is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Trial of this Respondent he claims the benefit of Trial per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over-ruled And prayes that this his Answer and Salvos may be accepted and registred Eusebius Andrews WHereas mention hath bin made in several printed Books that John Fowke Alderman was one of those persons that did actually sit as Judges upon the Trial of his Majesty with the Councel and Attendants of the Court. And was in the number of the Judges at the Kings sentence of death These are to give notice to all men that the same is most false and scandalous as will many wayes appear And in particular by the Certificate of Henry Scobell Clerk of the Parliament in these words following ViZ. IN a Book Ordered by the Parliament to be kept among the Records of the Parliament read in the House the 11. of December 1640. and Entituled A Journal of the Proceedings of the High Court of Justice erected by Act of the Commons of England Entituled An Act of the Commons of England in Parliament Assembled for Erecting of an High Court of Justice for the trying and judging of Charles Stewart King of England In which Books are set down the Names of the Commissioners appearing each day in Court Having diligently searched the same the name of John Fowke Alderman of London is not therein mentioned as being present with the Commissioners at any meeting upon the said Trial either publike or private March 28. 1660. Henry Scobell Clerk of the Parliament THE HISTORY OF Independency The Fourth and last Part. Continued from the Death of his late MAIESTY King CHARLS the First of happy Memory till the deaths of the chief of that Juncto By T. M. Esquire a Lover of his King and Country Cicero Epist Lib. 2. Ep. 3. Civem mehercule non puto esse qui temporibus his ridere possit Id. Lib. 5. Ep. 12. Habet autem praeteriti doloris secura recordatio delectationem LONDON Printed for H. Brome at the Gun in Ivie-Lane and H. Marsh at the Princes Arms in Chancery-Lane 1660. TO THE SACRED MAJESTY OF Great BRITTAINS MONARCH The Triumphant Son of a most Glorious Father who was in all things More than Conquerour The Illustrious ofspring of a Royal Traine of ANTIENT PRINCES CHARLES The second of that Name Entituled PIOUS By the sole Providence of an Almighty hand of England Scotland France and Ireland King Defender of the Faith Restorer of the English Church unto its Pristine State and Glory Patron of Law and Liberty Not to be Seconded by any but himself Who is the best of Kings And of all Vertue to the World THE GRAND EXEMPLAR Most Dread Soveraign IT is neither arrogance nor ambition that makes me thus boldly to intrude into your presence for I know so great a Sun will quickly dazle my weak eyes but because the former parts were honoured with your royal Fathers name this therefore hopes to be sheltered under your Princely wing this but concluding what they begun and making you the happy repayrer of those Breaches which that powerfull and restless faction of Independency made on the Regalia of England that posterity may as well see in this their felicity by you in the ruine of that faction as formerly they read their own misery in the Treasonable actings thereof against his late Majesty of ever glorious memory I have no more but only to pray that you may in this World be blessed with the wisdom and happynesse of Solomon a peaceable long and all glorious Reign the age of Methuselah wherein you may enjoy the full contents of a most happy life and at last full of honour and dayes arrive to the perfect fruition of a more glorious Kingdom in Gods presence before whom is fullness of joy and at his right hand pleasures for evermore 29. Oct. 1660. This from his soul is the daily prayer of Your Majesties most faithfull subject and Servant T. M. To the Nobility Gentry Clergy and Commons of ENGLAND IT is I think more out of custome than necessity that I do at this time premise any thing the Subject whereof we treat having been fatally felt by most of the Nation in some way or other yet is it necessary that the history of such turgencies in the State should be communicated that posterity may hereafter see in their rise and fall the certain punishment of Treason though for a time guarded and upheld by armed violence and the highest policies of a subtle malice It is said of the Epicureans that though they acknowledged no providence nor any immortality of the soul and proposed pleasure as the only end of their lives yet they maintained most of them that they that were lovers of pleasure must of necessity be lovers of Justice and that without virtue it was not possible for men to live in true pleasure So as it was said of the Stoicks who were for the most part notable hypocrites that they spoke good things and did foul actions but that the Epicureans spoke and taught things that seemed foul and shamefull but did that which was fair and honest Certenly these two sects of Phylosophers might be the very parallel of our late times wherein our Stoicall Grandees could speak nothing but holiness where the practice of their lives was a continued series of horrid Treasons while a litle innocent mirth and freeness of speech was the greatest that lay or indeed could be cast upon integrity of their despised Antagonists so that we might see Cucullus non fecit Monarchum It had been well for England if the sad occasions of writing this history of the times had never happened but they have been And as our Saviour saith Offences must come but wo be to them by whom they come so then to declare the actings and their method and manner is but so to lay them open that they may for the future be the better avoided and prevented The knowledg of all persons the meaning of all matters Voss de sâ—ri Agâ— de art histor and the depth of all secrets is lockt up in history according to that of Vossius alluding to that of the Roman Poet Qui quid sit turpe aut pulchrum quid utile quid non Plenius melius Chrysyppo Crantore dixit And this I dare promise you in the ensuing Manual without too violent reflections to widen differences all the observations arising as naturally from the relations as suteable words do fitly supply the ready tongue of a Learned Oratour It is the general happinesse at this present that we can read the downfall of faction and rejoyce in the glory of restored Majesty with safety and content
this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a Share in the Government that is nothing pertinent to them a Subject and a Soveraign are clean different things and therefore until you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See Sect. 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the Impudence to answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had his Head severed from his Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Pettyfoggers Braâ—shaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever do presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chief Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted 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 and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Laws
be sensible of the Divel where with they were possessed did frown upon them which so disanimated our Fanatick Enthusiasts ha a he very first blast they left the helm and like good boyes and well-taught having drawn up formally an instrument under their hands and Seals they repair to Cromwell and according as the design was laid together with the said instrument deliver and resign the Government to him and his Councill They resign to Cromwell who though at first he seemingly denyed yet immediately after with much solemnity he accepts thereof before the Mayor some Aldermen some Judges and the Officers of the Army Having thus far perâ—ected his devillish design and made all his own by modelling the Army under the command of his own Creatures setling the Government of Ireland upon his Son Harry and Scotland reduced to obey and submit to him It is now thought fit he should declare himself Cromwels first Parliament do nothing which to please and gull the people the better he does by abasing himself and calling as he termed it a Parliament to meet on the Third of September 1654. Which it did but the poor animalls not having well conned their lesson before-hand were suspected dull and turned a grazing to get more understanding the very first instant he might lay hold on to do it By which means once more all pretence of Government being utterly abolished he himself playes Rex and by an arbitrary power beyond without and against law doeth what he list Major Gen. set up by Mayor-Generals a name in England unknown oppressing the Country robbing the Gentry spoiling all and murdering many so that none durst say what doest thou A question was converted into a plot and to deny a tax merited decimation It was not enough to have suffered all former rapines imprisonment and plunderings fines and taxes but at last we must all be decimated We were tanquam Oves destined for slaughter and such was our misery there was none to redeem sad testimonies whereof were Gerard Grove and others about this time whose blood only could expiate a crime they never thought or were guilty off In this unlimited posture of arbitrary power did the the Kingdom stand when that Arch-Machiavilian Cromwell adding strength to the wings of his ambitious mind soared an Eagle-height and made all the circumference of his actions to center at the royall State thinking with a grasp of the Scepter to ennoble his name and family not minding either the danger of the passage or the slipperriness of the station when arrived at the top And indeed such was his fortune that he did ascend the throne in which it was for the future his restless endeavour to settle himself and his posterity and the better to cast a seeming gloss of legality upon his usurpation Cromwels second Parliament confirm him as Protector he summons another Parliament in the Year 1656. hoping thereby to work his ends unseen and so he did as to the vulgar eye for soon after their meeting and first triall of their temper he so moulds them to his own humour by a recognition that they are over-hastily delivered of a strange abortion by them called the petition and advice c. in which with much solemnity though damnable hypocrisie they desire him to be King but in more general terms to take upon him the government and be chief Magistate which he very gravely considering of diverse dayes returnes his denyall in part but withall insinuates in part his willingness to be setled Lord Protector at which newes his faction rejoycing with many Eulogies for his humility in refusing the Kingship he is by the said Parliament who adjourned for the same end solemnly installed Protector at Westminster by Widdrington who was the Speaker to that convention by Whitlock Lisle Warwick c. And upon their resisting he is petitioned to accept of almost two millions by the year for his support to maintain a crew of idle wenches his daughters whose pampered lusts were grown almost insatiable 2. To erect a new house of Lords of his own Creatures who being indebted to him for their raising durst do no other than by a slavish submission perform his tyrannous will 3. To name his successor that so he might entail his yoke of tyrannical Usurpation and slavish oppression on the Kigdom and severall other things which with much adoe after many perswasive intreaties and much unwillingness God knowes he accepts of No sooner is this done The said Parliament dissolved but the fox laughs in his sleeve to see how he has cheated the Parliament And therefore to make them know their rider after a few words of exhortation to them of the want of them in the Country and the necessity of their retiring thither for the peace of the Nation with a friendly nod he dismisseth them and sends them home Thus with much cunning and dissimulation having attained the perfection of his desires Cromwell seeks to strengthen himself knowing that such greatness must be upheld with allies and every noble coat of armes must have his supporters he strengthens himself at home by intermixing with noble blood marrying own of his Daughters to the Lord Faulconbridge and an other to the heir apparent of the Earldom of Warwick the later of which though in the prime of his youth finding the disagreement between Nâ—ble and Rebell blood was soon over-heated and by the suddenness of his death left his wife the widow of a loathed bed In the next place he seeks friendships and leagues abroad and intending to close with France He closeth with France he directly quarrels with the Spanyard and affronts him in severall places near about one time particularly he sends one part of the Fleet under the command of Pen to Hispaniola but with so little disadvantage that he was enforced to retreat thence with no small loss falling soon after on Jamaica with better success winning a part thereof though most inconsiderable the whole Island being not worth the tenth part of the blood and treasure it hath cost this Kingdom being no way at all serviceable either for the advance or security of trade in those parts Mazarine in France finding the benefit of these helps upon the very first motion strikes with him a league offensive and defensive Cromwell promising to assist the French with 7000. Men to maintain the war against the Flanders which at this time he sent they proving so helpfull by their valour that in a short time they gain Mardike Gravelin and Dunkirke Dunkirke gained the last of them according to articles being delivered up to the English in whose hand it yet remains In the interim while these things were transacting Cromwell suspicious of every blast of wind and fearfull of every motion contrives in himself to take off two or three of the most eminent of the Kings party in England to daunt the rest among whom he separates one layman Sir Henry Slingsby and one
Churchman Dr. Hewit Dr. Hewits death for the slaughter and conscious to himself that they had done nothing contrary to the law of the land he durst not try them by a Jury but re-erects his monstrous high Court of Justice before which being brought they denyed the authority thereof as unwarrantable which so wrought upon the patience of Mr. Lisle their bloodily learned President and the rest of the gange that they according as they were fore-instructed by their Master Divell Oliver without any great matter of circumstance condemne them both to be beheaded which sentence was accordingly executed on them the 8th Day of June at Towerhill notwithstanding all the means their friends could use of engagements perswasions and money and the deep earnest and continued intreaties sollicitations and supplications of Mrs. Claypoole his best beloved daughter Mrs. Clapooles death for so inexorable he continued that like the deaf adder he stopped his ears to the charmer charme he never so wisely at which unheard of cruelty and for that Dr. Hewits Lady as is said was then with child Mrs. Claypoole took such excessive grief that she suddenly fell sick the increase of her sickness making her rave in a most lamentable manner calling out against her Father for Hewits blood and the like the violence of which extravagant passions working upon the great weakness of her body carried her into another World even at the heighest thereof No sooner did Cromwell receive the deplorable newes of this sad death of his Daughter but himself falls into a desperate melancholly which never left him till his Death which was not long after Observe Give me leave here to relate a passage which I received from a Person of Quality Viz. It was believed and that not without some good cause that Cromwell the same morning that he defeated the Kings Army at Worcester Fight had conference personally with the Divell with whom he made a contract that to have his will then and in all things else for seven years after from that time being the Third of September 1651. he should at the expiration of the said years have him at his command to do at his pleasure both with his soul and body Now if any one will please to reckon from the third of September 1651. till the Third of September Cromwels death 1558. he shall find it to a Day just seven years and no more at the end whereof he dyed but with such extremity of tempestuous weather that was by all men judged to be prodigious neither indeed was his end more miserable for he dyed mad and despairing than he hath left his name infamous this was the end of our English Nero and thus having laid the best foundations his short and troublesome Reign would give leave to have continued his posterity in the same unlimited Dominion at his death si ulla fides viris qui castra sequuntur declaring his eldest Son Richard his successour in his Usurpation Leaving his Son Henry Lord Lieutenant of Ireland and his Daughter Fleetwood married to the Commander in chief of the Army under himself and the only Man suspected for a Competitour in the Protectorship for Lambert had been laid aside long before as a person of too dangerous and aspiring principles to be trusted Richard Cromwell Protector Richard Cromwell p esently ascends the Throne being but a private Gentleman of Hampshire invited thereunto and incouraged by Fleetwood Desborow Sydenham the two Jones Thurloe and others the relations and confidents of his Father His first work is to take care for his Fathers Funerall his corps being shortly after interred among the Kings and Queens at Westminster at a farr * 29000 l. greater charge than had been used upon like occasions in the richest times death giving him that honour which he aspired to but durst not embrace in his life time which solemity â—ast by the contrivance of the new Courtiers congratulations are sent prepared at Whitehall from most of the Counties Citties chief Townes of England And from the Armies of England Scotland Ireland with engagements to live and dye with him Addresses from the Independent Churches by Mr. Goodwine and Nye their Metropolitans and was indeed worshipped by many as the rising Sun in our Horizon This Introduction being made for transferring the Government of these Nations from the Royal family of the Stewarts to that upstart of the Cromwells it was thought fit that a generall Convention Diâ—ks Parliament now model ed. after the manner of a Parliament wisely chosen by influences from Whitehall should be called to meet the twenty seventh of January and upon pretence of restoring the people to their antient way of Elections but reall that the Court might command the more votes the Burroughs also had writs sent to them and the Elections were all made in the antient way only thirty memberâ— were called by writs from Scotland and as many from Ireland according to the late combination of the three Nations into one Common-wealth This new kind of Parliament being met at the time and place appointed God who had so well ordered the Elections notwithstanding the practices of Men that their English Spirit quickly appeared against Impositions both from Court and Army Act of Recognition which being discerned by the Protector and his Grandees a Recognition is sent to them to be drawn into a bill the debate whereof taking up a whole fourtnights time and they still remaining in a great streight till by the expedient of an honest Gentleman they were extricated thence by passing these votes on Munday the 14th of February 1658. without any division or negative Resolved that it be part of this Bill to Recognize and declare his Highnesse Richard Lord Protector and chiefe Magistrate of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Resolved that before this Bill be committed the House do declare such additionall clauses to be part of this Bill as may bound the power of the chief Magistrate and fully secure the Rights and Priviledges of Parliament and the Liberties and Rights of the People and that neither this nor any other previous vote that is or shall be passed in order to this Bill shall be of force or binding to the People till the whole Bill be passed Committee of inspection This done a Committee of Inspections is appointed to take a view of the accounts and revenue of the Common-wealth twelve Members versed in matters of account were selected and fully impowered for that work in order to the lessening the charge of the Common-wealth On Saturday the 19th of February they re-assumed the debate upon the Act of Recognition and resolved That it be part of the bill to declare the Parliament to consist of two houses Parl. to consist of two houses after which they fell upon the point of bounding the chiefe Magistrates power and the bounds and powers of the