Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their own faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded therby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may pass through any form of Government to carry on their Design The Diurnall tells you there was not a Negative Voice this shews under what a terror they sit when in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speak true and yet the King no Prisoner of War was passed onely in the name and by the Authority of the Commons Notwithstanding the Order of the House That the Clerk should not deliver a Copy of the said Ordinance to any man I here present the Reader with a Copy thereof * An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England 59. The Act for Triall of the King VVHeras it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government Quaere Whether the Faction do not translate these Crimes from themselves to the King with many others and that besides all evil waies to bring His Design to pass He hath prosecuted it with fire and sword levied and maintained a Civill Warre in the Land against the Parliament and Kingdom whereby this Countrie hath been miserablie wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment Whereas also the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdom did forbear to proceed judicially against Him but found by sad experience that such their remissness served onely to encourage Him and His Complices in the continuance of their evil practices and raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas Ld. Fairfax Generall Oliver cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaas Pennington Alderman Thomas Atkins Ald Col. Rowland VVilson Sir Peter VVentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berkstead Col. Mat. Tomblinson Iohn Blackstone Esq Gilb Millington Esq Sir Will Cunstable Col Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Livesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburn Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Richard Dean Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Iohn Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Esq Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Esq Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Humph Edwards Esq Greg Clement Esq Iohn Fray Esq Tho Wogan Esq Sir Greg Norton Serj. Iohn Bradshaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Ald. Thomas Scot Alder. Tho Andrews Ald William Cawley Esq Abraham Burrell Esq Col Anthony Stapley Roger Gratwicke Esq Iohn Downs Esq Col. Thomas Horton Col. Tho Hammond Col. George Fenwick Serj. Robert Nichols Rohert Reynolds Esq Iohn Lisl Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn Weaver Eq. Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Esq Augustin Skinner Esq Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Brown Esq Iohn Lowry Esq Mr. Bradshaw nominated President Counsellors assistant to this Court and to draw up the Charge against the KING are Doctor Dorislau Master Steel Master Aske Master Cooke Serjeant Dandy Serjeant at Arms. Mr. Philips Clerk to the Court. Messengers and door-keepers are Master Walford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Judges for the hearing trying and Judging of the said Charles Stuart and the said Commissioners or any 20 or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such Proportions as they and the two Houses shall agree 2. He disableth them to bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War That the King protected Delinquents from justice And all that the House desired in the Propositions presented to him at Oxford Febr. 1642. was That His Majesty would leave Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
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
Humane shewing Him to be more then Conquerour of His Enemies in His rare Christian patience and charity the very reading of it aggravateth our loss of so Gracious and excellent a Prince that had learned the whole method of humane perfection in the schoole of adversity Herod and his Jews never persecuted Christ in his swadling-clouts with more industrious malice then the Antimonarchicall Independent Faction this Book in the Presses and shops that should bring it forth into the world knowing that as the remembrance of Heaven strikes a horror into us of Hell So the contemplation of his virtues will teach us to abhorre their vices March 8. 1648. 129. The form of Writs for Elections changed The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament But three dayes before it was reported to the House from the Councell of State what number of Horse and Foot they thought fit to be kept up for the service of England and Ireland 130. A new establishment for the Army reported to the House from our new Masters the Councell of State and the Monthly charge which estimated come to 160000 l. per mensem You see we are likely to finde these our new Lords such gracious Masters to us that as the second part of Englands new Chains saith We shall have Taxes though we have neither Trade nor Bread In the Earle of Essex time when the Warre was at the highest the Monthly Tax came but to 54000 l. a Month yet had we then seven or eight Brigades besides his Army and Garrisons but that the Faction of Saints may carry on the work of a thorow Reformation in our purses as well as they have done in the Church and Common-wealth they first raised the Tax to 60000 l. a Month for England besides 20000 l. a Month pretended for Ireland but I believe little of it slips through their sanctified fingers to go thither And now to shew they can use double dealing against the Ungodly they would double the summ from 80000 l. to 160000 l. a Month this is to break our hearts with property and make them take what impressions of slavery they please to set upon them this Conventicle of State will engross all the Coyn and Treasure of the Land into their own hands and then subdue us therewith and make us like slavish Aegyptians sell our selves and our Lands for Bread or money to buy Bread when that inseparable companion of a long warre Famine approcheth which their barbarous and illegall Sequestrations unstocking mens Farms and laying them wast will inevitably bring upon us they have more hope to subdue and lessen the number of their Opposites by famine and want then by the Sword in order to which they have destroyed the Trade of the City and undone multitudes of Trades-men who being disabled to pay their Taxes the Army cause all their Arrears to be leavied upon the City by a new Tax upon the rest of the Inhabitants and the Outlandlords and when Cromwell was told this would undo the City He answered It was no matter the more were undone the more would clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of Commons in farther prosecution of their said Design and to please their Masters of the Army passed printed and published in the form and style of a Statute this Paper following intituled An Act for the Abolishing the Kingly Office in England WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the Law the Crown cures al defects how can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdom or Dominions or either or any of them Be it therefore Enacted and Ordained and it is Enacted We have sworn faith and Allegâ—ance to K. Charls the First His lawfull Heirs and Successors and our Vow is recorded in Heaven from which no power on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are now Supreme as in imitation of the Pope to bring this Claus in practise Licet de jure non possumus tamen pro plenitudine potestatis nostra volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him are and be disabled to hold or enjoy the said Crown of England or Ireland All our Laws cut off by the non obstante of an eighth part of the House of Commons sitting under a force After almost 1000 years experience it is now found to be dangerous The English were never one half-quarter so much enslaved since William the Conquerour subdued them as they have been since Oliver the Brewer subjugated them and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honours Manors Lands Tenements possessions and Hereditaments belonging or appertaining to the said Crown of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwal or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publike interest of the people and that for the most part use hath been made of the Regal power and prerogative to oppress impoverish and enslave the Subject and that usually and naturally any one person in such power makes
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Colledge And by John Goodwin the sophistical Divine which is fully conâ—uted in A Religious Demurrer concerning submission to the present power an excellent peece but what the Sword gave To this the honest Lievtenant Colonel answered Mr. Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or four honest men and rob them that act is righteous because they are the stronger Party And if any power be a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man in resisting and fighting against a just power in the King who was a power up and visible fenced about with abundance of Laws so reputed in the common acceptation of Men by the express letter of which all thâ—se that fought against him are ipso facto Traytors and if it were not for the preservation of our Laws and Liberties why did the Parliament fight against Him a present power in being and if there be no Laws in England nor never was then you and your great Mâ—sters Cromwel Fairfax and the Parliament are a pack of bloody Rogues and Villains to set the People to murder one anâ—ther in fighting for preservation of their Laws in which their Liberties were included which was the principal declared Cause of the War from the beginning to the end I thought quoth the Lievtenant Colonel I had been safe when I made the known Laws the rules of my actions which you have all sworn and declared to Defend and make as the standard and touchstone between you and the People * The Laws are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lyes not therein their minds may change and then where are you I but quoth the Lievtenant Colonel I cannot take notice of what is in their minds to obey that but the constant Declaration of their minds never contradicted in any of their Declarations as That they will maintain the Petition of Right and Laws of the Land c. This was the substance of their discourse saving that John pinched upon his great Masters large fingring of the Common-wealths money calling it Theft and State-Robbery and saying That Cromwel and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summ of this Debate to thee that by comparing their doctrine and principles with their daily practices thou mayst perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign under pretence of defending our Laws and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sun pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegal and bloody Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King break the Parliament by hostile force put down the House of Lords erect extrajudicial High Courts of Justice to murder Men without Trial by Peers or Jury or any legal proceeding to subvert the fundamental Government by Monarchy and dispossess the right Heir of the Crown and to usurp his Supreme Authority in a factious fagg-end of the House of Commons to put the Kingly Government into a packed Junto of forty Tyrants called A Councel of State to exercise Martial Law in times of peace and upon persons no Members of the Army to raise what unnecessary illegal Taxes they please and share them and the Crown Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free-quarter to alter the Styles of Commissions Patents Processe and all Legal proceedings and intoduce a forraign Jurisdiction to Counterfeit the Great Seal and Coin of the Kingdome and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons is High Treason by the known Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speak against these crimes Good God! how long will thy patience suffer these Fools to say in their hearts there is no God and yet profess thee with their mouths to break all Oathes Covenants and Protestations made in thy Name to cloak and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived sensless Trees and torn brute Beasts that serve thee according to their Creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in War Turn the Councels of the wise into folly let the crafty be taken in their own net and now at last let the Oppressed taste of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeal to thee as Author of their prosperous sins become Lord Author of their just punishments bestow upon them the rewards of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my self stand in need and seek to ripen thy vengeance before thy time Shall the Pot ask the Potter what he doth I beheld the prosperity of the wicked and my feet had slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May 30. 1649. The aforesaid Trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of slaves was proclaimed in London by the newly intruded illegal Lord Mayor Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them until some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Trial of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of
or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and haste to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannical Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they took upon them the Supreme Authority of the Nation subverted our well-mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them 1. A Collusive Accommodation as many of the Secured and Secluded Members Ministers and other Presbyterians as they could to the end that ex post facto being guilty of their sins they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivals but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endeavour was how to diminish the number of their Opposites 2. An intended Massacre Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Poniards were provided last Winter 1649. But fame prevented this plot which coming to be the common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no less bloody then and as effectual as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act 2 Jan. 1649. 3. The Engagement To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty than To be totally deprived of all Benefit of Law whatsoever Now the Lawes of the Land being the only Conservators of our Lives Liberties and Estates without which Lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and injustice and our Lives and Persons to wounds and murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-Engagers and to pay themselves their Arreares of which these Parliamennt men have cousened them out of their Estates and though the Souldiers were not so wicked as their Masters yet we daily see many good Families in England despoiled of their Estates for want of protection of the Lawes brought to miserable beggery rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known Law of this Land which this Parliament hath declared to observe and keep in all things concerning the lives liberties and properties of the people with all things incident thereto contrary to this Parliaments reiterated Votes that they would not change the Ancient Government by a King Lords and Commons And contrary to the Oathes of Allegiance Obedience and Supremacy whereby and by the Stat. of Recognition 1 Jac. our Allegiance is tied onely to the King his Heirs and lawful Suceessors from which no power on earth can absolve us and so much we attest in the Oath of Supremacy Politicus Interpreter to our new State-puppet play Numb 19. from Sept. 19. to Sept. 26. out of the dictates of his Masters tells us that in Answer to the Kings Act of oblivion granted the Parliament intends to pass an Act of General pardon for which they expect in future a General obedience and submission to the Government you see though they will not be the Kings subjects they will be his Apes and in the beginning of the said Pamphlet Politicus saith That Protection implies obedience otherwise they may be handled as publick Enemies and Out-laws and ought to be destroyed as Traitors Here you have the end to which this general pardon is intended it is but a shooing-horn to draw on the utmost penalty upon Non-engagers appointed by the said pretended Act 2. Jan. 1649. to weed them out of this good Land that the Saints only may enjoy the earth and the fulness thereof to which purpose all their new coyned Acts and Laws are directed The Scripture points forth these kind of men when it saith The Mercies of the wicked are cruel The sum of all is If we will not acknowledge Allegiance to these Mushromes we shall be Traitors without Allegiance a Treason never yet heard of in any Law If we will acknowledge Allegiance we put our selves in a capacity to be Traitors when they shall please to make us such But let them know That we are all Englishmen Free-born alike under the protection of an ancient legal Monarchy to which we owe Allegeance and how we come to forfeit that legal Protection our setled Laws and Government and be subjected to a New unknown protection obtruded upon us by a company of upstarts Mushromes of Majesty so mean in birth and breeding for the most part that the place of a Constable equalls the highest of their education imposing what Laws and conditions upon us they please I would be glad to hear without being hindred by Guns Drums High Courts of Justice and other Instruments of Violence and Murther But the greatest Mystery in this cheat is That our Self-created Supremists having voted the original power to be in the people and but a derivative Authority to be in themselves as the Representative of the people should notwithstanding so yoak their Sovereign Lord the people and make them pay Allegiance to their own Delegates the eighth part of a House of Commons under the penalty unless they subscribe as the far major part have not of out-lawing and depriving all the people of this Land of all benefit of the Laws they were born to and consequently of annihilating and making them no longer a Nation or people As if they were meer Salvages newly conquered collected and formed into a politick body or Commonwealth and endowed with Laws newly invented by the Novice Statists But the unlawfulness of the said Engagement with the
submit to the power of the Sword the hilt and handle whereof they hold They turn out the Lieutenant of the Tower without cause shewn The consequences of these two actions were that immediately the City decayed in Trade above 200000 l. a week and no more bullion came to the Mint They displace all our Governours though placed by Ordinance of Parliament and put in men of their own party for this encroching faction will have all in their own hands they alter and divide the Militia of London setting up paâ—ticular Militia's at Westminster Southwark and the Hamblets of the Tower that being so divided they may be the weaker Demolish the Lines of Communication that the City and Parliament may lie open to Invasion when they please and fright many more Members from the Houses with threats and fear of false impeachments The 11. impeached Members having leave by order of the House and license of the Speaker some to go beyond Sea and Anthony Nichols to go into his own Country to settle his Affairs Some of them as Sir William Waller and M. Den Hollis were attacht upon the Sea Nichols arrested upon the way into Cornwall by the Army and despightfully used And when the General was inclined to free him Cromwel whose malice is known to be as unquenchable as his Nose told him he was a Traitor to the Army You see now upon whom they meant to fix the peoples allegiance for where no allegiance is due there can be no Treason and to what purpose they have since by their 4 Votes first debated between the Independent Grandees of the Houses and Army laid aside the King and as much as in them is taken off our Allegiance from him Col. Birch formerly imployed for Ireland by the Parliament was imprisoned and his men mutinied against him by the Army and Sir Sam. Luke resting quietly in his own house was there seized upon and carried Prisoner into the Army All these Acts of terror were but so many scarecrowes set up to fright more Presbyterians from the Houses and make the Army masters of their Votes 38. Proceedings of both Houses under the power of the Army I must in the next place fall upon the Proceeding in both Houses acted under the power and influence of this all-inslaving all-devouring Army and their engaged party to attain the knowledge whereof I have used my utmost industry and interest with many my near friends and kinsmen sitting within those Walls heretofore when Kings 39. Ordinance to Nul and Void all Acts passed in absence of the 2 runagado Speakers not Brewers and Draymen were in power the walls of publick Liberty The Lords that sate in absence of the two Speakers all but the Earl of Pembrook whose easie disposition made him fit for all companies found it their safest course to forbear the House leaving it to be possessed by those few Lords that went to and engaged with the Army which ingaged Lords sent to the Commons for their concurrence to an Ordinance To make all Acts Orders and Ordinances passed from the 26 July when the tumult was upon the Houses to the 6 of August following being the day of the fugitive Members return Void and Null ab initio This was five or six several days severally and fully debated as often put to the question and carried in the Negative every time Yet the Lords still renewed the same message to them beating back their Votes into their throats and would not acquiesce but upon every denial put them again to roll the same stone contrary to the privileges of the Commons The chief Arguments used by the engaged party were all grounded upon the Common places of fear and necessity 40. Menaces used by the engaged party in the House Mr. Solicitor threatning if they did not concur the Lords were resolved to vindicate the Honour of their House and sit no more they must have recourse to the power of the Sword The longest Sword take all That they were all engaged to live and die with the Army They should have a sad time of it Haslerigge used the like language farther saying Some heads must flie off and he feared the Parliament of England would not save the Kingdom of England they must look another way for safety They could not satisfie the Army but by declaring all void ab initio and the Lords were so far engaged that no middle way would serve To this was answered That this was an appeal from the Parliament to the Army And when these and many more threats of as high nature were complained of as destructive to the liberty and beings of Parliaments the Speaker would take no notice of it Sir Henry Vane junior Sir John Evelin junior Prideaux Gourdon Mildmay Thomas Scot Cornelius Holland and many more used the like threats Upon the last Negative being the fifth or sixth the Speaker perceiving greater enforcements must be used pulled a Letter out of his pocket 41. A threatning Remonstrance from the Army to the House From the General and General Council of the Army for that was now their stile pretending he then received it But it was conceived he received it over night with directions to conceal it if the question had passed the affirmative It was accompanied with a Remonstrance full of villanous language and threats against those Members that sate while the two Speakers were with the Army calling them pretended Members charging them in general with Treason Treachery and breach of Trust and protested if they shall presume to stir before they have cleared themselveâ— that they did not give their assents to such and such Votes they should sit at their peril and he would take them as prisoners of War and try them at a Council of War What King of England ever offered so great a violence to the fundamental Privileges of Parliament as to deny them the Liberty of Voting I and No freely Certainly the little finger of a Jack Cade or a Wat Tyler is far heavier than the loynes of any King Many Members were amazed at this Letter and it was moved That the Speaker should command all the Members to meet at the House the next day and should declare That they should be secured from danger And that it might be ordered That no more but the ordinary Guards should attend the house But these two motions were violently opposed with vollies of threats by the aforesaid Parties and others And after more than two hours debate the Speaker refused to put any question upon them or any of them and so adjourned to the next morning leaving the Presbyterian Members to meet at their Peril The next day being Friday the 20. August there was a very thin Assembly in the House of Commons the House having with so much violence denyed protection to their Members the day before made most of the Presbyterian party absent Some went over to the Independent party others sate mute At last a Committee was appointed presently
Skippon when he had spoken any thing in the House prejudicial to the King or City about a Week after when the venom he hath spet hath wrought its effect and is past remedy usually complains in the House that his words are carried forth of the House and maliciously and falsly reported in the City to his disgrace and danger and repeating in a more mild and qualified way some part of what he had formerly said appealed to the House Whether that were not the full truth of his words When the House having forgotten his former words no man can and for fear of the envy and malice of a powerfull Faction no man will contradict him this is his way of Apologizing and clearing himself He hath got above 30000 l. in his purse besides 1000 l. a year land of Inheritance given him by the Parliament He hath secured his personal Estate beyond Sea and his Wife and Children and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City and is here amongst us but in the nature of a souldier of fortune Note that upon the said 15 day of July when the debate was for Voting the Scots that were come in Enemies c. the first question was put 106. D. Hamiltons Army Voted Enemies that all such Scots as are or shall come into England in hostile manner without consent of both Houses of the Parliament of England were Enemies c. but upon farther debate the words or shall were left out upon this Consideration that the Earl of Argyle might happily come into England with a Party and fall upon Duke Hamilton in the rear to divert him July the 20. The Speaker told the Commons 110. D. Hamilton's Letter and Decaration brought to the House that Major General Lambert had made stay of a Scottish Gentleman one Mr. Haly-barton who passed through his quarters with Letters from D. Hamilton to the two Houses and the King that he found about Mr. Haly-barton divers private Letters for the carrying of which he had publick on Authority and therefore Lambert made bold to seal those private Letters in a packet by themselves with his own seal and Mr. Haly-bartons That Lambert had sent up Mr. Haly-barton with one Lieut. Col. Osburn a Godly Scottish Gent. and another Keeper in nature of a Prisoner 111. L. Col. Osburn a fugitive Scot. This Osburn delivered that private packet to the Speaker so a Committee was named to peruse that private packet and Osburn was called into speak what he knew who delivered at the Bar that the Godly party in Scotland were oppressed and trodden under foot by Duke Hamilton's party that their very souls we afflicted at his proceedings that the Kirk of Scotland with one mouth proclaimed in their faces their engagement and proceeding thereupon to be damnable and destructive he desired the House not to look upon these proceedings as the Act of the Nation of Scotland since there were a great many Godly men who hoped the Lord would enable them in his good time to march into England with the Marquesse of Argyle and fall into the rear of Duke Hamilton with a diversion He reported the Scots that came in to be but 8000 Horse and Foot and Langdale but 2000. Then was read the Letters of D. Hamilton wherein He complaineth no answer had been given to the Parliament of Scotlands just desires of the 26 April last that by authority of the Scottish Parliament he was necessitated to come into England according to the Covenant and not without the invitation of divers wel-affected English who had taken the Covenant There was a Declaration inclosed in the Letters which the prevailing party obstructed the reading of yet the Lords having printed it they have since read it in the House and presently the question was put that all such English as have invited the Scots under D. Hamilton to come in hostile manner into England shall be declared Traytors and carried in the Affirmative I formerly told you that about 12 July Weaver moved that the Prince of Wales might be Voted a Traitor what they could not then carry with a fore-wind they now brought in again with a side wind but who doubts but the Prince invited in the Scots to the relief of his Father and himself oppressed and imprisoned contrary to the Solemn League and Covenant by a Rebellious Army and a schismatical party of both Houses engaged with the said Army And that the Scots are come in according to the Covenant only 112. A motion in the House of Commons to Bayl Rolf. A little before this time Tho. Scot Sir P. Wentworth Blackstone C. Harvy Hill the Lawyer and others pressed the House with much earnestness to Bayl Rolf committed Prisoner to the Gate-house upon the Complaint of Mr. Osburn for endeavouring to make away the KING uâ—ing many words in his commendation for his godliness and faithfulness and complaining of his hard usage in Prison where he lay amongst Rogues It was opposed by many because High Treason is not baylable by the Law neither is the House of Commons a Court of Judicature and therefore can neither Imprison nor Bayle any but their own Members At last Mr. Sam. Brown moved that a Committee might examine the businesse for matter of Fact and report to the House and then the House if they saw cause might Bayle him and bind over Master Osburn to prosecute him next term in the Kings-bench This motion took effect and great care was taken for the present that Rolf might have better entertainment in the Gate-house according to his quality having been not long since a Shoo-maker one of the Gentle-craft 113. The Speakers Warrant to search for the Foot-boy that beat Sir Hen. Mildmay About this time 2 Files of Musketiers by warrant from the Speaker of the House of Commons came in the dead time of the night to the Houses of Sir Paul Pynder and Alderman Langham pretending to search for the Foot-boy that beat Sir H. Mildmay They forced open the doors of Sir Pauls house and searched with great diligence but could not do the like at Alderman Langham's who being guilty of having some Money in his House durst not adventure to obey the Warrant and open his doors nor had he reason to do it his House by the Law being his Castle of Defence the privilege thereof not to be violated but in case of Felony or treason Compare the diligent prosecutions in the behalf of Sir Harry Mildmay with the slack and negligent proceedings in the behalf of the King and you will find a new practical Law contrary to the old known established Law that a trespasse against a Grandee though but a Subject is more than a treason against a King Fears and Iealousies arising from several Informations as that of Croply and Hyde called 114. Fears and jealousies cause the City to resume the power of their own Militia The Resolutions of
that there is a natural purging a natural phlebotomy belonging to Politique as well as to Natural bodies and that some good humors are always evacuated with the bad yet I cannot but deplore what I have observed That the honestest and justest men on both sides such as if they have done evil did it because they thought it good such as were carried aside with specious pretences and many of them seduced by Pulpit-devils who transformed themselves into Angels of light have always fared worse than other men as if this difference between the King and Parliament were but a syncretismus or illusion against honest men nay I do further foresee that in the period and closing up of this Tragedy they will fare worst of all because they have not taken a liberty to inrich themselves with publique spoils and fat themselves by eating out the bowels of their mother but are grown lean and poor by their integrity whereby being disabled to buy friendship in the dayes of Trouble they will be put upon it to pay other mens reckonings When Verres was Praetor of Sicily he had with wonderfull corruptions pillaged that Province and at the same time the Praetor of Sardinia being sentenced for depeculating and Robbing that Province Timarchides Verres Correspondent at Rome writ a very anxious Letter to him giving him warning of it But Verres in a jolly humour answered him That the Praetor of Sardinia was a fool and had extorted no more from the Sardinians than would serve his own turn but himself had gathered up such rich booties amongst the Sicilians that the very overplus thereof would dazle the eyes of the Senate and blind them so that they should not see his faults Such I foresee will be the lot of the more just and modest men who shall be guilty because they were fools as the other sort shall be innocent because they were knaves Whatsoever befalls you clear and innoxious soules be not ashamed be not affraid of your integrity if this Kingdom be a fit habitation for honest men God will provide you a habitation here if it be not capable of honesty God will take you away from the evils to come and pour out all the Vials of his wrath on 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 an heroick zeal to draw a remission of the peoples sin from God desired to be blotted out of his Book the Book of Life and St. Paul to be Anathema for his Brethren why should not I with relation to my self and 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 Machiavel saith The Christian Religion doth too much break enfeeble and cowardise the spirit of man by persecuting and subduing nature by denying her due Liberty and tying her to be more passive than active At facere pati fortia Romanum imo Christianum est or is it because in this generall deluge of sinne and corruption a publique spirit and excellency in virtue is accounted a degree of madness or is it because of the corrupt judgement of these times which makes a man more infamous for his punishment than for his sin and therefore Heroick acts are out of fashion the circumstances and ceremonies of Death are more taken notice of than Death it self these follies weigh not with me Sublimis an humi putrescam parvi refert The Thief 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 altè succinctus ad iter me accingo THe Premises considered I do here in the name and behalf of all the free Commons of England declare and protest that there is no free nor legal Parliament sitting in England but that the two Houses sit under a visible actual and an horrid force of a mutinous Army and of a small party of both Houses conspiring and engaged with the Army to destroy expell and murder with false Accusations and Blank and Illegal 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 Council with them contriving how to enslave King Parliament City and Kingdom 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 design far exceeding the Plot of Jermine Goring c. to bring up the Northern Army to London to over-awe the Parliament I do farther protest that the two Houses have sate under the said force ever since the sixth of August 1647. and therefore all they have done and all they shall do in the condition they sit in is void and null in Law ab initio by their own doctrine and judgement included in their Ordinance of the 20. of August last whereby they null and void ab initio all Votes Orders c. passed from the 26. July 1647. to the 6. August following Arguments against all accommodation and Treaties between the City of LONDON and the ingaged Grandees of the Parliament and Army 1 IT will never be safe nor honourable for so great a City to accommodate and joyn interest with a conspiring Party that by frequent violations of their faith and duty have inslaved King Parliament City and Kingdom and broken the Faith of this Nation given to the Scots in the large Treaties and in the National Covenant 2. By accommodating with them you make all their crimes your own their subtilty being to involve you to joyn with them in defence of their crimes 3. The Scottish quarrel is not against the English Nation but against the treacherous and hypocritical Grandees who by perjuring themselves and falsifying their ingagements both unto Kingdom and Army keeping the Souldiers by false suggestions from disbanding and totally obstructing Irelands relief and also a conspiring party in Parliament who keep them up to make good the aforesaid crimes forcing what Votes they please to passe by over-awing the Parliament Witnesse Cromwels laying his hand upon his Sword and forcing the House to passe those traiterous Votes against the King contrary to their own Consciences Allegiance Protestations Vow and Covenant and to raise Taxes upon the people which
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands New Chains and the Hunting the Foxes from New-Market and Triplo heath to White-hall by five small Beagles p. 6 7. See my Animadversions upon the Army Remonstrance Nov. 20. 1648. and Putney Projects p. 43. and Major Huntingtons Relation in a Book called A Plea for King and Kingdome in Answer to the Army Remonst presented Novemb. 20. 1648. pag. 14 15 16. and Second part of Englands New Chaines and the said Hunting of the Foxes c And the Reasons inducing Major Robert Huntington to lay down his Commission though since they Quarrel with Parliament and City for using them and Reducers of his Queen and Children without which they openly profess and declare positively in many printed Papers to the world and the Parliament There can be no setled peace nor happiness to this Nation The truth of this Assertion was obvious to the meanest Capacities and will suddenly be proved by dear and lamentable experience To all these undertakings they now hunt directly counter yet in pursuance of these undertakings the Army by their own Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtain from his Parliament They treated with him yea they wrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to prefer the Proposals of the Army and then presuming they had him fast lymed they propounded to him anew as I have it from good hands private Proposals from the Interest of the Independent Grandees and the Army derogatory to the Kingly Power and Dignity to the Lawes Liberties and Properties of the Subject and destructive to Religion To which his Majesty giving an utter denial they began to entertain new Designs against the Kings Person and Kingly Government which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties to obtrude upon the Houses clamourous Petitions against further Treaties and demanding exemplary Justice against the King exceedingly laboured by Cromwel himself in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Dâ—cemb 11. 1648. was the most eminent these men that insolently petitioned against the fundamental Government of the Land and peace by Accommodation were entertained with Thanks Others that petitioned for Peace by Accommodation were entertained with Frowns disfranchisings sequestrations wounds and death as the Surrey Gentlemen this shewed with how little reality the over-ruling party in the Houses Treated with the King 2. part of Englands Chains discovered 1. â—reaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of Wight 2. The Parliament that is the predominant Party pursued him thither with offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he pass 4. Dethroning Bils of so high a nature that he had enslaved the People subverted Parliaments and had made himself but the Statue of a King and no good Christian had he by his Royal assent passed them into Acts of Parliament 1. par Hist Inâ— sect 62 63 64. and the Parliamâ—nt or rather the Grandees after his Royal assent might have made themselves Masters of all the other Propositions without his Consent so that this Treaty was but a flourish to dazle the eyes of the world His Majesty therefore denied the 4. said Bils and thereby preserved the legal Interests of King Parliament and People yet the Faction presently took a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 67 68 69 70 71. 72 74. 75. And my said Animadvers p. 10. And the 2 part of Englands new Ch. by passing 4. Votes for no more Addresses to him and a Declaration against him which were not passed without many threats and more shew of force than stood with the nature of a Free Parliament the Army lying near the Town to back their Party the design having been laid before-hand between Sir Henry Vane Junior Sir John Evelyn of Wilts Nath. Fiennes Solicitor Saint Johns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators That there could be no peace nor happiness in England 2 part of Englands new Ch. discovered p. 4 5. without restoring the King to his just Rights and Prerogatives c. notwithstanding which the people now found their hopes that way deluded by the Army and their Party who had cast off the King upon private discontents the true grounds whereof did not appear and had obstructed all way s to Peace and Accommodation and made them dangerous and destructive to such as travelled peaceably in them witness the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of power and profit The minds of the people therefore troubled with apprehension that our old Lawes and laudable form of Government should be subverted and new obtruded by the power of the Sword suitable to the power and lust of these ambitious covetous men and finding besides evident symptomes of a new War approaching to consume that small Remainder which the last Wars had left grew so impotient of what they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martial Law Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the will and pleasure of ths Grandees instead of our setled and well approved Laws that despair thrust them headlong into Arms in Wales Kent Essex Pontefract c. and at the same time a cloud arising in Ireland a storm powred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave way to a second mock-Treaty in the Isle of Wight 2. Treaty in the Isle of Wight which was the fruit of their cowardise and subtilty as appeares by Sergeant Nicholas a Creature of theirs who upon Saturday Octob. 28. 1648. moved in the House That the Lord Goring might be proceeded against as a new Delinquent out of mercy because he had Cudgelled them into a Treaty though now they attribute all to the Kings corrupt Party in the two Houses the Army likewise kept a mock-Fast or day of Humiliation at Windsor to acknowledge their sins and implore Gods mercy for their former disobedience to the Parliament in not Disbanding and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City August 6. 1647. promising more obedience hereafter and to acquiesce in the judgment of the Parliament and Declared Decl. Jun. 14. 1647. That it was proper for them to act in their own sphere as Souldiers and leave State affairs to the Parliament but this was done but to recover
a Protestation might suddenly be drawn up and every Member to set his hand to it in detestation of those repealed Votes A Committee was appointed accordingly The 14 Decemb. the said new-found Shiboleth was brought in by Gourdon which caused divers that were not yet mad enough for Bedlam to forbear the House or rather Conventicle Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the Countie-Militias of the Kingdome 30. The Militia of the Counties new setled in Independent hands because there were some Presbyterians in it not well-affected to the Army and in that new sense Malignants And ordered that a new Ordinance with a List of new Names of Saints Militant sounding like a Jewish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and now must keep our Swords too and then Stand and deliver will be the only Law of the Land About this time Major General Brown one of the Sheriffs of London was fetched out of the City by a Party of Horse 31. Sheriff Brown carried away out of the City Prisoner to S. James's and carried before the mechanick Councel of War at Whitehall although a Member of Parliamâ—nt and consequently one of their Masters where he told them He knew they had nothing to charge him withall but his honest endeavours to preserve His Majesty and His Posterity together with the Parliament City and Kingdome with the Laws and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler was so sawâ—y as to tell him He was too peremptory at last they committed him Prisoner to S. James's And that he might not want company 32. Sir Will. Waller c. removed to S. James's they sent a Warrant to Capt. Lawrence Marshal General to remove Sir Will. Waller Sir John Clotworthy Major Gen. Massey and Commissary General Copley from the Kings Head to him The Marshal shewing them the Warrant 33. They protest against the Generals Authority they protested against the Authority and offered the Protest to the Marshal in writing desiring him to shew it to the General which he refusing to receive Sir Will. Waller desired all the company to witness what Protestation they did make in behalf of themselves and all the Free-born people of England against the violent and illegal encroachments of the General and Councel of War against the Laws and Liberties and read it aloud as followeth A Declaration of the taking away of Sir Will. Waller Sir John Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings Head in the Strand to S. James's Together with their Protestation read at their removal With a Copie of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshal Laurence came and acquainted Sir William Waller Sir John Clotworthy Maj. Gen. Massey and M. Lionel Copley Members of the House of Commons That he had Orders from the Lord General and Councel of the Army to remove them from the other Prisoners to S. James's They replied to him That they desired to see his Orders The Marshal answered They were onely verbal but the Gentlemen insisting to see a Warrant for their remove the Marshal went to the General and from him about six a clock brought an Order a true Copie of which follows Viz. YOu are upon sight hereof to remove Sir Will. Waller Sir John Clotworthy Major General Massey and Colonel Copley from the Kings Head Inne where they are now in Custody to S. James's And for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. T. Fairfax To Marshal General Lawrence This Order being shewed unto the foresaid Gentlemen Sir Will. Waller produced a Paper desiring that the same might be presented to the General which Marshal Lawrence refused to receive Upon which the said Sir William Waller and the other three Gentlemen desired the said Marshal and all the Gentlemen there present to attend and witness to that Protestation which they did there make in behalf of themselves and all the Commons and Free-born Subjects of England so with a distinct and audible voice read their Protestation as followeth VVE whose Names are hereunto subscribed being Members of the House of Commons and Freemen of England do hereby declare and protest before God Angels and Men That the General and Officers of the Armie being raised by the Authoritie of Parliament and for defence and maintenance of the priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure detein imprison or remove our persons from place to place by any colour or Authoritie whatsoever nor yet to question or try us or any of us by Martial Law or otherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removal of our persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamental Laws of the Land and a higher usurpation and exercise of an Arbitrary and unlawfull power then hath been heretofore pretended to or attempted by this or any King or other power whatsoever within this Realme notwithstanding which We and every of us do Declare our readinesse to submit our selves to the Legall triall of a Free Parliament for any crime or misdemeanour that can or shall be objected against us At the Kings-head in the Strand In witnesse whereof we have hereto subscribed our Names the 12. of December 1648. William Waller Edward Massey John Clotworthy Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members dischaâ—ged Sir Simon Dewes Members secured were set at liberty without any engagement although at first it was demanded they should engage not to attempt any thing against the present actings of this Parliament and Army which they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered was delivered into the world a monstrous Beggers Brat called The Agreement of the People It is very judiciously Answered by Mr. William Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. wherof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction without any colour of Law or Right should agree together to take away finally the present Government by King Lords and Commons which the Kings Party heretofore charged upon the Parliament as their Designe for which they fought whereupon the Parliament to vindicate themselves published many Declarations and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes away the legall right from Burroughs to chuse members of Parliament this admitted they may as well conspire to take away any Law or any mans Life or Estate by which rule
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
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
fancy for their owne vindication and the Commons must Father the Bastard and set the stamp of their Authority and priviledge upon it least any man should confute it and beat back the Authors lies into their throats But this is no new invention for formerly when the Councel of Officers set forth their Answer to the House of Commons Demands concerning their secured Members Ireton penned this scandalous Answer of the said Officers Cromwell and Ireton caused their Journey-men of that Conventicle to Vote That the House did approve the matter of the said Answer therby owning all the grosse lies therin contained to deterre the imprisoned Members from replying to it and so by a tacite confession to acknowledge themselves guilty About this time appeared out of the East a New Light in our Horizon 156. The Turkish Alchoran taught to speak English the Alchoran of Mahomet Predecessor to Cromwell and of Sergius forerunner of Hugh Peters naturalized and turned English Now the Jewes Professed Enemies to Christ which Mahomet is not are accepted of it is beleived that their Thalmude and Caball will shortly be made English too that this Island may be rendred a compleat Pantheon a Temple and Oracle for all Gods and all Religions our light-headed innovating People being like Reeds as apt to be shaken by and bend unto every wind every breath of pretended Inspiration as the antient Arabians were May 1. 1649. The frighted Conventicle of Commons considered of an Act forsooth to fortifie themselves and their usurpations with a Scar-crow of new-declared Treasons 157. New-declared Treasons to defend tyranny and usurpation and ensnare the People to the purpose following 1. If any man shall malitiously this is a word of qualification a back-door to let out such as they shall think fit Affirme the present Government to be tyrannical usurped or unlawfull or that the Commons in Parliament are not the supreme Authority of the Nation or endeavour to alter the present Government 2. If any affirme the Councel of State or Parliament to be Tyrannicall or unlawfull or endeavour to subvert them or stirre up sedition against them For Souldiers of the Army to contrive the death of the Generall or Lieutenant Generall or endeavour to raise mutinies in the Army Quere whether Cromwell be Lieutenant Generall or no or to leavy Warre against the Parliament to joyne with any to invade England or Ireland counterfeit the Great Seale kill any Member of Parliament or Judge or Minister of Justice in their duty All these several cases to be Declared Treason You see the terrors of Caine pursue these guilty Cowards This Fools Bolt is chiefly aymed at the honest Levellers this Junto of Commons have made themselves legall Traytors already and would now make all the Kingdome legislative Traytors but I hope none of those that arrogate the Reverend Title of Judges of the Law although against Law will be so lawlesse as to give Sentence of Death upon any such illegal Act of the House of Commons nay this very Act denounceth slavery and bondage to the Nation and therefore is an Act of the highest tyranny and a snare 158. The Levellers Randezvouz in Oxfordshire May 6. 1649. The honest Levellers of the Army for that is the Nick-name which Cromwell falsly and unchristianly hath christned them withal Enemies to Arbitrary Government tyranny and oppression whether they finde it in the Government of one or many whether in a Councel of Officers a Councel of State or a fag end of a House of Commons whether it vaile it selfe with the Title of a Supreme Authority or a Legislative power drew together to a Randezvouz about Banbury in Oxfordshire to the number of 4000 or 5000. others resorting to them dayly from other parts This gave an Alarme to our Grandees fearing the downfall of their domination Cromwell not knowing what Party to draw out against them that would be stedfast to him shunned the danger and put his property the General upon it to oppose the Randezvouz and looking as wan as the guilles of a sick Turkey-cock marched forth himself Westward to intercept such as drew to the Randezvouz In the meane time the said Levellers printed and published this ensuing Paper entituled Englands Standard advanced or A Declaration from Mr. Will. Thompson and the oppressed People of this Nation now under his conduct in Oxfordshire Dated at their Randezvouz May 6. 1649. WHereas it is notorious to the whole world that neither the Faith of the Parliament nor yet the Faith of the Army formerly made to the people of this Nation in behalf of their Common Right Freedom and Safety hath bin at all observed or made good but both absolutely declined and broken and the people only served with bare words and faire promising Papers and left utterly destitute of all help or delivery And that this hath principally been by the prevalency and treachery of some eminent persons now domineering over the people is most evident The Solemn Engagement of the Army at New-market and Triploe-heaths by them destroyed the Councel of Agitators dissolved the blood of Warr shed in time of Peace Petitioners for Common Freedom suppressed by force of Arms and Petitioners abused and terrified the lawful Trial by 12. sworn men of the Neighbourhood subverted and denied bloody and tyrannical Courts called an High Court of Justice and a Council of State erected the power of the Sword advanced and set in the Seat of the Magistrates the Civil Lawes stopt and subverted and the Military Introduced even to the hostile seizure imprisonment triall sentence and execution of death upon divers of the Free people of this Nation leaving no visible Authority devolving all into a Factious Juncto and Councel of State usurping and assuming the name stamp and authority of Parliament to oppresse torment and vex the People whereby all the lives liberties and estates are all subdued to the Wills of those Men no Law no Justice no Right or Freedome no Case of Grievances no removal of unjust barbarous Taxes no regard to the cries and groans of the poore to be had while utter beggery and famine like a mighty terrent hath broken in upon us and already seized upon several parts of the Nation Wherefore through an inavoidable necessity no other meanes left under Heaven we are enforced to betake our selves to the Law of Nature to defend and preserve our selves and Native Rights and therefore are resolved as one Man even to the hazard and expence of our Lives and Fortunes to endeavour the Redemption of the Magistracy of England from under the force of the Sword to vindicate the Petition of Right to set the unjustly imprisoned free to relieve the poore and settle this Common-wealth upon the grounds of Common Right Freedome and Safety Be it therefore known to all the free people of England and to the whole world that chusing rather to die for Freedome then live as Slaves We are gathered and associated together
England although I dare say at least five hundred to one if they were free from the terrour of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Power of the Nation under them This was purposely so contrived to ingage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publick disclamour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegal Common Councel newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designs and intangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrews Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharisaical House of Commons voted an Act June 1. 171. A Thanks-giving Dinner in the City for the General c. for a day of Thanks-giving to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councel of State the General and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for the Relief of Ireland to ingage the City farther to them Cromwel had the Chair in that Committee the device was that the Common Councel should invite the Parliament Councel of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the Thanks-giving white-broth and custard had been bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast down with another for the glory of his own Name and that he might have occasion to purge the Army as he had done the Parliament of all free-born humours 172. The Councel of State sit in pomp at White-hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councel of State sit in as much state and splendour with their Rooms as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majeâ—ty were but Mâ—chanicks Gold-smiths Brewers Weavers Clothiers Brewers Clerks c. whom scornful Fortune in a spiteful merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turn them into the Tyring Room out of their borrowed cases and shew us that our Lions are but her Asses The Kings poor Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the Kings Goods to pay their Debts they poor Souls are left to starve while these Saints Triumphant revel in their Masters Goods and Houses 173. A general survey to be taken of the whole Kingdome that every mans Estate both real and personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans estate real and personal wherein good progress hath been made already the like is to go forth throughout the Kingdome That our forty mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Nation may take an exact survey in imitation of William the Conquerors Book of Survey called Domes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of June 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to inable Committees to give Oaths in some cases and yet the House of Commons never had nor pretended to have power to give Oathes themselves though every Court of Py-p wders hath because the House of Commons is no Court of Judicature but only the Grand Inquest of the Kingdome to present to the King the grievance and the necessities of the People by way of humble Petition as appears by the Law-books and Statutes and therefore the Commons can grant no more than they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintain it they and we must be what they please yet I must affirm that to take illegal Oaths is never justifiable before God nor Man and no less than damnable But it may be that by accustoming the People to take these new-imposed illegal Oaths they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their own Damnation together hereafter All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saint-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would finde money enough The like attempt onely in the Kings time was cried out upon as a high piece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glass of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and down like our own Ghosts who having lived under the Monarchy of Good King CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. June 176. The aforesaid Thanksgiving solemnized 1649. the Thanks-giving spoken of Sect. 172. was solemnized in the City The Lord Mayor meeting the Speaker resigned to him as formerly was used to the King the Sword of State as had been ordered by the House the day before and received it again from
Lawyers in the Councel of State to do any thing effectual that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchical tyranny and lesse agreeing with Monarchy 4. That they will consider what Lawes are fit to be repealed That is all Lawes enjoyning uniformity in Gods Worship all Monarchical Lawes and all Lawes allowing more civil Liberty and Priviledges to the People and to several Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Dean and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoiled for sale of Dean and Chapters Lands wherefore the Saints being the onely monied men left in the Kingdome have now agreed to buy them themselves considering that since they hold their Heads and all that they have in Capite of their Lords Paramount the Councel of Officers they may as well buy dog-cheap and hold Deanes Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arrears at 5 s. and 6 s. in the pound though they are allowed the whole summ of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it down from ten years purchase to two or three years purchase They are not seen in the business themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humpâ—rey Edwards and Sir Greg. Norton who hath sold his own Land to purchase new upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remediless Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The General hath ordered the next Officer in chief to cause double damages to be given by the Souldier and if the said Officer neglect he is to answer it at a Councel of War at the Head Quarters This remedy is worse than the disease and as meer a gullery as the Act for taking off Free quarter The chief Officer will laugh at the Complainant the Head Quarters are far off and the Councel of War will tire him with delays and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earl of Denbigh and Henry Martin referred to Committees The Earl of Denbigh referred to the Committee of the Revenue to consider the Arreares of his Embassie in Italy and of his 1000. Marks per ann pension bestowed upon him by the late King If his deserts had been better his Reward had been worse and worse paid Also Henry Martins Losses and Arreares referred to the consideration of a Committee If the Committee would know what Harry hath lost they must examine his Barber-Surgeon Rowland Wilsons Arrears and Losses and the L. Gray's Charges and Arreares to be considered and reported you see charity begins at home and the Members exercise it for the most part in their own House 194. The Councel of State authorized to grant Letters of Marque June 25. An Act passed to enable the Councel of State with absolute power to grant special and particular Letters of Marque or Reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councel of State to make War at Sea with all Princes and States at their discretion they have already so far decayed all the Trade of this Nation that ere long Traffique will be totally destroyed whereby our Sea-men with their Ships will be necessitated for want of employment to revolt to the PRINCE to prevent which inconvenience they will find work for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will amount to a General practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyratical War upon England as against a Den of Theeves and Robbers Common Enemies to Traffick and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatick Pyrats Captain Younge hath blown up with Gun-powder a Ship of the Princes called the Antilope 195. Cap. Yongue's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under the protection of the States of Holland whereby the Chamber of Holland and the honour of their Inland Sea is ravished from them By this and by some former actions of the like insolency as the firing upon their Ships and killing their men for not striking Sail to them you may see what good Neighbourhood the Dutch are like to have of their younger brother State when they are once setled and confirmed in their yet infant Government even the very same which the Carthaginians found after the new erected Commonwealth of Rome grew up to maturity which proved so dangerous a Competitor in point of power profit and honour as buried the more antient Free-State of Carthage in its Ruines Free-states especially Aristocracies are very quarrelsome with their Neighbours and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars and therefore seek occasions of quarrel with their Neighbours such was the whole Family of the Barchines at Carthage the Scipio's Fabii Camilli Crassi Pompeii Casares and many more at Rome Thus was Greece torn in pieces by its Free-states The Commons have bestowed St. Crosses Hospital upon Cooke for acting the part of an Attorney General against the late King It is fit every Judas should have his reward 196. More Gifts to the Godly the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner that the new-packed Court of Aldermen and Common-councel may not want Venyson to fill their Wives Bellies nor they Brow Antlers to hang their Hats on 197. Order 9. June 1649. referring all secured and secluded Members to be examined before a Committee The 9. June the Commons about 46 in number had passed an Order concerning their secured secluded and absented Members and referred all such as had not already entred their dissent to the Vote 5. Decem. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of June instant or else the House would take order for New Elections This was to bring the said Members 300 in number at least to the winnowing that they might admit such as were for their turn to recruit their thin House and expel the rest few repaired to them and of those very few were chosen the Speakers Son Sir John Treavor who hath a Monopoly of 1500 l. per
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the blood of above 100000 Protestants who perished in that War Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their estates and grant them away to such as should advance Monies upon Irish Adventures Touching the War kindled in England the Author confesseth it was a fatal thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until Hotham shut the Gates of Hull against the King attended onely with some few of his houshold servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellors under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedome of Trade from Town to Town A cessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aim was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Chief pawn'd their Souls to Him thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crown and every thing that was personal to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm in a free and full Parliament See Magna Charta 29 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21 Edw. 3. Rot. Parl. nu 16. 25 Edw. 3. c. 8. 36 Edw. 3 Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock in his 2 Instit pag. 59. 60 527 528 529 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actually dissolved above two months before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
That the House is content the farther consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monck and the Play was done wherein take notice of these following Observations 1. The Armies Doctrine See the Answer of the Councel of Officers to the Parliaments Demand concerning their secured Members And their Answer thereunto and use of apprehended necessity and good intentions to justifie evil actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks ago publickly known in England and divulged in their own Licensed News-books was never scrupled until now That 1. the said Agreement was expired 2. That O Neale was so beaten by the Lord Inchiquine that he is as their own News-books say inconsiderable and must suddenly joyn with the Marquesse of Ormond or be destroyed 3. That these Votes call this * Let me not seem over-bold in maintaining a different opinion since Parliaments are no more infallible than Popes and all humane opinions are equal unless Reason make the difference I hope we have not lost our Reason with our Lawes and Liberties nor the exercise and use of it Agreement but a Treaty and Cessatiâ—n of Arms which I affirm to be a League Defensive and Offensive against Ormond Inchiquine and all that do and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith That upon all occasions both Parties be ready with their Forces to assist one another until a more absolute Agreement be made and condiscended unto by the Parliament of England This is beyond a Cessation 2. Article third saith That the Creaghts of Ulster residing within the Quarters of Col. Monck shall pay Contribution to General Owen Oneale This is a Concession of a great latitude far beyond the authority of any subordinate Commander or General and against the Lawes and Liberties of the Land to grant Taxes It should seem by this that Oneale and his Army were become Mercenaries taken into pay by Monck 3. Article fourth saith That if General Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond the Lord Inchiquine or any other Enemies of the Parliament of England and thereby spâ—nd his Ammunition if he be near unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchequine Besieged Dundalke I make the same interpretation of this Article that I have made of the third 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Moncks liberty which likewise is too much fot a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a War against Owen Roe and the rest in Arms in that Kingdom should dare to Treat and conclude an Agreement and conjunction with that very Enemy he had Commission to fight against without the knowledge and directions publique or private of those from or under whom he hath his Authority and should be so bold when he had done to come over and justifie his said doings notwithstanding they proved unprosperous Col. Monck being so much a Souldier as to know That all the world over to exceed the bounds of his Commission much more to act against his Commission as in this case is assured death without mercy both by the Law Martial without which Military Discipline will perish and by the Lawes of hur Land See the said Letter printed at the latter end of a Relation of the securing and secluding of the Members by the Army 5. Wherefore was Sir John Winter and Sir Kenelm Digby sent for over as was foretold by an intercepted Letter whereof of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neal privately entertained in England as I have formerly hinted but to drive on Treaties and Associations of this nature insomuch that long since it was whispered amongst Cromwels party in England to uphold their spirits That upon his shewing himself in Arms in Ireland Ormonds Catholick Irish party would all forsake him and go over to O Neal who maintained the Popes Interest in that Kingdome Nota. The aforesaid paper prinred by Authority and stiled The true State of the Transactions c. besides the said Articles of Cessation setteth down other Articles called The Propositions of General Owen O Neale the Lords Gentry and Commons of the confederate Catholicks of VLSTER To the most High and most Honourable The PARLIAMENT of ENGLAND 1. INprimis That such as are already joyned or shall within the space of three Months joyn with General Owen O Neale Within the space of three Months is not in the said Copy printed at Cork in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Laws and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said parties their Heirs and Successors for ever while they Loyally serve the Parliament of England 2. The said General O Neale desireth an Act of Oblivion to be passed to extend to all and every of his party for all things done since the beginning of the Year 1641. 3. They desire that General Owen O Neal be provided with a competent Command in the Army befitting his worth and quality 4. They desire that they may enjoy all the Lands that were or ought to be in their or their Ancestors possession 5. That all incapacity inability and distrust hitherto by Act of State or otherwise against the said party be taken off 6. That on both sides all jealousies hate and aversion be laid aside Vnity Love and Amity be renewed and practised between both parties 7. That General Owen O Neale may be restored and put in possession of his Ancestors Estates or some Estates equivalent to it in the Counties of Tyrone Ardmarch or Londondery in regard of his merit and the good service that he shall perform in the Parliament of Englands Service in the preservation of their Interest in this Kingdome 8. That the Army belonging to General Owen O Neale and his party be provided for in all points as the rest of the Army shall be 9. That the said party be provided with and possessed of a convenient Sea-port in the Province of Ulster I do upon receiving a confirmation of these Propositions forthwith undertake and promise in behalf of my self and the whole party under my Command faithfully and firmly adhere to the State of the Parliament of England in this Kingdome and maintain their Interest hereafter with the hazard of our lives and fortunes In witness whereof I have hereunto put my Hand and Seal this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus far the said paper stiled The true State c.
Projector Holland the Linkeboy John Trencharde that packed a Committee in which he was a Member and voted to himself 2000 l. Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me See the Additionall Pâ—stscript at the Latter end of this Book 2. An Enditement must certainly allege the Offence committed in respect of the Matter Time Place Persons and other Circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of Time Place and Persons being the assured Testimony of all Humane Actions This Lawless Court leaves him in a vast Sea of Troubles without Pole-star card or compass to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a false-hearted Pilot to him These Judges not being of Counsel with the Prisoner as our Legall Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious Cooks 3. Instit p. 29. But the whole Proceedings of this Court their Meeting and sitting being erroneous here is no room left for Admonition To take away their errours is to take away Court 4. Cooks 2. Instit pag. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Laws of England not upon the votes of the House of Commons and to contain this Clause in them To do what is just according to the Laws and Customs of England not to execute the severall powers given them by the Act. 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII c. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of 12 men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any Person or Persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of People were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a New Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I hear such an other Offfce will be erected when the Novelty of this wonderfull High Court is lessened and the yoke thereof throughly setled upon the Peoples Necks Yet observe the said Act. 11. Hen. VII c. 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had been pursued against many of the Kings subjects to their great dammage and wrongfull vexation The ill successe hereof saith Cook and the fearfull end of these two Oppressors who were Endited and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and Free Parliament Cooks 3. Instit p. 208. Should admonish Parliaments That instead of this Ordinary and precious Triall by the Law of the Land they bring not in Absolute and Partiall Trialls by Discretion And in his 4. Instit page 41. Cook saith Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertain and crooked cord of Discretion for it is not almost Credible to foresee when any Maxime or Fundamentall Law of the Land is altered what dangerous inconveniences will follow as appeares by this unjust and strange Act 11. Henry VII chap. 3. 5. This Parliament alwaies declared they bore Arms against the King in Defence of the Laws Liberties and Properties of the People This way ran the whole current of their Declarations And they alwaies reckoned Magna Charta the Petition of Right and Trialls by Juries the Chief and most Fundamentall of all our Laws See their 1. Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgements against mens Estates without Trials by Juries Much aggravated by Master St. Iohns in his aforesaid Argument against Strafford And for the better preservation of Legall Trialls by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earl should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9. Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the fundamental Laws of the land for preservation of the lives liberties and properties of the people with all things incident thereto Now to erect an arbitrary lawless high Court to give judgment against mens lives and estates and attain their bloods without Enditement found by a grand Jury and a trial by a Jury of twelve sworn men vicineto is a far fouler breach of trust in them against their Sovereign Lords the People than all they charged the King withall and a far higher act of tyranny and injustice than either the late King or Empson and Dudley or Strafford were accused of But if they alledg They do not put down Juries in general but only in some particular mens cases and upon necessity I answer That we are all born Freemen of England alike That our ancient known Laws Laws Courts and trials by Juries are our inheritance equal alike to all And one party or part of the people ought not to be disherited disfranchised or forejudged no more than another No man can be said guilty of any crime until he be legally convicted and sentenced the Law must first go upon him and condemn him Ubilex non distinguit non est distinguendum If we do not live all under one Law and form of Justice we are not all of one Commonwealth See the aforementioned Gentlemans Argument against the special Commission of the Court of York For Necessity our present power is under none but the fears and terrors of their own guilty consciences No apparence nor probability of any enemy by their own confession nor can they plead in their excuse a necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerful and dangerous persons as could not safely be called to account by the Law so dyed Joab Adonijah c. for which the rule is Neminem adeo eminere
Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be out-lawed or exiled or any other ways destroyed Nor we shall not pass upon him but by a lawful Iudgment of his Peers or by the Law of the Land 2. We shall sell to no man nor deferr to any man Iustice or Right By the Stat. 42. Ed. III chap III. The Great Charter is commanded to be kept in all points and it is enacted That if any Stat. be made to the contrary That shall be holden for none By the Act 26 March 1650. entituled An Act for establishing An High Court of Iustice Power is given to this Court To Try Condemn and cause execution of death to be done upon the Freemen of England according as the Major number of any 12. of the Members thereof shall judge to appertain to Justice And therupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Justice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap of Magna Charta it had bin also enacted That Iustice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3. Car. upon premising That contrary to the Great Charter Trials and Executions had bin had and done against the Subjects by Commissions Martial c. it was therby prayed and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent hereupon Humbly observeth and affirmeth That this Court is though under a dâ—fferent stile in nature and in the Proceedings therby directed the same with a Commission Martial The Freemen thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courts of Commissioners Martiall was practised and was agreeable to their constitution And consequently against the Petition of Right in which he and all the Freemen of England if it be granted there be any such hath and have Right and Interest he humbly claimes his right accordingly By the Declarations of this Parliament Dec. and Jan. 17. 1641. The benefit of the Laws and the ordinary course of Justice are the Subjects Birthright By the Declaration 12. July 6. 1. Octob. 1642. The Prosecution of the Laws and due administration of Iustice are owned to be the justifying cause of the War and the end of the Parliaments affaires managed by their Swords and Counsels and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Justice in the ordinary Courts By the Ordinance or Votes of Non-addresses Jan. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Iustice in the ordinary Courts thereof * * Th y forget the 2. Declarations 9. Febr. 17. March 1648. And therfore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the publique Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by vertue of Magna Charta The Petition of Right and the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Justice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shall be Necessary In all humblenesse for the present Answer offereth to this Honourable Court. That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in case of Treason For that 1. The said Court is not constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon the Record and but upon Record cannot at all have that account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought until Acquital against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by Presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 49. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darlâ—is Case 4. Rep. 43. EliZ. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. IV. chap. 1. Diers Reports fol. 121. The year book of Eâ—â— IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are therby punishable the injured and betrayed not vindicable Which are defects incompatible with a Court of Iustice and inconsistent with Iustice it self and the honor of a Christian Nation and Common wealth 2. The Members of this Court are by the said Act directed to be sworn 1. Not in conspectu populi For the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and
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
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
venit sed certa venit All their hypocriticall shewes cannot cheat God who raiseth up the Spirit of one among themselves to chastise the errours of their pride and vain glorious attempts for no sooner is that Infernall crew of Atheists met in their Committee but they are alarumed with a letter from General Monck out of Scotland wherein he gives them notice that both himself and some Officers of the Army in Scotland Monck dissatisfied with their proceedings were much dissatisfied in reference to the transactions of affairs in England at the same time receiving intelligence that he had seized severall strong holds secured diverse of his dissenting Officers and possessed himself of Barwick Seizeth Barwick which drove them for a time into a kind of Phanatick stupidity that they knew not which way to move in the management of their affairs but at last willing to preserve themselves they order the forces in the North into a posture and command Lambert with more Regiments out of the Southerly parts to joyn with them that so they might appear formidable at least at a distance and put a stay to the violence which they foresaw was approaching to them for the prevention of which storm Col. Cobbet is sent to General Monck with insinuating relations Lambert marcheth against him whom the Generall immediately upon his arrivall commits to custody thereby preserving his Army from the dangerous contrivances that Person brought along with him and depriving of the intelligence he might have carried to England back with him which being done by the power of his Commission as one of the seven he straight new models his Army according to his own mind and then declares his resolution to assert the authority of Parliament against all violence whatsoever Upon newes of this our safe Committeemen knowing the pulse of the late Juncto to beat after the mode of a free-state think they shall merit highly at the hands of the General if they promote that though they disown the Parliament he pretended to declare for and to that purpose having nominated severall Gallant fellowes of their own number Viz. Fleetwood Vane Ludlow Saloway Tichburn Lambert Desborow Hewsen Holland and others to consider of and prepare a form of Government to be setled over the three Nations Safe Committee for a free-state in the way of a Free-State and Common-wealth they send away Whalley Goffe Caryl and Barker to shew the same to General Monck and thereupon to mediate with him for avoiding the effusion of blood the Officers at London writing also to his Officers and expostulating with them touching the necessity of a brotherly union crying out of nothing but Liberty while the Nation groan'd under their oppression But Monck revolving with himself both the greatness difficulty and hazard of his design concludes not to be rash in a direct quarrel but rather by procrastinations to weaken the force of his enemies which he knew could not continue long without money and so to gain the victory without striking a blow therefore to amuse them and cast the more seeming gloss upon his action he orders Col. Talbot Monck desires a treaty and Dr. Clargies who were the first messengers sent to him to send Fleetwood word that himself and his Officers had nominated Col. Wilkes L. C. Cloberry and Major Knight to repair speedily to London and treat with the like number of Officers there for a firm unity and peace and the better to confirm it he sends another Letter from himself to the same purpose with promise that his forces should advance no further But the Committee of safety willing by strenth to hold what they had got and not knowing what to think of the Generall issue out many severall Commissions to raise forces throughout all England to anticipate him and to settle Militia's to be ready in a moment Militia setled as it were to resist him which he hearing and that Lambert was coming against him with thirteen thousand men he according to his before mentioned Letter forthwith sends his three appointed messengers for peace upon whose arrivall at Yorke in November and speech with Lambert he became so farr satisfied of their intentions towards an Accommodation that thereupon he gave order his forces should advance no further Northward in their march Things being brought now into this posture The treaty begun the Generalls three Commissioners arrive at London November the 12th where the Treaty is immediately begun which lulled the Committee of safety into such a security that they begin to think of shareing great Offices and places of trust and profit among themselves to this end appointing Fleetwood Desborow Sydenham Saloway Cornelius Holland Col. Clark Col. John Blackwell or any two of them to be Commissioners for the Treasury and to manage the affaris of the publick revenue with power as large as could be desired And would it not be well managed think you in the hands of such bankrupts but while these men mind their own wealth only the Treaty must not be forgotten which was now in hand and on a sudden brought to such an issue that it startled the City who had by Col. Alured and Collonel Markham received Letters from Scotland of another purport for at last the Commissioners on both sides agreed on these heads ensuing that is to say The articles of the Treaty That the pretended Title of CHARLES STUART or any other claiming from that family should be utterly renounced O horrid Treason first murder the Father and then abjure the Son That the Government of these Nations shall be by a free State or Common-wealth and not by a single person King or house of Lords What must the new settlement utterly abolish all the old fundamentall Laws of England at one breath Your Precipitation bodes your ruine That a Godly and learned Ministery shall be maintained and encouraged 'T is well the Generalls Men thought of it for you may be assured it is against the principle of Anabaptists and fifth-Monarchy Men That the Universities shall be reformed and countenanced so as that they may become Nurseries of Piety and Learning That the Officers and Souldiers and other persons on either side be indemnified for what is past touching their late difference and that all unkindness betwixt them be buried in perpetuall Oblivion pray take care of that but it may be supposed you shall be the furthest off when you think your self neerest That the Officers which were made prisoners in Scotland be forthwith set at liberty How will the Generall like that That the Armies be presently disposed into quarters and that there be a committee of nineteen whereof nine to make the Quorum who were to meet about qualifications for succeeding Parliaments This was the effect of part of the agreement which was sent away with all speed to Generall Monck upon knowledge whereof and by reason the conclusions of the said Treaty were so contrary to the Letters by them formerly
the Army which if he can keep up he hopes to give the Law to all and to produce that great Chymaera Liberty of Conscience not considering that the confusion and licentiousnesse of such a liberty will destroy it self Libertas Libertate perit The Presbyterians have three Pillars to support them 1. The City is their cheif foundation with which they keep a strict correspondency and daily communication of Counsels Upon this consideration they have lately put the Parliament Purse into the Cities Pocket as aforesaid setled and inlarged the City Militia Whereas all the Countries of England being more obnoxious to injuries than the City suffer much for want of setling their Militia the Parliament not trusting them with arms so much as for their own defence An evident sign there is a farther design than disbanding this Army And because the City Militia can onely keep in awe the adjacent South and East Counties of the Kingdom therefore to suppress the remoter parts and inforce them to obedience they keep up some in-land Garrisons and have the Scots and G. Poyntz supernumerary forces for the North. And in the West under colour for sending men for Ireland they keep upon free quarter and pay of the Country many supernumerary Regiments and Troops most Cavaliers at least five times as many as they really intend to transport These are always going but never gone like St. George always in his saddle never on his way Something ever is and shall be wanting untill Sir Thomas Fairfax's Army be disbanded and then it is thought the disguise will fall off and these supernumeraries shall appear a new modelled Army under Presbyterian Commanders you may be sure and such whose Consciences shal not befool their wits where any matter of gain appeareth if this be not their aym why did they not disband those lewd supernumeraries before last Winter since they might have raised as many men the spring following for half the charge their very free quarters cost and most of these swear they will not go for Ireland vowing they wil cut the throats of the Round-heads The Country is amazed fearing these Cavaliers are kept on free quarter by a Cavaleerish party for some Cavaleerish design Secondly why did they not rather divide Sir Thomas Fairfax Army into two parts one to go for Ireland the other to stay in England being already modelled excellently disciplined and having the visible marks of Gods favour upon their actions But to take a few for Ireland a few for England and leave a Coar in the middle to be plucked forth and disbanded was the way to discontent them and put them into mutiny and thereby necessitate the Parliament to disband them all and give an opportunity to them that seek it to new modell another Army out of the aforesaid Supernumeraries more pliable to the desires of the Presbyrerian Junto adde hereunto the causelesse exasperating speeches and aspersions cast upon most of the Army purposely as moderate men think to discontent them Thirdly If they have no intent to keep up an Army against the People why have they continued the Military charge for another year and inlarged it from 52000 l. to 60000 l. a moneth Thus the City In-land Garrisons Presbyters and Supernumerary forces new modelled are like to prove the three-stringed whip wherewith the Presbyterian Phaetons will drive the triumphant Chariot if they prevail to which may be added the Presbyters themselves who by overawing mens Consciences with their Doctrine will subdue and work mens minds like wax to receive any impression of bondage that tyranny and oppression can set before them as they do in Scotland the Clergy in all times and places have ever held with the mighty as the Jaccal hunts still with the Lion to partake of his prey The Clergy have ever had an itch to be medling with State affairs which shews how contemptible an opinion they have of their own Coat that they can find no contentment in it yet they would have the Laity to have a reverend opinion of it the Popish Clergy draw all Civil Affairs publick and private under their jurisdiction and cognisance quatenus there is peccatum in all humane actions the Presbyterians quatenus there is scandalum in all human actions what is the odds Peccatum is the Mother Scandalum the Daughter and both pretend they do this in ordine ad Deum but universal experience teacheth us how miserable that Commonwealth is where the corruption of a Church-man proves the generation of a States-man The premises considered I shall propound these ensuing Quaeries to those that are of better judgement than my self 1. Quaere Why the title and punishment of Malignants is translated from the Cavaliers Quaeres upon the premises who fought for regal Tyranny against the Parliament and laid upon those that fought against regal Tyranny for the Parliament is it not because those Cavaliers that have fought for one Tyranny will not be scrupulous to fight for another and such wel-affected as have opposed Tyranny in one kind will not admit of it in another why is it now accounted a note of Malignity and disaffection to endeavour the putting down of Arbitrary Government and re-establishing our Laws Liberties and Properties whereto the Parliament by their many Declarations and their National Covenant are bound lay this to heart and consider whether they have not changed these their first Principles and consequently whether they are not desirous to change their old friends who resolutely adhere to the said Principles 2. If the King grant the Propositions or if he deny them and the Praedominant Junto or both Junto's joyned together to drive on one Common interest for it is now thought they are upon an accommodation to keep up that lower Conjunctim which they despair to uphold divisim establish the military and civil power without him according to their desires and in order to their ayms Quaere whether the said leading men setled in their posture with their confident guards about them may not draw after them so many of their party as upon an implicite faith will follow them and lick up the crums of the publick spoiles under their tables expelling or disabling as aforesaid the disingaged Members and by this policy make themselves perpetual Dictators incorporating and ingrossing to themselves both the Consultive Directive Ministerial power of the Kingdom in all causes Civil and Military setting up an Oligarchy or popular Tyranny instead of a Regal as the thirty Tyrants of Aâ—hens did In order whereto they already declare 1. That an Ordinance of Parliament without the Kings royal assent is equal to an Act of Parliament 2. That an Ordinance is a above a Law by virtue of their legislative power upon which presuming in their Ordinance of Indempnity they have granted an appeal from the Judges of the Law to a Committee of Parliament see the Ordinance May 21. 1647. 3. That they are the irrevocable Trustees of the peoples Lives Liberties
manners with new principles Anglia Rediviva p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving his Majesty who was minded to cast himself upon the Army but such was their faithfulness in that point that conceiving it derogatory to the honour and power of Parliament for his Majesty to wave that highest Court and address himself to any others and therefore inconsistent with their trust and duty being servants of the State they certified the Parliament thereof and understanding it to be against their sense also they absolutely refused to be tampered with Oh how faithful then how perfidious and Cromwellized are they now let their frequent tampering with the King and His Party to the amazement of the Kingdom and the abusing of the King testifie Read Putney Projects written by a considerable Officer of the Army and a friend to Cromwel though not to his false practices 14. Their project to keep the Parliament in Wardship Having thus gotten the King the first and most visible legal authority of England into their possession their next design is to get the Parliament the second legal authority of England into their power 15. Purging the Houses again This could not be effected but by purging the two Houses of Presbyterian Members especially the most active and such as had laboured their disbanding that an Independent Parliament and Army might govern the Kingdom In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army 16. Accusing the 11. Members a general and confused Charge of High Treasons and other mis-demeanours against eleven Members for things done for the most part in the House and many of the principal such as the House had long before examined and acquitted them of and such as the whole Kingdom knows Cromwel and Ireton to be apparently guilty of as Trucking with the King c. One cheif Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to pass Here you see where the shooe wrings them This Charge was not subscribed by any informer that ingaged to make it good or else to suffer punishment and make the House and the parties accused reparations as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but especially by 31. H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be and they professed in the 2. 3. 4. Article of their Charge That they were dis-obliged and discouraged from any further engagement in the Parliament service or Irelands preservation And demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge before particulars produced and proofs made Yet the Army which had now learned only to acquiesce in their own prudence and justice insolently threatned to march up to Westminster against the Parliament 17. Threats to march up to London in case the said 11 Members were not suspended and courted the City of London to sit Newters 18. London solicited to fit Newters and let them work their will with the Parliament The 11. impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to do After this the Army sent in their particular Charge and libellously published it in print by their own Authority To which the 11. Members sent in and published their Answer Upon which there hath been no prosecution because they pretend first to settle the Kingdom bâ—t if they stay till these fellows have either authority will or skill to settle the Kingdom they shall not need to make ready for their tryal till Dooms-day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not only accusers but parties Witnesses and Judges and carrying the Rules of Court and Laws by which they judge in their Scabards And the Charge of Impeachment such as all men know mutatis mutandis are more suitable to Cromwells and Iretons actions than the accused Parties If the proceeding in the Kings name against the 5 Members mentioned in The exact Collection part 1. p. 38. were Voted A Trayterous design against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nichols having the Speakers Passe and leave of the House Colonel Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his own house 19. The first occasion of quarrel against the City Whilst these things were acting Cromwel finding he could not have his will upon the Parliament but that he must make the City of London who had denied the neutrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in 20. Courting and cheating the Country and all other interest to lull them a sleep till the Grandees had wrought their will upon the City and Houses was dangerous he therefore by many Printed Books and Papers spread all England over by his Agitators and by some Journey-men Priests whose Pulpits are the best Juglers boxes to deceive the simple Absolom-like wooeth them to make loud Complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace Restorers of our Laws Liberties and Properties Setlers of Religion Preservers of all just interests pretended to settle the King in his just Rights and Prerogatives to uphold the Privileges of Parliament 21. Petitions to the Army and for the Army establish Religion to reform and bring to account all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all devouring Excise and other Taxes to redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdom and Ireland both by Sea and Land into their Hands and Vote against all opposite Forces But they are now become the only Protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other
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
graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
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
survey his Actions but as if it were purposely done when the Commissioners came as far on their way as Bristol about a dozen renegado Officers of his Army met the Commissioners and turned them back again The said Officers posted up to the Parliament before the Commissioners and the 13 April were called in to the Commons Bar where they made a relation to the House to this purpose That the Lord Inchiquin having made an expedition into the County of Kerry upon his return sent for these Officers into his presence Chamber and told them He intended to declare against the Army and Independent party in England who kept the King and Parliament under a force that he would stand for the Liberty of the King and Parliament and a free Conference to settle Peace and that he expected all his Officers should joyn with him in so honourable an undertaking but should take an Oath of secrecy before he discover'd himself farther to them They Answered They could make no such Oath before they knew whether they might with a safe conscience keep it saying they would be true to the Parliament My Lord Inchiquin replied So have I and will be delude me not with ambiguous words do you mean this pretended Parliament telling them farther he had good correspondence with all the Presbyterians in Scotland and England as well in the Parliament as out of it that he doubted not to go through with his undertaking and if the worst hapned to make good conditions for himself and his party That he would make peace with my Lord Taff and that he knew the Independents in England were upon Treaty with Owen Roe Oneal who was a man of their humour and loved to keep all in combustion They refused to joyn he dismissed them for England The same day Letters from Capt. John Growthen Vice-Admiral of the Irish Seas from a shipboard were read in the House much to the same purpose though not so large wherein he said He had already blocked up all my Lord Inchiquin's Havens Presently Allen the Goldsmith moved 87. Allen the Gold-smith moveth to put the House to the touch by some Covenant Declaration c. That since the Lord Inchiquin had discovered that he had a correspondency with the Presbyterians in the House before they dealt with their Enemies without doors they should try who were their Enemies within doores by putting all men to some Covenant Engagement or Protestation c. And Lieutenant General Cromwell said That being to debate this business to morrow whosoever with crosse Arguments shall spin out the debate and so retard our prceedings by my consent shall be noted with a Black Coal to which was answered That this tended to take away freedom of debate which was the life of Parliaments and of all Councils and was destructive to the very being of Parliaments It is not amisse to insert here by way of digression what I formerly omitted Sir Henry Mildmay long since moved That 150 rich Guard Coats of the King might be sold for 800 l. to find Fire and Candle for the Souldiers in White-hall The question put The Speaker gave judgement the Yeas had it Mr. Edward Stephens declared the Noes had it They were unwilling to divide upon such a question but Mr. Stephens persisted and Robert Reynolds said aloud notice shall be taken of him for putting such a dishonour upon the House Upon the Division the Noes carried it by nine voices Thereupon complaint was made against Reynolds for attempting against the liberty of Voting but no redress But to return from my digression the next day 14 of April it was moved that my Lord Inchiquin's Son a Child of 8 or 9 years old going to School at Thistleworth might be secured in the Tower and kept for a Hostage To which was Answered That no man could take an Hostage without consent an Hostage must be given upon the publick faith upon some stipulation and must be so received by mutual agreement you cannot punish the child for the Fathers fault yet he was voted to the Tower and sent My Lord Inchinquin's Commission as President of Munster and General of the Army Voted void and no man to obey him himself Voted a Traitor yet no man examined upon Oath against him nor any man sent to take information of the businesse into Ireland and his professed enemy the Lord Lisle is to go General into Munster in his room and the said fugitive Officers all rewarded as if they had brought acceptable news This day Reynolds revived Allens motion for putting the Members to the Test by some Covenant Protestation or Declaration subscribed That this is a free Parliament and that they would live and die with this Parliament and Army To which was answered 1. That by Ordinance of both Houses all men were enjoyned to take the National Covenant This Covenant is the true Touch-stone of the Parliament and so agreed upon by the wisdom of both Nations yet many sit here who refuse to obey this Ordinance I know no reason therefore why any man should obey you in any other Ordinance of this Nature let us keep the old Covenant before we take any new 2. It hath been moved in the House that the Oathes of Justices of the Peace and Sheriffs might be taken away I hope you will not abolish legal Oathes and impose illegal Oathes This House hath not so much Authority as to administer an Oath much more to impose one you must allow to others that liberty of Conscience which you demand for your selves 3. Major Gray told you my Lord Inchiquin said he had correspondency with all the Presbyterians in the House who had made their peace with the King But my Lord Inchiquin told him farther the Independents were upon Treaty with Owen Roe and Oneal let them clear themselves of that imputation first before they give a purgation unto others otherwise what you do will savour of force 4. The true Touch-stone to try every mans integrity is to examine who have inriched themselves by the calamities of the times and your service and who are impoverished 5. This is a new device to purge the House The Grandees of the House have cantonized the Kingdom between them 88. The Counties compelled to give thanks to the Houses for their Votes against the King every man in his Division protecting the Country Committees and receiving tribute from them in recompence of their protection and Prideaux the Post master being King of the West Saxons his Vice-roy or Lord Deputy for the County of Somerset is that running Col. John Pyne who being often inspired with Sack rules the Committee and County by inspirations Pyne and his Peers of the Committee to please his superiours set on foot a draught of a Petition to be handed by the Country Giving thanks to the Parliament for the four Votes against the King and promising to live and die with the Parliament and Army and desiring the County might be freed from
Common-wealth to a Watch which they had taken in pieces and advised them to keep every piece and pin safe and put all in their right places again but now all the principal pieces are either broken or lost God grant them to number their houres better hereafter and to cloze well with our Master Work-man for though this Kingdom hath alwaies been Ruled by King Lords and Commons yet by the KING architectonicè and by the other Two organicè the King as the Architect the Lords and Commons as His Instruments each in his proper sphere of Activity without interfering and till this again come in use look for no peace The Independent Grandees of the Parliament and Army are much offended with the City and their adherents 107. The Armies Aspect upon the City and personal Treaty in Petitioning for a Personal Treaty with the King and give out That when they have done with Colchester they will humble the City and bring it to better obedience for which purpose they have already taken all the Block-houses upon the River East of the City Windsor-Castle West of the City and are now fortifying Gyddy-tall neer Rumford in Essex South from the City the like they intend at Hampton Court and to build a Fort upon the Isle of Dogs to keep under the Sea-men whereby possessing the principall ways and Avenues to the City they shall neither feed nor Trade but at the discretion of the Army In the mean time the Cities desires of a Personal Treaty are delayed and made frustrate by a tedious Conference between a Committee of Parliament and a Committee of Common-Council And Counter-Petitions against a Personal Treaty are sent about by Alderman Gybs Foukes Estwicke Wollaston Andrewes Nye the Independent Priest and others who hold rich Offices by favour of the Grandees to be subscribed even by Apprentice Boyes whereby it appears the Independents have no intent to make peace with the King but to engage in a new War thereby to contiune their Army and our Slavery The yearly Income they raise upon the people under colour of this War besides the Kings Revenue Sequestrations and Compositions amounts to three Millions sterling per annum being six times as much as ever the most greedy and burdensom of our Kings raised where our Stewards hide these our Talents publick Debts and Arrears being unpaid were worth finding out if any but the Devil could give an Account thereof But this is an unsoundable Gulf here my plumb-line faileth me 108. Major Gen. Skippon's complaint The 10. of July Major General Skippon complained in the House of Commons of a printed Paper called A Motive to all loyal Subjects to endeavour the preservation of his Majasties Person wherein he pretended he was falsly and scandalously slandered for speaking some words in the House to divert the Examination of Mr. Osborn's Charge against Rolf. The House that is the Independents were as diligent to become his Compurgators and vindicate his credit by passing and Printing 5. Votes for him as they had formerly been to ruine the KING'S Honour by passing a Declaration against Him This fellow Skippon was heretofore Waggoner in the Low-Countries to Sir Francis Vere after that came over into England a poor forlorn Commander and obtained of the King his Letters of Commendation to keep a kinde of Fencing School in the City Military yard and teach the Citizens the postures of the Pike and Musket and Train them where he wore the mask of Religion so handsomly that he soon insinuated into their favours and found them very bountifull Patrons to him there he got his fat belly and full purse from the City he became Major Generall to the new-modelled Army and observing some discontents arising between the City and Army and being willing to keep two strings to his bow that he might uphold his credit with the City he voluntarily submitted himself to some affronts purposely and politickly put upon him in the Army and yet that the Army might understand him to be their creature he marched with the Army in their Triumph through the City still carrying himself as a moderate reconciling man and sweetning the insolencies of the Army by making milde and fair interpretations of their Actions yet still so much magnified the power of the Army as if he would perswade the City they were beholding to the Army for making no worse use of their strength against them Thus as many other moderate prudential men do he lay a good while undescried in the bosome of the City and there as a Spie and Intelligencer kept Centry for the Army untill such time as the City petitioning the Commons for restoring of their own Militia to them again the Council of the Army to mock them with an uneffectuall Militia by their engaged party in the House and the Committee of Derby-house of which Cabal Skippon is one caused their confiding man Skippon not only to be named of the Committee of the Militia although no Citizen but to be obtruded upon the City as their Major General Commander in Chief of all their Forces without whom nothing is to be acted This being resented and opposed as contrary to the Cities Charter and Liberties Skippon found he was discovered and then taking advantage of the Earle of Holland's going forth into Arms upon a Report from the Committee of Derby-house the Commons ordered that a Party of Horse should be raised and listed under Skippon Skippon by vertue of this Order granted Commissions to divers schismaticall Apprentices to raise men underhand and authorized the said Commissioned Apprentices to grant Sub-commmissions again to other Apprentices under them for the like purpose This was pretended to prevent Tumults and Insurrections but indeed it was to joyne with the Independent party of the City and the army when they have done their work at Colchester in purging the Presbyterians out of the Common-Council and Parliament in reference whereto the Army have resolved not to march Northwards against the Scots untill they have brought this City to more absolute obedience or laid it in the dust according to Cromwel's advice as a preparative to which design the prevailing party in the House Yet they knew they came in by Authority of the Parl. of Scotland July 15. hand over head Voted All such Scots as are come into England in hostile manner without consent of both Houses of Parliament of England Enemies to the State and all such English as do or shall adhere to aid or assist them Traitors and the next day following Weaver oâ—enly in the House affirmed that the Scotish design of D. Hamilton the Colchester design and that of the Earl of Holland were all begun and carried on in the City of London to which Ven the two Ashes Harvy Scot Miles Corbet Blackstone Sir Peter Wentworth and others gave applause loe here a foundation laid for a new Charge against the City when the Army are at leasure to make use of it This Hypocrite
Scotland directed to the Assembly of the Kirk of Scotland setting forth what the Parliament had done in way of setling peace reforming the Church and Universities and maintaining the Covenant and union between the two Nations and complaining of Duke Hamilton's Invading England under the Authority of the Parliament of Scotland to the Kirk there How dangerous this president may prove to both Kingdoms to make a few ambitious paedantical Church-men supreme Judges over Parliament and State affairs in ordine ad Deum and how apt they are to lay hold upon such occasions and kindle their zeal into a consuming flame I leave to all wise men to judge 122. A Declaration and 2. Letters from the Prince to the City The Commons Debate upon them Thursday 3. August The Sheriffs of London and some of the Common Council brought to the House the Copies of two Letters they had received from the PRINCE one directed to the Common Council expressing his Highnesse good affection to Peace and to the whole City and his endeavours to vindicate his Fathers Liberty and just Prerogative and Rights to restore to the People their Laws Liberties and Property to free them from that bondage under which they were now held like a Conquered Nation to ease them of Excise and Taxes to settle Religion according to his Fathers Agreement made with the Scots and to reduce all things into their antient and proper Chanel This Letter was accompanied with his Declaration to the same purpose The other was to the Merchant Adventurers Informing them he had made stay of 3. of their ships but without any intent to make prize of them desiring to borrow 20000 l. of them to be repayed out of the Customes and requiring their speedy answer To which Col. Harvy first aggravating many faults in the King's Government according to the scandalous Declaration against him said The Prince was his Fathers own Son as like him as could be That he had invited the Scots to come in and declared for them and had been formerly in Arms against the Parliament That he was but a subject And moved the House to declare him a Rebell and a Traytor Sir Peter Wentworth Mr. Knightly and Mr. Blackstone seconded him with much earnestnesse so did Edward Ash who farther moved That the Common Council and Merchants should give no answer to his Letters saying there was no danger the Prince should make prize of their ships for that he had engaged to the States of the Low-Countries to do no act prejudicial to Trade At last the Debate was put off until the next day being Friday when the Speaker putting the House in mind of it again It was earnestly called upon by the younger Sir John Evelin Mr. Solicitors shadow Scot Weaver Holland Boys and almost all the Godly Gang. So the Debate was resumed and Weaver went very high to try the temper of the House But the Debate in Terminis That the Prince should be declared a Rebell and a Traytor was soon laid by though violently pressed chiefly upon these reasons 1. That they had not the Originals of the Princes Letter and Declaration which the Common-Council still kept but onely Copies not so much as attested upon Oath by any authentical Clerk therefore no legal proceedings could be upon them 2. To Vote the Prince a Traytor the same day when they sent Messengers to invite the King his Father to a Treaty of Peace would argue no peaceable inclination in them and would be so understood by the People 3. They were engaged by the Nationall Covenant to defend the King's Person Crown and Dignity but the Prince Heir apparent to His Crown was next under God the chief supporter of his Crown and Dignity therefore to Vote him a Traitor was to subvert his Crown and Dignity 4. By the Stat. 25. Edw. 3. it is High Treason to endeavour the destruction of the Prince the Kings eldest Son but to declare him a Rebel and a Traitor was to endeavour to destroy him and therefore High Treason 5. The people were already jealous that the KING and His Posterity should be laid by and in them the Monarchical Government of this Nation subverted and a new form of Government introduced they had already by the Votes of No Addresses to the KING and by their Declaration against Him wherein they say They can no longer confide in Him laid by the KING and now to Vote the PRINCE a Rebel and a Traytor was to lay by both him and his Brother the DUKE of YORK who adheres to him which would exceedingly confirm the people in their feares But what they could not do expresly All that adhere to the Prince declared Traytors they did implicitly by Voting All that should adhere to ayd or assist the PRINCE Rebels and Traytors Hereby they put a tie upon the City not to redeem their Ships by lending 20000 l. to the Prince and yet had a Pirat taken them it had been lawful to redeem them Saturday 5 August 123. The National Covenant The House of Commons went upon the Commissioners to judge of Scandals there was a Clause in the Ordinance forbidding the Nomination of such as refused the National Covenant which was strongly opposed by the Independents who argued That the National Covenant was but a League sworn mutually by the two Nations that the Scots by Invading England had first broke it and thereby set the English at liberty from it that the Covenant was not Jure divino no more than Presbytery was To which was Answered That the large Treaty containing the League between the two Nations so did not the Covenant which was a Vow made unto God with our hands lifted up to heaven for the maintenance and observation of the ends and principles expressed in the Covenant from which no power on Earth can absolve That though the Covenant was not Jure divino yet the keeping of it after we have taken it is Jure divino it being the revealed will of God that we should not offer to him the sacrifice of fools a Covenant to day and break it to morrow 124. A new Militia erected in every County in the hands of Sectaries Mondon 7 August A particular Ordinance to put the County of Wilts into a posture of defence was read many that were named to be Deputy Lieutenants or Commissioners were mean petty fellowes as one Read a Serving-man and others such as refuse to Act upon the Ordinances for setling Church Government and declare that our Ministery is Antichristian and are new dipped Brethren that have been re-baptized These to have power to raise what men and put arms into what hands they list to fine 10 l. and twenty days Imprisonment for every default and to levy 400 l. a week upon that poor County over and above the Taxes to Fairfax's Army and Ireland and Free-quarter The general Ordinance to trust the Counties with their own defence is obstructed to give way to these particular Ordinances
between them few of them pay any Taxes but all the Land payes Tribute to them It is thought this Faction their under-Agents and Factors have cost this Commonwealth above 20 millions never laid forth in any publick service nay the Treasurers and Publicans of this Faction have clipped and washed most of the Money that comes into their fingers before they pay it forth knowing that any money that comes out of their fingers will be accepted two Gold-smiths are thought to be dealers this way yet they lay the blame on the Scotish Army as the Cuckow lays her brood in other Nests 5. Having thus imped their wings for flight 5. The Indepâ—ndents provided of places of retreat to flee to they have provided themselves of places of retreat in case they cannot make good their standing in England Ireland is kept unprovided for that they may find room in it when necessity drives them thither If their hopes fail in Ireland they have New-England Bermudas Barbadus the Caribby Isles the Isle of Providence Eleutheria Lygonia and other places to retreat to and lay up the spoils of England in nay they usually send chests and vessels with money place and goods beyond Sea with passes from the two Speakers to let them passe without searching the Navy is in their power to accommodate their flight and by their instruments called Spirits they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismatical Plantations as the Turk takes up Tribute Children from the Christians to furnish his nursary of Janisaries and so they have their Agents that buy up all the Gold they can get Cromwell not long since offered 11000 l. in silver for the 1000 l. in gold besides he is well furnished with the Kings Jewels taken in his Cabinet at Nazeby many of them known Jewels as the Harry and the Elizabeth 6. The vulgar Independents but props and properties to the Grandees 6. Nor shall the vulgar sort of Independents either in Parliament Army or City fare better than the rest of the Kingdom The Grandees both of Parliament and Army endevouring to adjourn the Parliament and draw all the power of both Houses into the Committee of Derby-house consisting but of 30. or 40. the rest of the Independent Members will find their power dissolved in the Adjournment and swallowed up by that Committee and their services forgotten nor shall they have any power in the Militia which is the only quarrel between them and the King the Grandees disdaining to have so many Partners in that which they have got by their own wits for know that the Grandees have always been winnowing the Parliament First they winnowed out the moderate men under the notion of the Kings party then the Presbyterians and now they will winnow forth the lighter and more chaffy sort of Independents who stand for the Liberty of the People a thing which Cromwel now calleth A fancy not to be engaged for and so they will bring all power into their own hands Thus having contracted the Parliament into a Committee of safety they will adjourn themselves though the Parliament cannot to Oxford or some other place which they more confide in than London and this is the settling the Kingdom without the King they so much aim at and which they had rather the people should be brought practically and by insensible degrees than by Declarations held forth to them before-hand or by politick Lectures in the Pulpit Thus it is decreed that this Cabal of Godly men at Derby-house shall with military Aristocracy or rather Oligarchy rule this Nation with a rod of Iron and break them in pieces like a Potters Vessel Observe that the Ordinance by which the Committee of Derby-house is revived and the addition of Power to it are purposely penned in such ambiguous terms that He that hath the Sword in his hands may make what construction of them he pleaseth neither were they clearly penned Is it in the power of the Houses being but the Trustees of the people to transfer or delegate their trust to a lesser number of men a trust not being transferrable by Law and the people having chosen a Parliament not a Committee to look to their safety and peace 7. 7. The Army hinder Peace and Settlement The Grandees of the Parliament and Army have brought the Kingdom to so miserable a condition that they have left no Authority in England able to settle peace The KING is a close Prisoner to the Army therefore all he shall do will be clearly void in Law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegal Accusations Blanck Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Egyptians did under vassalage to their own Mamaluchi or Mercenaries The people thefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdom 8. The two Universities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties 9. Many honest men seduced by fair pretences took part with them never intending to leave their first principles and enslave King and Kingdom are enemies to their barbarous irrational and Russian way of Government 9. Many honest men took part with this Parliament seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the People and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdom to subvert the Laws Liberties and fundamental Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoils of the Commonwealth between them and think of enriching themselves with them in forein Lands yet many at the beginning much disliked that Religion should be used an as ingredient to the carrying on of a Civil War and that Schismaticks should have so great a stroak in managing the business yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high-way he will not refuse to joyn with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designs had so often purged the Houses that
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
Speaker of the House of Commons worth 2000 l. per an besides rewards for courtesies not to say Bribes Master of the Rolls worth 3000 l. per an beside the sale of Offices Chamberlain of Chester in the Earl of Darbies place And until of late Chancellor of the Dutchey of Lancaster worth 1230 l. per an and one of the Commissioners of their great Seal worth 1500 l. per an and had 6000 l. given him at one time by the House 2. Bulstrode Whitlock Commissioner of the great Seal worth 1500 l. per an and had 2000 l. given him out of Mr George Minn's estate 3. Edmund Prideaux formerly a Commissioner for the great Seal worth 1500 l. per an Now by Ordinance practices within the Bar as one of the Kings Councel worth 500 l. per an and is Postmaster for all Inland Letters worth 100 l. every Tuesday night beside his supper and it was thus got The Lord Stanhop the Postmasters and Carriers of England complained in Parliament against Mr. Witherings and others touching the carrying of Letters whereupon the benefit of forein Letters were given to the Earl of Warwick worth 5000 l. per an and the Inland Letters to Mr. Prideaux good Parliament Justice 4. Roger Hill a Barrester of the Temple in no practice nor of a considerable estate till this Parliament hath now from the House the Bishop of Winchesters Mannor of Taunton Dean being the best of England and worth 1200 l. per an when the estates for lives determine 5. Humphrey Salway the Kings Remembrancer in Mr. Fanshaw's place worth 200 l. per an 6. Francis Rous Provost of Eaton in Dr. Stewards place worth 600 l. per annum and hath got a College Lease worth 600 l. per annum 7. John Lisle Barrester of the Temple Master of St. Crosses in Dr. Lewes his place being a place for a Divine and worth 800 l. per annum 8. Oliver St. John by Ordinance both Attorney and Solicitor to the King worth what he please to make it and hath the passing of all Pardons upon Commissions worth 40000 l. 9. Sir William Allison Alderman of York Clerk of the Hamper worth 1000 per an he hath Crabb-Castle worth 600 l. per an Sometimes the Bishop of Yorks in York-shire 10. Thomas Hoile Alderman of York Treasurers Remembrancer in the Exchequer in Sir Peter Osburn's place worth 1200 l. per annum 11. Thomas Pury Senior first a Weaver in Glocester then an ignorant Countrey Solicitor had 3000 l. given him and Mr. Gerrards place in the Petty-bag worth 400 l. per an 12. Thomas Pury Junior Son to the Elder Receiver of the Kings Rents in Glocester and Wilts Clerk of the Peace of Glocester-shire worth 200 l. per an and Captain of Foot and Horse the first year of this Parliament servant to Mr. Towneshead an Attorney of Staple Inne 13. William Ellis Steward of Stepney worth 200 l. per an and by him sold to one of the Temple 14. Miles Corbet at the beginning of the Parliament 3000 l. in debt for himself and his Mother more than he was worth now one of the Registers in Chancery worth 700 l. per an besides Chair-man for scandalous Ministers worth 1000 l. per an And hath money in his purse 15. John Goodwyne the other Register in Chancery worth 700 l. per annum 16. Sir Thomas Widdrington a Commissioner of the great Seal worth 1500 l. per. an 17. Edward Bishe Garter Herauld in Sir Edward Walkers place worth 600 l. per an 18. * Walter Strickland Agent in Holland for the two Houses of Parliament worth to him 5000 l. 19. Nicholas Love Mr. Speakers Chamber-fellow one of the six Clerks in Chancery in Mr. Penruddocks place worth 2000 l. per annum 20. Sir Gilbert Gerrard much in debt before the Parliament pay-master to the Army and had 3d. per pound allowed besides Gratuities worth 60000 l. and now Chancellor of the Dutchey worth 1200. per an 21. Gilbert Gerrard his second son Clerk of the Dutchey and for whose benefit the Clerk-ship of the Assize in Norfolk is granted to Mr. Edward Garret his Cozen by the procurement of Sir Gilbert and is worth 500 l. per an 22. John Selden had given him 5000 l. of which he received 2500 l. pound 23. * John Bond Son to Dennis Bond a Parliament man made Master of Trinity-Hall in Cambridge which Mr. Selden refused to accept of 24. Sir Benjamin Rudiard given him 5000 l. And hath he not deserved it 25. * Lucas Hodges Customer of Bristol 26. Sir John Hipsley hath the keeping of three of the Kings Parks Mary-bone-Park that was Mr. Carewes Hampton-Park and Bushy-Park and given him 2000 l. in Money 27. Sir Thomas Walsingham the Honour of Eltham that was the Earl of Dorsets the middle-Park and house which was Master Whines and hath cut down 4000. Timber Trees 28. Benjamine Valentine given him 5000 l. 29. * Sir Henry Heyman given him 5000 l. 30. Denzell Hollis given him 5000 l. 31 * Nath. Bacon given him 3000 l. 32. * John Steevens given him out of the Lord Astley's Composition 1000 l. 33. * Henry Smith made one of the six Clerks worth 2000 l. per annum 34. Robert Renolds had 2000 l. given him Besides Abingdon-Hall and the Lands worth 400 l. per annum Hath bought a good penny-worth of Bishops Lands hath 20000 l. beyond Sea as he made appear upon his Mariage 35. Sir John Clotworthy Treasurer for Ireland and by the Army charged with defrauding of the State of 40000 l. which may be one reason the King could never get an Account of the monies raiâ—ed for the Irish though he desired it 36 â—ohn Ashe given him out of Mr. John Coventry's Composition 4â—00 l. out of Sir Edward Mosely's 1000 l. out of Mr. Edw. Phâ—â—'s 1200 l. out of Sir John Powel's estate 8000 l. And which is wâ—â—ll this is the great Chairman at Goldsmiths Hall Is not this better than cloathing 37. * John Lenthall son to the Speaker made one of the six Clerks worth 2000 l. per annum 38. * Francis Allen a poor Goldsmith at St. Danstans in Fleetstreet now made a Customer for London In honour of whom clipped moneys are called Allens 39. Giles Green the Reciver of York-shire being put out of his place got it for his Son-in-Law is Chair-man for the Navy and for Sir Thomas Daws his estate and what it was worth to him Sir Thomas Daws his Creditors will tell you for they got nothing 40. Francis Pierpoint hath the Arch-bishop of York's Lands lying in Nottingham-shire 41. William Pierpoint hath 7000 l. given him and all the Earl of Kingston's personal Estate worth 40000 l. 42. * John Palmer Mr. of All-Souls in Oxford in Doctor Shelden's place a Divine 43. * John Blackeston a poor shop-keeper in New Castle was Executor to the Executor of Sir John Fenner trusted with 6000 l. for Charitable uses and was sued in Chancery to perform the trust but got himself returned a
that you may take a short view of his proceedings as you have done of Argile's by comparing them you will find who doth deserve the Title of the most Religious Duke Hamilton suffered his worthy Mother to enjoy besides her own Joynture all his Estate whereby indeed he lost nothing she improving it much to his advantage hath helpt his Brother to a great estate with Titles and Places of Honour and profit suitable to his birth and worth his Sisters and now some of his Neices matched in the Noblest and best Families of the Kingdom 1. Whereas Argile did in his Fathers life time bring him to a Pension outed his Brother of his Estate Kintyre and ruined his Sisters by cheating them of their portions and so enforcing them to go to Cloysters The Duke had no quarrel with any save Montrosse the ground you heard for crossing his first intention for the Invasion of Scotland to prevent the misery and bloudshed that he did foresee was like to follow 2. Argile for private quarrels betwixt him and Montrosse Culkettough and the Athol men the Earl of Airely and other hath drawn much misery and bloudshed upon the Kingdom whom he enforced to espouse his quarrels The Duke had no spoyls nor gifts given him since ever he signed the Covenant save the Title of DVKE but hath been spoyled both himself and friends by those that followed Montrosse 3. Argile had enrich'd his Country with the spoyls of the Kingdom and himself with the great treasure bestowed on him both by Scotland and England which is well secured without the reach of an Impeachment The Duke stands firm to his Covenant for the established religion loyal to his Prince for Monarchical Government faithfull to his Country against all forein Invasion 4. Argile hath contrary to his Covenant Duty and Allegiance conspired to extirpate Monarchical Government to introduce forein forces of Sectaries to the utter overthrow of the established Religion The Duke acts nothing but according to the Laws established according to the Covenant and the duty of every good Subject 5. Argile hath overthrown all Laws tyrannizing over the Lives Liberties and Estates of the Subjects Duke Hamilton hath been of that temper to mediate for a wel-grounded Peace his Majesties deliverance and the Personal Treaty being the only probable waies for setling the three Kingdoms and setling the power where it ought to be for the Honour and safety both of King and Subjects 6. Argile opposeth all wayes of the Peace settlement of the three Kingdoms His Majesties deliverance and being brought to a Personal Treaty lest the power should be taken out of his and his Confederates hands whereby they oppress and ruine both King and Subject The Duke hath used and is using all endeavours to Vindicate the oppressed Subjects in both Kingdoms never changing Interests being alwaies faithfull to all those to whom he did profess love and friendship 7. Lastly Argile hath betrayed his old friends the Presbyterian party in both Kingdoms especially the Presbyterians in the Parliament of England and City of London not only suffering them to be made a prey to their enemies but obstructing their relief Let the impartial Reader now judge which of the two is most religious As this opposition betwixt Duke Hamilton and Argile makes them both to appear what they are so this following Parallel betwixt the Argathelian Faction and the Independent Junto will serve for an eye-salve to cure the eye-sight of both Kingdoms and let them see clearly how near they are to the brink of an intolerable and perpetual slavery Argile and his Faction stiled by the Independents the Godly party in Scotland the rest all Malignants 1. The Army of Sectaries in England however formerly Preached and wrote against now called by Argile's faction the hope of their safety The like in England by the Army of Sectaries and Independent Junto above twenty millions shared amongst them whereof the Kingdom can never get accompt all places of Honour and Trust of England still in the hands of those that are engaged for and with the Army of Sectaries 2. The heavy Taxes imposed and continued upon Scotland by Argile and his Faction and all the benefit thereof and most part of the monies got from England shared amongst them and no satisfactory accompt given to the Kingdom thereof Cromwell and the army for the King in their first ingagements but having inslaved the City inforced the Parliament to the dethroning Votes and as not formerly acquainted therewith gave thanks for them and sent their Emissaries to some seduced Counties and Corporations to do the like 3. All places of Honour and trust usurped by Argathelians till of late and the Army modelled to maintnin their Interest 4. Argile formerly yet but seemingly for Monarchy now really against it and all that desire to assert it Cromwell contributes a Passe to His Guides slacking the guards as he did the second time when he frighted him with a Plot from Hampton-Court to the Isle of Wight where he remains close Prisoner 5. That Faction first betrays the King to come to the Scots Army promising protection and then most persidiously delivered Him up to the mercy of His most cruel Enemies The blood shed in England under colour of justice in cold blood calls aloud for vengeance and the persidious breaches of the Army of their promises to King Parliament and Country is too too evident 6. Argile and his Faction have been most cruel to those they call their Enemies especially in cold bloud and perfidious to their friends deserting and betraying them What the insolent Army did comming with Bayes in their hats when they inslaved the Parliament and riding in triumph through the City by whose bounty they were made and maintained an Army will to their perpetual infamy be registred to all posterity 7. Argile when he had done mischief must have both thanks and reward and like a Conquerour march through the Kingdom in triumph a thing never granted amongst the noble Romans to triumph for a Victory in a Civil War The Army and some others by their instigation petition that the Kingdome may be setled without the King and that Army continued to eâ—slave the Kingdom especially the Presbyterian party their Army being for Toleration 8. Argile's Faction petitions That the Army intended for His Majesties inlargement and the relief of our Presbyterian Brethren shall not come in Cromwell was ready to comply but got some other work for the time and if God prevent it not will now speedily be able to obey Argile's desires but if that fail Argile shall have money and send David Lesley to levy Forces abroad to work Argile's ends 9. Argile and his Faction desires but five thousand Horse to assist them to subdue Scotland which must be turned a Province to the Kingdom of the Saints Let this serve for a Caveat to the mis-led and deluded Protestants of the three Kingdomes not to trust the fair promises or pretences of these
of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their Lives and Fortunes the Person Authority Title of our aforesaid Lawful KING and Suprem Governour the undoubtful Heire of all his late Fathers Dominions CHARLS the Second by the Grace of God King of Great Britaine France and Ireland c. against all opposites and pretended Authorities whatsoever unlesse they will be guilty of the fowlest sinnes of Treason Rebellion Perjury and Perfidiousnesse against their God their King and Countrey and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a farre more Arbitrary and Tyrannical Power over our Consciences Persons Liberties and Estates then ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawlesse Tyrants under Heaven An Exhortatory CONCLUSION to the English NATION Compare the Date of the K. Commissions with those of the Parliament and their Declarations on both sides TO conclude the series of Affaires and Action on both Parties especially of late rightly compared it appeareth by the sequel That KING CHARLES the First from the beginning took up Defensive Armes to maintain Religion Lawes Liberties and the Antient fundamental Being of Parliaments and this Kingdome and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to change the Fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supreme Authority to enslave the People with an Oligarchical Military and Arb trary Government to raise what illegal Taxes they please to establish their Tyranny and enrich themselves and their Party to oppresse consume and devoure all Men of a judgement contrary to their Interest to Murder them by new declared arbitrary Treasons contrary to the Stat. 25. Edw. 3. for ascertaining Treasons to Disfranchise them of their birth-rights and make them Adscriptios Glebae Villains Regardante to their owne Lands which the Nobility Gentry and Yeomanry plough sowe and reap whilest Brewers Dray-men and Coblers eate drink and play upon the sweat of their Labours and are the Usufructuaries of their Estates All which they have lately brought to passe wherefore let all true Engl shmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with one voice cry out 1. We will not Change our Ancient setled and well-approved Lawes to which we are sworne 2. We will not Change our Ancient and well-tempered Monarchy to wh ch we are sworne 3. We will not change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous then themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by fourty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or title soever they shall mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING See the Star of Recognition 1. Iac. and the Oaths of Allegiance Obedience and Supremacy and The KING whom the Lawes of God and this Land have designed to us we being by the Oaths of Allegiance Obedience and Supremacy sworne to beare faith and true Allegiance to KING CHARLES the First his lawful Heires and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The History of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions does naturally arise out of the Premises of this Second Part of the History and do as aptly serve to illustrate this Second as that First part wherefore to that First Part I send thee for opening thy understanding When our old Lawes run again into their Ancient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apology and shew what he hath done and suffered for the Parliament and Kingdom THE END TO THE READER READER having spoken to thee in the First Part I might have forborn thee in this Second did I not feare to seem guilty of the fullennesse and malignity of these times The subject-matter of my Book is a Combination or Faction of Pseudo-Polititians and Pseudo-Theologicians Hereticks and Schismaticks both in Divinity and Policy who having sacrificed to their Fancies Lusts Ambition and Avarice both their God and Religion their King and Country our Laws Liberties and Properties all duties Divine and Humane are grown so far in love with their prosperous Sins as to entitle God himself to be Father and Author of them from whose written Word and revealed Will held forth to us in the Scriptures as the only North Pole and Cynosure of our Actions where they find no warrant for their doing they appeal to the secret Will and Providence of God to which they most Turkishly and Heathenishly ascribe all their enormities only because they succeed and from that Abysse of Gods Providence draw secondary principles of Necessity and Honest Intentions to build the Babel of their confused Designes and Actions upon not considering that wicked Men perform the secret Will a God to their Damnition as good Men do the known Will of their Father to their Salvation If a Man lie sick to death and his Son wish him dead this is Sin in the Son although his desire concur with the Secret Will of God because the Son ought to desire the preservation of his Fathers life whereto the Will of God revealed in his Word obligeth him and vivendum secundùm Praecepta non secundùm Decreta Dei The secret Will and Providence of God can be no rule and law of our Actions because we know it not nor can search into it without presumption We must not therefore altum sapere think our selves too wise and well-gifted to tie our selves to the Scripture of God and lust after Revelations and Inspirations expecting God should rain Bread from Heaven for us Manna Exod 16.4 but be wise unto Sobriety But prosperum scelus virtus vocatur Thus casting off the written Word of God unless where by an enforced Interpretation they can squeeze Atheisme and Blasphemy out of it as they do somtimes rack Treason Murder and Non-sense out of our Laws and Parliament-Priviledges conducible to their ends they insensibly cast off God himself and make themselves both the
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
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
lesse I think to hurt his Person the Lawes are the Kings Lawes Courts the Kings Courts Judges his Judges Great Seale his Seale Writs the Kings Writs the Justice and Peace of the Land are his consequently the Warrs his Warrs he is the fountain of all Authority as well as of all Honour * 1 Pet. â— 13 Hâ—â—e the King is called Supâ—eâ—e not the People and thoâ—gh said to be an ordinance of man in some respects yet St. Paul Râ—m 13. saith He is ordain'd of God 2. Governours are distinguished the King is supreme and Governors are sent by him and his Commission Besides it appears Gen. 3.16 and 4.7 God gave not to all men that freedom which is supposed the foundation of supremacie in the people He made them not Masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of whom the Commonalty consists and each individual nor the whole Commonaâ—ty can give him more power then himself hath But no man hath power over his own life neither arbitrarily nor judicially but onâ—y over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with their liberty and subjected to him and then God who only hath power of life and death invests the King with power to be the Minister of God to execâ—te vengeance not bearing the Sword in vain Rom. 13. See Dr. Hammonds Letter to the L. Fairfax Jan. 5. 1648. Thou shalt not speak ill of the Governour of the People therefore not accuse him The King hath no Superiour nor equal in England contrary to that false distinction of the Observator that he is Major singulis minor universis When David would have gone forth to Battel his Army disswaded it using these reasons If we flee they will not care for us nâ—ither if halfe of us die will they care for us But thou art worth ten thousand of us Here you see the King is reckoned major universis more than all his Army and yet that Army was at that time in effect all the well-affected of the Land and therefore by the Anarchical Principle aforesaid the only People of the Laâ—d for further proof hereof I appeal to all our Laws and Statutes how will they Try him Who shall Judge him who are his Peers that he may be Legally Tryed like a Freeborn man for sure they cannot deny him that right according to Magna Charta per legale judicium parium suorum It is a grounded Maxime in our Lawes The King can do no wrong wherefore then will they Try him for doing no wrong The policy and civility therefore of our Lawes and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency always accused his Evil Counsellours and Ministers and freed Himself lest they gave advantages to ambitious men Absalom-like to scandalize and dishonour him and render him low and vile in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land Saint Peter bids us Submit to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse will according to their 4th Antimonarchical Principle make the giddy ignorant tumultuous many-headed multitude Judges of their King and make the confused Rabble his Superiours thereby setting up two Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lawes and leave all to the power of the Sword in an Arbitrary way to carry on their designe to which purpose they have lately caused their Journey-men the present House of Commons to Vote contrary to our knowne Lawes That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchical Principle of the Army and their Party who wanting reason to prove it assert it by the Authority of their mock-Mock-Parliament and must now make it good by the Sword to justifie their proceedings against the King and People These popular principles are meer empty notions whereby the Grandees draw the Supreme Authority thorow the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in the enjoying the fruits of their labours their goods possessions estates and their personal liberty according to the knowne Lawes of the Land When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that which was not their due to rob them of that which was their due their Horses Goods Money plundred from them for service of the State forsooth and beat them that defended their owne so that while he flattered them to be the Supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a few covetous ambitious men that desire to bring the King to capital punishment and subvert our fundamental Government and Lawes that have usurped the power of the Kingdome into the hands of their Faction and now require this to keep themselves from being called to account The second Demand tends to disinherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquit themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome thâ—s Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and will This is to shut the door after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their owne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the new erected Committee of State the hogen mogens at White-hall Thus you see having removed
out of the way the King the first and most visible legall Authority they will now put downe the Parliament the second visible Authority of England who are now the onely Bulwarke against the Tyranny of the Sword and then as Major White said at Putney long since there will be no visible Authority left in England but the power of the Sword which will introduce a new Parliament or rather fantastical new invented Representative destructive to Parliaments all of their owne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That nâ—ne shall be capable of Electing This is so explained by the Moderate one of the raling Pen-men of the Faction who hath a large share in the 500. or 600. a year allowed to these Pamphletires for divulging State-lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shall sign to the Agreement of the People which is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchical Principles in the beginning of this Paragraph nor any that oppose this Agreement By what Authority but the arbitrary sway of the Sword shall Freemen be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Law and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and we are their Slaves 3. That Elections may be so distributed as to render the House of Commons a Representative of the whole People that is tagge and ragge and Canting Beggers who have nothing to give or lose as well as Free-holders so farewel Writs of Summons and all orderly legal formes if all men without any distinction may Elect and be Elected all will fall into confusion the Rabble will never agree all things will tend to Riots and Tumults so that the better and soberer fort will and must forbeare and leave all in the hands of the Rascallity and at last no Representative will be chosen or such an one as the People will be ashamed to owne and will desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice how frequent Civil Warres are in all Elective Kingdomes during the interregnum or space between the death of the old and choice of the new King how obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland and heretofore Bohemia and Hungary tell all Histories are full of examples yet if our elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crowne Revenues be otherwise disposed of as is inferred and their Heads exposed to the humours of the People or their Representative the Office will be so unworthy of any wise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I do hereby give my voice to Cromwell the perfidious Brewer catch who catch can let them agree amongst themselves I care not which of the two shall be set up for the new States Scar-Crow This Remonstrance was about a Week after seconded with a most insolent threatning Declaration composed altogether to terror it was occasioned as followeth About the latter end of November the Parliament was informed the Army was upon their march to London whereupon not without great opposition by the Armies Party in the House and with great caution it should be mannerly phrased for feare of angring his insolency a Letter was Voted to be sent the Generall forbidding his neerer approach In contempt whereof the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to Westminster to doe what God should enable them unto The same night they came to Hyde-Parke-corner and kept Guards there Hereupon it was put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the cowardice of some whose hearts now began to melt and the impudent restlesse bawling of those cheating Saints that comply with the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Answer was debated and as a prologue to it young Sir Henry Vane a Whelpe of the Old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speak more plainly We shall discover who are the Kings Party in the House and who the Peoples To which was Answered That since this Gentlemen were so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in minde of another Division of the House Sir you will find some desirous of peace and they are Losers by the Warre Others are against peace and those are Gainers by the Warre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feete for till then the Ballance of the Common-wealth will never stand right towards a settlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principal Publican and Treasurer they get constantly above 6000 l. per annum between them besides private cheats by paying half Debts and taking Acquittances for the whole and then discounting for the whole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much wealth as makes him sawcy enough to hire William Lilly and other Pamphletiers to derive his Pedigree from John Holland Duke of Exeter although it be knowne he was originally a Link-boy but he is now one of the New Lights an illuminated Brother Master Pryn moved the debate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army but said Mr. Rich. Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the General took possession of White-Hall for his Quarters 20. The Generall
strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedom ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcille seclusion from the House and the continuance of the Armies force upon it are no way obligatorie but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparallel'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedom of Parliament and Disturbers of the pace and settlement of the Kingdom and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemn Covenant and dutie under paine of deepest perjurie and eternall infamie are obliged unanimouslie to oppose and endeavour to their utmost power to bring them to exemplarie and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Government and Laws of this Realm All which we held it our duties to declare and publish to the world for fear our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guiltie of betraying the Priviledges Freedom and Honour of this Parliament to our perpatuall reproach and the prejudice of all succeeding Parliaments Dated at Westminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons pass and print a Declaration against the said Declaration The said solemn Protestation of the secured Members being complained of was sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it with Authority instead of Reason both Houses passed this following declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament taking into their consideration a printed Paper entituled A solemn Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and proceedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House The present visible Government is the Power of the Sword in the hands of Rebels The fundamental Government of this Kingdom is destroyed by the Faction remaining in the House of Commons by their Acts For abolishing Kingly Government The House of Peers their putting down Trials by Jury of 12. men and setting up illegal High Courts of Justice their usurping the Supream Authority their mâ—kâ—ng Treason an Arbitrary crime their erecting a Councel of State oâ— Hogens mogens forty Tyrants in lieu of one King their altering the stile of Writs and Legal Proceedings c. Sentence given before any person accused or heard to speak for himself Oh the brutish understanding of men whose sins and fears have intoxicated their wits and the continuance of the Armies force upon it are no way obligatory but void and null to all intents and purposes The said Lords and Commons do thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamental Government of this Kingdome And do therefore order and ordain the said printed Paper to be suppressed and that all persons whatsoever that have had any hand in or given consent unto the contriving framing printing or publishing thereof shall be adjudged and hereby are adjudged uncapable to bear any Office or have any place of trust or authoritie in this Kingdome or to sit as Members of either House of Parliament And do further order and ordain That every Member of either House respectively now absent upon his first coming to sit in that House whereof he is a Member for the manifestation of his innocencie shall disavow and disclaim his having anie hand in or given consent unto the contriving framing printing or publishing of the said paper or the matter therein contained The 12. and 13. Decemâ—er 28. The Conventicle of Commons repeat ex tempore in a thin House under a force the Votes deliberately passed in a full and free House the Commons that they might purge their Journal Books of all State-Heresies as well as their House of all State-Hereticks voted this Index expurgatorius which in their own canting language I here present to you 1. Resolved c. That the Vote of this House Jan. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionâ—l Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdom and is hereby repealed The like for the rest of the Impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House June 30. 1648. whereby this House did concur with the Lords for opening of a way to the Treaty with His Majesty for a safe and well-grounded Peace That the Votes Jan. 3. 1647. forbidding all Addresses to be made to or from the King be taken off was highly dishonourable to the proceedings of Parliament and apparently destructive to the good of the kingdom sure they meant the kingdom of the Saints They likewise by four several Votes revived the said 4. Votes Jan. 3. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be bad in the Isle of Wight with the King in person by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court was highly dishonourable and apparently destructive to the good of the kingdome The House adjourned Good Boyes they can say their Lessons well and apace too when the Army whips them on they will shortly have a jubilee of play-days for their pains 40 or 50 new Lights snuffed by the Councel of War can better discover what is dishonourable and apparently destructive to their own kingdom then 340. or 244 could do at other times If you ask what Debates they had they could have none being now freed from the contradiction of sinners being all Birds of a feather taught the same tune by the same Masters and singing in the same cage 29. A Protest to be entred against the Votes That the Kings Grants were a ground for a settlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes was not thought by those that think one thing and say another a sufficient Test all were confidently for them that voted with them wherefore godly John Gourdon a Fellow that spits venome as naturally as a Toad moved That
we could enjoy nothing but as the will of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon far better grounds as being farre the more numerous and standing for defence of those ancient Lawes which do constitute the People and Common-wealth of England which will breed infinite confusions and divisions and what those that call themselves the People now agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Trial hath been made by the present knowne legal power of England whether those inconveniences may not be removed without subverting the present Government and introducing so totall a change as will be very dangerous and grievous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. we are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments which this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the People of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as wel as the Kings Party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Laws and Taxes imposed upon them by Subscribers who are the least and the least considerable party of the Kingdome and upon whom they conferre no trust which is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knowne Maxime in Law Quod omnes tangit ab omnibus tractaeni debet what concernes all men must be debated and agreed to by all men either personally or representatively 5. It will raise factions and feuds between the Subscribers and Non-subscribers of the Parliament party 6. It takes away Magistracy and Government not onely by placing such a Supreme power over them as is disputable nay apparently illegal But by making the heady multitude the People supreme Judges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is with this salvo except such Representative shall expresly violate this Agreement which makes every man or number of men that shall get power into their hands Judges of it nor is there any other Judge designed and if there were who shall judge that Judge sic in infinitum the legal supreme Trust of all publique interests being taken away our vagabond thoughts wander in a circle not knowing where to repose our trust all Judges all Councels may erre but the rascal multitude are the very sinke of errors and corruptions If therefore the Supreme the Representative have so unstable an authority what shall the subordinate Magistrate acting under them have 7. It smels so much of the Jesuite that it tolerateth Popery in private Houses contrary to the knowne Lawes of the Land Popery like the old Serpent if it once get in the head will soon insinuate the whole body being so well backed by Potent Princes and Councels from beyond Sea And truly I know not what to say against Popery where Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the power of the civil Magistrate as in this Agreement 8. It will lose Ireland the managing of the Warre there being legally in this Parliament by Act passed not in this newfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for which the Parliament so often Declared Voted Protested and Covenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestowes the Cause upon the King as if He only from the beginning had fought for them which all men have reason to believe when they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament-Armies were Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity without which they are Thieves Rebels and Murderers 11. It demands that there be no Lawyers nor Lawes but new Rules in English to be made from time to time by the new Representative who are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to which justice shall be administred not by Mayors Sheriffs Justices of the peace Officers alwaies ready but by hundred Courts who are to supply the roome of all the Judges and Lawyers of the Kingdome and all this to lie in the brests of 12. Men in every Hundred of the Tribe of the Godly be sure who peradventure can neither write nor read nor have responsible Estates to satisfie wrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lawyers Ministers who will oppose it because it confounds and destroyes Religion and depriveth the Ministery of its lot Tythes stopping their mouthes with famine purposely to cast them off and generally all men of quality and discretion will withstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety who then are left to owne and subscribe it but desperate forlorne Persons who because they cannot bring their actions under the protection of our present Laws and Government will bring the Laws and Government to their own corrupt wills and interests and therefore will signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and their being no other Judges of their keeping it but the Subscribers who in the result of all hath the Law in their owne Wills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same which was subscribed by 9. Regiments of Horse and 7. of Foot and presented with a Petition to the House of Commons Novemb. 5. 1647 by the Agitators Gifforde the Jesuite being then in the Lobby with them and very active therein Upon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together with a Paper annexed intituled An Agreement of the people for present and future peace upon grounds of Common Right avowed How these Papers come now to be owned those that oppose them violenrly secured by the Army by the connivance at least of the dregs of the House now sitting
let the Saints now voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamental Government of the Kingdome Resolved c. That a Letter should be sent to the General and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The General and Councel of Warre in pursuance of this Vote 37. The said Agreement damned by the General and Councel of War and a Souldier shot by sentence for promoting it condemned one of the Agitators who promoted it and shot him to death at Ware you see what it is to do a thing unseasonably this Designe of the Army and their Party was not yet ripe wherewith they acquainted the House yet they kept in the same fire in the City still where some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter with a Petition into the House of Commons whereupon the House giving thanks to the General for the execution done at Ware and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Nov. 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed was read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho. Prince Cheese-monger and Sam. Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamental Government of the Kingdome Resolved c. That Jeremy Ives Tho. Taylor and Will Larner be forthwith committed Prisoners to the Prison at New-gate c. as last aforesaid in Terminis Afterwards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person who hath contrived abetted perswaded or entred into that engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments and fundamental Government of the Kingdome be elected chosen or put into the Office of the Lord Major of the City of London Sheriffe Alderman Deputy of a Ward or Common-Councel-man of the said City or shall have any voice in the election of any such Officers for the space of one whole yeare and be uncapable of any of the said Places yet now these petty Fellowes keep the whole City in awe 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of Warre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep until the beginning of November 1648. when to hinder the peace of this Kingdome and reliefe of Ireland the Jesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to break off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the General and his Councel of Officers though they had formerly shot a Souldier to death for prosecuting it unanimously approved it at Saint Albons November 16. 1648. and obtruded it upon the House the 20. Novemb. and when they found the House so resolute in the Treaty as to proceed they first seized the Person of the King and carried Him to Hurst-Castle as aforesaid and when the House at last closed up the Treaty with this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a settlement 40. Why they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted away at least 40. or 50. more leaving onely their owne Somerset-house Junto of 40. or 50. thriving Members sitting to unvote in a thin House under a force what had been voted in a full and free House To vote down the Kingly Office and House of Peers to vote the Supreme Authority to be in the People and in the House of Commons as their Representative clean contrary to their three last recited Votes To bring the King to capital punishment before a new invented illegal mixed Court consisting of engaged persons erected for that purpose that hath neither foundation by Prescription nor Law and to erect a Councel or Committee of States out of their number in the nature of Lords States General or Hogen Mogens with an unknown and therefore unlimited Authority to continue in being after the dissolution of this Parllament So farewel Kings Lords and Commons Religion Laws and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore onely to gull the People and carry on their designe About 19. Decemb. 41. Diverse Lords doe homage to the General and wave their honours divers Lords went to do homage to the General to expresse their good affections to him and their concurrence with him for the Common good and their readinesse to wave their priviledges and Titles if they shall be found burdensome to the liberty of the People and had a gracious nod for their paines About this time the Lords and Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following to this effect 42. An Ordinance to curb the City in electing Officers That no Person that hath been imprisoned or sequestred rightfully or wrongfully or hath assisted the King against the Parliament in the first or second Warre or hath been aiding or assisting in bringing in the Scots Army to invade this Kingdome or did subscribe or abett the treasonable Engagement 1647. or that did ayde assist or abett the late Tumult within the Cities of London and Westminster or the Counties of Kent Essex Middlesex or Surrey shall be elected chosen or put into the Office or Place of Lord Mayor of London Alderman Aldermans Deputy Common-Councel-man or into any office or place of trust within the City for the yeare ensuing or be capable to give
recalling the Lord Lysle from his command there and putting the best part of the said Kingdom and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Native Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we â—ay the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there and less means to relieve them the Lord Lysle was not recalled from his Command there This Lo went late caried over 160000 l. for which he hath not yet accounted began a quarrell with Inchiqueen and put him into discontent and then returned See the Irish Letters and Papers to the the House in print but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles return for England the Lord Inchiquine did gallant service against the Rebels took many strong Holds from them and won the Battel of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituted for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appear 2. Their endeavours to bring in the King upon His own Tearms without satisfaction and security to the Kingdom vâ—z upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable and by Ordinance 17. Decemb 1647. put an incapacity upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honorable employment for the Forces of the Army to prevent such high distempers as have since ensued See my 1. part sect 16. 17. 18. and my said Animadversions pag. 2. neither were they legally impeached See Ardua regni or twelve arduous doubts written in defence of the expulsed Memb and the sa d Members Ans to the Armies Charge 3. That they endeavoured to protect the 11. impeached Members from justice and with them to raise a new Warre To this we say we gave them no other protection than the Laws allowed them For the mispending 200000 l. designed for Ireland we say that 80000 l. thereof was paid to Nicholas Loftus and others for service of Ireland and above 50000 l. to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who nevertheless pressed upon the House the more earnestly for their Arrears after the Declarations and Remonstrances published by the Army for paying the Arrears of all the Souldiers of England 4. Their countenancing abetting There was a close Inquisition of Godly Cut-throats purposely chosen to examine this Tumult which proceeded illegally and used so much foul play as to accuse men upon characters of their clothes persons yet malice it self could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we do every one of us for our selves respectively deny 5. The holding correspondency engaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We do every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See wh t uâ—e they make of provid nce in the 1. part of Englands new Chains and formed to serve the Kings corrupt Interest why did they force from the House above 200 Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upon them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a settlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdom yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Design in bringing in the King Do they call their threatning Declaration and Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appears that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the
all the Parliaments Declarations and Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their own Faction all others being displaced under the generall notion of disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom being far the Major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl. or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher Faction whatsoever which may arise should at any time hereafter get the upper hand by the peoples general adhering to them or any divisions of the Army or by any means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present General Councel of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnatural tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70 of the Commissioners present Then the King was brought to the Bar by Col. Hacker with Halberdiers the Mace of the Court conducting him to his chair within the Bar where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation Prove this power and trust The whole Kingdom in effect deny it So do all our Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First January 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverley in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and also on or about the twenty third day of October in the same year at Edgehill and Keinton-field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred fourty and three at Cavesham-bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord one thousand six hundred forty and six He the said Charles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured and procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by Him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-people of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warrs and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warrs and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischief to this Nation acted or committed in the said Warrs or occasioned therby And the said John Cook by Protestation saving on the behalfe of the people of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons and crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer all and every the premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Commonwealth President Sir you have now heard your Charge you finde that in the close of it it is prayed to the Court in behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story then I think fit at this time for me to speak But there I entred into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but that they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawful Authority there are many unlawfull Authorities Thieves and Robbers on the High-way I was brought from thence and carried from place to place and I know not what and when I know by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinns you bring upon your own heads and the judgment of God upon this Land think well upon it think well upon it I say before you go on from one sinne to a greater therefore let me know by what
lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My Trust I have a trust committed to Me by God by old and lawfull descent I will not betray it to answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first comming hither you would have known by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therfore let Me know by what lawfull Authority I am called hither I do stand more for the Liberty of My People then any here that come to be My pretended Judges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Bradsh Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledg of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will do it to the last breath in My body As it is a sinne to withstand lawfull Authority so it is to submit to a Tyrannical or any otherwise unlawfull Authority Bradsh The Court expects your finall Answer and will adjourne till Munday next Brutish we are satisfied with our Authority that are your Judges and it is upon Gods Authority and the Kingdomes and that peace you speak of will be kept in doing Justice and that 's our present work So the Court adjourned and the King was conducted back Note They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Justice Justice when the King was remanded thinking all the rest of the people would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Justice Whether this were the first day or afterwards I know not The King only saying My Saviour suffered more for my sake wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday January 22. 81. The second daies Triall of his Majesty The KING was brought again to His Tryall Solicitour Cock May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a charge of high Treason and other High crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of confession or Negation which if He shall refuse to do That the matter of charge may be taken pro confesso and the Court may proceed according to Justice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a charge read against You c. You hear likewise what was prayed in behalf of the People That you should give an Answer to that charge You were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and capitall Misdemeanours wherewith You were then charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that you do give a positive and particular Answer to this Charge exhibited against You they expect you should either confess or deny If you do deny Without any Law President rationall debate or Arguments to prove it Oh brutish Tyranny it is offered in the behalf of the Kingdome to be made good against You Their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therfore You are to give a positive Answer King When I was here last its true I made that Question and truly if it were only my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction upon Earth but it is not my case alone it is the Freedome and the Liberties of the People of England and do you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamental Lawes of the Kingdome I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against me here and therfore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do I shall tell you My Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You do is not agreable to the proceedings of any Court of Justice False You are about to
enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisoner and are charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I do plead for the Liberty of the people of England more then you do and therfore If I should impose a beleefe upon any man without Reasons given it were unreasonable Bradsh Oh Brutish Asinine Kingdome to be Governed by an up-start Authority without use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against you Sir The Vote of the Commons of England assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by all Laws that ever I heard all men may put in Demurrers against any proceedings as Illegall and I do demand that if you deny that you deny Reason Bradsh Over-rule a Demurrer without Argument If a man may not Demurre to the Jurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurr to the Jurisdiction of the Court if You do I must let you know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirme their own Jurisdiction King I say Sir by your favour That the Commons of England were never a Court of Judicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the people of England of High Treason and other high crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you do this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I do require that I may give My Reasons why I did not Answer and give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Jurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I took defended My selfe with Armes I never took up Armes against the People but for the Laws Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d. daies Trial of His Majesty Tuesday January 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cook May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Bar before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Sandard for Warre against his Parliament and People and I did humbly pray in behalf of the People of England That he may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Jurisdiction of the Court which the Court did then over-rule and command Him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgement against Him I might presse your Lordship upon the whole That according to the knowne rulâ—s of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the charge given against him whereby he may come to a faire Triall that by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the emnant â—f the House of Comm. had fâ—rejudged the King before they â—rected this new Court to sentence him and claime a Jurisdiction as well as a Sâ—preme Authority That the House of Commons the Supreme Authority and
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho. Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennis Bond Esq Humph. Edwards Esq Gregory Clement Esq John Fray Esq Tho. Wogan Esq Sir Greg. Norton Serj. John Bradshaw Col. Edm. Harvey John Dove Esq Col. John Venn John Foulks Alder. Thomas Scot. Tho. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 85. Observations upon the tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating Tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a civil Martyr dying for the Liberty of the people And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. February Cromwell and Ireton and their canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their requests are commands to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains sub fine And the Hunting of the Foxes c. although no Members of the Army they must have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodomus that Type and figure of him John of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were sent to the Presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he intended to deliver in Writing on Monday Jan. 22. 1648. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation HAving already made my Protestations not only against the Illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe to God in the preservation of the true Liberty of my people will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a
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
of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull down one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance 104. New Commissions for the Judges whereof six hold and six quit their places Instructions were given by the Commons for drawing new Commissions for the Judges according to the new Antimonarchical stile and way the new Great Seal being now ready a Committee of the House met the Judges about it whereof six agreed to hold upon a Provision to be made by Act of the House of Commons that the Fundamental Laws be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the Fundamental Laws This is but a Fig-leaf to cover their shame Those that held were Of the Kings Bench Mr. Justice Rolls and Judge Jerman of the Common Pleas Mr Justice S. John and Judge Pheasant of the Exchequer Chief Baron Wilde and Baron Yates those which quitted their places and kept their Consciences were Justice Bacon and Justice Brown Sir Tho. Beddenfield Justice Creswel Baron Treaver and Baron Atkins 103. Cyrencester elâ—ction But the Clerk of the Crown cert fied that between the Commitee of Elections and himself they could not find the Indentures of return the House therefore Ordered That they should sit and do service so they are Burgesses not returned but ordered to sit 8. Febr. The Election of the General and Col. Rich at Cyrencester which never durst see the light before after about 3. years lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerk of the Crown for whom they have not invented a new name yet ordered to mend the return of the Writ at the Bar. * 104. A Declaration That they will keep the Fundamental Laws lives why did they erect the High Court of Justice and do still continue Martial Law liberties why do they press Seamen then properties why do they levie illegal Taxes by Souldiers and continue illegal Sequestrations They likewise passed a Declaration to this purpose that they are fully resolved to maintain and shall and will uphold preserve and keep the Fundamental Laws of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the alterations concerning Kings and House of Lords already resolved in this present Parliament Munday February 12. The Commons appointed the Circuits for those Judges that held 105. The Judges Circuits appointed the Benches filled up and their Oaths altered and passed an Act for compleating the Judges of the several Courts filling up the rooms of those that held not with some alterations in their former Commissions and a new Oath to be given them to swear well and truly to serve the Common-wealth in the Office of a Justice of the Upper Bench which all our Laws call the Kings Bench or Common Pleas according to the best of their skill and cunning 106 A new Oath for the Freemen of London and other Coâ—porations The House passed an Act that the Oath under-written and no other be administred to every Freeman of the City of London at his admission and of all other Cities Burroughs and Towns Corporate YOu shall swear that you will be true and faithfull to the Common-wealth of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeâ—l the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statute 1. Eliz. 3. Jacob. enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured and secluded Members In opposition to these tyrannous destructive illegal and trayterous proceedings of 40. or 50. cheating Schismaticks sitting under the force and promoting the Interests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable and illegall late Acts and proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. WE the secured and secluded Members of the late House of Commons taking into our sad and serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedom and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdoms peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murthered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all forraine States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Justice as they terme it though never any Court themselves to Arraigne and condemn His Majesty against the Lawes of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally and unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Jurisdiction and without any lawfull authority or proofe against Him or Legall Triall presumed most trayterously and impiously to condemne and murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Laws of the Land and the liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free
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
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Statute of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloudy murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such commissions and proceedings and by the power of an Army to enforce them and the Judges Justices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high * * Whereupon six Judges refused to accept any new Commissions or to act as Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their oaths covenant callings and places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your Treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanours by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper Every Act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to confer with Him as His Parliament and Councel about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4. c. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the great Seale of England Judges of the Kings Courts Justices of Peace Sheriffs Excise-men Customers and the like with all Committees and ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Jacobi ch 1. and by all the Judges of England since Coke 7. Report f. 10 11. in Calvins case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their blouds to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through fear terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested
be given of any Subject Tried but by Bill of Attainder in Parliament or by a Jury But all was but to charme a deaf Adder He was a gallant Gentleman and they durst not let him live The KING'S Library at St. James's was given I hear to that ignorant Stage player Hugh Peters 123. The Kings Library at Saint James's given to Hugh Peters 26. Febr. John Lylburne delivered to the Commons by the name of the Supreme Authority of England A Petition in the name of many thousand wel-affected with a Book annexed entituled Englands new Chaines discovered The most material points thereof are 124. L. C. Lylburnes Petition to the House with Englands new Chaines annexed See the Hunting the Foxes c. pag. 8. that they find fault with The Agreement of the People presented to the House by Lieu. Gen. Hammond from the Officers of the Army because 1. They like not there should be any intervals between the end of this Representative now sitting and the beginning of the next whereby during the said Intervall the Supreme power will be left in the new erected Councel of State a constitution of a new and unexperienced nature which may designe to perpetuate their power and keep off Parliaments and Representatives for ever 2. They conceive no lesse danger in that it is provided that Parliaments for the future are to continue but 6. months and the Councel of State 18. Months in which time having command of all the Forces by Sea and Land they will have great opportunities to make themselves absolute and unaccountable 3. They are not satisfied with that Clause in the said Agreement That the Representative shall extend to the erecting and abolishing Courts of Justice since the alteration of the usuall way of Trialls by 12. sworne men of the Neighbour-hood may be included therin as hath lately been done by erecting a new High Court of Justice criminall under a President and Commissioners or Tryers picked and chosen in an unusuall way all liberty of exceptions against them being over-ruled 4. They are not satisfied with that Clause in the Agreement That the Representative have the Highest finall Judgment since their Authority is onely to make Generall Laws Rules and Directions for Courts and Persons assigned by Law to execute them unto which the Representatives themselves are to be subject it being a great partiality and vexation to the People that the Law-makers should be Law-executors 5. They finde fault with the Excise calling it The great obstructor of all Trade farre surmounting Ship-money and all Patents Projects and Monopolies before this Parliament 6. The Act for Pressing of Sea-men 7. The General and Officers obstructing the Presse 8. The Chancery and Courts of Justice not regulated Hunting the Foxes p 8. sayes it was Iretons invention 9. They complaine That a Councel of State is hastily chosen as Guardians of the Peoples liberties with a vast and exorbitant power 1. To command order and dispose of all Forces by Sea and Land and all Magazines of Store in England and Ireland 2. To dispose all publique Treasure 3. To command any Person whatsoever before them to give Oath for discovery of Truth 4. To Imprison any that shall disobey their Commands and such as they shall Judge contumacious what now is become of Magna Charta and the Liberties of the People That no Mans Person shall be Attached or Imprisoned or Disseised of his Free-hold or Free-customes but by lawfull Judgement of his Equalls This Councel of State hath got all power into their hands a project long laboured and now their next motion will be pretending ease to the People to Dissolve this Parliament 10. The Petitioners complaine that in order to settle their Tyranny the Councel of Officers insisted upon it That a motion should be made to the House of Commons to enable them to put to death by Martial Law all such as they shall judge by Petitions or otherwise to disturbe the present proceedings whether Members of the Army or not And when it was urged That the Civil Magistrate should do it it was answered * The saying of Col. Hewson the one-eyed Cobler See Hunting the Foxes p. 10. They could hang twenty ere the Magistrate could hang one The prayer of their Petition is 1. That the Self-denying Ordinance be observed 2. That they would consider how dangerous it is to continue the Highest Military Commands so long in the same Persons especially acting so long distinct and of themselves as those now in being have done and in such extraordinary waies whereunto they have accustomed themselves which was the original of most Tyrannies 3. That they would appoint a Committee of Parliament-men to hear and determine all controversies between Officers and Officers Officers and Souldiers to mitigate the rigour of Martiall Law and to provide it be not executed upon any not Members of the Army 4. That they will open the Presses 5. That they will dissolve this Councel of State threatning so manifest Tyranny 6. That they will severely punish all such as acting upon any Order Ordinance or Act of Parliament shall exceed the power conferred on them After this came forth a second part of Englands new Chaines discovered 125. A second part of Englands New Chains setting forth the hypocrisie and perfidiousnesse of the Councel of the Army and the Grandees in cheating all Interests King Parliament People Souldiers City Agitators Levellers c. which tells you That the Grandees walk by no principles of Honesty or Conscience but as meer Polititians are governed altogether by occasion as they see a possibility of making progress to their Designs which course of theirs they ever termed A waiting upon Providence that under colour of Religion they might deceive the more securely It tells you their intent is to Garrison all great Towns to break the spirits of the People with oppression and poverty It farther Declares that these Grandees judge themselves loose when other men are bound all Obligations are to them Transitory and Ceremonial and that every thing is good and just as it conduceth to their Interests That the Grandees never intended an Agreement of the People but onely to amuse that party whilest they hastily set up a Councell of State to establish their Tyranny that to prepare the way to this they broke the House of Commons took away the House of Lords removed the King by an extrajudiciall way of proceedings and erected such a Court of Justice as had no place in the English Government That the remainder of the House of Commons is become a meer channell through which is conveyed all the Decrees and Determinations of a private Councell of some few Officers All these and the Votes That the Supreme power is in the people and the Supreme Authority in the Commons their Representative were onely in order to their Interests of will and power That they place their security in the divisions of the People That if the present House of
own such prodigious abuses should happen p. 19. It is said The Kings Revenue by a medium of 7 years was yearly 700000 l. The legall and justifiable Revenue of the Crown fell short of 100000 l. per annum I perceive this is all the Account the Common-wealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor do I know what a pruning-hook that phrase legall Revenue may prove But I conceived all that Q. Elizabeth the Kings Father and Himself received had been His Revenue de jure I am sure it was de facto and the Parliament in their Declarations promised to settle a better Revenue upon Him than any of His Ancestors enjoyed neither did this nor any former Parliament complain that His Purse was grown too full or His Revenue too fulsome and if the Committe of the Revenues had enjoyed no more but their own legal and justifiable Revenue so many of the KING'S Servants and Creditors had not starved for want of their own p. 19. They very much aggravate Monopolies Patente and Projects I wonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir John Hypsley Cornelius Holland Laurence Whytakers c. p. 20. 2 Part of Englands New Chains discovered c and the Hunting the Foxes return to s 127. They speak against the Lords Negative Voice but not a word against the Councell of Warres Negative Voice who march up in hostile manner against Parliament and City and secure seclude and drive away 250 Members at one time if they vote any thing contrary to their Interest They speak likewise against the Lords Judiciall power over Commoners but have forgot what unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens p. 21. 1 Part. sect 45. 46 47 48 49 50 51 52 53 54. They excuse their receding from their Declaration of April 1646. they might have minded you of a Vote of a later Date had it made for their turn for Governing the Kingdom by King Lords and Commons To this it is said the King nor Lords could take no advantage thereof being a contract they never consented unto indeed it was never presented to them but I shall ask whether the people may not take advantage thereof for whose satisfaction this was Declared a generall grudge being then amongst them that the Parliament and Army would subvert the ancient Fundamentall Government p. 22 23. They answer an Objection that these great matters ought to be determined in a full House not when many Members are excluded by force and the priviledges so highly broker and those who are permitted to sit do act under a force To this is answered how truly let any man that hath read our Histories tell That few Parliaments have acted but some force or other hath been upon them I wonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledges of Parliament They Answer It will not be charged upon the remaining party or to have been within their power to prevent it or repair it to this I reply that it is doubted the remaining party being the Army party contrived it in their Junto at Somerset-house for p. 23. it is acknowledged they called and appointed the Army for their Guard which was not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before Sect. 24. Farther they say That the safety of the Kingdom ought to be preferred before priviledge of Parliament and that if their House had declined their dutie viz by not Acting they had resigned up all to ruine and confusion from whence should this ruine and confusion come but from their own Army which they perpetuate to eat up the Kingdom and continue their own power and profit and I wonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26. July which day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Judges of the force Treasonable they deny they sit now under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate and Herod were and were called to secure the Members and purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of War Quaere 2 Part of Englands New Chains and the Hunting the Foxes c. Whether they will not be used as uncivilly as the secured Members nay worse by being called to account for cousening the State p. 24. They say There is a cleer consistencie of our Laws with the present Government of a Republique I desire to know who by our Law can call or bold a Parliament but the KING who is Principium Caput Finis Parliamenti who is the fountain of Justice Honour Peace when we have no King who is Conservator of the Laws and Protector of the people where is the Supreme Authority to Vote it in their own case to be in a Representative of 50 or 60 Commons without legall proofs or precedents is to lead Mens reason captive as well as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to whom doth the Subject owe Allegiance and where is the Majesty of England when there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore where by the known Laws no Allegiance is there is no Treason Lastly if our present Laws be so consistent with the Republique I desire to know why they did not Trie the 4 Lords legally at the Common Law by their Peers and Sir John Owen by a Jury of 12 Men of the Neighbourhood according to Magna Charta and other good Laws but were faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as was never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the affairs and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being well known that for about 3. years last pass'd they have boasted That they have many Agents in France who under colour of Merchandise vent Antimonarchicall and Anarchicall Tenents and sow seeds of Popular Liberty amongst the poor Peasants and Huguenots of France which they brag prospered well there their very
declared principles and doctrine of their Pulpits and Army are That they must break the powers of the Earth in pieces Monarchy must down all the world over first in England then this Army must put over and manumit the Peasants of France the Boore of Germany c. And divers of this party have reported That they have supplied the Revolters of France with money their Licenced News-Books are full of this Doctrine and of many Invectives against the Tyranny of the French King 134. Harry Martin's Judgement of the King and Kingly Government Such were their proceedings against the King or rather against Kingly Government which was cut off by the same Axe that murthered the King and was indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate Whether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His person but in his Office 135. The Councel of Officers endeavour to joyn Interest with the Papists in England and Ireland The King had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and willing to joyn with any Interest to make good their design It was proposed at the Councel of Officers That the Papists should raise and pay about 10000 Additional Forces for this Army in recompence whereof all penal Laws concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Under the same notion they endeavoured to joyn Interests with Owen Roe Oneale Owen Roe Oneale that commanded the bloody party of massacring Irish with which they had formerly taxed the King they supplied him with Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir John Winter was taken into imploiment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digbie had a pass to come into England and came as was foretold by a Letter from an Independent Agent for the Army from Paris to an Independent Member of the House of Commons a creature of the Army bearing date 28. Nov. 1648. and printed at the latter end of The true and full Relation of the Officers and Armies forcible seizing of divers eminent Members c. Walter Mountague let forth upon Bail what becomes of this Negotiation and whether those that have played fast and loose with all Interests in the Kingdom have not done the like with the Papists I cannot yet learn This Winter 136. Scarcity of Coals how occasioned and why Coals as well as other things had been at excessive rates in the City whereby many poor perished with cold and hunger what the reason thereof was besides unreasonable Taxes Excise and Souldiers quartering in and neer the City was diversly disputed most men imputed the blame to Sir Arthur Haslerigge Governour of Newcastle who without any publique Authority presumed to lay on a Tax of 4 s. a Chaldron upon the Coals there which is estimated to amount to 50000 l. a year what use that Money was put to was as variously whispered as likewise what design they had in bringing so pinching a want upon the City some said it was to inforce the poorer sort into Tumults and then to charge the wealthier sort with the crime and ensnare them others said it was to cast an odium upon the PRINCE as if His Ships had kept in the Colliers The 23. March 1648. The Commons ordered 137. The Lo. Major ordered to proclaim in person the Act for abolishing the Kingly Office and punished for neglect That the Lord Major of London in person be required to publish and proclaim in the City the aforesaid Act for dissolving Kingly Government and to give an account thereof to the House The Major refusing this service was by the Commons called to the Bar fined 2000 l. committed prisoner to the Tower and outed of his Majoralty and Alderman Andrews a man after their own heart chosen by a few Schismaticks in his place Ordered by the Commons upon a report from the Councel of State that Commissioners he appointed to make Sale of the Kings 138. The Kings Queens and Princes personal Estate ordered to be sold Queens and Princes personal estate upon Inventorie and Apprisal for satisfaction of all just Debts due to well-affected persons Viz. Men of their Faction in this Nation before the beginning of these Wars But first 30000 l. to be taken out of it for the use of this Summers Fleet and that it be referred back to the 40 Hogen Mogens or Councel of State to consider what they think fit to be sold and what they think fit to keep and reserve for the use and furniture of them and their Attendants Observe that by that time this gulph is stopped the whole remainder to be sold for payment of Debts aforesaid may be written with a Cypher 139. Crown Lands shar'd amongst the Godly I hear the House hath given away the Kings House Parks and Honour of Eltham to Sergeant Bradshaw their quondam President Greenwich to Bulstrode Whitlock The Lions Skin is now dividing amongst the party Thus have they killed and taken possession and the Kings Revenue hath proved as ominous to Him as Naboth's Vineyard was to his Master 140. Another Report for an establishment for the Army Diuâ—nal Mar. 30 31. 1649. This day another Report was made to the House from the Committee of the Army of the particular sums to be Monthly levied in each County to make up the whole sum of 90000 l. Monthly for the Armies of England and Ireland besides 20000 l. per mens out of Fee-farm Rents 28 March 1649. The Commons in pursuit of the advice given them by Monsieur Paw 141. An Order that no Preacher meddle with State affairs and according to the example cited by him of the Low Countries Ordered That no Minister in his Pulpit should meddle with any State affairs had this been observed from the beginning these Pulpit-Incendiaries had never kindled a War between the King and Parliament 142. The 5. Lights of Walton About the beginning of Lent last Master Faucet Minister of Walton upon the Thames in Surrey preached in his Parish Church after dinner when he came down out of his Pulpit it was twilight and into the Church came six Souldiers one of them with a Lanthorn in his hand and a Candle burning in it in the other hand they had four Candles not lighted He with the Lanthorn called to the Parishioners to stay a little for he had a Message to them from God and offered to go up into the Pulpit but the Parishioners would not let him then he would have delivered his errand in the Church but there
their Wives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischief that ever was attempted the greatest Treason that ever was committed against the liberties of the People and not to stand any longer in a mix-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councel of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stir not but immediately chuse you a Councel of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the people are like to be beggered and destroyed About this time Master Robert Lockier 151. M. Lockier condemned by a Councel of Warr with his honourable death and burial and Lilburns Letter to the General and five or six other Troopers of Captaine Savages Troop were condemned for a supposed mutiny in behalf of whom Lieut. C. John Lilburne writ this Letter following to the General dated 27. April 1649. May it please your Excellency WE have not yet forgot your Solemne Engagement of June 5. 1647. wherby the Armies Continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement And if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to another and the Ligaments and Bonds of the First were Dissolved and gave place to the Second and under and from the head of their first Station viz By the Will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army For the deniall of the Authority is an Abrogation and Nullment of all Acts Orders or Ordinances by that Authority as to them And upon this Account your Excellency with the Army long proceeded upon the Constitution of a new Councel and Government contrary to all Martial Law and Discipline by whom only the Army engaged to be Ordered in their prosecution of the Ends to wit Their several Rights both as Souldiers and Commoners for which they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-wealth as should be agreed unto by their Councel of Agitators And by vertue and under colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusal to disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your first and second march up to London your late violent Exclusion of the major part of Members out of the House and their Imprisonment without cause c. which can no way be justified from the guilt of the highest Treason but in the accomplishment of a righteous end viz. The enjoyment of the benefit of our Lawes and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other free people and principally your cruell Exercise of Martial Law even to the Sentence and Execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army we cannot but look upon your defection and Apostacy in such dealings as of most dangerous Consequence to all the Laws and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. which with your Excellency in point of duty ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Iustice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troop yesterday by a Court Martial upon the Articles of Warre and sentencing of two of them to death and for no other end as we understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King which declareth That no person ought to be judged by Law Martial except in times of Warre And that all Commissions given to execute Martial Law in time of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then Commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Law in England and there promise to preserve inviolably it and all other the Fundamental Lawes and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident therunto And the Exercise of Martial Law in Ireland in time of Peace was one of the chiefest Articles for which the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or warrantably destroy the Fundamental Liberties and Principles of the Common Law of England It being a Maxim in Law and Reason both that all such Acts and Ordinances are ipso facto null and void in Law and binds not all but ought to be resisted and stood against to the death And if the Supreme Authority may not presume to do this much lesse may You or Your Officers presume thereupon For where Remedy may be had by an ordinary course in Law the Party greived shall never have his recourse to extraordinaries Whence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Justice according to the Lawes and Statutes of the Realme in the times of Peace as now it is and the extraordinary way by Courts Martial in no wise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martial Law it is absolute murder in that General c. Therfore erecting of Martial Law now when all Courts of justice are open and stopping the free current of Law which sufficiently provides for the punishment
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old and New Testament of Moses and Christ to so little purpose Yet the House 18. of May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberty of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please and not otherwise for the Sword and the Purse trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed New Books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enslave us and they would set us free have brought us so far below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait Traps to catch us Woe be to that people whose Rulers set snares to catch them and are amari venatores contra Dominum Men-hunters against God nay to move any Person to stir up the People against their Authority is hereby declared Treason mark the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keeper of the Liberties of England or Councell of State shall extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in this Case of Lylburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands and Wives Brothers and all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his profession Secondly If any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit Great Seale It is declared Treason I wonder it is not Treason to counterfeit their counterfeit coyne Behold here new minted Treasons current in no time and place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our New Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic ju beo it shall be Treason be cause they will call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles * 182. The pretended Parliaments Councel of State and Officers confederated with Oneale See An After-game at Irish c. 1649. and the Propositions pâ—inted at Cork and reprinted at London From June 6. 1649. June 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here and Owen Roe Oneale which is now openly declared and avowed by their own licenced News-books Owen Roe and Colonel Monk are joyned saith the Mâ—dest Narrative our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke saith the Scout Owen Roe and Berne are come towards Col. Jones and Col. M nks Quarters he is so fair as to pay Contribution his Quarters are to the Scots side of Dublin to prevent their giving aid to Ormond in his attempt upon Dublin Moderate Intelligencer from June 7. to 14. 1649. num 221. who can blame necessity nor doe our Grandees now deny this Confederacy with the bloody Popish massacring Rebels although they had the impudence to make the only supposition thereof one of the principal Charges against the late King and to raise a great out-cry against the Marquess of Ormond and Lord Inchiquine for their conjunction with Pr ston yet they joyned but to prevent the Cromwelists who offered to associate with him upon conditions much more prejudicial to the Protestant Religion and English Interests than Ormond hath given them They have offered this Oneale all the Lands in Vlster forfeited by his Grandfather Tyrone Shane Oneale and others attainted thereby destroying the British Planters there and this is the reason they imploy so few old Irish Commanders into those parts lest the Oneals should doubt they came to recover their own lands again But our Atheistical Saints account themselves loose when other men are bound nothing but a halter can hold them all obligations to men all duties and vowes to God See the Councel of Wars Answer concerning the secured and secluded Members from 6. June to 13. num 3. they break upon pretended necessity and honest intentions Their Metropolitan Nuntio Judas Haclet tells you Their Party will not joyn with the bloody Irish until they are brought to such a pinch as to say Flectere sinequeo superos Acheronta movebo If God will not be the Author and Patron of their Designs the Devil shall you see these Independents hang between God and the Devil Michael and the Dragon not resolved which part to take Be it known unto all men by these presents 183. Parker the Observator that Harry Parker the Observator is returned from Hamborough and highly preferred to be Brewers Clerk alias Secretary to Cromwâ—l to whose Designs he hath prostituted his pen. There is lately come forth a Book of John Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Book the Tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied to no obligation to God or man wherein he undertaketh to prove That it is lawful for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due câ—nviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwels Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my self to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turn all his Arguments into Syllogismes and then he will find them to be all Fallacieâ— the froth of wit and fancy not the Dâ—ctates of true and solid Reason 2. That for the Historical or narrative part he would throughly examine them and he will find few of them consonant to the plumb-line of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by their name yet the Persons confederated were then extant and active being a complication of all Antimonarchical Anarchical heresies and sâ—hismes Anabaptists See the Mystery of the two Junto's Presbyterian and Independent Brownists Barrowists Adamites Familists Libertines of all sorts the true Heires and Successors of John of Leyden and Knipperdolling in all their principles aad practices united under the general Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the War against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Withes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there always lay hid some evasion equivocation or mental reservation which like a back-door gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necessitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first General the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Saâ— and others of the like stamp and had a clause in his Commission to forbear the King's Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especial instance Monday 18. June 185. L.C. Lilburns Book The Legal fundamental Liberties of the People c. 1649. came forth that most useful Book of John Lilburns called The Legal fundamental Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Laws Liberties and Property consuming us with illegal Taxes Excise Free-quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamental Government of this Nation in order to which they have complied with and cheated all Interests broken all
their Obligations to God and Man violated all the Laws of this Land their own Protestations Covenants the Oaths of Allegiance Supremacy which themselves caused the People to take and their own Votes Declarations c. The illegality of their late erected High Court of Justice and their unjust proceedings therein the tyranny and usurpation of the Councel of State and Officers of the Army And proveth that Col. Prides new purged new packâ—d House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parliament is cleerly dissolved and ended which he proveth by the Death of the King and by many other solid Arguments and therefore all their Actings to be void and null with many other cosiderable passages where he ingeniously confesseth that being the Kings Prisoner at Oxford with many other of the Parliament Party the King did strictly observe the Laws of the Land in His proceedings against them which this Parliament doth not do in any their most legal proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintain and defend the Laws and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Laws and Liberties 186. Tythes to be Sequestred for the State The Faction are now contriving to seize all the Tythes of the Kingdome into their own hands yet they are the Ministers Freehold and to make all the Ministers their stipendiary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blinde and slavish obedience to our forty Tyrants of the new Councel of State presuming that all our Ministers carry their Consciences in their purses because the Independents do so Look to your wayes Christian Brethren you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God If the Ministers will not parret forth the new States Doctrine to you they shall be starved out of their Pulpits 187. An Adjournment of this pretended Parliament considered of The thing called a Parliament is now likely to have so general a purge as will leave neither life nor soul dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them fitting who may unvote all he hath compelled them to vote hath commanded his Journey-men to think of an Adjournment for some good time that they may take the air and grow wholesome again and then without some dire mischance they never meet more but this Supreme thing hath learned to use so much modesty to their Superiors as to refer it to the Hogens Mogens or Councel of State to consider what Votes and Acts they shall pass beforehand for establishing their Highnesses in their new Dominion And when out of their usurped Supreme Authority they have conferred as much upon the Councel of State as their ambitions aim at they good Boys shall have leave to break up School and go into the Country to see their Friends and visit their Foes that is all such as have full purses to be squeezed Thus you see the method of Divine vengeance observes a Degradation 1. Down went the King and His Authority lapsed into the two Houses 2. Down went the Peers House and all Authority fell down into the Commons House 3. Down goes the House of Commons and the Supreme Authority translates it self into a Councel of State And if my conjecture fail me not 4. Down will go the Councel of State and all Authority be grasped into the iron hands of Campson Gaurus and his Mamaluchy his Councel of War when they shall think fit to Act bare-faced without using a packt peece of a Parliament or Councel of State as a screen or vizard to cozen and befool the people In order to which Government by the Sword 188. Cromwel voted for Ireland with full power Civil and Military Cromwel is voted to go into Ireland with his own confiding Officers and Army with all power Civil and Military for three years what doth this import less than that he is to be K. of Ireland there to practise the first rudiments of Kings-craft and when he hath inured those Semi-barbarians to a Military Government he shall return with his Janisaries and subdue the English to the like obedience In the mean time his property Fairfax shall be under the observation of the Councel of State here and be beleagured both in his own house and Army with Olivers Creatures and in this dishonourable fickle condition he shall have the vain honour to keep Olivers Regalia the Crown sitting upon one side like a Fools Cap upon his head until he return and shall then be called to account for all odious and unfortunate accidents that shall happen for it is not for the Majesty of Oliver to bear the blame although they fall out by Cromwell's own oversights or Gods anger upon him thus Cromwell's shadow being removed himself may take substantial and actual possession of the Throne which he already enjoyes in all things but the Title And then let all true Saints and Subjects cry out with me God save K. Oliver and his brewing Vessels The Junto of Titular Supremists at Westminster especially so many as have not packt themselves into the Councel of State are very unwilling to quit their long-held Dominion 189. 13 Bills injoyned to be passed by the Commons before Adjournment and submit to their own Bastard-brood The Lords States at White-hall but there is no remedy Oliver is resolved to unyoke his Cattel and turn them to grass he knows they may unvote all they have voted at his Command if during his absence in Ireland or Scotland rather a new emergent power should overawe them the present fear being alwaies most terrible to Cowards But the Councel of State hath set them their task which they must speedily perform before they Adjourn consisting of 13 Points 1. That all Acts concerning the Loans of Monies Excise Sequestrations Goldsmiths-hall Haberdashers-hall Assesments for England and Ireland be passed These reprobate Saints will sooner forget their God than their Mammon money You see they mean to perpetuate our burthens as well as their own Army and domineer over us with an arbitrary military tyranny for ever 2. That an Act be passed for setling the Militia of the Nation This amounts to a new-invented Commission of Array lawful for usurping Saints though not for a lawful King by vertue of which the scum and dregs of the people base enough to associate with the Army shall be Armed all men of quality and fortunes unless such as owe their fortunes to their crimes dis-armed 3. Against exporting Wooll and Fullers Earth Unless it be for the benefit of the Saints 4. To prohibit exportation of Gold and Silver The Saints have exported all our Gold already and most of our Silver and will never give over the Trade
themselves though they prohibit others But Gold and Silver are drawn out of Mines Royal and belong to the Saints by their Prerogative 5. An Act to be passed for punishment of Revolted Sea-men and Mariners None against traiterous tyrannous theevish Saints 6. An Act for relief of wel-affected Tenants against Malignant Land-lords who have compounded for their Estates rack their Tenants Rents or turn them out of doors This is a device First to make work for such Members as not being of the Councel of State would become as contemptible as they are hateful being devested of all power to play the Tyrants after Adjournment And secondly to stir up all the Tenants of England especially Schismaticks to combine with them against their Land-lords and deprive them of the legal use of their Estates and the benefit of their Compositions for to what purpose shall Gentlemen compound for their Estates when they must let and set them at the discretion of domineering Committees or Commissioners conspiring with the high Shoos to oppress make a prey of enslave and unspirit all the Nobility and Gentry of England here aimed at under the general Title of Malignants Oh perfidious Tyrants keep your money Gentlemen or turn it into Iron and Gun-powder 7. An Act to suppress Malignant Pamphlets aspersing the present proceedings of the Parliament Councel of State and the Army and prevent Printing as much as may be This is to set truth in the pillory whilst her counterfeit impudent lying and slandering sits in state in Parliament Councel of State and Councel of Officers and rides triumphantly Coached into the City to Thansgiving Devotions and Dinners 8. That the Pulpits being as scandalous as the Press against their proceedings they enjoyn that a more strict course be taken to stop the mouthes of the Preachers hereafter You see how Ahab-like these Subverters of Church and Common-wealth 1 King 18.17 accuse our Prophets for troubling our Israel being their own sin and seek occasion to bring a spiritual as well as a corporal famine upon the Land cutting off the staff of bread as well from our souls as bodies by stopping the mouths of Gods Ministers But I hope they will remember the duty they owe to the honour of him that sent them upon his Embassage to his people and fearing God more than Man every man cry out to his own soul and conscience with S. Paul 1 Cor. 9.16 Vae mihi si non praedicavero Woe be to me if I do not Preach 9. That an Act be passed that that clause of the Stat. 23. Eliz. 25. Eliz. 1 Jac. against Sectaries should be repealed that none may be questioned thereby in the vacancy of Parl. What is this but to pray in aid of Turks Jewes Anabaptists of Munster nay the Devil himself to joyn with them as they have already joyned with Owen Roe Oneale and his bloody massacring Irish Papists against the Protestant Religion which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning See Sect. 184. the Marginal notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the Kingdom of these bloody cheating Saints in all things else we are meer and absolute slaves 10. That an Act for a General Pardon be passed to all Persons except such as are particularly named therein and declaring no Pardon to any that shall for the future raise War in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villanies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befool silly weak-spirited people with general words of a Pardon which shall be made ineffectual by many exceptions and limitations 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councel of State and therefore all Pardons to such Attemptors are before-hand declared against This with them is as a sin against the Holy Ghost unpardonable to deny their Supreme Arbitrary Authority 11. That the Act for relief of poor Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a relief to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdom be made liable to the vexation of a covetous Committee who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men if they will not sacrifice their purses to the Foh-Gods of the new State and be bountiful to the Committee which is the full scope of this Proposition 12. That the Souldiers may be secured their Arreares out of the late Kings Lands This is to tie all the Souldiery by the purse-strings which is Saints Tenure to make good that horrid trayterous Murther 13. That an Act be passed for Probate of Wills Granting Administrations and investing of Ministers presented These lunatique Saints should have thought upon a new way to be set up before they throw down the old one and not have left men in an uncertainty how to dispose of their Estates and a Justitium a vacancy of Justice upon the Kingdom you see what Mountebanks our new State-Juglers are The good Boyes began to learn these Lessons upon Monday 25. June 190. Things undertaken by the Councel of State during the Recess The Councel of State likewise reported to their said Free-School of Commons several things which they in order to their future greatness would put into a way during the Recess against the Houses next meeting when two Sundays come together 1. That Commissioners be appointed in every County to make an estimate of all Tythes to the end they may be taken away for the future and some other provision designed for Ministers This is a whip and a Bell to lash Ministers to Preach State-Divinity 2. That the Councel of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shal think fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers well-affected to the Parl. they will never be dissolved without the help of a Hangman But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councel of State and usurping Regal power shall take upon them to abolish our ancient form of Parliaments contrary to the fundamental Laws of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Laws Liberties Lives and Estates against the consent of the far major part of the people 3. That they shall consider of an Act for regulating proceedings in Law and prevent tediousness of Suits There are too many
annum out of Newcastle Coles for which he was many Months kept out of the House and at last admitted onely to comply with the Faction and his said Monopoly continued Sir Henry Haymonde and two Sons of the Earl of Pembroke were received This was thought very unreasonable that so many Gentlemen either kept out or driven away by force should by a far less number sitting and acting under the same force be sent to attend a Committee to stand with their Hatts off to Holland Scott c. and be examined and expelled for giving their Votes Yea or No in the House according to their Consciences This was to subvert the Liberty of all Parliaments for the future and to make this House which calls it self a Parliament a meer packed Junto to carry on forelaid Designs Besides to expect they should approve all that the sitting Party in the House had done in the absence of these non-sitting Members who neither heard the Debate nor reasons whereupon they grounded their Votes against the King and House of Peers nor for the abolishing Monarchy and turning it into a Free-state erecting a Councel of State for that purpose voting the Supreme Authority to be in themselves and many other matters of the like high nature which have no place in the Laws of England was such an imposition as neither agreed with the known Parliament Priviledges Liberty of Conscience so loudly professed by these sanctified Members which sit nor with humane reason and sense And at last to sit under those Armed Guards that put a force upon them the 6. Decemb. before promised as little of safety unless they would renounce their own Consciences and Act the wills of their Janisaries and their Party and would render them contemptible to all the world especially to those men who put this insolency upon them I formerly told you how unwilling the Members were to adjourn and resign their more than Kingly Power to the Councel of State 168. Articles of Impeachment against the Speaker wherefore Cromwel finding he could not obtain that of them by a Vote projected another way to work his Design not the old way of a violent purge by securing and secluding the Members with his Myrmidons that is already infamous Note that Oliver before he left the Town erected a Committee of Officers of the Army to prosecute and bring to punishment grand Delinquents This is a new kinde of Star-Chamber oâ— military Nobles held like a Rod over the Mock-Parliament Councel of State and the General in case they shall oppose Olivers Designs and would savour too grosly of the Power of the Sword and would shew Oliver to be rather a Quack-salving Doctor of Physick than a Doctor of the Civil Law He caused the Officers therefore to frame certain Articles of Impeachment against Mr. Lenthal their Spearker as followeth 1. FOr releasing out of New-gate three of the Queens Priests and Jesuits by his Warrant 2. For maintaining and protecting several Spies and Agents for the late King within the Line of Communication during the late War 3. For conveying divers remarkable prisoners of War out of the Line of Communication unto the late King 4. For assisting and protecting several Plotters on the behalf of the late King to destroy the City of London 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication wittingly and willingly 6. For sending Horses of War with Men and Arms to the late King 7. For holding an intercourse of Letters with the late King 8. For maintaining and keeping an Agent in the Garrison of Oxford for expediting the foregoing Treacheries 9. For corrupting many Members of the Parliament some lately excluded and some now sitting in the House to conceal and smother the foreging Treacheries 10. For endeavouring to take away the Lives of several the Prosecutors and Witnesses unto the foregoing Treacheries You see there is not one word in them of Cousening the Commonwealth which is now become the Private wealth of every particular Saint because this would have broken universally the whole communion of Saints and would have set them all together by the ears to defend themselves by recriminating one another The device was by taking off the Speaker to Dissolve them since they cannot by the Priviledges of the House chuse themselves a new Speaker without the consent of a power higher than their own to wit the Kings and though they will be so much Masters of their own Priviledges as to coyn new every day upon emergent occasions yet those irregularities are alwayes done under the power and protection of the Sword which they could not expect against their own Visier Basha Oliver This trick being smelt out was so highly resented that it perished in the birth only I hear the Speaker bled in private 15000 l. towards Olivers expedition 199. 50000 l Adâ—nce mony â—r Cromwels â—xpedition All the sinks of tyranny and oppression about the Town the Committee of the Revenue Goldsmiths hall Haberdashers hall the Excise Office c. are all emptied into that Common-Sewer Olivers expedition into Ireland or rather Scotland or engaged as a security to furnish him with 150000. part whereof onely he is accountable for the residue is left to his discretion and conscience to buy Towns and Victories with and to be offered upon an Altar to be erected Deo ignoto At Olivers request the House admitted Sir Edward Ford to compound upon the Articles of Oxon notwithstanding his lapse of time Forde married Ireton's Sister and the Lord Culpepper's Son married Forde's Daughter Observe how the General is lessened to advance Cromwel 1. The Command oâ—â—e Irish Forces taken from him and Cromwel sent with a Higher power than ever any went with into that Nation 2. All Souldiers that will are enabled to leave their Regiments and List under Cromwel so that the discontented and Levelling Party onely are left under the command of Fairfax Col. Martin's Accounts brought into the House 3. July 200. More Gifts to the Godly 1649. his Arrears came to 25000 l. and 1000 l. per ann Land ordered to be setled upon him and his Heirs The Lord Gray of Grooby's Arrears for the last Summer only against Duke Hamilton 1500 l. These things considered I cannot wonder at the Petition presented to the General by Captain Jubbs in the name of Col. Husâ—n's Regiment about July 6. wherein amongst other things they complain The Moderate from July 3. to July 10. 1649. That the House doe weekly bestow 1000 l. per an upon themselves out of the publique Treasury of the Nation when as the Souldiers wants are great and all the people are in great necessity As if the dividing of the Army 201. Endeavors to lessen the General and putting the most confiding men under Cromwel the taking the whole command of Ireland from the General and conferring it upon Cromwel the drawing dry all Treasuries of Money to furnish Cromwel
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
without Order 60000 l. a month was thought abundantly sufficient to pay the Army and take off Free-quarter And why this Tax should now be raised to 90000 l. a month when sundry Regiments of it are Assigned for Ireland and yet Free-quarter continued is a mystery of Iniquity which fills the Saints pockets with Mony and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forreign Invasions than a Mercinary Army Therefore there is neither necessity nor publick utility in keeping up this Army or raising Taxes to maintain them or pay their pretended Arrears The Free-quarter they have taken in kinde and leavied in money will treble their Arrears and make them much indebted to the Country Thus far and much farther Master Pryn whose whole Book at large I commend to all mens serious perusal The Marquess of Ormond's happy atchievments in Ireland beginning to look formidably 204. Cromwel sets sail for Ireland had cooled the heat of K. Oliver's courage though not of his Liver insomuch that he and his intimate friends began to project how without loss of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delays were used in Shipping his Men. Haslerig and his Party reported great terrours from Scotland Oliver and his Blood-hounds of the Faction made a shift to smell out a silly Plot in Dorsetshire for surprisal of Weymouth and Portland for the KING now laughed at and exploded by their own News-books And the tender-conscienced Brethren were prompted to apprehend their own dangers and put into a Petitioning posture That such a Worthy of Israel such a chosen Instrument of Gods mercy might not in a time of danger leave the Land of his Nativity the Habitation of the Saints to seek forraign adventures in a Heathen Land Whilst these preparations were making to withdraw Olivers stake he appeared not openly in them but making more shew of the Lions skin than the Foxes had written to Col. Jones how heartless his Souldiers were and that unless Jones did by some successeful Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chessenuts out of the fire with the Cats foot to take a presage of his own successe at Col. Jones hazard Jones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the news first came to Town the Lion is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sin or at least without imputation of sin for the good Cause either in Re or in modo Rei in the matter or manner in the thing or the extent thereof yet this success was enough to invite Cromwel over to pursue the Victory and partake of the spoils if not to usurp the whole Honour of the Atchievment to himself by his accustomed special prerogative So upon the 16 or 17. of August K. Nol set sail towards his new Principality carrying contrary to the custome of the Sea his Lanthorn in his Proawe not in his Poop where we will leave him for the present to his adventures 205. The Association between O Neale and C. Monck See the Paper at large I have formerly hinted to you the Agreement made between Colonel Monck in behalf of the Parliament of England and Owen Roe O Neale the massacring Irish Rebel I have now occasion to speak more at large of it and examine the truth of a Paper called The true state of the Transactions of Col. George Monck with Owen Roe Oneale as it was reported to the Parliament by the Councel of State c. Printed by Edward Husbands 15. August 1649. The said agreement made between the Antimonarchical Independent Party in Ireland and the massacring Antimonarchical Popish party under Owen Roe O Neale being a meer conspiracy to root out Monarchy and Protestancy first in Ireland and then in England and a second crucifying of Christ in his members between two Thieves the Schismatick and the Papist was so generally abhorred by the English Souldiery that many there took occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwel in so wicked an expedition Wherefore Cromwel writ Letters to his Creatures of the Councel of State by Monck himself complaining how much the miscarriage of that Agreement had retarded his said Voyage desiring them for satisfaction of the Souldiery and People to Treat with Monck to take the whole businesse upon himself and to clear the Councel of State the Parliament and Cromwel himself from having any hand at all in it which upon Terms of safety and advantage he said he already found him inclinable to do The better to carry on the scene this Agreement was with much heat of zeal complained of in the Apocryphal House of Commons by a Brother who had his cue before-hand and by the Juncto was referred to the Councel of State as was forelaid where their High and Mightinesses after some private conference with Monck to accommodate the business voted their dislike of it Scot having studied the Politiques in a Brewers Tally is become a great States-man in our new Babel See the said Paper The true state c. Bradshaw reprehending Monck in jest therefore And at last they Ordered That the whole business with Moncks Reasons for his justification should be reported by Thomas Scot to the House of Commons which was accordingly done Upon Friday 10. August Monck was called in to the Bar where amongst other things the Speaker asked him What Persons he meant in his Letter to the L. Lievtenant of Ireland wherein he saith He made the Agreement with O Neale with the advice of some others Monk answered that he did it upon his own score without advice of any other person onely having discourse with Colonel Jones Jones told him if he could keep Owen Roe and Ormond from joyning it would be a good service This Answer such as it is was taken for satisfactory in so Comick an Interlude The next demand was Whether he had any Advice or Directions from the Parliament Councel of State Lord Lievtenant of Ireland or any other Person here to do the same which he did expresly deny saying he did it upon his own score Hereupon the House voted as followeth Resolved c. That the House doth utterly disapprove of the proceedings of Col. Monck in the Treaty and Cessation as they please to call it made between him and Owen Roe O Neal and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there who have had their hands in shedding English blood Nevertheless the House being satisfied that what the said Col. Monk did therein was in his apprehension necessary for the preservation of the Parliament of Englands Interest
goes on with the Relation of the said Treaty and Agreement but conceals what farther Transactions passed between Monke and O Neal upon the last recited Propositions Wherefore I shall be bold to continue the Story of a paper The Story of the father Transactions between O Neale and Monke continued and enlarged out of the Propositions printed at Cork entituled The Propositions of Owen Roe O Neal sent to Col. Monke and a Cessation for three Months concluded between them Together with a Letter thereupon sent by a Gentleman at Dundalk to his Friend at Cork Printed at Cork 1649. The last recited Propositions were sent to Monke 25. day of April 1649. who perused them and made some considerable Alterations in them as appears by Monks Letter of Answer thereupon to Owen O Neale dated from Dundalke 26. April 1649. as I finde it in the said paper printed at Cork in these words SIR I Have received yours of the 25. April and I have seen your Order given to Captain Hugh Mac Patricke Mac Mahon to Treat and conclude a peace with me in the behalf of your self and the Forces under your Command I have perused your Propositions and conceiving there are some particulars in them which at first view the Parliament of England may scruple to grant I have made a small alteration in some of them being well assured by it you will not receive the least disadvantage but it will rather prove a means to beget an increase of their good opinion towards you and your party which I believe your reality fidelity and action in their Service will sufficiently merit and in case you approve of them as I have revised and altered them I desire you to send them to me Signed and Sealed by you that I may present them to the Parliament of England to obtain their favourable Answer in return of them And in the mean time I desire that according to this inclosed paper three Months Cessation between us to be condescended unto and inviolably kept between our Forces during the same time Dundalk 26. April 1649. George Monke 1. Observations upon Monks letter 1. Col. Monke in his said Letter to O Neale 26. April answereth him 1. That he had perused his Propositions and conceiving there are some particulars which at first view the Parliament of England may scruple to grant c. A gentle phrase to nourish hopes in O Neale even of obtaining all his Demands if need be upon debate and deliberation though not at first view That he hath made a small alteration in some of them I confess very small being well assured he should not receive the least disadvantage by it c. From whom had Monke this Assurance unless from those Men by whose Authority and Directions private or publick he presumed to Treat with that Enemy he was Commissioned to fight with and whose Names he doth conceal That it yeilding to Mâ—nks amendments would rather prove a means to beget an increase of their the Parliaments good opinion of Owen Roe O Neale and his party c. It should seem then the Parliament had entertained a good opinion of O Neale and his party before hand for every thing must have a being before it can have an increase of being In case you approve of them the amended Articles I desire you to send them to be signed and sealed by you that I may present them to the Parliament of England to obtain their favourable Answer in return of them c. You see all Monke did was in reference to the Parliaments ratification and therefore reason tells us the Parliament was originally privy to the Treaty It is not likely Monke should Treat upon his own head and abruptly send the result of the Treaty to be confirmed by the Parliament without any warning foregoing to prepare them 2. Observations upon the Propositions amended See the said Paper printed at Corke especially Monks Letter O Neale sent his Letter and Propositions to Monke Dated 25. April 1649. Monke answered his Letter and corrected O Neales Proposition the day after being the 26. April And the last mentioned Propositions of Gen. Owen O Neal the Lords Gentry and Commons of the Confederate Catholiques of Vlster c. as well as the first mentioned Articles for three Months Cessation c. bear Date 8. May 1649. which I conceive to be the Date given them when they were ratified by the Parliament or Councel of State See the said Paper The true state of the Transactions c. Then follows A second Copie of Owen Roe Oneales Propositions as they were corrected by Col. Monck Paper printed at Cork and sont to Oneale to be subseribed And then sent by Monck to the Parliament to be granted as followeth verbatim 1. INprimis That such as shall joyn with General O-Neal in the Service of the Parliament of England in this Kingdome may have Liberty of Conscience for themselves and their issue 2. The said General O Neale desireth an Act of Oblivion be passed to extend to all and every of his Party for all things done since the beginning of the Year 1641. 3. They desire that General O Neale be provided for a competent Command in the Army befitting his worth place and qualitie 4. They desire that they may enjoy all those Lands that were in their possession at the beginning of this War for themselves and Heirs during their fidelity to the Interest of England 5. That all incapacity inhability distrust hitherto by Act of State or otherwise against the said Party be taken off 6. That on both sides all Jealousies hate and aversion be laid aside unity love and amity renewed and practised between both Parties 7. That Gen. O Neale may be restored and put in possession of his Ancestors Estate or some other Estate equivalent to it in regard of his merit and the good Service that he shall perform in the Parliament of Englands Service in the preservation of their Interest in this Kingdom 8. That the Army belonging to the Gen. O Neale and his Party be provided for in all points as the rest of the Army shall be 9. That the said Party be provided with and possessed of a convenient Sea-port in the Province of Ulster See the Date in The true state of Transactions c. It seems to be 8. May 1649. And I do upon receiving a Confirmation of those Desires undertake and promise in the behalf of my self and the whole Party under my Command faithfully firmly to adhere to the Parliament of Englands Service in this Kingdom and to maintain their Interest hereafter with the hazard of our Lives and Estates against all Opposers whatsoever Given under my Hand and Seal In the said Paper printed at Corke is also contained A Letter from a Gentleman in Dundalke dated May 20. 1649. which take kere verbatim that you may see what opinion Men there upon the place had of that business at Corke in Munster To my
worthy Friend SIR YOu may wonder my Obligations being so great towards you that my returns of acknowledgment should be so seldom as they have been but you must know there is no defect in my desires to be at your eares often 't is only the preservation of my Liberty and Safety in these parts that makes me forbear the frequencie of such intercourses I am confident these Letters this Messenger and the inclosed papers which I here send you containing a true Copie of the Propositions and Letters of Agreement between Owen Roe O Neale and Col. George Monck will be able to give you some account of the passages in these parts and will make you assured that I do not forget the respects I owe unto you I must confess to you that as you ever conceived I never could imagine that the Parliament proceedings would have advanced to so high a degree of rage and wickedness as I see now they are come to and are resolved to act by but being amazed at the KING'S Murther and seeing the Gangrene doth so cruelly spread I will impart to you my resolution That I am resolved to get into your parts with the first conveniency and adhere to you there whose actions are more conducing to the preservation of our Religion Law and common Interest than any where else that I can find But that this my so sudden resolution may not be conceived the fruit of some vain fear miscarriage in my self or light desires to abandon my former principles I shall give you a right understanding of all the motions and passages of my soul since I was acquainted with this late Treaty between Col. Monck and Owen Roe O Neal that thereby you may judge of the ground of these my Designs and distastes and my resolutions taken thereupon And before I consider the particulars of the Treaty the thing it self is so odious to me that if they could have made the best bargain to be imagined for the English Safety the manner of it would have appeared to me very unsavoury For although it cannot be denied that almost the whole Irish Party in regard of their Confederacies and Combinations have not been innocent in all particulars of that vast Ocean of English Blood that hath been shed yet it is most clear that the Plotters and Contrivers of this Treason and the unnatural and butcherly Executioners thereof are that Party principally which are now Headed by Owen O Neale for although many of the pale with others of Conaught Leinster and Munster entertained the Designe when they saw it was so far spread and the English so much weakned in their persons and possessions yet it cannot be denied but this Kingdom had still many moderate-minded Men that loathed their Countrymens barbarity and could never be drawn to adhere to their Party in their least consent Now for the Parliament Agents to gather up these Men and these onely that have been drunk with the blood of their Brethren and to fortifie them with Arms Councels and conjunction of Forces that thereby they may preserve to themselves the Triumphs of their Cruelty and Treachery and to lap them up in their affections with promises of reward if they will persevere to act with them the ruine of the KING and Monarchy the destruction of the remnant of the English Protestants and the ancient Irish who have now declared their Loyalty and submitted to and consociated with them are things that I much loath and can no way embrace Besides if you consider the passages of the Treaty you will easily be drawn I suppose to cast away your former entertained scruples and not condemn me for being out of love with mine 1. For first The Title to Owen Roes Proposâ—tions excludes all other of his Nation but such as will joyn with him though they be far more capable of peace pardon than himself or his party 2. He and his party who in a late paper of theirs stiled the Parliament of England Monstrosum Parliamentum the monstrous Parliament when as then it had not besmeared it self with Royal Sacred and Noble Blood as since it hath done yet now where he sees them act like himself he hath taught his tongue to quaver and calls them The most Honourable and Potent Parliament when all Honour is persecuted by them and no power exercised by them but brutish violence and extream tyrannie 3. In the second Proposition That an Act of Oblivion be passed to extend to all and every of Owen O Neales party for all things done since the Year 1641. You shall find that Monck approves of it totally without the least reserve of punishment to any the most bloody plotters and Murtherers whatsoever that are in that Crew which makes me more in love with my Lord of Ormonds peace than I was before 4. It is propounded by Owen Roe and approved by Monke That he shall have a Sea-port to himself to make use of for the perfecting of his designs when as we hear the least Traffick will not be allowed to you in Munster 5. Although Col. Monk do a little pare his Propositions concerning the Repealing of Statutes against Roman Catholicks since Hen. 8. lest he should offend the people And though he do not absolutely undertake to grant him his Ancestors Lands which when he is once stiled O Neale he will challenge to be the six escheated Counties yet by Monkes Letter he is assured that he shall not receive the least disadvantage thereby All which directions councels and assurances I am confident Col. Monke would not have used towards him if he had not had a Parliament foundation to warrant it Thus you see these Men who lately were utter Enemies have confederated together to ruine Monarchy and the Protestant Religion meerly to raise themselves and support their own Faction They will not here allow the King to make use of his own Subjects to revenge His Fathers blood to Re-inthrone Himself to re-establish Religion and the Laws and the just Liberties and yet they allow themselves a latitude of calling in any party though the most bloody and inhumane to assist them in the carrying on their wicked Designs We have seen Col. Jones his Letters censuring the Lord of Ormond for joyning the Irish to his party though the best and least culpable of them and yet the same Jones whose head and hand is in this Treaty and Conclusion thinks it allowable in himself to close with the worst and that upon his own termes And though Col. Monkes hypocrisie in correcting Owen O Neales 7. Article will not allow that unity and amity shall be publickly proclaimed between them yet he is willing it shall be practised and they shall mutually assist one another against all Opposers whatsoever that is the King and all in Authority under Him The consideration of these things hath left such an impression upon my soul that I am resolved to make speed to you no way desiring to live under their Commands whose
to Coote professing much affection to the Parliament of England and an earnest desire to maintain their Interest c. which is his own Interest you may remember that this bloody Rebel O Neale heretofore when the Parliament was not half so corrupt as now stiled it Monstrâ—sum Parliamentum the Parliament of Monsters but now that he sees them act his way and concur with him to destroy Monarchy and Protestancy he stiles them The Honourable Parliament aids and affects them 2. The 14. August Sir Charles Coote informes that he hath found O Neale and his Army very punctual and faithful in all their Promises and Engagements and he makes no doubt but they will continue so unto the end c. The reason is becruse they aym all at one end and interest Subversion of Monarchy and Protestancy and go one way to effect it by a Conjunction of Forces and Councels 3. The 16. August that O Neale in his Express to Coote enclosed some Letters he had received from Monck and amongst the rest a â—opie of a Letter from Monck in Answer to a Letter of the Lord Inchiquine charging Monck with joyning with O Neale and his Party wherein Monck insinuated as if Oneale's submission to use the Parliaments Power were already accepted by them c. Monck needed not insinuate it but might have spoken it plainly as he hath done to sundry of his Friends in England who reprehended him for joyning with O Neale to whom he Answered That he had the Authority of his Superiors to warrant his doings therein But this was before he went to Milford-haven to Cromwel who then taught him the art of Cromwellizing to carry on their design Why did they cry out upon King Charls I. upon a surmise that He used the help of the more innocent Irish Papists being His own Subjects under His Allegiance and Protection but we find the Godly are above all laws 4. The 15. August Coote's Letter to justifie his doings delivers a piece of Doctrine to the Councel of State the Use whereof they were very perfect in before viz. Calling to minde that it is no new thing for the most wise God to make use of wicked Instruments to bring about a good Designe for the advancement of his glory c. This Casuist in Buff had forgotten That we must not doe evil that good may come thereof and that both the just and the unjust the righteous and the unrighteous man being all of Gods Creation and making he hath the same prerogative over them all jure creationis that a Potter hath over his pots he may use them and doe with them what seemeth best to his most holy will and it is therefore good holy just because he willeth it His Divine pleasure being the rule and Standard of goodness holiness justice Mistake me not I doe not mean his bare providence or permissive will which no man can take notice of and Traytors Tyrants Thieves and Reprobate Saints execute and boast of to their own assured damnation Therefore Gods imploying wicked Instruments can be no president for our Alchimy Saints to do the like unless Cromwels * Councel of Officers of State and Parliament three Juntoes and Faction will usurp Gods prerogative as they have done the Kings 5. The 15. August the Letter saith that Coote called a Councel of War and resolved It was better to accept of the assistance of those who proclamed themselves Friends to us and the Interest we fight for c. Here you see O Neales bloody Party and those Parliament Champions united and friendly conspiring to uphold one Common Interest which can be nothing but the downfal of Monarchy and Protestancy 6. The 15. August the Letter further saith that we Coote and his Councel of War added to the Article this wary Proviso not to use their assistance longer than the approbation of the State of England should goe along with us therein c. It should seem by this wariness that for the time they had used their help which was ever since the 22. of May last the approbation of the said State as they call it hath gone along therewith And for the time they mean to use their assistance hereafter it is left indefinite no longer than the approbation of the State shall goe along with us therein which may happily be until Dooms-day notwithstanding the Order Dated the 24. August 1649. voting That their Vote of the 10. August in the Case of Col. Monck be communicated to Sir Ch. Coote as the Resolution of the House c. For who knows whether the Copies of that Vote may miscarry or be stayed by the way either accidentally or purposely 7. The 14. August the Letter saith See Monk's Letter of Answer to O Neale Dated 26. April 1649. from Dundalk contained in the last foregoing Section but one See tie said Paper entituled The Propositions of Owen Roe O Neale sent to Col. Monck c. Printed at Cork 1649. O Neale was pleased to communicate to him certain Proposals which he saith were long since transmitied into England to the Parliament by Col. Monck and though for his own part and the prime Officers with him these are privy to the secret carriage of the businesse and therefore may well be satisfied with what is done already they do not doubt but the Proposals are already yielded to by the State yet in regard their Army and Party in all other parts of the Kingdome these are ignorant of the juggle and causes thereof cannot be satisfied therewith until the Parliament be pleased to declare themselves more publiquely therein it should seem they have done it privately already for satisfaction of O Neale and his said prime Officers he hath therefore desired me humbly to intraat your Lordships to declare your resolutions therein with as much speed as may be Here you see O Neale and his prime Officers who know the juggle satisfied already with a private confirmation of the Articles But to satisfie the rest of his Army and Party to whom this mystery is not yet revealed a publick Declaration thereof is desired that they may unanimously and cheerfully endeavour the preservation of the Parliaments Interest The Articles of Agrement between O Neale and Coote conclude clearly a League or War Offensive and Defensive against the Enemies of both or either until a more absolute Agreement be made and condescended unto by the Parliament of England This more absolute Agreement is now agitation and private Directions sent to Coote how to behave himself in the Transaction thereof See the 1 Vote die veneris 24. Aug. 1649. See the Relation of the Transactions between Sir Charles Coote and Owen Roe O Neale printed by Order 28. Aug. 1649. The Votes upon these Letters and Articles were two Upon part in the first Vote I have observed something already in the 6. branch of this Section viz. that their Votes of the 10. Aug. in Case of Col. Monck be communicated
to Coote and a Direction for him how to behave himself in the Transaction between him and Owen Roe O Neale this Transaction is called in the Articles ut supra a more absolute Agreement These Letters Articles and Votes being Apologetically published for satisfaction of the Souldiery and People it had been fit to have communicated the said Directions also to the Trustors and Soveraign Lords the People that they might have seen fair play above board and not to have sent clandestine Directions to Coote in so suspitious a business how to behave himself in the Transaction with O Neal which implies the said Transaction shall be continued and may be compleated the rather for that their second Vote saith The House is well satisfied of the diligence faithfulness and integrity of Sir Charles Coote in preserving the Garrisâ—n of London-Derry now it was preserved by his said Conjunction with O Neale who raised the Siege 208. The Levellers vindicated or The Case of the twelve Troops c. About this time came forth a Book called The Levellers vindicated or The Case of the 12. Troops which by Treachery in a Treaty were lately surprized at Burford Subscribed by Six Officers in the name of many more Wherein p. 2. they say That under colour of the Armies solemn Engagement at New-market and Triplo-heath June 5. 1647. and many other their Declarations Promises and Protestations in pursuance thereof which Engagement they affirm against their Preaching Coronet Denne was never retracted by any General Councel of the Army nor upon any Petition of the Souldiers nor their Agitators ever by them recalled or dismissed The whole Fabrick of this Commonwealth is fallen into the grossest and vilest Tyranny that ever Englishmen groaned under all their Laws Rights Lives Liberties and properties wholly subdued to the boundless wills of some deceitful Persons having devolved the whole Magistracy of England into their Martial Domination c. Pag. 7. They say That the Souldiers Paper-Debentures are good for nothing but to sell to Parliament men for 3 s. or 4 s. in the pound which they are forced to sell them for to keep them from starving because they will not pay one penny Arrears to such as they put out of the Army any otherwaies that so they may rob the Souldiers of their Seven years Service and make themselves and their Adherents Purchasers of the Kings Lands for little or nothing and for ought appears the Money they buy these Debenters with is the Money the Nation can have no Account of That they have dealt as basely with other Souldiers who never resisted their Commands 1. They turned them off with only two months pay 2. They have taken away three parts of their Arrears for Free-quarter without satisfaction to the Country And at last force them to sell their Debentures at the aforesaid rates that those Souldies that are continued in Arms shall fare no better when they have served their turns with them Pag. 10. they say Their Engagement against the King was not out of any Personal enmity but simply against his Oppressions and Tyranny on the people but the use and advantage on all the success God hath been pleased to give us is perverted to that end that by his removal the ruling Sword-men might intrude into his Throne set up a Martial Monarchy more cruel arbitrary and tyrannical than England ever tasted of and that under the notion of a Free-State when as the people had no share at all in the constitution thereof but by the treachery and falseness of the Lievtenant General Cromwel and his Son in Law Ireton with their Faction was enforced obtruded by meer Conquest on the people And a little after now rather than to be thus vassalized thus trampled and trâ—d under foot by such as over our backs have stepped into the Chair of this hateful Kingship over us in despight of the consent choice and allowance of the Free-people of this Land the true fountain and original of all just Power as their Votes against Kingly Government confess we will chuse subjection to the Prince chusing rather ten thousand times to be his Slaves than theirs c. Pag. 11. They Vote and Declare The People the Supreme Power the Original of all just Authority pretend the promotion of the Agreement of the People stile this The first year of Englands Freedome entitle the Government A Free State and yet none more bloody violent and perverse Enemies thereto for not under pains of death and confiscation of Lands and Goods may any man challenge or promote those Rights of the Nation so lately pretended by themselves Nothing but their boundless lawless wills their naked Swords Armies Arms is now Law in England c. 209. Col. Morrice Governour of Pontefract for the King Endicted at the Assizes at Yorke condemned and executed 16. August 1649. Col. Morrice who kept Pontefract Castle for the King was Endicted before Judge Thorpe and Pulleston at Yorke Assizes upon the Stat. 25. Edw. 3. for leavying War against the late King and Parliament The Colonel challenged one Brook Forerman of the Jury for being his professed Enemy but the Court knowing Brook to be the principal Verb the Key of their work answered Morrice He spake too late Brooks was sworn already Brook being asked the Question whether hee were sworn or no replied he had not yet kissed the Book The Court answered It was no matter that was but a Ceremony alleadging he was recorded Sworn there was no speaking against a Record Sure they made great haste to record him sworn before he could kiss the Book so Brooke was kept in upon this cavil by whose obstinacy Morrice was condemned I cannot wonder that legal Forms and Ceremonies are laid by although justice cannot subsist without those Legalities to ascertain her proceedings which otherwaies would be left at large to the discretion of the Judge when I see our known Laws Magna Charta the Petition of Right 3 Carol. and the rest with the fundamental Government of this Nation pulled up by the roots to carry on their Designs of enslaving the people to their lusts notwithstanding the Parliaments Declarations Remonstrances Protestations Covenants and Oaths to the contrary and their late Vote in the Act for Abolishing Kingly Government That in all things concerning the Lives Liberties Properties and Estates of the people they would observe the known Laws of the Land But to return to our Relation Then Morrice challenged 16. more of the Jury where Pulleston was so pettish that he bad Morrice keep his compass or else he would give him such a blow as should strike off his head Until Morice cited the Stat. 14 Hen. 7. fol. 19. whereby he might challenge 35. men without shewing cause Here you see the Judges which ought to be of Councel with the prisoner in matter of Law endeavouring to out-face and blind the prisoner with ignorance of the Law being a Martial-man Then he desired a Copy of his
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a month before He dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn by this Dray-man This fellow sitteth frequently at the Sessions house in the Old Bayly where the weight of his Slings turneth the scale of Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
or Coronation solemnized notwithstanding that by his unjust Banishment caused by the interposition of the said trayterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdomes 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 and expect Figgs from Thistles Grapes from Thorns This Kingdome of the Brambles now set up being onely able to Scrath and Tear not to Protect and Govern them I farther Declare and Protest That this combined trayterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all Lawful Government Magistracy Laws 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 wherein 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 Murtherers 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 doings but onely their own 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 Kingdomes of England and Ireland are bound by the Stat. of Recognition 1 Jac. and by all our Laws and Statutes By their Oaths of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their lives and fortunes the Person Authority and Title of our aforesaid lawful KING and Supreme Governour the undoubted Heir of all His late Fathers Dominions CHARLES the Second by the Grace of God King of Great Britain France and Ireland c. against all Opposites and pretended Authorities whatsoever unless they will be guilty of the fowlest sins of Treason Rebellion Perjury and perfidiousness against their God their King and Country and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a far more Arbitrary and Tyrannical power over our Consciences Persons Liberties and Estates than ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawless Tyrants under Heaven 223. Compare the date of the K. Commissions with those of the Parliament and their Declarations on both sides An Exhortatory Conclusion to the English Nation TO conclude the series of Affairs and Action on both Parties especially of late rightly compared it appeareth by the sequel That King CHARLES the First from the beginning took up defensive Armes to maintain Religion Lawes Liberties and the antient fundamental being of Parliaments and this Kingdom and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to Change the fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supream Authority to enslave the People with an Olygarchical Military and Arbitrary Government to raise what illegal Taxes they please to establish their tyranny and enrich themselves and their Party to oppresse consume and devour all men of a judgment contrary to their Interest to Murder them by new-declared arbitrary Treasons contrary to the Stat. 25 Edw. 3. for ascertaining Treasons to Disfranchise them of their Birth-rights and make them Adscriptios Glebae Villains Regardant to their own Lands which the Nobility Gentry and Yeomanry plough sow and reap whilst Brewers Dray-men and Coblers eat drink and play upon the sweat of their labours and are the Usufructuaries of their Estates All which they have lately brought to pass wherefore let all true Englishmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with own voice cry out 1. We will not Change our Antient setled and well approved Laws to which we are Sworn 2. We will not Change our Antient and well-tempered Monarchy to which we are Sworn 3. We will not Change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous than themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by forty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or Title soever they mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING and The KING whom the Lawes of God and this Land have Designed to us See the Stat. of Recognition 1 Jac. and the Oaths of Allegiance Obedience and Supremacy we being by the Oaths of Allegiance Obedience and Supremacy sworn to â—ear Faith and true Allegiance to King CHARLES the First his lawful Heirs and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The Historie of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions do as naturally arise out of the Premises of this Second part of the History and doe as aptly serve to illustrate this Second as that First part wherefore to that First part I send thee for opening thy understanding When our old Lawes run again into their Antient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apologie and shew what he hath done and suffered for the Parliament and Kingdome THE END THE High Court OF JUSTICE OR CROMWELS New Slaughter-House in ENGLAND With the Authority that Constituted and Ordained it Arraigned Convicted and Condemned FOR Usurpation Treason Tyranny Theft and Murther Being the Third Part of the History of INDEPENDENCY Written by the same Authour Printed Anno Domini 1660. In the second Year of the States Liberty and the Peoples Slavery Plin. Paneg. ad Trajanum Olim criminibus jam legibus laboratur metuendum est ne legibus fundata Respublica sit legibus eversa Isaiah 59. vers 3 4. Your hands are defiled with blood and your fingers with iniquity your lips have
to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in awe the declared Supreme power of their Soveraign Lord the People must resign their known Lawes to their Trustees their Representatives in Parliament and take New Lawes from their Arbitrary votes or woe to be to their Necks and Shoulders I must interrupt you what you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner you may not dispute the Authority of this Court nor will any Court give way to it you are to submit to it It is not safe to confute a lie told with Authority Yet if a man be Endited of Treason or Felony in the Court of Common Pleas a man may Demur to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Competent Judges every man and every cause must be tried Suo Foro non Alieno So if a Peer be arraigned in the Kings Bench. And for this upstart unpresidented High Court it is no Court of Judicature at all as being erected without lawfull Authority Consisting of Incompetent Judges no Records belonging to it and tending to disinherit and disfranchise all the People of England and to murder them You may not dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal The votes of the Commons of England assembled in Parliament is the Reason of the Kingdom Oh Brutish irrationall Kigdom Where 40. or 50. Anabaptisticall Members the Dregs and lees of the House of Commons after all the best and sincerest 7. Parts of 8. had been racked and purged out at the Bunghole by Cromwell the Bruer and Pride his Dray-man shall be called the Reason and Law of the Land This confirmes the truth of what King Charles I. Objected to the Parliament whereof I have formerly spoken That they disposed of the Subjects Lives and Fortunes by their own Votes against the known Lawes of the Land But that there should be no Appeal to their declared Soveraign Lord the People from their subordinate Trustees in Parliament is wonderfull Considering that in all Governments the last Appeal is ever the Highest and most Absolute power But it may be they will be the Peoples Trustees in spight of their Teeth and by the power of the Sword and so free themselves from rendring any account of their Stewardship You may not demuâ—re to the Jurisdiction of the Court. If you do they let you know that they over-rule your Demurrer and affirm their own Jurisdiction Reason is not to be heard against the Highest Jurisdiction the Commons of Engl. make a direct and positive Answer either by denying or confessing and put in immediately an issuable Plea Guilty or Not Guilty of the Charge or we will record your Default and Contumacy and by an implicite confession take you Guilty proconfesso and immediately give Judgement against you This as I told you before is it that blanches the Deer into the Toile But God deliver us from that Jurisdiction that is too high to hear Reason and that overrules Demurrers before they be heard I have told you as much of the proceedings of this Court as the Novelty Obscurity Uncertainty and confusion thereof will give me leave Let me now by way of overplus give you the great dangers and Slavery that will befall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their antient Legall Trialls by Enditement and Juries of the Neighbourhood then which the whole world cannot boast of a more equall way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Bloud Cromwells New Slaughterhouse which hath neither Law Justice Conscience Reason Presisident or Authority Divine or Humane but onely the pretended Parliaments irrationall Votes and the Power of the Sword to maintain it which will prove a Cittadell over their Liberties a Snare to their Estates a Deadfall to their Lives and Scandall to their honors and Families if not timely opposed 1. By the Law The Enditement must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Libeâ—ties of England but in this dead-water our turning Tide between the old Regall and this New unknown Government no man knows how to do look or speak for fear of contradicting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundless lawless New Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governors in Concreto naming them For there being no Treason without Allegeance And Allegeance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made particularly known to us who they are or where to be found or what their power Duty or Office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not Subjects Since the Duties of Allegeance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by Lawless votes like Turkish Tartarian and Russian Slaves I cannot owe nor perform Allegiance to those Individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegeance no Treason for in all Enditements of High Treason it must be alleaged That the Accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverb In Trust is Treason Now where there is no profession of Allegeance there is no Acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegeance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdom by Souldiers to owe Allegeance to Cromwell the Bruer Scot the Bruers Clerk Bradshaw the Murderous Petty fogger Sir Henry Mildmay the Court Pander and
knowledge execute the severall powers given you by this Act. 1. If the Court be Triers and Iudges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as triers in the sight of the Freeman who shall be upon his Triall 2. And that as Iustices of Oyer and Terminer They being authorized to hear and determine by the words of the Act. They should take an oath such as is usual and equal set down E. III. Viz. You shall swear that well and lawfull you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemans life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust of Peace fol. 13. the words are I A. B. do swear that I will do equall Right c. according to my best wit canning and power after the Laws and Customes of the Land and the Statutes therof made c. 4. If the Court will be Iudges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signal difference with the verdict of a Iury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. Marh 1650. is not broken literally as to be exactable by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And prayes this his 2 Answer may be received with the Salvo's and registred Eusebius Andrews The third Answer of Coll. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and liberty of making further Answer if it shall be necessary in all humblenesse for present Answer offereth to this Honourable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peers men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peers c. 1. That it is his Right to be tried only so appears by Magna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erroneous So that if the Laws and Courts were not obstructed in the cases of some sort of Freemen of England the whole Proceedings contrary to these Laws without a Jury of his Peers were avoidable and reversible by Writ of Errour as appears by the Presidents vouched in the Respondents second Answer 3. That it is in the Courts power To try the Freeman consequently the Respondent by a Iury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is Authorised To hear and determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their natural constitution and practical execution do proceed against Freemen according to Law by a Iury of their Peers and not otherwise 2. Authorised to proceed to Trial condemnation and execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Iudgment it self To the Opinion of the major part of 12. and if they shall think fit to try by a Iury it will be no offence against the Act there being no Prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trials to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2 Seeing hearing and counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title challenge fol. 150. To challenge 35. without Reason shewed and with Reason shewn without Number adjudged 32. Hen. VI. in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Jac. Sir Walter Rawleigh and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163 164. Stat. 1. and 2. of Phil and Mary Chap 10 11. 1 Ed. VI. chap. 12. Cookes 3 Instit pag. 12. upon the words in the St. 25. Ed. III. chap 2. Provablement atteint Because the punishment was heavy the proof must be punctual and not upon Presumptions or Inferences or Streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the St. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Iury passeth from all or not at all in this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or Enditement 4. A Verdict passeth from a Iury before discharged upon their Affairs of business or supplies of Nature to prevent corruption by mony or power In this way of Trial a man may be heard to day and a Sentence given at leisure when the power and will of those by whom the Freeman
and I pray God that all the mischiefs of the remaining Achitophel's Shimei's and Rabshakeh's may fall upon their own heads but peace happiness and prosperity may waite on our Solomon that he may be blessed and his throne be established before the Lord for ever To Conclude As your Loyalty in the worst oftentimes hath been signal if in nothing else yet in sufferings so dispise not to read this tractate wherein I dare presume you will find something which before you knew not the work ' its true is short but will not I hope want substance inest enim sua gratia parvis and to remember these things certainly cannot be irksome Saepe recordari medicamine melius omni to see and escape danger causeth not only admiration but pleasure which that you may receive with content by the perusall hereof is desired I shall only add one word in particular first to the Nobility You are Right Honourable Princes in the Congregation of our Israel Men of renown exemplarily both in your names and honours Be as eminent in service for your Prince as obliged to him for favours that it may be recorded of you as it is of Davids Worthies These are the mighty men which David had who strengthened themselves with him in his Kingdom according to the word of the Lord. 2. To the Gentry You are they whom Jethro counselled Moses to provide out of all the people to assist him and be mediatours between Prince and People approve your selves according to that counsel to be able men such as fear God men of truth and hating covetousness so shall the Lord give a blessing as he hath promised 3. To the Clergy God hath made you as a Beacon upon an hill that you might forewarn Israel of her sins ye are the salt of the Earth while you preach to others be not your selves cast away but in season and out of season labour labour to declare Christ not of contention and strife but sowe the word to effect that fruit may grow thereby And lastly to the Commons who are tumidum instabile vulgus I shall only wish that they will labour for peace and according to their Royal Princes dictate in his late Declaration concerning Ecclesiasticall affairs acquiesce in his condescentions concerning the differences which have so much disquieted the Sate by which endeavour all good Subjects will by Gods blessing enjoy as great a measure of felicity as this Nation hath ever done which is the earnest prayer of No. 2. 1660. Your c. T. M. THE HISTORY OF Independency The Fourth and Last part THE former parts of this Book having traced the prevalent and strong Factions of Presbyterian and Independent The Proeme through the several devious pathes wherein they marched and with what devillish cunning they did each endeavour to be greatest by surprising or at least undermining the other until at last they unriveted the very foundations of Government by the execrable murther of their undoubtedly lawful Soveraign a crime so abhorred that it is even inexpiable not to be purged with sacrifice for ever I say these things having received so lively a delineation in the former parts shall need no new recitalls I shall then begin at the end thereof which was when the sacred Reliques of betrayed Majesty specie justitiae received a fatal stroke from blood-thirsty hands neither able to protect it self or be a shadow and Asylum for rejected Truth and unspotted Loyalty Thus in an unsetled and confused posture stood poor England when the Sceptre departed from Israel and the Royal Lyon was not only robbed of his prey but his Life which Barbarism once committed what did the Independent Faction now grown chief ever after stick at Having tasted Royal Blood the Blood of Nobles seemed but a small thing to which end and to heighten and perfect their begun villanies they erect another High Court of Justice Lords H. H. C. tryed for the Tryal of James Earl of Cambridge Henry Earl of Holland George Lord Goring Arthur Lord Capell and Sir John Owen Knight whereof that Horsleech of Hell John Bradshaw was also President who with sixty two more as honest men as himself by a Warrant under the hands of Luke Robinson Nicholas Love and J. Sarland summoned for that purpose did accordingly appear upon Munday the fifth day of February 1648. for the putting in Execution an Act of Parliament as they called it for the erecting of an High Court of Justice for the trying and adjudging the Earls and Lords aforesaid with whom according to their fore-settled resolution making short work for they would admit of no plea of the five they presently condemned three to lose their heads on a scaffold in the Pallace-yard at Westminster Lords condemned on Friday the ninth day of March which day being come about ten of the clock that Morning Lieutenant Collonel Beecher came with his Order to the several Prisoners at S. James's requiring them to come away from whence they were immediately hurried in Sedans with a strong guard to Sir Thomas Cottons house at Westminster where they continued about two hours spending the whole time in holy devotion and religious exercises After which the Earl of Cambridge preparing first for the Scaffold after mutual embraces and some short parting expressions to and for his fellow-sufferers he took his leave and went along with the Officers attended on by Dr. Sibbalds whom he had chosen for his Comforter in his sad condition Being arrived at the Scaffold and seeing several Regiments both of horse and foot drawn up in the place after he had waited a little while with a fruitless hope and expectation of receiving some comfortable news from the Earl of Denbigh who was his Brother having sent for his Servant who being returned and having delivered his Message to the Earl of Cambridge privately he said So It is done now Hamiltons speech at his death and turning to the front of the Scaffold he spake to this effect That he desired not to speak much but being by providence brought to that place he declared to the Sheriff that the matter he suffered for as being a Traytor to the kingdom of England he was not guilty of having done what he did by the command of the Parliament of his own Countrey whom he durst not disobey they being satisfyed with tbe justnesse of their procedure and himself by the commands by them laid upon him and acknowledging that he had many wayes deserved a worldly punishment yet he hoped through Christ to obtain remission of his sins That he had from his Infancy professed the same Religion established by Law in the land That whereas he had been aspersed for evil intents towards the King all his actions being hypocritically disguised to advance his own self-interest hereto he protested his innocency professing he had reason to love the King as he was his King and had been his Master with other words to the same effect That as to the
other house the Protectors party standing for the powers given by the Petition and advice and the rest of the house withstood it as of no value being obteined by force by which force also thirteen hundred thousand pounds a year was setled for ever upon the single person and the ruling members of the other house being a hotch potch or medley of Officers of the Army and Protectorian Courtiers contrary to the law of the land The other house debated and to the enslaving of the people By this means nothing being done herein as to the powers the Cromwelians that they might enforce something propose the question of transacting with the persons sitting in the other house as an house of Parliament urging both law and necessity for the same yea threatning force from the Army upon refusall notwithstanding all which a whole fornight the honest party of the House thought of nothing less asserting the undoubted Right of the antient Peers and denying all the rest but seeing nothing could be done till this was over in a very full house they came at last to this well qualified resolve Resolved That this House will transact with the Persons now sitting in the other house as an house of Parliament during this present Parliament And that it is not hereby intended to exclude such Peers as have been faithfull to the Parliament from their priviledge of being duly summoned to be Members of that house Herein may be seen something of the old English gallantry for in this vote those in the other House are not owned as Lords Not owned as Lords but called the Persons now sitting in the other House as an house of Parliament neither would the Commons treat and confer with them in the usuall way as with the house of Peers but found ouâ— a new word to transact and that neither but upon tryall Viz. during this present Parliament And the better and more legally to curbe them if they should begin to grow imperious they inserted the priviledge of the antient Peers as a good reserve concluding also to receive no message from them but by some of their own number The intent of that Parament During this time they had under consideration severall good Acts about the Militia against Excise concerning Customes c. and questioned diverse illegall imprisonments calling some Jaylors to the Bar and preparing a strict bill to prevent the unlawfull sending Freeborn Englishmen against their wills to be slaves in forreign Plantations They also examined severall grievances by the Farmers of the Excise Major Generalls and tyrannicall and exorbitant Courts of Justice The Committee of Inspections having by this time brought in their report by which it did appear that the yearly incomes of England Scotland and Ireland came to Eighteen hundred sixty eight thousand seven hundred and seventeen pounds Committee of inspections report and the yearly Issues to Two Millions two hundred and one thousand five hundred and forty pounds So that Three hundred thirty two thousand eight hundred twenty three pounds of debt incurred yearly by the ill management of double the revenew that ever any King of England enjoyed And to maintain the unjust conquest of Scotland cost us yearly One hundred sixty three thousand six hundred and nineteen pounds more than the revenew of it yields At these proceedings the Protector and the Army who were already jealous of one another Divisions between the Protector Praliament and Army grew both suspicious of the Parliament because the people begin to speake as if they expected great good from the issue of their Counsells therefore the Army least they should come too late put in for to get the power into their hands and according to the method used by them in like cases erect a Generall Councill of Officers who daily meet at Wallinford-house which the Protector hearing endeavours to countermine at Whitehall but they better skilled in their work than he was conclude a representation which is with speed both drawn and presented to him about the seventh of Aprill a copy whereof the next day after is sent enclosed by him in a Letter to the Speaker of the House who hereupon takes the Alarum and while the Protector thinks to secure himself by standing on his guard they not fearing the menaces of the Souldiers but resolving to behave themselvâ—s like true Englishmen on Munday the 18th of Aprill passed these votes following Resolved That during the sitting of the Parliament there should be no generall Concill or meeting of the Officers of the Army without direction leave and Authority of his Higness the Lord Protector and both houses of Parliament Resolved That no person shall have and continue any command or trust in any of the Armies or Navies of England Scotland or Ireland or any the Dominions and Territories thereto belonging who shall refuse to subscribe That he will not disturbe or interrupt the free meeting in Parliament of any the members of either house of Parliament or their freedom in their debates and Counsells Now that this bitter pill might be the easier swallowed knowing or at least believing that want of money was the thing that pinched in chief as to the private Souldier without whom the Officer was worthless they passed a vote to take into consideration how to satisfie the Arrears of the Army and provide present pay for them and also to prepare an Act of Indempnity for them But all this tended nothing to satisfaction for the Souldier being through Levened with the wicked designes of their Officers did nothing but murmur especially since the Protector in pursuance of the votes of the house had forbidden the meetings of the Officers so that now the animosities grew so high that guards were kept night and day by one against the other in which divided posture the management of affairs continued till Friday the 22. of April on which day early in the Morning Fleetwood Desborough and the rest of the Mutinous Officers with the greatest part of the Army at their beck Dicks Parliament dissolved the Cromwelian party not daring to stir got the supereminency and forced young Richard to consent to a commissiion and Proclamation ready pre-prepared thereby giving power to certain therein named to dissolve the Parliament although he had with much serious earnestness protested and promised rather to dye than be guilty of so pusillaminous an act which he was well assured would work for his confusion But actum est for the same day the black rod was sent twice to the house of Commons to go to the other house which they refused and scorned but understanding there were guards of horse and foot in the Pallace yard after some ebullient motions without resolving any question they adjourned till Munday morning the five and twenty of April and with much courage and resolution attended the Speaker in order through Westminster-Hall to his Coach even in the face of the Souldiery The Army having thus for the
whole current of the law is constant encourager although these mens effrontery is such that they dare say any thing by an infallible Spirit as they imagine and the World is bound to believe them But their vizor being now ready to fall off Commotiâ—ns and the people not willing to be any longer blinded begin to move in most parts of England which so mads the Phanatick faction that they seaze upon persons horses and armes all about London increase and double their guards stop passengers even on the Road the Councill of State so called sits night and day without intermission whereby the City militia and all the forces throughout England were drawn into a body to prevent the danger Yea so generall was the fear that they begin to court the people in their canting way And because you shall see their desperate fear of and divellish malice to the King and his Friends take the words of one of themselves as they pass Viz. A canting lye The Lord stir up the hearts of his people to prayer and sincere humiliation and fill them with unanimity and courage in this evill time and make the People to see that whatever fair pretences may be made use of by the common Enemy to get power into their hands yet should they prevail no man that hath been of a party against them heretofore yea no man that hath been a meer Neuter but must expect that his private Estate as well as the publick Liberty shall become a prey to a desperate crew of ravenous and unreasonable men for saith he like an irreverent Villain let but CHALES STUART get in and then to satisfie the rable of followers and the payment of forreyners to enslave you you shall soon see them entailed upon your selves and your Posterity to maintain the pompe and pride of a luxurious Court and an absolute Tyranny Thus far he which how much truth yea or but probability thereof is therein I dare appeal to the greatest Enthusiast among their whole gange for if there were nothing in it else but the rayling besides all the falsity and Scandall it were sufficient to convince the Speaker to be a Son of Beliall as having so far forgotten grace and laid a side all honesty that he durst rail against the Lords anointed concerning whom the Scripture forbiddeth to have an evill thought but t is the custom of rebells to go on from bad to worse and when they have once drawn the sword against their Prince to throw away the scabbard and never entertain a thought of return or repentance like the bold Usurper in the Poet. The more we are opposed the more wee 'le spread And make our foes our fuell To be head Wee 'l cut off any member and condemn Vertue of folly for a Diadem Banish Religion c. The use of the Juncto's fasting And such was their practice though sometimes especially when encompassed with dangers they hang their head like a bull rush and even but mock God with a fast while they only pray to be prosperous in their villany About this time the whole Nation of England began to grow sick of the abhorred fag end of a Parliament endeavouring to make head against them in Kent Sussex Surrey Hartford Hereford Glocester Bristoll in Cheshire especially where many of the Gentry were actually engaged correspondence maintained England sick of the Rump a rendevous appointed and the antient City of Chesâ—er surprised this indeed was the most formidable appearance in all England for the only appeasing whereof most of the County forces in those parts and several Regiments of the Army from London did speedily march under the command of a hot-spur zealot Mr. G. Lambert whose ambition made old Nol lay him aside as dangerous and that dishonourable discarding created him a desperate Enemy to the Cromwelian name and family which made the Juncto think him the fitter man for their service A rising in Châ—shire by Sir G. B. Sir G. B. appeared commander in chief in Cheshire though many other Noble Gentlemen were present so that this seemed to be the most likely place for Action Lambert according to Order being upon his march thither with three Regiments of horse and three Regiments of Foot and one Regiment of Dragoones besides a train of Artillery and the Juncto for his encouragement shot a paper gun by them called a Proclamation after him against Sir George Booth Sir Thomas Middleton Randolph Egerton proclaiming them and their adherents to be Rebells and Traytors and all else that should any way assist abet or conceal the carrying on of their design backed thus he marcheth furiously and in a fourtnight or three weekes time draweth neer to Cheshire in the mean and during his absence the congregated Churches of Schismaticks and Sectaries in and about London raise three Regiments for the security of those parts in the intervalls of which time Sir George Booths Declaration came out in print the contents whereof was setting forth how the Westminster Statesmen had violated all lawes of God and Men that the defence of the lawes and libâ—rties was the chief things he and his aimed at which would never by these self seekers be setled and therefore desired a new free Parliament This as it carried nothing in it but what was reall true so it gave very great satisfaction to all understanding people though by the Phanatick rout it was descanted upon otherwise but Gods time was not yet come for Lambert no sooner arrived with his Army neer Sir George Booth and his forces Sir G. B. â—â—u ed. but he fell on them with valour and violence which produced a very sharp engagement but the Country not being acquainted nor used to such hot furious work quickly yielded ground Sr. Georges whole body being afterwards drawn forth neer Northwich and possessed of the bridge they drew up their foot in the meadowes yet Lamberts Men being commanded to attempt the pass did it with such resolution that they soon beat the Enemy from them and made way for the whole Army who having passed the river immediately gave them a totall rout The newes of this victory so fleshed our bloodhounds that they began to boast above measure vaunting the Lords mercy to them his own people forsooth but Justice to their adversaries in so apparently blasting their Trayterous undertakings in every corner of the land like the turkes reckoning the goodness of their cause by the keenness of their sword Their maxime to make good their cause and denying that any thing may properly be called Nefas if it can but win the Epithete of Prosperum The Juncto upon this set forth a Declaration to invite all the people to thanksgiving for this great deliverance to the Parliament and Common-wealth as they stiled themselves Lamberts policy but Lambert intends to make use of his success against the loyall party for himself and to that end in a seeming slighting and neglect of himself writes
examine the Leases that have been made and the fines that have been paid thereupon and how disposed and by what authority with power to give reliefe and allowance to the said poor Knights and other poor people not exceeding their former allowance Oh take heed of too much charity and also to take a Catalogue of all Hospitalls within this Common-wealth and the revenewes of them they are sure to mind that And that the Masters and Governours do return to this Committee the constitution of the respective hospitalls and how the profits thereof have been and are disposed of and by what authority before the first of December 1659. And to report the whole matter to the house Ordered That all Masters and Governours of hospitalls be and are hereby prohibited to grant or renew any Leases of any Lands Tenements and hereditaments belonging unto any of the said respective hospitalls untill this house take further Order Notice of which is to be given to the respective concerned persons by the Councill of State See here how greedy is the zeal of these devouring Statists which yet is clothed in the garbe of a seeming Sanctimonious care but this hypocrisie must not go long unpunished neither does it for now begins to appear the result of Lamberts designments abroad in a remonstrative address from the Army at the very first newes whereof the Parliament is so startled that fearing to be whipped with their own rod they ordered Col. Ashfield Col. Cobbet and Lieutenant Col. Duckenfield Armies remonstrate the Juncto send for â—ome Officers three of the chief promoters of it to bring to them the original paper intended to be presented upon notice of which order given immediately a letter was delivered into the house signed by many persons of the Army superscribed to the said three summoned persons by whose hands they desired the inclosed paper might be presented to the Lord Fleetwood and after to the generall Councill which inclosed paper was intituled to the supream authority of these Nations the Parliament of the Common-wealth of England The humble Petition and proposalls of the Officers under the Command of the Right Honourable the Lord Lambert in the late Northern expedition the manner and method of which paper the Juncto so highly resented as supposing it to strike at their very root that they presentely voted That this house doth declare Observe this crack that to have any more Generall Officers in the Army than are already setled by Parliament is needless chargeable and dangerous to the Common-wealth Here was the first step to that division which afterwards grew into a flame but the Army Officers finding their design was not yet ripe enough by a dissembled acquiescency seemed to lay aside their proposalls by signifying to the Parliament that they would adhere to their authority in opposition to the common Enemy and that they would stand by them in the settlement of the Common-wealth against all disturbances whatsoever which lulled the Juncto into a kind of security the City also at this time seeming to claw them by an invitation to a Thanksgiving dinner whereat the field Officers of the Army were also to be present Thanksgiving dinner in the City so that now being in a manner rid of their fear they fall upon sequestring the Gentry about Sir George Booths business settle the Excise and revive the Assessements for the Militia using all their skill and power for amassing together the wealth of the Nation into their private purses concluding with the Epicureans ede lude bibe post mortem nulla voluptas so sottishly stupid were they grown in their high flown ambition But now least they should forget their duty the Officers of the Army present a new address requiring answer thereto Armies new address which made them take it into the several pieces wherein it was proposed wherein among other things to shew you the harmony that was then between them they give to their third proposall this answer Juncto angry there with Viz. The Parliament declares that every Member of the Army as free Men of England have a right of petitioning the Parliament but withall thinks fit to let them know that the Petitioners ought to be very carefull both in the manner and in the matter of what they desire that the way of promoting and presenting the same may be peaceable and the things petitioned for not tending to the disturbance of the Common-wealth nor to the dishonour of the Parliament And that it is the duty of petitioners to submit their desires to the Parliament and acquiesce in the judgment thereof By this Declaration they intended to curb the Wallingford party by teaching them manners and to know their distance but they being Men of another spirit and knowing they had the power of the sword in their own hands would not be so put off which the Juncto perceiving and beginning to grow jealous of their own safety and satisfyed that the Army could not subsist without money which is the Nerve of War to engage the People to themselves and to dis-inable the Officers from raising any money in case they should which they now much doubted interrupt them in their sitting they passed an Act against raising of monies upon the people without their consent in Parliament Part whereof take as followeth Be it enacted c. That all Orders Act against raising money without consent of Parliament makes the Souldiery mad Ordinances and Acts made by any single person and his Councill or both or either of them or otherwise or by any assembly or convention pretending to have Authority of Parliament from and after the 19th Day of April 1653. and before the 7th of May 1659. And which have not been or shall not be enacted allowed or confirmed by this present Parliament be and are hereby declared deemed taken and adjudged to be of no force and effect from and after the said seventh day of May 1659. And be it further enacted that no person or persons shall after the eleventh of October 1659. Assess Levy Collect gather or receive any Custom Impost Excise Assessment contribution Tax Tallage or any summe or summs of money or other imposition whatsoever upon the people of this Common-wealth without their consent in Parliament or as by law might have been done before the third of November 1640. And that every person offending contrary to this Act shall be and is hereby adjudged to be guilty of high Treason and shall forfeit and suffer as in case of high Treason When the Juncto had thrown abroad this killing thunderbolt to shew that they durst own the power which they yet conceived themselves Masters off they took into consideration a Letter dated October the 5th and signed by diverse Officers of the Army and directed to Col. Okey and also a printed paper called the humble representation and Petition of the Officers of the Army to the Parliament c. Upon the reading of which two
received the City was startled The City startle having as they supposed by order been encouraged to stand fast in their liberty for their Laws Priviledges Properties and lawfull Government But the Generall in a wise foresight and providentiall care having cast in his mind the danger he stood in for he had a wolfe by the ears though he sent his Commissioners aforesaid yet reserved to himself the ratification so that nothing should be of force untill it were confirmed with his own seal But now the articles of the Treaty being come to his hands he commands the return of his Commissioners which they obeying he presently commits Col. Wilks to custody for going beyond his Commission declareth the Treaty void Monck commits one of his Commissioners and marcheth toward the borders which the Committee of safety being advertised off fall to their old tricks to delude the people endeavouring to make them believe it was only a rumour grounded on a fained Letter pretended to be by him sent to the City whereas they seemed to be assured that he would acquiesce in the former agreement but truth who is filia temporis the daughter of time quickly appeared to undeceive the people for in this interim his excellency having as himself expressed it a call from God and Man to march into England for resetling the Parliament calleth an assembly of the Nobles and Gentry of Scotland at Edenburgh He calls an assembly in Scotland to whom he proposed these three things 1. That they would during his absence which would not be long preserve and secure the peace of that Nation 2. That they would supply him with some men for his undertaking which he engaged upon his honour should be to their satisfaction and that if any troubles should arise they would assist him in the suppressing thereof 3. That they would advance and raise what money they could before hand To these Propositions the Earl of Glencarn who was chairman of that assembly returned these modest answers 1. That they could not engage to preserve the peace of the Countrey in his absence wanting armes and so in no condition to do it but they should with all faithfullness notwithstanding endeavour it 2. That they were uncapable to answer his desires for the reasons aforesaid neither did they think it prudent for them to engage in a war which if it should prove unsuccessfull on their part would be a ruine to them or if successfull they did not understand that it would be advantagious to them in any measure But as to the third 3. That they were content to levy moneys and advance a years tax aforehand Generall Monck highly satisfied with those civil returnes endeavours to caresce and indear them by Giving the Lords and gentry power to arme themselves by satisfying them privately in the design of his expedition and accepting of their years taxes Hereupon he resolves now to dally no longer than his supplies of Men and money come in in the mean while holding correspondence and intelligence with his friends all over England He keeps intelligence from whom he a new received advertisement that if he could yet for a litle time keep fairly at a distance his work should be done even without any noise of drum or trumpet except it were in exultation and triumph This advise caused him to make some seeming overtures of a second treaty with Lambert yet all along insisting upon the re-admission of the Parliament before they began it As a balk to which the Committee of safety declared The Wallingford in government hoping thereby yet to lead the Nation into further errour and mischief that they had transmitted a great part of a form of government for these Nations to a Committee of the Officers of the Army 't is like to be well done if it must be hewen out by a dint of the sword to be considered by them a mad crew of Gotamists who daily meet and are gone through a great part of it with much satisfaction to themselves possibly to think how finely they should Lord it but to no body else surely they are very desirous to have such a Government as may preserve the Liberties of the Nation this is the old cheat and secure the cause they have contended in which is flat treason and rebellion both against CHARLES STVART and any other that may disturbe the peace hoping in time to make it appear that their Enemies are Liers when they traduce them and render them a people that seek only themselves Then they conclude that they hope the faith of Gods people will hold out and not make hast and that good men will help them in their prayers that God the Lord would bring forth righteousness and truth and discover and bring to nought the secret contrivances of all his adversaries And so no doubt he will to the shame and ruine of all such dissembling Hypocrites About this time being the later end of November the People beginning to smell their knavery drew several Petitions with an intent to deliver them but their crazie stomacks being not able to bear such strong Physick belched forth a Proclamation against all such Petitions Proclaim against suâ—scriptions which they call undue and dangerous papers and prohibite all persons to subscribe any such papers and if offered to suppress them or cause the person endeavouring to get subscriptions to be apprehended upon penalty of being accounted disturbâ—rs to and enemies of the peace But this not working its desired effect but rather making men the more eager so as they began to fear tumultuous proceedings therefore the Mayor is commanded and he accordingly sent warrants to all City Officers to charge all Masters of families to keep in their Sons and Servants This enraged the youth of the City to such a height that the Committee of safety fearing their own danger to arise from some disturbance there gave order December the 5th to part of the Army Hewson goes into London both horse and foot to march into the City which they did early in the morning where being entred great multitudes of all sorts of people gathered together in the Streets the shops were shut up and the Souldiers in all places affronted which so madded them that by command of their Col. Hewson they fell on the people with some violence and killed two or three persons wherewith the multitude for the present dispersed but began to bear a grudge whose revenge would not be satisfied but with the ruine of their oppressours This was the last help they had to rely on that they would rather reduce all to a Chaos than quit their hold snatching at every the least opportunity that did but flatteringly seem to offer them an advantage for by this though unwillingly foreseeing their Catastrophe at hand they are driven into more sad thoughts of their dissolution by the revolt of Portsmouth which Haslerig Walton and Morley with the consent of Col. Whetham the
he supposed would be a full and a free Parliament upon whose resolves as himself so he doubted not but the whole Nation would acquiesce he told them the house was open for them to enter and prayed for their good success The secluded members being thus admitted How they begin and wherein proceed fall immediately to work where they were abruptly forced to break of in December 1648. Confirming their Vote made then by another now that the concessions of the late King were a sufficient ground to proceed on for setling the peace of the Kingdom hereby not only vindicating themselves but as it were at once disanulling all that had been done as dissonant thereto during the whole time of their recess This began to infuse a new spirit of life into the Kingdom in whom at this springing season of the year began a new to bud and peep out the bloomes of a too long frost-nipped loyalty so that one now might have seen what twenty years before could never shew countenances that lately were dejected through the cruell tyranny of their Aegipitian task masters now gather cheerfull looks and like fresh blown roses yield a fragant savour The Parliament thus sitting freely vote his Excellency Lord Generall of all the forces in England Scotland and Ireland by vertue of which Commission he disarmes all the Phanatick party both in City and Country the Parliament in the mean time providing to secure the Nation by two seasonable Acts the one of Assessment and the other of the Militia the last impowering and arming Gentlemen and Men of worth and power to stand up for their Liberties and Priviledges and put the Country into a posture of defence against all encroaching pretenders whatsoever and the former enabling them to raise moneyes which are the sineues of war for maintaining of the forces so raised to assert their and our rights Thus setling the ancient Government of the City and vacating the Phanatick power in the Country they commend the establishment of the Nation to a full and free Parliament to be called the 25th of Aprill 1660. Issuing out writs to that purpose in the name of the keepers of the Liberty of England by authority of Parliament and setling a Councell of State of most discreet and moderate men to whom the affairs of the three Nations in the intervall and untill the meeting of the Parliament on the aforesaid 25th of Aprill was committed who with much discretion managed their power to the satisfaction of all sober minded men and so saving to the house of Lords their rights notwithstanding the Commons were in this Juncture of time put upon necessity to act without them commending the Souldiery once more to his Excellency upon the sixteenth day of March in the year of our Lord 1659. a day worthy to be remembred they dissolved themselves Lorg P. legally ended and so at last put a legall period to that fatall long-Parliament which could not be dissolved by any but by it self And thus we see Independency laid in the dust and ready to give up the ghost and indeed not long after we shall see fully to expire the Prodromi of whose miserable end might be these and the like The Councel of State in this intervall of power The intervall with very great caution and wariness manage their affairs turning neither to the right hand nor to the left but keeping a direct course as knowing in medio ibunt tutissimi they set out a Proclamation against all disturbers of the peace under what pretence or name soever sparing none that in a time of such hopes durst either move a hand or tongue to work a disturbance taking care also that the order of the last Parliament touching elections should be duly and punctually observed as considering that the peace or ruine of the Nation would lye in their hands Elections for a new Parl. His Excellency the Lord Generall in this interregnum accepts of severall invitations and treatments in the City by several of the worthy companies yet still having an eye to the main he keeps close to his Officers who were not yet fully resolved and often confers with them in a more familiar manner than ordinary whereby he so wrought on them that at last he brought them to declare that they would acquiesce in the resolves of the approaching Parliament and indeed this was a shrewd forerunner of the fall of Independency as I said before whose only hope was builded on the averseness of these men to lawfull power which when they saw frustrated they might well depair yet endeavour once more to endeavour a confusion which being observed by the Councell and that a discontented Spirit possessed some of the old Officers and Grandees according to the power given them to that purpose they send for all suspected persons confining them unless they subscribed an engagement to demean themselves quietly and peaceably under the present Government and acquiesce submissively in the determination of the Parliament next ensuing which reasonable engagment Lambert and some others refusing were carefully confined to several prisons by which means the peace was wonderfully preserved but notwitstanding all this care such were the restless endeavours of that divellish faction that whether by the neglect or treachery of his keepers is not yet known Lambert gets out of prison cuningly who being a man of loose principles and desperate fortunes so encouraged the Phanatick party and stirred up their drooping Spirits that they began to threaten great matters and for perfecting their wicked design begin to gather to an head near Edg-hill which they hoped would prove to them an auspicious Omen for the beginning of a Second war but Heaven would no longer wink at such intollerable villanies for the sins of these Amorites were fully ripe for judgment so that they were discovered and quickly nipped in the bud Lambert and his accomplices being so eagerly pursued by Col. R. Ingoldsby that they were suddenly forc'd to scatter and shift for themselves by flight Taken and sent to the Tower neither was that so swift or secure but that Lambert was taken prisoner by the said Col. Ingoldsby and sent prisoner up to London at which time passing by Hide park on the twenty fourth of Ayril he saw all the City Regiments both of horse and foot Trayned Band and Auxiliaries complered armed and trayned and ready to hazard their Lives and Fortunes against all seditious and factious Traitors to their King and Country The news of this first appearance of armed loyalty being spred abroad into the Countreys The first loyal muster did so animate and encourage the old oppressed that casting off their fetters and fears together they begin to appear in their wonted guise and because they were by the Phanaticks traduced as men of blood and full of revenge not to be satisfied but with the utter ruine of their adversaries thereupon to undeceive the vulgar who might possibly have been misled by such
and legal way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most material He denied he was more frequent at their meetings than ordinary For his silence he alleged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and reprehensions in his Speech to them So the Recorder withdrew And presently Haslerig according to his custom moved judgment might be given against him To which was answered that the Recorder denied the principal parts of his Charge and offered proofs by Witnesses you must give him that leave or take all parts of his speech for granted as well that makes for him as against him Two or three days more will make this business ripe for judgment let him have one judgment for all If you judge him now to be expelled the House he is already fore judged and that will be a leading case to a farther judgment for who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation and shall never know when he hath sati fied the Law an endless vexation Yet Haslerig moved he might receive judgment now for what was already proved or confessed to be expelled the House saying The Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and farther impeached hereafter Against S John Maynard Sir John Maynnrd the same day was called to Answer He desired a copy of his Charge with leave to Answer in writing by advice of Counsel as the 11. Members formerly did to examine Witnesses on his part and cross examine their Witnesses But these requests were denied and he commanded to Answer ex tempore He gave no particular Answer but denied all in general as Col. Pride whom he cited for his president had formerly done at their Bar. He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary General Copley whose case differed little Against the 7. Lords The 8. of Sept. the Earls of Suffolk Lincoln Middlesex the Lords Berkley Willioughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for leavying War against the King Parliament and Kingdom The Earl of Pembroke then sent to Hampton Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelin the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rod and so the engaged Lords had their House to themselves according to their desires 50. Schismatical Petitions The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from the Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Ox fordshi Bucks Berksh was delivered to the House against divers Members sitting in the House Enemies to God and Godliness Enemies to the Kingdom c. Usurpers of Parliamentary authority who endeavoured to bring in the King upon his own Tearms They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of Tythes c. in it Such another Petition came but the day before from Southwark These Petitions were all penned by the engaged party of the Houses and Army The aym of these Petitions and sent abroad by Agitators to get subscriptions The design was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the ingaged party but 59. to expel the greater party being about 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army dayly recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the sea is the common Receptacle of all waters because those who had no hopes to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to Petition against Tythes Enclosures and Copy-hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the Land from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interlopping discourses omitted Against the Lord Major Aldermen and Citizens let us again return to these prodigious Impeachments The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor-general Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Commons Bar to see what they could say for themselves contrary to Magna Charta 29. ch and contrary to 28. Edw. 3. enacting That no man shall be put out of his Land c. nor taken nor Imprisoned c. or put to death c. without being brought to answer by due process of Law That is according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ oâ—iginal according to the old Law of the Land not according to new invented Articles of Impeachment but according to those Laws that were well known and old in Edw. 3. time See Stat. 37. Ed. 3. 1. Ed. 6. ch 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith No man shall be taken by Petition or suggestion made to the King or his Counsel c. and the House of Peers is no more but the Kings Counsel as anon I shall make evident 51. Arguments against impeachments before the Lords It was moved by divers that these Gent. might be tryed according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and Equals to judg of matter of fact alleging that the Common Law was the Birthright of all the free People of England which was one of the 3.
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
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