War and of the mis-government Factions confusions and oppressions of their new Masters the Parliament which indeed were very great but aggravated by them and their Agitators beyond the truth and the whole weight of them charged upon the more moderate and innocent party onely because they were their Opposites whereas had they set the saddle upon the right horse as sure as Judas bore the Bag the Independents must have rid before the Cloakbag they being the Publicans and Sinners that handled most publick treasure The Layers on Exactors Treasurers c. of Taxes the far more numerous and busie party in all Mony-Committees and gainful imployments Engrossers of all great Offices and the greatest sharers of publick money amongst themselves for Compensations for Losses and Rewards for Services pretended and consequently that Faction were the greatest Dilapidators of the Commonwealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent Faction lay their Bastards at other mens doors making a shew to redress those faults in other men which themselves are chiefly guilty of wherefore the better to ingratiate themselves with King and People they printed and published Ingagements Declarations Remonstrances Manifestoes Proposals and Petitions of their own penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steal the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publick Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Laws Liberty and Property Setlers of Religion Maintainers of the Privileges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives with honour freedome and safety to his Person originally their own words Book of Declarations of the Army pag. 112. Represent of the Army at S. Albons June 23. 1647. B Decl. again p 64. Sir Tho. Fairfaxs Letter to the Houses from Reading July 6. 1647. B. Decl. again p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 13 14 43. and my Animadversions upon the Armies
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
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch Scottish Colchester and other Prisoners imposed by way of Sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher Faction whatsoever which may arise should at any time hereafter get the upper hand by the peoples general adhering to them or any divisions of the Army or by any means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present General Councel of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnatural tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70 of the Commissioners present Then the King was brought to the Bar by Col. Hacker with Halberdiers the Mace of the Court conducting him to his chair within the Bar where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation Prove this power and trust The whole Kingdom in effect deny it So do all our law-Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First January 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
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-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-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
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
afteroon they having already in their wills and power to dispose of the Kings Queens Princes Dukes and the rest of the Childrens Revenue Deanes and Chapters Land Bishops Lands Sequestred Delinquents Lands Sequestred Papists Lands Compositions of all sorts amounting to Millions of money besides Excise and Customes yet this is not enough although if rightly husbanded it would constantly pay above one hundred thousand men and furnish an answerable Navy thereunto But the people must now after their Tradeâ— are lost and their Estates spent to procure their Liberties and Freedoms be Assessed about 100000 l. a Moneth Master Boon a Member of the House lately a Tapster hath 6000 l. given him Sir Arth Hazelrig 3 great Manours Bishops-Aukland Evâ—r-wood and another Col. Bâ—rkstead the pitiful Thimble and Bodkin Gold-smith bought as much Bishops Lands as cost 10000 l. at two or three years purchase and hath already raised his money that so they may be able like so many Cheaters and State-thieves to give six eight ten twelve fourteen sixteen thousand pounds a piece over again to one another as they have done already to divers of themselves to buy the Common-wealths Lands one of another contrary to the duty of Trustees who by Law nor equity can neither give nor sell to one another at two or three years Purchase the true and valuable rate considered as they have already done and to give 4 or 5000 l. per annum over again to King Cromwell as they have done already out of the Earl of Worcesters Estate c. besides about 4 or 5 l. a day he hath by his Places of Lieu. Generall and Colonel of Horse in the Army although he were at the beginning of this Parliament but a poor Man yea little better than a Beggar to what he is now as well as others of his Neighbours 147. A Petition in behalf of Io Lylburn and his company 2. Aprill 1649. A Petition subscribed by divers Persons in behalf of John Lilburn and his company was presented to the Commons wherein amongst other things are contained these three just demands 1. That no man be censured condemned or molested but for the breach of some Law first made and published to the People whereby is avoided that uncertainty and howerly hazard that otherwise every man is subject to both in respect of his Estate Liberty and Life 2. That every crime have not onely its penaltie annexed hut together therewith the manner and method of proceedings ascertained 3. That the execution of Laws be referred to ordinary Magistrates and Officers by Law deputed thereto and that the Military power be not used but where the Civil is so resisted as that of its own strength it is deficient to enforce obedience 148. Itinerant Ministers an invention to undermine our Orthodox setled Ministers and infect the people with Schismes and Anarchicall principles sutable to the many-headed tyranny of the Grandees Aprill 12. 1649. It was referred to a Committee to consider of a way how to raise Pensions and Allowances out of Deans and Chapters Lands to maintain supernumeracy Itinerant Ministers who should be Authorized to go up and down compassing the earth and adulterate other Mens Pulpits and Congregations and put affronts and raise factions and scandals upon such orthodox and conscientious Ministers in order to their Sequestration as cannot frame their Doctrine to the damnable practises and Anarchicall principles of the times These wandering Apostles are to preach Antimonarchicall seditious doctrine to the people sutable to that they call the present Government to raise the rascall multitude and schismaticall rabble against all men of best quality in the Kingdom to draw them into Associations and Combinations with one another in every County and with the Army against all Lords Gentry Ministers Lawyers rich and peaceable men and all that are Lovers of the old Laws and Government for the better rooting of them out that themselves alone may inhabite the earth and establish their new tyranny or Kingdom of the Saints upon the ruines of our ancient Monarchy These men like Balaam shall bless and curse for hire and vent State-news State-doctrine and poison the people with such changeable and various principles as from time to time shall be dictated to them by those Pseudo-polititians as now sit at the Helm they shall cousen the people with pretended Illuminations Revelations and Inspirations and pour out all the Vials of Gods wrath amongst them Cromwel and Ireton and their Faction 149. A fraudulent Reconciliation and uniting of Interests attempted with a mock-fast for that purpose having formerly deluded all the Interests and Parties of this Kingdom were arrived to that height of impudence as to endeavour to cheat them all over again they had by murthering the King abolishing the House of Lords putting an execrable force upon the far major part of the House of Commons making themselves and their Party a tyrannical Councel of State to usurp the Supreme power and Government endeavouring a Toleration of all Religions attempting to take away Tithes See a Paper called Arguments against all Accommodation between the City of London and the engaged Grandees of the Parl. and Army And A seasonable Caution to the City of London printed at the latter end of Relation and Observations Hist and Pol. c. mocking and then tyrannizing over that part of the Army they please to miscall Levellers distracted and discontented all Parties within the Kingdom and stirred up all the Princes of Christendom to defend the common Interest of Kings now controverted in England This cloud threatned to pour down a new War upon them to provide a remedy therefore for this sore Cromwel moved in the House of Commons That the Presbyterian Government might be setled promising his endeavors thereto but whether he meant a Classical or Congregational Presbytery which differs little or nothing from Independency he did not declareâ— and here lyeth the fallacy he likewise moved That the secured and secluded Members might again be invited into the House they sent their Agents both Lay-men and Ministers amongst whom Mr. Marshal Nye Carrell Goodwin and Hugh Peters were chief to cajole and decoy the Ministers Citizens and the expulsed Members with discourses and propositions they told them The Presbyterians had differed from the King in point of civil Interest which was more irreconcileable than that Interest of Church-Government whatsoever shew was made to the contrary They will not endure to hear of the KING' 's exemplary patience and Christian charity to all nor of His precepts and strict injunctions to His Son of clemency and abstinency from revenge contained in His last Book The Pourtraicture of His Majestie These things will both apologize for our young King and condemn our bloody vindicative Saints That the Presbyterians as well as the Independents made War against the late King brought Him low and prepared Him to receive his late deadly Blow from the Independents and therefore the King would look upon
166. A debate how to defeat Judgments Extents c. upon Delinquents lands sect Extents c. lying upon Delinquents Estates you see notwithstanding their Declaratory Vote That in things concerning the Lives Liberties and Propâ—rties of the People they would maintain the known Laws of the Land yet this Vote as well as all others hath a condition implied that is do no wayes hinder the Gains of our godly Grandees otherwise they would not consider how to defeat Creditors of their legal assurance John Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen Ink or Paper 167. John Lilburne starving imprisonment in the Tower which was tyranny under King Charls but not under K. Oliver a Petition was presented to the Commons by many well-affected that John might have the allowance usually and legally due to Prisoners in the like case for his support The allowance is 4 l. a Week as I conceive which was rejected insomuch that John was kept 3 whole dayes with one half meales meat this is to condemn men unheard to be murdered by famine in their private slaughter-houses when they cannot or dare not murder them in their pretended Courts of Judicature or publick shambles yet afterwards when the drawing together of the Levellers and discontents of Newcastle affrighted the Commons they Voted him the short allowance of 20 s. a week Thus you see nothing but feares and dangers can kindle the least spark of goodness and compassion in their woolvish breasts wherefore Lord I beseech thee heap fears and terrors upon their guilty pates till with Judas Iscariot they cry out We have sinned in that we have betrayed innocent blood 168. Why Ireton laid down his Commission Cromwel being to march against the Levellers left Ireton behind him like a hobby daring of larks to over-awe the Conventicle at Westminster and see they chaunt no tune but of their setting the better to keep himself in a neutral reconciling posture Ireton laid down his Commission which he can take up again at pleasure whereby he puts off all addresses to him from the levelling party for the present This poor fellow now keepeth his golden Coach which cost 200 l. and 4 gallant Horses The world is well altered with such petty Companions and hereby the Souldiers may see what becomes of their Arrears There hath been a seeming falling out between Cromwel and Ireton 169. Hugh Peters â—isits J. Lilâ—urne in the Tower and â—he sum of â—heir Conseâ—ence Witness his â—ampering with Hamilâ—on c. John Lilburne being a close Prisoner in the Tower as hath been said Hugh Peters Chaplain in Ordinary to-two great Potentates Lucifer and Oliver came about dinner-time May 25. 1649. to visit him and though admittance be denied to other men yet to him the Gates flew open as sure as Saint Peter keeps the keyes of Heaven Hugh Peters keeps the keyes of our Hell and our Grandees Consciences and openeth and shutteth at pleasure he is Confessor at Tyburn and hath a great power over damned Spirits or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks incur their condemnation in this world by Gods permission in order to their salvation in the next world the tyranny of these Usurpers implying at once their cruelties over our bodies and Gods mercy to our souls Hugh's first salute was That he came meerly to give John a visit without any design his guilty conscience prompting him to a voluntary Apology John answered I know you wel enough you are one of the setting Dogs of the great Men of the Army with fair and plausible pretences to intimate into men when they have done them wrong and to workout their designs when they are in a strait and cover over the blots that they have made Then John complained of the ‖ Compare this Act of the Kings with the violent act of those Traytors and Tyrants Fairfax and his Councel of War in imprisoning and secluding above 200. Members at once without cause shewn and leaving only 40 or 50 of their cheating Faction in the House to carry on their bloody Anarchical designs some of which secured Members with barbarous usage were almost brought to death and their murder since attempted by Souldiers illegal and violent seizing upon him by Souldiers and carrying him before that new erected thing called A Councel of State who committed him without any Accusor Accusation Prosecutor or Witness or any due process of Law and yet when the King impeached the five Members and preferred a Charge of high Treason against them Recorded 1. part Book of Decl. p. 35. and only failed in a single punctilio of due process of Law they cryed outs it was an invasion of the Peoples Liberties so that four or five Recantations from him recorded in their own Declarations would not serve his turn Peters half out of countenance if so prostituted a Villain that practises impudence amongst common Whores and whose Pulpit is more shameful than another mans Pillory can be out of countenance takes up one of Coke's Institutions and pofessed Lilburn was meerly gulled in reading or trusting to those Books for there were no Laws in England John answered he did beleeve him for that his great Masters Cromwel Fairfax c. had destroyed them all Nay quoth Hugh there never were any in England with that John shewed him the Petition of Right asking him whether that were Law which Peters had the impudence to deny asking what Law was John replied * The Law is now taken away and all things in confusion by turning our Monarchy without or consent into a Free-State of Slaves governed by Tyrants out of the Parliaments own Declarations The Law is that which puts a difference betwixt good and evil just and unjust If you take away the Law all things will fall into confusion every man will become a law unto himself which in the depraved condition of humane nature must needs produce great enormities Lust will become a law Envy a law Covetousness and Ambition will become laws and what dictates what decisions such laws will produce may easily be discerned This Mr. Peters is a Definition of Law by the Parliament in the dayes of their primitive purity before they had corrupted themselves with the Commonwealths money And elsewhere the Law is called The safeguard the custody of all private Interests your honours lives liberties and estates are all in the keeping of the Law without this every man hath a like Right to any thing It is the best birth-right the Subject hath It is a miserable servitude or bondage where the Law is uncertain or unknown To this the Comick Priest replied I tell you for all this there is no Law in this Nation but the Sword and what it gives neither was there any Law or Government in the world This doctrine of Devils that it is lawful to submit to any present power that is strongest is
England although I dare say at least five hundred to one if they were free from the terrour of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Power of the Nation under them This was purposely so contrived to ingage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publick disclamour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegal Common Councel newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designs and intangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrews Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharisaical House of Commons voted an Act June 1. 171. A Thanks-giving Dinner in the City for the General c. for a day of Thanks-giving to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councel of State the General and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for the Relief of Ireland to ingage the City farther to them Cromwel had the Chair in that Committee the device was that the Common Councel should invite the Parliament Councel of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the Thanks-giving white-broth and custard had been bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast down with another for the glory of his own Name and that he might have occasion to purge the Army as he had done the Parliament of all free-born humours 172. The Councel of State sit in pomp at White-hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councel of State sit in as much state and splendour with their Rooms as richly hanged I wish they were so too and furnished if you will believe their licenced news-News-books as any Lords States in Europe yet many of these Mushromes of Majeâ—ty were but Mâ—chanicks Gold-smiths Brewers Weavers Clothiers Brewers Clerks c. whom scornful Fortune in a spiteful merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turn them into the Tyring Room out of their borrowed cases and shew us that our Lions are but her Asses The Kings poor Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the Kings Goods to pay their Debts they poor Souls are left to starve while these Saints Triumphant revel in their Masters Goods and Houses 173. A general survey to be taken of the whole Kingdome that every mans Estate both real and personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans estate real and personal wherein good progress hath been made already the like is to go forth throughout the Kingdome That our forty mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Nation may take an exact survey in imitation of William the Conquerors Book of Survey called Domes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of June 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to inable Committees to give Oaths in some cases and yet the House of Commons never had nor pretended to have power to give Oathes themselves though every Court of Py-p wders hath because the House of Commons is no Court of Judicature but only the Grand Inquest of the Kingdome to present to the King the grievance and the necessities of the People by way of humble Petition as appears by the law-Law-books and Statutes and therefore the Commons can grant no more than they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintain it they and we must be what they please yet I must affirm that to take illegal Oaths is never justifiable before God nor Man and no less than damnable But it may be that by accustoming the People to take these new-imposed illegal Oaths they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their own Damnation together hereafter All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saint-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would finde money enough The like attempt onely in the Kings time was cried out upon as a high piece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glass of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and down like our own Ghosts who having lived under the Monarchy of Good King CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. June 176. The aforesaid Thanksgiving solemnized 1649. the Thanks-giving spoken of Sect. 172. was solemnized in the City The Lord Mayor meeting the Speaker resigned to him as formerly was used to the King the Sword of State as had been ordered by the House the day before and received it again from
to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles * 182. The pretended Parliaments Councel of State and Officers confederated with Oneale See An After-game at Irish c. 1649. and the Propositions pâ—inted at Cork and reprinted at London From June 6. 1649. June 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here and Owen Roe Oneale which is now openly declared and avowed by their own licenced News-books Owen Roe and Colonel Monk are joyned saith the Mâ—dest Narrative our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke saith the Scout Owen Roe and Berne are come towards Col. Jones and Col. M nks Quarters he is so fair as to pay Contribution his Quarters are to the Scots side of Dublin to prevent their giving aid to Ormond in his attempt upon Dublin Moderate Intelligencer from June 7. to 14. 1649. num 221. who can blame necessity nor doe our Grandees now deny this Confederacy with the bloody Popish massacring Rebels although they had the impudence to make the only supposition thereof one of the principal Charges against the late King and to raise a great out-cry against the Marquess of Ormond and Lord Inchiquine for their conjunction with Pr ston yet they joyned but to prevent the Cromwelists who offered to associate with him upon conditions much more prejudicial to the Protestant Religion and English Interests than Ormond hath given them They have offered this Oneale all the Lands in Vlster forfeited by his Grandfather Tyrone Shane Oneale and others attainted thereby destroying the British Planters there and this is the reason they imploy so few old Irish Commanders into those parts lest the Oneals should doubt they came to recover their own lands again But our Atheistical Saints account themselves loose when other men are bound nothing but a halter can hold them all obligations to men all duties and vowes to God See the Councel of Wars Answer concerning the secured and secluded Members from 6. June to 13. num 3. they break upon pretended necessity and honest intentions Their Metropolitan Nuntio Judas Haclet tells you Their Party will not joyn with the bloody Irish until they are brought to such a pinch as to say Flectere sinequeo superos Acheronta movebo If God will not be the Author and Patron of their Designs the Devil shall you see these Independents hang between God and the Devil Michael and the Dragon not resolved which part to take Be it known unto all men by these presents 183. Parker the Observator that Harry Parker the Observator is returned from Hamborough and highly preferred to be Brewers Clerk alias Secretary to Cromwâ—l to whose Designs he hath prostituted his pen. There is lately come forth a Book of John Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Book the Tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied to no obligation to God or man wherein he undertaketh to prove That it is lawful for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due câ—nviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwels Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my self to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turn all his Arguments into Syllogismes and then he will find them to be all Fallacieâ— the froth of wit and fancy not the Dâ—ctates of true and solid Reason 2. That for the Historical or narrative part he would throughly examine them and he will find few of them consonant to the plumb-line of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by their name yet the Persons confederated were then extant and active being a complication of all Antimonarchical Anarchical heresies and sâ—hismes Anabaptists See the Mystery of the two Junto's Presbyterian and Independent Brownists Barrowists Adamites Familists Libertines of all sorts the true Heires and Successors of John of Leyden and Knipperdolling in all their principles aad practices united under the general Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the War against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Withes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there always lay hid some evasion equivocation or mental reservation which like a back-door gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necessitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first General the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Saâ— and others of the like stamp and had a clause in his Commission to forbear the King's Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especial instance Monday 18. June 185. L.C. Lilburns Book The Legal fundamental Liberties of the People c. 1649. came forth that most useful Book of John Lilburns called The Legal fundamental Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Laws Liberties and Property consuming us with illegal Taxes Excise Free-quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamental Government of this Nation in order to which they have complied with and cheated all Interests broken all
without Order 60000 l. a month was thought abundantly sufficient to pay the Army and take off Free-quarter And why this Tax should now be raised to 90000 l. a month when sundry Regiments of it are Assigned for Ireland and yet Free-quarter continued is a mystery of Iniquity which fills the Saints pockets with Mony and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forreign Invasions than a Mercinary Army Therefore there is neither necessity nor publick utility in keeping up this Army or raising Taxes to maintain them or pay their pretended Arrears The Free-quarter they have taken in kinde and leavied in money will treble their Arrears and make them much indebted to the Country Thus far and much farther Master Pryn whose whole Book at large I commend to all mens serious perusal The Marquess of Ormond's happy atchievments in Ireland beginning to look formidably 204. Cromwel sets sail for Ireland had cooled the heat of K. Oliver's courage though not of his Liver insomuch that he and his intimate friends began to project how without loss of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delays were used in Shipping his Men. Haslerig and his Party reported great terrours from Scotland Oliver and his Blood-hounds of the Faction made a shift to smell out a silly Plot in Dorsetshire for surprisal of Weymouth and Portland for the KING now laughed at and exploded by their own news-News-books And the tender-conscienced Brethren were prompted to apprehend their own dangers and put into a Petitioning posture That such a Worthy of Israel such a chosen Instrument of Gods mercy might not in a time of danger leave the Land of his Nativity the Habitation of the Saints to seek forraign adventures in a Heathen Land Whilst these preparations were making to withdraw Olivers stake he appeared not openly in them but making more shew of the Lions skin than the Foxes had written to Col. Jones how heartless his Souldiers were and that unless Jones did by some successeful Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chessenuts out of the fire with the Cats foot to take a presage of his own successe at Col. Jones hazard Jones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the news first came to Town the Lion is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sin or at least without imputation of sin for the good Cause either in Re or in modo Rei in the matter or manner in the thing or the extent thereof yet this success was enough to invite Cromwel over to pursue the Victory and partake of the spoils if not to usurp the whole Honour of the Atchievment to himself by his accustomed special prerogative So upon the 16 or 17. of August K. Nol set sail towards his new Principality carrying contrary to the custome of the Sea his Lanthorn in his Proawe not in his Poop where we will leave him for the present to his adventures 205. The Association between O Neale and C. Monck See the Paper at large I have formerly hinted to you the Agreement made between Colonel Monck in behalf of the Parliament of England and Owen Roe O Neale the massacring Irish Rebel I have now occasion to speak more at large of it and examine the truth of a Paper called The true state of the Transactions of Col. George Monck with Owen Roe Oneale as it was reported to the Parliament by the Councel of State c. Printed by Edward Husbands 15. August 1649. The said agreement made between the Antimonarchical Independent Party in Ireland and the massacring Antimonarchical Popish party under Owen Roe O Neale being a meer conspiracy to root out Monarchy and Protestancy first in Ireland and then in England and a second crucifying of Christ in his members between two Thieves the Schismatick and the Papist was so generally abhorred by the English Souldiery that many there took occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwel in so wicked an expedition Wherefore Cromwel writ Letters to his Creatures of the Councel of State by Monck himself complaining how much the miscarriage of that Agreement had retarded his said Voyage desiring them for satisfaction of the Souldiery and People to Treat with Monck to take the whole businesse upon himself and to clear the Councel of State the Parliament and Cromwel himself from having any hand at all in it which upon Terms of safety and advantage he said he already found him inclinable to do The better to carry on the scene this Agreement was with much heat of zeal complained of in the Apocryphal House of Commons by a Brother who had his cue before-hand and by the Juncto was referred to the Councel of State as was forelaid where their High and Mightinesses after some private conference with Monck to accommodate the business voted their dislike of it Scot having studied the Politiques in a Brewers Tally is become a great States-man in our new Babel See the said Paper The true state c. Bradshaw reprehending Monck in jest therefore And at last they Ordered That the whole business with Moncks Reasons for his justification should be reported by Thomas Scot to the House of Commons which was accordingly done Upon Friday 10. August Monck was called in to the Bar where amongst other things the Speaker asked him What Persons he meant in his Letter to the L. Lievtenant of Ireland wherein he saith He made the Agreement with O Neale with the advice of some others Monk answered that he did it upon his own score without advice of any other person onely having discourse with Colonel Jones Jones told him if he could keep Owen Roe and Ormond from joyning it would be a good service This Answer such as it is was taken for satisfactory in so Comick an Interlude The next demand was Whether he had any Advice or Directions from the Parliament Councel of State Lord Lievtenant of Ireland or any other Person here to do the same which he did expresly deny saying he did it upon his own score Hereupon the House voted as followeth Resolved c. That the House doth utterly disapprove of the proceedings of Col. Monck in the Treaty and Cessation as they please to call it made between him and Owen Roe O Neal and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there who have had their hands in shedding English blood Nevertheless the House being satisfied that what the said Col. Monk did therein was in his apprehension necessary for the preservation of the Parliament of Englands Interest
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 law- 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
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
Liberty of Priviledged Spies speak bold language to draw other men into danger and plot conspiracies which themselves detect and are rewarded like Decoy Duckes for their paines Of this sort are Bernard and Pits set no work to betray Gell and Andrewes as aforesaid For which Bernard had 300 l. and a Troop of horse conferred upon him Johnson that falsly accused Sir Robert Sherly and Colonel Egerton for their charity in relieving his wants is another Varney is a Fourth So well are they fitted with these Sonnes of Belial that no Naboth can keep his Vineyard if a Grandee cast a covetous eye upon it they can prove what they list Nay it is usuall for our Grandees to molest one man with examining him 20. or 30. severall times against one Prisoner and upon one point to distract his memory and not to let him be quiet untill he perceive he must speak what their questions and discourses lead him to to redeem himself from vexation To say nothing of their Menaces To torture men if they will not confess what they impudently pretend is already discovered by other meanes And their insinuating into the Affections of witnesses by asking them Whether the State doth not owe them money And why they do not use fitting meanes and opportunities to recover it And why they do not make meanes for some beneficiall employment 5. In Magna Charta chap. 29. it is enacted That no Freeman shall be taken or imprisoned or be disseised of his Free-hold or Liberties or Free-Customes or be outlawed or exiled or any otherwise destroyed nor we will not passe upon him or condemn him but by lawfull Judgement of his Peers or by the Law of the Land We will sell to no man we will not deny or defer to any man Justice or Right See Statute 2. Edward III. chap. 8. 5. Ed. III. chap. 9. 14. Ed. III. chap. 14. 25. Ed. III. chap. 4. 11. R. II. chap. 10. Pet. of Right 3. Car. 1. 10. Edward IV. fol. 6. Dier folio 104. Cook lib. 5. folio 6. lib. 10. folio 74. lib. 11. folio 99. Regist folio 86. Where note the word Peers signifies that no man is to be condemned or destroyed but by the lawfull verdict of a Jury of 12. sworn men of the Neighbourhood where the Fact was committed because in probability Neighbours may have best cognisance of the Fact and of the life and conversation of the Party Accused And these only are Competent Judges of Matter of Fact and in many cases of Matter of Law too if they will take the knowledge of the Law upon them Neither can this Petty Jury of 12. men go upon the Prisoner unlesse a Bill of Enditement containing the whole Matter of charge be first found in open Court by a Grande Jury or Enquest of sworn men who are to enquire of the Fact upon the Oathes of two lawfull witnesses at least to every materiall Point of the Enditement and then when the Grande Enquest are all agreed the Foreman endorseth upon the back of the Bill Billa vera and then presents it in open Court as the Information for the King of the whole Enqueste otherwise the Enditement is quasht and null Cookes 3. Instit chapter High Treason and Petty Treason And whereas the Statute saith but by his Peeres or by the Law of the Land Lex Terrae signifies The Antient Customes of the Land Amongst which Fundamentall Customes Trialls by Juries hold a principall place And when the King Charles I. accused this Parliament That they disposed of the Subjects Lives and Fortunes by their votes contrary to the known Laws of the Land This Parliament in their Remonstrance Sept. 1642. 1. Part of the Book of Declarations fol. 6 9 3. highly resented it And Magna Charta being nothing else but an Affirmation of the Common Law inserted this Clause or by the Law of the Land as a speciall caution not to annihilate or frustrate no not so much as tacitely or by preterition any of the said Fundamentall Lawes or Customes nor any other particular lawfull Customes which are not one and the same in all parts of England Witnesse the Custom of Gavelkind in Kent I have told you what our known antient Legal Courts of Justice do And I must tell you that Legal formes and set Modes of proceedings are so essentiall unto Justice that without them we can not measure the Rectitude of Obliquity of Justice or Injustice where they do not chalk forth the way both Judges Lawyers Officers and Atturneys will tread what subtle obscure pathes they please usurp an Arbitrary power and latitude to prevaricate and so far corrupt and work the Law of their sense that they will rather Leges dare then Leges dicere so that what is Law in one mans case shall not be so in another mans They will so intricate and intangle causes that every case shall be Casus pro amico as Civilians call it when upon full hearing The Merits of the cause appear so equall and undistinguishable on both parties that the Judge may according to his discretion look upon the Merits of the Persons onely and give the cause Pauperiori viâ Charitatis or digniori ratione virtutis Justice not fixed by Formalities will become such a vagrant that no man shall know where to find her Let us now see what our new shambles our upstart High Court doth Which in this work of Reformation and Destruction so much abhorres Superstition and Ceremonies and sticks so close to a Summary way of proceeding that they have not onely stripped but flead her as their Masters the Parliament not onely fleece but flea the People In lieu of a Bill of presentment by a Grande Enquest the pretended Parliament or Counsell of State send a List of such Persons names as they have proscribed And set a Nigrum Theta upon as men dangerous to their designed interest to the Masters of their Slaughter-house The said High Court together with such Depositions as they have taken in corners against the Prisoners and this is such a forejudging of them that the said Court neither will nor dare acquite whom their Masters and Pay-Masters have precondemned Next Articles of Impeachment in nature of a charge are drawn up against the Prisoner although such Articles are nothing in Law which regards onely a Bill of Inditement Then the Prisoner after a close Imprisonment for he knows not what upon two daies warning is led to the Bar where the first work is to dazle his eyes amaze and distract his Judgement and Memory with the terror of their Souldiers the Numerousnesse high affronting words and looks of his Judges having thus mortified the Prisoner he is commanded to hear his charge read and bid plead to it Guilty or not Guilty If he own their Jurisdiction and plead the said Generall Plea they have him where they would have him they never ask him how he will be tried Whether by God and his Country For God hath no hand in
is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Trial of this Respondent he claims the benefit of Trial per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over-ruled And prayes that this his Answer and Salvos may be accepted and registred Eusebius Andrews WHereas mention hath bin made in several printed Books that John Fowke Alderman was one of those persons that did actually sit as Judges upon the Trial of his Majesty with the Councel and Attendants of the Court. And was in the number of the Judges at the Kings sentence of death These are to give notice to all men that the same is most false and scandalous as will many wayes appear And in particular by the Certificate of Henry Scobell Clerk of the Parliament in these words following ViZ. IN a Book Ordered by the Parliament to be kept among the Records of the Parliament read in the House the 11. of December 1640. and Entituled A Journal of the Proceedings of the High Court of Justice erected by Act of the Commons of England Entituled An Act of the Commons of England in Parliament Assembled for Erecting of an High Court of Justice for the trying and judging of Charles Stewart King of England In which Books are set down the Names of the Commissioners appearing each day in Court Having diligently searched the same the name of John Fowke Alderman of London is not therein mentioned as being present with the Commissioners at any meeting upon the said Trial either publike or private March 28. 1660. Henry Scobell Clerk of the Parliament THE HISTORY OF Independency The Fourth and last Part. Continued from the Death of his late MAIESTY King CHARLS the First of happy Memory till the deaths of the chief of that Juncto By T. M. Esquire a Lover of his King and Country Cicero Epist Lib. 2. Ep. 3. Civem mehercule non puto esse qui temporibus his ridere possit Id. Lib. 5. Ep. 12. Habet autem praeteriti doloris secura recordatio delectationem LONDON Printed for H. Brome at the Gun in Ivie-Lane and H. Marsh at the Princes Arms in Chancery-Lane 1660. TO THE SACRED MAJESTY OF Great BRITTAINS MONARCH The Triumphant Son of a most Glorious Father who was in all things More than Conquerour The Illustrious ofspring of a Royal Traine of ANTIENT PRINCES CHARLES The second of that Name Entituled PIOUS By the sole Providence of an Almighty hand of England Scotland France and Ireland King Defender of the Faith Restorer of the English Church unto its Pristine State and Glory Patron of Law and Liberty Not to be Seconded by any but himself Who is the best of Kings And of all Vertue to the World THE GRAND EXEMPLAR Most Dread Soveraign IT is neither arrogance nor ambition that makes me thus boldly to intrude into your presence for I know so great a Sun will quickly dazle my weak eyes but because the former parts were honoured with your royal Fathers name this therefore hopes to be sheltered under your Princely wing this but concluding what they begun and making you the happy repayrer of those Breaches which that powerfull and restless faction of Independency made on the Regalia of England that posterity may as well see in this their felicity by you in the ruine of that faction as formerly they read their own misery in the Treasonable actings thereof against his late Majesty of ever glorious memory I have no more but only to pray that you may in this World be blessed with the wisdom and happynesse of Solomon a peaceable long and all glorious Reign the age of Methuselah wherein you may enjoy the full contents of a most happy life and at last full of honour and dayes arrive to the perfect fruition of a more glorious Kingdom in Gods presence before whom is fullness of joy and at his right hand pleasures for evermore 29. Oct. 1660. This from his soul is the daily prayer of Your Majesties most faithfull subject and Servant T. M. To the Nobility Gentry Clergy and Commons of ENGLAND IT is I think more out of custome than necessity that I do at this time premise any thing the Subject whereof we treat having been fatally felt by most of the Nation in some way or other yet is it necessary that the history of such turgencies in the State should be communicated that posterity may hereafter see in their rise and fall the certain punishment of Treason though for a time guarded and upheld by armed violence and the highest policies of a subtle malice It is said of the Epicureans that though they acknowledged no providence nor any immortality of the soul and proposed pleasure as the only end of their lives yet they maintained most of them that they that were lovers of pleasure must of necessity be lovers of Justice and that without virtue it was not possible for men to live in true pleasure So as it was said of the Stoicks who were for the most part notable hypocrites that they spoke good things and did foul actions but that the Epicureans spoke and taught things that seemed foul and shamefull but did that which was fair and honest Certenly these two sects of Phylosophers might be the very parallel of our late times wherein our Stoicall Grandees could speak nothing but holiness where the practice of their lives was a continued series of horrid Treasons while a litle innocent mirth and freeness of speech was the greatest that lay or indeed could be cast upon integrity of their despised Antagonists so that we might see Cucullus non fecit Monarchum It had been well for England if the sad occasions of writing this history of the times had never happened but they have been And as our Saviour saith Offences must come but wo be to them by whom they come so then to declare the actings and their method and manner is but so to lay them open that they may for the future be the better avoided and prevented The knowledg of all persons the meaning of all matters Voss de sâ—ri Agâ— de art histor and the depth of all secrets is lockt up in history according to that of Vossius alluding to that of the Roman Poet Qui quid sit turpe aut pulchrum quid utile quid non Plenius melius Chrysyppo Crantore dixit And this I dare promise you in the ensuing Manual without too violent reflections to widen differences all the observations arising as naturally from the relations as suteable words do fitly supply the ready tongue of a Learned Oratour It is the general happinesse at this present that we can read the downfall of faction and rejoyce in the glory of restored Majesty with safety and content
the Law to a Committee of Parliament such as have gone beyond the Authority given by Parliament and sequestred men unjustly and so withheld their goods under pretence thereof and such as have leavied Taxes three or four times over are quit from private actions and the benefit of Law and Justice taken from the oppressed to secure Country Committees Sequestrators and others not Prerogative but Legislative Thieves contrary to Magna Charta which says nulli negabimus nulli differemus justitiam aut rectum We will deny nor defer justice and right to no man Oh prodigious acts and of greater Tyranny than any King ever durst adventure upon What is become of our National Covenant and the Parliaments many Declarations for defence of Laws and Liberty Or have we fought our Liberty into slavery By these devices the honest middle men of the House whose Consciences will not let them joyn in any faction to rend the Commonwealth in sunder are out of all possibility of repair and made contemptible as well by their own wants as the pride of the Grandees and in the end their poverty will enforce them to leave the sole possession of the House to these thriving Junto men who do beleaguer them therein making them for farther addition to their losses pay all taxes from which the thriving men go free so that the poorer part of the House pays tribute to the richer Nay it is farther whispered that at last the Junto men will quit the Parliament Privilege of not being sued purposely to leave these younger Brothers to the mercy of their creditors and disable them to sit in their House Another ambitious aym of those Junto men is their devise of referring all businesses of moment to Committees Committees of the Houses For the active speaking men by mutual agreement naming one another of every Committee or at least their confident Ministers do thereby fore-stall and intercept the businesses of the House and under colour of examining and preparing matters they report them to the House with what glosses additions detractions and advantages they please whereby the House judging according to their report oftentimes mis-judgeth and if it be a businesse they are willing to smother the Committees have infinite artifical delays to put it off and keep it from a hearing or at least from reporting By this means the remaining part of the House are but Cyphers to value and Suffragans to ratifie what is forejudged by the said Committees This usurpation of theirs is much helped by keeping the doors of their Committee-rooms shut and dispatching all affairs privately and in the dark whereas Justice delights in the light and ought to be as publick as the common air it being against its nature to be Chambered up and kept from the observation of eye and ear-witnesses And by their examining of men against themselves contrary to Magna Charta they much enlarge their power Parts of this project we may well call the Multiplicity of money-Committees as Goldsmiths-hall Haberdashers-hall Money Committees the Committee of the Kings Revenues Committee of the Army c. Where every mans profit and power is according to his cunning and conscience Hereby they draw a generall dependency after them for he that commands the money commands the men These Committee-men are so powerfull that they over-awe and over-power their fellow-Members contrary to the nature of a free-Paliament wherein the equality of the Members must maintain the freedom and integrity thereof and suppress factions The like may be said of such Members as in scorn of the self-denying Ordinances hold Offices by gift or connivence of the Parliament either openly in their own name Members holding Offices c. or secretly in the name of some friend Their offices inabling them to do courtesies and discourtesies And although there hath been a Committee appointed to certifie all pensions sequestrations offices imployments of advantage and profits conferred by the Parliament upon any their Members in which Committee Mr. Sands holdeth the chair yet is this meerly a formality to blind the eys of the World and fool the expectation of some losing Members who were then resolute to know who had already received satisfaction for their losses and how far they had out-run their fellow-Members therein Yet this Committee is now let fall no reports demanded of Mr. Sands and when any is to be made they are not unprovided of a means to make it fruitless by putting every particular to debate well knowing that no man will be willing to argue against the particular persons and merits of his fellow Members and thereby heap envy upon his own head besides the delay of a particular debate How frequently the Countrie Committees act contrary to the Laws of the Land Country Committees how they trample Magna Charta under their feet how boldly and avowedly they transgress all Orders and Ordinances of Parliament and break our Solemn League and Covenant how they ordinarily turn well-affected men out of their free-holds and goods imprison and beat their Persons without any known charge accuser or witnesse against them nay murther them as in the case of Doctor Rawleygh killed in prison at Welles by the Committees Marshal and the poor men murthered at Bridgwater whose bloods were shed like the blood of a dog and no real prosecution thereof how frequently they leavy one Taxe three or four times over and continue their leavies after the Ordinance expiâ—e How cruelly they raise the twentieth and fifth part upon the well-affected exercising an illegall arbitrary tyrannical power over their fellow Subjects far higher than ever Strafford or Canterbury durst advise the King to how ignorantly and unjustly they exercise a power to hear and determine or rather to determine without hearing or hear without understaâ—ding private controversies of Meum Tuum for debts trespasses nay Title and possession of Lands without either formality or knowledge of the Law not having wit manners nor breeding enough as being chosen for the greatest part out of the basest of the People for base ends to satisfie men with an outside or Complement of justice Insomuch that nothing is now more Common than an accusation without an accuser a sentence without a Judge and a condemnation without a hearing How they exclude all other Magistracy ingrossing to themselves the power of Sheriffs Justices of Peace Church-wardens c. in an Arbitrary way keeping Troops of Horse upon pay and free-quarter for their guards like the 30 Tyrants of Athens and if any man but speak of calling them to give an account they presently vote him a Delinquent and Sequester him If any man I say be so deaf as not to hear the loud universal out-crying of the people so great a stranger in our Israel as not to know these truths let him peruse M. Edward Kings discovery of the arbitrary actions of the Committee of Lincoln and the heads of Grievances of Glamorganshire printed 1647. where he may see these
things briefly Epitomized but to Historize them at large would require a volume as big as the Book of Martyrs These Committees are excellent spunges to suck mony from the people and to serve not only their own but also the Covetous Malicious Ambitious ends of those that raked them out of the dunghil for that imployment and do defend them in their oppressions who is so blind as not to see these men have their protectors the Daemones to whom they offer up part of their rapins to whom they sacrifice Occulta spolia plures de pace Triumphos If there be any intention to restore our Laws and Liberties and free us from Arbitrary Government it is fit these Committees and all associations be laid down having no enemy to associate against and that the old form of Government by Sheriffs Justices of the Peace c. be re-established and the Militia in each County setled as before in Lieutenants and deputy Lieutenants or in Commissioners The rather because the people are now generally of opinion They may as easily find Charity in Hell as Justice in any Committee and that the King hath taken down one Star-chamber and the Parliament hath set up a hundred Nor is it a small artifice to raise money by so many severall and confused Taxes Taxes Whereas one or two ways orderly used and well husbanded would have done the work 1. Royal Subsidie of 300000 l. 2. Pole money 3. The free Loans and Contributions upon the Publick Faith amounted to a vast incredible sum in money Plate Horse Arms c. 4. The Irish adventure for sale of Lands the first and second time 5. The Weekly meal 6. The City Loan after the rate of 50 Subsidies 7. The Assesment for bringing in the Scots 8. The five and twentith part 9. The Weekly Assesment for my Lord Generals Army 10. The Weekly or Monthly Assesment for Sir Thomas Fairfax Army 11. The Weekly Assesment for the Scotch Army 12. The Weekly Assesment for the British Army in Ireland 13. The Weekly Assesment for my Lo. of Manchesters Army 14. Free-quarter at least connived at by the State because the Souldiers having for a time subsistence that way are the less craving for their pay whereby their Arrears growing stale will at last either be frustrated by a tedious Committee of Accounts or forgotten in the mean time the Grand Committee of Accounts discount it out of the Commanders Arrears whereby the State saves it 15. The Kings Revenue 16. Sequestrations and Plunder by Committees which if well answered to the State would have carried on the work which thus I demonstrate One half of all the goods and Chattels and at least one half of the Lands Rents and Revenues of the Kingdom have been sequestred And who can imagin that one half of the profits and Goods of the Land will not maintain any Forces that can be kept and fed in England for the defence thereof 17. Excise upon all things this alone if well managed would maintain the War the Low-Countries make it almost their only support 18. Fortification-money c. By these several ways and Taxes about forty Millions in money and money-worth have been milked from the people and the Parliament as the Pope did once may call England Puteum inexhaustum yet it is almost drawn dry A vast Treasure and so excessive as nothing but a long peace could import and nothing but much fraud and many follies could dissipate and we ought not to wonder if it be accounted inter arcana novissimi imperii to be always making yet never finishing an account thereof And as they have artificially confounded the accounts by laying on multiplicity of Taxes Accounts so for the same reason they let the money run in so many muddy obscure chanels through so many Committees and Officers fingers both for collecting receiving issuing and paying it forth that it is impossible to make or ballance any Publick account thereof and at least one half thereof is known to be devoured by Committees and Officers and those that for lucre protect them By these means as they make many men partners with them in the publick spoyls so they much strengthen and increase their party whereby multitudo peccantium tollit poenam If these things were not purposely done 1. Our Taxes would be fewer in number Accounts again and more in effect 2. They would be put to run in one chanel under the fingering of fewer Harpies and perspicuous and true Entries made of all receipts and disbursments which would be publick to common view and examination The Exchequer way of accounts is the exactest antientest and best known way of account of England and most free from deceit which is almost confessed de facto when to make the Kings Revenue more obnoxious to their desires they took it out of the Exchequer way contrary to the fundamental Laws of the Land for both the Higher and Lower Exchequer are as antient and fundamental as any Court in England and put it under a Committee which as all other Committees do will render an account of their Stewardship at the latter day In the mean time divers of that Committee buy in old sleeping Pensions which they pay themselves from the first of their arrears yet other men that have disbursed money out of their purses for the Kings Service can receive no pay for any money laid forth before Michaelmas Term 1643. because forsooth then the Committee first took charge of the Revenue In the mean time the Kings Tenants and Debtors are deprived of the benefit of the Laws and Liberties of the subject which before they enjoyed all Debts and Moneys being now raised by the terrour of Pursuivants and Messengers whose Commissions are only to distrain and levy c. whereas formerly the Exchequer sent out legal Process and the Tenant or Debtor had liberty to plead to it in his own defence if he thought himself wronged but now New Lords new Laws and to countenance their doings the Committee have gotten an addition of some Lords to them 3. If there were fair play above board so many members of both Houses would not be ambitious of the trouble and clamour that attends Task masters Publicans and such sinners as sit at the receipt of Custome being no part of the business for which the Writ Summons or the people choose or trust them and whereby they are diverted from the business of the House but would leave that imployment to other men who not having the character and privilege of Parliament upon them will be lesse able to protect themselves and their agents from giving publick accounts of their receipts and disbursments and from putting affronts and delays upon the Committee of Accompts as it is well known some of them have done Lastly it is scandalous that the same men should be continued so long in their money-imployments because Diuturnitas solitudo carrumpunt Imperia and by long continuance and experience they