to his Officers to know what they had against him Who it seemes act all things without his privity and steere all the Armies present counsels and designes according to their absolute wills The publique Declaration and Protestation of William Pryn of Lincolnes Iune Esquire Against his present Restraint and the present destructive Councels and Iesuiticall proceedings of the Generall Officers and Army I William Pryn a Member of the House of Commons and Free-man of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Eares Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny and 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 freedome 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 publick services Doe here solemely 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 reall grounds of Religion Conscience Iustice Law prudence and right reason for the speedy and effectuall setlement of the peace and safety of our three distracted bleeding dying Kingdomes on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharge my duty on the Parliament staires next the Commons dore forcibly seized upon by Col. Pride Sir Hardresse Waller and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foot haled violently thence into the 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 forcibly detained Prisoner with other Members there restained 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 other accommodations contrary to the known Priviledges of Parl. the fundamentall Laws of the Realm and liberty of the Subject which both Houses the 3. Kingdoms the Generall with all Officers and Soldiers of the Army are by soleme Covenant and duty obliged inviolably to maintaine Since which I have without any lawfull power or authority been removed and kept Prisoner in severall places put to great expences debarred the liberty of my Person calling and denied that hereditary freedome which belongs to me of right both as a Free-man a Member an eminent sufferer for the publike a Christian by these who have not the least shadow of authority or justice to restraine me and never yet objected the least cause for this my unjust restraint I do therefore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannicall power the greatest breach of faith trust Covenant priviledges of Parliam and most dangerous encroachment on the Subjects liberties and Law 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 freedome in all their Remonstrances whiles they are triumphantly trampling them all under their armed iron feet And doe further hereby appeal to and 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 lesse tyrannicall oppressive unjust and fedifragus to God and men than themselves And doe moreover remonstrate that all their present exorbitant actings against the King Parl. present Government their new modled Representative are nothing else but the designs projects of Iesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Lawes Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdomes yea the Generall Officers and Army themselves and that with speedy and inevitable certainty to betray them all to our forraigne Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forraigne Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Iesuiticall disloyall bloudy present Counsels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdomes in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. Ianuary Num. 283. 27. Decemb. The Councell of Warre who manage the businesse in relation to the King saith the Diurnall ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and worke Him to their desires 52. Cromwels Sp. in the Ho when it was first propounded to trie the King When it was first moved in the House of Commons to proceed capitally against the King Cromwell stood up and told them That if any man moved this upon designe he should thinke him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the sudaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confirmed 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegall as they please to miscall them Oathes of Allegiance Supremacy and other Oathes usually administred to Officers Free-men c. of the City The 28. Decemb. Tho Scot brought in the Ordinance for Triall of the King it was read and recommitted three severall times 54. The Ordinance for Triall of His Majesty passed
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
from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to doe We doe hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Brethren of Scotland and Ireland who are united and conjoyned with us in Covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers Concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70. 71. 76. 77. 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Iustice of it selfe and having no power to heare and determine any civill or criminall Causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void illegall Commissions 3. That the House of Commons and Members now sitting have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Iudges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Stature of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at a Conference of both Houses of Parl concerning Ship mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloody murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such Commissions and proceedings and by the power of an Army to enforce them and the Iudges Iustices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the New Courts of Justice are most really guilty of both these high * Whereupon six Judges refused to accept any new Commissions or to act as Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their Oaths Covenant Callings and Places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
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
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
the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdome did forbeare to proceed judicially against Him but found by sad experience that such their remissnesse served onely to encourage Him and His Complices in the continuance of their evill practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Trayterously and malitiously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas 〈◊〉 Fairfax Generall Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip. Lord Lisle Will Lord Munson Sir Iohn Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harrington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaac Pennington Alderman Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Pureâ—oy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berckslead Col. Mat. Tomblinson Iohn Blackston Esq Gilb Millington Esq Sir Will Cunstable Col. Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Lavesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburne Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburne Col. Adrian Scroope Col. Richard Deane Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Ioh Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Es Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Eq. Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Hump Edwards Esq Greg. Clement Esq Iohn Fray Esq Tho VVogan Esq Sir Greg Norton Serj. Iohn Bradsaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Alder Thomas Scot Alder Tho. Andrewes Ald VVilliam Cawley Esq Abraham Burrell Esq Col. Anthony Stapley Roger Gratwicke Esq Iohn Downes Esq Col. Thomas Horton Col. Tho. Hammond Col. George Fenwicke Serj. Robert Nichols Robert Reynolds Esq Iohn Lisle Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn VVeaver Esq Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Es Augustin Skinner Es Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Browne Esq Iohn Lowrey Esq Mr. Bradshaw nominated President Counsellors assistant to this Court to draw up the Charge against the KING are Doctor Dorislow Master Steele Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerk to the Court. Messengers and dore-keepers are Master VValford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Iudges for the hearing Trying and Iudging of the said Charles Stuart and the said Commissioners or any 20. or more of them shal be and are hereby Authorized and Constituted an High Court of Iustice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hande and seales shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of VVestminster and to adjourne from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whether VVitnesses upon oath were necessary upon Trials of life and death But I confesse that upon the defensive part upon Indictments VVitnesses upon oath were not to be heard against the King much more Accusers of the King and for examination of VVitnesses upon oath if need be coneerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfax * * The Generall is no Officer of justice All welaffected Persons tag and rag invited to assist in a Tumultuary way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted doe continue for the space of one Month from the Date of the making hereof and no longer 60. A new Great Seale to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seale against Him because it vvas the Kings Great Seale no more could they use any of our Lavves Courts or Iudges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither vvould the Grace of God square vvith their proceedings they must therefore make a nevv Great Seale but that vvas long a making and their fingers vvere in the fire they therefore proceeded vvithout any Commission under Seale onely upon the said Ordinance and every Commissioner set his ovvne hand and seale to the publique instruments of their proceedings vvhat need ceremonies vvhen men are resolved upon the substance 61. The Iews petition the Councell of VVar to have the Stat of their banishment repealed About this time the Hebrevv Ievves presented a Petition to the uncircumcised Ievves of the Councell of VVarre That the Statute of Banishment against them may be repealed and they readmitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanded Hugh Peters and Harry Martyn solicite the businesse Vpon this occasion vvas published this Paper ensuing 62. A Paper published upon occasion of
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
thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamentall Lawes of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought sit to be inflicted on them shall speake or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street 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 Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke 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-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties 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 Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke 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 leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
Englands Nevv Chaines and the Hunting of the Foxes No obedience is due by Lavv to them vvhich takes no notice of this forme of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedome and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey Towne of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and performe the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely About the same time they passed another Act for Abolishing the House of Peers to this purpose 112. An Act for Abolishing the House of Peers More Nevv lights nevv di coveries made by forty or fifty 〈◊〉 〈◊〉 grosse fiery Meteors remaining in the H of Commons THe Commons of England assembled in Parliament finding by too long experience that the House of Lords is uselesse and dangerous to the People of England to be continued have thought sit to Ordaine and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or in any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Neverthelesse it his hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common-wealth nor their Posterities who shall so continue shall be excluded from the publique Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto Elected as other Persons of interest elected and qualified thereunto ought to have And be it farther Ordained and Enacted by the Authority aforesaid that no Peere of this Land not being Elected qualified and sitting in parliament as aforesaid shall claime have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Lawes Vsage or Custome to the contrary notwithstanding * * 133. A Declaration of the Commons to shevv the Reasons of their said proceedings The State is Free but the People Slaves as a Galley is free but the Rovvers Slaves 1 part 72. 73. See these Books A full Ansvver to an infamous Pamphlet entituled A Decl of the Commons of England The Charge against the King dis harged The Royall and Royalists Plea King Charles vindicated c. And His Maj last Book or Pourtraicture His Maj Gracious Messages for Peace And to lessen the amazement of the People the same day they passed and Ordered to be printed a Booke called A Declaration of the Parliament of England expressing the grounds of their late proceedings and of setling the present Government in the way of a Free-State when they formerly passed the 4. Votes for no more Addresses to our late King they seconded it with a Declaration to shew the Reasons of those Votes wherein they set forth no new matter but what they had formerly in parcels objected against Him and yet they have since that time made Addresses to him both taken caused others to take the Oaths of Allegiance Supremacy the Protestation Covenant to defend His Person and Authority c. And in this Declaration there is no new objection of moment but what is conteined in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I looke upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently Answered in severall Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short ObservatioÌ„s of my owne upon it p. 5. The Parliament in imitation of their Masters the Councell of Officers pretend a necessity to change the fundamentall Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth pag. 15 16. That Offices of Inheritance are forfeited by Breach of Trust a condition annexed to every Office and seems to imply as much of the Kingly Office but this Pen-man had forgot that by the Lavv the Crowne takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it vvere absurd to make Him accountable to any Authority for in such case that Authority vvould be Supreme to Him and so erect tvvo Supremes one jarring and interferring vvith the other vvhich in Lavv and Policy is as absurd as to suppose tvvo Almighties or Infinities in Divinity vvhich cannot be for that one Infinity vvould terminate another Impossibile esse plura Infinite See Greg Tholosâ—nus l. pol. 1. Keckerin Sistema pol. l. 1. Contzenii l politic 1. à cap. 17. ad c. 25 and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero sinitum saith Cusanus pag. 16. The Declarers play the Orators in behalf of the felicity of Government by Free-States rather than by Kings and Princes This is a spacious field to vvalk in I vvill onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperity and good Government of the Switz vvhich I think vvas never commended before a grosse-vvitted People living in a confused vvay of Government vvhere virtue and industry find no revvard the Rich become a daily pray to the Poore and their popular Tribunes vvho uphold their credits by calumniating the vvealthy and confiscating or sequestring their Estates the best vvealth of this Nation is Pensions
Officers they cast Lots againe and againe untill fortune agreed with their desires This being discovered a printed Paper was scattered about the streets 26. April 1649. as followeth ALL worthy Officers and Souldiers who are yet mindfull that you engaged not as a meer mercinary Army hyred to serve the Arbitrary ends of a Councell of State but tooke up Armes in Iudgment and Conscience in behalf of your own and the peoples just Rights and Liberties you may see plainly by the proceedings of Col. Hewson with his Regiment that the designe of your grand Officers is to reduce the Army to a meer mercinary and servile temper that shall obey all their commands without so much as asking a question for Conscience sake Intending by this blind obedience in you to make you he whatsoever they shall find requisite to establish their owne absolute power over the Common-wealth yea though it be to cut off your best friends or perpetuate this their owne Parliament and Councell of State things so evidently destructive to your owne and the peoples just Rights and Liberties as nothing can be more And for compassing whereof you know they have long since dissolved the Agitators and erected a Councell amongst themselves by which they have moulded the Parliament and a Councell of State to their owne wills both which are to be as ascreen between the People and your Grandees to make the world believe they doe nothing but by order of Parliament and Councell of State when they order all things themselves and indeed are confederated together to defend and protect each others in their defrauding and enslaving the Common-wealth This they have long aymed at but cannot possibly effect it untill they reduce the Army to a servile and base temper which they have been laboring to bring to passe a long time as by picking quarrels with most Officers and Souldiers that have manifested any sence of Common Right and so vexing them and wearying them out of Troops and Companie And you know they have been more than once disbanding twenty of a Troup upon pretence of easing the publique charge all their mischief being ever done after either fasting and prayer or upon some very specious pretence but the care and resolution of the honest Officers and Souldiers ever preuented this But now the businesse for Ireland it seems must doe the deed that being a service that must be preferred before the setling of the Liberties and Freedomes of this Nation and all that are not for this service must be esteemed no better than Enemies and Traytors and therefore an Ahab-like Fast goeth before the Lots are cast and Col. Hewson falls to worke and disbands all those Souldiers and Officers that refused to engage for the service of Ireland before the Liberties of England which we never trod under foot be restored to the people The end of this being to be a leading case to all other Regiments both Horse and Foot not that they certainly intend for Ireland but by such meanes to be rid of all such as are apt to desire to be satisfied in their Consciences of the justice of the Cause before they engage in the killing and slaying of men any more or before they see some fruits answerable to the bloud that hath been spilt And being rid of this kind of Officers and Souldiers then to fill the Regiments as this Hewson doth with such ignorant needy or servile men as these miserable times through losse of Trade have begotten And this being done then to make more strict enquiry after this sort of people in the Army and all other places suppresse Meetings and if that will not doe then to disarme all from whom they suspect the least repining or opposition And therefore all those Officers and Souldiers and all people in all places are concerned in a very high nature even as much as the freedome of the Nation is worth yea as they tender the good of their VVives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischiefe that ever was attempted the greatest Treason that ever was committed against the liberties of the people and not to stand any longer in a miz-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councell of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stirre not but immediately chuse you a Councell of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the People are like to be beggered and destroyed About this time Master Robert Lockier and five or six other Troupers of Captaine Savages Troup vvere condemned for a supposed mutinys in behalf of vvhom Lieut. C. Iohn Lilburne vvrit this Letter follovving to the Generall dated 27. April 1649. 151. M. Lockier condemned by a Councell of VVarre with his honourable death and buriall and Lilburnes Letter to the Generall May it please your Excellency WE have not yet forgot your Solemne Engagement of Iune 5. 1647. vvhereby the Armies Continuance as an Army vvas in no vvise by the vvill of the State but by their ovvne mutuall Agreement And if their standing vvere removed from one Foundation to another as is undeniable then vvith the same they removed from one Authority to another and the Ligaments and Bonds of the First vvere all Dissolved and gave place to the Second and under and from the head of their first Station viz By the VVill of the State the Army derived their Government by Martiall Lavv vvhich in Iudgment and Reason could be no longer binding then the Authority vvhich gave being there to vvas binding to the Army For the deniall of the Authority is an Abrogation and Nulment of all Acts Orders or Ordinances by that Authority as to them And upon this account your Excellency vvith the Army long proceeded upon the Constitution of a nevv Councell and Government contrary to all Martiall Lavv and Discipline by vvhom onely the Army Engaged to be Ordered in their prosecution of the ends to vvit Their severall Rights both as Souldiers and Commoners for vvhich they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided vvithout satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-vvealth as should be agreed unto by their Councel of Agitators And by vertue and under Colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusall to Disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your First and Second March up to London your late violent Exclusion of the Major part of Members out of
the House and their Imprisonment vvithout Cause c. vvhich can no vvay be justified from the Guilt of the highest Treason but in the accomplishment of a righteous end viz The enjoyment of the benefit of our Lavves and Liberties vvhich vve hoped long ere this to have enjoyed from your hands Yet vvhen vve consider and herevvith compare many of your late carriages both tovvards the Souldiery and other Free People and principally your Cruell Exercise of Martiall Lavv even to the Sentence and Execution of Death upon such of your Soldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army vve cannot but look upon your defection and Apostasie in such dealings as of most dangerous Consequence to all the Lavvs and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. vvhich vvith your Excellency in point of duty ought not to be of the meanest obligation VVe do protest against your Exercise of Martial Lavv against any vvhomsoever in times of Peace vvhere all Courts of Iustice are open as the greatest encroachment upon our Lavves Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troup yesterday by a Court Martiall upon the Articles of VVarre and sentencing of tvvo of them to death and for no other end as vve understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King vvhich declareth That no person ought to be judged by Law Martiall except in times of VVarre And that all Commissions given to execute Martiall Law in time of Peace are contrary to the Lawes and Statutes of the Land And it vvas the Parliaments complaint That Martiall Lavv vvas then commanded to be executed upon Souldiers for Robbery Mutiny or Murder VVhich Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Lavv in England and there promise to preserve inviolably it and all other the Fundamentall Lavves and Liberties concerning the preservation of the Lives Properties and Liberties of the people vvith all things incident thereunto And the Exercise of Martiall Lavv in Ireland in time of Peace vvas one of the chiefest Articles for vvhich the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or vvarrantably destroy the Fundamentall Liberties and Principles of the Common Lavv of England It being a Maxim in Lavv and Reason both that all such Acts and Ordinances are ipso facto null and void in Lavv and binds not all but ought to be resisted stood against to the death And if the Supreme Authority may not presume to doe this much lesse may You or Your Officers presume thereupon For vvhere Remedy may be had by an ordinary course in Lavv the Party grieved shall never have his recourse to extraordinaries VVhence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Iustice according to the Lavvs and Statutes of the Realme in the times of Peace as novv it is and the extraordinary vvay by Courts Martiall in no vvise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a Generall or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martiall Law it is absolute murder in that Generall c. Therefore erecting of Martiall Lavv novv vvhen all Courts of justice are open stopping the free current of Lavv vvhich sufficiently provides for the punishment of Soldiers as vvel as others as appears by 18 H. 6. c. 19. 2 3 E. 6. c. 2. 4 5 P. M. c. 3. 5. l. 5. 5 Iam. 25. is an absolute destroying of our Fundamentall Liberties and the razing of the Foundation of the Common Lavv of England the vvhich out of Duty and Conscience to the Rights and Freedoms of this Nation vvhich vve value above our lives and to leave You and Your Councell vvithout all excuse vve vvere moved to represent unto Your Excellency Earnestly pressing You vvell to consider vvhat You doe before you proceed to the taking avvay the Lives of those men by Martiall Lavv least the bloud of the Innocent and so palpable Subversion of the Lavves and Liberties of England bring the revvard of just vengeance after it upon You as it did upon the Earle of Strafford For Innocent bloud God vvill not pardon and vvhat the people may doe in case of such violent Subversion of their Rights vve shall leave to Your Excellency to judge and remaine Sir Your Excellencies humble Servants IOHN LILBURNE RICH OVERTON From our Canslesse and unjust and Tyrannicall Captivity in the Tovver of London April 27. 1649. Notvvithstanding vvhich Letter and much other meanes made the said Lockier vvas Shot to Death in Saint Paul's Church-yard the same day to strike a terror and slavish feare into such other Souldiers as shall dare to take notice of their approaching slavery but his Christian and gallant deportment at his death vvith the honourable funerall pomp accompanying him to his Grave turned all the terror of his Tragedy into hatred and contempt of the Authors thereof 152. Arreares given to Col. A Popham H. Martin temptations put upon Lilburne and Ioyce About this time the House of Commons gave to Col. Alexander Popham all his Arreares and to Harry Martyn 3000 l. to put him on upon the holy Sisters and take him off from the Levellers And Cromwell is novv playing the Devils part shevving the Kingdomes of the earth and tempting Iohn Lilburne to fall dovvne and vvorship him to forsake his good principles and engagements and betray the liberties of the people but L. Col. Lilburne is higher seated in the good opinion of the people than to be suspected of so much basenesse vvho are confident he vvill as constantly resist false promises and vaine hopes as he hath vaine threats and terrors of Indictments and not cast avvay the hold he hath of immortality by hearking to such a Syren vvhose promises are but baits vvith a hooke hidden under them and his preferments but like Mahomets paradise he that hath cousened all the Interests of the Kingdome vvill not scruple to cheat his Enemy a free-spirited plaine meaning man This is to undermine and blovv up his credit vvith his party and make him liable to a revenge hereafter He that stoops to the lure of a knovvn Enemy is guilty of inexcusable folly and a Betrayer of himselfe especially having had so faire a Copie of Consâ—â—ncy set
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
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
onely two months pay 2. They have taken away three parts of their Arreares for Free-quater without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldiers that are continued in Armes shall fare no better when they have served their turnes with them Pag. 10 they say Their engagements against the King was not out of any Personall enmity but simply against his Oppressions and Tyranny on the People but the use and advantage on all the successe God hath been pleased to give us is perverted to that end That by His removall the Ruling Sword men might intrude into His Throne set up a Martiall Monarchy more cruell arbitrary and tyrannicall than England ever tasted of that under the notion of a Free-State when as the People had no share at all in the constitution thereof but by the treachery and falsnesse of the Lieutenant Generall Cromwell and his Son-in-Law Ireton with their Faction was inforced and obtruded by meer Conquest on the People And a little after now rather then to be thus vassallized thus trampled and trod under soot by such as over our backs have stepped into the Chaire of this hatefull Kingship over us in despight of the consent choice and allowance of the Free-People of this Land the true fountaine and originall of all just Power as their owne Votes against Kingly Government confesse we will chuse subjection to the PRINCE chusing rather ten thousand times to be His Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Originall of all just Authority pretend the promotion of the Agreement of the People stile this The first yeare of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under paines of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundlesse lawlesse wills their naked Swords Armies Armes is now Law in England c. 16. August 1649. Col. 209. Col Morrice Governour of Pontefract for the King Endicted at the Assizes at York condemned and executed Morrcie who kept Pontefract-Castle for the KING was Endicted before Iudge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying Warre against the late King and Parliament The Colonel challenged one Brooke Fore-man of the Iury for being his professed Enemy but the Court knowing Brooke to be the principall Verbe the Key of their worke answered Morrice He spake too late Brooke was sworne already Brooke being asked the Question Whether he were sworne or no replied He had not yet kissed the Booke The Court answered It was no matter that was but a Ceremony alleaging he was recorded Sworne there was no speaking against a Record Sure they made great haste to record him sworne before he could kisse the Booke so Brooke was kept in upon this cavill by whose obstinacy Morrice was condemned I cannot wonder that legall Formes Ceremonies are laid by although justice cannot subsist without those Legalities to ascertaine her proceedings which otherwaies would be left at large to the discretion of the Iudge when I see our knowne Lawes Magna Charta the Petition of Right 3. Carol. and the rest with the fundamentall Government of this Nation pulled up by the roots to carry on their Designes of enslaving the People to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants Oathes to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the People they would observe the knowne Lawes of the Land But to returne to our Relation Then Morrice challenged 16. more of the Iury whereat Pulleston was so pettish that he bade Morrice keep his compasse or else he would give him such a blow as should strike off his head Untill Morrice cited the Stat. 14 Hen 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Iudges which ought to be of Councell with the Prisoner in matter of Law endeavouring to out-face and blind the Prisoner with ignorance of the Law being a Martiall Man Then he desired a Copie of his Endictment that he might know what to answer saying he might plead Speciall as well as Generall which the Court denied him Next because there was point of Law in it he desired to have Councell citing the Stat. 1. Hen 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councell allowed him being endicted at Winchester for an endeavour to Murder KING CHARLES the First and had many other favours denyed to Morrice Then Col. Morrice for his discharge produced the PRINCE'S Commission as Generalissimo to the KING his Father The Iudges answered The Prince was but a Subject as Morrice was and if He were present must be tried as he was and rejected the Commission without reading Morrice told them the Prince had His Authority from the King in whose name all Iudges Officers did then Act. The Court Answered the power was not in the King but the Kingdome Observe they endicted him for Leavying Warre against the King and Parliament The word Parliament was a surplusage for which no Indictment could lie no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavyeth Warre in England in the intendment of the Law is said to Leavy Warre against the King onely although he ayme not at His Person but at some other Person And if he that Leavyeth Warre against the King His Crowne Dignity be a Traitour how much more must they be Traitours that have actually Murdered the King and Dis-inherited and proscribed his lawfull and undoubted Heire and as much as in them lies have subverted the Monarchicall Government of the Land and consequently all Monarchicall Lawes whereof the Stat. of Treasons for Leavying Warre against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchicall Law So Morrice was found guilty by a Iury for that purpose And an illegall president begun to cut off whom the Faction pleaseth under a pretence forme of Law without help of a Councell of Warre or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannicall trick To rule the People by the Lawes but first to over-rule the Lawes by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may goe to the gallowes Thieves must sit on the bench but silent Leges inter arma and now silet Iustitia inter Leges silet Ius inter Iudices the mungrell hypocriticall three-headed conquest we live under hath dispoiled justice of her ballance Three-headed consisting of 1. Councell of Warre 2.