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 Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 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 Traytour 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 leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson 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 daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had 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 thereupon 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 wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall 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 Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne 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 thereby 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 passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen 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 speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas 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 Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
and whether every Free-borne English-man especially of Noblest birth 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 illegall Authority in the very rise and foundation ere it be over-late not patiently suffer a rash inconsiderate number of Hotspurs of meane condition and broken desperate fortunes for the most part out of private malice feare or designes 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 suite with our English soile already overmuch watred with English bloud and so deeply ingaged against all arbitrary and tyrannnicall usurpations proceedings especially capitall in any hands whatsoever which have cost us so much bloud and treasure to oppose and fight against for seven yeares last past Saturday Ian. 20. 1648. The new thing called The High Court of Iustice sate Bradshaw being President 80. The first dayes Trial of his Majesty who had the Mace Sword carried before him 20. Gentlemen forsooth with Partisans 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 Halberdeers the Mace of the Court conducting Him to his Chaire within the Barre 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 and of the innocent bloud shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves Prove this povver trust The vvhole Kingdome in effect deny it So doe all our Lavv-Books the practice of all Ages and according to that power and fundamentall trust reposed in them by the People have constituded this High Court of Iustice before which you are now brought and you are to heare your Charge upon which the Court will proceed Solicitor Cooke My Lord in behalfe of the Commons of England and of all the People-thereof I doe 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 Ianuary 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 according to the Lawes 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 neverthelesse out of a wicked Design to erect and uphold in himself an unlimited and tyrannicall 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 redresse remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right power of frequent and successive Parliaments or Nationall meetings in Councell He the said Charles Stuart for accomplishment of such his Designes for the protecting of himselfe and his Adherents in his and their wicked Practises to the same Ends hath trayterously and malitiously levied Warre against the present Parliament the People therein Represented Particularly upon or about the thirtieth day of Iune in the yeare of our Lord one thousand six hundred forty and two at Beverly in the County of Yorke upon or about the thirtieth day of Iuly in the yeare aforesaid in the County of the City of Yorke upon or about the twenty fourth day of August in the same yeare at the County of the Towne of Nottingham when where he set up his Standard of Warre also on or about the twenty third day of October in the same yeare at Edgehill and Keinton-field in the County of Warwicke and upon or about the thirtieth day of November in the same yeare at Brainceâ—ord in the County of Middlesex upon or about the thirtieth day of August in the yeare of our Lord one thousand six hundred fourty three at Cavesham-bridge nâ—er Reading in the County of Berks upon or about the thirtieth day of October in the yeare 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 Iuly 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 eight day of Iune 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 severall times and places or most of them and at many other places in this Land at severall other times within the years aforementioned And in the yeare of our Lord one thousand six hundred forty and six He the said Gharles 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 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
after his Royall assent might have made themselves Masters of all the other Propositions vvithout his Consent so that this Treaty vvas but a flourish to dazle the eyes of the vvorld His Majesty therefore denied the 4. said Bills and thereby preserved the legall Interests of King Parliament People yet the Faction presently tooke a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 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 vvhich vvere not passed vvithout many threats and more shevv of force then stood vvith the nature of a free Parliament the Army lying neere the Tovvne to back their Party the designe having been layd before hand betvveen Sir Henry Vane Iunior Sir Iohn â—velyn of VVilts Nath â—â—â—nnes Solicitor Saint Iohns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators 2. part of England's new Ch discovered p. 4 5. That there could be no peace nor happinesse in England vvithout restoring the King to his just Rights and Prerogatives c. notvvithstanding vvhich the People novv found their hopes that vvay deluded by the Army and their Party vvho had cast off the King upon private discontents the true grounds vvhereof did not appeare and had obstructed all vvayes to Peace and Accommodation and made them dangerous and destructive to such as travailed peaceably in them vvitnesse the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of povver and profit The minds of the People therefore troubled vvith apprehension that our old Lavves and laudable forme of Government should be subverted and nevv obtruded by the povver of the Svvord sutable to the lusts and Intrests of these ambitious covetous Men and finding besides evident symptomes of a nevv VVarre approaching to consume that small Remainder vvhich the last VVarres had left grevv so impatient of vvhat they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martiall Lavv Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the vvill and pleasure of the Grandees in stead of our setled and vvell approved Lavves that despaire thrust them head long into Armes in VVales Kent Essex Pontefract c and at the same time a cloud arising in Ireland a storme povvred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave vvay to a second mock-Treaty in the Isle of VVight 2 Treaty in the Isle of VVight vvhich vvas the fruit of their covvardise and subtilty as appeares by Sergeant Nickolas a Creature of theirs vvho 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 novv they attribute all to the Kings corrupt Party in the tvvo Houses the Army likevvise kept a mock-fast or day of Humiliatîon at VVindsor to acknovvledge their sinnes 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 judgement of the Parliament and Declared Decl. Iune 14. 1647. That it was proper for them to act in their owne sphere as Souldiers and leave State affairs to the Parliament but this vvas done but to recover the good opinion of the people and City and to keep them from stirring and to stay the moderate Party of the tvvo Houses from Declaring the Army Enemies recalling and Voting their Commissions and established Pay voyde vvhich they might have done vvith ruine to the Army and their Party in that Conjuncture of Affaires and vvith safety to themselves and applause of all honest men of England that had taken part vvith the Parliament from the beginning had not some Grandees of the rigid Presbyterian party both vvithin and vvithout the Houses some cursed thing some Achans vvedge in their bosomes vvhich suggested Their sinnes vvere greater than could be forgiven and therefore they durst not cast dovvne the partition vvall betvveen them and the King this Army though it leane so hard upon them it is ready to overvvhelme them VVarre is necessary for some men of every Faction vvhose crying sinnes peace vvill lay open and naked to the scorne derision and detestation of the vvorld Hovv vvel these sanctimonious Svvord-players of the Army have observed the Duties Undertakings of their said Humiliation let the vvorld judge Have they not returned againe vvith the Dogge to the Vomit have they not cousened God and their ovvne Soules Sure they fasted from sinne then that they might sinne vvith the more greedy appetite novv and asked God forgivenesse of the old score that they might sinne againe upon a nevv score Thus you see the 2. Treaties in the Isle of VVight vvere begotten by feare and that Idol of the Independents to vvhich they offer up all their knaveries necessity They vvere Cocatrice Eggs layd by their Grandees vvhen they had been Crovv-trodden by Armies from abroad Tumults at home See my 1. part sect 65 66 105 106 107. and the Conclusions there Sect. 16 17 18 upon vvhich they sate abrood onely to hatch Scandals and nevv 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 Kingdome of the Brambles vvhich since doth scratch the vvool from off the skin the skin from off the flesh 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 vvhole mystery of the 2. Treaties vvith the King in the Isle of VVight vvith the causes efficient and finall of them under one vievv lest some one link of the chaine escaping your observation it become a Chaine of errors to you My first part of the History of Independency ends vvith that vvhich vvas but an unlucky preface to a Treaty vvith the King 3. Hamilton overthrovvne 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 vvherein he relates the number of the Scotish Forces farre differing from the former Report of Lieut. Col. Osborne a Scotish Gentleman made in the House of Commons Iuly 20. Sect. 110 111. vvhere of I have spocten in my first part vvho to take avvay the terror of them estimated Hamiltons and Langdales conjoyned Forces to be but 10000.
protect the 11. impeached Members from justice and with them to raise a new Warre To this we say See my 1. part sect 16.17,18 my said Animadversions pag. 2. neither vvere they legally impeached See Ardua regnâ— or tvvelve arduous doubts vvriten in defence of the expulsed Memb the said Members Ans to the Armies Charge we gave them no other protection than the Laws allowed them For the mispending 200000l designed for Ireland we say that 80000l thereof was paid to Nicholas Loâ—tus and others for service of Ireland and above 50000l 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 neverthelesse pressed upon the House the more earnestly for their Arreares after the Declarations and Remonstrances published by the Army for paying the Arreares of all the Souldiers of England 4. Their countenancing abetting There vvas a close Inquisition of Godly Cut-throats purposely chose to examine this Tumult vvhich proceeded illegally used so much foule play as to accuse men upon characters of their clothes persons yet malice it selfe 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 doe every one of us for ourselves respectively deny 5. The holding correspondency ingaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We doe 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 vvhat use they make of providence in the 2. part of Englands nevv Chaines 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 upoÌ„ 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 setlement 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 Kingdome 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 Designe in bringing in the King Doe they call their threatning Declaration 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 appeares 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 Houses Propositions See Mr. Pryn's said Speech in the House â— Decemb. 1648 more at large and the Kings Answers and see whether the King did not grant all those Propositions in which te maine security of the Kingdome 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. yeares He consented to such Acts for publique Debts and Publique Vses as should be presented within 2. yeares and incurred within that time Hee granted the Proposition concerning Peeres as was desired Hee granted the Disposing Offices in England to the Parliament for 20. yeares He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should thinke fit Hee granted to Declare against the Marquesse 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 beare Offices of Publique Trust and removes then from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legall Tryall and Declares He will not interpose to hinder it which satisfies the maine complaint of the Parliament which was in the beginning of the Warre 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 Deliquents to a Legall Tryall and Iudgement of Parliament But that His Majesty should joyne in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Iustice and Honour agree thereto 4. Nor doe we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemiall Proposition so by a Law acknowledged the Parliaments Cause and Warre 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 be Archbishops Bishops c. by taking away their Courts and Officers and so farre takes away their power of Ordination that it can never be revived againe but by Act of Parliament so that Episcopacy is divested of any actuall being by the Law of the Land instead thereof the Presbyterian Government setled for three yeares by a Lawâ— which is for so long a time as
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne 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 herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary 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 returne 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 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned 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 Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique 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 Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome 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 trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne 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 illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation 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 Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other 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 meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs 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 Generall Councell 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 unnaturall 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 owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
more than My owne particular ends makes Me now 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 Iudges I cannot be Iudge 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 doe 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 doe 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 Iurisdiction of the Court and a delay Yet the Court vvithdrevv for half an hovver advised upon it and sate 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 notvvithstanding vvhat You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed againe againe 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 Clerk read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat whereas the Commons of England in Parliament had appointed them an high Court of Iustice 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 refused so to doe 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 Charles 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 Iudgement 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 your Prisoner King I am not suffered to speak expect what Iustice 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 Attendants of the Court. Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir John Bowcher Sir James Harringtoâ— Sir William Brereton Will Hennigham Es Isaac Pennington Ald Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Colonel John Berkstead Sir Will Cunstable Col. Edward Ludlow Col. Jo Hutchingson Col. Rob Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Es 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 Dennes 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 Andrewes Ald William Cauwley Esq Col. Anthony Stapley John Liste Esq John Corbet Esq Thomas Elunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq Mr. Bradshaw nominated President Counsellours assistant to this Court and to dravv up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Phileps Clerke to the Court. Messengers and Dore-keepers are Master VValford M. Radley M. 〈◊〉 M. Pâ—vvell Mr. Hull and M. King Cryer 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 frighted away And in order to this designe against the King the House of Peers voted downe and yet the House of Commons when intire is no Court of Judicature nor can give an Oath Had indifferent men 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 Civill 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. Februarij 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 Councell to hang all such as they shall adjudge Disturbers of the Army 1. Part of Englands lyberty in Chaines sub fine And the Hunting of the Foxes c although no Members of the Army they must
thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamentall Lawes of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought sit to be inflicted on them shall speake or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties Property of the People One whereof was instanced to Me viz. That the KING should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke fit and to settle a very great Tax upon the People by a Land Rate for an established pay for the Army to be collected and leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre 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 Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes 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 Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 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 publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes 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 fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes 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 Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and
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 Designe and to please their Masters of the Army passed printed and published in the forme style of a Statute this Paper following entituled An Act for the Abolishing the Kingly Office in England Ireland and the Dominions thereto belonging WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the lavv the Crovvne cures all defects hovv 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 Kingdome or Dominions or either or any if them Bee it therefore Enacted and Ordained and it is Enacted VVe have svvorn saith Allegiance to K Charls the First His lavvfull Heyres Succ ssors and our Vovv is recorded in Heaven from vvhich no povver on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are novv so Supreme as in imitation of the Pope to bring this Clause in practise Licet de jure non possumus tamen pro plenitudine potestatis nostrae 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 All our Lavves cut off by the non obstante of an eyght part of the House of Commons sitting under a force After almost 1000. years experience it novv found to be dangerous The English vvere never one half-quarter so much ens aved since VVilliam the Conquerour subdued them as they have been since Oliver the Brevver subjugated them are and be disabled to hold or enjoy the said Crown of England and Ireland 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 Honors Manors Lands Tenements Possessions and Hereditaments belonging or appertaining to the said Crowne of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwall 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 publique interest of the people and that for the most part use hath been made of the Regall power and prerogative to oppresse 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 freedome and liberty of the People and to promote the setting up of their owne Will and power above the Lawes that so they might enslave these Kingdoms to their owne Lust * * But in a Councell of State of forty Tyrants sitting under the protectioÌ„ and avve 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 ayding assisting comforting or abbetting unto any person or persons that shall by any waies or meanes whatsoever endeavour or attempt the reviving or setting up againe of any pretended Right of the said Charles eldest Sonne to the said late King James called Duke of Yorke 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 Regall 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 High Treason is what these Legislative Thieves list to make it an Arbitrary or me notvvithstanding the Stâ—t 25 Ed 3. for limiting ascertaining of Treasons for security of the People Tiberius and Neâ—o's daies are falleÌ„ upon us of vvhich Tacitus lugeni crimen debitiae c mplementum omnium accusationem lasa majestat and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High Treason the Offenders therein their Counsellors Procurers Ayders and Abettors being convicted of the said Offence or any of them shall be deemed adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like the same paines 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 returne to its just and antient right of being Governed by its owne Representatives or Nationall meetings in Councell * * VVhen vvas England governed by their ovvne Representative or had any other regliment then Kings But vvhat the Legislative Conventicle declares vve must believe though contrary to our knovvledge They vvill lead our faith and reason in a string or have our necks in a halter A period to this Parliament and leave the Supreme povver in the Councell of State a designe long since aâ—tempted See 1 and 2 part of
Englands Nevv Chaines and the Hunting of the Foxes No obedience is due by Lavv to them vvhich takes no notice of this forme of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedome and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey Towne of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and performe the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely About the same time they passed another Act for Abolishing the House of Peers to this purpose 112. An Act for Abolishing the House of Peers More Nevv lights nevv di coveries made by forty or fifty 〈◊〉 〈◊〉 grosse fiery Meteors remaining in the H of Commons THe Commons of England assembled in Parliament finding by too long experience that the House of Lords is uselesse and dangerous to the People of England to be continued have thought sit to Ordaine and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or in any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Neverthelesse it his hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common-wealth nor their Posterities who shall so continue shall be excluded from the publique Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto Elected as other Persons of interest elected and qualified thereunto ought to have And be it farther Ordained and Enacted by the Authority aforesaid that no Peere of this Land not being Elected qualified and sitting in parliament as aforesaid shall claime have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Lawes Vsage or Custome to the contrary notwithstanding * * 133. A Declaration of the Commons to shevv the Reasons of their said proceedings The State is Free but the People Slaves as a Galley is free but the Rovvers Slaves 1 part 72. 73. See these Books A full Ansvver to an infamous Pamphlet entituled A Decl of the Commons of England The Charge against the King dis harged The Royall and Royalists Plea King Charles vindicated c. And His Maj last Book or Pourtraicture His Maj Gracious Messages for Peace And to lessen the amazement of the People the same day they passed and Ordered to be printed a Booke called A Declaration of the Parliament of England expressing the grounds of their late proceedings and of setling the present Government in the way of a Free-State when they formerly passed the 4. Votes for no more Addresses to our late King they seconded it with a Declaration to shew the Reasons of those Votes wherein they set forth no new matter but what they had formerly in parcels objected against Him and yet they have since that time made Addresses to him both taken caused others to take the Oaths of Allegiance Supremacy the Protestation Covenant to defend His Person and Authority c. And in this Declaration there is no new objection of moment but what is conteined in the former Declarations against Him and as I looked upon the first Declaration as a Prologue so I looke upon this last as the Epilogue to His Majesties Tragedy The whole matter of charge in both of them hath been sufficiently Answered in severall Books and either confuted or justified to which I refer the Reader whom I will only trouble with some few short ObservatioÌ„s of my owne upon it p. 5. The Parliament in imitation of their Masters the Councell of Officers pretend a necessity to change the fundamentall Government into a Free-State to prevent Tyranny Injustice and War c. I doubt rather to promote them It affirmeth pag. 15 16. That Offices of Inheritance are forfeited by Breach of Trust a condition annexed to every Office and seems to imply as much of the Kingly Office but this Pen-man had forgot that by the Lavv the Crowne takes away all defects and the King being Supreme Head and Governour over all Persons and in all Causes it vvere absurd to make Him accountable to any Authority for in such case that Authority vvould be Supreme to Him and so erect tvvo Supremes one jarring and interferring vvith the other vvhich in Lavv and Policy is as absurd as to suppose tvvo Almighties or Infinities in Divinity vvhich cannot be for that one Infinity vvould terminate another Impossibile esse plura Infinite See Greg Tholosâ—nus l. pol. 1. Keckerin Sistema pol. l. 1. Contzenii l politic 1. à cap. 17. ad c. 25 and many good Authors quoted by him Moecenalis orationem ad Augustum apud Dionem Cassium quoniam alterum esset in altero sinitum saith Cusanus pag. 16. The Declarers play the Orators in behalf of the felicity of Government by Free-States rather than by Kings and Princes This is a spacious field to vvalk in I vvill onely cite some learned Authors living in Republiques of a contrary opinion and send my Readers to them for their Arguments It applauds the prosperity and good Government of the Switz vvhich I think vvas never commended before a grosse-vvitted People living in a confused vvay of Government vvhere virtue and industry find no revvard the Rich become a daily pray to the Poore and their popular Tribunes vvho uphold their credits by calumniating the vvealthy and confiscating or sequestring their Estates the best vvealth of this Nation is Pensions
him by Coronet Ioyce vvho hath vvith much faithfulnesse resisted the like allurements and so foule a Copie of Inconstancy by Reynolds The Commons have ordered 153. The designe of making Members of Parliament liable to Arrests That upon Complaint made to any Iudge of the three Benches the Iudges shall send a Letter of Summons to such Member of their House as shall be complained of to give an appearance and submit to legall proceedingâ— otherwise his person to be liable to Arrests But our present Iudges are Creatures to the House of Commons and knovv beforehand vvhat Members are Babes of Grace in favour and must be priviledged and vvho are out of favour and must not be priviledged they have an Index tells them vvhen to grant and vvhen to deny Sinners must not be partakers of the same Lavves with Saints This is a VVhip and a Bell to drive such dogged Members out of the Hall as vvill not hunt in pack vvith the Grandees in pursuit of their designe and are quick-sented enough to smell out their knavery if they come too neer their dore It is thought the tyrannicall Hocas Pocasses had an ayme hereby to lash Harry Martyn off from the Levellers and make him come in to them 154. VVomen Petition the House for L Col. Lilburne and his Company About this time some thousands of vvelaffected VVomen of London VVestminster Southwarke and the Hamlets stormed the House of Commons vvith tvvo Petitions in behalf of Io Lilburne and his Company They complaine of the Councell of States violent and illegall proceedings against them in seizing them in the night by Souldiers of Lockiers being shot to death by Martiall Law of their Arbitrary Government Second part of Englands New Chaines discovered Taxes Excise Monopolies c. That there was a Designe to fetch Lilburne and his Fellowe Prisoners out of the Tower at midnigbt to VVhite-hall and there murder them That the House by Declaring the Abettors of the Booke laid to those Prisoners charge Traytors have layd a snare for people when as hardly any discourse can be touching the affaires of the present times but falls within the compasse of that Booke so that all liberty of discourse is there by utterly taken away then which there can be no greater slavery They received not so good Ansvvers to these Petitions as they vvere vvont to receive vvhen they had Money Plate Rings Bodkins and Thymbles to sacrifice to these Legislative Idols they vvere bid Goe home and wash their Dishes to vvhich some replied They had neither Dishes nor Meat left Note that the Commons have returned ansvver to some Petitioners 155. Observations upon the Commons Answer to those that petitioned for Lilburne c. that Lilburne shall be Legally Tried by Laws preceding the fact and yet by their Order 11. April 1649. it is Ordered That the Attourney Generall be required to take speedy course for prosecution of Lieu. Col. Io Lilburne c. in the Vpper Bench this Terme upon the Declaration of this House touching the Booke entituled The second part of Englands new Chaines discovered if this Order be not a Lavv and preceding the fact too then our supreme Saints have told a Legislative Lie In the latter end of the said Ansvver they are angry the Petitioners should discover so much of their basenesse That Cromwell Ireton rides them and therefore contrary to all mens knovvledge and their ovvne Consciences they terme those Intimations seditious Suggestions and Ordered that Cromwell and Ireton should dravv up a Declaration to prevent the people from being mis-led by Sovvers of sedition Humiliter servivunt aut superbe dominantur such are the degenerous Spirits of under-Tyrants vvho are Asses to their Superiors and Lyons to their Inferiors Cromwell and Ireton that have subverted all civill Authority Murdered the KING possessed themselves of vvhat they please and enslaved the Kingdome vvith a Military tyranny must dravv up a Declaration according to their fancy for their ovvne vindication and the Commons must Father the Bastard and set the stamp of their Authority and priviledge upon it lest any man should confute it and beat back the Authors lies into their throats But this is no nevv invention for formerly vvhen the Councell of Officers set forth their Ansvver to the House of Commons Demands concerning their secured Members Ireton penned this scandalous Answer of the said Officers Cromwell and Ireton caused their Iourney-men of that Conventicle to Vote That the House did approve the matter of the said Answer thereby ovvning all the grosse lies therein contained to deterre the imprisoned Members from replying to it and so by a tacite confession to acknovvledge themselves guilty About this time appeared out of the East a Nevv 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 Novv the Ievves Professed Enemies to Christ vvhich Mahomet is not are accepted off it is believed that their Thalmude and Caball vvill shortly be made English too that this Island may be rendered 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 vvind every breath of pretended Inspiration as the antient Arabians vvere May 1. 1649. 157. New-declared Treasons to defend tyranny and usurpation and ensnare the People The frighted Conventicle of Commons considered of an Act forsooth to fortifie themselves and their usurpations vvith a Scar-crovv of nevv-declared Treasons to the purpose follovving 1 If anyman shall malitiously this is a vvord of qualification a back-dore to let out such as they shall thinke fit Affirme the present Government to be tyrannicall 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 Councell 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 Quaere whether Cromvvell be Lieutenant Generall or no or to leavy VVarre against the Parliament to joyne with any to invade England or Ireland counterfeit the Great Seale kill any Member of Parliament or Iudge or Minister of Iustice in their duty All these severall cases to be Declared Treason You see the terrors of Caine pursue these guilty Covvards This Fools Boit is chiefly aymed at the honest Levellers this Iunto of Commons have made themselves legall Traytors already and vvould novv make all the Kingdome legislative Traytors but I hope none of those that arrogate the Reverend Title of Iudges of the Law although against Lavv vvill be so lavvlesse as to give Sentence of Death upon any such illegall Act of the House
damned Spirits or rather over such Spirits as not submitting basely to the tyranny of our State-Mountebanks Witnesse his tampering with Hamilton c. incurre their condemnation in this world by Gods permission in order to their salvation in the next world the tyranny of these Usurpers implying at once their cruelties over our bodies and Gods mercy to our soules Hughs first salute was That he came meerly to give John a visite without any designe his guilty Conscience prompting him to a voluntary Apology Iohn answered I know you well enough you are one of the setting Dogs of the great Men of the Army with faire and plausible pretences to insinuate into Men when they have done them wrong and to worke out their designes when they are in a strait and cover over the blots that they have made Then Iohn complained of the †Compare this Act of the Kings With the violent act of those Traytors and Tyrants Fiarfax his Councell of Warre in imprisoning and secluding above 200. Members at once without cause shewne leaving only 40. or 50. of their cheating Faction in the House to carry on their bloody Anarchicall designes some of which secured Members with barbarous usage were almost brought to death and their murder since attempted by Soldiers illegall and violent seizing upon him by Souldiers and carrying him before that new erected thing called A Councell of State who committed him without any Accusor accusation Prosecutor or Witnesse or any due processe of Law and yet when the King impeached the 5 Members and preferred a Charge of High Treason against them Recorded 1. part Booke of Decl. p. 35. and onely failed in a single punctilio of due processe of Law they cryed out it was an invasion of the Peoples Liberties so that foure or five Recantations from Him Recorded in their owne Declarations would not serve His turne Peters halfe out of countenance if so prostituted a Villaine that practises impudence amongst common Whores and whose Pulpit is more shamefull than another mans Pillory can be out of countenance takes up one of Coke's Institutions and professed Lilburne was meerly gulled in reading or trusting to those Books for there were no Lawes in England Iohn answered he did believe him for that bis great Masters Cromwell Fairfax c. had destroyed them all Nay quoth Hugb there never was any in England with that Iohn shewed him the Petition of Right asking him whether that were a Law which Peters had the impudence to deny asking what Law was Iohn replied * The Law is now taken away and all things in confusion by turning our Monarchy without our consent into a Free-State of Slaves govened by Tyrants out of the Parliaments owne Declarations Tbe Law is that which puts a difference betwixt good and evill just and unjust If you take away the Law all things will fall into confusion every man will become a law unto himselfe which in the depraved condition of humane nature must needs produce great enormities lust will become a law envie a law Covetousnesse and ambition will become lawes and what dictates what decisions such lawes will produce may easily be discerned Tbis Master Peters is a Definition of Law by the Parliament in the daies of their primitive purity before they had corrupted themselves with the Common-wealths money And elsewhere the Law is called The safeguard the custody of all private Interests your honors lives liberties and estates are all in the keeping of the Law without this every man hath a like Right to any thing It is the best birth-right the Subject hath it is a miserable servitude or bondage where the Law is uncertaine or unknowne To this the Comick Priest replied I tell you for all this there is no Law in this Nation but the Sword â—nd what it gives This doctrine of Devils that it is lawfull to submit to any present power that is strongest is broached in a Pamphlet by old Rowse the illiterate Iew of Eaton-Colledge And by Iohn Goodwin the sophistical Divine which is fully confuted in A Religious Demurrer concerning submission to the present power an excellent piece neither was there any Law or Government in the world but what the Sword gave To this the honest Lieutenant Colonel answered Master Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or foure honest men and rob them that act is righteous because they are the stronger Party And if any power he a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and Man in resisting and fighting against a just power in the KING who was a power up and visible fenced about with abundance of Lawes so reputed in the common acceptation of all Men by the expresse letter of which all those that fought against Him are ipso facto Traytors And if it were not for preservation of our Lawes and Liberties why did the Parliament fight against Him a present power in being and if there be now no Lawes in England nor never was then you and your great Masters Cromwell Fairfax and the Parliament are a pack of Bloody Rogues and Villaines to set the People to murder one another in fighting for preservation of their Lawes in which their Liberties were included which was the principall declared Cause of the Warre from the beginning to the end I thought quoth the Lieutenant Colonel I had been safe when I made the knowne Lawes the rules of my Actions which you have all sworne and declared to Defend and make as the standard and Touchstone between you and the People * The Lawes are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lies not therein their minds may change and then where are you I but quoth the Lieutenant Colonel I cannot take notice of what is in their minds to obey that but the constant Dâ—claration of their minds never contradicted in any of their Declarations as That they will maintaine the Petition of Right and Lawes of the Land c. This was the substance of their discourse saving that Iohn pinched upon his great Masters large fingering of the Common-wealths Money calling it Theft and State-Robbery and saying That Cromwell and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summe of this Debate to thee that by comparing their doctrine and principles with their dayly practises thou mayest perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a
Warre against our lawfull Soveraigne under pretence of defending our Lawes 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 Sunne pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegall and bloudy 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 breake the Parliament by hostile force put downe the House of Lords erect extrajudiciall High Courts of Iustice to murder Men without Triall by Peers or Iury or any legall proceeding to subvert the fundamentall Government by Monarchy and dispossesse the right Heyre of the Crowne and to usurp His supreme Authority in a factious fagge end of the House of Commons to put the Kingly Government into a packed Iunto of forty Tyrants called A Councell of State to exercise Martiall Law in times of peace and upon Persons no Members of the Army to raise what unnecessary illegall Taxes they please and share them and the Crowne 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 Legall proceedings and introduce a foraigne Iurisdiction to Counterfeit the Great Seale and Coyne of the Kingdome and to keep up Armies of Rebels to make good these and other tyrannies and Treasons is High Treason by the knowne Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speake against these Crimes Good God! how long will thy patience suffer these Fooles to say in their hearts there is no God and yet professe thee with their mouthes to breake all Oathes Covenants and Protestations made in thy name to cloake and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived senslesse Trees and torne 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 warre Turne the Councells of the wise into folly let the crafty be taken in their owne net and now at last let the Oppressed tast 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 appeale to thee as Author of their prosperous sinnes become Lord Author of their just punishments bestow upon them the reward 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 selfe stand in need and seek to ripen thy vengeance before thy time shall the Pot aske the Potter what he doth I beheld the prosperity of the wicked and my feet had almost 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 illegall Lord Major 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 untill some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Tryall 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 England although I dare say at least five hundred to one if they were free from the terror 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 Authority of the Nation under them This was purposely so contrived to engage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publique disclaimour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegall Common Councell newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designes and entangle 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 Andrewes 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 Pharasiticall House of Commons voted an Act 171. A Thanks-giving Dinner in the City for the Generall c. 1. Iune for a day of Thanks-giuing 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 Councell of State the Generall 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 Relief of Ireland to engage the City farther to them Cromwell had the Chaire in that Committee the device was that the Common Councell should invite the Parliament Councell 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 whit-broth and custard had beene bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast downe with another for the glory of his owne Name and that he might have an occasion to purge the Army as he had done the Parliament of all free-borne humours 172. The Councell of State sit in pomp at Wihte hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councell of State sit in as much state and splendour with their Roomes 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 Majesty were but Mechanicks
Supreme Authority they have conferred as much upon the Councell of State as their ambitions ayme at they good Boyes shall have leave to breake up Schoole and go into the Countrey 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. Downe went the King and His Authority lapsed into the two Houses 2. Downe went the Peers House and all Authority fell downe into the Commons House 3. Downe goes the House of Commons and the Supreme Authority translates it selfe into a Councell of State And if my conjecture faile me not 4. Downe will go the Councell of State and all Authority be grasped into the iron hands of Campson Gaurus and his Mamaluchy his Councell of Warre when they shall think fit to Act bare-faced without using a packt pecce of a Parliament or Councell of State as a screen or vizard to cozen and befoole the people In order to which Government by the Sword 188. Cromwell voted for Ireland with ful power Civill and Military Cromwell is voted to go into Ireland with his owne confiding Officers and Army with all power Civill and Military for 3 yeares what doth this import lesse 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 returne with his Ianisaries and subdue the English to the like obedience In the meane time his proporty Fairfax shall be under the observation of the Councell af State here and be beleaguered both in his owne house and Army with Olivers Creatures and in this dishonourable fickle condition he shall have the vaine honour to keep Olivers Regalia the Crowne sitting upon one side like a Fooles Cap upon his Head untill he returne and shall then be called to account for all odious unfortunate accidents that shall happen for it is not for the Majesty of Oliver to beare the blame although they fall out by Cromwell's owne oversights or Gods anger upon him thus Cromwell's shadow being removed himselfe may take substantiall and actuall possession of the Throne which he already enjoyes in all things but the Title And then let all true Saints and Subjects crie out with me God save K. Oliver and his brewing Vessels The Iunto of Tituler Supremists at Westminster especially so many as have not packt themselves into the Councell 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 owne Bastard brood The Lords States at White-hall but there is no remedy Oliver is resolved to unyoke his Cattle and turne them to grasse he knowes 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 feare being alwaies most terrible to Cowards But the Councell of State hath set them their taske which they must speedily performe before they Adjourne consisting of 13. Poynts 1. That all Acts concerning the Loans of Moneys Excise Sequestrations Goldsmiths-hall Haberdashers-hall Assesments for England and Ireland be passed These reprobate Saints will sooner forget their God then their Mammon money You see they meane to perpetuate our burdens as well as their owne 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 lawfull for usurping Saints though not for a lawfull King by vertue of which the scum and dregs of the people base enough to associate with the Army shall be Armed and all men of quality fortunes unlesse such as owe their fortunes to their crimes dis-armed 3. Against exporting Wooll and Fullers Earth Unlesse it be for the benefit of the Saints 4. To prohibite 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 prohibite others But Gold and Silver are drawne out of Mines Royall and belong to the Saints by their prerogative 5. An Act to be passed for punishment of Revolted Sea men and Mariners None against trayterous tyrannous thievish Saints 6. An Act for relief of wel-affected Tenants against Malignant Land-lords who having compounded for their Estates rack their Tenants Rents or turne them out of dores This is a device First to make worke for such Members as not being of the Councell of State would become as contemptible as they are hatefull being devested of all power to play the Tyrants after Adjournment And secondly to stirre up all the Tenants of England especially Schismaticks to combine with them against their Land-lords and deprive them of the legall 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 oppresse make a prey of enslave and unspirit all the Nobility and Gentry of England here aymed at under the generall Title of Malignants oh persidious Tyrants keep your money Gentlemen or turne it into iron and gun-powder 7. An Act to suppresse Malignant Pamphlets aspersing the present proceedings of the Parliament Councell of State and the Army and prevent Printing as much as may be This is to set Truth in the pillory whilst her counterfsit impudent lying and slandering sits in state in Parliament Councell of State and Councell of Officers and rides trimphantly Coached into the City to Thanksgiving Devotions and Dinners 8. That the Pulpits being as scandalous as the Presse against their proceeding they enjoyne that a more strict course be taken to stop the mouthes of the Preachers hereafter 1 King 18.17 You see how Ahab-like these Subverters of Church and Common-wealth accuse our Prophets for troubling our Israel being their owne sinne and seek occasion to bring a spirituall as well as a corporall famine upon the Land cutting off the staffe of bread as well from our soules as bodies by stopping the mouthes of Gods Messengers 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 crie out to his owne soule and conscience with S. Paul 1 Cor. 9.16 Vae mihi si non praedicavero Woe be to me if I doe not Preach 9. That an Act be passed that that clause of the Stat. 23 Eliz. 25 Eliz. 1 Iac. against Sectaries sbould be repealed that none may be questioned thereby in the vacancy of Parl. What is this but to pray in ayde of Turks Jewes Anabaptists of Munster nay the Devill himselfe to joyne with them as they have already joyned with Owen Roe
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 Arreares 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 owne House 194. The Councell of State authorized to grant Letters of Marque Iune 25. An Act passed to enable the Councell of State with absolute power to grant speciall and particular Letters of Marque or Reprisall in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councell of State to make warre at Sea with all Princes and States at their discretion they have alredy so farre 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 worke for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foraigne Nations as will amount to a Generall practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyraticall Warre upon England as against a Den of Thieves and Robbers Common Enemies to Traffique and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatique Pyrats Captaine Younge hath blowne up with Gun powder a Ship of the Princes called the Antilope 195. Capt. Yongeu's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under 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 Sayle 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 Common-wealth 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 encrease their owne power and glory by Wars and therefore seek occasions of quarrell with their Neighbours such was the whole Family of the Barchines at Carthage the Scipios Fabii Camilli Grassi Pompeii Caesares and many more at Rome Thus was Greece torne in pieces by its Free-states The Commons have bestowed St. Crosses Hospitall upon Cooke for acting the part of an Attorny Generall against the late KING It is fit every Iudas 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-Councell may not want venyson to fill their Wives Bellies nor they Browe Antlers to hang their Hatts on 197. Order 9. Iune 1649. referring all secured and secluded Members to be examined before a Commitee The 9. Iune 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. Decemb. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of Iune 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 turne to recrute their thin House and expell the rest few repaired to them and of those very few were chosen the Speakers Sonne Sir Iohn Treavor who hath a Monopoly of 1500 l. per annum out of New-Castle 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 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 farre lesse 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 selfe a Parliament a meere packed Iunto to carry on forelaid Designes 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 Peeres nor for the abolishing Monarchy and turning it into a Free-state erecting a Councell 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 Lawes of England was such an imposition as neither agreed with the knowne 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 unlesse they would renounce their owne Consciences and Act the wills of their Ianisaries 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 adjourne and resign their more than Kingly Power to the Councell of State 198. Articles of Impeachment against the Speaker wherefore Cromwell finding he could not obtaine that of them by a Vote projected another way to work his Designe not the old way of a violent purge by securing and secluding the Members with his Myrmidons 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 kind of Stat-Chamber of military Nobles held like a Rod over the Mock Parliament Councell of State and the Generall in case they shall oppose Olivers Designes that is already infamous 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 Civill Law He caused the Councell of Officers therefore to frame certaine Articles of Impeachment against Mr.
consummated 2. That He might when He pleased inlarge cleer the truth with the reservednesse of His meaning herein by publique Declaration Now the Treaty being powerfully carried on without Debate or receiving any Proposition from the King as was capitulated and reciprocall Proposalls are of the Essence of all Treaties this Grant could never bind Him This Grant was a meer Preambulatory Proposition not of the Essence of the Treaty Philosophers and School-men tell us Proems to Laws are condemned by many Lawyers Polititians Est nihil frigidius Lege cum Prologo jubeat lex non suadet No valid proof can be drawn out of Proems and Introductions but out of the Body of the Text. So in the Lawes of England and in all Accusations and Charges Prefaces and Preambles are not pleadable They are the last in penning of Lawes least in account nor never had the force of Lawes There 's not a syllable in this Preface which Repeales any former Law inflicting a Penalty upon such Subjects as beare or raise Armes against their KING nor those Laws which è contrario exempts from punishment all Subjects adhering to the Person of the KING in any Cause or Quarrell Whereas the said Preface saith the two Houses were necessitated to make a Warre c. This may relate to a necessity à parte post not à parte ante self-defence is the universall Law of nature extending to all Creatures it is non Scripta sed nata Lex Therefore when the two Houses or rather a schismaticall Party in them had brought upon themselves a necessity of Self-defence By raising Tumults c. His Majesty was contented to acknowledge that necessity If one Man assault anothar upon the High-way and the Assailed furiously pursue the Assailant putting him to the defensive part the Assailant is now necessitated to fight in his owne defence although he drew that necessity upon himself yet is he now excusable à posteriori not à priori And as Civilians say of clandestine Marriages Quod fieri non debuit factum valet for multa sunt quae non nisi peracta approbantur Lewis the 13. of France had many Civill Warres with his own Subjects amongst other Treaties to compose them upon the Treaty of Lodun he was enforced to publish an Edict approving of all that had been done by his Opposites as done for his service The like Extenuations are not unusuall at the close of Civill Warres and the onely use made of them was never other than to make the adverse Party more capable of pardon to secure them against the brunt of the Lawes to salve their credits and pave the way for an Act of Oblivion and restore a setled peace Peace and Warre like Water and Ice being apt to beget one another But never was use made of such Grants to ruine the King that Granted them or His Party Thus having confuted that misprision That the King by Granting that Introductory Proposition had taken all the Bloud upon His score my Author having cleered his way to his farther Inquisition after Bloud proceeds and tells you Belw Cap was the first that opened the Issue of Bloud by entering England and shewing Subjects the way of representing Petitions to the King upon their Pikes points That the Irish took their rise from him And whereas occasion was taken to calumniate His Majesty for having a foreknowledge thereof amongst many other convincing Arguments to cleer him my Lord Macquire upon the Ladder and another upon the Scaffold did freely and cleerly acquit Him And in regard great use was made of the Irish Rebellion to imbitter the People against the King the Authour winds up the causes there of upon one bottome Telling you 1. They who complied with the Scots in their first and second Insurrection 2. They who dismissed the Irish Commissioners sent to present some grievances to the Parliament with a short unpolitique harsh Answer 3. They who tooke off Straffords Head the onely Obstructor of that Rebellion and afterwards retarded the Earle of Leicesters going into Ireland 4. They who hindered part of the Disbanded Army of 8000. Men raised by the Earle of Strafford being Solders of Fortune to go serve the Spaniard as His Majesty had promised the two Spanish Ambassadours the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the Bloud of above 10000 Protestants who perished in that Warre Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their Estates and grant them away to such as should advance Monies upon Irish Adventures Touching the Warre kindled in England the Authour confesseth it was a fatall thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above foure parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Burges and a Designe to seize the Kings Person yet its fit it should be remembred 1. What reiterated Messages His Majesty sent offering to returne if there might be a course taken to secure His Person with those Peeres and Commons rioted away 2. That there was not the least motion towards Warre untill Hotham shut the Gates of Hull against the King attended onely with some few of His houshold Servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellours under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two yeares after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forraigne Force to help them and whose Commissions of Warre were near upon two yeares date before the Kings 6. That in all His Declarations He alwayes protested He waged not Warre against the Parliament but against some Seditious Members against whom He could not obtaine Common Iustice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedom of Trade from Town to Town Acessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aime was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Cbief pawn'd their Souls to Him
thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crowne and every thing that was personall 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 Allegeance Contrary to the Whole Current of the Law which saith The King can doe no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Elizab. lay because the Crown wyped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad paenam quod Deum expectat ultorem If therefore by the Lawes of the Land all men must be Tryed by their Peeres and the King have no Peere what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Iudges and to Erect an unpresidented Tribunall without the least Foundation in Law with power and purpose to condemne all that came before it and that Sentence of Death should passe without conviction or Law against the Head and Protectour of all our Lawes and Fountaine of Iusticc 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. M. Pryns excellent Book entituled A legall Vindication of the Liberties of England Against illegal Taxes 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 illegall Tax of 90000 l. a Moneth imposed upon the People by a pretended Act of the Commons bearing Date of 7 Aprill 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamentall Lawes and known Statutes of this Land No Tax c. ought to be Imposed or Leavyed but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realme 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 Loanes 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 Hackwell in his Argument against Impositions Iudge Hutton and Crook in their Arguments Mr. Saint Iohn in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Edw. Cook 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 actuall dissolved above two monethes 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. Cookes 4. Institutes p. 46. 4. Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliament according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3 which are Summoned and Constituted onely by his Writ the Writ is actually abated by bis Death 1 Edw 6. c. 7. Cookes 7. Rep. 30. 31. Dyer 165. 4 Ed. 4. 43. 44. 1 Edw. 5. 1. Brook Commission 19. 21. It appeares by the writs of Summons to the Lords Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Common wealth formally it cannot be the same the King the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmaticall Taylors in the House who can make a garment fit for all states of the moon and a Parl. fit for all changes of the State Crompt Iurisdiction of Courts fol. 1. Cookes 4. Instit p. 9. 10. and of Elections and leavying their Wages That the Parliament was onely Parliamentum nostrum the Parliament of the Kings that 's Dead not of his Heires and Successours They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heires and Successors of great and weighty Affaires concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2 Dors Claus Regist fol. 192. 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revivall The Parliament is determined thereby especially as to those who have Dis-inherited his Heires and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Iudges Iustices of the Peace Sheriffs made only by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Iustitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7 Rep. 30 31. 1. Ed. 6. c. 7. Daltons Iustice of Pace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of this Parliament 17. Car. That this present Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4
for a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a Warre against Owen Roe and the rest in Armes in that Kingdome 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. Monke 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 Martiall without which Military Discipline will perish and by the Lawes of our 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 Iohn Winter and Sir Kenelme Digby sent for over as was foretold by an intercepted Letter where of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neale 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 himselfe in Armes in Ireland Ormonds Catholique Irish party would all forsake him and go over to O Neale who maintained the Popes Interest in that Kingdome The aforesaid Paper printed by Authority and stiled The true State of the Tronsactions c. besides the said Articles of Cessation Nota. setteth downe other Articles called The PROPOSITIONS of Generall Owen O Noale 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 joyne with Generall Owen O Neale within the space of three Months is not in the said Copie printed at Corke in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Lawes and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said Parties their Heires and Successors for ever while they Loyally serve the Parliament of England 2. The said Generall 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 Yeare 1641. 3. They desire that Generall Owen O Neale 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 Generall Owen O Neale may be restored and put in possession of his a a Ancestors not Successours a fault of the Printers Successors 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 performe in the Parliament of Englands Service in the preservation of their interest in this Kingdome 8. That the Army belonging to Generall 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 doe upon receiving a confirmation of these Propositions forthwith undertake and promise in behalfe of my selfe and the whole Party under my Command faithfully and firmely adhere to the Service of the Parliament of England in this Kingdome and maintaine their Interest hereafter with the hazard of our lives and fortunes In witnesse whereof I have hereunto put my Hand and Seale this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus farre the said Paper stild The true State c. goes on with the Relation of the said Treaty and Agreement but conceales what farther Transactions passed between Monke and O Neale upon the last recited Propositions Wherefore I shall be bold to continue the Story out of a Paper entituled The Propositions of Owen Roe O Neale sent to Col. Monke The Story of the farther Transactions between O Neale and Monke continued and enlarged out of the Propositions printed at Corke and a Cessation for three Months concluded between them Together with a Letter thereupon sent by a Gentleman at Dundalke to his Friend at Corke Printed at Corke 1649. The last recited Propositions were sent to Monke 25. day of April 1649. who perused them and made some inconsiderable alterations in them as appears by Monkes Letter of Answer thereupon to Owen O Neale dated from Dundalke 26. April 1649. as I find it in the said Paper printed at Corke in these words SIR I Have received your 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 behalfe of your selfe 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 meanes to beget an increase of their good opinion towards you and your Patry 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 obtaine their favourable Answer in returne of them And in the meane time I desire that according to this inclosed Paper three Months Cessation between us be condiscended unto and inviolably kept between our Forces during the same time Dundalke 26. April 1649. Gorge Monke 1. Observations upon Monkes Letter 1. Col. Monke in his said Letter to O Neale 26. April answereth him 1. That he had perused his Proposition 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 will assured be should not receive
him to contemne them both Thus putting my trust in God I put Pen to Paper and my life into the scales vvhere God I knovv holds the ballance he vvhose providence takes notice of a Sparrovv falling from the house-top vvill vvatch over me and either protect me against them or receive me from them Cromvvell and Ireton by advice of their thriving Iunto of Independents in the tvvo Houses having mutinied the Army against their Masters the Parliament 2. An Introductory Repetition See my I. Part of the History of Independency sect 7 8 9 10 11 13 14. found that crime could not be defended but by committing greater vvherefore they seized the Kings Person at Holdenby to gaine Authority vvith the People that they might the better subdue the Parliament to their lusts for the better expediting vvhereof Sect. 18 19. they courted the City of London to sit Neuters and let them vvorke their vvills vvith the Parliament vvhich Myne not taking fire they united the scismatical Party of the City and Countrey to them and all such as being guilty of publique cheats and spoyles desired the protection of the Svvord to make good their rapines and accounted all men else as Enemies applying themselves to vvooe and cajole the People easily vvrought upon as being vveary of the VVarre and of the Mis-government Factions confusions and oppressions of their nevv Masters the Parliament vvhich indeed vvere very great but aggravated by them and their Agitators beyond the truth and the vvhole vvaight of them charged upon the more moderate and innocent Party onely because they vvere their Opposites vvhereas had they set the saddle upon the right horse as sure as Iudas bore the Bagge the Independents must have rid before the Cloak bagge they being the Publicans and Sinners that handled most publique treasure The Layers on Exactors Treasurers c. of Taxes the farre more numerous and busie party in all Mony-Committees and gainfull Employments Engrossers of all great Offices and the greatest Sharers of Publique money amongst themselves for Compensations for Losses and Revvards for Services pretended and consequently that Faction vvere the greatest Dilapidators of the Common-vvealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent faction lay their Bastards at other Mens dores making a shevv to redresse those faults in other men vvhich themselves are chiefly guilty of vvherefore the better to ingratiate themselves vvith King and People they printed and published Engagements Declarations Remonstrances Manifestoes Proposals and Petitions of their ovvne penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steale the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publique Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Lavves Liberty and Property Setlers of Religion Maintainers of the Priviledges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives vvith honour freedome and safety to his Person originally their ovvne vvords Booke of Declarations of the Army pag. 112. Represent of the Army at S. Albons Iune 23. 1647. B. Decl againe p. 64 Sir Tho Fairfax's Letter to the Houses from Reading Iuly 6. 1647. B. Decl againe p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 1â— 14 4â— and my Animadverssions upon the Armies Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands Nevv Chains and the Hunting the Foxes from Nevv Market and Triplo heath to White hall by five small Beagles p. 6 7. See my Animadversions upon the Armys Remonstrance Nov. 20. 1648 and Putney Projects p. 43. and Major Huntingtons Relation in a Booke caled A plea for King and Kingdome in Answer to the Armys Remonst presented Novemb. 20. 1648. pag 14 15. 16. and Second part of England's New Chaines and the said Hunting of the Foxes c. And the Reasons inducing Major Robert Huntington to lay downe his Commission though since they Quarrell vvith Parliament City for using them Reducers of his Queen and Children vvithout vvhich they openly professe and Declare positively in many printed Papers to the vvorld and the Parliament There can be no setled peace nor happinesse to this Nation The truth of this Assertion vvas obvious to the meanest Capacities and vvill sodainly be proved by deare and lamentable experience To all these undertakings they novv hunt directly counter yet in pursuance of these undertakings the Army by their ovvne Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtaine from his Parliament They treated vvith him yea they vvrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to preferre the Proposals of the Army and then presuming they had him fast lymed they propounded to him anevv as I have it from good hands private Proposals for the Interest of the Independent Grandees and the Army derogatory to the Kingly Povver and Dignity to the Lavves Liberties and Properties of the Subject and destructive to Religion To vvhich his Majesty giving an utter denyall they began to entertaine nevv Designes against the Kings Person and Kingly Gouvernment vvhich they ushered in by setting the Schismaticall and Levelling Party on vvork in City and most Counties to obtrude upon the Houses clamorous Petitions against further Treaties and demanding exemplary Iustice against the King exceedingly laboured by Cromwell himselfe in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Decemb. 11. 1648. vvas the most eminent these men that insolently petitioned against the fundamentall Government of the Land and Peace by Accommodation vvere entertained vvith Thanks Others that petitioned for Peace by Accommodation vvere entertained vvith Frovvns disfranchisings sequestrations vvounds and death as the Surrey Gentlemen this shevved vvith hovv little reality the over-ruling Party in the Houses Treated vvith the King 2. part of England's Chaines discovered 1. Treaty 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 VVight 2. The Parliament that is the predominant Party pursued him thither vvith offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he passe 4. Dethroning Bills of so high a nature that he had enslaved the People subverted Parliaments and had made himselfe but the Statue of a King and no good Christian had he by his Royall assent passed them into Acts of Parliament 1 par Hist Ind. sect 62 63 64. and the Parliament or rather the Grandees
attend his Majesâ—y in the Treaty The next thing debated vvas the List of such Gentlemen as vvere named to attend the King in this Treaty The moderate Party excepted against Ashburnham a great man vvith Cromvvell and Legge as being Prisoner to the Parliament The Independents excepted Dr. Shelden Hammond and Oldsworth for the same reason but the next day the Speaker moved that Legge and Ashburnham might go to the King and to satisfie such as had objected their Imprisonment against them the Independents alleaged they vvere unduly imprisond and moved a Committee might be appointed to examine the cause of their Restraint but the moderate alleaging the same reason for the said three Doctors and making the same motion for them there vvas no farther proceedings therein Thus farre I have briefly set dovvne the Preparations tovvards a Treaty 13. Master Pryns Speech in the House proving the Kings concessions to be a groud for a setlement the Treaty it selfe betvveen the King in the Isle of VVight and the Parliaments Commissioners their Reports of the Results to the Houses and the Houses Debates and Votes upon them tooke up almost all the time untill the 6. December 1648. some fevv businesses of no great moment intervening many imperfect and partiall Relations of them have been printed cum Privilegio but Mr. VVill Pryn in his excellent Speech made in the House of Commons 4. Decemb. 1648 and since printed hath set dovvn all the most materiall Arguments on both sides vvith great candor and ingenuity and hath confuted the Enemies to Peace and Accommodation if strength of Reason can confute those men that follovv onely thier ovvne Interests of povver and profit vvhose vvills and lusts have alvaies been their ovvne lavves and are novv become the onely Lavves of this Conquered Kingdome I love not actum agire I referre my Reader therefore to his Speech and vvill only trouble him vvith some Observations upon this Treaty I have said something of the Militia 14. The Militia and Negative Voice sect 62 63 64 106 and the Conclusions 15 16 17. and the Kings Negative Voice in the 1. part of this History especially in the Conclusions at the latter end I vvil onely say that vvithout them the King cannot be a Governing King but a bare Titular King a picture a shadovv because the protection of the People depens upon the povver of the Svvord He cannot protect them and their Lavves vvith the Scabbard The Authority of the Scepter follovves the povver of the Svvord vvherefore to give avvay one is to lose both nor can the Subjects be any longer His Majesties Subjects but Salves to their fellovv Subjects vvhen so many petty Kings not authorized by any lavv of God or Man to protect the People shall hold the Svvord over their Heads and distract them vvith different Opinions disagree in Commands according to the variety of their severall lusts factions and interests hovv can the King according to his Coronation Oath and duty to vvhich God hath called him Governe and protect his People 1. part sect 40 41 42. vvhen he hath given avvay his Svvord to a factious Parliament vvhere one Party tyrannizeth over the other and threatens the other vvith the longest Svvord hovv absurd and impossible it is for the Subject to expect protection from one hand and to svveare and pay Alleigannce to another hand that hath divested it self of all povver to protect them let our Lavves the practice of all Nations and times and the judgement of the learnedst Politicians tell you vvhose Maxime is Illa optima est Respublica ubi Princeps quà m maximum potest boni quà m minimum mali Primò ne nova Tributo indicere nova vectigalia constituere possit inconsultâ Republicâ Deinde legum condendarum anti quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Gouvernment vvhere the King can doe most good and least evill 1. Let Him be disabled to raise nevv Taxes lay on nevv Tribute 2. Let Him not have the sole povver to make or repeale Lavves vvhich ought to belong to the Common-vvealth not any one Magistrate for no povver is more hurtfull to the People nor stirres more Commotions them these tvvo such is the Kingdome of England the King hath neither the povver of our purses nor the changing of our Lavves in His hands and if he give avvay his Svvord he vvill be such a King of clouts as can doe neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundam Leges non est major neque par such vvas the Dictattor at Rome he had no equall there Papyp cursor dictator ad judged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers vvith this saying Vicit tandem imperii majestas such is the King of England the Common-vvealth cannot compâ—ll him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreme Governour in all Causes over all Persons so doe all our Statutes to vvhom in Parliament vvhich is his highest sphere of majestie i the last appeale by VVrit of Error vvho is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise vvith him and dissolves it vvhen he is satisfied He makes VVarre Peace See the 1. part of this History Prolegomena 1. and is Protector of the Lavves and of all just Interests onely the policy of the Lavv disables him to make repeale or alter Lavves or raise Monies vvithout consent of both Houses by Bill passed vvhich is but an Embrio untill he quickens it by his Royall Assent because this vvay the King may doe most hurt and vvrong to his people as I have already said it being the vvisdome of our Lavves to keep the Svvord in one hand and the purse in another The 1. proemiall Proposition for justifying the Parliaments Cause and Quarrell and condemning His owne Cause and Party 15. The 1. Proposition for justifying the Parliaments and condemning His owne quarrell vvas a bitter pill but an earnest desire of peace svveetned it and guilded it over and invited him to svvallovv it vvithout chavving or ruminating upon it but hovv devilish unchristian and illegall a use the Faction have made of this extorted confession let God judge Their insisting upon it that the King should take the Convenant 16. The Covenant endevoured to be put upon the King vvas an errour in Policy vvhereof the rigid Presbyterians are guilty they supposing the King vvould take it at last stood upon it and intended thereby to joyne the King to their
Int rest and Party The more subtile Independent knevv the King vvould not nor could not take it and therefore complied vvith the Presbyterians in obtruding it upon him to breake off the Treaty many things in the Covenant vvere vaine in the Person of His Majesty as that He should sweare to maintain His owne Person c. vvhich the lavv of nature binds him to vvithout an Oath vvhich in this case is idle and a prophaning of Gods name some things in the Oath vvere contradictory to vvhat the Parliaments Propositions desired of him as to maintaine His owne Authority in defence of Religon Lawes and Liberties vvhich vvas impossible for Him to doe unlesse he kept the Militia in his ovvne hands and his Negative Voice also vvhich that clause in the Bill of Militia That all Bills for leavying Forces should have the povver of Acts of Parliament without the Royall Assent c. vvould 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 vvay to their utter enslaving To sweare to Abolish Bishops c. vvas against his Coronation Oath To sweare to extirpate Heresies Schismes c. is more then the Independents vvould permit To sweare to maintaine the Vnion between the two Nations vvhich the Parliament declare already to be broken by the Scots Invasion is vaine besides hovv unjust a thing vvas it to impose that Oath upon the King vvhen 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 vvas no part of the Propositions upon vvhich the Treaty vvas begun but a subsequent request upon an emergent occasion and therefore I see no reason vvhy the King should have given any Ansvver to it but onely have held himselfe to the originall Propositions yet he did Ansvver 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 vvhich being voted unsatisfactory and moved that a new Declaration might be published against him the King vvas inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do novv comply vvith Ovven Roe Oneale and have entertained O Realy the Popes Irish-Vicar-generall in England to negotiate for the Irish massacring Rebels vvith the Parliament These things considered prove vvhat I find in our late King Charles the 1. most excellent Booke Chap. 18. That it is a Maxime to those that are Enemies to peace to aske 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 vvill not trouble my Reader vvith these being enough to shevv 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 vvho cavilled avvay so much time in the Treaty 17. Iones complaines by Letters that Ireland was like to be lost untill Cromwell had done his vvorke in the North and marched up to Tovvne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Iones sent vvhining Letters from Dublin to the Steers-men at Darby-house complaining that all Ireland vvas 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 vvhat vvas resolved could agree amongst themselves the Engrossers and Monopolizers of Olygarchy into a fevv hands desiring to make themselves a corporation of Tyrants suspect an opposition from the Levellers and vvould faine turne them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling Principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee straine courtesie vvith their Betters and vvould have them goe first thinking the seeds of liberty and equality vvill prosper better in the soyle and ayre of England VVhile they vvere disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of VVight during the Treaty the King had recovered that Kingdome intirely to himselfe vvhich had been of great advantage to him The 20. Novemb. 1648. Col. Evvers 18. The Remonst of the Army to he House of Commons Nov. 20 1648. vvith seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscall things An humble Remonstrance of the Army it is founded upon these five Anarchicall Principles 1. That themselves and their faction onely vvhom they call exclusively the VVel-affected Godly Honest Party the Saints are the People of England all the rest but Philistins Amorites or at the best but Gibeonites 2. That their Interest onely is the publique Interest of the People 3. That thè People that is themselves are the onely competent Iudges of the Peoples safety contrary to the Lavves and practice of all Nations vvhich bestovv that prerogative onely upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrate armed vvith Supreme Authority as vvell as vvith their Svvords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies vvhich they Remonstrate admitted they shall make such appeale to God that is their Svvord as formerly they have done 4. Principle is consequentiall to the 3. That they may drive on their Designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes what soever under colour of that much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Lavv vvhich hath been the fruitfull Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons vvho usually fish in troubled vvaters to attaine to those ends vvhich they could never arrive at in setled Governments This is a Principle or nevv light discovered by Maior Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imply as much in this Remonstrance p. 45 saying It cannot be safe to accommodtae vvith the King because if He returne and this Parliament continue long and unlimited He vvill make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his ovvne out of Question and therefore vve dare not trust
their liberty and subjected to him and then God who only hath power of life death invests the King with power to be the Minister of God to execute vengeance not bearing the Sword in vain Rom 13. See Dr. Hammonds Letter to the L. Fairfax Ian. 5. 1648. Saint Peter bids us Submit to every ordinance of man for the Lords sake vvhether 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 vvill according to their 4th Antimonarchicall Principle make the giddy ignorant tumultuous many-headed multitude Iudges of their King and make the confused Rabble his Superiours thereby setting up tvvo Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lavves and leave all to the povver of the Svvord in an Arbitrary vvay to carry on their designe to vvhich purpose they have lately caused their Iourney-men the present House of Commons to Vote contrary to our knovvne Lavves That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchicall Principle of the Army and their Party vvho vvanting reason to prove it assert it by the Authority of their mock-Mock-Parliament and must novv make it good by the Svvord to justifie their proceedings against the King and People These popular principles are meer empty notions vvhereby the Grandees dravv the Supreme Authority thorovv 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 enjoying the fruits of their labours their goods possessions estates and their personall liberty according to the knovvne Lavves of the Land VVhen Harry Martyn in Berksh forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that vvhich vvas not their due to rob them of that vvhich vvas their due their Horses Goods Money plundered from them for service of the State forsooth and beat them that defended their ovvn so that vvhile 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 fevv covetous ambitious men that desire to bring the King to capitall punishment and subvert our fundamentall Government and Lavves that have usurped the povver of the Kingdome into the hands of their Faction and novv require this to keep themselves from being called to account The second demand tends to Dis-inherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquite themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome this Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and vvill This is to shut the dore 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 ovvne 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 nevv erected Committee of State the hogen mogens at VVhite-hall Thus you see having removed out of the vvay the King the first and most visible legall Authority they vvil novv put dovvne the Parliament the second visible Authority of England vvho are novv the onely Bulvvarke against the Tyranny of the Svvord and then as Major VVhite said at Putney long since there vvil be no visible Authority left in England but the povver of the Svvord vvich vvil introduce a nevv Parliament or rather fantasticall nevv invented Representative destructive to Parliaments all of their ovvne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That none shall be capable of Electing This is so exdlained by the Moderate one of the raling Pen men of the faction who hath a large share in the 500. or 600 l. a yeare allowed to these Pamphletiers 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 shal signe to the Agreement of the People vvhich 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. Anarchicall Principles in the beginning of this Paragraph nor any that oppose this Agreement By vvhat Authority but the arbitrary svvay of the Svvord shall Free-men be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Lavv and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and vve are their Slaves 3 That Elections may be so distributed as to render the House of Commons a Representtative of the vvhole People that is tagge and ragge and Canting Beggers vvho have nothing to give or lose as vvell as Free-holders so farevvel VVrits of Summons and all orderly legall formes if all men vvithout any distinction may Elect and be Elected all vvill fall into confusion the Rabble vvill never agree all things vvill tend to Riots and Tumults so that the better and soberer sort vvill and must forbeare and leave all in the hands of the Rascallity and at last no Representative vvill be chosen or such an one as the People vvill be ashamed to ovvne and vvill 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 hovv frequent Civill VVarres are in all Elective Kingdomes during the interregnum or space betvveen the death of the old and choice of the nevv King hovv obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland 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 Crovvne Revenues be othervvise disposed of as is inferred and their Heads exposed to the humours ol the People or their Representative
it is eleven or tvvelve of the clock before they can get forty Members together to make a House of vvhich number they sometimes faile one time the Members vvould have had the Speaker go on upon businesses vvith a lesse number than forty but he knovving all so done to be illegall and void refused and yet to piece up the House they permit Mr. Blagrave Mr. Frye and Humphry Edwards to sit as Members notvvithstanding their Elections are Voted void by the Committee of Elections and one day an Officer of the Army having taken some Members going to the House and secured them in the Tobacco Roome under Guard The Speaker not being able to muster enough to make a House vvas faine to send to the said Officer to lend him his said Prisoners to make up a Free Parliament This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them nay it can be proved that meanes hath been used to suborne VVitnesses against them besides vvhich the faction have made a strict inquisition into their lives and conversations and have hitherto met vvith nothing 25. The day after the House purged in comes Dr. Cromvvell Hen Martyn his Apothecary Thus the House being throughly purged the next day in comes the Doctor Oliver Cromwell out of the Country bringing in under his protection that sanctified Member Henry Martyn vvho had spent much time in plundering the Country had often baffled the House and disobeyed many of their Orders sufficient to have made an honest man a Malignant liable to Sequestration But great is the priviledge of the Saints It fortuned that day the case of the secured Members vvas reported to the House vvhich Harry interrupting desired them to take into consideration the deserts of the Lieutenant Generall vvhich vvith all slavish diligence vvas presently done And the Speaker moved that to morrow might be a day of Humaliation to be kept in the House to humble the Spirits of the Godly much overleavened vvith the Scotish Victory That you may the better understand hovv farre they meane to be humbled Hugh Peters the Pulpit-Buffon vvas one of their Chaplaines vvho in stead of delivering the Oracles of God delivered the Oracles of the Councell of VVarre to them talking obscurely of Accommodation and Moderation and advising them to adjourne till Monday or Tuesday I think that the Army might cut out vvork for these Iourney-men of theirs and might vvorke their vvills upon the City in the meane time vvhen no House should be sitting for the Citizens to addresse their Complaints to for in the interim they Garrisoned Black Fryars and S. Pauls reforming it from the Church of God to a Den of Thieves Stable of Horses and Brothell of VVhores and Robbed diverse Halls in London of vast summes of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26. A Declaration of the seâ—ured and secluded Members against the violence of the Army the said secured Members published a printed Paper as follovveth A solemne Protestation of the imprisoned and secluded Members of the Commons House Against the horrid force and violence of the Officers and Souldiers of the Army on VVednesday and Thursday last the 6. 7. of Decemb. 1648. WE the Knights Citizens and Burgesses of the Commons House of Parliament above one hundred in number forcibly seized upon violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax comming thither to discharge our duties on VVednesday and Thursday last being the 6. and 7. of this instant December doe hereby in our Names and in the Names of the respective Counties Cities and Burroughs for vvhich we serve and of all the Commons of England solemnly protest and declare to the whole Kingdome That this execrable force and open violence upon our Persons and the whole House of Commons by the Officers and Army under their command in marching up against their command and placing 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 Freedome 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 forcible seclusion from the House and the continuance of the Armies force upon it are no way obligatori but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparalell'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedome of Parliament and Disturbers of the peace and setlement of the Kingdome and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemne Covenant and duty under paine of deepest perjury and eternall infamy are obliged unanimously to oppose and endevour to their utmost power to bring them to exemplary and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Governement and Lawes of this Realme All which we held it our duties to declare and publish to the world for feare our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guilty of betraying the Priviledges Freedome and Honour of this Parliament to our perpetuall reproach and the prejudice off all succeeding Parliaments Dated at VVestminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons passe and print a Declaration against the said Declaration The said solemne Protestation of the secured Members being complained of vvas 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 vvith Authority instead of Reason both Houses passed this follovving 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 talking into their consideration a printed Paper entituled A solemne Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and procedings 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 and the continuance of the Armies force upon it are no vvay obligatory but void and null to all intents and purposes The present visible Government is the Power of the Sword in the hands of Rebels The fundamentall Government of this Kingdome is destroyed by the remaining faction in the Ho. of Commons by their Acts For abolishing Kingly-Government The House of Peers their putâ—ing dovvne Trials by Iury of 12 mâ—n and setting
Clotworthy Major Gen Massey and M. Lionell Copley Members of the House of Commons That he had Orders from the Lord Generall and Councell of the Army to remove them from the other Prisoners to S. Iames's They replied to him That they desidered to see his Orders the Marshall Ansvvered Thy were onely verball but the Gentlemen insisting to see a VVarrant for their remove the Marshall vvent to the Generall and from him about six a clock brought an Order a true Copie of vvhich follovves viz YOu are upon sight hereof to remove Sir Will Waller Sir Iohn Clotworthy Major Generall Massey and Colonel Copley from the Kings-head Inne vvhere they are novv in Custody to Saint Iames's and for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. To Marshall Generall Lavvrence T Fairfax This Order being shevved unto the foresaid Gentlemen S. VVilliam VValler produced a Paper desiring that the same might be presented to the Generall vvhich Marshall Lawrence refused to receive upon vvhich the said Sir VVilliam VValler and the other three Gentlemen desired the said Marshall and all the Gentlemen there present to attend and vvitnesse to that Protestation vvhich they did there make in behalfe of themselves and all the Commons Free-borne Subjects of England so vvith a distinct and audible voice read their Protestation as follovveth WE whose Names are hereunto subscribed being Members of the House of Commons and Free-men of England doe hereby Declare and protest before God Angels and Men That the Generall and Officers of the Army being raised by the Authority of Parliament and for defence and maintenance of the Priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure deteine imprison or remove our Persons from place to place by any colour or authority whatsoever nor yet to question or trie us or any of us by Martiall Law or ortherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removall of our Persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamentall Lawes 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 VVe and every of us doe 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 In vvitnesse vvhereof vve have hereto subscribed our Names the 12. of December 1648. At the Kings-head in the Strand VVilliam VValler Iohn Clotworthy Edward Massey Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members discharged Sir Simon Dewes Members secured vvere set at liberty vvithout any engagement although at first it vvas demanded they should engage not to attempt any thing against the present actings of this Parliament and Army vvhich they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered vvas delivered into the vvorld a monstrous Beggers Brat called The Agreement of the People It is very judiciously Ansvvered by Mr. VVilliam Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. vvhereof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction vvithout any colour of Lavv or Right should agree together to take away finally the present Government by King Lords and Commons vvhich the Kings Party heretofore charged upon the Parliament as their Designe for vvhich they fought vvhereupon the Parliament to vindicate hemselves published many Declaratione and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes avvay the legall right from Burroughs to chuse members of Parliament this admitted they may as vvell conspire to take avvay any Lavv or any mans Life or Estate by vvhich rule vve could enjoy nothing but at the vvill 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 farre better grounds as being farre the more numerous and standing for defence of those auntient Lavves vvhich doe constitute the People and Common-vvealth of England vvhich vvill breed infinite confusions and divisions and vvhat those that call themselves the People novv 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 Triall hath been made by the present knovvne legall povver of England vvhether those inconveniences may not be removed vvithout subverting the present Government and introducing so totall a change as vvill be very dangerous and grivous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. vve are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments vvhich 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 vvel as the Kings party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Lavves and Taxes imposed upon them by Subscribers vvho are the least and the least considerable party of the Kingdome and upon vvhom they conferre no trust vvhich is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knovvne Maxime in Lavv Quod omnes tangit ab omnibus tractari debet vvhat concernes all men must be debated and agreed to by all men either personally or representatively 5. It vvill raise factions and feudes betvveen the Subscribers and Non-subscribers of the Parliament party 6. It takes avvay Magistracy and Government not onely by placing such a Supreme povver over them as is disputable nay apparently illegall But by making the heady multitude the People supreme Iudges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is vvith this salvo except such Representative shall expresly violate this Agreement vvhich makes every man or number of men that shall get povver into their hands Iudges of it nor is there any other Iudge designed and if there vvere vvho shall judge that Iudge sic in infinitum the legall supreme Trust of all publique interests being taken avvay our vagabond thoughts vvander in a circle not knovving vvhere to repose our trust all Iudges all Councels may erre but the rascall multitude are the very sinke of errors and corruptions If therefore the Supreme the
Representative have so unstable an authority vvhat shall the subordinate Magistrate acting under them have 7. It smels so much of the Iesuite that it tolerateth Popery in private Houses contrary to the knovvne Lavves of the Land Popery like the old Serpent if it once get in the head vvill soon insinuate the vvhole body being so vvell backed by potent Princes and Councels from beyond Sea And truly I knovv not vvhat to say against Popery vvhere Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the povver of the civill Magistrate as in this Agreement 8. It vvill lose Ireland the managing of the VVarre there being legally in this Parliament by Act passed not in this nevvfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for vvhich the Parliament so often Declared Voted Protested and Convenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestovves the Cause upon the King as if He onely from the beginning had fought for them vvhich all men have reason to believe vvhen they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament Armies vvere Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity vvithout vvhich they are Thieves Rebels and Murderers 11. It demands that there be no Lavvyers nor Lavves but nevv Rules in English to be made from time to time by the nevv Representative vvho are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to vvhich justice shall be administred not by Mayors Sheriffs Iustices of the peace Officers alvvaies ready but by Hundred Courts vvho are to supply the roome off all the Iudges and Lavvyers of the Kingdome and all this to lie in the brests of 12 Men in every Hundred of the Tribe of the Godly be sure vvho peradventure can neither vvritte nor read nor have responsible Estates to satisfie vvrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lavvyers Ministers vvho vvill oppose it becaâ—se it confounds and destroies Religion and depriveth the Ministery of its lot Tythes stopping their mouthes vvith famine purposely to cast them off and generally all men of quality and discretion vvill vvithstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety vvho then are left to ovvne and subscribe it but desperate forlorne Persons vvho because they cannot bring their actions under the protection of our present Lavvs and Government vvill bring the Lavvs and Government to their ovvn corrupt vvills and interests and therefore vvill signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and there being no other Iudges of their keeping it but the Subscribers vvho in the result of all have the Lavv in their ovvne VVills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same vvhich vvas subscribed by 9. Regiments of Horse and 7 of Foot and presented vvith a Petition to the House of Commons Novemb. 5. 1647. by the Agitators Gifforde the Iesuite being then in the Lobby vvith them and very active therein Vpon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together vvith a Paper annexed intituled An Agreement of the People for present and future peace upon grounds of Common Right avowed Hovv these Papers come novv to be ovvned those that opposed them violently secured by the Army by the connivence at least of the dregs of the House novv sitting let the Saints novv voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamentall Government of the Kingdome Resolved c. That a Letter should be sent to the Generall and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The Generall and Councell of VVarre in pursuance of this Vote condemned one of the Agitators vvho promoted it 37. The said Agreement damned by the General Councell of VVarre and a Souldier shot by sentence for promoting it and shot him to death at VVare you see vvhat it is to doe a thing unseasonably this Designe of the Army and their Party vvas not yet ripe vvherevvith they acquainted the House yet they kept in the same fire in the City still vvhere some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter vvith a Petition into the House of Commons vvhere-upon the House giving thanks to the Generall for the execution done at VVare and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Novemb 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed vvas read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho Prince Cheese monger and Sam Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamentall Government of the Kingdome Resolved c. That Ieremy Ives Tho Taylor and VVill Larner be forthvvith committed Prisoners to the Prison at Nevv-gate c. as last aforesaid in Terminis Aftervvards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person vvho hath contrived abetted persvvaded or entred into that Engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments
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 Iustice The King only saying My Saviour suffered more for my sake VVhether this vvere the first day or aftervvards I knovv not 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 Ianuary 22. The KING was brought again to His Tryall 81. The second dayes Tryall of His Majesty Solicitour Cook 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 behalfe 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 doe That the matter of Charge may bee taken pro Confesso and the Court may proceede according to Iustice 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 behalfe 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 particular Answer to this Charge exhibited against You they expect you should eyther confesse or deny If you do deny it is offered in the behalf of the Kingdome to be made good against You VVithout any Lavv President rationall debaâ—e or Arguments to proâ—e it Oh brutish Tyranny Their Authority they doe avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therefore You are to give a Positive Answer King When I was here last its true I made that Question and truly if it were onely 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 Iurisdiction upon Earth but it is not My case alone it is the Freedome and the Liberties of the People of England and doe you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamentall Lawes of the Kingdome I doe not know what Subject he is in England that can be sure of his Life or any thing that he calls his owne Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against Me here and therefore 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 doe 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 doe is not agreeable to the proceedings of any Court of Iustice False You are about to enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisonner 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 doe Plead for the Liberty of the People of England more then you do and therefore if I should impose a beleefe upon any Man without Reasons given it were unreasonable Bradsh Oh Brutiâ— Aâ—â—me Kingdome to be Governed by an up â—arâ— Authority vvithout 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 doe not know how a King can be a Delinquent but by all Lawes that ever I heard all men may put in Demurrers against any proceedings as Illegall and I doe demand that if you deny that you deny Reason Bradsh Overrule a Demurrer vvithout Argument If a man may not Demurre to the Iurisdiction 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 demurre to the Iurisdiction of the Court if You doe 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 Iurisdiction of the Court they have considered of their Iurisdiction they doe affirme their owne Iurisdiction King I say Sir by your favour That the Commons of England were never a Court of Iudicature 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 doe 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 doe 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 Iurisdiction 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 be heard against the highest Iurisdiction King Shew Me that Iurisdiction 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 Iudicature 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 tooke defended My selfe with Armes I never tooke up Armes against the People but for the Lawes 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 Triall of His Majesty Tuesday Ianuarij 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cooke 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 Barre 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 doe 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 Standard for Warre against his Parliament and People and I did humbly pray in behalfe 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 Iurisdiction of the Court which the Court did then overrule and command Him to give a direct and positive Answer My Lord besides this great delay of Iustice I shall now humbly move your Lordship for speedy Iudgement against Him I might presse your Lordship upon the whole That according to the knowne rules 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 Barre hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the remnant of the Ho of Comm had fore judged the K ng before they erected this nevv Court to sentēce Him and claime a Jurisdiction as vvell as a Supreme Authority That the House of Commons the Supreme Authority and Iurisdiction of the Kingdome they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as cleare as crystall and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalfe severall Witnesses to produce and therefore I doe humbly pray and yet I doe confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Iustice and Iudgement and therefore I doe humbly pray that speedy Iudgment be pronounced against the Prisoner at the Barre Bradshaw Sir You have heard what is moved by the Councell on behalfe of the Kingdome against you you were told over and over againe That it vvas not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England frō vvhich there is no appeal touching vvhich there must be no dispute yet you did persist in such cariage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the high Court that constituted this high Court of Iustice Sir I must let you know from the Court that they are very sensible of these delaies of Yours and that they ought not being thus Authorized by the Supreme Court of England be thus trifled vvithall that they might in Justice and according to the rules of Justice take advantage of these delayes proceed to pronounce Judgement against you yet neverthelesse they are pleased to give direction and on their behalfe I doe require you That You make a positive Ansvver unto this Charge that is against you in plaine Tearmes for Iustice knowes no respect of Persons you are to give your positive and finall Answer in plaine English whether you be guilty or not guilty of these Treasons laid to your charge King When I was here Yesterday I did desire to speake for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Brad. Sir You have had the resolution of the Court upon the like Question the last day and you were told that having such a Charge of so high a nature against you Your work was that you ought to acknowledge the Jurisdiction of the Court to answer to your Charge when you have once Answered you shall be heard at large make the best defence You can But Sir I must let You know from the Court as their Commands That You are not to be permitted to Issue out into any other discourses till such time as You have given a positive Answer cōcerning the matter charg'd upon you King For the Charge I value it not a Rush it is the Liberty of the People of England that I stand for for Me to acknowledge a new Court that I never heard of
shall be used and no other and the Date of the yeare of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Iuratores pro Domino Rege they shall be Iuratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publicam All Judges Justices Ministers Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custome to the contrary notwithstanding c. 92. Another device to mortifie the King The King lay in White-hall Saturday the day of his Sentence and Sunday night so neer the place appointed for the separation of His Soule Body that He might heare every stroke the Worke-men gave upon the Scaffold where they wrought all night this is a new device to mortifie Him but it would not doe 93. Tuesday 30. Ian. 1648. was the day appointed for the Kings Death He came on Foot from Saint Iames's to White-hall that morning His Majesty coming upō the Scaffold made a Speech to the People which could onely be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts neare it and from their Pennes onely we have our informations His Majesties Speech upon the Scaffold and His Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their Priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see cleerly that They began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdome Souldiers Rebelling against their Master or Soveraigne though they prevaile cannot claime by conquest because their quarell vvas perfidious base and sinfull from the beginning But I must first shew you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever find was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrell that you have that makes it unjust in the end that was just in the beginning but if it be onely matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never doe right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but onely a Nationall Synod freely called freely debating amongst themselves must settle 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 selfe I will onely give you a touch of it 3. For the people and truely I desire their Liberty and Freedome as much as any man whatsoever I must tell you their Liberty and Freedome 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 Soveraigne are cleane different things and therefore untill 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 ansvver the Dutch Ambassadours That vvat they had done to the King vvas according to the Lavv of the Land They meant that their Lusts are the Lavvs of the Land for other Lavv they can shevv none This was the effect of His Majesties Speech who shewed much magnanimity and Christian Patience during all the time of His Triall 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 Petty foggers Bradshaw 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 auntient Kingdome is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King the Commons sent abroad Proclamations into London and all England over reciting 94. Proclamations published against proclaiming the King That whereas severall pretences might be made to this Crowne 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 doe 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 Chiefe 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 vsage or custome to the contrary notwithstanding Who shal judge whē these Fellowes wil be thougt free and whē not and whosoever
shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and 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 Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe 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 yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall 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 setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal 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 Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme 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 Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne 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 Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme 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 VVitnesses 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-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement 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 Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath 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 repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob 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 secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests 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 illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad 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 Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes 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 Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne 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 Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws 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 unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction 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 Lawes 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 Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales 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 tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes 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 beeing of Parliaments for which Treasons Strafford and Canterbury though leste 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 Burroughs for which we serve doe by this present Writing in our own 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 doe 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 tyrannicall and pernitious both to the King Parliamt 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
most infamous perfid ous 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 misdemeanors 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 110. Six propositions of undoubted verity Another Paper not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of ⧠Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 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 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 Councell 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 Iudges of the Kings Courts Iustices 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 Kingdoms Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Jllustrious Charles Prince of VVales 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. Iacobi ch 1. and by all the Iudges 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 bloods 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 faire 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 onely in the Lords and Peers of the Realme being by Inheritance Custome and Law in such case the Kings and Kingdoms great Councell to whose lawfull Commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realm and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse than High Treason and so declared resolved by the last Parliamt in the Cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or Peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge than the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the worke of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Iudges Iuries and Officers 113. Powers given to the Councel of State 14. Febr. The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shal think fit 4. Power to sit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their Command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oathes for both were reformed according to the Godly cut VVhen the Committee of State vvas nominated in the House 114. An expurgatory Oath put upon the Councell of State scrupled by some of the Members and moderated by Cromvvell in opposition of the Levellers divers
for discovery of Truth 4. To Imprison any that shall disobey their Commands and such as they shall Iudge contumacious vvhat novv is become of Magna Charta and the Liberties of the People That no Mans Person shall be Attached or Imprisoned or Dissersed of his Free-hold or Free-customes but by Lawfull Iudgement of his Equalls This Councell of State hath got all Povver into their hands a project long laboured and novv their next motion vvill be pretending ease to the People to Dissolve this Parliament 10. The Petitioners complaine that in order to settle their Tyranny the Councell of Officers insisted upon it That a motion should be made to the House of Commons to enable them to put to death by Martiall Lavv all such as they shall judge by Petitions or othervvise to disturbe the present proceedings vvhether Members of the Army or not And vvhen it vvas urged That the Civill Magistrate should doe it it vvas ansvvered * The saying of Col. Hevvson the one-eyed Cobler See Hunting the Foxes p. 10. They could hang tvventy 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 hovv 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 novv in being have done and in such extraordinary vvaies vvhereunto they have accustomed themselves vvhich vvas the originall 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 Councell 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 125. A second part of Englands Nevv Chains came forth a second part of Englands new Chaines discovered setting forth the hypocrisie and perfidiousnesse of the Councell of the Army and the Grandees in cheating all Interests King Parliament People Souldiers City Agitators Levellers c. vvhich tells you That the Grandees walke by no principles of honesty or Conscience but as meer Polititians are governed altogether by occasion as they see a possibility of making progresse to their Designes vvhich 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 Tovvns to break the spirits of the People vvith oppression and poverty It farther Declares that these Grandees judge themselves loose vvhen other men are bound all Obligations are to them Transitory and Ceremoniall 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 vvhilst they hastily set up a Councell of State to establish their tyranny that to prepare the vvay to this they broke the House of Commons tooke avvay the House of Lords removed the King by an extrajudiciall vvay of proceedings and erected such a Court of Iustice as had no place in the English Government That the remainder of the House of Commons is become a meer channell through vvhich is conveyed all the Decrees and Determinations of a private Councell of some fevv Officers All these and the Votes That the Supreme Power is in the People and the Supreme Authority in the Commons their Representative vvere 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 Commons should never so little crosse the ambition of these Grandees they vvould shevv no more modesty to them than they have done to the excluded Members See the Hunting of the Foxes c. p. 6 7 8. And so it concludes vvith a Protestation against their breaking the Faith of the Army vvith all Parties their dissolving the Councell of Agitators and usurping a povver of giving forth the sense of the Army against the Parliament and People against their shooting to death â—he Souldier at VVare Returne to sect 2. 5. and their cruelties exercised upon other Persons to the debasing of their Spirits and thereby nevv-moulding the Army to their Designes against their playing fast and loose vvith the King and His Party till they had brought a nevv and dangerous VVarre upon this Nation They also protest against their dissembled Repentances against their late extraordinary proceedings in Bringing the Army upon the City to the ruine of Trade their breaking the House of Commons in pieces vvithout Charging the Members particularly and then judging and taking avvay mens lives in an extraordinary vvay as done for no other end but to make vvay for their ovvne absolute Domination They also protest against the Election and establishment of those High Courts of Iustice as unjust in themselves and of dangerous precedent in time to come as likevvise against the Councell of State and putting some of themselves therein contrary to their ovvne Agreement They also protest against all other the like Meetings of those officers that on Thursday 2. Feb. Voted for so bloody a Lavv as to hang vvhom they should judge disturbed the Army as having no povver either by such Councels to give the sense of the Army or to judge any Person not of the Army or to doe any thing in reference to the Common-vvealth 126. The Hunting of the Foxes from Tryplo and Nevvmarket by 5 small Beagles p. 8. About this time also became publique a pretty Book entituled The Hunting of the Foxes from New-market and Triploe to White-hall by 5 small Beagles vvhich tells you That the Grandee-Officers of the Army to keep the Souldiers quiet did formalize about an Agreement of the People vvhilst they carried on their platforme of absolute tyranny long since hatched by Ireton by erecting a Councell of State no sooner vvas this monster borne but it devoured half the Parliament of England now it is adorning it self with Regall magnificence and majesty of courtly Attendants and like the 30 Tyrants of Athens to head it self over the People this is and yet this is not our new intended King there is a King to succeed this is but his Viceroy O Cromwell whither art thou aspiring the word is already given out amongst their Officers That this Nation must have one prime Magistrate or Ruler over them and that the Generall hath power to make a Law to bind all the Commons of England This was most daringly and desperately avowed at White-hall and to this temper these Court Officers are now a moulding He that runs may read fore-see a new Regality thus by their Machivilian pretences wicked practises
from Neighbour Princes to vvhom they let their Bloud to Hire and become Mercinaries many times to the extreame dammage and if their Country vvere vvorth subduing danger of the State For Venice it is an Aristocracy if not Olygarchy of many petty Kings so burdensome to all their Subjects upon Terra firma that they dare not trust them vvithout Citadals to keep them under they never conside in any of their number or Natives to be Comander 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 Inhabitans of Dalmatia and Candia have lately preferred the Turkish Government before theirs As for the Low Countries their neerest example peruse Bernavelt's Apology and many good Histories For Rome from their Regifugium they vvere never free from Civill VVarres cecessious Tumults and changes of Government first to Patritian Consvlls Regia pote state then to promiscuous Consuls Plebeyans as vvell as Patritians vvith popular Tribunes to controule them then to Decemviri legibus Scribendis then to Tribuni militares consulari potestate Dictators upon all speciall occasions sometimes an Aristocrary sometimes a Democracy betvveen tvvo Factions Patritian and Plebeyan And never could that unhappy Idoll of the multitude Liberty find any time of setled rest and Government untill their giddy Republique vvas overthrovvne by Iulius Caesar and turned into a Monarchy by Augustus vvhich approved Cratippus saying See some Authorities cited verbatim in the first Page Vitiosum Reipub statum exigere Monarchiam and then and not till then Rome came to his height of Glory and Dominion and continued so a long time sometimes empayred by the vices of some Emperors and sometimes repaired by the virtues of others he that reads Liry and Tully's Orations vvith many other Authors shall find hovv infinite corrupt the People vvere both in making and executing Lavves in dispensing Iustice both Distributive and Commutative vvhat Complaints that their comitia vvere venalia vvhat Bulvvorks they vvere faine to erect against the ambition and covetousnesse of their Great men Leges Ambitus leges Repetundarum peculatus all to no purpose the great abuse of Solicitors and Vndertakers in every Trybesto contracte for suffrages the Domestick use of their Nomenclators their Prehensations Invitations Clientships their kissings and shaking hands even from the greatest Personages prostituted to every Cobler and Tinker their costly publique Shevves and spectacles to vvoe the Rabble he that reads observingly shall find that ambition and covetousnesse nurses of all corruption vvere the best part of the vvisdome and industry of that Republique untill it came to be a Monarchy and shall farther find that those corrupt manners and customes vvhich the People from the highest to the lovvest had contracted during the severall licentious Alterations of their Common-vvealth from one forme of Republique to another vvere like a second nature not to be corrected by the better discipline of a Monarchy and at last occasioned the ruine of that Monarchy together vvith the desolation of that Nation vvhich shevves that Monarchy vvith vvhich their Nation began was their naturall and genuine Government vvhen it could not be taken avvay sine interitu subjecti vvithout the ruine of the vvhole subject matter p. 11. It is said The Kings Revenue by a mediâ—m of 7 years was yearly 700000 l. It hath been lately computed that the Court purveyances notvvithstanding many good Lavves to the contrary cost the Country more in one yeare than their Assesments to the Army vvhat above 100000 l. a month vvhen the charge of the KING 's House-keeping came but to 500000 l. a yeare I speake not of VVages and Pensions I knovv not vvho should make this computation unlesse old Sr Henry Vane and his Man Cornelius Holland the latter of vvhich vvas turned out of his Office in the Green-cloth for abusing his Place not in vvhose time of employment unlesse their ovvne such prodigious abuses should happen p. 19. It is said The legall and justifiable Revenue of the Crowne fell short of 100000 l. per annum I perceive this is all the Account the Common-vvealth is likely to have from the Committee of the Kings Queens and Princes Revenue nor doe I knovv vvhat a pruning hooke that phrase legall Revenue may prove But I conceived all that Q. Elazabeth the Kings Father and Himself received had been His Revenue de jure I am sure it vvas 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 complaine that His Purse was growne too full or His Revenue too fulsome and if the Committee of the Revenues had enjoyed no more but their ovvn legall and justifiable Revenue so many of the KING's Servants and Creditors had not starved forvvant of their ovvne p. 19. They very much aggravate Monopolies Patente and Projects I vvonder they suffer so many Men guilty in that kind to sit in their House old Sir Henry Vane Sir Henry Myldmay Sir Iohn Hypsley Cornelius Holland Laurence VVhytakers c. 2 Part of Englands New Chaines discovered c. and the Hunting the Foxes return to s 12â— p. 20. They speake against the Lords Negative Voice but not a vvord against the Councell of VVarres Negative Voice vvho march up in hostile manner against Parliament and City and secure seclude and drive avvay 250 Members at one time if they vote any thing contrary to their Interest They speak likevvise against the Lords Iuditiall power over Commoners but have forgot vvhat unjust and illegal use themselves attempted to make of the Lords jurisdiction against the 11 impeached Members the 4 Aldermen and Citizens 1 Part. sect 45 46 47 48 49 50 51 52 53 54. p. 21. 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 turne for Governing the Kingdome 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 vvas never presented to them but I shall aske vvhether the people may not take advantage thereof for vvhose satisfaction this vvas Declared a generall grudge being then amongst them that the Parliament and Army would subvert the antient Fundamentall Government p. 22 23. They ansvver 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 broken and those who are permitted to sit doe act under a force To this is ansvvered hovv truly let any man that hath read our Histories tell That fevv Parliaments have Acted but some force or other hath been upon them I vvonder they did not argue thus for the silly Tumult of Apprentices for Breach of Priviledge of Parliament They Ansvver
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich 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 Iudges of the force Treasonable they deny they sit novv 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 Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell 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 vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas 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 assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether 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 Councell of Officers endeavour to joyn Interests with the Papists in England 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 vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt 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 Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to
the House and their Imprisonment vvithout Cause c. vvhich can no vvay be justified from the Guilt of the highest Treason but in the accomplishment of a righteous end viz The enjoyment of the benefit of our Lavves and Liberties vvhich vve hoped long ere this to have enjoyed from your hands Yet vvhen vve consider and herevvith compare many of your late carriages both tovvards the Souldiery and other Free People and principally your Cruell Exercise of Martiall Lavv even to the Sentence and Execution of Death upon such of your Soldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army vve cannot but look upon your defection and Apostasie in such dealings as of most dangerous Consequence to all the Lavvs and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. vvhich vvith your Excellency in point of duty ought not to be of the meanest obligation VVe do protest against your Exercise of Martial Lavv against any vvhomsoever in times of Peace vvhere all Courts of Iustice are open as the greatest encroachment upon our Lavves Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troup yesterday by a Court Martiall upon the Articles of VVarre and sentencing of tvvo of them to death and for no other end as vve understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King vvhich declareth That no person ought to be judged by Law Martiall except in times of VVarre And that all Commissions given to execute Martiall Law in time of Peace are contrary to the Lawes and Statutes of the Land And it vvas the Parliaments complaint That Martiall Lavv vvas then commanded to be executed upon Souldiers for Robbery Mutiny or Murder VVhich Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Lavv in England and there promise to preserve inviolably it and all other the Fundamentall Lavves and Liberties concerning the preservation of the Lives Properties and Liberties of the people vvith all things incident thereunto And the Exercise of Martiall Lavv in Ireland in time of Peace vvas one of the chiefest Articles for vvhich the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or vvarrantably destroy the Fundamentall Liberties and Principles of the Common Lavv of England It being a Maxim in Lavv and Reason both that all such Acts and Ordinances are ipso facto null and void in Lavv and binds not all but ought to be resisted stood against to the death And if the Supreme Authority may not presume to doe this much lesse may You or Your Officers presume thereupon For vvhere Remedy may be had by an ordinary course in Lavv the Party grieved shall never have his recourse to extraordinaries VVhence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Iustice according to the Lavvs and Statutes of the Realme in the times of Peace as novv it is and the extraordinary vvay by Courts Martiall in no vvise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a Generall or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martiall Law it is absolute murder in that Generall c. Therefore erecting of Martiall Lavv novv vvhen all Courts of justice are open stopping the free current of Lavv vvhich sufficiently provides for the punishment of Soldiers as vvel as others as appears by 18 H. 6. c. 19. 2 3 E. 6. c. 2. 4 5 P. M. c. 3. 5. l. 5. 5 Iam. 25. is an absolute destroying of our Fundamentall Liberties and the razing of the Foundation of the Common Lavv of England the vvhich out of Duty and Conscience to the Rights and Freedoms of this Nation vvhich vve value above our lives and to leave You and Your Councell vvithout all excuse vve vvere moved to represent unto Your Excellency Earnestly pressing You vvell to consider vvhat You doe before you proceed to the taking avvay the Lives of those men by Martiall Lavv least the bloud of the Innocent and so palpable Subversion of the Lavves and Liberties of England bring the revvard of just vengeance after it upon You as it did upon the Earle of Strafford For Innocent bloud God vvill not pardon and vvhat the people may doe in case of such violent Subversion of their Rights vve shall leave to Your Excellency to judge and remaine Sir Your Excellencies humble Servants IOHN LILBURNE RICH OVERTON From our Canslesse and unjust and Tyrannicall Captivity in the Tovver of London April 27. 1649. Notvvithstanding vvhich Letter and much other meanes made the said Lockier vvas Shot to Death in Saint Paul's Church-yard the same day to strike a terror and slavish feare into such other Souldiers as shall dare to take notice of their approaching slavery but his Christian and gallant deportment at his death vvith the honourable funerall pomp accompanying him to his Grave turned all the terror of his Tragedy into hatred and contempt of the Authors thereof 152. Arreares given to Col. A Popham H. Martin temptations put upon Lilburne and Ioyce About this time the House of Commons gave to Col. Alexander Popham all his Arreares and to Harry Martyn 3000 l. to put him on upon the holy Sisters and take him off from the Levellers And Cromwell is novv playing the Devils part shevving the Kingdomes of the earth and tempting Iohn Lilburne to fall dovvne and vvorship him to forsake his good principles and engagements and betray the liberties of the people but L. Col. Lilburne is higher seated in the good opinion of the people than to be suspected of so much basenesse vvho are confident he vvill as constantly resist false promises and vaine hopes as he hath vaine threats and terrors of Indictments and not cast avvay the hold he hath of immortality by hearking to such a Syren vvhose promises are but baits vvith a hooke hidden under them and his preferments but like Mahomets paradise he that hath cousened all the Interests of the Kingdome vvill not scruple to cheat his Enemy a free-spirited plaine meaning man This is to undermine and blovv up his credit vvith his party and make him liable to a revenge hereafter He that stoops to the lure of a knovvn Enemy is guilty of inexcusable folly and a Betrayer of himselfe especially having had so faire a Copie of Consâ—â—ncy set
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 Randezvous in Oxford-shire May 6. 1649. The honest Levellers of the Army for that is the Nick-name vvhich Cromwell falsly and unchristianly hath christned them vvithall Enemies to Arbitrary Government tyranny and oppression vvhether they find it in the Government of one or many vvhether in a Councel of Officers a Councel of State or a fag end of a House of Commons vvhether it vayle it selfe vvith the Title of a Supreme Authority or a Legislative povver drevv 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 dovvnfall of their domination Cromwell not knovving vvhat Party to dravv out against them that vvould be stedfast to him shunned the danger and put his property the Generall upon it to oppose the Randezvouz and looking as vvan as the guilles of a sick Turkey-cock marched forth himselfe VVestvvard to intercept such as drevv 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. VVill Thompson and the oppressed People of this Nation now under his conduct in Oxford-shire 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 Freedome and Safety hath been at all observed or made good but both absolutely declined and broken and the People onely served with bare words and faire promising Papers and left utterly destitute of all helpe 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 Solemne Engagement of the Army at New-market and Triploe-heaths by them destroyed the Councell of Agitators dissolved the blood of War shed in time of Peace Petitioners for Common Freedome suppressed by force of Arms and Petitioners abused and terrified the lawfull Triall by 12 sworn Men of the Neighbourhood subverted and denied bloody and tyrannicall Courts called an high Court of Justice and a Councell of State erected the power of the Sword advanced and set in the Seat of the Magistrates the Civill Lawes stopt and subverted and the Military introduced even to the hostile seizure imprisonment tryall 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 Councell 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 removall of unjust barbarous Taxes no regard to the cries and groanes of the poore to be had while utter beggery and famine like a mighty torrent hath broke in upon us and already seized upon severall 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 indeavour 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 than live as Slaves We are gathered and associated together upon the bare accompt of English-men with our Swords in our hands to redeem our selves and the Land of our Nativity from slavery and oppression to avenge the blood of War shed in the time of Peace to have justice for the blood of M. Arnold Schot to death at Ware and for the blood of M. Robert Lockyer and divers others who of late by Martiall Law were murthered at London And upon this our Engagement in behalf of the Common-wealth We doe solemnly agree and protest That we will faithfully laying all self respects aside endeavour the actuall reliefe setlement of this distressed Nation And that all the world may know particularly what wee intend and wherein particularly to center and acquiesce for ever not to recede or exceed the least punctilio We do declare from the integrity of our hearts that by the help might of God we will endeavour the absolute setlement of this distracted Nation upon that forme and Method by way of an Agreement of the People tendered as a Peace-offering by Lieut. Colonel John Lilburne Mr. Will Walwyn Mr. Thomas Prince Mr. Rich Overton bearing date May 1. 1649. the which we have annexed to this our Declaration as the Standard of our Engagement thereby owning every part and particular of the Premises of the Agreement promising and resolving to the utmost hazard of our Lives and Abilities to pursue the speedy and full Accomplishment thereof and to our power to protect and defend all such as shall Assent or Adhere thereunto And particularly for the Preservation Deliverance of L. Col. John Lilburne M. Will Walwyn Mr. Thomas Prince Mr. Richard Overton Captaine Bray and Mr. William Sawyer from their barbarous and illegall Imprisonments And wee Declare That if a haire of their heads perish in the hands of those Tyrants that restraine them That if God shall enable us we will avenge it seventy times seven fold upon the heads of the Tyrants themselves and their Creatures And that till such time as by Gods Assistance we have procured to this Nation the Declared purpose of this our Engagement we will not Divide nor Disband nor suffer our selves to be Divided or Disbanded resolving with sobernesse and civility to behave our selves to the Country to wrong nor abuse any man to protect all to our power from violence and oppression in all places where we come resolving to stop the payment of all Taxes or Sessements whatsoever as of Excise Tythes and the Tax of Ninety thousand pounds per mensem And having once obtained a New Representative according to the said Agreement upon such Terms and Limitations therein expressed We shall then freely lay down our Armes and returne to our severall Habitations and Callings And concernings the equity necessity justice of our undertaking We appeale to the judgement of the oppressed betwixt their Destroyers and Vs Whether by the law of God of Nature and Nations it be not equally justifiable in us to engage for the Safety and Deliverance of
this Nation as it was with the Netherlanders and other People for theirs and that upon the same Principles that the Army engaged at New-market and Triploe-heaths both Parliament and Army declaring That it is no resistance of Magistracy to side with just Principles Law of Nature and Nations And that the Souldiery may Lawfully hold the hands of that Generall who will turn his Cannon against his Army on purpose to destroy them The Sea-men the hands of that Pilot who wilfully runs his Ship upon a Rock And therefore the condition of this Commom-wealth considered we cannot see how it can be otherwise esteemed in us And upon that account we Declare that we doe owne and are resolved to owne all such Persons either of the Army or Countries that have already or shall hereafter rise up and stand for the Liberties of England according to the said Agreement of the People And in particular We doe owne avow the late proceedings in Colonel Scroops Col. Harrisons and Major General Skippons Regiments declared in their Resolutions published in print As One Man Resolving to live and die with them in their our just and mutuall defence And we doe implore and invite all such as have any sense of the Bonds and Miseries upon the People any Bowels of Compassion in them any Piety Justice Honour or Courage in their Brests any Affections to the Freedomes of England any love to his Neighbour or Native Country to rise up and come in to help a distressed miserable Nation to breake the Bands of Cruelty Tyranny and Oppression and set the People Free In which Servise Trusting to the undoubted goodnesse of a just and righteous Cause We shall faithfully discharge the utmost of our Endeavours Not sparing the venture of all hardships and hazards whatsoever and leave the Successe to God Signed by me WILLIAM THOMPSON at our Randezvouz in Oxford-shire neer Banbury in behalf of my Self and the Rest Engaged with me May 6. 1649. For a New Parliament By the Agreement of the People About this time Doctor Dorislaus a Civill Lawyer 159. Doct Dorislaus stabbed to death in Holland sometimes Judge Advocate to the Earle of Essex and Lord Fairfax and lately one of the Councell in the High Court of Justice against the KING and the 4. Lords was sent from the Parliament Agent into Holland where about 18. Scots-men repayring to his Lodging 6. of them went up the stayres to his Chamber whilst 12. of them made good the stayre-foot they stabb'd him to death and escaped About the 14. day of May 1649. 160. Hasleriggs barbarous motion to murder ix Royalists of the best quality in revenge of Dorislaus Report was made from the Councell of State to the House of the examination of 3. Servāts of Doctor Dorislaus concerning the Death of their Master what allowances were fit to be given to his Children out of the Kings Revenue thereby to lay an aspertion upon the King as if He having had an influence upon that Fact His Estate must make the recompence notwithstanding Scotish men did the deed in revenge of Hamiltons death Dorislaus had been a poor Schoolmaster in the Low Countries formerly from whence he was translated to read the Histori Lecture at Oxford where he decried Monarchy in his first Lecture was complained of and forgiven by the benignity of the King Then he became Judge Advocate in the Kings Army in his expedition against the Scots afterwards he had the like imployment under the Earle of Essex and lastly under Sir Tho Fairfax a great Gainer by his employments but withall a great Antimonarchist a Saint in Cromwells Rubrick therefore had a magnetique virtue both living and dead to draw money to him in abundance Upon occasion of this Debate Haslerigge moved That 6 Gentlemen of the best quality Royalists might be put to Death as a revenge for Dorislaus and to deterre men from the like attempts hereafter That you may the better see of what Spirit Haslerigge is knowne That some Northerne Counties having petitioned the Commons for reliefe against the miserable famine raging there Haslerigge opposed their request saying That want of food would best defend these Counties from Scotish Invasions What man that had any sense of Christianity Courage Honesty or Justice would have been the Authour of so barbarous and unjust a motion That 6. Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge malice nay to guilty feares and base cowardize to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would read the Alchoran 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 New Testament of Moses and Christ to so little purpose Yet the House 18. 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 devise to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See § 161. An Act declaring more nevv Treasons About this time came forth that prodigious Act declaring 4. new Treasons with many cōplicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdome or Republike of Christendō Because I have formerly spokē of it the Act it self printed publisht dreadfully notorious throughout the whole Kingdō I wil refer you to the printed Copie only one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieu. Gen any Members of this present Parl or Councel 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 wil only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots Words 1. Against this present fagge end of a Parliament against their never-before heard-of Supreme 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 Liberties 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 not otherwise for the Sword and the Purse is 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 when they are known we owe them no Allegiance without which no Treason by the
come forth a Booke of Iohn Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Booke 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 by no obligation to God or Man wherein he undertaketh to prove That it is lawfull for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due conviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwells 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 selfe to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turne all his Arguments into Syllogismes and then he will find them to be all Fallacies the froth of wit and fancy not the Dictates of true and solid Reason 2. That for the Historicall or narative part he would throughly examine them and he will find few of them consonant to the plumbline 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 that name yet the Persons confederated were then extant and active being a complication of all Antimonarchicall Anarchicall heresies and schismes Anabaptists Brownists Barrowists Adamites Familists Libertines of all sorts the true Heyres and Successors of Iohn of Leyden and Knipperdalling in all their principles and practises united under the generall Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the Warre against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy See the Mystery of the 2. Iunto's Presbyterian and Independent 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 Wythes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there alwaies lay hid some evasion equivocation or mentall reservation which like a back-dore 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 necéssitated 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 Generall the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Say and others of the like stamp and had a clause in his Commission to forbeare the KING'S Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especiall instance Monday 18. Iune 185. L. C. Lilburnes Booke The Legall fundamentall Liberties of the People c. 1649. came forth that most usefull Booke of Iohn Lilburnes called The Legall fundamentall 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 Lawes Liberties and Property consuming us with illegall Taxes Excise Free quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamentall Government of this Nation in order to which they have complyed with and cheated all Interests broken all their Obligations to God and Man violated all the Lawes of this Land their owne Protestations Covenants the Oathes of Allegiance Supremacy which themselves caused the People to take and their owne Votes Declarations c. The illegality of their late erected High Court of Iustice and their unjust proceedings therein the tyranny and usurpation of the Councell of State and Officers of the Army And proveth that Col Prides new purged new packed House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parlioment 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 considerable 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 Lawes of the Land in His proceedings against them which this Parliament doth not doe in any their most legall proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintaine and defend the Lawes and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Lawes and Liberties The Faction are now contriving to seize all the Tythes of the Kingdome into their owne hands 186. Tythes to be Sequestred for the State yet they are the Ministers Free-hold and to make all the Ministers their stipendary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blind and slavish obedience to our forty Tyrants of the new Councell of State presuming that all our Ministers carry their Consciences in their purses because the Independents doe so Looke to your waies 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 Do trine 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 generall a purge as will leave neither life nor soule dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them sitting who may unvote all he hath compelled them to vote hath commanded his Iourney-men to think of an Adjournment for some good time that they may take the ayre and grow wholsome againe 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 referre it to the Hogens Mogens or Councell of State to consider what Votes and Acts they shall passe beforehand for establishing their Highnesses in their new Dominion And when out of their usurped
be done by the King if by those Words things done or to be done for the dissolving c. they shall say they related to the Kings Naturall Death Natural Death is the Act of God which these Saints cannot make voide if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloud shed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted downe by the Commons gave no consent the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royall Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Trienniall Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Bookes The Commons being so farre from claiming the sole Legislative Power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporall and Spirituall untill 45 Hen. 3. nor had they so much as a House of Commons or Speaker untill the Reigne of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances untill long after Rich. 2. time See the Printed Prologues to the Stat. 1 4. 5 9 10. 20. 23. 36. 37. 50. Edw. 3. 1 Ric. 2. 1. 2. 4. 5. 7. 9. 11. 13 Hen. 4. 1. 2. 3. 4. 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15. 28 29 39 Hen. 6. 1 4 7 8 12 17 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had power to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at the least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40. or 50. then sitting when this Act passed and acting the Wills of the Councell of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for which they served Object If it be objected that by usage of Parliament 40. Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor passe Lawes or matters of greatest moment Modus tenendi Parl. Cookes 4. Instit pag. 1. 2. 26. 35. 36. Cromptons Iurisd of Couts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1. Iac. c. 1. 2. 40 Members make not a House when the rest are Excluded by force without Dores and fraud of their Fellow-members within Dores on purpose that being the Major number they may not over-vote them The Commons not having power to expell any of their Members without consent of King and Lords in whom onely the Iudiciall power Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27 Seldens Title of Honour pag. 737. Baron Camoyes case discharged by the Kings Writ and Iudgement from serving amongst the Commons because a Peer of the Realm The practice for Members to Expell and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs then would Summon 40. or 50. Commons it were no House Added by the Abridger So M. Pryn concludes That if he should voluntarily submit to pay this Tax by virtue of the said pretended Act of Parliament Dated 7. Aprill 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegall Writs under a new kind of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peeres of the Realm as was adjudged in the Lord Camoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour Part 2. chap. 5. pag. 735. Seconded by Cookes 4. Instit pag. 1. 4. 5. 46. 47. 49. As he should admit those to be lawfull Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegeance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and reall intention to performe 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 lawfull Parliament of England actually in being and legally continuing after the Kings Death consisting onely 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 lawfull Authority 1. To Violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expell most of their fellow Members the farre Major part of the House for Voting according to their Consciencies in favour of Peace and settlement of the Common-wealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of Warre and Iustice 5. To Arraign Condemne and Execute the King himself with the Peeres and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta The Petition of Right 3. Car. and the known Lawes of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To éxtirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seales Lawes Writs Legall proceedings Courts and Coyne of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Iewels Goods of the Crowne with the Lands of Deans and Chapters for their own advantage not the easing of the People from Taxes 10. To absolve themselves by a Papall kind of Power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heires and Successours yea from the very Oath of Allegeance notwithstanding this expresse Clause in it fit to be laid to Heart by all Conscientious Christians I doe believe 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
imputation of sinne for the good Cause either in Re or in mode Rei in the matter or manner in the thing or the extent thereof yet this successe was enough to invite Cromwell over to pursue the Victory and partake of the spoyles if not to usurp the whole Honour of the Atchievement to himselfe by his accustomed speciall prerogative So upon the 16 or 17. of August K. Nol set sayle towards his new Principality carrying contrary to the custome of the Sea his Lanthorne in his Proawe not in his Poope where we will leave him for the present to his adventures 205. The Association between Oneale and C. Monke See the Paper at large I have formerly hinted to you the Agreement made between Colonel Monke in behalfe of the Parliament of England and Owen Roe Oneale the massacring Irish Rebell I have now occasion to speake more at large of it and examine the truth of a Paper called The true state of the Transactions of Col. George Monke with Owen Roe Oneale as it was reported to the Parliament by the Councell of State c. Printed by Edward Husbands 15. August 1649. The said Agreement made between the Antimonarchicall Independent Party in Ireland and the massacring Antimonarchicall Popish Party under Owen Roe Oneale 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 Schismatique and the Papist was so generally abhorred by the English Souldiery that many there tooke occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwell in so wicked an expedition Wherefore Cromwell writ Letters to his Creatures of the Councell of State by Monke himself complainig how much the miscarriage of that Agreement had retarded his said Voyage desiring them for satisfaction of the Souldiery and People to Treat with Monke to take the whole businesse upon himselfe and to cleer the Councell of State the Parliament and Cromwell himselfe from having any hand at all in it which upon Tearmes of safety and advantage he said he already found him inclinable to doe The better to carry on the scene this Agreement was with much heat of zeale complained of in the Apocryphall House of Commons by a Brother who had his cue beforehand and by the Iuncto was referred to the Councel of State as was forelaid where their High and Mightinesses after some private conference with Monke to accommodate the businesse voted their dislike of it Scot having studied the Politiques in a Brewers Tally is become a great Statesman in our new Babel See the said Paper The true state c. Bradshaw reprehending Monke in jest therefore And at last they Ordered That the whole businesse with Monks Reasons for his justification should be reported by Thomas Scot to the House of Commons which was accordingly done Upon Friday 10. August Monke was called in to the Barre where amongst other things the Speaker asked him What Persons he meant in his Letter to the L. Lieutenant of Ireland wherein he saith He made the Agreement with Oneale with the advice of some others Monke answered that he did it upon his owne score without advice of any other Person onely having discourse with Col. Iones Iones 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 Councell of State Lord Lieutenant of Ireland or any other Person here to do the same which he did expresly deny saying he did it upon his owne score Hereupon the House voted as followeth Resolved c. That this House doth utterly disapprove of the proceedings of Col. Monke in the Treaty and Cessation as they please to call it made between him and Owen Roe Oneale 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 Neverthelesse the House being satisfied that what the said Col. Monke did therein was in his apprehension necessary for the preservation of the Parliament of Englands Interest That the House is content the further consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monke 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 thereto and use of apprehended necessity and good intentions to justifie evill actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks agoe publiquely knowne in England and divulged in their owne Licenced Newes-bookes was never scrupled untill now That 1. the said Agreement was expired 2. That Oneale was so beaten by the Lord Inchiquine that he is as their owne Newes-books say inconsiderable and must suddenly joyne 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 equall unlesse 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 Cessation of Armes which I affirme to be a League Defensive and Offensive against Ormond Inchiquine and all that doe and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith Tbat upon all occasions both Parties be ready with their Forces to assist one another untill 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. Monke shall pay Contribution to Generall Owen Oneale This is a Concession of a great latitude farre beyond the authority of any subordinate Commander or Generall 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 Monke 3. Article fourth saith That if Generall 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 spend his Ammunition if he be neer unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchiquine 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. Monkes liberty which likewise is too much
the least disadvantage by it c. From whom had Monke this Assurance unlesse from those Men by whose Authority and Directions private or publique he presumed to Treat with that Enemy he was Commissioned to fight with and whose Names he doth conceale That it yeilding to Monks amendments would rather prove a meanes to beget an encrease 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 encrease of being In case you approve of them the amended Articles 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 returne of them c. You see all Monke did was in reference to the Parliaments ratification and therefore reason tells us the Parliament was originally privie to the Treaty It is not likely Monke should Treat upon his owne 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 Cork especially Monkes Letter O Neale sent his Letter and Propositions to Monke Dated 25. April 1649. Monke answered his Letter and corrected O Neales Propositions the day after being the 26. April And the last mentioned Propositions of Gen Owen O Neale the Lords Gentry and Commons of the Confederate Catholiques of Vlster c. as well as the first mentioned Articles for 3. Months Cessation c. beare Date 8. May. 1649. which I conceive to be the Date given them when they were ratified by the Parliament or Councell of State See the said Paper The true state of the Transactions c. Then followes A second Copie of Owen Roe Oneales Propositions as they were Corrected by Col. Monke Paper printed at Corke and sent to Oneale to be subscribed And then sent by Monke to the PARLIAMENT to be granted as followeth verbatim 1. INprimis That such as shall joyne with Generall O Neale in the Service of the Parliament of England in this Kingdome may have Liberty of Conscience for themselves and their Issue 2. The said Generall 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 Yeare 1641. 3. They desire that generall O Neale be provided for a competent Command in the Army befitting his worth place and quality 4. They desire that they may enjoy all those Lands that were in their possession at the beginning of this Warre for themselves and Heyres 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 Iealousies 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 performe in the Parliament of Englands Service in the preservation of their Interest in this Kingdome 8. That the Army belonging to the Gen. O Neale and his Party be provided for in all poynts 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 Vlster See the Date in The true state of Transactions c. It seems to be 8. May 1649. And I doe upon receiving a Confirmation of those Desires undertake and promise in the behalf of my selfe and the Whole Party under my Command faithfully and firmly to adhere to the Parliament of Englands Service in this Kingdome and to maintaine their Interest hereafter with the hazard of our Lives Estates against all Opposers whatsoever Given under my Hand and Seale In the said Paper printed at Corke is also contained A Letter from a Gentleman in Dundalke dated 20. May 1649. which take here verbatim that you may see what opinion Men there upon the place had of that businesse at Corke in Munster To my Worthy Friend SIR YOu may wonder my Obligations being so great towards you that my returnes of acknowledgment should be so seldome as they have been but you must know there is no defect in my desires to be at your eares often 't is onely the preservation of my Liberty and Safety in these parts that makes me forberare the frequency 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 Monke will be able to give you some accompt of the passages in these parts and will make you assured that I doe not forget the respects I owe unto you I must confesse 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 wickednesse as I see they are now 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 vaine feare 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 soule since I was acquainted with this late Treaty between Col. Monke and Owen Roe O Neale that thereby you may judge of the ground of these my Designes and distasts and my resolutions taken thereupon And before I consider the particulars of the Treaty the thing it selfe is so odious unto me that if they could have made the best bragaine to be imagined for the English Safety the manner of it would have appeared to me very unsavory 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 cleer that the Plotters and Contrivers of this Treason and the unnaturall 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 Design 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 Kingdome had still many moderate-minded Men that loathed their Country-mens barbarity and could never be drawne 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 drunke with the blood of their Brethren and to fortifie them with Armes 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 the ruine of the KING and Monarchy the destruction of the remnant of the English Protestants and the antient Irish who have now declared their Loyalty and submitted to and consociated with them are things that I much loathe and can no way imbrace Besides if you consider the passages of the Treaty you will easily be drawne I suppose to cast away your former entertained scruples and not condemne me for being out of love with mine 1. For first The Title to Owen Roes Propositions excludes all other of his Nation but such as will joyne with him though they be farre more capable of Peace and 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 selfe with Royall Sacred and Noble Blood as since it hath done yet now where he sees them act like himselfe 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 extreame tyranny 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 Yeare 1641. You shall find that Monke 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. 'T is propounded by Owen Roe and approved by Monke That he shall have a Sea-port to himselfe to make use of for the perfecting of his designes when as we heare the least Traffick will not be allowed to you in Munster 5. Although Col. Munke doe a little pare his Propositions concerning the Repealing of Statutes against Roman Catholiques since Hen. 8. lest he should offend the People And though he doe not absolutely undertake to grant him all 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 owne Faction They will not here allow the KING to make use of His owne Subjects to revenge His Fathers blood to Re-inthrone Himselfe to re-establish Religion and the Lawes and the just Liberties and yet they allow themselves a latitude of calling in any Party though the most blody and inhumane to assist them in the carrying on their wicked Designes We have seen Col. Iones 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 Iones whose head and hand is in this Treaty and Conclusion thinks it allowable in himselfe to close with the worst and that upon his owne 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 soule that I am resolved to make speed to you no way desiring to live under their Commands whose actions increase in horror and beget new afflictions to all honest English hearts So praying you to forbeare further writting to me because I meane speedily to see you I rest Dundalke May 20. 1649. Your assured Friend and Servant Upon which Propositions so corrected by Monke the close carriage of this businesse I shall trouble my Reader with these following Observations 1. Article You see the Counterfeit Alchymy Saints are content to joyne covertly with Massacring Irish Papists to carry on their Antimonarchicall Designes and to make a false Religion and corrupt worship of God the wages hyre of righteousnesse 2. Article You see those Men that are so bloodily zealous to bring Protestant Delinquents nay the KING Himselfe under the notion of the Grand Delinquent the Man of Blood to punishment and pretend themselves engaged by Oath so to doe can dispense with the Massacre of two hundred thousand English Protestants barbarously and inhumanely slaughtered in Ireland in time of full peace and can grand an Act of Oblivion to whole Armies of their Murderers thereby at once making their Antimonarchicall interest the price for which they sell the innocent blood of their Brethren and defrauding the Irish Adventuers of that Money which the Parliament perswaded them to lay forth to purchase Rebells Lands in Ireland for which they have an Act of this Sessions of Parliament The like may be said of the 4. 7. Articles whereby Rebels attainded and convict are restored to their confiscated Lands the English Protestant Planters that purchased them of the Crowne are expelled out of their Inheritance what is this but a designe to root out Protestancy as well as Monarchy 5. Article Taketh off all Incapacity Inhability and distrust from O Neale and his Party at that very time when with much counterfeit zeale they pretend great severity against the English Papists I think because they are not so very Rebels as the Schismaticks According to their usuall custome to accuse other Men of their owne Crimes they charged King CHARLES the First upon light surmises with complying with the bloody Irish Papists doe themselves actually combine with them to root out Monarchy Protestancy giving them a Toleration of their Religion the possession of the English Protestants Estates for their Hyre And it now appeares by Letters newly come to London the 24. August notwithstanding the said Votes of the Commons against all association with the Irish Murderers That Sir Charles Coote See The Perfect Occurrences nu 138. from Aug. 17 to the 24. 1649. and O Neale are associated and that the Siege from Londonderry was raised
by O Neales help which plainly proves that the Treaty and Conjunction was not onely between Monke O Neale but between O Neale the Parliament or Councel of State and that the said Propositions so altered by Monke are confirmed by the Parliament or Councel of State and doe still serve for a foundation for O Neale to assist the Parliament upon who have turned out O Neale at the Fore-dore to gull the People and taken him in againe at the Back-dore 206. Cromwell's Soldiers desert him ad Milford-haven and upon his complaint his House of Commons vote their Debentures void Many of K. Olivers Officers and Souldiers abhorring the said Association with O Neale deserted him at Milford-haven as I have related came to London whither they were pursued at the heeles by a Letter from his Mushrome Majestie directed to his Vice-Royes at Westminster willing his Parliament that since to encourage the Souldiers to undertake the Irish expedition onely their Accounts had been Audited and Debentures granted for their Arreares they should recall and null their said Debentures In obedience to which Command a thing like an Act of Parliament is drawne up and order taken that the Commissioners that attend Cromwell into Ireland should certifie the Names of them all to the Parliament that they may be punished in purse for not prostituting their Consciences and shedding more innocent blood with an implicite faith and blind obedience to K. Olivers unquestionable commands in maintenance of usurpation and lawlesse tyranny The rest of the Army may see by this precedent they may as well hope to recover a damned Soule out of Hell as their Arreares out of this bottomlesse Gulph the New State notwithstanding all their faire promises Orders weather-cock Acts and Debentures which are all written in wastpaper and as changeable as Tickets Securities for the Publique Faith It being their constant resolution and best policy to feed them from time to time with vaine hopes a little spending-mony for which they are never the better now a bit of mony and then a bob of Martiall Law alwaies to promise never to pay their Arreares thereby to keep them together from Disbanding and going to their owne homes and callings whilst the Councell of Officers who onely are accounted the rational part of the Army receive duely their full pay and whatsoever else they can sharke from the private Souldiers who are looked upon but as the Brutish part of the Army in whom it is become a capitall Crime to question whether their Superiors deale justly with them or no as it proved to Lockyer The Common Souldiers as well as the Common People paying for the Ryot of their Colonels superior Officiers who Lord it in their guilt Coaches rich Apparell costly Feastings though some of them led Dray-horses wore Leather-pelts were never able to name their owne Fathers or Mothers I and for the Lands they purchase too yet the Officers have one device more to keep the Souldiers together which is They make them believe they are so generally hated they cannot with safety Disband and goe home whereas it is the Superiours onely that are looked upon with hatred as the Authors of Tyranny and Oppression The Private Souldier being esteemed but their Instruments and such as in their kind way are Sufferers under the hand of oppression as well as other men many Souldiers have been purged out of the Army others have voluntarily quitted the Army and returned to their callings without being endangered or injured after their retirement which shewes this objection is but a Scarcrow 207. A League Defensive Offensive concluded betweene O Neale Sir Charles Coote Governour of Connaught for the Parliament See the last Section save one For the cleare manifestation of the Association betweene O Neale and the Parliament there are lately come to the Councell of State two Letters out of Connaught from Sir Charls Coote one Dated the 14. the other the 15. of August 1649. informing them with how much zeale to the Parliaments interest Own O Neale had freely raised the Siege of London-Derry Upon which Letters and the Votes and proceedings of Col. Pride's Parliament thereupon I shall commend to my Readers observation these following particulars 1. The 15. August Letters informe that O Neale freely offered his assistance to Coote professing much affection to the Parliament of England and an earnest-desire to maintaine their Interest c. which is his owne interest you may remember that this bloody Rebell O Neale heretofore when the Parliament was not halfe so corrupt as now stiled it Monstrosum Parliamentum the Parliament of Monsters but now that he sees them act his way and concurre 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 punctuall and faithfull in all their Promises and Engagements and he makes no doubt but they will continue so unto the end c. The reason is because they ayme all at one end interest Subversion of Monarchy Protestancy goe one way to effect it by a Conjunction of Forces and Councels 3. The 15. August that O Neale in his Expresse to Coote enclosed some Letters he had received from Monke and amongst the rest a Copie of a Letter from Monke in Answer to a Letter of the Lord Inchiquine charging Monke with joyning with O Neale and his Party wherein Monke insinuated as if O Neal's submission to use the the Parliament Power were already accepted by them c. Monke needed non 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 be had the Authority of his Superiours to warrant his doings therein But this was before he went to Milford-haven to Cromwell who then taught him the art of Cromwellizing to carry on their designe 4. The 15. August Why did they crie out opon King Charls I. upon a surmise that He used the help of the more innocent Irish Papists being His own Subjects under his Allegiance Protection but we find the Godly are above all Laws Coote's Letter to justifie his doings delivers a piece of Doctrine to the Councell 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 Buffe had forgotten That we must not doe evill that good may come thereof and that both the just and the unjust the righteous and the unrighteous man being al of Gods Creation and making he hath the same prerogative over them all jure creations 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 goodnesse holinesse justice Mistake me not I doe not meane 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 owne assured damnation Therefore Gods employing wicked Instruments can be no president for our Alchimy Saints to doe the like unlesse Cromwells * Councell of Officiers of State and Parliament three Iuntoes and faction will usurp Gods prerogative as they have done the Kings 5. The 15. August the Letter saith that Coote called a Councell of Warre who resolved It was better to accept of the assistance of those who proclaimed themselves Friends to us and the Interest we fight for c. Here you see O Neale's bloody Party those Parliament Champions united and friendly conspiring to uphold one Common Interest which can be nothing but the downfall of Monarchy and Protestancy 6. The 15. August the Letter further saith that we Coote and his Councell of Warre added to the Articles this wary Proviso not to use their assistance longer then the approbation of the State of England should go a long with us therein c. It should seem by this warinesse 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 meane to use their assistance hereafter it is left indefinite no longer then the approbation of the State shall goe along with us therein which may happily be untill Domes-day notwithstanding the Order Dated the 24. August 1649. voting That their Vote of the 10. August in the Case of Col. Monke be communicated to Sir Ch Coote as the Resolution of the House c. For who knowes 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 Monke's Letter of Answer to Oneale Dated 26. April 1649. from Dondalke contained in the last foregoing Section but one See the said Paper entituled The Propositions of Owen Roe O Neale sent to C. Monk c. printed at Corke 1649. O Neale was pleased to communicate to him certaine Proposalls which he saith were long since transmitted into England to the Parliament by C. Monke and though for his owne part and the prime Officers with him these are privie to the secret carriage of the businesse and therefore may well be satisfied with what is done already they do not doubt but the Proposalls are already yeilded 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 untill 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 intreat your Lordships to declare your Resolution 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 publique Declaration thereof is desired that they may Vnanimously and cheerfully endeavour the preservation of the Parliaments Interest The Articles of Agreement between O Neale and Coote conclude clearly a League or Warre Offensive and Defensive against the Enemies of both or either untill a more absolute Agreement be made and condiscended unto by the Parliament of England This more absolute Agreement is now in agitation and private Directions sent to Coote how to behave himselfe in the Transaction thereof See the 1. Vote die veneris 24. August 1649. See the Relation of the Transactions between Sir Charles Coote and Own 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. Monke be communicated to Coote and a Direction for him how to behave himselfe in the Transaction between him and Own 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 their Trustors and Soveraigne Lords the People that they might have seen faire play above board and not to have sent clandestine Directions to Coote in so suspitious a busines how to behave himself in the Transaction with O Neale which implies the said Transaction shal be continued and may be compleated the rather for that their second Vote saith The House is well satisfied of the diligence faithfulnesse and integrity of Sir Charles Coote in preserving the Garrison of London Derry now it was preserved by his said Conjunction with O Neale who raised the Siege About this time came forth a Booke called 208. The Levellors vindicated or The Case of the twelve Troops c. The Levellors 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 solemne Engagement at New-market and Triplo-heath Iune 5. 1647. and many other their Declarations Promises and Protestations in pursuance thereof which Engagement they affirme against their Preaching Coronet Denne was never retracted by any Generall Councell of the Army nor upon any Petition of the Souldiers nor their Agitators ever by them recalled or dismissed The whole fabrik of this Common-wealth is fallen into the grossest and vilest Tyranny that ever English-men groaned under all their Laws Rights Lives Liberties and Proporties wholly subdued to the boundlesse wills of some deceitfull Persons having devolved the whole Magistracy of England into their Martiall Domination c. Pag. 7. They say That the Souldiers Paper-Debentures are good for nothing but to sell to Parliament-men for 3. or 4. in the pound which they are forced to sell them for to keep them from starving because they will not pay one penny Arreares to such as they put out of the Army any other waies that so they may rob the Souldiers of their Seven yeares Servìce and make themselves and their Adherents Purchasers of the Kings Lands for little or nothing and for ought appeares the Money they buy these Debentures with is the Money the Nation can have no Account of That they have dealt as basely with other Soldiers who never resisted their Commands 1. They turned them off with
Councell of State 3. Parliament 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 died resolutely Observe the thing aimed at in this new forme of Endictment of High Treason for leavying warre against the King and Parliament is first that the word King may hold in the Edictment which otherwise would be found to have errour in it and though the word for Leavying Warre against the Parliament be a vaine surplusage signifying nothing yet at last by help of their owne Iudges new-made presidents to leavy warre against the Parliament shall stand alone be the onely Significator and take up the whole roome in the Edictment and thrust the word King out of dores and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tryed like a Soldier by a Councell of Warre alleaging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the Generall and his Councell of Warre 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 fountaine of Iustice nor the safety of the Common-wealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Iudges accordingly O serviceable Iudges so the Generall was overborne 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 Iustice which way he pleaseth Col. Prides's Dray-horses 210. Capt. Plunkett and the Marquesse of Ormonds Brother voted to be Tryed the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have Voted that Capt. Plunkett and the Marquesse of of Ormond's Brother Prisoners in Ireland shall be brought to Tryall If the King's Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their owne 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 Booke called 211. An Our crie of the young Men and Apprentises London concurring with those fasly called Levellors An outcrie of the young Men and Apprentises of London Or An Inquisition after the lost fundamentall Lawes and Liberties of England truly Pathetically setting forth the slavery misery danger of the Common Souldiery People of this Nation and the causes thereof well worth the reading About this time came forth an Act for sooth for the speedy raising and leavying money upon the Excite 212. Excise that is as the Act telleth you upon all and every Commodities Merchandizes 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 eate drinke weare or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devoures in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personall to be paid and leavied with rigor And to make every mans house lie open to be searched by every prowling Rascall as often as he or they please 213. Foraigne Plantations The Traytors Tyrants and Thieves the Commons in Colonel Prides Parliament assembled are now againe frighted into a consideration of Foraigne 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 devide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labors the better to accommodate themselves there In the Act for sale of the Kings Queens and Princes personall Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their owne Plantations under pretence of sale the rarest and choicest of the Kings Gods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cousening the Souldiers c. That they may transport the whole wealth of the Land with them and leave England naked disarmed and oppressed with famine and disabled to pursue them for revenge or recovery of their losses 214. More Guifts to the Faction The said Commons are never wearied with exercising their bounty amongst their owne Faction out of the publique purse about 1300 l. to Col. Fielder to Scobell their Clerke heretofore a poore under-Clerke in the Chauncery who writ for 2d. a sheet besides an employment he hath already in the sale of publique Lands worth 1000 l. a yeare a Pension of 500 l. a yeare and a Noble Fee for every Copie of an Order taken forth toties quoties although most of their Orders containe not above three or four lines an extortion farre surmounting the Starre Chamber or Councell Table of which themselves so much complained the Diurnall tells you Numb 319. from Monday Sept. 3. to Monday Sept. 10. an Act was read for satisfying the sufferings of two Members who have been in the late Warre damnified many thousands these I conceive to be Sir Tho Iervys and Mr. Robert Wallope this satisfaction must be made out of the publique purse which must be filled by Taxes againe out of their private purses who have lost as well as they without satisfaction or hopes of satisfaction notwithstanding many Votes that all should be satisfied O Cromwell hath reduced the Officers in Col. Jones his Regiment and other Dublin Regiments 215. O Cromwell reduceth Iones own Regiment and other Regiments in Dublin Let Sir C. Coote and his Regiment in London-derry expect the like notwithstanding their valour fidelity shewne in raising the Siege of Dublin you see he will trust none but his owne immediate Creatures this Faction casts out all other men as Quicksilver spues out all other mettals Gold excepted so that by this and many other examples they may see that all their faithfull services and bloodshed are poured into the bottomlesse tub of oblivion as their Arreares are cast into the bottomlesse bagge of the Publique faith Sunday 9. Sept. 1649. 216. A violent irruption of the Parl Ianisaries upon the Protestants at Church in St. Peters Pauls-wharfe Sunday morne 9. Sept. 1649. At the Church of Saint Peters Pauls-wharfe Master Williams reading Morning Service out of the Booke of Common-prayer and having prayed for the KING as in that Liturgy established by Act of Parliament he is enjoyned Six Souldiers from Saint Pauls Church where they quarter came with Swords and Pistols cocked into the Church commanding him to come downe out of the Pulpit which Williams immediately did
by the Parliament intrusted and employed for the safety of the Nation being by Him or is 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-pople 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 Warres 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 Warres and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischiefe to this Nation acted or committed in the said Warres or occasioned thereby And the said Iohn Cooke by Protestation saving on the behalf 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 crimes on the behalfe 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 every the premises That such Proceedings Examinations Tryals Sentence and Judgement 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 Common-wealth President Sir you have now heard your Charge you find that in the close of it it is prayed to the Court in the 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 agoe in the Isle of Wight how I came there is a longer story than I thinke fit at this time for Me to speake But there I entered 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 an treated honestly and uprightly I cannot say but they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawfull Authority there are many unlawfull Authorities Thieves and Robbers on the Highway I was brought from thence and carried from place to place and I know not what and when I knew by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinnes you bring upon your owne heads and the judgment of God upon this Land think well upon it thinke 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 discent 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 coming hither you would have knowne 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 doe tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therefore let Me know by what lawfull Authority I am called hither I doe stand more for the Liberty of My People then any here that come to be My pretended Iudges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Brash Sir How really you have managed your trust is known your way of Answer is to interrogate the Court which beseemes 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 doe not come here as submitting to the Court I will stand as much for the Priviledge 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 doe it to the last breath in My body As it is a sinne to with stand Lawfull Authority so it is to submit to a Tyrannicall or any otherwise unlawfull Authority Bradsh Brutish The Court expects your finall Answer and will adjourne till Munday next we are satisfied with our Authority that are your Iudges and it is upon Gods Authority and the Kingdomes and that peace you spake of will be kept in doing Iustice and that 's our present work Note So the Court Adjourned and the King was conducted back They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Iustice Iustice 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