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A96821 The history of independency, with the rise, growth, and practices of that powerfull and restlesse faction. Walker, Clement, 1595-1651. 1648 (1648) Wing W329A; Thomason E445_1; ESTC R2013 65,570 81

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to spit thanks in their mouthes and make much of them These 4 Votes were generally sinisterly taken and filled mens mindes with suspicion what forme of government the Grandees would set up now they had laid by the King and every mans minde presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintaine them and every man began to lay the project of a new War at their door notwithstanding by way of prevention they had impeached divers Members and Citizens of London for endeavouring a new Warre when they did but raise men for their selfe-defence 72 72. The Declaration against the King To shew the people therefore the reasons of these 4 Votes the Independent Grandees appointed a Committee to search into the Kings Conversation errours of his Government publish them in a Declaration to the world wherein they objected many high crimes against Him concerning His Fathers death the losse of Rochell and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say That they have set forth no new matter therein which they have not formerly published in parcells since which time they have taken and caused others to take the Nationall Covenant whereby they vow to maintaine the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as Arguments to lay by the King savours more of designe then justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should doe him much wrong The people were as ill satisfied with this Declaration as with the four Votes 73 73. Tho Hasterig's Letter concerning the King wherefore 24. Febr. Mr. Speaker with much seriousnesse presented to the House a Letter out of Leicester-shire from Thomas Hasterig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy-examiner in the Star-chamber and affirmed that above twenty years since there being a suite in Star-chamber betweene the Earle of Bristoll complainant and the Duke of Buckingham defendant concerning Physick presumptuously administred by the said Duke to K. James the said Smalling took many depositions therein and was farther proceeding in the Examinations untill a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the principall passages doubting what farther proceedings might be hereafter in a businesse of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no notes so this Chimaera vanished What the said Committee would have made of this who knows God blesse us all from clandestine examinations especially when they are taken by parties preingaged 3. Caroli this businesse had been ventilated and examined against the Duke and no mention made of poysoning or killing K. 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 K. Charls yet now because K. Charls dissolved that Parliament the Independent party were willing to raise a suspition against him concerning his Fathers death whereas the Accusation against the Duke of Buckingham 3 Caroli contained seven or eight Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King and make him uncapable of Government to ruine his Person Crown 74 74. Why the Independents went so high against the King To usurp the Regall power into themselves either in the Houses purging or in the Committee of safety at Derby house and Dignity and extirpate Monarchy root and branch were taken in order to the usurping of 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 dispair of then into the hands of the Committee or Councell 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 send downe 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 Blanck 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 fuell to their covetousnesse is to sequester the Presbyerians 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 mony and bloud are all beasts of prey and when they want prey will prey upon one 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 each Member hath carried himself in the Country Thus in stead of one King 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 75 75. Why the Grandees doe still continue to truck with the King notwithstanding the said 4 Votes Notwithstanding the aforesaid four Votes and Resolutions the Caball of Grandees still keep Ashburnham and Barkley in the Army and have sent diverse turn-coat-Cavaleers and Emissaries underhand disguised to the King who pretending that by Bribes they have bought their admission to him after some insinuations endevour with false and deceitfull newes and arguments to shake his constancy and perswade him to passe the said 4. dethroning Bils for these usurpers of Soveraign Authority long to turne their Armed and violent Tyrannie into a legall Tyrannie or at least to make him declare against the Scots comming in In both which cases he will dishearten his friends who endeavour to take the golden reines of Government out of the gripes of these Phaëtons and restore them againe to his hand un-king himself and his posterity for ever be carryed up and down like a stalking horse to their designes and be Crowned Ludibrio Coronae with straw or thornes For
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 charme a deafe Adder the nine or ten engaged Lords that then possessed the House were thought to be fitter then a Jury of Middlesex to make work for the hang-man 52 52. Arguments proving the Lords to have no power of Iudicature over the Commons and yet they have no Judicature over the Cōmons as appears by the the president of Sir Simon de Berisforde William Taylboys and the City of Cambridge Note that one president against the Jurisdiction of a Court is more valued then 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 Royall quarrell and his Laws subversion Lieut. Col. Lilburne'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. Febr. 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 conusance therefore an extraordinary way of proceeding before the Lords was requisite and by the Kings speciall Authority it was done without which I dare boldly affirme the Lords have no Judicature at all 53 53. The House of Peers no Court of Iudicature at at all properly and per se which thus I make appear 1. The King by delivering the Great Seale to the Lord Keeper makes him Keeper of his Conscience for matter of equity By his Brevia patentia to the Judges of the two Benches and the Exchequer the King makes them administrators and Interpreters of his Lawes But he never trusts any but himself with the power of pardoning and dispensing with the rigour of the Law in Criminall cases And though the Lord Keeper is Speaker of the Lords House of Court 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 Peere 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 tried by his Peers only because in acts of Judicature there must be a Judge superior who must have his inferiors ministeriall to him Therefore in the Triall of the Earle of Strafford as in all other Trialls 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 Chauncery 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 at all without the Kings speciall Authority granted to them either by his Writ or his Commission And the Lords by their four Votes having denied all farther addresse or application to the King have cut off from themselves that fountaine from which they derive all their power And all Trialls by Commission must be upon Bils or Acts of Attainder not by Articles of Impeachment a way never heard of before this Parliament and invented to carry on the designes of a restlesse impetuous Faction Had the Faction had but so much wit as to try those 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 Trialls of Commissioners were authorized by the King upon the speciall 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-pouldres hath 54 54. Bl●nke impeachments dorment But this way of triall 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 suites ready made to fit every body was the apter meanes to bring those men to death whom they feared living had not a doubt of the Scots comming in taught them more moderation then their nature is usually acquainted with and to fright away or at least put to silence the rest of the Members with fear of having their names put into 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 generall this prologue to the Hang-man that looks more like a hang-man then the Hang-man himself hath since gotten the rich office of Register of the Chauncery as a reward for his double diligence Oh Sergeant Wilde and Mr. Steele despair not of a reward 55 55. Establishment for the Army Friday 17. Sept. the advice of Sir Tho Fairfax and his Councell of War was read in the House of Commons what standing Forces they thought fit to be kept up in England and Wales and what Garrisons Also what Forces to send for Ireland namely for Ireland 6000 Foot and 2400 Horse out of the supernumerary loose forces being no part of the Army And for England upon established pay 18000 Foot at 8d. per diem 7200 Horse at 2s. per diem each Trouper 1000 Dragoones and 200 Firelocks Traine of Artillery Armes and Ammunition to be supplied The Foot to be kept in Garrisons yet so that 6000 may be readily drawn into the field The Independent party argued That the Army were unwilling to goe for Ireland pretending their engagement to the contrary if you divide or disband any part of your Army they will suspect you have taken up your old resolutions against them to disband the whole Army It is now no time to discontent them when the Kings Answer to your Propositions tends to divide you and your Army and the people are generally disaffected to you The Presbyterian party argued That the engagement of the Army ought to be no rule to the Councels of the Parliament otherwise new Engagements every day may prescribe the Parliament new Rules we must look two wayes 1. Upon the people unable to beare the burden 2. Upon the Army Let us keep some power in our owne Hands and not descend so far below the dignity of a Parliament as
were knaves whatsoever befalls you cleer and innoxious souls be not ashamed be not afraid of your integrity if this Kingdom be a fit habitation for honest men God wil provide you a habitation here if it be not capable of honesty God will take you away from the evills to come and poure out all the vials of his wrath upon this totally and universally corrupted Nation this incurable people Qui nec vitia sua nec eorum remedia ferre potest for my own part if I am not such already I hope God will make me such a man Quem neque pauperies neque mors neque vincula terrent and if Moses in a heroick zeal to draw a remission of the peoples sin from God desired to be blotted out of his booke the book of life and S. Paul to be Anathema for his brethren why should not I with relation to my self submission to Christ say oportet unum mori pro populo it is fit one man die for the people and devote my self to death for my Country as the Family of the Decii in ancient Rome were wont to do I have read and admired their examples why not imitate them is it because as Machiavell saith the Christian Religion doth too much breake enfeeble and cowardize the spirit of man by persecuting subduing nature by denying her due Liberty tying her to be more passive then active At facere pati fortia Romanum imo Christianum est or is it because in this generall deluge of sin and corruption all publick spirit and all excellency in virtue is accounted a degree of madnesse or is it because of the corrupt Judgement of these times which makes a man more infamous for his punishment then for his sin and therefore Heroick acts are out of fashion the Circumstances and Ceremonies of death are more taken notice of then Death it self these follies weigh not with me Sublimis an humi putrescam parvi refert The theif upon the Crosse found a ready way to Heaven how much more an honest man many a man out of prison steps into Heaven no man out of Paradise ever found the way thither Salebrosa sit via modo certa modo expedita alte succinctus ad iter me accingo THe premises considered I do here in the name behalf of all the free Commons of England declare and protest that there is no free nor legall Parliament sitting in England but that the two Houses sit under a visible actuall and a horrid force of a mutinous Army and of a small party of both Houses conspiring and engaged with the said Army to destroy expell and murder with false Accusations and blank and illegall Impeachments and Prosecutions the rest of their fellow Members who sate in Parliament doing their duty when the two Speakers with a small company of Members secretly fled away to the Army and sate in Councell with them contriving how to enslave King Parliament City and Kingdome and how to raise Taxes at their pleasure which they share amongst themselves and their party under the name and title of the Godly the Saints And afterwards they brought the Army up to London against the Parliament and City in hostile manner A designe far exceeding the Plot of Jermine Goring c. to bring up the Northerne Army to London to over-awe the Parliament I doe farther protest that the two Houses have sate under the said force ever since the 6. of Aug. last and therefore all they have done and all they shall doe in the condition they now sit in is void and nul in Law ab initio by their owne doctrine and judgement included in their Ordinance of the 20. of Aug. last whereby they nul and void ab initio all Votes Orders c. passed from the 26. July 1647. to the 6. Aug. following FINIS