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A96821 The history of independency, with the rise, growth, and practices of that powerfull and restlesse faction. Walker, Clement, 1595-1651. 1648 (1648) Wing W329A; Thomason E445_1; ESTC R2013 65,570 81

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impeached hereafter Sir John Maynard the same day was called to Answer Against Sir John Maynard He desired a Copy of his Charge with leave to Answer in writing by advice of Councell as the 11 Members formerly did To examine witnesses on his part and crosse examine their witnesses But these requests were denye● and he Commanded to answer ex tempore He gave no particular Answer but denyed all in generall as Col Pride whom he cited for his President had formerly done at their Barre He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary Generall Copley whose case differed little The 8 of Sept. the Earl of Suffolke Lincolne Middlesex Against the 7 Lords the Lords Barkley Willoughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for levying war against the King Parliament and Kingdom The Earle of Pembroke then sent to Hampton-Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelyn the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rodde And so the engaged Lords had their House to themselves according to their desires 50 50. Schismaticall Petitions The 14. Sept. a Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from those Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Oxfordsh Bucks Berkesh was delivered the House against diverse Members sitting in the House enemies to God and Godlinesse enemies to the Kingdome c. Vsurpers of Parliamentary Authority who endeavoured to bring in the King upon His owne Tearmes They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of the two Speakers might be removed there was a clause against Tythes c. in it Such another Petition came but the day before from Southwarke These Petitions were all penned by the engaged party of the Houses and Army and sent abroad by Agitators to get subscriptions The ayme of these Petitions The designe was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the engaged party but 59 to expell the greater party being above 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army daily recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the Sea is the common Receptacle of all waters because those who had no hope to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to petition against Tythes Enclosures and Copy hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the hand from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interloping discourses omitted let us again return to these prodigious Impeachments Against the Lord Mayor Aldermen and Citizens The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent up to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor Generall Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Cōmons Bar to see what they could say for themselves Contrary to Magna Charta 29. chap. and contrary to 28 Edw. 3. enacting that no man shall be put out of his Land c. nor taken nor Imprisoned c. nor put to death c. without being brought to answer by due processe of Law That is according to the Stat. 42 Edw. 3. ch 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ originall according to the old Law of the Land not according to new invented Articles of impeachment but according to those Laws that were well known and old in Edw. 3. time see Stat. 37 Edw. 3. 1 Edw. 6. ch 12. 6 Edw. 6. ch 11. and the Stat. 25 Ed. 3. saith no man shall be taken by Petition or sugestion made to the King or his Councell c. and the House of Peers is no more but the Kings Councell as anon I shall make evident It was moved by divers that these Gent 51 51. Arguments against impeachments before the Lords might be Tried according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and equalls to judge of matter of fact alleaging that the Common Law was the Birthright of all the free people of England which was one of the three Principles for which the Parl so often declared in print that they fought and for defence wherof they had entred into a Covenant with their hands lifted up to God the other two principles were Religion and Liberties 1. The Lords were not Peers to the Commoners At the Common Law they shall have sworn Judges for matter of Law of whom they may aske questions in doubtfull poynts nor can they be Judges in their own cases 2. They have sworn Jurors of the neighbourhood for matters of fact whom they may challenge 3. The known Laws and Statutes for rules to judge by which in case of Treason is the Stat. 25 Edw. 3. you cannot Vote nor declare a new Treason And if you could to do it ex post facto is contrary to all rules of justice The Apostle saith Sin is a breach of a Commandement or Law I had not known sin but by the Law the Law therefore most go before the Sin 4. At the Common Law They have Witnesses openly and newly examined upon oath before the Accused's face who may except against them and cross examine them 5. Even in Star Chamber and Chauncery where only hearings are upon Testimonies the Examiners are sworn Officers 6. A man hath but one Tryall and Judgment upon one accusation so that he knows when he hath satisfied the Law In this way of proceeding all these necessary legalities are laid by and these Gentlemen have not so much fair play for their Lives and Estates as Naboth had for his Vineyard he had all the formalities of the law yea he had law it self yet he had not justice because they were the sons of Belial that were set before him what shall we conceive these Witnesses are that do not appear nay
when the House was ready for the question Cromwell brought up the Reare Cromwell's Speech And giving an ample character of the valour good affections and godlinesse of the Army argued That it was now expected the Parliament should govern and defend the Kingdome by their own power and resolutions and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardned That those men who had defended the Parliament from so many dangers with the expence of their bloud would defend them herein with fidelity and courage against all opposition Teach them not by neglecting your owne and the Kingdoms safety in which their owne is involved to think themselves betrayed and left hereafter to the rage and malice of an irreconcilable enemy whom they have subdued for your sake and therefore are likely to find his future government of them insupportable and fuller of revenge then justice lest despair teach them to seek their safety by some other means then adhering to you who will not stick to your selves And how destructive such a resolution in them will be to you all I tremble to think and leave you to judge Observe he laid his hand upon his Sword at the latter end of his Speech that Sword which being by his side could not keep him from trembling when Sir Philip Stapleton baffled him in the House of Commons This concluding Speech having something of menace in it was thought very prevalent with the House 66 66. The four Bills for no addresses nor applications passed The first of the foure Questions being put That the two Houses should make no more addresses nor applications to the King The House of Commons was divided 141. yeas 91. noes so it was carried in the affirmative The other three Votes followed these votes with facility see them in print 67 67. The Committee of S●fety revived and enlarged The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night and then the dores were unlocked and what Members would suffered to go forth whereby many Presbyterians thinking the House had been upon rising departed when presently the House being grown thin the Vote to revive the Committee of both Kingdoms called the Committee of Safety at Darby House passed by Ordinance dated 3. Janu. 1647. in these words Resolved c. That the powers formerly granted by both Houses to the Committee of both Kingdomes viz. England and Scotland in relation to the two Kingdomes of England and Ireland be now granted and vested in the Members of both Houses only that are of that Committee with power to them alone to put the same in execution The originall Ordinance that first erected this Committee and to which this said Ordinance relates beareth date 7. Feb. 1643. in which the English Committees were appointed from time to time to propound to the Scottish Commissioners whatsoever they should receive in charge from both Houses and to make report to both Houses to direct the managing of the War and to keep good correspondency with forain States and to receive directions from time to time from both Houses and to continue for three moneths and no longer The Members of this Committee are now The Earl of Northumberland Ro. Earl of Warwick The E. of Kent Edw Earl of Manchester Will. Lord Say Se●● Phil. L. Wharton John Lord Roberts Will. Pierre poynt Sir Henry Vane sen Sir Gilbert Gerrarde Sir Will. Armine Sir Arthur Hasterig Sir Hen. Vanc Iun. John Crew Rob. Wallope Oliver St. Johns Sol. Oliver Cromwell Samu. Browne Nath. Fiennes Sir John Eveline Iunior But this Ordinance 3 Janu. 1647. vests the said powers in the Members thereof only and alone words excluding the two Houses and for a time indefinite There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin Junior in place of Mr. Recorder and the Earl of Kent in stead of the Earl of Essex 22. Janu. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppresse Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give orders and directions to all the Militia and forces of the Kingdome The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68 68. White-Hall and the Mewes Garrisoned Friday 14 Janu. after a long debate it was ordered that Sir Lewis Dives Sir John Stowell and David Jenkins be tryed as Traitors at the Kings Bench the Grand Jury had found the Bill against Jenkins Master Solicitor c. appointed to manage the businesse * but Jenkins is so great a Lawyer See Iudge Jenkins Remonstrance to the Lords and Commons of Par. 21. Feb. 1647. that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth then the Law wherefore the Solicitor found an Errour in the Indictment turned him back againe upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now 12. of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to dinner yet the Independents sate still and finding the House for their turne moved That a Letter might be forthwith sent to Sir Tho Fairfax to send a convenient number to Garrison White-Hall and a party of Horse to quarter in the Mewes The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed diverse forces were upon their March towards the Towne and came to White-Hall Saterday following by eight of the Clock in the morning Saterday 15. Janu. 69 69. The Armies Declaration thanking the Commons for their 4 Votes The Army sent a Declaration to the House of Commons Thanking them for their 4 Votes against the King and promising to live and die with the Commons in defence of them against all opponents Many of the Lords had argued very hotly against the said 4 Votes insomuch that it was ten Lords to ten but this engagement of the Army 70 70. The Lords passe the 4 Votes and the unexpected garrisoning of White-Hall and the Mewes turned the scales so that they passed the said 4 Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about 12. of the clock the House being thin Dennis Bond moved That whosoever should act against those 4 Votes or incite others to act against them should be imprisoned and sequestred Three or four dayes after the Lords had passed the said 4 Votes 71 71. The Army thanks the Lords the Army vouchsafed