of their own making but when the King had neither Army nor Garrison in the Kingdom and thereby this necessity was removed why did they not to prevent Tumults Insurrections and a new war content the People and return all things into their old Chanel and restore to the people their Religion Laws and Liberties being their first principles for which they engaged them to spend their blood and treasure and for defence whereof they engaged themselves and us in a Covenant with Hands lifted up to the High God Why did they then provoke the Scots to a new War but that they might have occasion to keep up their Army still and inthrall the Kingdom look upon their Doctrine as well as their aforesaid practices and you will find that all they do is but to carry on a fore-laid design to lay by the King and enslave the People under the new erected Kingdom of the Saints the Grandees of Derby-house and the Army In the Declaration against the Scots Papers p. 67. They have adjudged the King unfit to Govern and p. 70. they say the power of the Militia was the principal cause of their War and quarrel with the King and in their Declaration against the King they say they cannot confide in Him It hath been commonly spoken in the House of Commons that the two Houses nay the House of Commons alone is the Supreme power of this Nation under God 16. Mach 1642. Both Houses Voted it a High Breach of Privilege of Parliament for any Person not excepting King or Judge to oppose their Commands or to deny that to be Law which the two Houses declared to be so In their Declaration against the Scots Papers p. 63. The Members say That in all matters either concerning Church or State we have no Judge upon Earth but themselves Who will account the Popes plenitude of power monstrous hereafter that shall observe this Doctrine and practice of Subjects in Parliaments claiming and exercising a Supreme Government whereof the Militia is a part a Legislative and Judicative power over the Consciences Lives Liberties and estates of their Fellow Subjects And all this under colour of a necessity raised by themselves out of a dispute they set on foot against the King which they have affirmatively adjudged and determine for themselves against Him without consulting the Laws Statues and usages of the Realm Nay the very Oaths of Supremacy and Allegiance which all with one voice speak against them Who would think that a faction in Parliament or any pest lesse than an Earth-quake or Deluge should in seven years time reduce so well-formed a Common-wealth into such a Chaos Yet even now the People are promised to be governed by the known Laws and Judges are appointed to determine sutes according to the Laws Surely There never was Tyrant that deprived his Vassals of a known Law amongst themselves this were to disable them to acquire wealth and so lose his own benefit of Taxes and Confiscations By the Laws of England a villain was protected in his goods against all men his Lord excepted The Turkish Vassals heap up much wealth and are protected against their fellow slaves though not against their Grand Seigneor who may seize their estates and take their lives at pleasure And this is all the protection the people of England have now by the Laws We have the benefit of Law one against another unless some Powerfull Member interpose but against the two Houses or either of them or any Grandee what Law what Justice can protect our lives liberties or estates and yet we were allowed heretofore to make our defence in Law against the King And until the King be again restored to his Right expect no better Right to be done you by this heedless head-strong Faction in Parliament The summe of all their endeavours is no more but this 18. The final scope of the Grandees endeavours The Grandees of Derby-house and the Army have already by their Votes of No Addresses and their scandalous Declaration laid by the King and in Him Monarchy notwithstanding they delay and fool the people with tedious debates of a Personall Treaty And when this innovation is digested by the people their next step will be to make use of the Schismatical Antimonarchical party in the House of Commons Army and City to cast off the House of Peers as Prerogative creatures and rags of Royalty some Schismatical Plebeian Lords excepted who shall recruit the Power they lose in the House of Lords by being of the Committee of Derby-house and when the people are well inured to this change and the grievance of it worn out by custom then to lay by the House of Commons and usurp the full Power of the King and Parliament into the Committee of safety at Derby-house who by way of preparation doe already stile themselves in all forein Negotiations The STATES Nay they doe already act all matters of moment at home and assume unto themselves all the properties of a State the Parliament being but a Sub-Committee to them upon whom they put what Impositions and Injunctions they please witnesse the design put upon the House of Commons for every Member to subscribe what number of Horse he would maintain for a Guard I know not whether to the Parliament or to the Committee of Derby-house This disease being now come to its Crisis 19. The Prognostick of this Disease it is no hard matter to pronosticat That nature that is the King our natural liege Lord must inevitably prevail at last against this Antimonarchical Faction for these reasons 1. The King can never want a Party the Parliament or rather Antimonarchical faction in Parliament can never manage a party without faction and confusion 2. The King may hushand his treasure to His best advantage the faction in Parliament cannot but must necessarily be cheated that they may be followed and befriended since only common crimes and common profit glues and cements them together and only such are found to be confiding men to them 3. The King is now discovered to every common capacity to have all the known Laws on His side the Parliament all known Laws against them and the people will no longer be governed without Law by new Arbitrary inventions 4. The King hath recovered all the peoples affections the Parliament hath lost them a privation which can never be reduced into habit again 5. The King is allyed both in Consanguinity of Blood and affinity of Cause with all the Princes of Christendom the faction in Parliament are terrae filii faterculi Gigantum Mushromes 6. The Kings Army will obey Him and His Interest the Parliaments Army will command them and their Interests besides they are men of different Principles and Interests only held together by profit and when that fails they fall in sunder Nothing therefore but a free Personal Treaty in London can prevent a Conquest whatsoever desperate forlorn people say to the contrary The Epilogue I Am not Ignorant
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denyed I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lye against the KING they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamental Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speak not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I will not trouble my Reader with these being enough to shew the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
and leaving no Money to content the Generals remaining part of the Army the turning the odium of seizing and secluding the Members and Murdering the KING upon the General were not sufficient diminutions of the General and augmentations of his Lievtenant General The Welch Counties are set on work to desire Harry Martin for their Commander in Chief and the Western Garrisons the most considerable of England are to be taken from the General and put into the hands of Cromwel and his Party for his retreat from Ireland so that if all this do not enable him to ruine the General it will at least enable him to divide the Army and cantonize the Kingdome and turn the General into the dangers and troubles of the starving forlorn North Counties bordering upon Scotland And if Cromwel find Ireland too hard a bone for him it is thought he will endeavour to surprize the Isle of Man and from thence infest Scotland and Ireland 202. An Inquisition for blood an ingenious piece newly come to light About the 18. July 1649. was presented to the world an ingenious â—ce entituled An Inquisition for Blood to the Parliament instatu quo nunc And to the Army Regnante wherein the Author proves That the KING did not take the guilt of blood Himself by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight in these words viz. That he acknowledged that the two Houses of Parliamentâ— were necessitated to undertake a War in their own just and lawful Defence c. And that therefore all Oathes Declarations or other publique Instruments against the two Houses of Parliament or any for adhering to them c. be Declared null suppressed and forbidden His Majesty in yielding to this Grant had reference to two ends 1. To prepare the way to peace which without this had been hopeless 2. To secure and indempnifie the two Houses with all their Adherents and rid them from those despairing feares and jealousies which made them adversaries to Peace For the words of the Preamble they were not of His penning He was not Author of them but an Assentor to them nor was He or his Party accused or so much as mentioned in them He made this Concession sub stricta novacula when the Razor was as it were at his throat 1. An Army of 30000. Horse and Foot effective against Him 2. When He was endangered and tired out with a long and close Imprisonment 3. When many dangerous and menacing Petitions against His life had been encouraged and entertained so that the King may seem to have been necessitated to yield to this Grant for His own just and lawful defence His Majesty passed this Concession with these two Provisoes 1. That it should be of no validity until the whole Treaty were intirely consummated 2. That He might when he pleased enlarge and clear the truth with the reservedness of his meaning herein with publick Declarations Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocal Proposals 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 Lawes are condemned by many Lawyers and Polititians Est nihil frigidius Lege cum Prologe jubeo 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 Laws of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Laws least in account nor never had the force of Laws There 's not a syllable in this Preface which Repeals any former Law inflicting a Penalty upon such Subjects as bear or raise Arms 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 Quarrel Whereas the said Preface saith the two Houses were necessitated to make a War c. This may relate to a necessity à parte post not à parte ante self-defence is the universal Law of nature extending to all Creatures it is non scripta sed nata Lex By raising Tumults c. Therefore when the two Houses or rather a schismatical Party in them had brought upon themselves a necessity of Self-defence His Majesty was content to acknowledge that necessity If one man assault another 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 own defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriges Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civil Wars 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 unusual at the close of Civil Wars and the only 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 Laws to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and War 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 Blood upon His score my Author having cleared his way to his farther Inquisition after Blood proceeds and tells you Blew-Cap was the first that opened the Issue of Blood 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 clear him my Lord Macguire upon the Ladder and another upon the Scaffold did freely and clearly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Author winds up the causes thereof upon one bottom 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 unpolitick harsh Answer 3. They who took off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earl of Leicesters going into Ireland 4. They who hindered part of the disbanded Army of 8000. Men raised by the Earl of Strafford being Souldiers of Fortune
as if those excellent gifts had never received their birth nor been so much as shewen to the People untill they murdered the King and stepped into his Throne But how righteous a Free-State or Common-wealth is this like to be And how well are the People therein likely to be instructed in the waies of Righteousnesse Justice and Charity and improved in good life and conversation by men so principled as aforesaid Let the world judge Especially when they observe That our New Statists have enacted in the said pretended Act. 2. January 1649. enjoyning the Engagement That whosoever will promise Truth and fidelity to them by subscribing the Engagement may deal falsely and fraudulently with all the world besides And break all Bonds Assurances and Contracts made with Non-engagers concerning their Estates and pay their Debts by pleading in Bar of all Actions That the complaint hath not taken the Engagement This is to rob the Egyptians of the good things of this world This is to break their Faith by the Motions of the Spirit This is to cheat and rob their Neighbours without breach of Charity or Justice and without imputation of Sin according to their aforesaid Tenets 3. I am come now to consider in the third place The way and Manner of their proceedings How consonant they are to the usuall proceedings of our known Lawes and Legall Courts of Judicature the best Inheritance of all Freemen whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court herewith printed 1. The first course they commonly take is To break open mens Houses Studies Chests c. and seise their Papers and thereby hunt for Matter of Charge against them And then to examine them against themselves upon the said Papers contrary to Magna Charta which saith Nemo tenetur prodere seipsum And contrary to the Doctrine of Christianity which forbids a man to destroy his own life or be Felo de se as many men unwittingly do who answer to captious ensnaring questions When that tempting question was put to Christ Art thou the King of the Jews He returned no other Answer then Thou sayest it Why askest thou me Ask them that heard me That is Ask witnesses It was objected against the Oath ex Officio That it was High Injustice to examine a man against himself Because his Answers may only serve to condemn but not to acquit him 2. They usually break open houses with Souldiers at all houres of the night pulling men out of their beds with great violence and Terrour and so carry them away under pretence whereof Robberies and Murders have been committed Whereas by the Stat. 1. Ed. VI. chap. 12. and 5. and 6. Ed. VI. chap. 11. A man ought not to be accused of High Treason but to one of the Kings Counsel or to one of the Kings Justices of the Assize or to one of the Kings Justices of the Peace being of the Quorum or to 2. Justices of the Peace where the Offence is committed Cooks 3. Instit chap. High Treason pag. 26. 27 28. 3. They Commit men to Prison without any Accusation or Accusor made known and during pleasure and detain them in Prison many yeares together without any Legall proceedings or Charge against them sharing their Estates Offices and Revenues by Sequestrations and Suspensions of the Profits amongst themselves without any Crime objected And so leave them to starve rot and dye in nasty Gaoles for want of Maintenance under the cruelty of covetous and mercilesse Gaolers whom they bear out for mony in all their Extortions And being thus imprisoned and wounded with the displeasure of the State no man dares adventure upon any security to lend him money for fear of incurring the disfavour of the State and a Note of Malignancy Witness about 3000. Scottish Prisoners of War starved to death at Durham where they eate one another for hunger These were taken at the battle of Dunbar on 1650. 3. Sept. and many hundred Prisoners have been murdered in Gaoles with hunger cold nastiness and contagion after they have been robbed of their Estates and no Crime laid to their Charge this is become a daily practise whereby their Prisons are become private Slaughter-houses as well as their Courts Publick shambles of Injustice Prisoners in the Tower of London To which prison no Goale-delivery belongs were alwaies wont in the time of that supposed Tyrant King Charles I. and his Predecessors to have allowance from the King according to their severall degrees As 5 l. a weeke for an Esquire c. although the King deprived them of no part of their Estates untill conviction and this Maintenance was provided for them by the Lieutenant of the Tower and in respect of his care and paines in procuring it he had Fees and not otherwise though now they continue and encrease the said Fees the cause being taken away the effect ceaseth not But these men now in power after they have Committed men and robbed them of their Estates without cause shewen are so far from giving them any allowance to feed them that they shut them up close Prisoners in unwholsome Chambers denying them the Liberty of the Tower and the benefit of fresh Aire the Cameleons Diet for their health and resort of friends for their accommodation And that they may be sure to deprive them of all legall meanes by habeas corpus to recover their liberties They Commit men by illegall warrants not expressing any particular Offence or cause for their Commitment so that it is impossible for the keeper of the prison to obey the habeas corpus which is directed to him in these words Praecipimus tibi quod corpus A. B. unâ cum causa detentionis suae habeas coram nobis c. ad recipiendum ea quae curia nostra c. Whereupon the Gaoler or Sheriff is to bring his Prisoner to the Bar and tender his mittimus to the Court shewing the particular cause of his Imprisonment that the Court may judge whether it be Legall or no. Dolosus versatur in Generalibus In the Acts of the Apostles chap. 25. vers 26 27. Festus thought it unreasonable to send Paul a prisoner to Cesar to whom he had appealed and not withall to signifie the Crimes laid to his Charge See Cooks 2. Instit fol. 591. 4. Their usuall Course of practising and suborning witnesses tempting them with hopes and terrifying them with fears is so notorious That it is known the Counsell of State have hundreds of Spies and Intelligencers Affidavit-men and Knights of the Post swarming over all England as Lice and Frogs did in Egypt and have both Pensions and set rates for every Pole brought in So that now the whole Nation is proscribed and every mans head set to sale and made a staple commodity far beyond the definite Proscriptions of Silla and the Triumvirate aforesaid These Sons of Belial are sent forth to compasse the earth seeking whom they may devour These with the
1650. as I find it in Politicus speaking of his new purchased victory over the Scots Cromwel saith God puts it more and more into your hands to improve your power viz. your absolute Authority we pray own his People more and more that is the Army they are the Chariots and Horsmen of Israel of the Kingdom of the Saints disown your selves but own your Authority which you enjoy under the Protection of the Army your Lords Paramount and improve it to Curb the Proud and Insolent c. That is all men of different opinions and parties from them that will not engage to be true and owe Allegiance to the Kingdom of the Saints and resign their Laws Liberties and properties to their lusts and wills That I have not misconstrued the contents of Cromwels mystical letter will appear by a Discourse in the same Politicus Numb 17. from Thursday Sept. 26. to Octob. 3. 1650. Where according to his custom delivering forth State-Oracles to the people He tels them in plain English That after the Confusions of a Civil War there is a necessity of some settlement and it cannot be imagined the Controversie being determined by the Sword that the Conquerours should submit to the conquered though more in number than themselves Nor are they obliged to settle the Government again according to the former Laws and Constitutions but may erect such a form as they themselves conceive most convenient for their own preservation For after a Civil War the written Laws viz. established Laws of the Nation are of no force but onely those which are not written And a little after the King having by Right of war lost his share and interest in Authority and power being conquered by Right of war the whole must needs reside in that part of the People which prevailed over him There being no middle power to make any claim and so the whole Right of Kingly Authority in England being by Military Decision resolved into the prevailing Party what Government soever it pleaseth them to erect is as valid de Jure as if it had the consent of the whole Body of the People That he should affirm That after a Civil War the Established Laws cease is so gross a piece of ignorance that there is hardly any History extant but confutes it After our Barons war and the Civil War between York and Lancaster Our Established Laws flourished so did they after the Norman Conquest How many Civil Wars in France have left their Laws untouched That of the Holy Leage lasted 40 years Belgia keeps her Laws maugre her intestine Wars What is now become of the Parliaments declared Supreme Power and Soveraign Lord the People the Original and Fountain of all just power are they not all here proclamed Ear-bored slaves for ever But I had thought that an Army of Mercenary Saints raised payed and commissioned by the Parliament to defend the Religion Laws Liberties and Properties of the people and the Kings Crown and Dignity according to the Protestation and Covenant and the Parliaments Declarations would not have made such carnal and hypocritical use of their Victories gotten by Gods providence and the peoples money as to destroy our known Laws Liberties and Properties and claim by Conquest and impose their own lusts for Laws vpon us thereby rendring themselves Rebels against their God their King and Countrey Nor was it ever the State of the Quarrel between the King and Parliament whose slaves the people should be Or whether we should have one King Governing by the known established Laws or 40 Tyrants Governing by their own lusts and arbitrary votes against our written Laws Nor can the success make n Conquest just unless the cause of the war were originally just and rhe prosecution thereof justly managed As 1. To vindicate a Just Claim and Title 2. Ad res repetendas To recover Damages wrongfully sustained 3. To repel an injury done to your self or to your Ally in league with you The ultimate end of these wicked endeavors is To establish and cement with the blood of their adversaries the Kingdom of the Brambles or Saints already founded in blood by cutting of all such by their said New Acts of Treason and High Court of Justice as will not bow their Necks to their Iron yoke Which appears more clearly in an Additional Act giving farther power to the said High Court dated 27. Aug. 1650. To hear and determine all Misprisions or Concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments And to inflict such punishments and award such execution as by the Laws and Statutes have been or may be inflicted This Law if I miscal it not considering how they have multiplied Treasons by their said 3 New Statutes 14. May 17 July 1649. and 26. March 1650. Whereby bare words without Act are made High Treason contrary to those well approved Statutes 25 Edw. 3. chap. 2. 1 Hen. 4. chap. 10. 1 Edw. 6. chap. 12. 1 Mariae chap. 1. Cook 3 Instit saith That words may make an Heretick not a Traitor Chap. High Treason And the Scripture denounceth a woe to him That maketh a man an Offender for a word is one of the cruelst and most generally dangerous and entrapping that ever was made For hereby all relations Husband and Wife Parents and Children Brothers and Sisters Masters and Servants are all injoyned to be informers against and accusers of one another which is to take upon them the Devils office and be Accusatores Fratrum for light and vain words spoken only in passion or ignorantly or else they fall into the jaws of this all-devouring Court from whence no more then from hell there is no redemption for Misprision of Treason the Penalty whereof is loss of liberty and lands for life and of goods for ever Who can imagine lesse hereby but that our Statists intend to raise a yearly revenue by this Court by Forfeitures and Confiscations and to erect an Office of Master of the States Forfeitures like Empsons and Dudleys in Hen. VII time aforesaid And so continue this Court 10. Decemb. 1650. A New Act passed for establish ng an High Court Justice in Nâ—â—folk Suffolk Huntington Camb idge Lincoln and the Islâ— of Ely c. And so by degrees this gangrene shall enlarge it self all the Kingdom over to weede out the Ancient Inhabitants Canaanites and Amalekites The said Additional Act 27. Aug. 1650. concludes That the said High Court shall not Examine Try or proceed against any person other then such as shall be first by name appoinâ—ed by the Parliament or Councel of State It should seem the Parliament and Councel of State supply the want of a Grand Inquest and their Appointment is in stead of a Bill of Enditement found and presented As Assuredly as the High Inquisition was erected in Spain by Ferdinando and Isabella to extirpate the Mahometan Moors And the said Councel of Blood in the Lowe Countreys by the Duke D' Alva
Principles for which the Parliament so often declared in print that they fought and for defence whereof they had entered into a covenant with their hands lifted up to God the other two principles were Religion and Lâ—berties 1. The Lords were not Peers to the Commoners At the common Law they shall have sworn Judges for matter of Law of whom they may ask questions in doubtfull points nor can they be Judges in their own cases 2. They have sworn Jurors of the Neighbourhood for matter of fact whom they may challenge 3. The known Laws and Statutes for Rules to judg by which in case of Treason in the Stat. 25. Ed. 3. you cannot Vote nor declare a new Treason And if you could to do it Ex post facto is contraty to all rules of justice The Apostle saith sin is a breach of a Commandment or Law I had not known sin but by the Law the Law therefore must go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon Oath before the accused's face who may except against them and cross examine them 5. Even in Star-chamber and Chancery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryal and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the Law yea he had Law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay whose very names are concealed yet Naboth was murdered by the sword of Justice for the honour of Parliaments give not the people cause to suspect these Gentlemen shall be so too non recurrendum ad extraordinaria quando fieri potest per ordinaria But all this was but to charm a deaf Adder 52. Arguments proving the Lords to have no power of Judicature over the Commons the nine or ten engaged Lords that then possessed the House were thought to be fitter than a Jury of Middlesex to make work for the hang-man and yet they have no Judicature over the Commons as appears by the President of Sir Simon de Berisford William Talboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued than a hundred for it because the Court cannot be supposed ignorant of the Law and its own rights but a particular man or Client may see Sir John Maynard's Royal quarrel and his Laws subversion Lieutenant Col. Lilburn's Whip for the present House of Lords and Judge Jenkins Remonstrance to the Lords and Commons of the two Houses of Parliament dated 21 Feb. 1647. As for the cases of Weston Gomenes and Hall cited by Mr. Pryn they were for facts done beyond Sea and before the Stat. 1. Hen. 4. ch 14. whereof the Common Law could then have no connusance and therefore an extraordinary way of proceeding before the Lords was requisit and by the Kings special authority it was done without which I dare boldly affirm the Lords have no Judicature at all which thus I make appear 1. The King by delivering the Great Seal to the Lord Keeper 53. The House of Peers no Court of Judicature at all properly and per se makes him Keeper of his conscience for matter of equity By His Brevia patentia to the Judges of the two Benehes and the Exchequer the King makes them administrators and interpreters of his Laws But he never trust any but himself with the power of pardoning and dispensing with the rigor of the Law in Criminal cases And though the Lord Keeper is Speaker of the Lords House of course yet he is no Member of the Lords House virtute Officii the Judges are not Members but assistants only so that no man in the House of Peers as he is simply a Peer is trusted by the King either with dispensation of Law or Equity 2. When a Peer of Parliament or any man else is tried before the Lords in Parliament criminally he cannot be tryed by his Peers only because in acts of judicature there must be a Judge Superior who must have his inferiors ministerial to him therefore in the trial of the Earl of Strafford as in all other trials upon life and death in the Lords House the King grants his Commission to a Lord high Steward to sit as Judge and the rest of the Lords are but in the nature of Jurors So that it is the Kings Commission that Authoriseth and Distinguisheth them 3. When a Writ of Error issueth out of the Chancery to the House of Peers they derive their Authority meerly from that Writ For the three Reasons aforesaid the House of Peers is no Court of Judicature without the Kings special Authority granted to them either by his Writ or his Commission and the Lords by their four Votes having denied all further address or application to the King have cut off from themselves that fountain from which they derived all their power and all trials by Commission must be upon Bills or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designs of a restless impetuous faction Had the Faction had but so much wit as to try the Gentlemen by Commission of Oyer and Terminer before Sergeant Wild he would have borrowed a point of Law to hang a hundred of them for his own preferment Observe that almost all the cases cited by Mr. Pryn concerning the Peers trials of Commissioners were Authorised by the King upon the special instance of the House of Commons as for the House of Commons they never pretended to any power of Judicature and have not so much Authority as to Administer an Oath which every Court of Pye-Poulders hath 54. Blank Impeachments dormant But this way of tryal before the pre-ingaged Lords and upon Articles of Impeachment which they keep by them of all sorts and sizes fit for every man as in Birchin-lane they have suits ready made to fit every body was the apter means to bring men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation than their nature is usually acquainted with and to fright away at least put to silence the rest of the Members with fear of having their names put in blank Impeachments and that it might be so apprehended Miles Corbet moved openly in the House of Commons that they should proceed with the Impeachments which were ready nothing wanted but to fill up the Blanks they might put in what names they pleased This Inquisitor General this Prologue to the Hang-man that looks more like a Hang-man than the Hang-man himself hath since gotten a
King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
Orders of the House do permit were forced to be silent so the businesse was buried in silence I hear that some of the Lords called upon this businesse the Monday following being the 19 of June and that the Lord Wharton being asked why he did not impart Osburn's said Letters to the House Answered That as soon as he opened the said Letter he received from Osburn and saw his name at the bottom he looked upon the businesse as not considerable yet he sent the Letter to Hammond Upon Tuesday 20 June The Lords sent a Message to the Commons the first paper whereof concerned Osburns said Letters they desired that forty days might be assigned for Osburn to come and goe with safety to make good his information But Sir William Armine stood up and desired That the minutes of two Letters prepared to be sent into into Holland and Zealand concerning our Revolted ships might be first dispatched as being of present use And when the businesse was ended Mr. Pierpointe propounded another part of the said Message So Osburn's Information was left sine die for that time but since the Lords have quickned it and 40 days are given to Osburn to come and go with Freedom and Safety to make good his information who is come and avoucheth it and one Dowcett speaketh much in affirmation of a design of Rolfes to pistol the King Rolf presents himself at the Commons Bar with a Letter from Hammond which denies the Design and pleads Rolfes cause for him Rolf denied it at the Commons Bar with a trembling voice yet afterwards hid out of the way but being discovered upon search he was found to have a Byle upon him that disabled him from riding otherwise it is thought he would have fled far enough I do not hear that Hammond is yet sent for or questioned And for Osburn's indeavour to convey his Majestie from Carisbrook-Castle it is alledged he did it with a charitable intent to preserve his life and not of any disaffection to the Parliament to which he hath been affectionately serviceable Though many take offence at Master Walker as if his stirring of his businesse were onely to cast an aspersion upon the Army yet I conceive that what he did was commendable in discharge of the duty he owes to God his King and Country and of his trust as a Member of the Representative body of this Kingdom and in performance of the obligations which the Oath of Allegiance the Parliaments Protestation the National Covenant and the known Laws of the Land lay upon him which duty he was bound to perform though with the extremest hazard of his life and fortunes and though he may happily hope better things of this Army yet since neither the Laws of the Land nor common reason warrants him to presume upon his own private hopes and judgment things which often deceive the wisest men in matters of far lesse moment he could do no lesse than free his conscience by making the whole House Witnesses of the cleernesse of his actions and intentions Considering 1. The many high speeches and threats often used against the King in all places none excepted 2. The dangers the King escaped from this very Army which drove him from Hampton-Court to the Isle of Weight and may possibly pursue him thither 3. The Antimonarchical Principles wherewith many Members of this Army and their Chaplians and many elsewhere are seasoned who cannot govern this Kingdome at their pleasure by a military Olygarchy of Grandees of the Committee of Safety at Derby-house and the Army and so establish the Kingdom of the Saints nor yet bring it to their own levell but by taking off summa papaverum capita all that is high and eminent There is a Crowned Head in their way which must be removed 4. The corrupted fantasies of many Antimonarchical Schismaticks with Revelations and Raptures who serve the Devil for Gods sake making him the Author and the doing of his will the pretence of all their crimes and villanies 5. The many desperâ—te guilty persons that fear peace and are resolved now the Sword is out to burn the Scabbard These look upon the King with an evil eye as the Centre in whom all Interests must unite before we can have Peace Despair tempts these men to make one sin a degree and step to a higher These three last fort of men having cast off all fear of God will as easily contemn Gods substitute the King as he that casts off all reverence to the King will contemn his substitute a Constable 6. The continual endeavours of the Grandees of Derby-house and the Army to put all the Armes Garrisons Ships and Strengths of the Kingdom into the hands of Antimonarchical Schismatical Independents in order to which they are raising of new Forces and erecting new Garrisons in most Counties These men when they could not get a power from the House of Commons to raise what Forces they pleased for when it was moved they there ordered that no more motions should be made for raising new Forces but between the hours of ten and twelve yet what they could not get by their leave they now take without their leave the General granting Commissions for raising and listing Horse and Foot in almost all Counties for example Sir Hardresse Waller that one eyed Polyphemus of Pastebord lately sent forth Commissions in the County of Devon by virtue as his Commissions say of the power granted him from his Excellency for raising listing and training Horse and Foot which shall be no burden to the Country but be in pay with the rest of the army In these Commissions he stileth himself untruly Commander in cheif of all the forces of the five Western Associat Counties and gave authority and encouragement to the well affected that is to Independents Sectaries Antimonarchists and the more desperate forlorn sort of people to enter into and subscribe Engagements to live and die with the Army an imitation of the Members Engagement in defence of the Parliament that is of the ingaged faction of Independents Schismaticks and corrupt persons whom only the Army looks upon as the Parliament witnesse the Declaration of Sir Thomas Fairfax and his Council of War shewing the grounds of his advancing up to London This usurpation was complained of in the House of Commons Monday 19. June and prohibited then by Order 7. Peradventure the reason why this Letter was published so unseasonably in a thin House in so slight and surreptitious a way as aforesaid was in hope it would have been passed over in silence as it had like to have been and so the whole House should have been engaged in the crime if any such thing be intended as guilty of connivance and negligence though not as Actors guilty of the fact The main scope of this party hath ever been by Treaties of Accommodation uniting all Interests and other devices to involve others in their crimes to infect others with their diseases that all standing in need
is never unfurnished with dormant Articles of Faith upon all emergent occasions 15. Supposititious Privileges of Parliament see The History sect 105 106. so the Grandees are never unprovided of dormant Privileges of Parliament which they call by a new canting word lex Parliamenti in opposition to lex Terrae with these they boulster out their designs These Privileges were much insisted on in their Impeachments of the Members and Aldermen and whosoever pleads against them in his own defence and flies from those Privileges to the known Laws for Sanctuary is cried out upon for overthrowing the Jurisdiction and Privileges of Parliament and therefore guilty of Malignancy thus John Lylburn suffers if he does not plead against them he laies his head on the block at the mercy of those mercilesse men This net caught many a Wood-cock until the said Aldermen and Sir John Maynard broke through it and spoiled the cock-road The Grandees of the Parliament and Army have so totally subverted our fundamental Government and Laws 16. The confusion this Monarchy is btought unto see The History sect 105 106. that they have neither Monarchy nor Common-wealth left non jam Respublica sed magnum latrocinium est we have not so much as a face and shadow of Government remaining we have a KING de jure but so wholly eclipsed and disabled to perform Acts of Government by his close imprisonment that for the present we have no King de facto and every man doth what seemeth good in his own eyes we have Magistrates Judges and Justices de facto but not being constituted and ordained by any lawfull Authority nor under any authentical Great Seal according to the Laws of the Land they are not Magistrates and Judges de Jure so that if we look upon the King our Supreme Governour our violent Grandees have brought an Inter-regnum upon us If upon our Magistrates Judges c. they have brought a Justitium a totall eclipse of Justice upon us It follows then that both the imperative and coercive power of the King and Magistrates the legislative power of the Parliament the judicative power of the Judges and Justices are all suspended and in Abeyance and like a Watch when the principal wheels are broken no part can move to perform its function Contzenius the Jesuit in his Pol saies He that will introduce a new Religion or a new form of Government must utterly abolish the old and erect his new Fabrick upon the ruines of it You see they have been apt Scholars in this doctrine of the Jesuite this 7 years which they have spent in Demolishing but what form of Government our Grandees wiâ—â— eâ—eâ—t upon the ruines they have made doth not yet appear nor how all just interests and mens particular Estates shall be preserved from being buried under the ruines of this earthquake 17. The Regal Legislative and Judicative power usurped The King is the only supreme Governour of this Realm of England to regulate and protect the people by commanding the Laws to be observed and executed and to this end He and He alone beareth not the Sword in vain yet the KING by himself can neither make repeal or alter any one Law without the concurrence of both Houses of Parliament the Legislative power residing in all three and not in any one or two of the three Estates without the third and therefore no one or two of them can exclude the other from having a Negative voice in passing repealing or changing of Laws nor can the King by himself or joyntly with the Lords and Commons judge what the Law is this is the office of the sworn Judges of the two Benches and Exchequer who are the known Expositors and Dispensers of Law and Justice in all causes brought before them yea they do declare by what Law the King governs thereby keeping the KING from governing arbitrarily and enslaving the People And these Judges of the Law have always been authorized by the King and all legal proceedings have been in his Name and by his Authority 1200 years before Magna Charta granted or any set form of Parliament established The Law it self is called the Kings Law the Realm the Kings Realm He is the fountain of justice mercy honour witnesse all our Statues Law-Books and Histories and the Oaths of Supremacy which every Member taketh before he sits in Parliament Now for any one man or any Assembly Court or Corporation of men be it the two Houses of Parliament to usurp these three powers 1. The Governing power 2. The Legislative power 3. And the Judicative power into themselves is to make themselves the highest Tyrants and the people the basest slaves in the world for to govern supremely by a Law made and interpreted by themselves according to their own pleasure what can be more boundlesse and arbitrary they may put to death whom they please for what cause they please and confiscate his estate to their own use yet this the two Houses of Parliament or rather an overpowring party in the two Houses seasoned with a Schismatical humour of singularity have lately done 1. For the Governing power 1. They coyn enhaunce and abate money 2. They make War and peace and continue an extraordinary Militia of an Army upon us 3. They declare who are Enemies to the Realm 4. They maintain forein negotiations 5. They regulate matter of Trade and exercise other Regalities whereas all Jura Regalia belong only to the King as Supreme Governour 2. For the Legislative power They exclude the King from his Negative Voice and the two Houses obtrude their Ordinances things so new that they are not pleadable in any Court of Justice as Laws upon the people laying an excise Assessements and Taxes upon the People They Vote and declare new-Treasons not known by the statute 25 Edw. 3. nor by any other known Law yea even to make or receive any addresse to or from the King and they account it a breach of Privilege if men do not believe it to be Treason being once declared They out men of their free-holds and imprison their Persons contrary to Magna Charta by Ordinances of Sequestration c. 3. For the Judicative power They erect infinite many of new Judicatories under them as their Committees of complaints of secret Examinations of Indempnities their Country Committees where businesses are examined heard and determined without nay against Magna Charta and the known Laws nay even in capital crimes they wave the Courts of Law and all Legal proceedings by Outlawry Indictment or Tryal by Peers and Bill of Attainder which is the only way of Tryal in Parliament For the Parliament cannot judicially determine any thing but by Act of Parliament and set up new-invented forms of proceeding before the Lords even against free Commoners although the Lords be not their Peers as in the case of the four Aldermen c. and the Arch-bishop of Canterbury They defend these doings by a pretended necessity
seeming Saints who have made the solemn League and Covenant intended for preservation of Religion His Majesties Honour and the just Liberties of the Subject to be the ruine of Religion the dishonour so far as in them lieth of His Majesty and the most absolute enslaving of all free Subjects not to Kings or Princes to Great men or Good men but to the very scum and off-scouring of both Kingdoms it being noâ— small grief to all that truly feared God that so many of the reputed honest Presbyterian party should out of base fear or other by-respects comply so long with these Stare-Juglers the Clergy being most active hastning thereby their own and the Kingdoms misery for they may be well assured if these Saints prevail they must as some of them have done already turn their Coats once more and become the Hirelings and tongue-tied Tenants at will to their Brethren of the Independency or be kicked out of their fat Benefices and possibly out of the Kingdom to prevent new Insurrections against them which they are cunning to procure having the power in their hand to repress all that dare appear against them may be ruined others by their example terrified and their Saints may enjoy the fatness of England but I would ask these violent Clergy-men of the Presbyterian Party that are unwilling His Majesty should be brought speedily to a Personal Treaty what their Assemblies of Divines have been doing for if that Confession of Faith set out in England approved of in Scotland be agreeable to the truth of Gods word as I know nothing to the contrary why should the chief Magistrate our dread Soveraign be any longer debard of his just dues is He worse than Infidel that you will assist those that deny His sacred Majesty that which they allow to Infidel Magistrates blush for shame and repent in time lest as they change their Votes every day according as the tide of their power ebbs and flows so they may soon force you to repeal that Article concerning the chief Magistrate or like the gloss of Orleans put an exposition upon it which destroyeth the text God send us peace and truth and preserve His sacred Majesty and his Posterity and confound the wicked counsels of all such as are enemies to Peace Truth and Monarchy Si quid novistirectius istis Candidus imperti Si non his utere mecum THE END ANARCHIA ANGLICANA OR THE HISTORY OF Independency THE SECOND PART BEING A Continuation of Relations and Observations Historicall and Politique upon this present PARLIAMENT Begun Anno 16. CAROLI PRIMI By THEODORUS VERAX PSAL. 8.8 Virum sanguinum dolosum abominabitur Dominus Printed in the Year M.DC.XL IX THE PROTESTATION AND DECLARATION THe premises considered I do hereby in the name and behalf of my selfe and of all the Free People of England Declare and protest That the Generall Councel of Warre and officers of the Army by their said violent and treasonable force upon the farre major more honest and moderate part of the House of Commons being above 250. and leaving only 50. or 60. Schismaticks of their own engaged party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament have forfeited their Commissions And the remaining Faction in the House of Commons by abetting aiding and concurring with the said Councel of War in the said rebellious Force by setting up new illegal and arbitrary Courts of Judicature to murder King Charles the First our Lawful King and Governour who by his Writ according to the Law summoned and authorized this Parliament to meet sit Principium Caput finis Parliamenti Oaths of Allegiance and Supremacy and Advise with Him and was the Fountain Head and Conclusion or consummatory End of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdom and by Abolishing the House of Peers and the Kingly Office and dis-inheriting the Kings Children and Usurping to themselves the Supreme Authority and Legislative Power of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetuate their said Tyranny and this Army and Govern Arbitrarily by the power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and returne to sect 79 109 110. Stat. of Recognition 1. Iac. Oaths of Allegiance and Supremacy have by the aforesaid ways and means totally subverted this Kingdome and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLS the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made or Coronation solemnized notwithstanding that by his unjust Banishment causâ—d by the interposition of the said traiterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdoms and restore peace plenty justice mercy Religion Laws and Liberties to them again which no Hand but his own can bestow and therefore in vain do the people long for expect Figs from thistles Grapes from thornes This Kingdom of the Brambles now set up being only able to Scratch and Tear not to Protect and Govern them I farther Declare and Protest That this combined traiterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all lawful Government Magistracy Lawes and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges lawfully constituted to execute them any Court of Justice wherin they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murderers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doing but only their own irrational tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all free-born subjects of the Kingdom of England and Ireland are bound by the Stat. of Recognition 1. Jac. and by all our Lawes and Statutes By their Oathes of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes
the good opinion of the people and City and to keep them from stirring and to stay the moderate Party of the two Houses from Declaring the Army Enemies recalling and Voting their Commissions and established Pay void which they might have done with ruine to the Army and their Party in that Conjuncture of Affairs and with safety to themselves and applause of all honest men of England that had taken part with the Parliament from the beginning had not some Grandees of the rigid Presbyterian party both within and without the Houses some cursed thing some Achans wedge in their bosomes which suggested Their sins were greater than could be forgiven and therefore they durst not cast down the partition-wall between them and the King this Army though it lean so hard upon them it is ready to overwhelm them War is necessary for some men of every Faction whose crying sins peace will lay open and naked to the scorn derision and detestation of the world How well these sanctimonious Sword-players of the Army have observed the Duties and Undertakings of their said Humiliation let the world judge Have they not returned again with the Dog to the Vomit have they not cozened God and their own Soules Sure they fasted from sin then that they might sin with the more greedy appetite now and asked God forgiveness of the old score that they might sin again upon a new score Thus you see the two Treaties in the Isle of Wight were begotten by fear and that Idol of the Independents to which they offer up all their knaveries necessity They were Cockatrice Eggs laid by their Grandees when they had been Crow-trodden by Armies from abroad and Tumults at home See my 1. part sect 65 66 105 106 107 and the Conclusions there Sect. 16 17 18. upon which they sâ—te abrood onely to hatch Scandals and new quarrels against the King Anarchy and confusion to the State and Tyranny and oppression of the People to set up the Olygarchy of the Saints or Councel of State the Kingdom of the Brambles which since doth scratch the wool from off the skin the skin from off the flesh and the flesh from off the bones I have been compelled to use some introductory Repetitions in this part of my discourse that I may give you the whole mystery of the 2. Treaties with the King in the Isle of Wight with the causes efficient and final of them under one view lest some one link of the Chain escaping your observation it become a Chain of errors to you My first part of the History of Independency ends with that which was but an unlucky preface to a Treaty with the King 3. Hamilton overthrowne See my 1. part sect 136. namely Cromwel's menacing Letters to the Speaker of the House of Commons dated August 20. 1648. Relating his easie purchase of a great Victory over Duke Hamilton and Lieut. Gen. Bayly wherein he relates the number of the Scotish Forces farre differing from the former Report of Lieut. Col. Osborne a Scottish Gentleman made in the House of Commons July 20. Sect. 110 111. whereof I have spoken in my first part who to take away the terror of them estimated Hamiltons and Langdales conjoyned forces to be but 10000. and it was then thought a note of disaffection to report them any more but this Letter for the greater glory of his sanctified Army multiplies them to be 21000. The manner of the Fight was very strange and Exceedingly to be suspected especially by any man who hath heard or read of Bayly's former demeanour in his own Country at Kylsythe and Auforte Kirke It was little better than a beating up of Quatters for 20. miles together for so far the Scots Army lay scattered in their Quarters the Horse so farre distant from their Foot they could bring them no seasonable reliefe Sir Marmaduke Langdale with his small Party drew forth and made an honourable resistance had he been timely and strongly seconded on the Scotish Party the Fight began at Preston in Lancashire where the Duke being worsted retreated to Wigon from thence to Warrington thorow Lanes and Fastnesses where Bayly Lieut. General of the Scotish Foot being strongly quartered upon a Bridg and Passe yeilded up 6000. Foot and Armes without fighting and so ruined his whole Infantry from Warrington the Duke fled with 4000. Horse to Namptwich from thence to Vtoxeter where his manner of yeilding himselfe to Colonel Wayte a Member of the House of Commons take out of Waytes owne report in the House who said the Duke yeilded simply and without any Articles of Surrender that he voluntarily gave him his Sword Scarfe Signet of Armes and his George that he hung upon him so that he could not get from him desiring him to secure him from the rage of the Souldiers saying He had not come into England but that he was invited by a greater part of Lords Commons Citizens and Covenanters then called in the last Scotish Army presently the Bloud-hounds of the Faction in the House sented this and called upon Wayte to know whether he named any Wayte Answered that Hamilton was â— sâ—btilâ— politique Lord and no doubt for the saving of his owne life would do that in more convenient time Hereupon a Committee all of Canibal Saints was presently packed and ordered to go downe and examine the Duke but no particulars could they get from him which was an honourable silence and made amends for his former lavish speech It was happy the Prince did not trust himself in the Head of this Army Had Hamilton marched immediately to Colchester or but to Pontâ—fract which he might easily have done Lambert his onely Opposite still retreating before him the whole Country had risen with him But he knew the Presbyterian party had rendred themselves contemptible and he as much contemned the Independents therefore he foreslowed his march willing Cromwell and Fairfax should subdue all other Parties and that he onely might have Armes in his hands to bring in the King upon his own tearmes this over-confidence undid him He was too much a States-man and too little a Souldier 4. The insolency of the schismaticall Members upon report of the Victory This Victory did worke like Botled-Ale with Scot Thomson Cornelius Holland Sir Henry Mildmay and many others of the light headed Saints who were so puffed up with the windinesse of it that they began to swell with disdaine and malice against the Personal Treaty and to threaten and insult over all that had either Petitioned for it from abroad or spoke for it in the House as the only meanes of peace and a settlement 5. The wiser sort subtilly continue a mock-Treaty But the wiser sort more crafty to doe mischiefe knowing that the people were weary of Taxes and the Army and had no hopes of peace but by a Personal Treaty and were resolved to purchase peace although at the price of a new VVarre that Colchester Pontefract Scarborough and
divides them amongst themselves self-respects makes them run along blind-fold with the Grandees in any designe or faction A good bargaine makes a bad Man Harvey needs no other president but himselfe nor no more visible monument then his exceeding cheap bargaine of Fulham-house and Manour which hath changed him from a furious Presbyter to a Bedlam Independent About this time it was Ordered 9. A Commission into the North to enquire what dammages they have sustained by the Scotish Invasion That Commissions should be issued forth into the Northerne Counties to enquire what Damages they have any waies sustained by Hamilton's Invasion This device was of a twofold use 1. To cut off the Scots demands for Mony due to them for their last Brotherly assistance and otherwise 2. To cajole the poor Country into a beliefe they shall have reparations against the Scots and raise them into a clamorous complaint against the Scots and at last a deadly feud when they shall finde their hopes denied by them and disappointed In the meane time they are patiently eaten up with Taxes and Free-quarter and while they looke for what they shall never have they lose what they have already This was the much applauded invention of Master St. Jâ—hns of Lincolns-Inne 10. Colâ—hester surrendâ—ed with the sequele thereof About this time the newes of the Surrender of Colchester inflamed the Antimonarchical faction from a Feaver to a frantick Calenture They yeilded to mercy and within 4 hours after Sir Charles Lucas and Sir George Lisle for the better explanation what Independent mercy is were shot to death some attribute it to an old quarrell between him and General Fairfax others think it was done to put an affront upon the King and the Treaty Colonel Farre was likewise condemned by the Councel of Warre at the same time but is reprieved as a witnesse against the Earle of Warwicke when time serves for when Warwicke long since waited at the Commons Door with some Ladies to petition for a Reprieve for the Earle of Holland a Souldier of the Guard insolently told him He had more need petition for himself 11. Instructions for the Commissioners to Treat with his Majesty Instructions for the Commissioners to Treat with the King were Debated The Independents propounded that those Propositions that were most advantagious to the Parliament should be first debated and if the King did not confirme them all the Treaty to break off But it was held unreasonable in any Treaty that one Party should bind himselfe before the conclusion and leave the other at large and himself in the lurch so it was Ordered They should be Treated of in order as they lay and according to His Majesties desire nothing binding to either Party untill all was agreed of The next stumbling block cast in the way was that seeing 40 daies onely were allowed for to Treat that they should limit how many daies and no more should be spent in Treating upon every several proposition But this was looked upon as a cavil to make void the Treaty and so over-ruled you see what use these men that gaine by VVar make of their Victories 12. A Debate what Gentl. should be allowed to attend his Majesty in the Treaty The next thing debated was the List of such Gentlemen as were named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man with Cromwell 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 were unduly imprisoned 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 was no farther proceedings therein 13. Master Pryns speech in the House proving the Kings conâ—essions to be a ground for a setlement Thus farre I have briefly set downe the Preparations towards a Treaty the Treaty it selfe between the King in the Isle of Wight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them took up almost all the time until the 6. December 1648. some few businesses of no great moment intervening many imperfect and partial Relations of them have been printed cum Privil gio but Mr. Will. Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648. and since printed hath set down all the most material Arguments on both sides with great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follow only their own Interests of power and profit whose wills and lusts have alwayes bin their own Lawes and are now become the only Lawes of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and will only trouble him with 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 will only say that without them the King cannot be a Governing King but a bare titular King a picture a shadow because the protection of the people depends upon the power of the Sword He cannot protect them and their Lawes with the Scabbard The Authority of the Scepter followes the power of the Sword wherefore to give away one is to lose both nor can the Subjects be any longer his Majesties Subjects but Slaves to their fellow Subjects when so many petty Kings not authorized by any Law of God or Man to protect the People shall hold the Sword over their Heads and distract them with different Opinions disagree in Commands according to the variety of their severall lusts factions and interests how can the King according to his Coronation Oath and duty to which God hath called him Governe and protect his People 1. part sect 40. 41 42. when he hath given away his Sword to a factious Parliament where one Party tyrannizeth over the other and threatens the other with the longest Sword how absurd and impossible it is for the Subject to expect protection from one hand and to sweare and pay Allegiance to another hand that hath divested it self of all power to protect them let our Lawes the practice of all Nations and times and the judgement of the learnedst Politicians tell you whose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova victigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch Scottish Colchester and other Prisoners imposed by way of Sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge him to be lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. Exact Collect. p. 16 19 21 59 66 83 102 103 118 123 125 141 142 143 173 180 195 219 259 281 307 380 312 360 376 457. A Collect c. p. 13 18 41 43 44 49 51 61 64 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed You never intended the least hurt injury or violence to the Kings Person Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to his Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern that is depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation They declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. R. 2. n. 1. 2. R. 2. n. 1. 3. R. 2. n. 1. 4. R. 2. n. 1. 5. R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. H. 4. n. 28. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. Sec 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39. H. 6 c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2 dorso clauso 6. E. 3. m. 4. 6. E. apud Westm. Parl. 2. n. 1. 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reign without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Jan. 1648. with much ado got printed their Vindication against the Aspersion cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament and to this end they stand commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemn Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any Witnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist 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 do We do 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 Bretheren 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 Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices 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-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John 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 Justice of it selfe and having no power to hear 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 whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed 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 and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
Peace a Book 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 â—im and both taken and caused others to take the Oaths of Allegiance and Supremacy and the Protestation Covenant to defend his person and Authority c. And in this Declaration there is no new Objection of moment but what is contained in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I look upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently answered in several Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short Observations of my own upon it p. 5. The Parliament in imitation of their Masters the Councel of Officers pretend a necessity to change the fundamental Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth p. 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 Law the Crown takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it were absurd to make Him accountable to any Authority for in such case that Authority would be Supreme to Him and so erect two Supremes one jarring and interferring with the other which in Law and Policy is as absurd as to suppose two Almighties or Infinities in Divinity which cannot be for that one Infinity would terminate another Impossibile esse plura Infinite See Greg Thâ—losanus l. pol. 1. Keckerin Sistema pol. l. 1. Conezenii l. politic 1. Ã c. 17 ad c. 25. and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero finitum 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 walk in I will onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperitie and good Government of the Switz which I think was never commâ—nded before a gross-witted People living in a confused way of Government where virtue and industry find no reward the Rich become a daily prey to the poor and their popular Tribunes who uphold their credits by calumniating the wealthy and confiscating or sequestring their Estates the best wealth of this Nation is Pensions from Neighbour Princes to whom they let their Bloud to Hire and become Mercenaries many times to the extream dammage and if their Country were worth subduing danger of the State For Venice it is an Aristocracie if not Oligarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them without Citadels to keep them under they never confide in any of their number or Natives to be Commander in Chief of their Land Forces fearing to be tyrannized over by a Cromwell or an Ireton or by some property subordinate to them in all but Title The Morlachy and many Inhabitants of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low-Countries their neerest example peruse Bernavelt's Apologie and many good Histories For Rome from their Regifugium they were never free from Civill Warres cecessious Tumults and changes of Government first to Patrician Consuls Regia potestate then to promiscuous Consuls Plebeyans as well as Patritians with popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocracy sometimes a Democracie between two Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Libertie find any time of setled rest and Government untill their giddy Republique was overthrown by Julius Caesar and turned into a Monarchie by Augustus which approved Cratippus saying Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory See some Authorities cited verbatim in the first Page and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repayred by the virtues of others he that reads Livy and Tully's Orations with many other Authors shall find how infinite corrupt the People were both in making and executing Laws in dispensing Justice both Distributive and Commutative what Complaints that their comitia were venalia what Bulwarks they were fain to erect against the ambition and covetousness of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Undertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Client ships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shews and spectacles to woe the Rabble he that reads observingly shall find that ambition and covetousness nurses of all corruption were the best part of the wisdom and industry of that Republique untill it came to be a Monarchie and shall farther find that those corrupt manners and customs which the People from the highest to the lowest had contracted during the severall licentious Alterations of their Common-wealth from one form of Republique to another were like a second nature not to be corrected by the better discipline of a Monarchie and at last occasioned the ruine of that Monarchie together with the desolation of that Nation which shews that Monarchie with which their Nation began was their naturall and genuine Government when it could not be taken away sine interitu subjecti without the ruine of the whole subject matter p. 11. It is said It hath been latelie computed that the Court purveyances notwithstanding many good Laws to the contrary cost the Countrie more in one year than their Assesments to the Army what above 100000 l. a month when the charge of the KING' 's House-keeping came but to 50000 l. a year I speak not of Wages and Pensions I know not who should make this computation unless old Sir Hen. Vane and his Man Cornelius Holland the latter of which was turned out of his Office in the Green-cloth for abusing this Place not in whose time of employment unless their
166. A debate how to defeat Judgments Extents c. upon Delinquents lands sect Extents c. lying upon Delinquents Estates you see notwithstanding their Declaratory Vote That in things concerning the Lives Liberties and Propâ—rties of the People they would maintain the known Laws of the Land yet this Vote as well as all others hath a condition implied that is do no wayes hinder the Gains of our godly Grandees otherwise they would not consider how to defeat Creditors of their legal assurance John Lilburne being ordered a close Prisoner in the Tower by the Commons without Pen Ink or Paper 167. John Lilburne starving imprisonment in the Tower which was tyranny under King Charls but not under K. Oliver a Petition was presented to the Commons by many well-affected that John might have the allowance usually and legally due to Prisoners in the like case for his support The allowance is 4 l. a Week as I conceive which was rejected insomuch that John was kept 3 whole dayes with one half meales meat this is to condemn men unheard to be murdered by famine in their private slaughter-houses when they cannot or dare not murder them in their pretended Courts of Judicature or publick shambles yet afterwards when the drawing together of the Levellers and discontents of Newcastle affrighted the Commons they Voted him the short allowance of 20 s. a week Thus you see nothing but feares and dangers can kindle the least spark of goodness and compassion in their woolvish breasts wherefore Lord I beseech thee heap fears and terrors upon their guilty pates till with Judas Iscariot they cry out We have sinned in that we have betrayed innocent blood 168. Why Ireton laid down his Commission Cromwel being to march against the Levellers left Ireton behind him like a hobby daring of larks to over-awe the Conventicle at Westminster and see they chaunt no tune but of their setting the better to keep himself in a neutral reconciling posture Ireton laid down his Commission which he can take up again at pleasure whereby he puts off all addresses to him from the levelling party for the present This poor fellow now keepeth his golden Coach which cost 200 l. and 4 gallant Horses The world is well altered with such petty Companions and hereby the Souldiers may see what becomes of their Arrears There hath been a seeming falling out between Cromwel and Ireton 169. Hugh Peters â—isits J. Lilâ—urne in the Tower and â—he sum of â—heir Conseâ—ence Witness his â—ampering with Hamilâ—on c. John Lilburne being a close Prisoner in the Tower as hath been said Hugh Peters Chaplain in Ordinary to-two great Potentates Lucifer and Oliver came about dinner-time May 25. 1649. to visit him and though admittance be denied to other men yet to him the Gates flew open as sure as Saint Peter keeps the keyes of Heaven Hugh Peters keeps the keyes of our Hell and our Grandees Consciences and openeth and shutteth at pleasure he is Confessor at Tyburn and hath a great power over damned Spirits or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks incur their condemnation in this world by Gods permission in order to their salvation in the next world the tyranny of these Usurpers implying at once their cruelties over our bodies and Gods mercy to our souls Hugh's first salute was That he came meerly to give John a visit without any design his guilty conscience prompting him to a voluntary Apology John answered I know you wel enough you are one of the setting Dogs of the great Men of the Army with fair and plausible pretences to intimate into men when they have done them wrong and to workout their designs when they are in a strait and cover over the blots that they have made Then John complained of the ‖ Compare this Act of the Kings with the violent act of those Traytors and Tyrants Fairfax and his Councel of War in imprisoning and secluding above 200. Members at once without cause shewn and leaving only 40 or 50 of their cheating Faction in the House to carry on their bloody Anarchical designs some of which secured Members with barbarous usage were almost brought to death and their murder since attempted by Souldiers illegal and violent seizing upon him by Souldiers and carrying him before that new erected thing called A Councel of State who committed him without any Accusor Accusation Prosecutor or Witness or any due process of Law and yet when the King impeached the five Members and preferred a Charge of high Treason against them Recorded 1. part Book of Decl. p. 35. and only failed in a single punctilio of due process of Law they cryed outs it was an invasion of the Peoples Liberties so that four or five Recantations from him recorded in their own Declarations would not serve his turn Peters half out of countenance if so prostituted a Villain that practises impudence amongst common Whores and whose Pulpit is more shameful than another mans Pillory can be out of countenance takes up one of Coke's Institutions and pofessed Lilburn was meerly gulled in reading or trusting to those Books for there were no Laws in England John answered he did beleeve him for that his great Masters Cromwel Fairfax c. had destroyed them all Nay quoth Hugh there never were any in England with that John shewed him the Petition of Right asking him whether that were Law which Peters had the impudence to deny asking what Law was John replied * The Law is now taken away and all things in confusion by turning our Monarchy without or consent into a Free-State of Slaves governed by Tyrants out of the Parliaments own Declarations The Law is that which puts a difference betwixt good and evil just and unjust If you take away the Law all things will fall into confusion every man will become a law unto himself which in the depraved condition of humane nature must needs produce great enormities Lust will become a law Envy a law Covetousness and Ambition will become laws and what dictates what decisions such laws will produce may easily be discerned This Mr. Peters is a Definition of Law by the Parliament in the dayes of their primitive purity before they had corrupted themselves with the Commonwealths money And elsewhere the Law is called The safeguard the custody of all private Interests your honours lives liberties and estates are all in the keeping of the Law without this every man hath a like Right to any thing It is the best birth-right the Subject hath It is a miserable servitude or bondage where the Law is uncertain or unknown To this the Comick Priest replied I tell you for all this there is no Law in this Nation but the Sword and what it gives neither was there any Law or Government in the world This doctrine of Devils that it is lawful to submit to any present power that is strongest is
Christendome with vast summes raised by publick Theft and Rapines Pressings and Leavying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turke Russe or Tartar ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their Designs and the Ministers thereof but Hostlers to rub down curry and dress it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinations they pass these following Votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimcks Doctour Fairfax Doctour Cromwel and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetual Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Royal Assent any statute law custome or usage to the contrary notwithstanding they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Laws Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage war or to bear Arms against the Representative body of the People or Parliament is high Treason By the Law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Arms against this Parliament and is therefore guilty of all the blood shed this War and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Trial that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither Law president formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawful Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination They erect an Extrajudicial unpresidented High Court of Justice to Try or rather to condemn without Trial the King consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchical faction Amongst whom were many low conditioned Mechanicks and Banquerouts whose Fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices See Stat. Recognition 1 Jac. The Oaths of Algiance Obedience and Supremacy and all our Law-books as a reward for that Royal Blood they spilt The King the Fountain of Law Justice Mercy Honour War and Peace the Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and banks of the Sea had been overturned an impetuous inundation of bloody thievish Tyranny and Oppression brake in upon us So that no man can call his life liberty house lands goods or any other his Rights or Franchises his own longer than the gracious aspect of some of our Grandees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident thereto They pass misbegotten Acts of Parliament This Stat. 25 Ed. 3. c. 2. S. Johns against Strafford cals the security of the people And the Stat. 1 Hen. 4. cap. 10. Ed. 6. cap. 12. 1. Mariae 1. ratifie and highly commend one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25 Ed. 3. Chap. 2. Ascertaining Treasons and reducing them to a small number and leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as well as deeds within the compass of that offence and making many duties to which the laws of God the land the Protestation Covenant the oaths of allegiance obedience supremacy oblige us to be high treason these new acts of treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe pretended Acts. 1. To Disinherit his Children 2. To abolish Kingly Government for ever 3. To convert our ancient well-tempered Monarchy into that which they call a Common-wealth They have converted our ancient Monarchy into a Free-state and tell us they are the State They tell us they have bestowed Liberty upon the people but they and their faction onely are the people All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meer ciphers serving onely to make them of more account And this gross fallacy must not be disputed against lest their New Acts of Parliament call it Treason or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the people in general 4. They Constitute a Senate or Councel of State of 40 men amongst which some Trades-men Souldiers illiterate Lawyers Parliament-Members men already engaged over head and eares in sin therefore to be confided in to these
present missed their design resolve no longer to dally whereupon they lay aside their new Mr. Richard and all the Officers great and small with one consent take the Government into their own hands having shut up the house of Commons door whither when the Members came on Munday entrance was denyed them by the Souldiers who had possessed themselves of the Court of requests and all avenues in all places giving no other account to the Members than this Viz. They must sit no more The Army new modelled The next meeting of Officers new modelleth themselves some they casheire as Whaly Ingoldsby Goffe c. others they re-admit as Lambert Haselrig Okey and others in which time not knowing how to behave themselves in such a condition and weary of the perpetuall toyle they foresaw they must still with ceasing undergo they mean to cast the burthen off from their own shoulders and to that purpose they send to some of their old hackney drudges of the long Parliament The Rump comes in as they then did call it at that time about London whose consciences they knew would digest any thing and did not care how per fas aut nefas so they might again be suffered to sit with severall of these I say upon the fifth and sixth dayes of May they had conference the last of which was at their never failing Speakers the Master of the Rowles house in Chancery-Lane where both Officers of the Army and pretended Members to the number of twenty sollicited William Lenthall Esquire to sit Speaker again but he objected diverse scruples in judgment and conscience But O how soon had the sweet ambition of domineering obliterated all such idle fancies yet nevertheless instantly fifteen Articles being agreed upon among themselves they conclude to meet in the house on Saturday the 7th day of May and the better to compass their ends by a base and clandestine surprise they gave out that they would not sit till Tuesday the tenth of May yet surreptitiously as I say they met early on Saturday in the painted Chamber at Westminster and wanting of their number to make up a house they sent for those two debauched lustfull Devills the Lord Munson and Harry Martin out of prison where they were in Execution for debt with Whitelock and Lisle of the Chancery Court making in all forty two the Chancery Mace also for hast being carried before them William Lenthall Esq their tender conscienc'd Speaker together with the said Names of the Rumpers L. Munson Henry Martin Mr. Whitlock Mr. Lisle Mr. Thomas Chaloner Alderman Atkins Alderman Penington Thomas Scot. Cornelius Holland Sir Henry Jane Mr. â—rideaux Att. Ge Sir James Harrington L. G. Ludlow Michael Oldsworth Sir Arthur Haselrig Mr. Jones Col. Purefoy Col. White Harry Nevill Mr. Say Mr. Blagrave Col. Bennet M. Brewster Sergeant Wilde John Goodwin Mr. Nich. Lechmore Augustine Skinner Mr. Downes Mr. Dove Mr. John Lenthall Mr. Saloway Mr. John Corbet Mr. Walton Gilbert Willington Mr. Gold Col. Sydenham Col. Bingham Col. Ayre Mr. Smith Col. Ingoldsby And Lieutenant Generall Fleetwood Stole on a sudden into the house the invitation of the Army for sitting of the long Parliament being first published in westminster-Hall Upon notice of this surprise of the house by so few there being more than double the like number of members of the same Parliament there and about town some of them at the same instant in the Hall they to prevent future mischief whereof this packing of Parliament men was an ill Omen to the number of fourteen went immediately into the Lobby and the persons that did so were these Viz. Mr. Anslewy Sr. George Booth Mr. James Harbet Mr. Prinne Mr. George Montague Sir John Evelin Mr. John Harbert Mr. Gewen Mr. Evelin Secluded members Mr. Knightly Mr. Clive Mr. Hungerford Mr. Harbey Mr. Pecke But assoon as they came near the door they were not suffered by the Officers of the Army to go into the house though they disputed their priviledge of sitting if the Parliament were not dissolved but reason not prevailing after they had thus fairly made their claim they retired resolving to acquaint the Speaker by letter of their usage And accordingly on Munday the 9th of May they went to Westminster where the guards being not yet come Mr. Ansley Mr. Prinne and Mr. Hungerford went freely into the house receiving the Declaration of the 7th of May at the door But Mr. Ansley walking down into the Hall the house not being ready to sit at his return was by one Capt. Lewson of Goffes Regiment and other officers denyed entrance Mr. Prinne continued within and resolved so to do Vote against the secluded members since he saw there a new force upon the house whose only staying so guilty were the rest of their evill actions made them loose that morning and adjourn without the Speakers taking the chair And to prevent his or any other honest mans coming in among them after that they barred the door by the following Vote Ordered That such persons heretofore Members of this Parliament as have not sate in this Parliament since the year 1648. And have not subscribed the engagement in the Râ—ll of engagement of this House shall not sit in this house till further order of the Parliament Thus to the griefe of all honest and true hearted Christians the same pretended Parliament that was sitting in 1653. till Oliver disseized them sitting again in 1659. upon a Declaration of the Army with the same resolutions they had before minding nothing but prefering one another The good old cause what and their friends into good Offices and commands and Counsellors places as appear by their Vote of the 29th of May Viz. The Parliament doth declare that all such as shall be employed in any place of trust or power in the Common-wealth be able for the discharge of such trust and that they be persons fearing God and that have given testimony to all the people of God and of their faithfulness to this Common-wealth according to the Declaration of Parliament of the 7th of May. Now who they mean by persons fearing God in their canting language by their very next work you shall see which is the nominating a Councill of State Councill of State nominated into whose hands is given the dispose of all places of trust and profit yea and the command of the wealth of the Kingdom those of the house are as follow Sir Arthur Haselrig Sir Henry Vane Ludlow Jo. Jones Sydenham Scot. Saloway Fleetwood Sir James Harrington Col. Walton Nevill Chaloner Downes Whitlock Harb Morley Sydney Col. Thomson Col. Dixwell Mr. Reignolds Oliver St. Johns Mr. Wallop Of Persons without the house Ten. Viz. John Bradshaw Col. Lambert Desborow Fairfax Berry Sir Anthony Ashley-Cooper Sir Horatio Townsend Sir Robert Honywood Sir Archibald Johnson And Josia Berners Who under the mask of the good old cause began now to act as high villains as ever before having
forgotten how justly they formerly had been laid aside but they are like the dog that returnes to his vomit and with the sow that is washed to her wallowing in the mire The good old cause what it is And the better to cast a seeming gloss over the foulness of their actions and their clandestine intrusion into the Government they send forth a Declaration in print the particulars whereof might very well have been here observable if they had not already been so cleerly demonstrated by the laborious pen of learned Mr. William Prinne in his book entituled The Republicans good old cause stated having therein so fully detected them Remainder of Crown lands to be sold that there remains nothing more to be said in the same matter And now as if already they had not wasted enough by exposing to sale the Kings Queens Princes Nobles and Gentries Lands and Goods being very quick sighted and of a long and large memory whereby they knew all was not sold therefore about the beginning of June to shew us further what they meant by the good old cause they ordered the bill for publick sales to be brought in A sweet act to enrich the saints as they in their canting language called themselves but their necessities by the long deteining of the publick purse from them being grown very pressing and though they thought the money arising from those sales would be sure yet for their present urgencies not being able to stay till that could be raised they appointed the same afternoon to consider of a more speedy way for raising money for that was all they ever aimed at or hoped for and to this purpose a bill of Assessement is concluded the most fitting Quaâ—enda pecunia primum est And because they would leave no stone unturned from which they might hope gain see how ingeniously they can project making an order to the Committee of inspection a precious crew to take speciall care that such persons who have assumed the titles of Honour Dignities and precedencies heretofore conferred on them by the late King since the same were taken away by act of this present Parliament do pay the severall summes of money by them forfeited Honours gâ—ven by the late King or his Son to be null and that the said Committee do also examine whether they have brought in their Patents and to report how the said monies may be employed to the best advantage of the Common-wealth and to offer an act to take away all honours conferred by the late Kings Son Was there ever such a piece of unseemly inconsistency that the Fountain of honour should be debarred of its spring by a company of peasants whose Acts were no better than of an assembly of rogues at beggars bush but would you know why they were so much troubled 't was precedency that stuck in their stomachs those noble souls went before them both in honour and honesty therefore seeing they could not hinder them from being called Lords by others yea the generality they lay it as a crime of pride upon them that they did assume such titles for which imaginary fault they must pay the summes forfeited for such insolence against their Rumpships O this Auri sacra fames quid non mortalia pectora cogit what will it not make them do They first must pay then bring in their Patents otherwise pay again thus the Divel rangeth fiercest when his time is most short for so generall was theirs hoped to be in regard they and their Masters of the Army could not cotton together The Army fright the Grandees being already alarumed from them by a petition and address yet they grew a little more confident upon the newes of Harry Cromwells submission and falling down to worship the image which they had set up Moncke also having about the same time sent them the resolutions of himself and his Army to adhere to them as a testimony whereof he informed them of a design of an Agent from the King of Scots as they called him which his diligence and care in the Highlands had prevented These newes so animated our Juncto that thinking all cocksure Money matters only taken notice of they fall to their old Trade of raising money First by assessements then by continuing the Excise and Customes untill the first of October and lastly by ordering the Trustees for sale of Crown Lands forthwith to proceed to the sale of all computed within the Act for sale thereof and that they take care of the profits arising from the same for the use of the Common-wealth till sale thereof be made Money being thus taken care for to be raised by all means suddenly after by a Vote they revive the Committee for plundered Ministers or rather for plundering Ministers that so they may also provide them of hacknies who shall infuse into the people strange Enthusiastick wayes of Government Plundered Ministers and Tythes It was not enough with Jeroboam to cause a generall rebellion but with him also to uphold it they make of the lowest and basest of the people Priests of their high places for whom the old way of tythes is not thought good enough it was consulted how a more equall and comfortable maintenance might be setled on the ministry for satisfaction of the people whom thus intending to lull asleep they resolve to advance their own safety by colloguing with the land forces with promises of sudden pay Seamen to be impressed and strengthening the Navy by impressing Seamen which about this time in June they were about And lest they should be wanting to themselves in any thing mercenary drudges of the Juncto begin to take upon them as may appear by this order 22. June 1659 By the Contractors for sale of Crown Lands Crown lands exposed These are to give you notice that Somerset-house with the Appertenances and Hampton-Court with the parkes c. Thereunto belonging are speedily to be exposed to sale and that the Contractors intend to sit on Wednesday next the 29. instant to take in desires of such as intend the purchase of any part of Somerset-House and on VVednesday the 6th of July the desires of any that intend the purchase of any part of Hampton-Court the premises are to be sold for ready money Will. Tayler Clark attending the said Contractors Indeed the last clause for ready money was very nenessary as affairs then stood for the Grandees at Westminster having only wasted and imbezelled the rest by divisions and sharings among themselves and friends with no advantage to the publick Exchequer they would now seem to begin to amend but it is according to the Proverbe like sowre ale in Summer for they intended nothing less than increasing the publick stock but rather by augmenting and converting it to their own use make a hoped provision against an ensuing storm which they foresaw would ere long fall upon them without any means of prevention yet resolving to share the
spoil as long as they could at Midsummer they re-made their everlasting Speaker Offices bestowed and on whom Custos rotulorum of Oxford and Berkshires And that worshipfull Judas Sir H. Mildmay Custos rotulorum for Essex with severall other the like places to diverse of their leading members as the Government of Jersey to Col. Mason and severall Regiments in Ireland to Col. Cooper Col. Zankey Col. Sadler H. Cro mwell leaves I eland and Col. Laurence Having proceeded on thus far succesfully they now begin to clap their wings as invincible Ireland being delivered up wholly and quietly into their power by that pitifull cowardly Impe H. Cromwell who had already attended their pleasure at the Commons bar for which good service they stroaked him on the head told him he was a good boy for which kindness he bussed his hand made a leg and Exit But leave we him to stupid folly and let us see what rates Crown land bears the Contractors lately were very busie and behold the product June 29. 1659. By the Trustees and Contractors appointed by Act of Parliament for sale of the Castles parkes c. exempted from sale by a former Act. These are to give notice that there are Competitors for the purchase of Somerset-House Sommerset-house set to sale ctc. with the Appurtenances in the Strand Middlesex which therefore is to be exposed to sale for ready money by the box to be opened on Friday the eight of July next The annuall value being 233. l. the gross value of materialls c. 5545. l. 1. s 3. d. At which time such as desire to purchase the same may put in their papers with their name subscribed into the box aforesaid at VVorsester-House conteining how many years purchase not under 13. they will give for the annuall value c. and he that offers most is to have the purchase VVill. Tayler Clarke c. At the same time they appointed to sell ten brace of Buckes or more out of Hampton-Court Parkes and so from time to time Thus did they strive to make havock of whatever belonged to the King which indeed and no other was the good or rather cursed old cause that these miscreants so lustily fought for and so loudly cryed up And now lest they should seem ingratefull to Richard Cromwell who had so tamely left the chair of State to these Mountebanks to sit in they vote him an exemption from all arrests for any debt whatsoever for six moneths and appoint a Committee to examine what was due for mourning for the late Lord Generall Cromwell R. Cromwell protected and to consider how it may be paid for without charge to the Common-wealth Kind Gentlemen surely they are they take all he hath from him and then allow him a pension they rob him of a pound and give him a farthing not a feather of his own bird and well so too for his ambitious stepping into the royall seat deserved a greater punishment which 't was a wonder how he escaped since Usurpation and Tyranny in different hands are generally vehement scourges to each other and alwayes torments to themselves as will appear by the sequel For these godly great ones being now newly warm in their seats New plots and jealousies begin as of old to dream of Jealousies and fears Plots Plots nothing but Cavaleer plots rings either in their ears or mouths if two Gentlemen do but meet accidentally in the Street and talk together straight there is a confederacy and they must be committed to prison for doing nothing so that we might say with that Noble Romane Cicero Circumspice omnia membra Reipublicae quae nobilissima sunt nullum reperitur profecto quod non fractum debilitatumve sit O rem miseram dominum ferre non potuimus conservis vero jam servimus A sad cause of complaint to live in such a slavery but our Taskmasters would fain seem mercifull witness their Act of Indemnity Act of indemnity pardons all but Cavaliers which came out in print about July wherein they except none from pardon but only such whose consciences are not large enough to approve of open Rebellion as the last clause of their said mock-Act will shew wherein all are debarred the benefit of the same even from sixteen years of age unless they subscribe against a single person Kingship or house of Peers all sins can be digested by these fellowes except lawfull obedience to magistracy which they so abominate that all persons that are tainted therewith must not only depart out of London but out of England in either whereof if they be taken they shall be proceeded against as Traytors and all persons are impouered to take and apprehend them for encouragement of which roguery every one that discovers or takes such a person was to have ten pounds from the Councill of State Surely they are in a great fear else what should they make all this noise and bustle so furiously on a sudden to settle and raise a new militia but latet anguis in herba for now it being the Dog-dayes the house grew so hot that diverse members withdrew whereby the rest in regard of their fewness being become incapable to act because not enough to make up a house according to their own phantasticall modell on Friday 22. of July did Resolve Members to attend That the Members of Parliament who have had Letters to attend the service of the Parliament or have actually attended since the 7th of May 1659. be hereby injoyned to give their attendance in Parliament every Morning at eight of the clock for fourteen dayes and if employed by Parliament within a fourtnight Alas poor men the harvest truly was great but the labourers few therefore it was time to call for more help for which now they are so put to it that they hardly know which way to turn themselves they complain of designes of buying up of Armes to disturbe the peace which made a great one among them say this restless Spirit of the common Enemy should excite the friends of the Common-wealth to diligence and to study unity that advantage may not be given by divisions but that we may be all of one Spirit to uphold and promote the common cause that hath been contended for And the better to colour their villanies according to their usuall custome in like cases when they had mischief to do they set apart a day of fasting and humiliation A fasting day set a part for mischief and to shew that they were the same men and of the same if not worse mind than formerly for rapine and blood they proclaim J. Mordant Esquire with severall others traytors and order the Lady Howard Sr. E. Byron and Mr. Sumner to be brought to a speedy triall for dangerous and trayterous designes of bringing this Nation into blood and confusion again that is for endeavouring to restore his Sacred Majesty to his lawfull birth-right and dominions for which the