received the City was startled The City startle having as they supposed by order been encouraged to stand fast in their liberty for their Laws Priviledges Properties and lawfull Government But the Generall in a wise foresight and providentiall care having cast in his mind the danger he stood in for he had a wolfe by the ears though he sent his Commissioners aforesaid yet reserved to himself the ratification so that nothing should be of force untill it were confirmed with his own seal But now the articles of the Treaty being come to his hands he commands the return of his Commissioners which they obeying he presently commits Col. Wilks to custody for going beyond his Commission declareth the Treaty void Monck commits one of his Commissioners and marcheth toward the borders which the Committee of safety being advertised off fall to their old tricks to delude the people endeavouring to make them believe it was only a rumour grounded on a fained Letter pretended to be by him sent to the City whereas they seemed to be assured that he would acquiesce in the former agreement but truth who is filia temporis the daughter of time quickly appeared to undeceive the people for in this interim his excellency having as himself expressed it a call from God and Man to march into England for resetling the Parliament calleth an assembly of the Nobles and Gentry of Scotland at Edenburgh He calls an assembly in Scotland to whom he proposed these three things 1. That they would during his absence which would not be long preserve and secure the peace of that Nation 2. That they would supply him with some men for his undertaking which he engaged upon his honour should be to their satisfaction and that if any troubles should arise they would assist him in the suppressing thereof 3. That they would advance and raise what money they could before hand To these Propositions the Earl of Glencarn who was chairman of that assembly returned these modest answers 1. That they could not engage to preserve the peace of the Countrey in his absence wanting armes and so in no condition to do it but they should with all faithfullness notwithstanding endeavour it 2. That they were uncapable to answer his desires for the reasons aforesaid neither did they think it prudent for them to engage in a war which if it should prove unsuccessfull on their part would be a ruine to them or if successfull they did not understand that it would be advantagious to them in any measure But as to the third 3. That they were content to levy moneys and advance a years tax aforehand Generall Monck highly satisfied with those civil returnes endeavours to caresce and indear them by Giving the Lords and gentry power to arme themselves by satisfying them privately in the design of his expedition and accepting of their years taxes Hereupon he resolves now to dally no longer than his supplies of Men and money come in in the mean while holding correspondence and intelligence with his friends all over England He keeps intelligence from whom he a new received advertisement that if he could yet for a litle time keep fairly at a distance his work should be done even without any noise of drum or trumpet except it were in exultation and triumph This advise caused him to make some seeming overtures of a second treaty with Lambert yet all along insisting upon the re-admission of the Parliament before they began it As a balk to which the Committee of safety declared The Wallingford in government hoping thereby yet to lead the Nation into further errour and mischief that they had transmitted a great part of a form of government for these Nations to a Committee of the Officers of the Army 't is like to be well done if it must be hewen out by a dint of the sword to be considered by them a mad crew of Gotamists who daily meet and are gone through a great part of it with much satisfaction to themselves possibly to think how finely they should Lord it but to no body else surely they are very desirous to have such a Government as may preserve the Liberties of the Nation this is the old cheat and secure the cause they have contended in which is flat treason and rebellion both against CHARLES STVART and any other that may disturbe the peace hoping in time to make it appear that their Enemies are Liers when they traduce them and render them a people that seek only themselves Then they conclude that they hope the faith of Gods people will hold out and not make hast and that good men will help them in their prayers that God the Lord would bring forth righteousness and truth and discover and bring to nought the secret contrivances of all his adversaries And so no doubt he will to the shame and ruine of all such dissembling Hypocrites About this time being the later end of November the People beginning to smell their knavery drew several Petitions with an intent to deliver them but their crazie stomacks being not able to bear such strong Physick belched forth a Proclamation against all such Petitions Proclaim against suâ—scriptions which they call undue and dangerous papers and prohibite all persons to subscribe any such papers and if offered to suppress them or cause the person endeavouring to get subscriptions to be apprehended upon penalty of being accounted disturbâ—rs to and enemies of the peace But this not working its desired effect but rather making men the more eager so as they began to fear tumultuous proceedings therefore the Mayor is commanded and he accordingly sent warrants to all City Officers to charge all Masters of families to keep in their Sons and Servants This enraged the youth of the City to such a height that the Committee of safety fearing their own danger to arise from some disturbance there gave order December the 5th to part of the Army Hewson goes into London both horse and foot to march into the City which they did early in the morning where being entred great multitudes of all sorts of people gathered together in the Streets the shops were shut up and the Souldiers in all places affronted which so madded them that by command of their Col. Hewson they fell on the people with some violence and killed two or three persons wherewith the multitude for the present dispersed but began to bear a grudge whose revenge would not be satisfied but with the ruine of their oppressours This was the last help they had to rely on that they would rather reduce all to a Chaos than quit their hold snatching at every the least opportunity that did but flatteringly seem to offer them an advantage for by this though unwillingly foreseeing their Catastrophe at hand they are driven into more sad thoughts of their dissolution by the revolt of Portsmouth which Haslerig Walton and Morley with the consent of Col. Whetham the
King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
Skippon when he had spoken any thing in the House prejudicial to the King or City about a Week after when the venom he hath spet hath wrought its effect and is past remedy usually complains in the House that his words are carried forth of the House and maliciously and falsly reported in the City to his disgrace and danger and repeating in a more mild and qualified way some part of what he had formerly said appealed to the House Whether that were not the full truth of his words When the House having forgotten his former words no man can and for fear of the envy and malice of a powerfull Faction no man will contradict him this is his way of Apologizing and clearing himself He hath got above 30000 l. in his purse besides 1000 l. a year land of Inheritance given him by the Parliament He hath secured his personal Estate beyond Sea and his Wife and Children and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City and is here amongst us but in the nature of a souldier of fortune Note that upon the said 15 day of July when the debate was for Voting the Scots that were come in Enemies c. the first question was put 106. D. Hamiltons Army Voted Enemies that all such Scots as are or shall come into England in hostile manner without consent of both Houses of the Parliament of England were Enemies c. but upon farther debate the words or shall were left out upon this Consideration that the Earl of Argyle might happily come into England with a Party and fall upon Duke Hamilton in the rear to divert him July the 20. The Speaker told the Commons 110. D. Hamilton's Letter and Decaration brought to the House that Major General Lambert had made stay of a Scottish Gentleman one Mr. Haly-barton who passed through his quarters with Letters from D. Hamilton to the two Houses and the King that he found about Mr. Haly-barton divers private Letters for the carrying of which he had publick on Authority and therefore Lambert made bold to seal those private Letters in a packet by themselves with his own seal and Mr. Haly-bartons That Lambert had sent up Mr. Haly-barton with one Lieut. Col. Osburn a Godly Scottish Gent. and another Keeper in nature of a Prisoner 111. L. Col. Osburn a fugitive Scot. This Osburn delivered that private packet to the Speaker so a Committee was named to peruse that private packet and Osburn was called into speak what he knew who delivered at the Bar that the Godly party in Scotland were oppressed and trodden under foot by Duke Hamilton's party that their very souls we afflicted at his proceedings that the Kirk of Scotland with one mouth proclaimed in their faces their engagement and proceeding thereupon to be damnable and destructive he desired the House not to look upon these proceedings as the Act of the Nation of Scotland since there were a great many Godly men who hoped the Lord would enable them in his good time to march into England with the Marquesse of Argyle and fall into the rear of Duke Hamilton with a diversion He reported the Scots that came in to be but 8000 Horse and Foot and Langdale but 2000. Then was read the Letters of D. Hamilton wherein He complaineth no answer had been given to the Parliament of Scotlands just desires of the 26 April last that by authority of the Scottish Parliament he was necessitated to come into England according to the Covenant and not without the invitation of divers wel-affected English who had taken the Covenant There was a Declaration inclosed in the Letters which the prevailing party obstructed the reading of yet the Lords having printed it they have since read it in the House and presently the question was put that all such English as have invited the Scots under D. Hamilton to come in hostile manner into England shall be declared Traytors and carried in the Affirmative I formerly told you that about 12 July Weaver moved that the Prince of Wales might be Voted a Traitor what they could not then carry with a fore-wind they now brought in again with a side wind but who doubts but the Prince invited in the Scots to the relief of his Father and himself oppressed and imprisoned contrary to the Solemn League and Covenant by a Rebellious Army and a schismatical party of both Houses engaged with the said Army And that the Scots are come in according to the Covenant only 112. A motion in the House of Commons to Bayl Rolf. A little before this time Tho. Scot Sir P. Wentworth Blackstone C. Harvy Hill the Lawyer and others pressed the House with much earnestness to Bayl Rolf committed Prisoner to the Gate-house upon the Complaint of Mr. Osburn for endeavouring to make away the KING uâ—ing many words in his commendation for his godliness and faithfulness and complaining of his hard usage in Prison where he lay amongst Rogues It was opposed by many because High Treason is not baylable by the Law neither is the House of Commons a Court of Judicature and therefore can neither Imprison nor Bayle any but their own Members At last Mr. Sam. Brown moved that a Committee might examine the businesse for matter of Fact and report to the House and then the House if they saw cause might Bayle him and bind over Master Osburn to prosecute him next term in the Kings-bench This motion took effect and great care was taken for the present that Rolf might have better entertainment in the Gate-house according to his quality having been not long since a Shoo-maker one of the Gentle-craft 113. The Speakers Warrant to search for the Foot-boy that beat Sir Hen. Mildmay About this time 2 Files of Musketiers by warrant from the Speaker of the House of Commons came in the dead time of the night to the Houses of Sir Paul Pynder and Alderman Langham pretending to search for the Foot-boy that beat Sir H. Mildmay They forced open the doors of Sir Pauls house and searched with great diligence but could not do the like at Alderman Langham's who being guilty of having some Money in his House durst not adventure to obey the Warrant and open his doors nor had he reason to do it his House by the Law being his Castle of Defence the privilege thereof not to be violated but in case of Felony or treason Compare the diligent prosecutions in the behalf of Sir Harry Mildmay with the slack and negligent proceedings in the behalf of the King and you will find a new practical Law contrary to the old known established Law that a trespasse against a Grandee though but a Subject is more than a treason against a King Fears and Iealousies arising from several Informations as that of Croply and Hyde called 114. Fears and jealousies cause the City to resume the power of their own Militia The Resolutions of
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
weather-cock John Goodwin of Coleman-sireet the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed John Besides I hear that for some nights a-Guard of Souldiers was kept within His Chamber who with talking clinking of Pots opening and shutting of the door and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering and amazing Him with want of sleep they might the easier bring Him to their bent 28. January being the last Sabbath the King kept in this life 90. A Paper-book of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-book with promise of Life and some shadow of Regality as I hear if He subscribed it It contained many particulars destructive to the fundamental Government Religion Lawes Liberties and Property of the People One whereof was instanced to Me viz. That the King should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same General and Officers with power notwithstanding in the Councel of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they think fit and to settle a very great Tax upon the people by a Land-Rate for an established Pay for the Army to be collected and levied by the Army themselves and a Court-Martial of an exorbitant extent and latitude His Majesty as I hear read some few of the propositions and throwing them aside told them He would rather becom a Sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Commonwealth and the Honour of his Crown to so intolerable a bondage of an Armed faction 91. The Sâ—ile and Title of Custodes libertatis Angliae voted to be used in legal proceedings in stead of the styâ—e of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madness in an Act for better setling proceedings in Courts of Justice according to the present Government Dated 17. Feb. 1648. Monday 29. Jan. 1648. The Legislative half-quarter of the House of Commons voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Anthority of the same that in all Courts of Law Justice and Equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returns of Writs and in all Fines Recoveries Exemplifications Recognizances Processe and Proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. in stead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Teste or Title Custodes libertatis Angliae authoritate Parliamenti shall be used and no other and the Date of the year of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Juratores pro Domino Rege they shall be Juratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publican All Judges Justices Ministers and Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custom to the contrary notwithstanding Another device to mortifie the King c. The King lay in White-hall Saturday the day of his Sentence and Sunday night so near the place appointed for the separation of his Soul and Body that He might heare every stroak the Workmen gave upon the Scaffold where they wrought all night this is a new device to mortifie him but it would not do Tuesday 30. Jan. 1648. was the day appointed for the Kings Death He came on Foot from Saint James's to White-hall that morning His Majesty coming upon the Scaffold made a Speech to the People which could only be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts near it and from their Pennes only we have our Informations His Majesties Speech upon the Scaffold and his Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see clearly that they began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdom Souldiers Rebelling against their Master or Sovereign though they prevail cannot claim by Conquest because their quarrel was perfidious base and sinful from the beginning But I must first show you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever finde was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrel that you have that makes it unjust in the end that was just in the Beginning But if it be only matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never do right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but only a National Synod freely called freely debating amongst themselves must settle
whole current of the law is constant encourager although these mens effrontery is such that they dare say any thing by an infallible Spirit as they imagine and the World is bound to believe them But their vizor being now ready to fall off Commotiâ—ns and the people not willing to be any longer blinded begin to move in most parts of England which so mads the Phanatick faction that they seaze upon persons horses and armes all about London increase and double their guards stop passengers even on the Road the Councill of State so called sits night and day without intermission whereby the City militia and all the forces throughout England were drawn into a body to prevent the danger Yea so generall was the fear that they begin to court the people in their canting way And because you shall see their desperate fear of and divellish malice to the King and his Friends take the words of one of themselves as they pass Viz. A canting lye The Lord stir up the hearts of his people to prayer and sincere humiliation and fill them with unanimity and courage in this evill time and make the People to see that whatever fair pretences may be made use of by the common Enemy to get power into their hands yet should they prevail no man that hath been of a party against them heretofore yea no man that hath been a meer Neuter but must expect that his private Estate as well as the publick Liberty shall become a prey to a desperate crew of ravenous and unreasonable men for saith he like an irreverent Villain let but CHALES STUART get in and then to satisfie the rable of followers and the payment of forreyners to enslave you you shall soon see them entailed upon your selves and your Posterity to maintain the pompe and pride of a luxurious Court and an absolute Tyranny Thus far he which how much truth yea or but probability thereof is therein I dare appeal to the greatest Enthusiast among their whole gange for if there were nothing in it else but the rayling besides all the falsity and Scandall it were sufficient to convince the Speaker to be a Son of Beliall as having so far forgotten grace and laid a side all honesty that he durst rail against the Lords anointed concerning whom the Scripture forbiddeth to have an evill thought but t is the custom of rebells to go on from bad to worse and when they have once drawn the sword against their Prince to throw away the scabbard and never entertain a thought of return or repentance like the bold Usurper in the Poet. The more we are opposed the more wee 'le spread And make our foes our fuell To be head Wee 'l cut off any member and condemn Vertue of folly for a Diadem Banish Religion c. The use of the Juncto's fasting And such was their practice though sometimes especially when encompassed with dangers they hang their head like a bull rush and even but mock God with a fast while they only pray to be prosperous in their villany About this time the whole Nation of England began to grow sick of the abhorred fag end of a Parliament endeavouring to make head against them in Kent Sussex Surrey Hartford Hereford Glocester Bristoll in Cheshire especially where many of the Gentry were actually engaged correspondence maintained England sick of the Rump a rendevous appointed and the antient City of Chesâ—er surprised this indeed was the most formidable appearance in all England for the only appeasing whereof most of the County forces in those parts and several Regiments of the Army from London did speedily march under the command of a hot-spur zealot Mr. G. Lambert whose ambition made old Nol lay him aside as dangerous and that dishonourable discarding created him a desperate Enemy to the Cromwelian name and family which made the Juncto think him the fitter man for their service A rising in Châ—shire by Sir G. B. Sir G. B. appeared commander in chief in Cheshire though many other Noble Gentlemen were present so that this seemed to be the most likely place for Action Lambert according to Order being upon his march thither with three Regiments of horse and three Regiments of Foot and one Regiment of Dragoones besides a train of Artillery and the Juncto for his encouragement shot a paper gun by them called a Proclamation after him against Sir George Booth Sir Thomas Middleton Randolph Egerton proclaiming them and their adherents to be Rebells and Traytors and all else that should any way assist abet or conceal the carrying on of their design backed thus he marcheth furiously and in a fourtnight or three weekes time draweth neer to Cheshire in the mean and during his absence the congregated Churches of Schismaticks and Sectaries in and about London raise three Regiments for the security of those parts in the intervalls of which time Sir George Booths Declaration came out in print the contents whereof was setting forth how the Westminster Statesmen had violated all lawes of God and Men that the defence of the lawes and libâ—rties was the chief things he and his aimed at which would never by these self seekers be setled and therefore desired a new free Parliament This as it carried nothing in it but what was reall true so it gave very great satisfaction to all understanding people though by the Phanatick rout it was descanted upon otherwise but Gods time was not yet come for Lambert no sooner arrived with his Army neer Sir George Booth and his forces Sir G. B. â—â—u ed. but he fell on them with valour and violence which produced a very sharp engagement but the Country not being acquainted nor used to such hot furious work quickly yielded ground Sr. Georges whole body being afterwards drawn forth neer Northwich and possessed of the bridge they drew up their foot in the meadowes yet Lamberts Men being commanded to attempt the pass did it with such resolution that they soon beat the Enemy from them and made way for the whole Army who having passed the river immediately gave them a totall rout The newes of this victory so fleshed our bloodhounds that they began to boast above measure vaunting the Lords mercy to them his own people forsooth but Justice to their adversaries in so apparently blasting their Trayterous undertakings in every corner of the land like the turkes reckoning the goodness of their cause by the keenness of their sword Their maxime to make good their cause and denying that any thing may properly be called Nefas if it can but win the Epithete of Prosperum The Juncto upon this set forth a Declaration to invite all the people to thanksgiving for this great deliverance to the Parliament and Common-wealth as they stiled themselves Lamberts policy but Lambert intends to make use of his success against the loyall party for himself and to that end in a seeming slighting and neglect of himself writes
to the Parliament his Souldiers merits with whom the sooner to endear them he is more than usually familiar and the Parliament have no sooner voted him 1000 l. to buy him a Jewell as a mark of their favour but he presently distributes it among his Souldiers endeavouring by that and all other means to engage them wholly to himself so as to venture in one bottom with him he yet carried himself so that his ambitious design was not discovered and that he might the better conceal at this time Sir George Booth Sir G. B. taken who had fled from the battle at Northwich in Cheshire was taken at Newport-Pannel in disguise upon notice whereof he is committed close prisoner to the Tower of London for high Treason in levying warr against the Parliament and Common-wealth and that a Committee be appointed on purpose to examine him all which was done accordingly and Sir Henry Vane and Sir Arthur Haselrig two Saints of the Divells last edition went to him to take his examination While things are thus in handling here Lambert seeks cunningly to get all the strength of those Counties into his own hands which the Parliament at his request grant him by giving him power to seize all armes for their use as he pretended in the same of which piece of service they seemed to be very glad as also of letters that came out of Scotland assuring Generall Monkes fidelity to them against the interest of the Stuarts or any other whatsoever so that now they began to descant on the late design laying all the blame on the loyall party A triall of the royall family whose game they said it was though he least appeared in it taking occasion also from thence to blast the royall family with hellish scandalls the safety of which the divine providence hath alwayes had a particular and peculiar care of but as it were in despight of Heaven they are not content with all their former wickednesses of banishing exiling and railing against their lawfull Soveraign but now they will enforce all to renounce him which in September they Resolved in these words Oath of abjuration J. A. B. Do hereby declare that I renounce the pretended title of CHARLS STUART and the whole line of the late King James and of every other person as a single person pretending to the Government of these Nations of England Scotland and Ireland and the Dominions and Territories thereunto belonging And that I will by the grace and assistance of Almighty God be true faithfull and constant to this Common-wealth against any King single person and house of Peers and every of them and hereunto I subscribe my name Thus may every one see that it was not to amend or reform any errours in the State but only their particular malice to the Royall line and covetousness after their Estate that made them run into such desperate designes wherein having so deeply engaged themselves that there was no going back they mean to make all sure to their interest and to that end take into debate in the beginning of September the matter of the Government and referred it to a Committee upon the votes in 1648. The blindness of the Juncto To prepare something in order to the settlement of the Government on or before the tenth of October See here the indiscretion of these men after a ten years unsettlement and bringing all into confusion in all which time they have minded nothing but their own private wealth and till this last minute of time have not so much as thought of resettling and that they now have is so weakly that it tends no further than to an offer thus running willingly into one crime they daily perpetrate new ones without any sense of evill or will of amending attributing the guilt of their faults to all that endeavour either to reform or punish them The business of Cheshire thus blown over and the great hopes that were grounded thereon blasted the Juncto fall to their old humour of raising money no less will serve their turn than 100000. l. a moneth besides Excise and Customes â—â—xes and excise confirmed new delinquents made and militia arreas collected together with the hoped benefit that would arise from the sequestred Estates of new Delinquents and least any thing should escape them the 16th of September they vote That such persons as have been assessed to find horses and Armes by vertue of the Act of Parliament for setling the Militia and have not brought in their horses and Armes nor paid in lieu thereof the summ of money appointed by the said Act. That every such person and persons do under the penalty in the said Act mentioned pay after the rate of ten pounds for an horse and Armes for such number of horses and Armes respectively as they have been charged to find Resolved That such person and persons as have been assessed to find Armes for a foot Souldier and have not sent in the same or money in lieu thereof do under the penalties in the said Act mentioned pay respectively for every such foot Armes such summ of money as the Commissioners shall appoint not exceeding twenty five Shillings for every such foot Armes 'T is no matter you see by this whether any Horse or Armes be brought in at all so that the money be paid Oh! 'T is the money that adds Life and Legs to a decrepit and dying old cause The Grandees would never take so much pains unless an extraordinary profit also waited thereon which they resolve to compass though with the extreamest hazards whereof there began to be some kind of an appearance by the growing of heart-burnings and multiplying fears and jealousies between their late great Champion Lambert and themselves The Juncto grow suspitious o Lambert the sparks of which animosities growing into a flame quickly increased to that height that not daring to trust him any longer with the Army they send a seeming courteous Letter to invite him home which he taking no notice of any thing further than the pretended outside fair shew acceps of and on the 20th of September returnes accordingly to London but immediately before his arrivall there the Juncto He comes to London to shew the great charity wherewith they abounded took into consideration how to cozen the poor Knights of Windsor and to ingross into their hands all Hospitals and their reveneues by these two following votes Viz. Tuesday September 20th 1659. Resolved That it be referred to a Committee to look into the revenue for maintenance of the poor Knights of Windsor The Juncto intend to seize on all Hospitalls and convert their rents to examine what the same at present is and will be for the future after Leases expired and to see that the charitable uses to which the said revenue was granted be performed and the residue to be answered to the use of the Common-wealth by all means pray take a care of that and to