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
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher Faction whatsoever which may arise should at any time hereafter get the upper hand by the peoples general adhering to them or any divisions of the Army or by any means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present General Councel of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnatural tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70 of the Commissioners present Then the King was brought to the Bar by Col. Hacker with Halberdiers the Mace of the Court conducting him to his chair within the Bar where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation Prove this power and trust The whole Kingdom in effect deny it So do all our Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First January 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverley in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and also on or about the twenty third day of October in the same year at Edgehill and Keinton-field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred fourty and three at Cavesham-bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord one thousand six hundred forty and six He the said Charles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured and procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by Him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainement and commission for the continuing and renewing of Warre and Hostility against the said Parliament and People as aforesaid By which cruell and unnaturall Warres by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent bloud of the Free-people of this Nation hath been spilt many Families have been undone the Publique Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of His said evill Designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earle of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designes Warrs and evill practises of Him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personall Interest of Will and Power and pretended prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom He was entrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnaturall cruell and bloudy Warrs and therein guilty of all the treasons murthers rapines burnings spoiles desolations damage and mischief to this Nation acted or committed in the said Warrs or occasioned therby And the said John Cook by Protestation saving on the behalfe of the people of England the liberty of Exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons and crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publique and implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer all and every the premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice The King smiled often during the reading of the Charge especially at these words Tyrant Traytor Murderer and publique Enemy of the Commonwealth President Sir you have now heard your Charge you finde that in the close of it it is prayed to the Court in behalfe of the Commons of England that you answer to your Charge which the Court expects King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story then I think fit at this time for me to speak But there I entred into a Treaty with both Houses of Parliament with as much faith as is possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but that they did very nobly with Me We were upon a Conclusion of the Treaty Now I would know by what lawful Authority there are many unlawfull Authorities Thieves and Robbers on the High-way I was brought from thence and carried from place to place and I know not what and when I know by what lawfull Authority I shall Answer Remember I am your King your lawfull King and what sinns you bring upon your own heads and the judgment of God upon this Land think well upon it think well upon it I say before you go on from one sinne to a greater therefore let me know by what
enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisoner and are charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I do plead for the Liberty of the people of England more then you do and therfore If I should impose a beleefe upon any man without Reasons given it were unreasonable Bradsh Oh Brutish Asinine Kingdome to be Governed by an up-start Authority without use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against you Sir The Vote of the Commons of England assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by all Laws that ever I heard all men may put in Demurrers against any proceedings as Illegall and I do demand that if you deny that you deny Reason Bradsh Over-rule a Demurrer without Argument If a man may not Demurre to the Jurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurr to the Jurisdiction of the Court if You do I must let you know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirme their own Jurisdiction King I say Sir by your favour That the Commons of England were never a Court of Judicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the people of England of High Treason and other high crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you do this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I do require that I may give My Reasons why I did not Answer and give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Jurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I took defended My selfe with Armes I never took up Armes against the People but for the Laws Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d. daies Trial of His Majesty Tuesday January 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cook May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Bar before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Sandard for Warre against his Parliament and People and I did humbly pray in behalf of the People of England That he may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Jurisdiction of the Court which the Court did then over-rule and command Him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgement against Him I might presse your Lordship upon the whole That according to the knowne rulâ—s of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the charge given against him whereby he may come to a faire Triall that by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the emnant â—f the House of Comm. had fâ—rejudged the King before they â—rected this new Court to sentence him and claime a Jurisdiction as well as a Sâ—preme Authority That the House of Commons the Supreme Authority and
Jurisdiction of the Kingdome they have declared That it is notorious that the matter of the charge is true as it is in truth my Lord as cleare as crystall and as the Sun that shines at noone-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalf severall Witnesses to produce and therefore I do humbly pray and yet I do confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Justice and Judgement and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw Sir You have heard what is moved by the Councel on behalfe of the Kingdome against you you were told over and over againe That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did persist in such carriage as you have no manner of obedience nor did you acknowledge any authority in them nor the high Court that constituted this high Court of Justice Sir I must let you know from the Court that they are very sensible of these delaies of Yours and that they ought not being thus Authorized by the Supreme Court of England be thus trifled withall and that they might in Justice and according to the rules of Justice take advantage of these delayes and proceed to pronounce Judgment against you yet neverthelesse they are pleased to give direction and on their behalf I do require you That You make a positive Answer unto this charge that is against you in plaine Tearmes for Justice knowes no respect of Persons you are to give your positive and finall Answer in plaine English whether you be guilty or not guilty of these Treasons laid to your charge King When I was here Yesterday I did desire to speak for the Liberties of the people of England I was interrupted I desire to know yet whether I may speak freely or not Bradsh Sir You have had the resolution of the Court upon the like question the last day and you were told that having such a charge of so high a nature against you Your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your charge when you have once Answered you shall be heard at large make the best defence You can But Sir I must let you know from the Court as their commands That You are not to be permitted to Issue out into any other diâ—â—â—â—â—ses till such time as You have given a positive answer concerning the matter charg'd upon you King For the charge I value it not a Rush it is the Liberty of the people of England that I stand for for Me to acknowledge a new Court that I never heard of before I that am your KING that should be an example to all the people of England to uphold Justice to maintaine the old Lawes Indeed I do not know how to do it you spoke well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my people the same Obligation you spake of I do acknowledge to God that I owe to him and to My people to defend as much as in Me lies the antient Laws of the Kingdome therefore untill that I may know that this is not against the fundamentall Lawes of the Kingdome I can put in no particular Answer if you will give Me time I will shew you My Reasons and this here being interrupted the King said again Whether these breaches and interruptions were made by Bradshaw or whether they are omissions and expunctions of some material parts of the King's Speech which this licenced Pen man durst not let downe I Know not I hear much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes By your favour you ought not to interrupt Me How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publique Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty then I was hurried away and brought hither and therfore Bradsh Sir You must know the pleasure of the Court. King By your favour Sir Bradsh Nay Sir by your favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court the Court craves it not of You but once more they command You to give your positive Answer Clerke do your Duty King Duty Sir The Clerke reads Charles Stuart King of England You are accused in behalfe of the Commons of England of diverse high Crimes and Treasons which Charge hath been Read unto You The Court now requires You to give Your positive and finall Answer by way of confession or deniall of the Charge King Sir I say againe to you so that I may give satisfaction to the People of England of the clearnesse of My proceedings not by way of answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a New Court against their Priviledges to alter the fundamentall Lawes of the Kingdome Sir you must excuse me Bradsh Sir This is the third time that You have publiquely disavowed this Court and put an affront upon it how far You have preserved the priviledges of the people Your actions have spoken but truly Sir mens intentions ought to be known by their actions You have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerke Record the default and Gentlemen you that took charge of the Prisoner take Him back againe So the King went forth with His Guards and the Court adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England 83. The fourth and last dayes Triall of His Majesty Saturday 27. Jan. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes after him 67. Commissioners answered to their Names The King came in in His wonted posture with his Hat on a Company of Souldiers and Schismaticks placed about the Court to cry for Justice Judgement and Execution The people not daring to cry God blesse Him for fear of being againe beaten by the Souldiers Bradsh Gentlemen it is well knowne to all or most of you here present that the Prisonâ—r at the Bar hath been severall times convented and brought before this Court to make Answer to a charge of High Treason and other high crimes exhibited against Him in the Name
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a Share in the Government that is nothing pertinent to them a Subject and a Soveraign are clean different things and therefore until you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See Sect. 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the Impudence to answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had his Head severed from his Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Pettyfoggers Braâ—shaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever do presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chief Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Laws
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
to the Parliament his Souldiers merits with whom the sooner to endear them he is more than usually familiar and the Parliament have no sooner voted him 1000 l. to buy him a Jewell as a mark of their favour but he presently distributes it among his Souldiers endeavouring by that and all other means to engage them wholly to himself so as to venture in one bottom with him he yet carried himself so that his ambitious design was not discovered and that he might the better conceal at this time Sir George Booth Sir G. B. taken who had fled from the battle at Northwich in Cheshire was taken at Newport-Pannel in disguise upon notice whereof he is committed close prisoner to the Tower of London for high Treason in levying warr against the Parliament and Common-wealth and that a Committee be appointed on purpose to examine him all which was done accordingly and Sir Henry Vane and Sir Arthur Haselrig two Saints of the Divells last edition went to him to take his examination While things are thus in handling here Lambert seeks cunningly to get all the strength of those Counties into his own hands which the Parliament at his request grant him by giving him power to seize all armes for their use as he pretended in the same of which piece of service they seemed to be very glad as also of letters that came out of Scotland assuring Generall Monkes fidelity to them against the interest of the Stuarts or any other whatsoever so that now they began to descant on the late design laying all the blame on the loyall party A triall of the royall family whose game they said it was though he least appeared in it taking occasion also from thence to blast the royall family with hellish scandalls the safety of which the divine providence hath alwayes had a particular and peculiar care of but as it were in despight of Heaven they are not content with all their former wickednesses of banishing exiling and railing against their lawfull Soveraign but now they will enforce all to renounce him which in September they Resolved in these words Oath of abjuration J. A. B. Do hereby declare that I renounce the pretended title of CHARLS STUART and the whole line of the late King James and of every other person as a single person pretending to the Government of these Nations of England Scotland and Ireland and the Dominions and Territories thereunto belonging And that I will by the grace and assistance of Almighty God be true faithfull and constant to this Common-wealth against any King single person and house of Peers and every of them and hereunto I subscribe my name Thus may every one see that it was not to amend or reform any errours in the State but only their particular malice to the Royall line and covetousness after their Estate that made them run into such desperate designes wherein having so deeply engaged themselves that there was no going back they mean to make all sure to their interest and to that end take into debate in the beginning of September the matter of the Government and referred it to a Committee upon the votes in 1648. The blindness of the Juncto To prepare something in order to the settlement of the Government on or before the tenth of October See here the indiscretion of these men after a ten years unsettlement and bringing all into confusion in all which time they have minded nothing but their own private wealth and till this last minute of time have not so much as thought of resettling and that they now have is so weakly that it tends no further than to an offer thus running willingly into one crime they daily perpetrate new ones without any sense of evill or will of amending attributing the guilt of their faults to all that endeavour either to reform or punish them The business of Cheshire thus blown over and the great hopes that were grounded thereon blasted the Juncto fall to their old humour of raising money no less will serve their turn than 100000. l. a moneth besides Excise and Customes â—â—xes and excise confirmed new delinquents made and militia arreas collected together with the hoped benefit that would arise from the sequestred Estates of new Delinquents and least any thing should escape them the 16th of September they vote That such persons as have been assessed to find horses and Armes by vertue of the Act of Parliament for setling the Militia and have not brought in their horses and Armes nor paid in lieu thereof the summ of money appointed by the said Act. That every such person and persons do under the penalty in the said Act mentioned pay after the rate of ten pounds for an horse and Armes for such number of horses and Armes respectively as they have been charged to find Resolved That such person and persons as have been assessed to find Armes for a foot Souldier and have not sent in the same or money in lieu thereof do under the penalties in the said Act mentioned pay respectively for every such foot Armes such summ of money as the Commissioners shall appoint not exceeding twenty five Shillings for every such foot Armes 'T is no matter you see by this whether any Horse or Armes be brought in at all so that the money be paid Oh! 'T is the money that adds Life and Legs to a decrepit and dying old cause The Grandees would never take so much pains unless an extraordinary profit also waited thereon which they resolve to compass though with the extreamest hazards whereof there began to be some kind of an appearance by the growing of heart-burnings and multiplying fears and jealousies between their late great Champion Lambert and themselves The Juncto grow suspitious o Lambert the sparks of which animosities growing into a flame quickly increased to that height that not daring to trust him any longer with the Army they send a seeming courteous Letter to invite him home which he taking no notice of any thing further than the pretended outside fair shew acceps of and on the 20th of September returnes accordingly to London but immediately before his arrivall there the Juncto He comes to London to shew the great charity wherewith they abounded took into consideration how to cozen the poor Knights of Windsor and to ingross into their hands all Hospitals and their reveneues by these two following votes Viz. Tuesday September 20th 1659. Resolved That it be referred to a Committee to look into the revenue for maintenance of the poor Knights of Windsor The Juncto intend to seize on all Hospitalls and convert their rents to examine what the same at present is and will be for the future after Leases expired and to see that the charitable uses to which the said revenue was granted be performed and the residue to be answered to the use of the Common-wealth by all means pray take a care of that and to
they fell through pride and ambition as most conceive became the very foulest Devils in Hell so the most resplendent seeming hypocriticall Saints when they fall through the like sins and have power in their hands become the most incarnate Devils and Monsters of treachery and tyranny upon earth exceeding Turks and Pagans therein of which we have now sad experience in our Army-Saints who every day aggravate and yet justifie their impieties and exorbitances 2 Chron. 28.11 Now hear me therefore and deliver the Captives again which ye have taken Captives of your Brethren for the fierce wrath of God is upon you Will Pryn. 64. Another forg'd Letter endeavoured to be fastned upon Sheriff Brown The Saints having nothing to say against Major Gen. Brown unless they should accuse him for being true to King Parliament City and Kingdom and to all the first declared Principles of this Parliament fell to their old trick to fasten another counterfeit Letter upon him wherefore a Man coming to S. Jame's where he was then imprisoned desired in the hearing of all present to speak with him in private Major Gen. Brown told him He was not for private conference and bade him speak openly then the Fellow presented a Letter to him saying It was from the Prince but Major Gen. Brown remembring the like trick put upon him before called for the Guard to apprehend him when presently the Messenger threw the Letters into the fire and the Marshall catching them out halfe burnt affirmeth He saw Charles Prince written upon them Sanctified eyes may see through the spectacles of their own fantasie what they please to accomplish their Design and therefore they have a new principle or light which as the 7. May be added to the aforesaid 6. that though they have no proofs nor evidence against a man yet if in their consciences they think him guilty they may condemn him upon the testimony of their own consciences this is to condemn by Revelation such whose bloud they desire to suck This supposed Messenger from the Prince was seized by the Guard but no proceedings against him heard of which argues it was but a snare set to catch the Major About this time to second this device a man gallantly clothed and mounted comes to the Beare in the Strand 65. Another more general forgery to endanger whom the Faction please It will be proved that divers Witnesses have bin practised and tampered with against Mr. Brown and others gives the Hostler a Peece and bids him have a care of his Horse then goes into the City and the Plot being forelaid was taken there with Letters subscribed with the Princes name to divers Citizens and Members against whom they want matter of accusation I hear no more of this matter yet this is a device dormanâ— to be awakened hereafter if any shall oppose the present actings of the Army and their Parliament Cromwell Ireton and Hugh Peters have several times made it their errand to go into the City and visit the Ministers giving them threatning Admonitions not to preach any thing against the Actings of the Army and their Parliament 66. London-Ministers threatned See the Ministers of Londons Letter to the General called A serious Representation Dated Jan. 18. 1648. But Hugh acted his part above them all he took some Musketiers with him to the house of Mr. Calamy and knocking at the door a Maid asked whom he would speak with he told her with her Master she asked his name he replied Mr Hugh Peters the Maid going up the stairs to acquaint her Master who was above-stairs in conference with some Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the General to warne him to come before him Mr. Calamy leaving Peters vapouring and canting Religion and non-sense to the rest of the Divines slipt down staires and went to the General to know his pleasure telling him He had bin summoned before him by Hugh Peters the General said Peters was a Knave and had no such directions from him Since this 67. The C. of War consider how to shut up the Churches doors the Council of Warr finding it difficult to stop the Ministers mouths have sundry times debated How to shut up the Churches doors in the City for Reformation of the Church and propagation of the Gospel they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES and threaten to try him for his life in the Upper Bench forsooth which all the Lawes call the Kings Bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Câ—mmons for their concurrence Jan. 9. The Lords sate again and passed some Ordinances which they sent down to the Commons for their concurrence to feel their pulse wâ—ether they would vouchsafe to take so much notice of them the Commons laid them aside after some expresâ—ions of disdain 69. Sergeant Dandy proclaimeth the sitting of the new H Court of Justice This day Sergeant Dandie Sergeant at Arms to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder and some Officers attending him all bare and 6. Trumpeters on horsback before him Guards of Horse and Foot attending in both the Palace-yards the 6. Trumpeters sounded on horseback in the middle of the Hall and the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit tomorrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Great Seal voted to be broken This day the remainder of the House voted their Great Seal to be broken in order to the making of a new one justly putting the same affront upon their own Seal which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Junto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speak his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onelie under
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
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
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 Peace a Book called A Declaration of the Parliament of England expressing
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