Representative have so unstable an authority vvhat shall the subordinate Magistrate acting under them have 7. It smels so much of the Iesuite that it tolerateth Popery in private Houses contrary to the knovvne Lavves of the Land Popery like the old Serpent if it once get in the head vvill soon insinuate the vvhole body being so vvell backed by potent Princes and Councels from beyond Sea And truly I knovv not vvhat to say against Popery vvhere Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the povver of the civill Magistrate as in this Agreement 8. It vvill lose Ireland the managing of the VVarre there being legally in this Parliament by Act passed not in this nevvfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for vvhich the Parliament so often Declared Voted Protested and Convenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestovves the Cause upon the King as if He onely from the beginning had fought for them vvhich all men have reason to believe vvhen they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament Armies vvere Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity vvithout vvhich they are Thieves Rebels and Murderers 11. It demands that there be no Lavvyers nor Lavves but nevv Rules in English to be made from time to time by the nevv Representative vvho are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to vvhich justice shall be administred not by Mayors Sheriffs Iustices of the peace Officers alvvaies ready but by Hundred Courts vvho are to supply the roome off all the Iudges and Lavvyers of the Kingdome and all this to lie in the brests of 12 Men in every Hundred of the Tribe of the Godly be sure vvho peradventure can neither vvritte nor read nor have responsible Estates to satisfie vvrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lavvyers Ministers vvho vvill oppose it becaâ—se it confounds and destroies Religion and depriveth the Ministery of its lot Tythes stopping their mouthes vvith famine purposely to cast them off and generally all men of quality and discretion vvill vvithstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety vvho then are left to ovvne and subscribe it but desperate forlorne Persons vvho because they cannot bring their actions under the protection of our present Lavvs and Government vvill bring the Lavvs and Government to their ovvn corrupt vvills and interests and therefore vvill signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and there being no other Iudges of their keeping it but the Subscribers vvho in the result of all have the Lavv in their ovvne VVills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same vvhich vvas subscribed by 9. Regiments of Horse and 7 of Foot and presented vvith a Petition to the House of Commons Novemb. 5. 1647. by the Agitators Gifforde the Iesuite being then in the Lobby vvith them and very active therein Vpon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together vvith a Paper annexed intituled An Agreement of the People for present and future peace upon grounds of Common Right avowed Hovv these Papers come novv to be ovvned those that opposed them violently secured by the Army by the connivence at least of the dregs of the House novv sitting let the Saints novv voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamentall Government of the Kingdome Resolved c. That a Letter should be sent to the Generall and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The Generall and Councell of VVarre in pursuance of this Vote condemned one of the Agitators vvho promoted it 37. The said Agreement damned by the General Councell of VVarre and a Souldier shot by sentence for promoting it and shot him to death at VVare you see vvhat it is to doe a thing unseasonably this Designe of the Army and their Party vvas not yet ripe vvherevvith they acquainted the House yet they kept in the same fire in the City still vvhere some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter vvith a Petition into the House of Commons vvhere-upon the House giving thanks to the Generall for the execution done at VVare and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Novemb 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed vvas read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho Prince Cheese monger and Sam Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Ieremy Ives Tho Taylor and VVill Larner be forthvvith committed Prisoners to the Prison at Nevv-gate c. as last aforesaid in Terminis Aftervvards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person vvho hath contrived abetted persvvaded or entred into that Engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments
Minstred to me and doe renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of People 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own Party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legall cause or Tryall 14. To make what New Acts Lawes and Reverse what Old ones they think meet to ensnare and inthrall our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Reall Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegeance due obedience to our known Lawes and a Conscientious observing our Oathes of Allegance and Supremacy and the Covenant to be no lesse then High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25. Edw. 3. c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1. M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Lawes Liberties Estates and Lives waste after they have drawne so much Bloud and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more then Regall or Parliamentary power 17. To pack and shuffle themselves into a Councell of Lords This 17. is added by the Abridger States Generall without any provinciall States 40. Hogens Mogens with Supream Regall and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principall ends proposed in the pretend Act for imposing this 90000 l. a moneths Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by Rebelling against their Masters the Parliament and waging Warre upon them and by conspiring with their owe party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Lawes Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquests Tbat we are but their Conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turne Vs and our Families out of Dores That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasiticall Iohn Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years then in all the Kings Raignes since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the People 25 Edw. 1. chap. 6 Cookes 2. Instit pag. 528. But the keeping up this Army is the Bane of the People 1. Because they are already exhausted with Warre Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a Moneth destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will believe our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a Moneth See Ordinances 15. Feb. 1644. and 6. Aprill 1646. Exact Collect. pag. 599. 876. But when the Army by confederacy with their Party in the House took the boldnesse to encrease their number without Order 60000 l. a Moneth 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 Moneth 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 Money and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forraign Invasions then a Mercinary Army Therefore there is neither necessity nor publique utility in keeping up this Army or raising Taxes to maintaine them or pay their pretended Arreares The Free-quarter they have taken in kind and leavyed in Money will treble their Arreeres and make them much indebted to the Country Thus farre and much farther Master Pryn whose whole Booke at large I commend to all mens serious perusall The Marquesse of Ormonds happy atchievements in Ireland beginning to look formidably 204. Cromwell sets sayle for Ireland had cooled the hcat of K. Olivers courage though not of his Liver insomuch that he and his intimate Friends began to project how without losse of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delaies were used in Shipping his Men. Hasterigge and his Party reported great terrours from Scotland Oliver and his Bloud-hounds of the Faction made a shift to smell out a silly Plot in Dorset-shire for surprisall of Weymouth and Portland for the KING now laughed at and exploded by their owne New-books And the tender-conscienced Brethren were prompted to apprehend their owne 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 seeke foraigne 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 Lyons skin than the Foxes had written to Col. Iones how heartlesse his Souldiers were and that unlesse Iones did by some successfull Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chesse-nuts out of the fire with the Catts foot to take a presage of his owne successe at Col. Iones hazard Iones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the newes first came to Towne the Lyon is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sinne or at least without
knowne Lawes of the Land which is onely due to the King His lawfull Heires Successours thereto we are sworne nor are the particular Powers Authorities granted by this Parliament to the said Keepers of the Liberties of England Councell of State yet any where authentically published made knowne to us by any avowed Act unlesse we shall account their Licenced New books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enstave us they would set us free have brought us so farre below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawne from us our money and bloud they now deny us the use of reason and common sense belonging to us as Men Governe us by arbitrary irrationall Votes with which they baite Traps to catch us woe be to that People whose Rulers set snares to catch them and are amari venatores contra dominum Men-hunters against God nay to move any Person to stirre up the People against their Authority is hereby declared Treason marke the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keepers of the Liberties of England or Councell of State shal extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in the Case of Lilburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands Wives Brothers all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army the Father or Master endeavour to withdraw him from so plundering and roguing a kind of life back to his profession Secondly if any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Soldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their conterfeit Great Seale it is declared Treason I wonder it is not Treason to counterfeit their counterfeit Coyne Behold here new minted Treasons current in no time nor place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our new Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic jubeo it shall be Treason because they vvill call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates Liberties must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants Members of the Army vacates all our Lawes Liberties Properties and destroies our Lives Behold here a short view of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons See 1 H. 4. c. 10. â—1 H. 7. c. 1. Declares 1. That to compasse or imagine the Death of the KING how much more to act it Queen or their eldest Son and Heyre 2. To violate the KING'S Companion eldest Daughter unmarried or the Wife of the KING' 's eldest Son and Heyre 3. To leavie Warre against the KING or adhere to His Enemies in his Realm and thereof be proveably attainted of open deed by people of their condition 4. To counterfeit the KING' 's Great or Prive Seale 5. Or His Money 6 To stay the KING'S Chancellour Treasurer Iustices of one Bench or other Iustices in Oyre Iustices in Assize and all other Iustices assigned to heare and determine being in their Places doing their Offices If any other case supposed Treason which is not above specified So the 4 Lords ought to have been Tried not by a new shambles of justice doth happen before any Iustices the Iustices shall tarry without any going to Iudgment of the Treason till the Cause be shewed and declared before the KING and His Parliament not before the House of Commons onely or before both Houses without the KING whether it ought to be adjuged Treason You see how few in number these Treasons specified are and that they must be attainted of open deed by their Peeres our words were free under Monarchy though not free under our Free-State so were they under the Romans Tacitus An. 1. sub finem speaking of Treasons facta arguebantur dicta impune erant These horrible tyrannies considered and being destitute of all other lesse desperate reliefe I doe here solemnly declare and protest before that God that hath made me a Man and not a Beast a Free-man and not a Slave that if any man whatsoever that taketh upon him the Reverend name and Title of a Iudge or Iustice shall give Sentence of Death upon any Friend of mine upon this or any other illegall Act of this piece of a House of Commons I will and lawfully may the enslaving scar-crow doctrine of all time serving State-flattering Priests and Ministers notwithstanding follow the exemples of Sampson Iudith Iaell and Ehud and by Ponyard Pistoll Poyson or any other meanes whatsoever secret or open prosecute to the Death the said Iudge and Iustice and all their principall Abettors and I doe hereby invite and exhort all generous free-borne English-men to the like resolutions and to enter into Leagues defensive and offensive and sacramentall associations seven or eight in a company or as many as can well confide in one another to defend and revenge mutually one anothers Persons Lives Limbs and Liberties as aforesaid against this and all other illegall and tyrannous Usurpations 162. A motion to enlarge Sr Will Waller c. And the Generals Answer intimating the securing of the Members to be done by confederacy with the Army-party in the House About this time or a little before the Generall was moved to enlarge Sir William Waller and the other Members illegally kept Prisoners in Windsor He answered they were no longer his but the Parliaments Prisoners It should seem the Brute hath made a private deed of
damned Spirits or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks Witnesse his tampering with Hamilton c. incurre 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 soules Hughs first salute was That he came meerly to give John a visite without any designe his guilty Conscience prompting him to a voluntary Apology Iohn answered I know you well enough you are one of the setting Dogs of the great Men of the Army with faire and plausible pretences to insinuate into Men when they have done them wrong and to worke out their designes when they are in a strait and cover over the blots that they have made Then Iohn complained of the †Compare this Act of the Kings With the violent act of those Traytors and Tyrants Fiarfax his Councell of Warre in imprisoning and secluding above 200. Members at once without cause shewne leaving only 40. or 50. of their cheating Faction in the House to carry on their bloody Anarchicall designes some of which secured Members with barbarous usage were almost brought to death and their murder since attempted by Soldiers illegall and violent seizing upon him by Souldiers and carrying him before that new erected thing called A Councell of State who committed him without any Accusor accusation Prosecutor or Witnesse or any due processe of Law and yet when the King impeached the 5 Members and preferred a Charge of High Treason against them Recorded 1. part Booke of Decl. p. 35. and onely failed in a single punctilio of due processe of Law they cryed out it was an invasion of the Peoples Liberties so that foure or five Recantations from Him Recorded in their owne Declarations would not serve His turne Peters halfe out of countenance if so prostituted a Villaine that practises impudence amongst common Whores and whose Pulpit is more shamefull than another mans Pillory can be out of countenance takes up one of Coke's Institutions and professed Lilburne was meerly gulled in reading or trusting to those Books for there were no Lawes in England Iohn answered he did believe him for that bis great Masters Cromwell Fairfax c. had destroyed them all Nay quoth Hugb there never was any in England with that Iohn shewed him the Petition of Right asking him whether that were a Law which Peters had the impudence to deny asking what Law was Iohn replied * The Law is now taken away and all things in confusion by turning our Monarchy without our consent into a Free-State of Slaves govened by Tyrants out of the Parliaments owne Declarations Tbe Law is that which puts a difference betwixt good and evill just and unjust If you take away the Law all things will fall into confusion every man will become a law unto himselfe which in the depraved condition of humane nature must needs produce great enormities lust will become a law envie a law Covetousnesse and ambition will become lawes and what dictates what decisions such lawes will produce may easily be discerned Tbis Master Peters is a Definition of Law by the Parliament in the daies of their primitive purity before they had corrupted themselves with the Common-wealths money And elsewhere the Law is called The safeguard the custody of all private Interests your honors 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 uncertaine or unknowne To this the Comick Priest replied I tell you for all this there is no Law in this Nation but the Sword â—nd what it gives This doctrine of Devils that it is lawfull to submit to any present power that is strongest is broached in a Pamphlet by old Rowse the illiterate Iew of Eaton-Colledge And by Iohn Goodwin the sophistical Divine which is fully confuted in A Religious Demurrer concerning submission to the present power an excellent piece neither was there any Law or Government in the world but what the Sword gave To this the honest Lieutenant Colonel answered Master Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or foure honest men and rob them that act is righteous because they are the stronger Party And if any power he a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and Man in resisting and fighting against a just power in the KING who was a power up and visible fenced about with abundance of Lawes so reputed in the common acceptation of all Men by the expresse letter of which all those that fought against Him are ipso facto Traytors And if it were not for preservation of our Lawes and Liberties why did the Parliament fight against Him a present power in being and if there be now no Lawes in England nor never was then you and your great Masters Cromwell Fairfax and the Parliament are a pack of Bloody Rogues and Villaines to set the People to murder one another in fighting for preservation of their Lawes in which their Liberties were included which was the principall declared Cause of the Warre from the beginning to the end I thought quoth the Lieutenant Colonel I had been safe when I made the knowne Lawes the rules of my Actions which you have all sworne and declared to Defend and make as the standard and Touchstone between you and the People * The Lawes are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lies not therein their minds may change and then where are you I but quoth the Lieutenant Colonel I cannot take notice of what is in their minds to obey that but the constant Dâ—claration of their minds never contradicted in any of their Declarations as That they will maintaine the Petition of Right and Lawes of the Land c. This was the substance of their discourse saving that Iohn pinched upon his great Masters large fingering of the Common-wealths Money calling it Theft and State-Robbery and saying That Cromwell and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summe of this Debate to thee that by comparing their doctrine and principles with their dayly practises thou mayest perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a
attend his Majesâ—y in the Treaty The next thing debated vvas the List of such Gentlemen as vvere named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man vvith Cromvvell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they vvere unduly imprisond and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there vvas no farther proceedings therein Thus farre I have briefly set dovvne the Preparations tovvards a Treaty 13. Master Pryns Speech in the House proving the Kings concessions to be a groud for a setlement the Treaty it selfe betvveen the King in the Isle of VVight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them tooke up almost all the time untill the 6. December 1648. some fevv businesses of no great moment intervening many imperfect and partiall Relations of them have been printed cum Privilegio but Mr. VVill Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648 and since printed hath set dovvn all the most materiall Arguments on both sides vvith great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follovv onely thier ovvne Interests of povver and profit vvhose vvills and lusts have alvaies been their ovvne lavves and are novv become the onely Lavves of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and vvill only trouble him vvith some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106 and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I vvil onely say that vvithout them the King cannot be a Governing King but a bare Titular King a picture a shadovv because the protection of the People depens upon the povver of the Svvord He cannot protect them and their Lavves vvith the Scabbard The Authority of the Scepter follovves the povver of the Svvord vvherefore to give avvay one is to lose both nor can the Subjects be any longer His Majesties Subjects but Salves to their fellovv Subjects vvhen so many petty Kings not authorized by any lavv of God or Man to protect the People shall hold the Svvord over their Heads and distract them vvith different Opinions disagree in Commands according to the variety of their severall lusts factions and interests hovv can the King according to his Coronation Oath and duty to vvhich God hath called him Governe and protect his People 1. part sect 40 41 42. vvhen he hath given avvay his Svvord to a factious Parliament vvhere one Party tyrannizeth over the other and threatens the other vvith the longest Svvord hovv absurd and impossible it is for the Subject to expect protection from one hand and to svveare and pay Alleigannce to another hand that hath divested it self of all povver to protect them let our Lavves the practice of all Nations and times and the judgement of the learnedst Politicians tell you vvhose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova vectigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti 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 Gouvernment vvhere the King can doe most good and least evill 1. Let Him be disabled to raise nevv Taxes lay on nevv Tribute 2. Let Him not have the sole povver to make or repeale Lavves vvhich ought to belong to the Common-vvealth not any one Magistrate for no povver is more hurtfull to the People nor stirres more Commotions them these tvvo such is the Kingdome of England the King hath neither the povver of our purses nor the changing of our Lavves in His hands and if he give avvay his Svvord he vvill be such a King of clouts as can doe neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundam Leges non est major neque par such vvas the Dictattor at Rome he had no equall there Papyp cursor dictator ad judged 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 vvith this saying Vicit tandem imperii majestas such is the King of England the Common-vvealth cannot compâ—ll him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreme Governour in all Causes over all Persons so doe all our Statutes to vvhom in Parliament vvhich is his highest sphere of majestie i the last appeale by VVrit of Error vvho is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise vvith him and dissolves it vvhen he is satisfied He makes VVarre Peace See the 1. part of this History Prolegomena 1. and is Protector of the Lavves and of all just Interests onely the policy of the Lavv disables him to make repeale or alter Lavves or raise Monies vvithout consent of both Houses by Bill passed vvhich is but an Embrio untill he quickens it by his Royall Assent because this vvay the King may doe most hurt and vvrong to his people as I have already said it being the vvisdome of our Lavves to keep the Svvord in one hand and the purse in another The 1. proemiall Proposition for justifying the Parliaments Cause and Quarrell and condemning His owne Cause and Party 15. The 1. Proposition for justifying the Parliaments and condemning His owne quarrell vvas a bitter pill but an earnest desire of peace svveetned it and guilded it over and invited him to svvallovv it vvithout chavving or ruminating upon it but hovv devilish unchristian and illegall a use the Faction have made of this extorted confession let God judge Their insisting upon it that the King should take the Convenant 16. The Covenant endevoured to be put upon the King vvas an errour in Policy vvhereof the rigid Presbyterians are guilty they supposing the King vvould take it at last stood upon it and intended thereby to joyne the King to their
the Iewes Petition The last damnable Designe of Cromwel and Ireton and their junto or Caball intended to be carried on in their Generall Councell of the Army and by journey-men in the House of Commons vvhen they have engaged them desperately in sinne past all hope of retreat by murdering the King MAjor VVhite a Member of the Army long since at Putney fortetold That shortly there vvould be no other povver in England but the povver of tee Svvord and VVil Sedgvvick in his Booke called justice upon the Armies Remonstrance saith The Principle of this Army is To breake the Powers of the Earth to pieces and Iohn Lilburne in his Plea for Common Right pag. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and vvill by seizing upon the Members of Par dissolving it and setting up a nevv invented Representative and bring the King to capitall punishment and dis-inheriting His Posterity subvert the Monachicall Government and Parliaments of this Kingdome the Lavves and Liberties of the People and so by bringing all to Anarchy and confusion put the vvhole Government of the Land under the Arbitrary povver of the Svvord In order to vvhich they have and vvill overturne the Government of the City of London by a Lord Mayor and Aldermen and Governerne it by Commissioners and a schismaticall Common Councell 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 designe is to Plunder and Dis-arme the City of London and all the Country round about thereby to disable them to rise vvhen the Army removes but not to the use of the Souldiers although they greediâ—y expect the first VVeek in February the time appointed from vvhom they vvill reedeeme the Plunder at an easie rate and so sell it in bulk to the Ievves vvhom they have lately admitted to set up their banks and magazins 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 maintaine such VVarres as their violent proceedings will inevitably bring upon them not onely all Sequestred and Plundred goods but also the very Bodies of Men VVomen and Children whole Families taken Prisoners for sale of whom these Iewish Merchants shall keep a constant traffique with the Turks Moores and other Mahometans the Barbadus and other English Plantations being already cloyed with VVelch 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 VVarre followed they will spare neither Man VVoman nor Child For the better carrying on of which Designe the said Caball or Iunto keep a strict correspondency with Ovven Roe Oneale the bloudy Popish Antimonarchicall Rebell in Ireland and the Popes Nuntio there The Antimonarchicall Marquesse of Argyle in Scotland the Parisian Norman and Picarde Rebels in France and the Rebel King of Portugall If danger be not held so close to your eyes that you cannot discerne it looke about you English But this Kingdome is not to be saved by Men that will saue themselves Nothing but a Private hand and a Publique spirit can redeeme it 63. Master Pryns second Letter to the Generall The 3. Ian. 1648. Master Pryn sent a Letter to the Generall demanding vvhat kind of Prisoner and vvhose he vvas as follovveth * To the Honourable Thomas Lord Fairfax Generall of the present Army these present My Lord IT is novv a full Months space since I vvith other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshall against the Priviledges of Parliament the Liberty of the Subject the Lavves and Statutes of the Realme and all rules of justice conscience and right reason vvithout the least shadovv of Authority or any cause at all yet made knovvne to me of vvhich vvere there any neither God nor man ever yet made your Lordship or your Officers Iudges I therefore desire to knovv from your Lordship vvhat kind of Prisoner I am and vvhose If a Prisoner of peace neither your Lordship nor your Officers are any Iustices of peace or Civill Magistrates in this place to restraine me for any civil crime vvere I guilty of it much lesse vvithout proof or hearing in case I vvere no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least vvithout the Houses licence first obtained If a Prisonner of VVarre vvhich I cannot probably be being never in Arms and apprehended neer the Commons House dore going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknovvledge That you have levied VVarre against the Parliament and its Members and vvhat capitall offence this is and vvhat a punishment it deserves I need not informe your Lordship or your Councell vvho have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himselfe I have but one thing more to trouble your Lordship vvith and that is to demand vvhose Prisoner I am having yet seen no VVarrant nor Order from your selfe or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or VVarrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Lavves to order your Attourney to give an Appearance for you in the Kings bench the first returne of the next Tearme to an action of false Imprisonment for this my unjust restraint vvhich I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours vvhich I conceive vvho yet abuse your name and authority herein though it be a rule in Lavv Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers vvho have been most active in my Imprisonment for damage and reparations vvhich if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publique cause vvhich so highly concernes the honour fredome and Priviledges of Parliament and Subjects Liberties for defence and maintenance vvhereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I novv againe engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as vvillingly forgive and put up private injuries
consummated 2. That He might when He pleased inlarge cleer the truth with the reservednesse of His meaning herein by publique Declaration Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocall Proposalls are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Laws are condemned by many Lawyers Polititians Est nihil frigidius Lege cum Prologo jubeat lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the Body of the Text. So in the Lawes of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Lawes least in account nor never had the force of Lawes There 's not a syllable in this Preface which Repeales any former Law inflicting a Penalty upon such Subjects as beare or raise Armes against their KING nor those Laws which è contrario exempts from punishment all Subjects adhering to the Person of the KING in any Cause or Quarrell Whereas the said Preface saith the two Houses were necessitated to make a Warre c. This may relate to a necessity à parte post not à parte ante self-defence is the universall Law of nature extending to all Creatures it is non Scripta sed nata Lex Therefore when the two Houses or rather a schismaticall Party in them had brought upon themselves a necessity of Self-defence By raising Tumults c. His Majesty was contented to acknowledge that necessity If one Man assault anothar upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his owne defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriages Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civill Warres with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like Extenuations are not unusuall at the close of Civill Warres and the onely use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Lawes to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and Warre like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or His Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Bloud upon His score my Author having cleered his way to his farther Inquisition after Bloud proceeds and tells you Belw Cap was the first that opened the Issue of Bloud by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to cleer him my Lord Macquire upon the Ladder and another upon the Scaffold did freely and cleerly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Authour winds up the causes there of upon one bottome Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitique harsh Answer 3. They who tooke off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earle of Leicesters going into Ireland 4. They who hindered part of the Disbanded Army of 8000. Men raised by the Earle of Strafford being Solders of Fortune to go serve the Spaniard as His Majesty had promised the two Spanish Ambassadours the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the Bloud of above 10000 Protestants who perished in that Warre Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their Estates and grant them away to such as should advance Monies upon Irish Adventures Touching the Warre kindled in England the Authour confesseth it was a fatall thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above foure parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Burges and a Designe to seize the Kings Person yet its fit it should be remembred 1. What reiterated Messages His Majesty sent offering to returne if there might be a course taken to secure His Person with those Peeres and Commons rioted away 2. That there was not the least motion towards Warre untill Hotham shut the Gates of Hull against the King attended onely with some few of His houshold Servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellours under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two yeares after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forraigne Force to help them and whose Commissions of Warre were near upon two yeares date before the Kings 6. That in all His Declarations He alwayes protested He waged not Warre against the Parliament but against some Seditious Members against whom He could not obtaine Common Iustice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedom of Trade from Town to Town Acessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aime was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Cbief pawn'd their Souls to Him
best to his most holy will and it is therefore good holy just because he willeth it His Divine pleasure being the rule and standard of goodnesse holinesse justice Mistake me not I doe not meane his bare providence or permissive will which no man can take notice of and Traytors Tyrants Thieves and Reprobate Saints execute and boast of to their owne assured damnation Therefore Gods employing wicked Instruments can be no president for our Alchimy Saints to doe the like unlesse Cromwells * Councell of Officiers of State and Parliament three Iuntoes and faction will usurp Gods prerogative as they have done the Kings 5. The 15. August the Letter saith that Coote called a Councell of Warre who resolved It was better to accept of the assistance of those who proclaimed themselves Friends to us and the Interest we fight for c. Here you see O Neale's bloody Party those Parliament Champions united and friendly conspiring to uphold one Common Interest which can be nothing but the downfall of Monarchy and Protestancy 6. The 15. August the Letter further saith that we Coote and his Councell of Warre added to the Articles this wary Proviso not to use their assistance longer then the approbation of the State of England should go a long with us therein c. It should seem by this warinesse that for the time they had used their help which was ever since the 22. of May last the approbation of the said State as they call it hath gone along therewith And for the time they meane to use their assistance hereafter it is left indefinite no longer then the approbation of the State shall goe along with us therein which may happily be untill Domes-day notwithstanding the Order Dated the 24. August 1649. voting That their Vote of the 10. August in the Case of Col. Monke be communicated to Sir Ch Coote as the Resolution of the House c. For who knowes whether the Copies of that Vote may miscarry or be stayed by the way either accidentally or purposely 7. The 14. August the Letter saith See Monke's Letter of Answer to Oneale Dated 26. April 1649. from Dondalke contained in the last foregoing Section but one See the said Paper entituled The Propositions of Owen Roe O Neale sent to C. Monk c. printed at Corke 1649. O Neale was pleased to communicate to him certaine Proposalls which he saith were long since transmitted into England to the Parliament by C. Monke and though for his owne part and the prime Officers with him these are privie to the secret carriage of the businesse and therefore may well be satisfied with what is done already they do not doubt but the Proposalls are already yeilded to by the State yet in regard their Army and Party in all other parts of the Kingdome these are ignorant of the juggle and causes thereof cannot be satisfied therewith untill the Parliament be pleased to declare themselves more publiquely therein it should seem they have done it privately already for satisfaction of O Neale and his said prime Officers he hath therefore desired me humbly to intreat your Lordships to declare your Resolution therein with as much speed as may be Here you see O Neale and his prime Officers who know the juggle satisfied already with a private confirmation of the Articles But to satisfie the rest of his Army and Party to whom this mystery is not yet revealed a publique Declaration thereof is desired that they may Vnanimously and cheerfully endeavour the preservation of the Parliaments Interest The Articles of Agreement between O Neale and Coote conclude clearly a League or Warre Offensive and Defensive against the Enemies of both or either untill a more absolute Agreement be made and condiscended unto by the Parliament of England This more absolute Agreement is now in agitation and private Directions sent to Coote how to behave himselfe in the Transaction thereof See the 1. Vote die veneris 24. August 1649. See the Relation of the Transactions between Sir Charles Coote and Own Roe O Neale printed by Order 28. Aug. 1649. The Votes upon these Letters and Articles were two Upon part in the first Vote I have observed something already in the 6. branch of this Section viz. that their Votes of the 10. Aug. in Case of Col. Monke be communicated to Coote and a Direction for him how to behave himselfe in the Transaction between him and Own Roe O Neale this Transaction is called in the Articles ut supra a more absolute Agreement These Letters Articles and Votes being Apologetically published for satisfaction of the Souldiery and People it had been fit to have communicated the said Directions also to their Trustors and Soveraigne Lords the People that they might have seen faire play above board and not to have sent clandestine Directions to Coote in so suspitious a busines how to behave himself in the Transaction with O Neale which implies the said Transaction shal be continued and may be compleated the rather for that their second Vote saith The House is well satisfied of the diligence faithfulnesse and integrity of Sir Charles Coote in preserving the Garrison of London Derry now it was preserved by his said Conjunction with O Neale who raised the Siege About this time came forth a Booke called 208. The Levellors vindicated or The Case of the twelve Troops c. The Levellors vindicated or The Case of the 12. Troops which by Treachery in a Treaty were lately surprized at Burford Subscribed by Six Officers in the name of many more Wherein p. 2. they say That under colour of the Armies solemne Engagement at New-market and Triplo-heath Iune 5. 1647. and many other their Declarations Promises and Protestations in pursuance thereof which Engagement they affirme against their Preaching Coronet Denne was never retracted by any Generall Councell of the Army nor upon any Petition of the Souldiers nor their Agitators ever by them recalled or dismissed The whole fabrik of this Common-wealth is fallen into the grossest and vilest Tyranny that ever English-men groaned under all their Laws Rights Lives Liberties and Proporties wholly subdued to the boundlesse wills of some deceitfull Persons having devolved the whole Magistracy of England into their Martiall Domination c. Pag. 7. They say That the Souldiers Paper-Debentures are good for nothing but to sell to Parliament-men for 3. or 4. in the pound which they are forced to sell them for to keep them from starving because they will not pay one penny Arreares to such as they put out of the Army any other waies that so they may rob the Souldiers of their Seven yeares Servìce and make themselves and their Adherents Purchasers of the Kings Lands for little or nothing and for ought appeares the Money they buy these Debentures with is the Money the Nation can have no Account of That they have dealt as basely with other Soldiers who never resisted their Commands 1. They turned them off with