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
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
That the House is content the farther consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monck and the Play was done wherein take notice of these following Observations 1. The Armies Doctrine See the Answer of the Councel of Officers to the Parliaments Demand concerning their secured Members And their Answer thereunto and use of apprehended necessity and good intentions to justifie evil actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks ago publickly known in England and divulged in their own Licensed News-books was never scrupled until now That 1. the said Agreement was expired 2. That O Neale was so beaten by the Lord Inchiquine that he is as their own news-News-books say inconsiderable and must suddenly joyn with the Marquesse of Ormond or be destroyed 3. That these Votes call this * Let me not seem over-bold in maintaining a different opinion since Parliaments are no more infallible than Popes and all humane opinions are equal unless Reason make the difference I hope we have not lost our Reason with our Lawes and Liberties nor the exercise and use of it Agreement but a Treaty and Cessatiâ—n of Arms which I affirm to be a League Defensive and Offensive against Ormond Inchiquine and all that do and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith That upon all occasions both Parties be ready with their Forces to assist one another until a more absolute Agreement be made and condiscended unto by the Parliament of England This is beyond a Cessation 2. Article third saith That the Creaghts of Ulster residing within the Quarters of Col. Monck shall pay Contribution to General Owen Oneale This is a Concession of a great latitude far beyond the authority of any subordinate Commander or General and against the Lawes and Liberties of the Land to grant Taxes It should seem by this that Oneale and his Army were become Mercenaries taken into pay by Monck 3. Article fourth saith That if General Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond the Lord Inchiquine or any other Enemies of the Parliament of England and thereby spâ—nd his Ammunition if he be near unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchequine Besieged Dundalke I make the same interpretation of this Article that I have made of the third 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Moncks liberty which likewise is too much fot a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a War against Owen Roe and the rest in Arms in that Kingdom should dare to Treat and conclude an Agreement and conjunction with that very Enemy he had Commission to fight against without the knowledge and directions publique or private of those from or under whom he hath his Authority and should be so bold when he had done to come over and justifie his said doings notwithstanding they proved unprosperous Col. Monck being so much a Souldier as to know That all the world over to exceed the bounds of his Commission much more to act against his Commission as in this case is assured death without mercy both by the Law Martial without which Military Discipline will perish and by the Lawes of hur Land See the said Letter printed at the latter end of a Relation of the securing and secluding of the Members by the Army 5. Wherefore was Sir John Winter and Sir Kenelm Digby sent for over as was foretold by an intercepted Letter whereof of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neal privately entertained in England as I have formerly hinted but to drive on Treaties and Associations of this nature insomuch that long since it was whispered amongst Cromwels party in England to uphold their spirits That upon his shewing himself in Arms in Ireland Ormonds Catholick Irish party would all forsake him and go over to O Neal who maintained the Popes Interest in that Kingdome Nota. The aforesaid paper prinred by Authority and stiled The true State of the Transactions c. besides the said Articles of Cessation setteth down other Articles called The Propositions of General Owen O Neale the Lords Gentry and Commons of the confederate Catholicks of VLSTER To the most High and most Honourable The PARLIAMENT of ENGLAND 1. INprimis That such as are already joyned or shall within the space of three Months joyn with General Owen O Neale Within the space of three Months is not in the said Copy printed at Cork in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Laws and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said parties their Heirs and Successors for ever while they Loyally serve the Parliament of England 2. The said General O Neale desireth an Act of Oblivion to be passed to extend to all and every of his party for all things done since the beginning of the Year 1641. 3. They desire that General Owen O Neal be provided with a competent Command in the Army befitting his worth and quality 4. They desire that they may enjoy all the Lands that were or ought to be in their or their Ancestors possession 5. That all incapacity inability and distrust hitherto by Act of State or otherwise against the said party be taken off 6. That on both sides all jealousies hate and aversion be laid aside Vnity Love and Amity be renewed and practised between both parties 7. That General Owen O Neale may be restored and put in possession of his Ancestors Estates or some Estates equivalent to it in the Counties of Tyrone Ardmarch or Londondery in regard of his merit and the good service that he shall perform in the Parliament of Englands Service in the preservation of their Interest in this Kingdome 8. That the Army belonging to General Owen O Neale and his party be provided for in all points as the rest of the Army shall be 9. That the said party be provided with and possessed of a convenient Sea-port in the Province of Ulster I do upon receiving a confirmation of these Propositions forthwith undertake and promise in behalf of my self and the whole party under my Command faithfully and firmly adhere to the State of the Parliament of England in this Kingdome and maintain their Interest hereafter with the hazard of our lives and fortunes In witness whereof I have hereunto put my Hand and Seal this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus far the said paper stiled The true State c.