graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their own faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded therby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may pass through any form of Government to carry on their Design The Diurnall tells you there was not a Negative Voice this shews under what a terror they sit when in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speak true and yet the King no Prisoner of War was passed onely in the name and by the Authority of the Commons Notwithstanding the Order of the House That the Clerk should not deliver a Copy of the said Ordinance to any man I here present the Reader with a Copy thereof * An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England 59. The Act for Triall of the King VVHeras it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government Quaere Whether the Faction do not translate these Crimes from themselves to the King with many others and that besides all evil waies to bring His Design to pass He hath prosecuted it with fire and sword levied and maintained a Civill Warre in the Land against the Parliament and Kingdom whereby this Countrie hath been miserablie wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment Whereas also the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdom did forbear to proceed judicially against Him but found by sad experience that such their remissness served onely to encourage Him and His Complices in the continuance of their evil practices and raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas Ld. Fairfax Generall Oliver cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaas Pennington Alderman Thomas Atkins Ald Col. Rowland VVilson Sir Peter VVentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berkstead Col. Mat. Tomblinson Iohn Blackstone Esq Gilb Millington Esq Sir Will Cunstable Col Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Livesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburn Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Richard Dean Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Iohn Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Esq Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Esq Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Humph Edwards Esq Greg Clement Esq Iohn Fray Esq Tho Wogan Esq Sir Greg Norton Serj. Iohn Bradshaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Ald. Thomas Scot Alder. Tho Andrews Ald William Cawley Esq Abraham Burrell Esq Col Anthony Stapley Roger Gratwicke Esq Iohn Downs Esq Col. Thomas Horton Col. Tho Hammond Col. George Fenwick Serj. Robert Nichols Rohert Reynolds Esq Iohn Lisl Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn Weaver Eq. Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Esq Augustin Skinner Esq Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Brown Esq Iohn Lowry Esq Mr. Bradshaw nominated President Counsellors assistant to this Court and to draw up the Charge against the KING are Doctor Dorislau Master Steel Master Aske Master Cooke Serjeant Dandy Serjeant at Arms. Mr. Philips Clerk to the Court. Messengers and door-keepers are Master Walford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Judges for the hearing trying and Judging of the said Charles Stuart and the said Commissioners or any 20 or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such Proportions as they and the two Houses shall agree 2. He disableth them to bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War That the King protected Delinquents from justice And all that the House desired in the Propositions presented to him at Oxford Febr. 1642. was That His Majesty would leave Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher Faction whatsoever which may arise should at any time hereafter get the upper hand by the peoples general adhering to them or any divisions of the Army or by any means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present General Councel of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnatural tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70 of the Commissioners present Then the King was brought to the Bar by Col. Hacker with Halberdiers the Mace of the Court conducting him to his chair within the Bar where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation Prove this power and trust The whole Kingdom in effect deny it So do all our Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First January 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any Witnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
be given of any Subject Tried but by Bill of Attainder in Parliament or by a Jury But all was but to charme a deaf Adder He was a gallant Gentleman and they durst not let him live The KING'S Library at St. James's was given I hear to that ignorant Stage player Hugh Peters 123. The Kings Library at Saint James's given to Hugh Peters 26. Febr. John Lylburne delivered to the Commons by the name of the Supreme Authority of England A Petition in the name of many thousand wel-affected with a Book annexed entituled Englands new Chaines discovered The most material points thereof are 124. L. C. Lylburnes Petition to the House with Englands new Chaines annexed See the Hunting the Foxes c. pag. 8. that they find fault with The Agreement of the People presented to the House by Lieu. Gen. Hammond from the Officers of the Army because 1. They like not there should be any intervals between the end of this Representative now sitting and the beginning of the next whereby during the said Intervall the Supreme power will be left in the new erected Councel of State a constitution of a new and unexperienced nature which may designe to perpetuate their power and keep off Parliaments and Representatives for ever 2. They conceive no lesse danger in that it is provided that Parliaments for the future are to continue but 6. months and the Councel of State 18. Months in which time having command of all the Forces by Sea and Land they will have great opportunities to make themselves absolute and unaccountable 3. They are not satisfied with that Clause in the said Agreement That the Representative shall extend to the erecting and abolishing Courts of Justice since the alteration of the usuall way of Trialls by 12. sworne men of the Neighbour-hood may be included therin as hath lately been done by erecting a new High Court of Justice criminall under a President and Commissioners or Tryers picked and chosen in an unusuall way all liberty of exceptions against them being over-ruled 4. They are not satisfied with that Clause in the Agreement That the Representative have the Highest finall Judgment since their Authority is onely to make Generall Laws Rules and Directions for Courts and Persons assigned by Law to execute them unto which the Representatives themselves are to be subject it being a great partiality and vexation to the People that the Law-makers should be Law-executors 5. They finde fault with the Excise calling it The great obstructor of all Trade farre surmounting Ship-money and all Patents Projects and Monopolies before this Parliament 6. The Act for Pressing of Sea-men 7. The General and Officers obstructing the Presse 8. The Chancery and Courts of Justice not regulated Hunting the Foxes p 8. sayes it was Iretons invention 9. They complaine That a Councel of State is hastily chosen as Guardians of the Peoples liberties with a vast and exorbitant power 1. To command order and dispose of all Forces by Sea and Land and all Magazines of Store in England and Ireland 2. To dispose all publique Treasure 3. To command any Person whatsoever before them to give Oath for discovery of Truth 4. To Imprison any that shall disobey their Commands and such as they shall Judge contumacious what now is become of Magna Charta and the Liberties of the People That no Mans Person shall be Attached or Imprisoned or Disseised of his Free-hold or Free-customes but by lawfull Judgement of his Equalls This Councel of State hath got all power into their hands a project long laboured and now their next motion will be pretending ease to the People to Dissolve this Parliament 10. The Petitioners complaine that in order to settle their Tyranny the Councel of Officers insisted upon it That a motion should be made to the House of Commons to enable them to put to death by Martial Law all such as they shall judge by Petitions or otherwise to disturbe the present proceedings whether Members of the Army or not And when it was urged That the Civil Magistrate should do it it was answered * The saying of Col. Hewson the one-eyed Cobler See Hunting the Foxes p. 10. They could hang twenty ere the Magistrate could hang one The prayer of their Petition is 1. That the Self-denying Ordinance be observed 2. That they would consider how dangerous it is to continue the Highest Military Commands so long in the same Persons especially acting so long distinct and of themselves as those now in being have done and in such extraordinary waies whereunto they have accustomed themselves which was the original of most Tyrannies 3. That they would appoint a Committee of Parliament-men to hear and determine all controversies between Officers and Officers Officers and Souldiers to mitigate the rigour of Martiall Law and to provide it be not executed upon any not Members of the Army 4. That they will open the Presses 5. That they will dissolve this Councel of State threatning so manifest Tyranny 6. That they will severely punish all such as acting upon any Order Ordinance or Act of Parliament shall exceed the power conferred on them After this came forth a second part of Englands new Chaines discovered 125. A second part of Englands New Chains setting forth the hypocrisie and perfidiousnesse of the Councel of the Army and the Grandees in cheating all Interests King Parliament People Souldiers City Agitators Levellers c. which tells you That the Grandees walk by no principles of Honesty or Conscience but as meer Polititians are governed altogether by occasion as they see a possibility of making progress to their Designs which course of theirs they ever termed A waiting upon Providence that under colour of Religion they might deceive the more securely It tells you their intent is to Garrison all great Towns to break the spirits of the People with oppression and poverty It farther Declares that these Grandees judge themselves loose when other men are bound all Obligations are to them Transitory and Ceremonial and that every thing is good and just as it conduceth to their Interests That the Grandees never intended an Agreement of the People but onely to amuse that party whilest they hastily set up a Councell of State to establish their Tyranny that to prepare the way to this they broke the House of Commons took away the House of Lords removed the King by an extrajudiciall way of proceedings and erected such a Court of Justice as had no place in the English Government That the remainder of the House of Commons is become a meer channell through which is conveyed all the Decrees and Determinations of a private Councell of some few Officers All these and the Votes That the Supreme power is in the people and the Supreme Authority in the Commons their Representative were onely in order to their Interests of will and power That they place their security in the divisions of the People That if the present House of
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
what Spirit Haslerigge is known That some Northern Counties having petitioned the Commons for relief against the miserable famine raging there Haslerigge opposed their request saying The want of food would best defend those Counties from Scottish Invasions What man that had any sense of Christianity Courage Honesty or Iustice would have been the Authour of so barbarous and unjust a motion That six Gentlemen no way conscious nor privie to the fact should be offered up a sacrifice to revenge and malice nay to guilty fears and base cowardicâ— to keep off the like attempts from Haslerigge and his Party I wish this Gentleman would reade the Alcharon or new Independent Bible of the new Translation and from thence gather precepts of more Humanity Justice Honesty and Courage since he hath Read the Old and New Testament of Moses and Christ to so little purpose Yet the House 18. of May passed a Declaration That if more Acts of the like nature happened hereafter it should be retaliated upon such Gentlemen of the Kings Party as had not yet Compounded But this is but a device to fright them to Compound unlesse it be a forerunner to a Massacre heretofore taken into consideration at a Councell of Warre See Sect. 117. 161. An act declaring more new Treasons About this time came forth that prodigious Act declaring four new Treasons with many complicated Treasons in their bellies the like never heard of before in our Law nor in any Kingdom or Republike of Christendom Because I have formerly spoken of it the Act it self printed publisht and dreadfully notorious throughout the whole Kingdom I will refer you to the printed Copie onely one clause formerly debated was omitted in the Act viz. That to kill the Generall Lieuten Gen. any Members of this present Parl. or Counsel of State to be declared Treason this would have discovered their guilty cowardize so much they were ashamed of it besides it was thought fit to make the People take a new Oath of Allegiance to the new State First I will only give you some few Observations thereupon This Act declares to be Treason unto death and confiscation of Lands all Deeds Plots and Words 1. Against this present fagge end of a Parliament and against their never before heard-of Supream Authority and Government for when was this Kingdome ever governed by a Parliament or by any power constituted by them 2. All endeavours to subvert the Keepers of the Liberty of England and Councell of State constituted and to be from time to time constituted by Authority of Parliament who are to be under the said Representatives in Parliament if they please and not otherwise for the Sword and the Purse trusted in the power of the Councell of State yet the Keepers of the Liberties of England and the Councell of State of England to be hereafter constituted by Parliament are Individua vaga ayrie notions not yet named nor known and when they are known we owe them no Allegiance without which no Treason by the known Lawes of the Land which is onely due to the King His lawfull Heires and Successours thereto sworn nor any the particular Powers and Authorities granted to this Parliament by the said Keepers of the Liberties of England and Councell of State yet any where authentically published and made known to us by any one avowed Act unlesse we shall account their Licensed New Books to be such and therefore they may usurp what powers they please So that these men who involved us in a miserable Warre against the late Murdered KING pretending He would enslave us and they would set us free have brought us so far below the condition of the basest Slaves that they abuse us like brute Beasts and having deprived us of our Religion Lawes and Liberties and drawn from us our money and bloud they now deny us the use of reason and common sence belonging to us as Men and Govern us by Arbitrary irrationall Votes with which they bait Traps to catch us Woe be to that people whose Rulers set snares to catch them and are amari venatores contra Dominum Men-hunters against God nay to move any Person to stir up the People against their Authority is hereby declared Treason mark the ambiguity of these words like the Devils Oracles which he that hath Power and the Sword in his hands will interpret as he please If the Keeper of the Liberties of England or Councell of State shall extend too farre or abuse their Authority never so much contrary to the Lawes of the Land Reason Justice or the Lawes of God as hath been lately done in this Case of Lylburne Walwyn c. no Lawyer no Friend shall dare to performe that Christian duty of giving councell or help to the oppressed here Fathers and Children Husbands and Wives Brothers and all relations must forsake nay betray one another lest these Tyrants interpret these duties to be A moving of them to stirre up the People against their Authority 3. All endeavours to withdraw any Souldier or Officer from their obedience to their Superior Officer or from the present Government as aforesaid By which words it is Treason First if any mans Child or Servant be inticed into this Army and the Father or Master endeavour to withdraw him from so plundering and roguing a kinde of life back to his profession Secondly If any Commander or Officer shall command his Souldiers to violate wrong or rob any man for the party so aymed at or some wel-meaning Friend to set before the said Souldiers the sinne and shame of such actions and disswade them from obeying such unlawfull commands 4. If any man shall presume to counterfeit their counterfeit Great Seale It is declared Treason I wonder it is not Treason to counterfeit their counterfeit coyne Behold here new minted Treasons current in no time and place but this afflicted Age and Nation Edw. 3. anno 25. regni ch 2. passed an excellent Act to secure the People by reducing Treasons to a certainty as our New Legislative Tyrants labour to ensnare the People by making Treasons uncertaine and arbitrary Sic volo sic ju beo it shall be Treason be cause they will call and Vote it so what they please to call Treason shall be Treason though our knowne Lawes call it otherwise we have long held our Estates and Liberties and must now hold our Lives at the will of those Grand Seigniours one Vote of 40. or 50. factious Commons Servants and Members of the Army vacates all our Lawes Liberties Properties and destroys our Lives Behold here a short veiw of that Act which hath no Additions by any Act subsequent See stat 1. Mariae c. 10. Whereas diverse opinions have been before this time in what cases Treason shall be said and in what not The King at the request of the Lords and Commons Declares See 1. H. 4. c. 10. 11. H. 7. c. 1. 1. That to compasse or imagine the Death of the KING how
England although I dare say at least five hundred to one if they were free from the terrour of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Power of the Nation under them This was purposely so contrived to ingage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publick disclamour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegal Common Councel newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designs and intangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrews Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharisaical House of Commons voted an Act June 1. 171. A Thanks-giving Dinner in the City for the General c. for a day of Thanks-giving to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councel of State the General and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for the Relief of Ireland to ingage the City farther to them Cromwel had the Chair in that Committee the device was that the Common Councel should invite the Parliament Councel of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the Thanks-giving white-broth and custard had been bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast down with another for the glory of his own Name and that he might have occasion to purge the Army as he had done the Parliament of all free-born humours 172. The Councel of State sit in pomp at White-hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councel of State sit in as much state and splendour with their Rooms as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majeâ—ty were but Mâ—chanicks Gold-smiths Brewers Weavers Clothiers Brewers Clerks c. whom scornful Fortune in a spiteful merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turn them into the Tyring Room out of their borrowed cases and shew us that our Lions are but her Asses The Kings poor Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the Kings Goods to pay their Debts they poor Souls are left to starve while these Saints Triumphant revel in their Masters Goods and Houses 173. A general survey to be taken of the whole Kingdome that every mans Estate both real and personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans estate real and personal wherein good progress hath been made already the like is to go forth throughout the Kingdome That our forty mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Nation may take an exact survey in imitation of William the Conquerors Book of Survey called Domes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of June 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to inable Committees to give Oaths in some cases and yet the House of Commons never had nor pretended to have power to give Oathes themselves though every Court of Py-p wders hath because the House of Commons is no Court of Judicature but only the Grand Inquest of the Kingdome to present to the King the grievance and the necessities of the People by way of humble Petition as appears by the Law-books and Statutes and therefore the Commons can grant no more than they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintain it they and we must be what they please yet I must affirm that to take illegal Oaths is never justifiable before God nor Man and no less than damnable But it may be that by accustoming the People to take these new-imposed illegal Oaths they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their own Damnation together hereafter All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saint-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would finde money enough The like attempt onely in the Kings time was cried out upon as a high piece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glass of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and down like our own Ghosts who having lived under the Monarchy of Good King CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. June 176. The aforesaid Thanksgiving solemnized 1649. the Thanks-giving spoken of Sect. 172. was solemnized in the City The Lord Mayor meeting the Speaker resigned to him as formerly was used to the King the Sword of State as had been ordered by the House the day before and received it again from
Projector Holland the Linkeboy John Trencharde that packed a Committee in which he was a Member and voted to himself 2000 l. Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me See the Additionall Pâ—stscript at the Latter end of this Book 2. An Enditement must certainly allege the Offence committed in respect of the Matter Time Place Persons and other Circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of Time Place and Persons being the assured Testimony of all Humane Actions This Lawless Court leaves him in a vast Sea of Troubles without Pole-star card or compass to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a false-hearted Pilot to him These Judges not being of Counsel with the Prisoner as our Legall Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious Cooks 3. Instit p. 29. But the whole Proceedings of this Court their Meeting and sitting being erroneous here is no room left for Admonition To take away their errours is to take away Court 4. Cooks 2. Instit pag. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Laws of England not upon the votes of the House of Commons and to contain this Clause in them To do what is just according to the Laws and Customs of England not to execute the severall powers given them by the Act. 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I find an Act of Parliament made 11. Hen. VII c. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of 12 men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any Person or Persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of People were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a New Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I hear such an other Offfce will be erected when the Novelty of this wonderfull High Court is lessened and the yoke thereof throughly setled upon the Peoples Necks Yet observe the said Act. 11. Hen. VII c. 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had been pursued against many of the Kings subjects to their great dammage and wrongfull vexation The ill successe hereof saith Cook and the fearfull end of these two Oppressors who were Endited and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and Free Parliament Cooks 3. Instit p. 208. Should admonish Parliaments That instead of this Ordinary and precious Triall by the Law of the Land they bring not in Absolute and Partiall Trialls by Discretion And in his 4. Instit page 41. Cook saith Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertain and crooked cord of Discretion for it is not almost Credible to foresee when any Maxime or Fundamentall Law of the Land is altered what dangerous inconveniences will follow as appeares by this unjust and strange Act 11. Henry VII chap. 3. 5. This Parliament alwaies declared they bore Arms against the King in Defence of the Laws Liberties and Properties of the People This way ran the whole current of their Declarations And they alwaies reckoned Magna Charta the Petition of Right and Trialls by Juries the Chief and most Fundamentall of all our Laws See their 1. Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgements against mens Estates without Trials by Juries Much aggravated by Master St. Iohns in his aforesaid Argument against Strafford And for the better preservation of Legall Trialls by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earl should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9. Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the fundamental Laws of the land for preservation of the lives liberties and properties of the people with all things incident thereto Now to erect an arbitrary lawless high Court to give judgment against mens lives and estates and attain their bloods without Enditement found by a grand Jury and a trial by a Jury of twelve sworn men vicineto is a far fouler breach of trust in them against their Sovereign Lords the People than all they charged the King withall and a far higher act of tyranny and injustice than either the late King or Empson and Dudley or Strafford were accused of But if they alledg They do not put down Juries in general but only in some particular mens cases and upon necessity I answer That we are all born Freemen of England alike That our ancient known Laws Laws Courts and trials by Juries are our inheritance equal alike to all And one party or part of the people ought not to be disherited disfranchised or forejudged no more than another No man can be said guilty of any crime until he be legally convicted and sentenced the Law must first go upon him and condemn him Ubilex non distinguit non est distinguendum If we do not live all under one Law and form of Justice we are not all of one Commonwealth See the aforementioned Gentlemans Argument against the special Commission of the Court of York For Necessity our present power is under none but the fears and terrors of their own guilty consciences No apparence nor probability of any enemy by their own confession nor can they plead in their excuse a necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerful and dangerous persons as could not safely be called to account by the Law so dyed Joab Adonijah c. for which the rule is Neminem adeo eminere
manners with new principles Anglia Rediviva p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving his Majesty who was minded to cast himself upon the Army but such was their faithfulness in that point that conceiving it derogatory to the honour and power of Parliament for his Majesty to wave that highest Court and address himself to any others and therefore inconsistent with their trust and duty being servants of the State they certified the Parliament thereof and understanding it to be against their sense also they absolutely refused to be tampered with Oh how faithful then how perfidious and Cromwellized are they now let their frequent tampering with the King and His Party to the amazement of the Kingdom and the abusing of the King testifie Read Putney Projects written by a considerable Officer of the Army and a friend to Cromwel though not to his false practices 14. Their project to keep the Parliament in Wardship Having thus gotten the King the first and most visible legal authority of England into their possession their next design is to get the Parliament the second legal authority of England into their power 15. Purging the Houses again This could not be effected but by purging the two Houses of Presbyterian Members especially the most active and such as had laboured their disbanding that an Independent Parliament and Army might govern the Kingdom In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army 16. Accusing the 11. Members a general and confused Charge of High Treasons and other mis-demeanours against eleven Members for things done for the most part in the House and many of the principal such as the House had long before examined and acquitted them of and such as the whole Kingdom knows Cromwel and Ireton to be apparently guilty of as Trucking with the King c. One cheif Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to pass Here you see where the shooe wrings them This Charge was not subscribed by any informer that ingaged to make it good or else to suffer punishment and make the House and the parties accused reparations as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but especially by 31. H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be and they professed in the 2. 3. 4. Article of their Charge That they were dis-obliged and discouraged from any further engagement in the Parliament service or Irelands preservation And demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge before particulars produced and proofs made Yet the Army which had now learned only to acquiesce in their own prudence and justice insolently threatned to march up to Westminster against the Parliament 17. Threats to march up to London in case the said 11 Members were not suspended and courted the City of London to sit Newters 18. London solicited to fit Newters and let them work their will with the Parliament The 11. impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to do After this the Army sent in their particular Charge and libellously published it in print by their own Authority To which the 11. Members sent in and published their Answer Upon which there hath been no prosecution because they pretend first to settle the Kingdom bâ—t if they stay till these fellows have either authority will or skill to settle the Kingdom they shall not need to make ready for their tryal till Dooms-day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not only accusers but parties Witnesses and Judges and carrying the Rules of Court and Laws by which they judge in their Scabards And the Charge of Impeachment such as all men know mutatis mutandis are more suitable to Cromwells and Iretons actions than the accused Parties If the proceeding in the Kings name against the 5 Members mentioned in The exact Collection part 1. p. 38. were Voted A Trayterous design against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nichols having the Speakers Passe and leave of the House Colonel Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his own house 19. The first occasion of quarrel against the City Whilst these things were acting Cromwel finding he could not have his will upon the Parliament but that he must make the City of London who had denied the neutrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in 20. Courting and cheating the Country and all other interest to lull them a sleep till the Grandees had wrought their will upon the City and Houses was dangerous he therefore by many Printed Books and Papers spread all England over by his Agitators and by some Journey-men Priests whose Pulpits are the best Juglers boxes to deceive the simple Absolom-like wooeth them to make loud Complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace Restorers of our Laws Liberties and Properties Setlers of Religion Preservers of all just interests pretended to settle the King in his just Rights and Prerogatives to uphold the Privileges of Parliament 21. Petitions to the Army and for the Army establish Religion to reform and bring to account all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all devouring Excise and other Taxes to redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdom and Ireland both by Sea and Land into their Hands and Vote against all opposite Forces But they are now become the only Protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other
out of the way the King the first and most visible legall Authority they will now put downe the Parliament the second visible Authority of England who are now the onely Bulwarke against the Tyranny of the Sword and then as Major White said at Putney long since there will be no visible Authority left in England but the power of the Sword which will introduce a new Parliament or rather fantastical new invented Representative destructive to Parliaments all of their owne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That nâ—ne shall be capable of Electing This is so explained by the Moderate one of the raling Pen-men of the Faction who hath a large share in the 500. or 600. a year allowed to these Pamphletires for divulging State-lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shall sign to the Agreement of the People which is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchical Principles in the beginning of this Paragraph nor any that oppose this Agreement By what Authority but the arbitrary sway of the Sword shall Freemen be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Law and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and we are their Slaves 3. That Elections may be so distributed as to render the House of Commons a Representative of the whole People that is tagge and ragge and Canting Beggers who have nothing to give or lose as well as Free-holders so farewel Writs of Summons and all orderly legal formes if all men without any distinction may Elect and be Elected all will fall into confusion the Rabble will never agree all things will tend to Riots and Tumults so that the better and soberer fort will and must forbeare and leave all in the hands of the Rascallity and at last no Representative will be chosen or such an one as the People will be ashamed to owne and will desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice how frequent Civil Warres are in all Elective Kingdomes during the interregnum or space between the death of the old and choice of the new King how obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland and heretofore Bohemia and Hungary tell all Histories are full of examples yet if our elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crowne Revenues be otherwise disposed of as is inferred and their Heads exposed to the humours of the People or their Representative the Office will be so unworthy of any wise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I do hereby give my voice to Cromwell the perfidious Brewer catch who catch can let them agree amongst themselves I care not which of the two shall be set up for the new States Scar-Crow This Remonstrance was about a Week after seconded with a most insolent threatning Declaration composed altogether to terror it was occasioned as followeth About the latter end of November the Parliament was informed the Army was upon their march to London whereupon not without great opposition by the Armies Party in the House and with great caution it should be mannerly phrased for feare of angring his insolency a Letter was Voted to be sent the Generall forbidding his neerer approach In contempt whereof the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to Westminster to doe what God should enable them unto The same night they came to Hyde-Parke-corner and kept Guards there Hereupon it was put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the cowardice of some whose hearts now began to melt and the impudent restlesse bawling of those cheating Saints that comply with the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Answer was debated and as a prologue to it young Sir Henry Vane a Whelpe of the Old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speak more plainly We shall discover who are the Kings Party in the House and who the Peoples To which was Answered That since this Gentlemen were so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in minde of another Division of the House Sir you will find some desirous of peace and they are Losers by the Warre Others are against peace and those are Gainers by the Warre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feete for till then the Ballance of the Common-wealth will never stand right towards a settlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principal Publican and Treasurer they get constantly above 6000 l. per annum between them besides private cheats by paying half Debts and taking Acquittances for the whole and then discounting for the whole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much wealth as makes him sawcy enough to hire William Lilly and other Pamphletiers to derive his Pedigree from John Holland Duke of Exeter although it be knowne he was originally a Link-boy but he is now one of the New Lights an illuminated Brother Master Pryn moved the debate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army but said Mr. Rich. Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the General took possession of White-Hall for his Quarters 20. The Generall
strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedom ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcille seclusion from the House and the continuance of the Armies force upon it are no way obligatorie but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparallel'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedom of Parliament and Disturbers of the pace and settlement of the Kingdom and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemn Covenant and dutie under paine of deepest perjurie and eternall infamie are obliged unanimouslie to oppose and endeavour to their utmost power to bring them to exemplarie and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Government and Laws of this Realm All which we held it our duties to declare and publish to the world for fear our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guiltie of betraying the Priviledges Freedom and Honour of this Parliament to our perpatuall reproach and the prejudice of all succeeding Parliaments Dated at Westminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons pass and print a Declaration against the said Declaration The said solemn Protestation of the secured Members being complained of was sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it with Authority instead of Reason both Houses passed this following declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament taking into their consideration a printed Paper entituled A solemn Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and proceedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House The present visible Government is the Power of the Sword in the hands of Rebels The fundamental Government of this Kingdom is destroyed by the Faction remaining in the House of Commons by their Acts For abolishing Kingly Government The House of Peers their putting down Trials by Jury of 12. men and setting up illegal High Courts of Justice their usurping the Supream Authority their mâ—kâ—ng Treason an Arbitrary crime their erecting a Councel of State oâ— Hogens mogens forty Tyrants in lieu of one King their altering the stile of Writs and Legal Proceedings c. Sentence given before any person accused or heard to speak for himself Oh the brutish understanding of men whose sins and fears have intoxicated their wits and the continuance of the Armies force upon it are no way obligatory but void and null to all intents and purposes The said Lords and Commons do thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamental Government of this Kingdome And do therefore order and ordain the said printed Paper to be suppressed and that all persons whatsoever that have had any hand in or given consent unto the contriving framing printing or publishing thereof shall be adjudged and hereby are adjudged uncapable to bear any Office or have any place of trust or authoritie in this Kingdome or to sit as Members of either House of Parliament And do further order and ordain That every Member of either House respectively now absent upon his first coming to sit in that House whereof he is a Member for the manifestation of his innocencie shall disavow and disclaim his having anie hand in or given consent unto the contriving framing printing or publishing of the said paper or the matter therein contained The 12. and 13. Decemâ—er 28. The Conventicle of Commons repeat ex tempore in a thin House under a force the Votes deliberately passed in a full and free House the Commons that they might purge their Journal Books of all State-Heresies as well as their House of all State-Hereticks voted this Index expurgatorius which in their own canting language I here present to you 1. Resolved c. That the Vote of this House Jan. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionâ—l Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdom and is hereby repealed The like for the rest of the Impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House June 30. 1648. whereby this House did concur with the Lords for opening of a way to the Treaty with His Majesty for a safe and well-grounded Peace That the Votes Jan. 3. 1647. forbidding all Addresses to be made to or from the King be taken off was highly dishonourable to the proceedings of Parliament and apparently destructive to the good of the kingdom sure they meant the kingdom of the Saints They likewise by four several Votes revived the said 4. Votes Jan. 3. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be bad in the Isle of Wight with the King in person by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court was highly dishonourable and apparently destructive to the good of the kingdome The House adjourned Good Boyes they can say their Lessons well and apace too when the Army whips them on they will shortly have a jubilee of play-days for their pains 40 or 50 new Lights snuffed by the Councel of War can better discover what is dishonourable and apparently destructive to their own kingdom then 340. or 244 could do at other times If you ask what Debates they had they could have none being now freed from the contradiction of sinners being all Birds of a feather taught the same tune by the same Masters and singing in the same cage 29. A Protest to be entred against the Votes That the Kings Grants were a ground for a settlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes was not thought by those that think one thing and say another a sufficient Test all were confidently for them that voted with them wherefore godly John Gourdon a Fellow that spits venome as naturally as a Toad moved That
a Protestation might suddenly be drawn up and every Member to set his hand to it in detestation of those repealed Votes A Committee was appointed accordingly The 14 Decemb. the said new-found Shiboleth was brought in by Gourdon which caused divers that were not yet mad enough for Bedlam to forbear the House or rather Conventicle Decemb. 14. They repealed the Ordinance lately passed after mature debate for setling the Countie-Militias of the Kingdome 30. The Militia of the Counties new setled in Independent hands because there were some Presbyterians in it not well-affected to the Army and in that new sense Malignants And ordered that a new Ordinance with a List of new Names of Saints Militant sounding like a Jewish pedigree be brought in for through the indiscretion of the Presbyterians the Independents have had the custody of our Purses a long time and now must keep our Swords too and then Stand and deliver will be the only Law of the Land About this time Major General Brown one of the Sheriffs of London was fetched out of the City by a Party of Horse 31. Sheriff Brown carried away out of the City Prisoner to S. James's and carried before the mechanick Councel of War at Whitehall although a Member of Parliamâ—nt and consequently one of their Masters where he told them He knew they had nothing to charge him withall but his honest endeavours to preserve His Majesty and His Posterity together with the Parliament City and Kingdome with the Laws and Government thereof from being rooted up by them and that he feared them not Col. Hewson the one-eyed Cobler was so sawâ—y as to tell him He was too peremptory at last they committed him Prisoner to S. James's And that he might not want company 32. Sir Will. Waller c. removed to S. James's they sent a Warrant to Capt. Lawrence Marshal General to remove Sir Will. Waller Sir John Clotworthy Major Gen. Massey and Commissary General Copley from the Kings Head to him The Marshal shewing them the Warrant 33. They protest against the Generals Authority they protested against the Authority and offered the Protest to the Marshal in writing desiring him to shew it to the General which he refusing to receive Sir Will. Waller desired all the company to witness what Protestation they did make in behalf of themselves and all the Free-born people of England against the violent and illegal encroachments of the General and Councel of War against the Laws and Liberties and read it aloud as followeth A Declaration of the taking away of Sir Will. Waller Sir John Clotworthy Major Gen Massey and Colonel Copley Members of the House of Commons from the Kings Head in the Strand to S. James's Together with their Protestation read at their removal With a Copie of the L. Generals Order for the same Tuesday Decemb. 12. 1648. Marshal Laurence came and acquainted Sir William Waller Sir John Clotworthy Maj. Gen. Massey and M. Lionel Copley Members of the House of Commons That he had Orders from the Lord General and Councel of the Army to remove them from the other Prisoners to S. James's They replied to him That they desired to see his Orders The Marshal answered They were onely verbal but the Gentlemen insisting to see a Warrant for their remove the Marshal went to the General and from him about six a clock brought an Order a true Copie of which follows Viz. YOu are upon sight hereof to remove Sir Will. Waller Sir John Clotworthy Major General Massey and Colonel Copley from the Kings Head Inne where they are now in Custody to S. James's And for so doing this shall be your Warrant Given under my hand Decemb. 12. 1648. T. Fairfax To Marshal General Lawrence This Order being shewed unto the foresaid Gentlemen Sir Will. Waller produced a Paper desiring that the same might be presented to the General which Marshal Lawrence refused to receive Upon which the said Sir William Waller and the other three Gentlemen desired the said Marshal and all the Gentlemen there present to attend and witness to that Protestation which they did there make in behalf of themselves and all the Commons and Free-born Subjects of England so with a distinct and audible voice read their Protestation as followeth VVE whose Names are hereunto subscribed being Members of the House of Commons and Freemen of England do hereby declare and protest before God Angels and Men That the General and Officers of the Armie being raised by the Authoritie of Parliament and for defence and maintenance of the priviledges thereof have not or ought to have any power or jurisdiction to apprehend secure detein imprison or remove our persons from place to place by any colour or Authoritie whatsoever nor yet to question or try us or any of us by Martial Law or otherwise for any offence or crime whatsoever which can or shall be objected against us And that the present Imprisonment and removal of our persons is a high violation of the Rights and Priviledges of Parliament and of the Fundamental Laws of the Land and a higher usurpation and exercise of an Arbitrary and unlawfull power then hath been heretofore pretended to or attempted by this or any King or other power whatsoever within this Realme notwithstanding which We and every of us do Declare our readinesse to submit our selves to the Legall triall of a Free Parliament for any crime or misdemeanour that can or shall be objected against us At the Kings-head in the Strand In witnesse whereof we have hereto subscribed our Names the 12. of December 1648. William Waller Edward Massey John Clotworthy Lionell Copley About this time Mr. Pelham Mr. Lane Mr. Vaughan 34. Foure secured Members dischaâ—ged Sir Simon Dewes Members secured were set at liberty without any engagement although at first it was demanded they should engage not to attempt any thing against the present actings of this Parliament and Army which they refused About Decemb. 11. 1648. 35. The Agreement of the People published and Answered was delivered into the world a monstrous Beggers Brat called The Agreement of the People It is very judiciously Answered by Mr. William Ashurst all the Contents thereof is in the Remonstrance of the Army 20. Nov. 1648. wherof I have spoken already 1. It proposeth That the People that is some small part of the People the Army and their faction without any colour of Law or Right should agree together to take away finally the present Government by King Lords and Commons which the Kings Party heretofore charged upon the Parliament as their Designe for which they fought whereupon the Parliament to vindicate themselves published many Declarations and passed sundry Votes That they would not alter the Government by King Lords and Commons it also takes away the legall right from Burroughs to chuse members of Parliament this admitted they may as well conspire to take away any Law or any mans Life or Estate by which rule
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho. Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennis Bond Esq Humph. Edwards Esq Gregory Clement Esq John Fray Esq Tho. Wogan Esq Sir Greg. Norton Serj. John Bradshaw Col. Edm. Harvey John Dove Esq Col. John Venn John Foulks Alder. Thomas Scot. Tho. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 85. Observations upon the tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating Tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a civil Martyr dying for the Liberty of the people And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. February Cromwell and Ireton and their canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their requests are commands to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains sub fine And the Hunting of the Foxes c. although no Members of the Army they must have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodomus that Type and figure of him John of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were sent to the Presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he intended to deliver in Writing on Monday Jan. 22. 1648. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation HAving already made my Protestations not only against the Illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe to God in the preservation of the true Liberty of my people will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denyed I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lye against the KING they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamental Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speak not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
Humane shewing Him to be more then Conquerour of His Enemies in His rare Christian patience and charity the very reading of it aggravateth our loss of so Gracious and excellent a Prince that had learned the whole method of humane perfection in the schoole of adversity Herod and his Jews never persecuted Christ in his swadling-clouts with more industrious malice then the Antimonarchicall Independent Faction this Book in the Presses and shops that should bring it forth into the world knowing that as the remembrance of Heaven strikes a horror into us of Hell So the contemplation of his virtues will teach us to abhorre their vices March 8. 1648. 129. The form of Writs for Elections changed The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament But three dayes before it was reported to the House from the Councell of State what number of Horse and Foot they thought fit to be kept up for the service of England and Ireland 130. A new establishment for the Army reported to the House from our new Masters the Councell of State and the Monthly charge which estimated come to 160000 l. per mensem You see we are likely to finde these our new Lords such gracious Masters to us that as the second part of Englands new Chains saith We shall have Taxes though we have neither Trade nor Bread In the Earle of Essex time when the Warre was at the highest the Monthly Tax came but to 54000 l. a Month yet had we then seven or eight Brigades besides his Army and Garrisons but that the Faction of Saints may carry on the work of a thorow Reformation in our purses as well as they have done in the Church and Common-wealth they first raised the Tax to 60000 l. a Month for England besides 20000 l. a Month pretended for Ireland but I believe little of it slips through their sanctified fingers to go thither And now to shew they can use double dealing against the Ungodly they would double the summ from 80000 l. to 160000 l. a Month this is to break our hearts with property and make them take what impressions of slavery they please to set upon them this Conventicle of State will engross all the Coyn and Treasure of the Land into their own hands and then subdue us therewith and make us like slavish Aegyptians sell our selves and our Lands for Bread or money to buy Bread when that inseparable companion of a long warre Famine approcheth which their barbarous and illegall Sequestrations unstocking mens Farms and laying them wast will inevitably bring upon us they have more hope to subdue and lessen the number of their Opposites by famine and want then by the Sword in order to which they have destroyed the Trade of the City and undone multitudes of Trades-men who being disabled to pay their Taxes the Army cause all their Arrears to be leavied upon the City by a new Tax upon the rest of the Inhabitants and the Outlandlords and when Cromwell was told this would undo the City He answered It was no matter the more were undone the more would clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of Commons in farther prosecution of their said Design and to please their Masters of the Army passed printed and published in the form and style of a Statute this Paper following intituled An Act for the Abolishing the Kingly Office in England WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the Law the Crown cures al defects how can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdom or Dominions or either or any of them Be it therefore Enacted and Ordained and it is Enacted We have sworn faith and Allegâ—ance to K. Charls the First His lawfull Heirs and Successors and our Vow is recorded in Heaven from which no power on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are now Supreme as in imitation of the Pope to bring this Claus in practise Licet de jure non possumus tamen pro plenitudine potestatis nostra volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him are and be disabled to hold or enjoy the said Crown of England or Ireland All our Laws cut off by the non obstante of an eighth part of the House of Commons sitting under a force After almost 1000 years experience it is now found to be dangerous The English were never one half-quarter so much enslaved since William the Conquerour subdued them as they have been since Oliver the Brewer subjugated them and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honours Manors Lands Tenements possessions and Hereditaments belonging or appertaining to the said Crown of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwal or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publike interest of the people and that for the most part use hath been made of the Regal power and prerogative to oppress impoverish and enslave the Subject and that usually and naturally any one person in such power makes
their Wives Children Families and Posterity to venture their lives and all they have to make opposition against this the greatest mischief that ever was attempted the greatest Treason that ever was committed against the liberties of the People and not to stand any longer in a mix-maze between hope and feare for if this designe take place your great Officers and their Confederates in Parliament and Councel of State will be as so many Kings Princes and Lords and your selves and all the people their Slaves and Vassals Therefore keep every man his place and post and stir not but immediately chuse you a Councel of Agitators once more to judge of these things without which we shall never see a new Parliament or ever be quit of these intolerable burdens oppressions and cruelties by which the people are like to be beggered and destroyed About this time Master Robert Lockier 151. M. Lockier condemned by a Councel of Warr with his honourable death and burial and Lilburns Letter to the General and five or six other Troopers of Captaine Savages Troop were condemned for a supposed mutiny in behalf of whom Lieut. C. John Lilburne writ this Letter following to the General dated 27. April 1649. May it please your Excellency WE have not yet forgot your Solemne Engagement of June 5. 1647. wherby the Armies Continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement And if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to another and the Ligaments and Bonds of the First were Dissolved and gave place to the Second and under and from the head of their first Station viz By the Will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army For the deniall of the Authority is an Abrogation and Nullment of all Acts Orders or Ordinances by that Authority as to them And upon this Account your Excellency with the Army long proceeded upon the Constitution of a new Councel and Government contrary to all Martial Law and Discipline by whom only the Army engaged to be Ordered in their prosecution of the Ends to wit Their several Rights both as Souldiers and Commoners for which they associated Declaring Agreeing and Promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-wealth as should be agreed unto by their Councel of Agitators And by vertue and under colour of this Establishment all the Extraordinary Actions by your Excellency your Officers and the Army have past Your refusal to disband disputing the Orders of Parliament Impeachment and Ejection of Eleven Members your first and second march up to London your late violent Exclusion of the major part of Members out of the House and their Imprisonment without cause c. which can no way be justified from the guilt of the highest Treason but in the accomplishment of a righteous end viz. The enjoyment of the benefit of our Lawes and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other free people and principally your cruell Exercise of Martial Law even to the Sentence and Execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not onely so but against others not of the Army we cannot but look upon your defection and Apostacy in such dealings as of most dangerous Consequence to all the Laws and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of Iune 5. 1647. which with your Excellency in point of duty ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Iustice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us and particularly against the Tryall of the Souldiers of Captaine Savages Troop yesterday by a Court Martial upon the Articles of Warre and sentencing of two of them to death and for no other end as we understand but for some dispute about their Pay And the reason of this our Protestation is from the Petition of Right made in the third yeare of the late King which declareth That no person ought to be judged by Law Martial except in times of Warre And that all Commissions given to execute Martial Law in time of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then Commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which Petition of Right this present Parliament in their late Declarations of the 9. of February and the 17. of March 1648. commend as the most excellentest Law in England and there promise to preserve inviolably it and all other the Fundamental Lawes and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident therunto And the Exercise of Martial Law in Ireland in time of Peace was one of the chiefest Articles for which the E. of Strafford lost his Head The same by this present Parl. being judged High Treason And the Parliament it self neither by Act nor Ordinance can justly or warrantably destroy the Fundamental Liberties and Principles of the Common Law of England It being a Maxim in Law and Reason both that all such Acts and Ordinances are ipso facto null and void in Law and binds not all but ought to be resisted and stood against to the death And if the Supreme Authority may not presume to do this much lesse may You or Your Officers presume thereupon For where Remedy may be had by an ordinary course in Law the Party greived shall never have his recourse to extraordinaries Whence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Justice according to the Lawes and Statutes of the Realme in the times of Peace as now it is and the extraordinary way by Courts Martial in no wise to be used Yea the Parliaments Oracle Sir Edward Cooke Declares in the third part of his Institutes Chap. of Murder That for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martial Law it is absolute murder in that General c. Therfore erecting of Martial Law now when all Courts of justice are open and stopping the free current of Law which sufficiently provides for the punishment
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
That the House is content the farther consideration thereof as to him be laid aside and shall not at any time hereafter be called in question So exit Monck and the Play was done wherein take notice of these following Observations 1. The Armies Doctrine See the Answer of the Councel of Officers to the Parliaments Demand concerning their secured Members And their Answer thereunto and use of apprehended necessity and good intentions to justifie evil actions approved of by this example of the Parliament as they will be called 2. This Agreement though it were at least twelve Weeks ago publickly known in England and divulged in their own Licensed News-books was never scrupled until now That 1. the said Agreement was expired 2. That O Neale was so beaten by the Lord Inchiquine that he is as their own News-books say inconsiderable and must suddenly joyn with the Marquesse of Ormond or be destroyed 3. That these Votes call this * Let me not seem over-bold in maintaining a different opinion since Parliaments are no more infallible than Popes and all humane opinions are equal unless Reason make the difference I hope we have not lost our Reason with our Lawes and Liberties nor the exercise and use of it Agreement but a Treaty and Cessatiâ—n of Arms which I affirm to be a League Defensive and Offensive against Ormond Inchiquine and all that do and shall uphold Monarchy if not Protestancy too for these Reasons 1. Article second saith That upon all occasions both Parties be ready with their Forces to assist one another until a more absolute Agreement be made and condiscended unto by the Parliament of England This is beyond a Cessation 2. Article third saith That the Creaghts of Ulster residing within the Quarters of Col. Monck shall pay Contribution to General Owen Oneale This is a Concession of a great latitude far beyond the authority of any subordinate Commander or General and against the Lawes and Liberties of the Land to grant Taxes It should seem by this that Oneale and his Army were become Mercenaries taken into pay by Monck 3. Article fourth saith That if General Owen Oneale shall happen to fight against the Forces under the Command of the Marquesse of Ormond the Lord Inchiquine or any other Enemies of the Parliament of England and thereby spâ—nd his Ammunition if he be near unto my Quarters and be distressed for want of Ammunition I shall then furnish him This was actually performed when my Lord Inchequine Besieged Dundalke I make the same interpretation of this Article that I have made of the third 4. The fifth Article alloweth to Oneale the use of any Harbours within Col. Moncks liberty which likewise is too much fot a bare Cessation or Truce 4. Who can believe that any subordinate Officer commissionated to prosecute a War against Owen Roe and the rest in Arms in that Kingdom should dare to Treat and conclude an Agreement and conjunction with that very Enemy he had Commission to fight against without the knowledge and directions publique or private of those from or under whom he hath his Authority and should be so bold when he had done to come over and justifie his said doings notwithstanding they proved unprosperous Col. Monck being so much a Souldier as to know That all the world over to exceed the bounds of his Commission much more to act against his Commission as in this case is assured death without mercy both by the Law Martial without which Military Discipline will perish and by the Lawes of hur Land See the said Letter printed at the latter end of a Relation of the securing and secluding of the Members by the Army 5. Wherefore was Sir John Winter and Sir Kenelm Digby sent for over as was foretold by an intercepted Letter whereof of I have formerly spoken and O Realy the Popes Irish Agent and another Agent from Owen Roe O Neal privately entertained in England as I have formerly hinted but to drive on Treaties and Associations of this nature insomuch that long since it was whispered amongst Cromwels party in England to uphold their spirits That upon his shewing himself in Arms in Ireland Ormonds Catholick Irish party would all forsake him and go over to O Neal who maintained the Popes Interest in that Kingdome Nota. The aforesaid paper prinred by Authority and stiled The true State of the Transactions c. besides the said Articles of Cessation setteth down other Articles called The Propositions of General Owen O Neale the Lords Gentry and Commons of the confederate Catholicks of VLSTER To the most High and most Honourable The PARLIAMENT of ENGLAND 1. INprimis That such as are already joyned or shall within the space of three Months joyn with General Owen O Neale Within the space of three Months is not in the said Copy printed at Cork in the service of the Parliament of England in this Kingdome as well Clergy as others may have all Laws and Penalties against their Religion and its Professors taken off by Act of Parliament and that Act to extend to the said parties their Heirs and Successors for ever while they Loyally serve the Parliament of England 2. The said General O Neale desireth an Act of Oblivion to be passed to extend to all and every of his party for all things done since the beginning of the Year 1641. 3. They desire that General Owen O Neal be provided with a competent Command in the Army befitting his worth and quality 4. They desire that they may enjoy all the Lands that were or ought to be in their or their Ancestors possession 5. That all incapacity inability and distrust hitherto by Act of State or otherwise against the said party be taken off 6. That on both sides all jealousies hate and aversion be laid aside Vnity Love and Amity be renewed and practised between both parties 7. That General Owen O Neale may be restored and put in possession of his Ancestors Estates or some Estates equivalent to it in the Counties of Tyrone Ardmarch or Londondery in regard of his merit and the good service that he shall perform in the Parliament of Englands Service in the preservation of their Interest in this Kingdome 8. That the Army belonging to General Owen O Neale and his party be provided for in all points as the rest of the Army shall be 9. That the said party be provided with and possessed of a convenient Sea-port in the Province of Ulster I do upon receiving a confirmation of these Propositions forthwith undertake and promise in behalf of my self and the whole party under my Command faithfully and firmly adhere to the State of the Parliament of England in this Kingdome and maintain their Interest hereafter with the hazard of our lives and fortunes In witness whereof I have hereunto put my Hand and Seal this 8. day of May An. Dom. 1649. Signed Owen O Neale Thus far the said paper stiled The true State c.
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a month before He dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn by this Dray-man This fellow sitteth frequently at the Sessions house in the Old Bayly where the weight of his Slings turneth the scale of Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and haste to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannical Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they took upon them the Supreme Authority of the Nation subverted our well-mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them 1. A Collusive Accommodation as many of the Secured and Secluded Members Ministers and other Presbyterians as they could to the end that ex post facto being guilty of their sins they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivals but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endeavour was how to diminish the number of their Opposites 2. An intended Massacre Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Poniards were provided last Winter 1649. But fame prevented this plot which coming to be the common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no less bloody then and as effectual as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act 2 Jan. 1649. 3. The Engagement To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty than To be totally deprived of all Benefit of Law whatsoever Now the Lawes of the Land being the only Conservators of our Lives Liberties and Estates without which Lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and injustice and our Lives and Persons to wounds and murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-Engagers and to pay themselves their Arreares of which these Parliamennt men have cousened them out of their Estates and though the Souldiers were not so wicked as their Masters yet we daily see many good Families in England despoiled of their Estates for want of protection of the Lawes brought to miserable beggery rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known Law of this Land which this Parliament hath declared to observe and keep in all things concerning the lives liberties and properties of the people with all things incident thereto contrary to this Parliaments reiterated Votes that they would not change the Ancient Government by a King Lords and Commons And contrary to the Oathes of Allegiance Obedience and Supremacy whereby and by the Stat. of Recognition 1 Jac. our Allegiance is tied onely to the King his Heirs and lawful Suceessors from which no power on earth can absolve us and so much we attest in the Oath of Supremacy Politicus Interpreter to our new State-puppet play Numb 19. from Sept. 19. to Sept. 26. out of the dictates of his Masters tells us that in Answer to the Kings Act of oblivion granted the Parliament intends to pass an Act of General pardon for which they expect in future a General obedience and submission to the Government you see though they will not be the Kings subjects they will be his Apes and in the beginning of the said Pamphlet Politicus saith That Protection implies obedience otherwise they may be handled as publick Enemies and Out-laws and ought to be destroyed as Traitors Here you have the end to which this general pardon is intended it is but a shooing-horn to draw on the utmost penalty upon Non-engagers appointed by the said pretended Act 2. Jan. 1649. to weed them out of this good Land that the Saints only may enjoy the earth and the fulness thereof to which purpose all their new coyned Acts and Laws are directed The Scripture points forth these kind of men when it saith The Mercies of the wicked are cruel The sum of all is If we will not acknowledge Allegiance to these Mushromes we shall be Traitors without Allegiance a Treason never yet heard of in any Law If we will acknowledge Allegiance we put our selves in a capacity to be Traitors when they shall please to make us such But let them know That we are all Englishmen Free-born alike under the protection of an ancient legal Monarchy to which we owe Allegeance and how we come to forfeit that legal Protection our setled Laws and Government and be subjected to a New unknown protection obtruded upon us by a company of upstarts Mushromes of Majesty so mean in birth and breeding for the most part that the place of a Constable equalls the highest of their education imposing what Laws and conditions upon us they please I would be glad to hear without being hindred by Guns Drums High Courts of Justice and other Instruments of Violence and Murther But the greatest Mystery in this cheat is That our Self-created Supremists having voted the original power to be in the people and but a derivative Authority to be in themselves as the Representative of the people should notwithstanding so yoak their Sovereign Lord the people and make them pay Allegiance to their own Delegates the eighth part of a House of Commons under the penalty unless they subscribe as the far major part have not of out-lawing and depriving all the people of this Land of all benefit of the Laws they were born to and consequently of annihilating and making them no longer a Nation or people As if they were meer Salvages newly conquered collected and formed into a politick body or Commonwealth and endowed with Laws newly invented by the Novice Statists But the unlawfulness of the said Engagement with the
Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be out-lawed or exiled or any other ways destroyed Nor we shall not pass upon him but by a lawful Iudgment of his Peers or by the Law of the Land 2. We shall sell to no man nor deferr to any man Iustice or Right By the Stat. 42. Ed. III chap III. The Great Charter is commanded to be kept in all points and it is enacted That if any Stat. be made to the contrary That shall be holden for none By the Act 26 March 1650. entituled An Act for establishing An High Court of Iustice Power is given to this Court To Try Condemn and cause execution of death to be done upon the Freemen of England according as the Major number of any 12. of the Members thereof shall judge to appertain to Justice And therupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Justice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap of Magna Charta it had bin also enacted That Iustice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3. Car. upon premising That contrary to the Great Charter Trials and Executions had bin had and done against the Subjects by Commissions Martial c. it was therby prayed and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent hereupon Humbly observeth and affirmeth That this Court is though under a dâ—fferent stile in nature and in the Proceedings therby directed the same with a Commission Martial The Freemen thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courts of Commissioners Martiall was practised and was agreeable to their constitution And consequently against the Petition of Right in which he and all the Freemen of England if it be granted there be any such hath and have Right and Interest he humbly claimes his right accordingly By the Declarations of this Parliament Dec. and Jan. 17. 1641. The benefit of the Laws and the ordinary course of Justice are the Subjects Birthright By the Declaration 12. July 6. 1. Octob. 1642. The Prosecution of the Laws and due administration of Iustice are owned to be the justifying cause of the War and the end of the Parliaments affaires managed by their Swords and Counsels and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Justice in the ordinary Courts By the Ordinance or Votes of Non-addresses Jan. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Iustice in the ordinary Courts thereof * * Th y forget the 2. Declarations 9. Febr. 17. March 1648. And therfore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the publique Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by vertue of Magna Charta The Petition of Right and the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Justice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shall be Necessary In all humblenesse for the present Answer offereth to this Honourable Court. That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in case of Treason For that 1. The said Court is not constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon the Record and but upon Record cannot at all have that account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought until Acquital against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by Presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 49. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darlâ—is Case 4. Rep. 43. EliZ. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. IV. chap. 1. Diers Reports fol. 121. The year book of Eâ—â— IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are therby punishable the injured and betrayed not vindicable Which are defects incompatible with a Court of Iustice and inconsistent with Iustice it self and the honor of a Christian Nation and Common wealth 2. The Members of this Court are by the said Act directed to be sworn 1. Not in conspectu populi For the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and
knowledge execute the severall powers given you by this Act. 1. If the Court be Triers and Iudges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as triers in the sight of the Freeman who shall be upon his Triall 2. And that as Iustices of Oyer and Terminer They being authorized to hear and determine by the words of the Act. They should take an oath such as is usual and equal set down E. III. Viz. You shall swear that well and lawfull you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemans life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust of Peace fol. 13. the words are I A. B. do swear that I will do equall Right c. according to my best wit canning and power after the Laws and Customes of the Land and the Statutes therof made c. 4. If the Court will be Iudges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signal difference with the verdict of a Iury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. Marh 1650. is not broken literally as to be exactable by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And prayes this his 2 Answer may be received with the Salvo's and registred Eusebius Andrews The third Answer of Coll. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and liberty of making further Answer if it shall be necessary in all humblenesse for present Answer offereth to this Honourable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peers men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peers c. 1. That it is his Right to be tried only so appears by Magna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erroneous So that if the Laws and Courts were not obstructed in the cases of some sort of Freemen of England the whole Proceedings contrary to these Laws without a Jury of his Peers were avoidable and reversible by Writ of Errour as appears by the Presidents vouched in the Respondents second Answer 3. That it is in the Courts power To try the Freeman consequently the Respondent by a Iury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is Authorised To hear and determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their natural constitution and practical execution do proceed against Freemen according to Law by a Iury of their Peers and not otherwise 2. Authorised to proceed to Trial condemnation and execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Iudgment it self To the Opinion of the major part of 12. and if they shall think fit to try by a Iury it will be no offence against the Act there being no Prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trials to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2 Seeing hearing and counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title challenge fol. 150. To challenge 35. without Reason shewed and with Reason shewn without Number adjudged 32. Hen. VI. in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Jac. Sir Walter Rawleigh and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163 164. Stat. 1. and 2. of Phil and Mary Chap 10 11. 1 Ed. VI. chap. 12. Cookes 3 Instit pag. 12. upon the words in the St. 25. Ed. III. chap 2. Provablement atteint Because the punishment was heavy the proof must be punctual and not upon Presumptions or Inferences or Streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the St. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Iury passeth from all or not at all in this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or Enditement 4. A Verdict passeth from a Iury before discharged upon their Affairs of business or supplies of Nature to prevent corruption by mony or power In this way of Trial a man may be heard to day and a Sentence given at leisure when the power and will of those by whom the Freeman
is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Trial of this Respondent he claims the benefit of Trial per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over-ruled And prayes that this his Answer and Salvos may be accepted and registred Eusebius Andrews WHereas mention hath bin made in several printed Books that John Fowke Alderman was one of those persons that did actually sit as Judges upon the Trial of his Majesty with the Councel and Attendants of the Court. And was in the number of the Judges at the Kings sentence of death These are to give notice to all men that the same is most false and scandalous as will many wayes appear And in particular by the Certificate of Henry Scobell Clerk of the Parliament in these words following ViZ. IN a Book Ordered by the Parliament to be kept among the Records of the Parliament read in the House the 11. of December 1640. and Entituled A Journal of the Proceedings of the High Court of Justice erected by Act of the Commons of England Entituled An Act of the Commons of England in Parliament Assembled for Erecting of an High Court of Justice for the trying and judging of Charles Stewart King of England In which Books are set down the Names of the Commissioners appearing each day in Court Having diligently searched the same the name of John Fowke Alderman of London is not therein mentioned as being present with the Commissioners at any meeting upon the said Trial either publike or private March 28. 1660. Henry Scobell Clerk of the Parliament THE HISTORY OF Independency The Fourth and last Part. Continued from the Death of his late MAIESTY King CHARLS the First of happy Memory till the deaths of the chief of that Juncto By T. M. Esquire a Lover of his King and Country Cicero Epist Lib. 2. Ep. 3. Civem mehercule non puto esse qui temporibus his ridere possit Id. Lib. 5. Ep. 12. Habet autem praeteriti doloris secura recordatio delectationem LONDON Printed for H. Brome at the Gun in Ivie-Lane and H. Marsh at the Princes Arms in Chancery-Lane 1660. TO THE SACRED MAJESTY OF Great BRITTAINS MONARCH The Triumphant Son of a most Glorious Father who was in all things More than Conquerour The Illustrious ofspring of a Royal Traine of ANTIENT PRINCES CHARLES The second of that Name Entituled PIOUS By the sole Providence of an Almighty hand of England Scotland France and Ireland King Defender of the Faith Restorer of the English Church unto its Pristine State and Glory Patron of Law and Liberty Not to be Seconded by any but himself Who is the best of Kings And of all Vertue to the World THE GRAND EXEMPLAR Most Dread Soveraign IT is neither arrogance nor ambition that makes me thus boldly to intrude into your presence for I know so great a Sun will quickly dazle my weak eyes but because the former parts were honoured with your royal Fathers name this therefore hopes to be sheltered under your Princely wing this but concluding what they begun and making you the happy repayrer of those Breaches which that powerfull and restless faction of Independency made on the Regalia of England that posterity may as well see in this their felicity by you in the ruine of that faction as formerly they read their own misery in the Treasonable actings thereof against his late Majesty of ever glorious memory I have no more but only to pray that you may in this World be blessed with the wisdom and happynesse of Solomon a peaceable long and all glorious Reign the age of Methuselah wherein you may enjoy the full contents of a most happy life and at last full of honour and dayes arrive to the perfect fruition of a more glorious Kingdom in Gods presence before whom is fullness of joy and at his right hand pleasures for evermore 29. Oct. 1660. This from his soul is the daily prayer of Your Majesties most faithfull subject and Servant T. M. To the Nobility Gentry Clergy and Commons of ENGLAND IT is I think more out of custome than necessity that I do at this time premise any thing the Subject whereof we treat having been fatally felt by most of the Nation in some way or other yet is it necessary that the history of such turgencies in the State should be communicated that posterity may hereafter see in their rise and fall the certain punishment of Treason though for a time guarded and upheld by armed violence and the highest policies of a subtle malice It is said of the Epicureans that though they acknowledged no providence nor any immortality of the soul and proposed pleasure as the only end of their lives yet they maintained most of them that they that were lovers of pleasure must of necessity be lovers of Justice and that without virtue it was not possible for men to live in true pleasure So as it was said of the Stoicks who were for the most part notable hypocrites that they spoke good things and did foul actions but that the Epicureans spoke and taught things that seemed foul and shamefull but did that which was fair and honest Certenly these two sects of Phylosophers might be the very parallel of our late times wherein our Stoicall Grandees could speak nothing but holiness where the practice of their lives was a continued series of horrid Treasons while a litle innocent mirth and freeness of speech was the greatest that lay or indeed could be cast upon integrity of their despised Antagonists so that we might see Cucullus non fecit Monarchum It had been well for England if the sad occasions of writing this history of the times had never happened but they have been And as our Saviour saith Offences must come but wo be to them by whom they come so then to declare the actings and their method and manner is but so to lay them open that they may for the future be the better avoided and prevented The knowledg of all persons the meaning of all matters Voss de sâ—ri Agâ— de art histor and the depth of all secrets is lockt up in history according to that of Vossius alluding to that of the Roman Poet Qui quid sit turpe aut pulchrum quid utile quid non Plenius melius Chrysyppo Crantore dixit And this I dare promise you in the ensuing Manual without too violent reflections to widen differences all the observations arising as naturally from the relations as suteable words do fitly supply the ready tongue of a Learned Oratour It is the general happinesse at this present that we can read the downfall of faction and rejoyce in the glory of restored Majesty with safety and content
Churchman Dr. Hewit Dr. Hewits death for the slaughter and conscious to himself that they had done nothing contrary to the law of the land he durst not try them by a Jury but re-erects his monstrous high Court of Justice before which being brought they denyed the authority thereof as unwarrantable which so wrought upon the patience of Mr. Lisle their bloodily learned President and the rest of the gange that they according as they were fore-instructed by their Master Divell Oliver without any great matter of circumstance condemne them both to be beheaded which sentence was accordingly executed on them the 8th Day of June at Towerhill notwithstanding all the means their friends could use of engagements perswasions and money and the deep earnest and continued intreaties sollicitations and supplications of Mrs. Claypoole his best beloved daughter Mrs. Clapooles death for so inexorable he continued that like the deaf adder he stopped his ears to the charmer charme he never so wisely at which unheard of cruelty and for that Dr. Hewits Lady as is said was then with child Mrs. Claypoole took such excessive grief that she suddenly fell sick the increase of her sickness making her rave in a most lamentable manner calling out against her Father for Hewits blood and the like the violence of which extravagant passions working upon the great weakness of her body carried her into another World even at the heighest thereof No sooner did Cromwell receive the deplorable newes of this sad death of his Daughter but himself falls into a desperate melancholly which never left him till his Death which was not long after Observe Give me leave here to relate a passage which I received from a Person of Quality Viz. It was believed and that not without some good cause that Cromwell the same morning that he defeated the Kings Army at Worcester Fight had conference personally with the Divell with whom he made a contract that to have his will then and in all things else for seven years after from that time being the Third of September 1651. he should at the expiration of the said years have him at his command to do at his pleasure both with his soul and body Now if any one will please to reckon from the third of September 1651. till the Third of September Cromwels death 1558. he shall find it to a Day just seven years and no more at the end whereof he dyed but with such extremity of tempestuous weather that was by all men judged to be prodigious neither indeed was his end more miserable for he dyed mad and despairing than he hath left his name infamous this was the end of our English Nero and thus having laid the best foundations his short and troublesome Reign would give leave to have continued his posterity in the same unlimited Dominion at his death si ulla fides viris qui castra sequuntur declaring his eldest Son Richard his successour in his Usurpation Leaving his Son Henry Lord Lieutenant of Ireland and his Daughter Fleetwood married to the Commander in chief of the Army under himself and the only Man suspected for a Competitour in the Protectorship for Lambert had been laid aside long before as a person of too dangerous and aspiring principles to be trusted Richard Cromwell Protector Richard Cromwell p esently ascends the Throne being but a private Gentleman of Hampshire invited thereunto and incouraged by Fleetwood Desborow Sydenham the two Jones Thurloe and others the relations and confidents of his Father His first work is to take care for his Fathers Funerall his corps being shortly after interred among the Kings and Queens at Westminster at a farr * 29000 l. greater charge than had been used upon like occasions in the richest times death giving him that honour which he aspired to but durst not embrace in his life time which solemity â—ast by the contrivance of the new Courtiers congratulations are sent prepared at Whitehall from most of the Counties Citties chief Townes of England And from the Armies of England Scotland Ireland with engagements to live and dye with him Addresses from the Independent Churches by Mr. Goodwine and Nye their Metropolitans and was indeed worshipped by many as the rising Sun in our Horizon This Introduction being made for transferring the Government of these Nations from the Royal family of the Stewarts to that upstart of the Cromwells it was thought fit that a generall Convention Diâ—ks Parliament now model ed. after the manner of a Parliament wisely chosen by influences from Whitehall should be called to meet the twenty seventh of January and upon pretence of restoring the people to their antient way of Elections but reall that the Court might command the more votes the Burroughs also had writs sent to them and the Elections were all made in the antient way only thirty memberâ— were called by writs from Scotland and as many from Ireland according to the late combination of the three Nations into one Common-wealth This new kind of Parliament being met at the time and place appointed God who had so well ordered the Elections notwithstanding the practices of Men that their English Spirit quickly appeared against Impositions both from Court and Army Act of Recognition which being discerned by the Protector and his Grandees a Recognition is sent to them to be drawn into a bill the debate whereof taking up a whole fourtnights time and they still remaining in a great streight till by the expedient of an honest Gentleman they were extricated thence by passing these votes on Munday the 14th of February 1658. without any division or negative Resolved that it be part of this Bill to Recognize and declare his Highnesse Richard Lord Protector and chiefe Magistrate of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging Resolved that before this Bill be committed the House do declare such additionall clauses to be part of this Bill as may bound the power of the chief Magistrate and fully secure the Rights and Priviledges of Parliament and the Liberties and Rights of the People and that neither this nor any other previous vote that is or shall be passed in order to this Bill shall be of force or binding to the People till the whole Bill be passed Committee of inspection This done a Committee of Inspections is appointed to take a view of the accounts and revenue of the Common-wealth twelve Members versed in matters of account were selected and fully impowered for that work in order to the lessening the charge of the Common-wealth On Saturday the 19th of February they re-assumed the debate upon the Act of Recognition and resolved That it be part of the bill to declare the Parliament to consist of two houses Parl. to consist of two houses after which they fell upon the point of bounding the chiefe Magistrates power and the bounds and powers of the
venit sed certa venit All their hypocriticall shewes cannot cheat God who raiseth up the Spirit of one among themselves to chastise the errours of their pride and vain glorious attempts for no sooner is that Infernall crew of Atheists met in their Committee but they are alarumed with a letter from General Monck out of Scotland wherein he gives them notice that both himself and some Officers of the Army in Scotland Monck dissatisfied with their proceedings were much dissatisfied in reference to the transactions of affairs in England at the same time receiving intelligence that he had seized severall strong holds secured diverse of his dissenting Officers and possessed himself of Barwick Seizeth Barwick which drove them for a time into a kind of Phanatick stupidity that they knew not which way to move in the management of their affairs but at last willing to preserve themselves they order the forces in the North into a posture and command Lambert with more Regiments out of the Southerly parts to joyn with them that so they might appear formidable at least at a distance and put a stay to the violence which they foresaw was approaching to them for the prevention of which storm Col. Cobbet is sent to General Monck with insinuating relations Lambert marcheth against him whom the Generall immediately upon his arrivall commits to custody thereby preserving his Army from the dangerous contrivances that Person brought along with him and depriving of the intelligence he might have carried to England back with him which being done by the power of his Commission as one of the seven he straight new models his Army according to his own mind and then declares his resolution to assert the authority of Parliament against all violence whatsoever Upon newes of this our safe Committeemen knowing the pulse of the late Juncto to beat after the mode of a free-state think they shall merit highly at the hands of the General if they promote that though they disown the Parliament he pretended to declare for and to that purpose having nominated severall Gallant fellowes of their own number Viz. Fleetwood Vane Ludlow Saloway Tichburn Lambert Desborow Hewsen Holland and others to consider of and prepare a form of Government to be setled over the three Nations Safe Committee for a free-state in the way of a Free-State and Common-wealth they send away Whalley Goffe Caryl and Barker to shew the same to General Monck and thereupon to mediate with him for avoiding the effusion of blood the Officers at London writing also to his Officers and expostulating with them touching the necessity of a brotherly union crying out of nothing but Liberty while the Nation groan'd under their oppression But Monck revolving with himself both the greatness difficulty and hazard of his design concludes not to be rash in a direct quarrel but rather by procrastinations to weaken the force of his enemies which he knew could not continue long without money and so to gain the victory without striking a blow therefore to amuse them and cast the more seeming gloss upon his action he orders Col. Talbot Monck desires a treaty and Dr. Clargies who were the first messengers sent to him to send Fleetwood word that himself and his Officers had nominated Col. Wilkes L. C. Cloberry and Major Knight to repair speedily to London and treat with the like number of Officers there for a firm unity and peace and the better to confirm it he sends another Letter from himself to the same purpose with promise that his forces should advance no further But the Committee of safety willing by strenth to hold what they had got and not knowing what to think of the Generall issue out many severall Commissions to raise forces throughout all England to anticipate him and to settle Militia's to be ready in a moment Militia setled as it were to resist him which he hearing and that Lambert was coming against him with thirteen thousand men he according to his before mentioned Letter forthwith sends his three appointed messengers for peace upon whose arrivall at Yorke in November and speech with Lambert he became so farr satisfied of their intentions towards an Accommodation that thereupon he gave order his forces should advance no further Northward in their march Things being brought now into this posture The treaty begun the Generalls three Commissioners arrive at London November the 12th where the Treaty is immediately begun which lulled the Committee of safety into such a security that they begin to think of shareing great Offices and places of trust and profit among themselves to this end appointing Fleetwood Desborow Sydenham Saloway Cornelius Holland Col. Clark Col. John Blackwell or any two of them to be Commissioners for the Treasury and to manage the affaris of the publick revenue with power as large as could be desired And would it not be well managed think you in the hands of such bankrupts but while these men mind their own wealth only the Treaty must not be forgotten which was now in hand and on a sudden brought to such an issue that it startled the City who had by Col. Alured and Collonel Markham received Letters from Scotland of another purport for at last the Commissioners on both sides agreed on these heads ensuing that is to say The articles of the Treaty That the pretended Title of CHARLES STUART or any other claiming from that family should be utterly renounced O horrid Treason first murder the Father and then abjure the Son That the Government of these Nations shall be by a free State or Common-wealth and not by a single person King or house of Lords What must the new settlement utterly abolish all the old fundamentall Laws of England at one breath Your Precipitation bodes your ruine That a Godly and learned Ministery shall be maintained and encouraged 'T is well the Generalls Men thought of it for you may be assured it is against the principle of Anabaptists and fifth-Monarchy Men That the Universities shall be reformed and countenanced so as that they may become Nurseries of Piety and Learning That the Officers and Souldiers and other persons on either side be indemnified for what is past touching their late difference and that all unkindness betwixt them be buried in perpetuall Oblivion pray take care of that but it may be supposed you shall be the furthest off when you think your self neerest That the Officers which were made prisoners in Scotland be forthwith set at liberty How will the Generall like that That the Armies be presently disposed into quarters and that there be a committee of nineteen whereof nine to make the Quorum who were to meet about qualifications for succeeding Parliaments This was the effect of part of the agreement which was sent away with all speed to Generall Monck upon knowledge whereof and by reason the conclusions of the said Treaty were so contrary to the Letters by them formerly
he supposed would be a full and a free Parliament upon whose resolves as himself so he doubted not but the whole Nation would acquiesce he told them the house was open for them to enter and prayed for their good success The secluded members being thus admitted How they begin and wherein proceed fall immediately to work where they were abruptly forced to break of in December 1648. Confirming their Vote made then by another now that the concessions of the late King were a sufficient ground to proceed on for setling the peace of the Kingdom hereby not only vindicating themselves but as it were at once disanulling all that had been done as dissonant thereto during the whole time of their recess This began to infuse a new spirit of life into the Kingdom in whom at this springing season of the year began a new to bud and peep out the bloomes of a too long frost-nipped loyalty so that one now might have seen what twenty years before could never shew countenances that lately were dejected through the cruell tyranny of their Aegipitian task masters now gather cheerfull looks and like fresh blown roses yield a fragant savour The Parliament thus sitting freely vote his Excellency Lord Generall of all the forces in England Scotland and Ireland by vertue of which Commission he disarmes all the Phanatick party both in City and Country the Parliament in the mean time providing to secure the Nation by two seasonable Acts the one of Assessment and the other of the Militia the last impowering and arming Gentlemen and Men of worth and power to stand up for their Liberties and Priviledges and put the Country into a posture of defence against all encroaching pretenders whatsoever and the former enabling them to raise moneyes which are the sineues of war for maintaining of the forces so raised to assert their and our rights Thus setling the ancient Government of the City and vacating the Phanatick power in the Country they commend the establishment of the Nation to a full and free Parliament to be called the 25th of Aprill 1660. Issuing out writs to that purpose in the name of the keepers of the Liberty of England by authority of Parliament and setling a Councell of State of most discreet and moderate men to whom the affairs of the three Nations in the intervall and untill the meeting of the Parliament on the aforesaid 25th of Aprill was committed who with much discretion managed their power to the satisfaction of all sober minded men and so saving to the house of Lords their rights notwithstanding the Commons were in this Juncture of time put upon necessity to act without them commending the Souldiery once more to his Excellency upon the sixteenth day of March in the year of our Lord 1659. a day worthy to be remembred they dissolved themselves Lorg P. legally ended and so at last put a legall period to that fatall long-Parliament which could not be dissolved by any but by it self And thus we see Independency laid in the dust and ready to give up the ghost and indeed not long after we shall see fully to expire the Prodromi of whose miserable end might be these and the like The Councel of State in this intervall of power The intervall with very great caution and wariness manage their affairs turning neither to the right hand nor to the left but keeping a direct course as knowing in medio ibunt tutissimi they set out a Proclamation against all disturbers of the peace under what pretence or name soever sparing none that in a time of such hopes durst either move a hand or tongue to work a disturbance taking care also that the order of the last Parliament touching elections should be duly and punctually observed as considering that the peace or ruine of the Nation would lye in their hands Elections for a new Parl. His Excellency the Lord Generall in this interregnum accepts of severall invitations and treatments in the City by several of the worthy companies yet still having an eye to the main he keeps close to his Officers who were not yet fully resolved and often confers with them in a more familiar manner than ordinary whereby he so wrought on them that at last he brought them to declare that they would acquiesce in the resolves of the approaching Parliament and indeed this was a shrewd forerunner of the fall of Independency as I said before whose only hope was builded on the averseness of these men to lawfull power which when they saw frustrated they might well depair yet endeavour once more to endeavour a confusion which being observed by the Councell and that a discontented Spirit possessed some of the old Officers and Grandees according to the power given them to that purpose they send for all suspected persons confining them unless they subscribed an engagement to demean themselves quietly and peaceably under the present Government and acquiesce submissively in the determination of the Parliament next ensuing which reasonable engagment Lambert and some others refusing were carefully confined to several prisons by which means the peace was wonderfully preserved but notwitstanding all this care such were the restless endeavours of that divellish faction that whether by the neglect or treachery of his keepers is not yet known Lambert gets out of prison cuningly who being a man of loose principles and desperate fortunes so encouraged the Phanatick party and stirred up their drooping Spirits that they began to threaten great matters and for perfecting their wicked design begin to gather to an head near Edg-hill which they hoped would prove to them an auspicious Omen for the beginning of a Second war but Heaven would no longer wink at such intollerable villanies for the sins of these Amorites were fully ripe for judgment so that they were discovered and quickly nipped in the bud Lambert and his accomplices being so eagerly pursued by Col. R. Ingoldsby that they were suddenly forc'd to scatter and shift for themselves by flight Taken and sent to the Tower neither was that so swift or secure but that Lambert was taken prisoner by the said Col. Ingoldsby and sent prisoner up to London at which time passing by Hide park on the twenty fourth of Ayril he saw all the City Regiments both of horse and foot Trayned Band and Auxiliaries complered armed and trayned and ready to hazard their Lives and Fortunes against all seditious and factious Traitors to their King and Country The news of this first appearance of armed loyalty being spred abroad into the Countreys The first loyal muster did so animate and encourage the old oppressed that casting off their fetters and fears together they begin to appear in their wonted guise and because they were by the Phanaticks traduced as men of blood and full of revenge not to be satisfied but with the utter ruine of their adversaries thereupon to undeceive the vulgar who might possibly have been misled by such
I leave you therefore to Pharaohs destiny to be drowned in your own Red sea as he was in his Thus far I adventured to vindicate our Religion Laws and Liberties with my pen Resolution scope of the Author in discharge of my Conscience and pursuance of our National Covenant which obligeth us to defend them against whosoever to our power neither knowing nor caring whether in so wicked an age wherein vice is honoured and vertue contemned I may be thought worthy of punishment for being more righteous than my superiors I know an honest man is wondred at like a monster and the innocency of his life and conversation suspected as a Libel against the State yet if I perish I perish pereundum in licitis nor am I less provided of a safe retreat than our Grandees my grave is open for me and one foot in it already Contempsit omnes ille qui mortem prius He that contemns Death scorns both Hope and Fear which are the only affections that make Knaves Fools and Cowards of all the World The world is a goodly Theater we are the actors God is Poet and chief spectator we must not choose our own parts that is at Gods appointment one man he appoints to play the King another the Begger one a Comick another a Tragick part whatsoever part God hath appointed for me in this remainder of my life I will have a care to personate it ingenuously and aptly not doubting but my Exit shall be accompanied with an applause into my Tyring-room my Tombe nor will I refuse the meanest part that may draw a plaudit from so excellent a spectator but will prepare my self for the worst of evills in this worst of times and pray to God to Reform our Reformers Amen THE END THE HISTORY OF INDEPENDENCY WITH The Rise Growth and Practices of that powerfull and restlesse FACTION D. AMBROSIUS Nec nobis ignominiosum est pati quod passus est Christus nec vobis gloriosum est facere quod fecit Judas TACIT Scelera sceleribus tuenda VIRGILIUS sua cuique Deus fit dira libido 1 St. JOHN c. 2. v. 16. Quicquid est in mundo est concupiscentia oculorum concupiscentia carnis aut superbia vitae LONDON Printed in the Year 1648. Reader GEntle or ungentle I write to all knowing that all have now got almost an equall share and interest in this Gallimaufry or Hotchpot which our Grandee Pseudo-Politicians with their negative and demolishing Councils have made both of Church and Commonwealth and therefore I write in a mixed stile in which I dare say there are some things fit to hold the judgements of the Gravest some things fit to catch the fancies of the Lightest and some things of a middle nature applying my self to all capacities as far as truth will permit because I fore-see the Catastrophe of this Tragedy is more likely to be consummated by multitude of hands than wisedome of heads I have been a curious observer and diligent inquirer after not only the Actions but the Counsels of these times and I here present the result of my indeavours to thee In a time of mis-apprehensions it is good to avoid mistakings and therefore I advise thee not to apply what I say to the Parliment or Army in generall if any phrase that hath dropped from my pen in hast for this is a work of hast seem to look asquint upon them No it is the Grandees the Junto-men the Hocas-Pocasses the state-Mountebanks with their Zanyes and Jack-puddings Committee-men Sequestrators Treasurers and Agitators under them that are here historified were the Parliament the major part whereof is in bondage to the minor part and their Janisaries and the Army freed from these usurping and engaged Grandees who betrayed the Honour and Priviledges of Parliament the Army to their own lusts both would stand right and be serviceable to the setling of a firm lasting Peace under the King upon our first Principles Religion Laws and Liberties which are now so far laid by that whosoever will not joyn with the Grandees in subverting them is termed a Malignant as heretofore he that would not adhere to the Parliament in supporting them was accounted so that the definition of a Malignant is turned the wrong side outward The body of the Parliament and Army in the midst of these distempers is yet healthy sound serviceable my endeavour is therefore to play the part of a friendly Physitian and preserve the body by purging peccant humors Were the Army under commanders and officers of better Principles who had not defiled their fingers with publick monies their consciences by complying with and cheating all interests King Parliament People City and Scots for their own private ends I should think that they carried the Sword of the Lord and of Gideon but clean contrary to the Image presented to Nebuchadnezzar in a dream the head and upper parts of this aggregate body are part of Clay part of Iron the lower parts of better metall I cannot reform I can but admonish God must be both the Aesculapius and Prometheus and amend all and though we receive never so many denials never so many repulses from him let us take heed how we vote even in the private corners of our hearts no Addresses no Applications to Him Let us take heed of multiplying sins against God lest he permit our Schismatical Grandees to multiply Armies and Forces upon us to war against Heaven as well as against our Religion Laws Liberties and Properties upon earth and keep us and our estates under the perpetual bondage of the Sword which hath been several ways attempted in the Houses these 2 last weeks both for the raising and keeping of a new Army of 30000. or 40000. men in the seven Northern Associate Counties upon established pay besides this Army in the South and also for the raising of men in each County of England and all to be engrossed into the hands of his Excellency and such Commanders and Officers as he shall set over them and this work may chance be carried on by the Grandees of Derby-house and the Army if not prevented for the Generall notwithstanding this power was denyed him in the House of Commons hath sent warrants into most Counties to raise Horse and Foot yea to that basenesse of Slavery hath our Generall and Army with their under-Tyrants the Grandees brought us that although themselves did heretofore set the rascality of the Kingdom on work in great multitudes especially the Schismaticall party to clamour upon the Parliament with scandalous Petitions and make peremptory demands to the Houses destructive to the Religion Laws Liberties and Properties of the Land and the very foundation of Parliaments to which they extorted what answers they pleased and got a generall vote That it was the undoubted right of the Subject to Petition and afterwards to acquiesce in the wisedome and justice of the two Houses Yet when upon 16 of May 1648. the whole County
the rest of the Propositions demanded without a Treaty The Bill for adjournment of both Houses to any other place c. 64. Bill for adjournment of the Parliament as well for Place as time will enable the engaged Party of the two Houses and Army to adjourn the two Houses from time to time to or near the Head-quarters of the Army where those Members that refuse to enter into the same Engagement shall neither sit with accommodation nor safety and so be shaken off at last this is a new way of purging the Houses Besides the Parliament following the motions of the Army the King shall follow the Parliament whereby the Army having both King and Parliament present with them whatsoever attempt shall be made against the Army shall be said to be against the safety and Authority of the King and Parliament and a legal Treason triable by Indictment not a constructive Treason only triable before the Lords Note this Message to the King plus significat quam loquitur though it holdeth forth but four Demands to open view yet it includes five for if the King passe these four Bils as Acts of Parliament either he must do it by his Personal Presence in the House of Peers or by His Commission under the Great Seal and so consequently must confirm the Parliaments Great Seal and all things done by it to the nullifying His own Great Seal at Oxford His personal presence they will not admit for though they pretended heretofore they toook up Arms to bring the King to his Parliament yet now they continue in Arms to keep Him from His Parliament lest the presence of the true Sun should obscure such Meteors and Ignes fatni as they are Though this may be Godly and Saint-like dealing yet it is not plain nor fair dealing latet anguis in herba there is Coloquintida nay death in the pot 65. The Kings answer debated Monday 3 Jan. the Kings Answer to the said Bils and Propositions was debated in the House of Commons And first Sir Thomas Wroth Jack-Pudding to Prideaux the Post-master had his cue to go high and feel the pulse of the House who spake to this purpose That Bedlam was appointed for madmen and Tophet for Kings that our Kings of late had carried themselves as if they were fit for no place but Bedlam that his humble motion should consist of three parts 1 To secure the King and keep him close in some inland Castle with sure guards 2 To draw up Articles of Impeachment against him 3 To lay him by and settle the Kingdom without him he cared not what form of Government they set up so it were not by Kings and Devils Ireton's speech Then Commissary Ireton seeming to speak the sense of the Army under the notion of many thousand Godly men who had ventured their lives to subdue their enemies said after this manner The King had denied safety and protection to his people by denying the four Bils that subjection to him was but in liers of his protection to his people this being denied they might well dâ—ny any more subjection to him and settle the Kingdom without him That it was now expected after so long patience they should shew their Resolution and not desert those valiant men who had engaged for them be ond all possibility of retreat and would never forsake the Parliament unless the Parliament forsook them first After some more debate when the House was ready for the question Cromwel's Speech Cromwel brought up the rear and giving an ample Character of the valour good affections and godliness of the Army argued That it was now expected the Parliament should govern and defend the Kingdom by their own power and resolutions and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardned That those men who had defended the Parliament from so many dangers with the expence of their Blood would defend them herein with fidelity and courage against all opposition Teach them not by neglecting your own and the Kingdoms safety in which their own is involved to think themselves betrayed and left hereafter to the rage and malice of an irreconcileable enemy whom they have subdued for your sake â—nd therefore are likely to finde His future Government of them insupportable and fuller of Revenge than Justice lest despaire teach them to seek their safety by some other means than adhering to you who will not stick to your selves and how destructive such a resolution in them will be to you all I tremble to think and leave you to judge Observe he laid his hand upon his Sword at the latter end of his speech that Sword that which by his side could not keep him from trembling when S. Philip Stapleton baffled him in the House of Commons This concluding Speech having something of menace in it was thought very prevalent with the House The first of the four questions being put 66. The 4 Bils for no addresses nor applications passed That the two Houses should make no more Addressâ—s nor Applications to the King the House of Commons was divided 141 yeas to 91 noes so it was carried in the Affirmative The other three Votes followed these Vote with facility See them in print Upon the last of these 4 Votes the House was divided and candles were Voted to be brought it only to tell the House yet contrary to the said Order when the candles were in they proceeded farther as followeth The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night 67. The Committee of Safety revived and then the doors were unlocked and what Members would suffered to go forth whereby many Presbyterians thinking the House had been upon rising departed when presently the House being grown thin the Vote to revive the Committee of both Kingdoms called the Committee of safety at Darby-house passed by Ordinance dated 3 Jan. 1647. in these words Resolved c. That the powers formerly granted by both Houses to the Committee of both Kingdoms viz. England and Scotland in relation to the two Kingdoms of England and Ireland be now granted and vested in the Members of both Houses onely that are of that Committee with power to them alone to put the same in execution The original Ordinance that first erected this Committee and to which this said Ordinance relates beareth date 7 February 1643. in which the English Committees were appointed from time to tiâ—e to propound to the Scotish Commissioners whatsoever they should receive in charge from both Houses and to â—ake report to both Houses to direct the managing of the War and to keep good correspondency with forein States and to receive directions from time to time from both Houses and to continue for three months and no longer But this Ordinance 3 January 1647. vests the said power in the Members thereof onely and alone words
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
Skippon when he had spoken any thing in the House prejudicial to the King or City about a Week after when the venom he hath spet hath wrought its effect and is past remedy usually complains in the House that his words are carried forth of the House and maliciously and falsly reported in the City to his disgrace and danger and repeating in a more mild and qualified way some part of what he had formerly said appealed to the House Whether that were not the full truth of his words When the House having forgotten his former words no man can and for fear of the envy and malice of a powerfull Faction no man will contradict him this is his way of Apologizing and clearing himself He hath got above 30000 l. in his purse besides 1000 l. a year land of Inheritance given him by the Parliament He hath secured his personal Estate beyond Sea and his Wife and Children and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City and is here amongst us but in the nature of a souldier of fortune Note that upon the said 15 day of July when the debate was for Voting the Scots that were come in Enemies c. the first question was put 106. D. Hamiltons Army Voted Enemies that all such Scots as are or shall come into England in hostile manner without consent of both Houses of the Parliament of England were Enemies c. but upon farther debate the words or shall were left out upon this Consideration that the Earl of Argyle might happily come into England with a Party and fall upon Duke Hamilton in the rear to divert him July the 20. The Speaker told the Commons 110. D. Hamilton's Letter and Decaration brought to the House that Major General Lambert had made stay of a Scottish Gentleman one Mr. Haly-barton who passed through his quarters with Letters from D. Hamilton to the two Houses and the King that he found about Mr. Haly-barton divers private Letters for the carrying of which he had publick on Authority and therefore Lambert made bold to seal those private Letters in a packet by themselves with his own seal and Mr. Haly-bartons That Lambert had sent up Mr. Haly-barton with one Lieut. Col. Osburn a Godly Scottish Gent. and another Keeper in nature of a Prisoner 111. L. Col. Osburn a fugitive Scot. This Osburn delivered that private packet to the Speaker so a Committee was named to peruse that private packet and Osburn was called into speak what he knew who delivered at the Bar that the Godly party in Scotland were oppressed and trodden under foot by Duke Hamilton's party that their very souls we afflicted at his proceedings that the Kirk of Scotland with one mouth proclaimed in their faces their engagement and proceeding thereupon to be damnable and destructive he desired the House not to look upon these proceedings as the Act of the Nation of Scotland since there were a great many Godly men who hoped the Lord would enable them in his good time to march into England with the Marquesse of Argyle and fall into the rear of Duke Hamilton with a diversion He reported the Scots that came in to be but 8000 Horse and Foot and Langdale but 2000. Then was read the Letters of D. Hamilton wherein He complaineth no answer had been given to the Parliament of Scotlands just desires of the 26 April last that by authority of the Scottish Parliament he was necessitated to come into England according to the Covenant and not without the invitation of divers wel-affected English who had taken the Covenant There was a Declaration inclosed in the Letters which the prevailing party obstructed the reading of yet the Lords having printed it they have since read it in the House and presently the question was put that all such English as have invited the Scots under D. Hamilton to come in hostile manner into England shall be declared Traytors and carried in the Affirmative I formerly told you that about 12 July Weaver moved that the Prince of Wales might be Voted a Traitor what they could not then carry with a fore-wind they now brought in again with a side wind but who doubts but the Prince invited in the Scots to the relief of his Father and himself oppressed and imprisoned contrary to the Solemn League and Covenant by a Rebellious Army and a schismatical party of both Houses engaged with the said Army And that the Scots are come in according to the Covenant only 112. A motion in the House of Commons to Bayl Rolf. A little before this time Tho. Scot Sir P. Wentworth Blackstone C. Harvy Hill the Lawyer and others pressed the House with much earnestness to Bayl Rolf committed Prisoner to the Gate-house upon the Complaint of Mr. Osburn for endeavouring to make away the KING uâ—ing many words in his commendation for his godliness and faithfulness and complaining of his hard usage in Prison where he lay amongst Rogues It was opposed by many because High Treason is not baylable by the Law neither is the House of Commons a Court of Judicature and therefore can neither Imprison nor Bayle any but their own Members At last Mr. Sam. Brown moved that a Committee might examine the businesse for matter of Fact and report to the House and then the House if they saw cause might Bayle him and bind over Master Osburn to prosecute him next term in the Kings-bench This motion took effect and great care was taken for the present that Rolf might have better entertainment in the Gate-house according to his quality having been not long since a Shoo-maker one of the Gentle-craft 113. The Speakers Warrant to search for the Foot-boy that beat Sir Hen. Mildmay About this time 2 Files of Musketiers by warrant from the Speaker of the House of Commons came in the dead time of the night to the Houses of Sir Paul Pynder and Alderman Langham pretending to search for the Foot-boy that beat Sir H. Mildmay They forced open the doors of Sir Pauls house and searched with great diligence but could not do the like at Alderman Langham's who being guilty of having some Money in his House durst not adventure to obey the Warrant and open his doors nor had he reason to do it his House by the Law being his Castle of Defence the privilege thereof not to be violated but in case of Felony or treason Compare the diligent prosecutions in the behalf of Sir Harry Mildmay with the slack and negligent proceedings in the behalf of the King and you will find a new practical Law contrary to the old known established Law that a trespasse against a Grandee though but a Subject is more than a treason against a King Fears and Iealousies arising from several Informations as that of Croply and Hyde called 114. Fears and jealousies cause the City to resume the power of their own Militia The Resolutions of
they been careful to save the materials for Posterity What these negative Statists will set up in the room of these ruined buildings doth not appear only I will say They have made the People thereby so curious and so arrogant that they will never find humility enough to submit to a civil rule their aim therefore from the beginning was to rule them by the power of the Sword a military Aristocracy or Oligarchy as now they do Amongst the ancient Romans Tentare arcana Imperii to prophane the Mysteries of State was Treason because there can be no form of Government without its proper Mysteries which are no longer Mysteries than while they are concealed Ignorance and Admiration arising from Ignorance are the Parents of civil devotion and obedience though not of Theological 2. Nor have these Grandees and their party in the Synod 2. They have subverted the Church dealt more kindly with the Church than with the Common-wealth whose reverend myâ—teries their Pulpits and holy Sacraments and all the functions of the Ministery are by their connivence profaned by the clouted shoe the basest and lowest of the People making themselves Priests and with a blind distempered zeal Preaching such Doctrine as their private spirits spirits of illusion dictate to them But let them know that their burning zeal without knowledge is like Hell fire without light The Sacrament of the Lords Supper discontinued and why Yet the greatest wonder of all is That they suffer the Lords supper that Sacrament of Corroboration to be so much neglected in almost all the Churches in the Kingdom Is it because men usually before they receive our Saviour that blessed guest sweep the house clean casting out of their hearts those living Temples of the holy Ghost Pride Ambition Covetousnesse Envy Hatred Malice and all other unclean Spirits to make fit room to entertain Jesus that Prince of Peace whereby the people having their minds prepared for Peace Charity and Reconciliation may happily spoil the trade of our Grandees who can no longer maintain their usurped dominion over them than they can keep them dis-united with quarrels and feuds and uphold those badges of factions and tearms of distinctions and separations Cavaliers Roundheads Malignants Well-affected Presbyterians and Independents or is it because they fear if the Church were setled in peace and unity it would be a mean to unite the Common-wealth as a quiet cheerfull mind often cureth a distempered body I will not take upon me to judge another mans Servant but many suspect this is done out of design not out of peevishnesse 3. That these Grandees govern by power not by love 3. The Grandees rule by the arbitrary power of the Sword not by the Lawes and the Laws of the Land which was my last assertion appears by 1. The many Garrisons they keep up and numerous Army they keep in pay to over-power the whole Kingdom more than at first the Parliament Voted all in the hands of Sectaries 2. Their compelling the Parliament to put the the whole Militia of England and Ireland by Land and by Sea in the power of Sir Thomas Fairfax and their party together with all Garrisons 3. Nor do they think the Laws of the Land extensive enough for their purposes therefore they piece them out with Arbitrary Ordinances impeachments before the Lords and Marshall Law which is now grown to that height that the Council of War General and Judge advocate of the Army do usually send forth Injunctions to stay Sutes and release judgements at Law or else to attend the Council of War wheresoever they sit to shew cause to the contrary and when Lieutenant Colonel Lilburn was ordered to be brought to the Kings-Bench-Bar upon his habeas Corpus Easter Term 1648. Cromwel sent word to the Lieutenant of the Tower not to bring him and Cromwel was obeyed not the Judges Thus the Laws of the Land are daily baffled that men may be accustomed to arbitrary Government and those actions which no Law of the Land calls a Crime may be interpreted Treason when our Grandees please to have it so 4. Their allowing money to some Committees to reward Informers Spies and Intelligencers to betray even their nearest friends and relations 5. Their holding Honest Generous and Grave men in suspicion and making the Houses of Parliament and Army snares to them expelling them with false and extrajudicial Accusations 6. Their owning dishonest base-minded men that have cheated the State as instruments fit to be confided in and associate with them in time of danger 7. Their impoverishing the people with confused Taxes decay of Trade and obstructing of the Mint and thereby breaking their spirits 8. Their changing and dividing the Militia of London purposely to weaken it 9. Their not restoring to the Counties their Militia and trusting them to defend their own houses as formerly 10. Their nourishing Factions in the Common-wealth Schisms in the Church 11. Expelling learned Divines to let in ignorant men All these are tyrannical policies grounded upon the old principle That a Tyrant should deprive his Subjects of all things that may nourish courage strength knowledg mutual confidence and charity amongst them which Maxim the Politicians say contains the whole Systeme or method of Tyrannical Government 4. 4. The Independents divide the Taxes Spoils and preferments of the land between them As this encroaching Faction have usurped all the Military and Civil power of both Kingdoms so they have monopolized all the great Offices rich Imployments and Treasure of the Land they are clearly the predominant party in all Money Committees they give daily to one another for pretended Services Arrears and Losses great sums of money many of their Largisses I have already set down They gave lately to Col. Hammond Governour of the Isle of Wight for his Table 20 l. a Week 1000 l. in money and 500 l. a year land to Major General Skippon 1000 l. per annum land of Inheritance to Colonel Mitton 5000 l. in money Prideaux hath 100 l. a Week benefit by the Post-Masters place his whole Estate before this Parliament was hardly worth a 100 l. nor is he eminent for any thing but impudence and arrogance Mr. Rowse hath Eaton College worth 800 l. per annum and a Lease of that College worth 600 l. per annum Sir William Alanson the Hamper-Office and Crab Castle worth 600 l. per annum bravely wooded Alder. Hoyl of York the Treasurers Remembrancers Office Mr. Sallaway a poor Grocer the Kings Remembrancers Office neither of which are able to read any one Record in those Offices Tho. Scot Lambeth-house Sir Wil Brereton Croyden-house Col. Harvy Fulham and Norwich-houses Mr. Lisle the Mastership of St. Crosses Dennis Bonds 3 Sons each of them a Place worth 500 l. a year besides many others All the cheating covetous ambitious persons of the Land are united together under the name and title of The Godly the Saints c. and share the fat of the Land
between them few of them pay any Taxes but all the Land payes Tribute to them It is thought this Faction their under-Agents and Factors have cost this Commonwealth above 20 millions never laid forth in any publick service nay the Treasurers and Publicans of this Faction have clipped and washed most of the Money that comes into their fingers before they pay it forth knowing that any money that comes out of their fingers will be accepted two Gold-smiths are thought to be dealers this way yet they lay the blame on the Scotish Army as the Cuckow lays her brood in other Nests 5. Having thus imped their wings for flight 5. The Indepâ—ndents provided of places of retreat to flee to they have provided themselves of places of retreat in case they cannot make good their standing in England Ireland is kept unprovided for that they may find room in it when necessity drives them thither If their hopes fail in Ireland they have New-England Bermudas Barbadus the Caribby Isles the Isle of Providence Eleutheria Lygonia and other places to retreat to and lay up the spoils of England in nay they usually send chests and vessels with money place and goods beyond Sea with passes from the two Speakers to let them passe without searching the Navy is in their power to accommodate their flight and by their instruments called Spirits they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismatical Plantations as the Turk takes up Tribute Children from the Christians to furnish his nursary of Janisaries and so they have their Agents that buy up all the Gold they can get Cromwell not long since offered 11000 l. in silver for the 1000 l. in gold besides he is well furnished with the Kings Jewels taken in his Cabinet at Nazeby many of them known Jewels as the Harry and the Elizabeth 6. The vulgar Independents but props and properties to the Grandees 6. Nor shall the vulgar sort of Independents either in Parliament Army or City fare better than the rest of the Kingdom The Grandees both of Parliament and Army endevouring to adjourn the Parliament and draw all the power of both Houses into the Committee of Derby-house consisting but of 30. or 40. the rest of the Independent Members will find their power dissolved in the Adjournment and swallowed up by that Committee and their services forgotten nor shall they have any power in the Militia which is the only quarrel between them and the King the Grandees disdaining to have so many Partners in that which they have got by their own wits for know that the Grandees have always been winnowing the Parliament First they winnowed out the moderate men under the notion of the Kings party then the Presbyterians and now they will winnow forth the lighter and more chaffy sort of Independents who stand for the Liberty of the People a thing which Cromwel now calleth A fancy not to be engaged for and so they will bring all power into their own hands Thus having contracted the Parliament into a Committee of safety they will adjourn themselves though the Parliament cannot to Oxford or some other place which they more confide in than London and this is the settling the Kingdom without the King they so much aim at and which they had rather the people should be brought practically and by insensible degrees than by Declarations held forth to them before-hand or by politick Lectures in the Pulpit Thus it is decreed that this Cabal of Godly men at Derby-house shall with military Aristocracy or rather Oligarchy rule this Nation with a rod of Iron and break them in pieces like a Potters Vessel Observe that the Ordinance by which the Committee of Derby-house is revived and the addition of Power to it are purposely penned in such ambiguous terms that He that hath the Sword in his hands may make what construction of them he pleaseth neither were they clearly penned Is it in the power of the Houses being but the Trustees of the people to transfer or delegate their trust to a lesser number of men a trust not being transferrable by Law and the people having chosen a Parliament not a Committee to look to their safety and peace 7. 7. The Army hinder Peace and Settlement The Grandees of the Parliament and Army have brought the Kingdom to so miserable a condition that they have left no Authority in England able to settle peace The KING is a close Prisoner to the Army therefore all he shall do will be clearly void in Law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegal Accusations Blanck Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Egyptians did under vassalage to their own Mamaluchi or Mercenaries The people thefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdom 8. The two Universities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties 9. Many honest men seduced by fair pretences took part with them never intending to leave their first principles and enslave King and Kingdom are enemies to their barbarous irrational and Russian way of Government 9. Many honest men took part with this Parliament seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the People and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdom to subvert the Laws Liberties and fundamental Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoils of the Commonwealth between them and think of enriching themselves with them in forein Lands yet many at the beginning much disliked that Religion should be used an as ingredient to the carrying on of a Civil War and that Schismaticks should have so great a stroak in managing the business yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high-way he will not refuse to joyn with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designs had so often purged the Houses that
Antrim should grow strong he procured one Regiment for himself another for his Cozen Lawers a third with the place of L. General for that most ungrate Gentleman the Earl of Lothian who was married to his Neece and one of his Confidents who was once heard say That the 3 Kingdoms would never have peace so long as King CHARLES his Head was on his shoulders and yet it is only King CHARLES his favour that hath made him and his Father exceed the estate of Gentlemen with many other places to divers of their friends intending a ful Conquest of Ireland at least to banish Antrim and the Mackdonalds from thence as he and his Predecessors had done many of them out of Scotland taking a gift from the Parliament of England of some of the Earl of Antrims Lands in Ireland especially the Island of Rachera to the which one of the forementioned Regiments was sent and kept there a long time so that all the three Kingdomes must be at the charge to maintain Armies and Garrisons for enlarging the Dominions of Argile His next project having begun his Confederacy in England by shewing them the wayes to get money by Taxes and Excise 10. and 20. part bringing in of Plate voluntary Contributions borrowing on the Publique Faith tyrannizing over the Persons and Estates of all that durst be so bold as speak against the Illegal Orders and all this Money in both Kingdoms to be employed against His Majestie whom their renewed Covenant did oblige them to defend having good opportunity to traffique betwixt under the pretence of Commissioners for the Kingdom of Scotland the rest for the most part either his Creatures or Confidents so that he ruled all the Council at home and abroad sending Lothian to France to have them brought in a Confederacy abusing his Majesty by procuring His Commission for Treating concerning the keeping and preservation of that ancient League betwixt France and Scotland begun in Charls the Great 's time with Achaius King of Scotland but the effect of the Treaty was to bring money to Argile who at that time when the Kingdom stood in much need of men sold five thousand to the French to be under his Brother from whom he had as formerly the Estate so now the Title of Kintyre and he must be Earl of Irwin all the Interest he had there being by his quondam Tutor now Slave Barcley his being sometime Provost thereof and the Chancellors Brother Lundie sur France and Irwin had bad penny worths although Argile made a good market for the Men like Money trusted in a Jugleâ—s hand were gone with a puff thus you see how much both KING and Kingdome were obliged to him in this particular But to come to the main point of the Conspiracy finding Scotland although he had all the power of the Persons and Estates in his hand not pliable as yet to cast off Monarchy and imbrace Aristocracy of whom as affairs stood none could be the chief Ruler but himself he did imploy the Zealots of the Clergy to asperse those who did oppose him especially some most faithfull and religious Noble men as if they were fallen from their first love turn enemies to the cause of Christ had with Demas imbraced this present world and that Argile was the only man that stood in the gap threatning out of their Pulpits all such as would think or speak evil of him but when the State-juglers with their Clergy-Impostors could neither shake the Loyalty of the one who were really for the Covenant and Monarchical Government nor plaster over the many fraudulent cheats of the Argathelian party now become a most odious and heavy burthen to the Kingdome harased and ruined from the one end to the other by him and his Armies on the one part and Montrosse and his Confederates on the other part Argile of the two being the Kingdoms most cruel Enemy was simulat humiliation having the Church-men still his friends did reconcile himself to the other noble and loyall Patriots by suffering them to take some share of the Government that the by him dis-joynted State might by them be set in a right frame again with a resolution when all things were right to usurp his wonted Authority and follow his old trade of Dethroning His Majesty and cantonizing the Kingdom but things falling out so that one day at Nazeby quelling the KINGS party in England and one day at Philipshaugh almost quieting Scotland finding the Presbyterians in England inclinable to peace and desirous of his Majesties re-establishment according to the Covenant he leaves them and joyns Counsell with Say Perpoint Cromwel and others of the Independent Junto doing them that Masterâ—iece of good service First under colour of Loyalty and friendship to prevail with His Majesty to return to the Scots Army then at Newark Cromwell contributing a Passe to Hudson and Ashburnham with a slack Guard that His Majesty might the more freely escape Secondly after many learned and loyal Speeches for Monarchy the Kingdom of Scotlands interest in the person of the KING and many Vows and Protestations both in private and publick not to abandon His Majesty without his own consent contrary to all which he and his Party did overthrow the Loyalty of That once famous Gentleman Lieuten General David Leslie who had deeply sworn and ingaged himself to His Majesty to convoy him safely into Scotland or then to see His Majesty peaceably setled in his Throne in England forcing him and he perswading and prevailing with the Souldiers to march away leaving his Majesty behind little better than but now an assured Prisoner and the whole power of the Sword in the hands of the Independents and Sectaries to the ruine and overthrow of their Presbyterian friends in the City and Parliament as the History of Independency doth Witness encouraging the Independent Party by their Letters to proceed in their dethroning Votes and accusation of his Majesty assuring them that no party from Scotland shall be able to hinder them in their proceedings but finding the body of the Parliament and the Kingdom of Scotland to be sensible of the ruine of Religion and Monarchical Government if the Sectaries prevaile and their resolution to adhere to their Covenant and re-establishing his Majesty being in fear their party shall not be able any longer to delude the Kingdom or hinder the Army designed to come in for the vindication of the many breaches of the Solemn League and Covenant and the several Treaties betwixt the Kingdoms they have solicited the Armies of Sectaries to come to their assistance some of their Ministers professing in their Letters They have no hope of safety unless it be by means of this rebellious Army now in England thereby endeavouring to make Scotland the seat of War And if these troubles in Wales and cutting Petitions from Essex Kent Surry and Sussex had not hindered them their resolution was to have sent Cromwel thither it being debated before he went to Wales
quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I will not trouble my Reader with these being enough to shew the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch Scottish Colchester and other Prisoners imposed by way of Sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
all the Parliaments Declarations and Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their own Faction all others being displaced under the generall notion of disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom being far the Major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl. or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverley in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and also on or about the twenty third day of October in the same year at Edgehill and Keinton-field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred fourty and three at Cavesham-bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord one thousand six hundred forty and six He the said Charles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured and procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by Him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-people of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warrs and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warrs and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischief to this Nation acted or committed in the said Warrs or occasioned therby And the said John Cook by Protestation saving on the behalfe of the people of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons and crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer all and every the premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Commonwealth President Sir you have now heard your Charge you finde that in the close of it it is prayed to the Court in behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story then I think fit at this time for me to speak But there I entred into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but that they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawful Authority there are many unlawfull Authorities Thieves and Robbers on the High-way I was brought from thence and carried from place to place and I know not what and when I know by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinns you bring upon your own heads and the judgment of God upon this Land think well upon it think well upon it I say before you go on from one sinne to a greater therefore let me know by what
lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My Trust I have a trust committed to Me by God by old and lawfull descent I will not betray it to answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first comming hither you would have known by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therfore let Me know by what lawfull Authority I am called hither I do stand more for the Liberty of My People then any here that come to be My pretended Judges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Bradsh Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledg of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will do it to the last breath in My body As it is a sinne to withstand lawfull Authority so it is to submit to a Tyrannical or any otherwise unlawfull Authority Bradsh The Court expects your finall Answer and will adjourne till Munday next Brutish we are satisfied with our Authority that are your Judges and it is upon Gods Authority and the Kingdomes and that peace you speak of will be kept in doing Justice and that 's our present work So the Court adjourned and the King was conducted back Note They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Justice Justice when the King was remanded thinking all the rest of the people would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Justice Whether this were the first day or afterwards I know not The King only saying My Saviour suffered more for my sake wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday January 22. 81. The second daies Triall of his Majesty The KING was brought again to His Tryall Solicitour Cock May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a charge of high Treason and other High crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of confession or Negation which if He shall refuse to do That the matter of charge may be taken pro confesso and the Court may proceed according to Justice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a charge read against You c. You hear likewise what was prayed in behalf of the People That you should give an Answer to that charge You were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and capitall Misdemeanours wherewith You were then charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that you do give a positive and particular Answer to this Charge exhibited against You they expect you should either confess or deny If you do deny Without any Law President rationall debate or Arguments to prove it Oh brutish Tyranny it is offered in the behalf of the Kingdome to be made good against You Their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therfore You are to give a positive Answer King When I was here last its true I made that Question and truly if it were only my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction upon Earth but it is not my case alone it is the Freedome and the Liberties of the People of England and do you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamental Lawes of the Kingdome I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against me here and therfore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do I shall tell you My Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You do is not agreable to the proceedings of any Court of Justice False You are about to
of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull down one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance 104. New Commissions for the Judges whereof six hold and six quit their places Instructions were given by the Commons for drawing new Commissions for the Judges according to the new Antimonarchical stile and way the new Great Seal being now ready a Committee of the House met the Judges about it whereof six agreed to hold upon a Provision to be made by Act of the House of Commons that the Fundamental Laws be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the Fundamental Laws This is but a Fig-leaf to cover their shame Those that held were Of the Kings Bench Mr. Justice Rolls and Judge Jerman of the Common Pleas Mr Justice S. John and Judge Pheasant of the Exchequer Chief Baron Wilde and Baron Yates those which quitted their places and kept their Consciences were Justice Bacon and Justice Brown Sir Tho. Beddenfield Justice Creswel Baron Treaver and Baron Atkins 103. Cyrencester elâ—ction But the Clerk of the Crown cert fied that between the Commitee of Elections and himself they could not find the Indentures of return the House therefore Ordered That they should sit and do service so they are Burgesses not returned but ordered to sit 8. Febr. The Election of the General and Col. Rich at Cyrencester which never durst see the light before after about 3. years lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerk of the Crown for whom they have not invented a new name yet ordered to mend the return of the Writ at the Bar. * 104. A Declaration That they will keep the Fundamental Laws lives why did they erect the High Court of Justice and do still continue Martial Law liberties why do they press Seamen then properties why do they levie illegal Taxes by Souldiers and continue illegal Sequestrations They likewise passed a Declaration to this purpose that they are fully resolved to maintain and shall and will uphold preserve and keep the Fundamental Laws of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the alterations concerning Kings and House of Lords already resolved in this present Parliament Munday February 12. The Commons appointed the Circuits for those Judges that held 105. The Judges Circuits appointed the Benches filled up and their Oaths altered and passed an Act for compleating the Judges of the several Courts filling up the rooms of those that held not with some alterations in their former Commissions and a new Oath to be given them to swear well and truly to serve the Common-wealth in the Office of a Justice of the Upper Bench which all our Laws call the Kings Bench or Common Pleas according to the best of their skill and cunning 106 A new Oath for the Freemen of London and other Coâ—porations The House passed an Act that the Oath under-written and no other be administred to every Freeman of the City of London at his admission and of all other Cities Burroughs and Towns Corporate YOu shall swear that you will be true and faithfull to the Common-wealth of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeâ—l the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statute 1. Eliz. 3. Jacob. enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured and secluded Members In opposition to these tyrannous destructive illegal and trayterous proceedings of 40. or 50. cheating Schismaticks sitting under the force and promoting the Interests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable and illegall late Acts and proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. WE the secured and secluded Members of the late House of Commons taking into our sad and serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedom and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdoms peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murthered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all forraine States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Justice as they terme it though never any Court themselves to Arraigne and condemn His Majesty against the Lawes of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally and unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Jurisdiction and without any lawfull authority or proofe against Him or Legall Triall presumed most trayterously and impiously to condemne and murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Laws of the Land and the liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free
People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to do We do hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70 71 76 77 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Justice of it selfe and having no power to hear and determine any civill or criminall causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Statute of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloudy murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such commissions and proceedings and by the power of an Army to enforce them and the Judges Justices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high * * Whereupon six Judges refused to accept any new Commissions or to act as Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their oaths covenant callings and places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your Treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanours by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper Every Act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to confer with Him as His Parliament and Councel about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4. c. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the great Seale of England Judges of the Kings Courts Justices of Peace Sheriffs Excise-men Customers and the like with all Committees and ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Jacobi ch 1. and by all the Judges of England since Coke 7. Report f. 10 11. in Calvins case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their blouds to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through fear terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested
onely in the Lords and Peers of the Realme being by Inheritance custome and Law in such case the Kings and Kingdoms great Councel 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 Realme and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse then High Treason and so declared and resolved by the last Parliament 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 and 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 then the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the work of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Judges Juries and Officers 113. Powers given to the Councel of State 14. Eebr 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 shall think fit 4. Power to fit 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 Oaths for both were reformed according to the Godly cut When the Committtee of State was nominated in the House 114. An expurgatory Oath put upon the Councel of State scrupled by some of the Members and moderated by Cromwell â—n opposition of the Levelâ—ers divers Gentlemen of the best quality were named whom they could not omit because they had sat with them and concurred in all their great debates although they had more confidence in those petty Fellows who had or would sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbear they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation whereby they should declare That they approved of what the House of Commons and their High Court of Justice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr. Cromwell Chairman of that Committee of State reported to the Commons That according to the Order of that House 19. of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they should do for the future but could not confirm what they had done in relation to the King and Lords so it was referred to a Committee to consider of an expedient Cromwell having made use of the Levellers 115. Cromwells usurped power When the House of Commons opposed Cromwels and Iretâ—ns designes they cried up the Libertie of the People and decried the Authority of Parliament until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Auâ—horitie of their House of Commons and decried the Liberty of the people and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestâ—nts of Germany and then used an Army of Protestants to subdue and imprison â—he Pope Assertors of publique Liberty to purge the House of Commons and abolish the Lords House doth now endeavour to cast down the Levellers once more finding himself raised to so great an height that he cannot endure to think of a levelling equality he overswayes the Councel of Warre over-awes the House of Commons and is Chairman and Ring-leader of the Councel of State so that he hath engrossed all the power of England into his own hands and is become the Triple-King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his own more Lordly Interest he procured an expedient to Alter and Reforme the said Oath which at last passed in this forme following February the 22. 1648. 116. The forme of the said reformed Oath I A. B. being nominated a Member of the Councel of State by this present Parliament do testify that I do adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councel and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I do promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therin faithfully pursue the Instructions given to the said Councel by this present Parliament Mere you see a curtain drawn between the eyes of the people and the clandestine machinations and actings of this Councell and not reveale or
they would not hear him so he went forth into the Church-yard the people following him where he related to them That he had a Vision and received a command from God to deliver his will unto them which he was to deliver and they to receive upon pain of damnation It consisted of 5 Lights 1. That the Sabbath was abolished as unnecessary Jewish and meerly ceremonial And here quoth he I should put out my first Light but the wind is so high I cannot light it 2. Tythes are abolished as Jewish and Ceremonial a great burden to the Saints of God and a discouragement of industry and tillage And here I should put out my second Light c. as aforesaid which was the burden of his song 3. Ministers are abolished as Antichristian and of no longer use now Christ himself descends into the hearts of his Saints and his Spirit enlightneth them with Revelations and inspirations And here I should have put out my third Light c. 4. Magistrates are abolished as useless now that Christ himself is in puritie of Spirit come amongst us and hath erected the Kingdom of the Saints upon earth besides they are Tyrants and Oppressors of the Liberty of the Saints and tie them to Laws and Ordinances meer humane inventions And here I should have put c. 5. Then putting his hand into his pocket and pulling out a little Bible he shewed it open to the People saying Here is a Book you have in great veneration consisting of two parts the Old and New Testament I must tell you it is abolished It containeth beggarly rudiments milk for Babes But now Christ is in Glory amongst us and imparts a fuller measure of his Spirit to his Saints then this can afford and therefore I am commanded to burn it before your faces so taking the Candle out of his Lanthorn he set fire of the leaves And then putting out the Candle cryed And here my fifth Light is extinguished Upon a Report from the Councell of State 143. The Earle of Warwick's Commission recalled and 3 Admirals appointed the Commons Voted void the Earle of Warwick's Commission for Admirall and appointed three Commissioners to have and execute the Admirals Place with 3 l. a day a piece a Commission for Martiall Law and Land Souldiers aboard to keep under the Seamen The three Admirals are Col. Edw Popham Col. Rob Blake and Col Deane Sunday after Easter-day 144. Cromwell turned Preacher six Preachers militant at White-hall tried the patience of their Hearers one calling up another successively at last the Spirit of the Lord called up Oliver Cromwell who standing a good while with lifted up eyes as it were in a trance and his neck a little inclining to one side as if he had expected Mahomet's Dove to descend and murmure in his eare and sending forth abundantly the groans of the Spirit spent an hour in prayer and an hour and an half in a Sermon In his prayer he desired God to take off from him the Government of this mighty People of England as being too heavy for his shoulders to bear An audatious ambitious and hypocriticall imitation of Moses It is now reported of him that he pretendeth to Inspirations and that when any great or weighty matter is propounded he usually retireth for a quarter or half an hour and then returneth and delivereth out the Oracles of the Spirit surely the Spirit of John of Leyden will be doubled upon this Man 145. The last Retreat of the Faction by H. Martins report About this time the Palsgrave took his leave of the Parliament being much courted and complemented by them and his 8000 l. per annum with all Arrears confirmed to him since his departure Harry Martin in a jolly humour was heard to say If the worst hapned and that they should not he able to stand their ground in England yet the Palsgrave would afford them a place of retreat in the Palatinate the seeds of these Anarchicall Anabaptisticall humours upon the reducing of Munster spread themselves in England and now have a mind to return into Germany to kindle a fire there 146 Io. Lilburn's third Book called The Picture of the Councell of State About this time John Lilburn and his Company set forth a Book called The Picture of the Councell of State c. wherein they set forth the illegall and violent proceedings of the said Councell against them in seizing upon them with armed Bands of Souldiers and interrogating them against themselves c. where they have these words The Faction of a Traiterous Party of Officers of the Army hath twice rebelled against the Parliament and broke them in pieces and by force of Armes culled out whom they pleased and imprisoned divers of them and laied nothing to their charge and have left onely in a manner a few men besides 11 of themselves viz the Generall Cromwell Ireton Harrison Fleetwood Rich Ingolsby Hazelrigge Constable Fennick Walton and Allen Treasurer of their own Faction behind them that will like Spaniel dogs serve their lusts and wills yea some of the chiefest of them viz Ireton Harrison c. yea Mr. Holland himself styled them a Mock Parliament a Mock power at Windsor yea it is yet their expressions at London And if this be true that they are a Mock-power and a Mock Parliamâ—nt then Quare Whether in Law or Justice especially considering they have fallen from all their many glorious promises and have not done any one action that tends to the universall good of the people can those Gentlemen sitting at Westminster in the House called the House of Commons be any other than a factious company of Men trayteâ—ously combined together with Cromwell Ireton and Harrison to subdue the Laws Liberties and Freedoms of England for no one of them protests against the rest and to set up an absolute and perfect tyranny of the Sword will and pleasure and absolutely intend the destroying the Trade of the Nation and the absolute impoverishing the people thereof to sit them to be their Vassals and Slaves And again the three forementioned Men viz Cromwell Ireton and Harrison the Generall being but their stalking horse and a cypher and their trayterous Faction having by their wills and Swords got all the Swords of England under their command and the disposing of all the great Places in England by Sea and Land and also the pretended Law making power and the pretended Law executing power by making among themselves contrary to the Laws and Liberties of England all Judges Justices of Peace Sheriffs Bayliffs Committee-men c. to execute their wils and tyranny walking by no limits or bounds but their own wills and pleasures and trayterously assume unto themselves a power to leavy upon the people what money they please and dispose of it as they please yea even to buy knives to cut the peoples throats that pay the money to them and to give no account for it till Dooms-day in the
broached in a Pamphlet by old Rowse the illiterate Jew of Eaton-Colledge And by John Goodwin the sophistical Divine which is fully conâ—uted in A Religious Demurrer concerning submission to the present power an excellent peece but what the Sword gave To this the honest Lievtenant Colonel answered Mr. Peters You are one of the Guides of the Army used by the chief Leaders to trumpet their Principles and Tenents and if your reasoning be good then if six Theeves meet three or four honest men and rob them that act is righteous because they are the stronger Party And if any power be a just power that is uppermost I wonder how the Army and Parliament can acquit themselves of being Rebels and Traytors before God and man in resisting and fighting against a just power in the King who was a power up and visible fenced about with abundance of Laws so reputed in the common acceptation of Men by the express letter of which all thâ—se that fought against him are ipso facto Traytors and if it were not for the preservation of our Laws and Liberties why did the Parliament fight against Him a present power in being and if there be no Laws in England nor never was then you and your great Mâ—sters Cromwel Fairfax and the Parliament are a pack of bloody Rogues and Villains to set the People to murder one anâ—ther in fighting for preservation of their Laws in which their Liberties were included which was the principal declared Cause of the War from the beginning to the end I thought quoth the Lievtenant Colonel I had been safe when I made the known Laws the rules of my actions which you have all sworn and declared to Defend and make as the standard and touchstone between you and the People * The Laws are now no protection to us nor the rule of our actions but the arbitrary wills and lusts of the Grandees I but replied Hugh I will shew that your safety lyes not therein their minds may change and then where are you I but quoth the Lievtenant Colonel I cannot take notice of what is in their minds to obey that but the constant Declaration of their minds never contradicted in any of their Declarations as That they will maintain the Petition of Right and Laws of the Land c. This was the substance of their discourse saving that John pinched upon his great Masters large fingring of the Common-wealths money calling it Theft and State-Robbery and saying That Cromwel and Ireton pissed both in one quill though they seem sometime to go one against another yet it is but that they may the more easily carry on their main design To enslave the People Reader I was the more willing to present the summ of this Debate to thee that by comparing their doctrine and principles with their daily practices thou mayst perfectly see to what condition of slavery these beggarly upstart Tyrants and Traytors have reduced us by cheating us into a War against our lawful Soveraign under pretence of defending our Laws and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sun pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegal and bloody Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King break the Parliament by hostile force put down the House of Lords erect extrajudicial High Courts of Justice to murder Men without Trial by Peers or Jury or any legal proceeding to subvert the fundamental Government by Monarchy and dispossess the right Heir of the Crown and to usurp his Supreme Authority in a factious fagg-end of the House of Commons to put the Kingly Government into a packed Junto of forty Tyrants called A Councel of State to exercise Martial Law in times of peace and upon persons no Members of the Army to raise what unnecessary illegal Taxes they please and share them and the Crown Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free-quarter to alter the Styles of Commissions Patents Processe and all Legal proceedings and intoduce a forraign Jurisdiction to Counterfeit the Great Seal and Coin of the Kingdome and to keep up Armies of Rebels to make good these and other Tyrannies and Treasons is High Treason by the known Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speak against these crimes Good God! how long will thy patience suffer these Fools to say in their hearts there is no God and yet profess thee with their mouths to break all Oathes Covenants and Protestations made in thy Name to cloak and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived sensless Trees and torn brute Beasts that serve thee according to their Creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in War Turn the Councels of the wise into folly let the crafty be taken in their own net and now at last let the Oppressed taste of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeal to thee as Author of their prosperous sins become Lord Author of their just punishments bestow upon them the rewards of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my self stand in need and seek to ripen thy vengeance before thy time Shall the Pot ask the Potter what he doth I beheld the prosperity of the wicked and my feet had slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May 30. 1649. The aforesaid Trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of slaves was proclaimed in London by the newly intruded illegal Lord Mayor Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them until some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Trial of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of
to persecute and execute such Members of the Army as retain any sense or memory of their old Engagements and Principles * 182. The pretended Parliaments Councel of State and Officers confederated with Oneale See An After-game at Irish c. 1649. and the Propositions pâ—inted at Cork and reprinted at London From June 6. 1649. June 8. 1649. I formerly told you of an underhand combination between the domineering Independent party here and Owen Roe Oneale which is now openly declared and avowed by their own licenced News-books Owen Roe and Colonel Monk are joyned saith the Mâ—dest Narrative our Party have permitted 300. of Oneals own Regiment to Quarter in our parts amongst the Creats within two miles of Dundalke saith the Scout Owen Roe and Berne are come towards Col. Jones and Col. M nks Quarters he is so fair as to pay Contribution his Quarters are to the Scots side of Dublin to prevent their giving aid to Ormond in his attempt upon Dublin Moderate Intelligencer from June 7. to 14. 1649. num 221. who can blame necessity nor doe our Grandees now deny this Confederacy with the bloody Popish massacring Rebels although they had the impudence to make the only supposition thereof one of the principal Charges against the late King and to raise a great out-cry against the Marquess of Ormond and Lord Inchiquine for their conjunction with Pr ston yet they joyned but to prevent the Cromwelists who offered to associate with him upon conditions much more prejudicial to the Protestant Religion and English Interests than Ormond hath given them They have offered this Oneale all the Lands in Vlster forfeited by his Grandfather Tyrone Shane Oneale and others attainted thereby destroying the British Planters there and this is the reason they imploy so few old Irish Commanders into those parts lest the Oneals should doubt they came to recover their own lands again But our Atheistical Saints account themselves loose when other men are bound nothing but a halter can hold them all obligations to men all duties and vowes to God See the Councel of Wars Answer concerning the secured and secluded Members from 6. June to 13. num 3. they break upon pretended necessity and honest intentions Their Metropolitan Nuntio Judas Haclet tells you Their Party will not joyn with the bloody Irish until they are brought to such a pinch as to say Flectere sinequeo superos Acheronta movebo If God will not be the Author and Patron of their Designs the Devil shall you see these Independents hang between God and the Devil Michael and the Dragon not resolved which part to take Be it known unto all men by these presents 183. Parker the Observator that Harry Parker the Observator is returned from Hamborough and highly preferred to be Brewers Clerk alias Secretary to Cromwâ—l to whose Designs he hath prostituted his pen. There is lately come forth a Book of John Meltons a Libertine that thinketh his Wife a Manacle 184. Meltons Book the Tenure of Kings and Magistrates c. and his very Garters to be Shackles and Fetters to him one that after the Independent fashion will be tied to no obligation to God or man wherein he undertaketh to prove That it is lawful for any that have power to call to account Depose and put to Death wicked Kings and Tyrants after due câ—nviction if the ordinary Magistrate neglect it I hope then it is lawful to put to death wicked Cromwels Councels of State corrupt Factions in Parliament for I know no prerogative that usurpation can bestow upon them He likewise asserteth That those who of late so much blame Deposing are the men that did it themselves meaning the Presbyterians I shall invite some man of more leisure and abilities than my self to Answer these two Paradoxes But shall first give him these cautions 1. That for the Polemick part he turn all his Arguments into Syllogismes and then he will find them to be all Fallacieâ— the froth of wit and fancy not the Dâ—ctates of true and solid Reason 2. That for the Historical or narrative part he would throughly examine them and he will find few of them consonant to the plumb-line of truth 3. That he would consider that from the beginning of this Parliament there were three Parties or Factions in it 1. The Royalists 2. The Presbyterians 3. The Independents For though they were not then notorious by their name yet the Persons confederated were then extant and active being a complication of all Antimonarchical Anarchical heresies and sâ—hismes Anabaptists See the Mystery of the two Junto's Presbyterian and Independent Brownists Barrowists Adamites Familists Libertines of all sorts the true Heires and Successors of John of Leyden and Knipperdolling in all their principles aad practices united under the general Title of Independent and these were originally the men that by their close insinuations solicitations and actings began and carried on the War against the KING with an intent from the beginning to pull down Monarchy and set up Anarchy notwithstanding the many Declarations Remonstrances abortive Treaties Protestations and Covenants to the contrary which were Obligations from time to time extorted from them by the Presbyterians although not strong enough to hold such subtile Sampsons whose strengths to break such Withes lay not in their Bushes of Hair but in the Ambushes of their Hearts wherein there always lay hid some evasion equivocation or mental reservation which like a back-door gave them leave to make an escape In the beginning almost of this Parl. the Independents that is the Schismaticks in the Parliament insisted openly upon it to have the Papists in Ireland rooted out and their Lands sold to Adventurers and passing an Act to that purpose necessitated the Irish Papists to massacre the English Protestants which was purposely done by the Independents that both Papists and Protestants might destroy one another there that they might the better subvert Protestancy in England which is now in hand And though it be true that the first General the Earle of Essex was a Presbyterian yet he was acted by Independents as the L. Saâ— and others of the like stamp and had a clause in his Commission to forbear the King's Person which clause upon the Independents new Modelling the Army under Fairfax was omitted at their especial instance Monday 18. June 185. L.C. Lilburns Book The Legal fundamental Liberties of the People c. 1649. came forth that most useful Book of John Lilburns called The Legal fundamental Liberties of the People of England Revived c. wherein he excellently well sets forth the new usurped tyranny of that Hydra of Nimrods now subverting our Laws Liberties and Property consuming us with illegal Taxes Excise Free-quarter Monopolies and sharing Land Money Goods and Offices amongst themselves perpetuating an Army to enslave us and overthrow the fundamental Government of this Nation in order to which they have complied with and cheated all Interests broken all
their Obligations to God and Man violated all the Laws of this Land their own Protestations Covenants the Oaths of Allegiance Supremacy which themselves caused the People to take and their own Votes Declarations c. The illegality of their late erected High Court of Justice and their unjust proceedings therein the tyranny and usurpation of the Councel of State and Officers of the Army And proveth that Col. Prides new purged new packâ—d House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parliament is cleerly dissolved and ended which he proveth by the Death of the King and by many other solid Arguments and therefore all their Actings to be void and null with many other cosiderable passages where he ingeniously confesseth that being the Kings Prisoner at Oxford with many other of the Parliament Party the King did strictly observe the Laws of the Land in His proceedings against them which this Parliament doth not do in any their most legal proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintain and defend the Laws and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Laws and Liberties 186. Tythes to be Sequestred for the State The Faction are now contriving to seize all the Tythes of the Kingdome into their own hands yet they are the Ministers Freehold and to make all the Ministers their stipendiary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blinde and slavish obedience to our forty Tyrants of the new Councel of State presuming that all our Ministers carry their Consciences in their purses because the Independents do so Look to your wayes Christian Brethren you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God If the Ministers will not parret forth the new States Doctrine to you they shall be starved out of their Pulpits 187. An Adjournment of this pretended Parliament considered of The thing called a Parliament is now likely to have so general a purge as will leave neither life nor soul dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them fitting who may unvote all he hath compelled them to vote hath commanded his Journey-men to think of an Adjournment for some good time that they may take the air and grow wholesome again and then without some dire mischance they never meet more but this Supreme thing hath learned to use so much modesty to their Superiors as to refer it to the Hogens Mogens or Councel of State to consider what Votes and Acts they shall pass beforehand for establishing their Highnesses in their new Dominion And when out of their usurped Supreme Authority they have conferred as much upon the Councel of State as their ambitions aim at they good Boys shall have leave to break up School and go into the Country to see their Friends and visit their Foes that is all such as have full purses to be squeezed Thus you see the method of Divine vengeance observes a Degradation 1. Down went the King and His Authority lapsed into the two Houses 2. Down went the Peers House and all Authority fell down into the Commons House 3. Down goes the House of Commons and the Supreme Authority translates it self into a Councel of State And if my conjecture fail me not 4. Down will go the Councel of State and all Authority be grasped into the iron hands of Campson Gaurus and his Mamaluchy his Councel of War when they shall think fit to Act bare-faced without using a packt peece of a Parliament or Councel of State as a screen or vizard to cozen and befool the people In order to which Government by the Sword 188. Cromwel voted for Ireland with full power Civil and Military Cromwel is voted to go into Ireland with his own confiding Officers and Army with all power Civil and Military for three years what doth this import less than that he is to be K. of Ireland there to practise the first rudiments of Kings-craft and when he hath inured those Semi-barbarians to a Military Government he shall return with his Janisaries and subdue the English to the like obedience In the mean time his property Fairfax shall be under the observation of the Councel of State here and be beleagured both in his own house and Army with Olivers Creatures and in this dishonourable fickle condition he shall have the vain honour to keep Olivers Regalia the Crown sitting upon one side like a Fools Cap upon his head until he return and shall then be called to account for all odious and unfortunate accidents that shall happen for it is not for the Majesty of Oliver to bear the blame although they fall out by Cromwell's own oversights or Gods anger upon him thus Cromwell's shadow being removed himself may take substantial and actual possession of the Throne which he already enjoyes in all things but the Title And then let all true Saints and Subjects cry out with me God save K. Oliver and his brewing Vessels The Junto of Titular Supremists at Westminster especially so many as have not packt themselves into the Councel of State are very unwilling to quit their long-held Dominion 189. 13 Bills injoyned to be passed by the Commons before Adjournment and submit to their own Bastard-brood The Lords States at White-hall but there is no remedy Oliver is resolved to unyoke his Cattel and turn them to grass he knows they may unvote all they have voted at his Command if during his absence in Ireland or Scotland rather a new emergent power should overawe them the present fear being alwaies most terrible to Cowards But the Councel of State hath set them their task which they must speedily perform before they Adjourn consisting of 13 Points 1. That all Acts concerning the Loans of Monies Excise Sequestrations Goldsmiths-hall Haberdashers-hall Assesments for England and Ireland be passed These reprobate Saints will sooner forget their God than their Mammon money You see they mean to perpetuate our burthens as well as their own Army and domineer over us with an arbitrary military tyranny for ever 2. That an Act be passed for setling the Militia of the Nation This amounts to a new-invented Commission of Array lawful for usurping Saints though not for a lawful King by vertue of which the scum and dregs of the people base enough to associate with the Army shall be Armed all men of quality and fortunes unless such as owe their fortunes to their crimes dis-armed 3. Against exporting Wooll and Fullers Earth Unless it be for the benefit of the Saints 4. To prohibit exportation of Gold and Silver The Saints have exported all our Gold already and most of our Silver and will never give over the Trade
Lawyers in the Councel of State to do any thing effectual that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchical tyranny and lesse agreeing with Monarchy 4. That they will consider what Lawes are fit to be repealed That is all Lawes enjoyning uniformity in Gods Worship all Monarchical Lawes and all Lawes allowing more civil Liberty and Priviledges to the People and to several Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Dean and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoiled for sale of Dean and Chapters Lands wherefore the Saints being the onely monied men left in the Kingdome have now agreed to buy them themselves considering that since they hold their Heads and all that they have in Capite of their Lords Paramount the Councel of Officers they may as well buy dog-cheap and hold Deanes Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arrears at 5 s. and 6 s. in the pound though they are allowed the whole summ of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it down from ten years purchase to two or three years purchase They are not seen in the business themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humpâ—rey Edwards and Sir Greg. Norton who hath sold his own Land to purchase new upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remediless Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The General hath ordered the next Officer in chief to cause double damages to be given by the Souldier and if the said Officer neglect he is to answer it at a Councel of War at the Head Quarters This remedy is worse than the disease and as meer a gullery as the Act for taking off Free quarter The chief Officer will laugh at the Complainant the Head Quarters are far off and the Councel of War will tire him with delays and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earl of Denbigh and Henry Martin referred to Committees The Earl of Denbigh referred to the Committee of the Revenue to consider the Arreares of his Embassie in Italy and of his 1000. Marks per ann pension bestowed upon him by the late King If his deserts had been better his Reward had been worse and worse paid Also Henry Martins Losses and Arreares referred to the consideration of a Committee If the Committee would know what Harry hath lost they must examine his Barber-Surgeon Rowland Wilsons Arrears and Losses and the L. Gray's Charges and Arreares to be considered and reported you see charity begins at home and the Members exercise it for the most part in their own House 194. The Councel of State authorized to grant Letters of Marque June 25. An Act passed to enable the Councel of State with absolute power to grant special and particular Letters of Marque or Reprisal in the name of the Keepers of the Liberties of England by Authority of Parliament what is this but to empower the Councel of State to make War at Sea with all Princes and States at their discretion they have already so far decayed all the Trade of this Nation that ere long Traffique will be totally destroyed whereby our Sea-men with their Ships will be necessitated for want of employment to revolt to the PRINCE to prevent which inconvenience they will find work for them by granting so many particular Letters of Marque to all such as shall but pretend themselves wronged by Foreign Nations as will amount to a General practice and profession of Pyracy and turn England into a second Argires whereby all Princes and States will be provoked to make a Pyratical War upon England as against a Den of Theeves and Robbers Common Enemies to Traffick and humane Society as the Romans did under the Conduct of Pompey against the Cilician and other Asiatick Pyrats Captain Younge hath blown up with Gun-powder a Ship of the Princes called the Antilope 195. Cap. Yongue's blowing up the Antilope in Helversluce with a Caution lying at Anchor in Helversluce under the protection of the States of Holland whereby the Chamber of Holland and the honour of their Inland Sea is ravished from them By this and by some former actions of the like insolency as the firing upon their Ships and killing their men for not striking Sail to them you may see what good Neighbourhood the Dutch are like to have of their younger brother State when they are once setled and confirmed in their yet infant Government even the very same which the Carthaginians found after the new erected Commonwealth of Rome grew up to maturity which proved so dangerous a Competitor in point of power profit and honour as buried the more antient Free-State of Carthage in its Ruines Free-states especially Aristocracies are very quarrelsome with their Neighbours and never want many of their Patrician most potent Families ambitious to increase their own power and glory by Wars and therefore seek occasions of quarrel with their Neighbours such was the whole Family of the Barchines at Carthage the Scipio's Fabii Camilli Crassi Pompeii Casares and many more at Rome Thus was Greece torn in pieces by its Free-states The Commons have bestowed St. Crosses Hospital upon Cooke for acting the part of an Attorney General against the late King It is fit every Judas should have his reward 196. More Gifts to the Godly the New Park in Surry bestowed upon the City in reward of their Thanksgiving Dinner that the new-packed Court of Aldermen and Common-councel may not want Venyson to fill their Wives Bellies nor they Brow Antlers to hang their Hats on 197. Order 9. June 1649. referring all secured and secluded Members to be examined before a Committee The 9. June the Commons about 46 in number had passed an Order concerning their secured secluded and absented Members and referred all such as had not already entred their dissent to the Vote 5. Decem. 1648. to a Committee to give such satisfaction to them as the House should approve of before the 30. of June instant or else the House would take order for New Elections This was to bring the said Members 300 in number at least to the winnowing that they might admit such as were for their turn to recruit their thin House and expel the rest few repaired to them and of those very few were chosen the Speakers Son Sir John Treavor who hath a Monopoly of 1500 l. per
to go serve the Spaniard as his Majesty had promised the two Spanish Ambassadors the Marquesses of Velada and Maluezzi which cashiered discontented men first put fire to the Tumult They who did all this are guilty of the Irish Rebellion and of the blood of above 100000 Protestants who perished in that War Adde They who importuned the King contrary to His judgment to make the Irish desperate by passing an Act to confiscate their estates and grant them away to such as should advance Monies upon Irish Adventures Touching the War kindled in England the Author confesseth it was a fatal thing there should be a withdrawing of the Kings Person from the Parliament But averreth it was a barbarous thing that the King with above four parts in five of the Lords and two parts in three of the Commons should be frighted away by Tumults raised by Ven and Bourges and a Design to seize the Kings Person yet it is fit it should be remembred 1. What reiterated Messages his Majesty sent offering to return if there might be a course taken to secure his Person with those Peers and Commons rioted away 2. That there was not the least motion towards War until Hotham shut the Gates of Hull against the King attended onely with some few of his houshold servants which Act of his was approved of afterwards by the House of Commons Vote as if he had done it by their warrant 3. That a while after there was an Army of 16000. men effective inrolled about London to fetch Him to His Parliament and remove ill Counsellors under the Earl of Essex long before the King began to set up His Standard 4. That the same Army so raised to bring the King to His Parliament was continued two years after to keep Him from His Parliament 5. Who interdicted Trade first and brought in Forreign Force to help them and whose Commissions of War were near upon two years date before the Kings 6. That in all His Declarations He alwayes protested He waged not War against the Parliament but against some Seditious Members against whom He could not obtain Common Justice 7. That upon all good Successes the King still courted the Parliament and City to an Accommodation 8. That upon the Treaty of Vxbridge The King moved that to prepare mens mindes to Peace there might be freedome of Trade from Town to Town A cessation of all Acts of Hostility for the time that the inflamation being allayed the wound might be cured the sooner 9. That this present Army remember how often in their Proposalls and Declarations they protested That their aim was to restore His Majesty with Honour Freedome and Safety whereunto they were formerly bound by their Protestation and Covenant and that the two Commanders in Chief pawn'd their Souls to Him thereupon 10. That to settle Peace the King did in effect by His Concessions part with His Sword Scepter and Crown and every thing that was personal to Him 11. With what admired Temper Prudence Constancy He comported Himself in His Afflictions and how many of His engaged Enemies became His Converts thereby speaking Panegyricks in His praise 12. That though there be some precedents in our Histories for Deposing Kings in point of Competition for the Crown yet it is unexampled That a King of England of an undoubted Title should be Summoned Arraigned Tryed Condemned and Executed at His own Door by His own Subjects and by the Name of their King to whom they had sworn Allegiance Contrary to the whole Current of the Law which saith The King can do no wrong The Crown takes away all defects Wherefore it was adjudged superfluous to take off Attainders under which Hen. 7. and Queen Eliz. lay because the Crown wiped off all Blots Rex non habet Parem in suis Dominiis nec Superiorem satis habet Rex ad poenam quod Deum expectat ultorem If therefore by the Laws of the Land all men must be Tried by their Peers and the King have no Peer what power had these Men to Arraign their King to be both His engaged Enemies Accusors and Judges and to Erect an unpresidented Tribunal without the least Foundation in Law with power and purpose to condemn all that came before it and that Sentence of Death should pass without conviction or Law against the Head and Protector of our Laws and Fountain of Justice and Mercy 13. That they who by their own Confession represent but the Common People should assume power to cut him off who immediately represented God 203. Mr. Pryns excellent Book entituled A legal Vindication of the Liberties of England illegal axes and pretended Acts of Parliament abridged in part but the whole commended to be seriously read by all men About the same time Mr. William Pryn Assigned his Reasons why he could neither in Conscience Law nor Prudence voluntarily submit to pay the Arbitrary illegal Tax of 90000 l. a Month imposed upon the People by a pretended Act of the Commons bearing Date 7. of April 1649. towards the maintenance of Forces to be continued in England and Ireland Because by the Fundamental Laws and known Statutes of this Land No Tax c. ought to be Imposed or Leavied but by the Will and common Assent of the Earls Barons Knights Burgesses Commons and whole Realm in a free and full Parliament See Magna Charta 29 30. Stat. 25 Edw. 1. chap. 5 6. 34 Edw. 1. De Tallagio non concedendo c. 1. 21 Edw. 3. Rot. Parl. nu 16. 25 Edw. 3. c. 8. 36 Edw. 3 Rot. Parl. nu 26. 45 Edw. 3. Rot. Parl. nu 42. 11 Hen. 4. Rot. Parl. nu 10. 1 Rich. 3. c. 2. The Petition of Right and Resolutions of both Houses against Loans 3 Car. The Votes and Acts against Ship-money Knighthood Tonnage and Poundage and the Star-chamber this Parliament 17 18. Car. agreed to by Mr. William Hackwel in his Argument against Impositions Judge Hutton and Crock in their Arguments Mr. Saint Johns in his Argument and Speech against Ship-money with others Arguments and Discourses upon that subject Sir Ed. Cock in his 2 Instit pag. 59. 60 527 528 529 532 533. But this Assessement was not so legally imposed Ergo I nor no man else ought to pay it 1. This Tax was not imposed by any Parliament The late Parliament being actually dissolved above two months before this pretended Act was passed for imposing it by the Murder of the King as is resolved by the Parliament 1 Hen. 4. Rot. Parl. nu 1. 4 Hen. 4. and 1 Hen. 5. Rot. Parl. nu 26. Cooks 4. Institutes p 46. 4 Edw. 4. 44. 6. For the King being both the Beginning End and Foundation of Parliaments according to Modus tenendi Parliamentum and Sir Edw. Cook 4. Instit p. 3. which are Summoned and Constituted only by his Writ the Writ is actually abated by his Death 1 Edw. 6. c. 7. Cooks 7. Rep. 30 31. Dyer 165. 4 Ed. 4. 43 44. 1 Ed. 5. 1
aforesaid commotions and all other causes they pleased to call High Treason They had no other bounds nor limits in their proceedings than what they prefixed to themselves in certain Articles Some few whereof I will here present unto my Reader because they judged of High Treason by those Articles not by the known Laws of the Land a thing very observable and applicable to my purpose so that they were not only Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a liberty to observe no set forms of proceedings but at their own pleasure 1. Article Petitioning against Innovations in Government and for the known Laws made Treason the like the Parliament practiseth against such as petitioned for peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes All Petitions heretofore tendered to the States or Cities Corporate against the erecting of new Episcopal Sees or against the Holy Inquisition or or requiring a Moderation of Decrees or Acts of State Parliament are accounted meer conspiracies against God and the King 2. Art All Nobles Gentry Judges Magistrates and all others who connived at Heretical Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessity of the times and did not resist and oppose them 3. Art Whosoever affirms that all His Majesties Subjects of Belgia have not forfeited their ancient Priviledges immunities and laws for Treason We have forfeited our laws by conquest or else our Grandees would not pass the two Acts for Treason 14. May 17. July 1648. nor erect the High Court of Justice and abolish our ancient lawes and government See Pol. 3. Oct. 1650. and the Case of the Kingdome stated and that it is not lawful for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oaths Promises Grants Contracts and Obligations whatsoever Compare this with the two Acts for New Treasons 14. May 17. July 1649. and the Act 26 March 1650. and Sir John Gells Case stated 4. Art They that affirm this Councel or High Court of Justice exercise Tyranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil Our High Court of Just exceeds all this See Sir John Gells Case stated Printed Aug. 1650. 5. Art Those that in case of Heresie deny that all manner of Informers and Witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgment Execution and Confiscation of life and goods without publishing the cause or charge and without any legal form of Trial. All these are guilty of High Treason against God and the King The Rigour Cruelty and Injustice of this New erected Counsel of Blood or High Court of Justice enforced the Low Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some mean petty fellowes Natives of that Island men even at home of obscure Birth Breeding and Fortunes we cannot finde examples of Ambition Usurpation and Tyranny as high and transcendent as bloody and destructive as covetous and greedy as any of the fore-recited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloody oppressing cheating Designs promoted by Perjury Treachery breach of Faith Oaths and publick Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special Commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and Covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the people to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtilties the said party in the two Houses now combined openly under the General Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43. or 44. of their own engaged party sitting men inriched with publick spoyls and voting under the power of the Armies Commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said remainder of Commons voted down the House of Lords though an integral and principal Member of the Parliament of England far antienter than the House of Commons and having a power of Judicature to administer an Oath which the House of Commons never had nor pretended to have until this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conferences as the Grand Inquest doth before the Judges because they rejected the Ordinance for Trial of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes To subvert the Fundamental Government Laws and Liberties of the Land To pull up by the Roots without Legal proceedings every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year In their Tax Rolls they usually set in the Margent to every name private notes of distinction an M. an N. or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redress slighted N stands for a Neuter he is more indifferently rated and upon cause shewn may chance to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concur with them in the height of their villanies The pretended Parliament are now debating to raise the Monethly Tax to 240000 lib. or to deprive every man of the third part of his Estate both Real and Personal for maintenance of their immortal Wars and short lived Commonwealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of
a Meanes conducing to that Generall End Some few whereof I will here set down for my Readers satisfaction 1. To tollerate no King nor Magistrate Superior to themselves as Being a Tyranny or Bondage over the Christian Liberty of the Saints and Kingdom of Christ Because they know no Christian Magistrate can tollerate them being by the Genius of their Sect enemies to all Civil Societies whether Monarchicall Aristocraticall Democraticall or Mixed as the Kingdom of England was before these men destroyed it Besides their common Doctrine That they are appointed to break the powers of the Earth to pieces To levell the hils and fill up the vallies That they are called To bruise the Nations with a rod of Iron and break them in pieces like a Potters vessell Which they have done in England and threaten the like in France Germany c. whereof their Pulpits and discourses sound Observe their Practises in the Low Countries Where having by their spies and Emissaries found out some Burgers of the same humour with themselves They propagated their Doctrine so far as to endeavour to strike the Aristocraticall Members out of that Common-wealth by abetting some of the States Provinciall to lessen and so to abolish by degrees The Lords States Generall the Optimates of that State To ruine the Prince of Orange to whose Family they owe their Liberty To dissolve the Generall Union of the said United Provinces and so take in pieces the whole Frame of that Republick To say nothing of their Insolencies in fighting and killing their men because the Belgike Lion will not strike saile to their Crosse and Harpe and in blowing up the Antelope in Helversluce Which shews what good Neighbours Holland and other Parts are like to have of the New State of England and Ireland when they have made themselves intire by the purchase of Scotland that is born like our English Richard III. with Teeth in its head and snappeth at its Neighbours before it be out of its Swadling clouts This is the cause that Cromwell before he set saile for Ireland caused his Journey-men the pretended Parliament To passe an Act for Tolleration of all Errors Heresies and Schismes under the Notion of Liberty of Conscience and Ease for Tender Consciences 2. Their second Principle is That the Good things of this World belong onely to the Saints that is Themselves all others being usurpers thereof and therefore they may rob plunder sequester extort cheat and confiscate by illegal Laws of their own making by extrajudicial Courts and partial Judges of their own constituting other mens goods and estates upon as good Title as the Jews spoyled the Egyptians or expelled the Canaanites 3. Their third Principle That the Spirit which sanctifies and illuminates these men in every particular man blowes when and where it will sometimes this way sometimes that way often contrary waies And therefore they can make no profession of any certain Rule of Doctrine or Discipline because they know not which way the Spirit will inspire For this reason they are still pulling down old and setting up New Doctrines as the Nomades do cottages onely constant in unconstancy They professe their consciences are the Rule and Symboll both of their Faith and Doctrine by this Leaden Lesbian Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sun-Dyall by the clock not the clock by the Sun-Dyall That every man must pray according to the Dictates of his Private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenant they Alleage the Spirit is the Author thereof When Cromwell contrary to his vowes and Protestations made to the King kept him close Prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publick Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus fit dira libido This Hobgoblin serves all turnes 4. Their fourth Principle is That they may commit any sin and retain their Sanctity in the very Act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for sin Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbour without breach of Justice or Charity A righteous man is a Law to himself 5. Their fift Principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither professe to follow Paul nor Cephas yet declare themselves to be some of Cromwells Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixt Independent Principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltinesse yet if they think in their Consciences he his guilty they may condemn him out of the Testimony of their own Private Consciences Is it not fit men so Principled should be Judges and Jury too and condemn men by inspiration So Colonel Andrews and Sir John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Henry Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at 10. of the clock at night and had a warrant then ready to arrest Gell which was done earely next morning before he could conveniently discover it Yet was Gell sentenced for Misprision of High Treason See Sir John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sir John was Impeached and Mr. Atturney prosecuted him onely for Misprision yet had he much ado to keep that bloud-thirsty old cur Keeble from taking a leap at his throat and giving Judgement against him for High Treason So for want of Law Sir John had like to be hanged by Inspiration and Instinct of the Spirit He that will see more of the Independent Tenets Let him read Cl. Salmasius chapter 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency first and second part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Common-wealth or Babel hold forth to the People Justice and Liberty as their Motto
to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in awe the declared Supreme power of their Soveraign Lord the People must resign their known Lawes to their Trustees their Representatives in Parliament and take New Lawes from their Arbitrary votes or woe to be to their Necks and Shoulders I must interrupt you what you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner you may not dispute the Authority of this Court nor will any Court give way to it you are to submit to it It is not safe to confute a lie told with Authority Yet if a man be Endited of Treason or Felony in the Court of Common Pleas a man may Demur to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Competent Judges every man and every cause must be tried Suo Foro non Alieno So if a Peer be arraigned in the Kings Bench. And for this upstart unpresidented High Court it is no Court of Judicature at all as being erected without lawfull Authority Consisting of Incompetent Judges no Records belonging to it and tending to disinherit and disfranchise all the People of England and to murder them You may not dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal The votes of the Commons of England assembled in Parliament is the Reason of the Kingdom Oh Brutish irrationall Kigdom Where 40. or 50. Anabaptisticall Members the Dregs and lees of the House of Commons after all the best and sincerest 7. Parts of 8. had been racked and purged out at the Bunghole by Cromwell the Bruer and Pride his Dray-man shall be called the Reason and Law of the Land This confirmes the truth of what King Charles I. Objected to the Parliament whereof I have formerly spoken That they disposed of the Subjects Lives and Fortunes by their own Votes against the known Lawes of the Land But that there should be no Appeal to their declared Soveraign Lord the People from their subordinate Trustees in Parliament is wonderfull Considering that in all Governments the last Appeal is ever the Highest and most Absolute power But it may be they will be the Peoples Trustees in spight of their Teeth and by the power of the Sword and so free themselves from rendring any account of their Stewardship You may not demuâ—re to the Jurisdiction of the Court. If you do they let you know that they over-rule your Demurrer and affirm their own Jurisdiction Reason is not to be heard against the Highest Jurisdiction the Commons of Engl. make a direct and positive Answer either by denying or confessing and put in immediately an issuable Plea Guilty or Not Guilty of the Charge or we will record your Default and Contumacy and by an implicite confession take you Guilty proconfesso and immediately give Judgement against you This as I told you before is it that blanches the Deer into the Toile But God deliver us from that Jurisdiction that is too high to hear Reason and that overrules Demurrers before they be heard I have told you as much of the proceedings of this Court as the Novelty Obscurity Uncertainty and confusion thereof will give me leave Let me now by way of overplus give you the great dangers and Slavery that will befall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their antient Legall Trialls by Enditement and Juries of the Neighbourhood then which the whole world cannot boast of a more equall way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Bloud Cromwells New Slaughterhouse which hath neither Law Justice Conscience Reason Presisident or Authority Divine or Humane but onely the pretended Parliaments irrationall Votes and the Power of the Sword to maintain it which will prove a Cittadell over their Liberties a Snare to their Estates a Deadfall to their Lives and Scandall to their honors and Families if not timely opposed 1. By the Law The Enditement must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Libeâ—ties of England but in this dead-water our turning Tide between the old Regall and this New unknown Government no man knows how to do look or speak for fear of contradicting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundless lawless New Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governors in Concreto naming them For there being no Treason without Allegeance And Allegeance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made particularly known to us who they are or where to be found or what their power Duty or Office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not Subjects Since the Duties of Allegeance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by Lawless votes like Turkish Tartarian and Russian Slaves I cannot owe nor perform Allegiance to those Individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegeance no Treason for in all Enditements of High Treason it must be alleaged That the Accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverb In Trust is Treason Now where there is no profession of Allegeance there is no Acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegeance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdom by Souldiers to owe Allegeance to Cromwell the Bruer Scot the Bruers Clerk Bradshaw the Murderous Petty fogger Sir Henry Mildmay the Court Pander and
debere legibus interrogari nequeat qui jus aequum ferre non potest in eum vim haud injustam fore No man ought to advance himself above the powers of the Law he that will not submit to equal right if he be cut off by violence suffers no wrong but this is to be understood of the eminency and greatness of the person not of the greatness of the crime whereof no man is to be forejudged because a great crime may prove a great calumny until a legal trial have adjudged it But there is no person in England so eminent for power or Authority but that the least of Bradshaws Ban-dogs can drive him to the Slaughter-house make him offer his throat to Keeble Therefore Animadversio Gladii if at any time lawful is now unlawful To make great examples upon men of little power is great injustice But the way of this Court is not Animodversio per Gladium It is a Mocking a Counterfeiting an Adulterating and Alchimisting of Justice it is to falsifie her weights and ballance and steal her sword to commit Murder withall See Col. Andrews three Answers 6. By the known Laws Matter of fact is intrusted to the Jury matter of Law to the Judges to prevent all errours combinations and partiallities The Judges are sworn to do justice according to the Law the Jury are sworn to finde according to their evidence But in this high Court the Commissioners or Judges are all packed confiding men chosen by and out of one party to destroy all of a different party They usurp the office of Judges not being sworn to deal well and lawfully with the people as by the said Stat. 18 Ed. 3. nor to do justice according to the Law But only to execute powers given by the said Act 26. Mar. 1650. And they arrogate as Jury-men to be Triers of the Fact without being sworn to find according to evidence So that they are Judges Juries and parties for ease of their tender consciences without any Oath of Indifferency A most excellent Compendium of Oppression They may go to the Devil for injustice and not be forsworn Great is the priviledge of the godly 7. The prisoner may except against his Jurors either against the Array if the Sheriff or Bayly impannelling the Jury be not wholly disingaged and indifferent both to the cause and to the parties prosecuting and prosecuted or against the Poll he may challenge 35 peremptorily as many more as he can render legal cause of challenge for As for defect of estate or other abilities or for partiality Disaffection Engagement Infamy But this Array of Jury-men Judges a Medley so new we know not how to express it though picked and empannelled by an engaged remainder of the Commons and abnoxious to all exceptions must not be challenged their backs are too much galled to indure the least touch Take heed you scandal not the Court cries Mr. Atturney See Col. Andrews three Answers 8. Many exceptions in a legal Trial are allowed against Imperfections Vncertainties and Illegallities in the Bill of Endictment for the advantage of the Prisoner But no Exceptions are allowed against these illegal Articles of Impeachment which are made uncertain intricate and obscure and ambiguous purposely to puzle confound and entangle the Respondent 9. By the Law a bill of Endictment must have two full and clear lawful witnesses to every considerable Matter of Fact both at finding the Bill and at the Trial. Where there is but one witness it shall be tried by combate before the Earl Martial Cooke ibidem Cooks 3. Instit pag. 25 26. And Probationes debent esse luce clariores Proofs must be as clear as the Sun not grounded upon Inferences Presumptions Probabilities And the Prisoner must be Provablement Attaint saith the Stat. 25. Ed. 3. chap. 2. Cooks 3. Instit pag. 12. The word attainted shews he must be legally proceeded with not by absolute power as formerly had been used and as is now used by this bloody High Court But before these Slaughter-men of the High Court all manner of witnesses Legal or Illegal one or two sworn or not sworn or apparently forsworn and suborned and all proofs clear or not clear are sufficient The Prisoner is sent thither foredoomed and hath its deaths Mark his fate in his forehead 10. The said Act 26. March 1650. carries two faces under one hood and looks backwards as well as forwards To facts precedent as well as subsequent the said Act contrary to the nature of all Laws whose office is to prohibit it before it punish to warn before it strike Where St. Paul defineth Sin to be the breach of Commandement or Law I had not known Sin but by the Law The Law must therefore be precedent to the Offence But these Acts are not Laws to admonish but Lime-twigs and Traps to ensnare and catch men See Col. Andrews 3. Answers at the latter end of this book Fourthly and lastly I am to consider To what end and purpose this new invented High Court is constituted and appointed Concerning which see a Letter dated 6. June 1650. Stilo veteri from the Hague supposed to be Walter Stricklands the Parliaments Agent there as I finde it in Walter Frosts brief Relations of some affairs and transactions c. from Tuesday June 11. to June 18. 1650. wherein the Epistoler hath these words One piece of the cure viz. of the dangers that threaten your new State must be Phlebotomy but then you must begin before Decumbency and then it wil be facile to prevent danger c. they are here most of all afraid of your high Court of Justice which they doubt may much discourage their party they wish you would not renew the power thereof but let it expire then they think that after Michaelmas they may expect Assistance with you And indeed that Court is of almost as much use to you as an Army and will prevent the rising of as many Enemies as the other will destroy only you must be sure to execute Justice there with all severity A few of the first stirrers taken away by the power thereof without respect to cousin or Countrey will keep all the rest quiet But whosoever that Court condemns let them be as already dead c. But let them be most free in cutting the vena Coephalica that is the Presbyterian Party for the Basilica or Royal Party will be latent The Median or Levellers would be spared as much as may be that the body be not too much emaciated Besides the blood is most corrupt in the Coephalicks or Presbyterians and is the very causa continens of your disease You need not fear to take freely of this vein c. Here you see this State Mountebank gives you the use and application of this corrasive The High Shambles of Justice so fully that I shall not need to comment upon it And in the latter end of a Letter from Cromwel dated from Dunbar 4. Sept.
Justice or signed the Warrant for execution of any person there condemned Thus by the blessing of God I have waded through the many intricate Meanders and Revolutions untill at last I have as it were brought you by the hand to see that desperate Faction of Indepencency as one may say laid into its Grave all the heads thereof being so annihilated by the Iustice of the known Law of the Land that I hope its memory shall be raked up in such an Eternal forgetfulnesse that posterity seeing no foot-steps thereof shall conceive it to be a bare name a mere notion or aliquid non ens of which in nature there can be no subsistance An Appendix HOw far the Treasons of faction have reached and how high they durst soare is to be seen before I shall onely now in short give a hint how highly the Law of England resents such impious acts I say then the wisdome and foresight of the Laws of this Land in all cases of Treason maketh this judgement that the Subject that riseth or rebelleth in forcible to over-rule the royal will and power of the King intendeth to deprive the King both of Crown and Life and this is no mystery or quidity of the Common Law but an infallible conclusion drawn out of reason and experience for the Crown is not a ceremony or Garland but as Imperial consisteth of preheminence and power This made former Traytors in all their quarrels against their Princes not to strike down-right because God unto Lawful Kings did ever impart such beams of his own glory as Rebels never durst look straight upon them but ever turned their pretences against some about them this caused the Judges sometime to deliver their opinions for matter in Law upon two points The first that in case where a subject attempteth to put himself into such strength as the King shall not be able to resist him and to force and compel the King to govern otherwise then according to his own royal authority and direction it is manifest rebellion The second that in every Rebellion the Law intendeth as a consequent the compassing the death and deprivation of the King as foregoing that the rebel will never suffer that King to live or raign which might punish or take revenge of his treason And this is not onely the wisdome of the Laws of our own Kingdome but it is also the censure of forraign Laws the conclusion of common reason which is the ground of Law and the demonstrative assertion of experience which is the warranty of all reason For the first the Civil Law that saith Treason is nothing else but Crimen Laesae vel dimminutae Majestatis making every offence which abridgeth or hurteth the power and authority of the Prince as an insult or invading of the Crown and extorting the imperial Scepter And for common reason and experience they cry it is not possible that a Subject should once come to that height as to give law to his Soveraign but what with terror of his own guilt and what with the insolency of the change he will never permit the King if he can chuse to recover his authority nay or to live Experience further tells us and 't is confirmed by all stories and examples two notable ones we had formerly in our own Chronicles the first of Edw. the 2d who when he kept himself close for danger was summoned by proclamation to come and take upon him the Government but as soon as he presented himself was made prisoner next forced to resign and shortly after was tragically murthered in Berkly-Castle The other is of K. Rich. the second before whom the Duke of Hereford afterwards K. Hen. the 4th presented himself with three seemingly humble but indeed flattering reverences yet in the end both deposed him and put him to death but our own experience outvies all else in the Horrid murther of our late dread Soveraign which is related in the former parts the punishment whereof is fully related in this last part and therefore I shall no more thereof in this place You may have observed that the practice of our Regicides was after they had ruined the Gentry to advance their own kindred and allyes though never so insufficiently unworthy to the most profitable places of the Common wealth by which means all kind of exorbitances were committed without controul the Death of the King being attended with infinite oppressions as in such changes is usual which made Writers say that the Death of Caesar was no benefit to the Romans but rather brought greater Calamities on them they underwent befere as may be found in Aspian The success was the like when Nero fell for the next year that followed after his Death felt more oppression and spilt more blood then was shed in all those nine years wherein he had so tyrannically reigned So when the Athenians had expelled one Tyrant they brought in thirty and when the Romans expelled their King they did not put away the Tyranny but only change the Tyrants But such and so tender is the hand of heaven over us that he hath not only restored our Kings as at the first and all our Counsellors as at the beginning but brought us home our King so accomplished and pious that we must needs confesse with the Children of Israel because the Lord hath a delight in us therefore hath he made him King over us Oh then let us render without grudging unto Caesar the things that are Caesars acknowledge him as Gods immediate Vicegerent not prescribing him in what manner we will be ruled nor by what means But in all things with obedience and humility to submit to his command like Julian the Apostata's Soldiers who would not sacrifice at his words sed timendo potestatem contemnebant potestatem in fearing the power of God they regarded not the power of man yet when he led them against his enemies Subditi errant propter Dominum eternum etiam Domino Temporali I will conclude all with one word of Advice Since God hath so bettered our condition that our words are hardly able to express our happinesse to avoyd the danger of a relapse through a too carelesse security let circumspection moderation take away all bitternesse rather reflecting on the offences then the persons of any offenders so it may be those concerned will not be so desperate to proceed on further in their wicked courses but with speed retire and make some recompence to inâ—ured parties by their future provident endevours for the Common good And for these Loyal hearts who have borne the brunt of the storm both at home and abroad since God hath rescued them as brands out of the fire 't is hoped they will be nothing the more secure in their vigilant care of future occurrences having alwayes a provident eye for the timely prevention of such inconveniencies as might steal on them in their own or be intended against them from forrain parts That so the Throne of our Solomon may continue for ever and peace be upon our Israel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sed bene velle meretur veniam Cicero THE END ☞ There is now in the Press ready to come forth that so much desired Book intituled An Exact History of the Life and Actions of Hugh Peters As also his Diary Sold by H. Brome and H. Marsh c.