and legal way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most material He denied he was more frequent at their meetings than ordinary For his silence he alleged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and reprehensions in his Speech to them So the Recorder withdrew And presently Haslerig according to his custom moved judgment might be given against him To which was answered that the Recorder denied the principal parts of his Charge and offered proofs by Witnesses you must give him that leave or take all parts of his speech for granted as well that makes for him as against him Two or three days more will make this business ripe for judgment let him have one judgment for all If you judge him now to be expelled the House he is already fore judged and that will be a leading case to a farther judgment for who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation and shall never know when he hath sati fied the Law an endless vexation Yet Haslerig moved he might receive judgment now for what was already proved or confessed to be expelled the House saying The Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and farther impeached hereafter Against S John Maynard Sir John Maynnrd the same day was called to Answer He desired a copy of his Charge with leave to Answer in writing by advice of Counsel as the 11. Members formerly did to examine Witnesses on his part and cross examine their Witnesses But these requests were denied and he commanded to Answer ex tempore He gave no particular Answer but denied all in general as Col. Pride whom he cited for his president had formerly done at their Bar. He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary General Copley whose case differed little Against the 7. Lords The 8. of Sept. the Earls of Suffolk Lincoln Middlesex the Lords Berkley Willioughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for leavying War against the King Parliament and Kingdom The Earl of Pembroke then sent to Hampton Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelin the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rod and so the engaged Lords had their House to themselves according to their desires 50. Schismatical Petitions The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from the Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Ox fordshi Bucks Berksh was delivered to the House against divers Members sitting in the House Enemies to God and Godliness Enemies to the Kingdom c. Usurpers of Parliamentary authority who endeavoured to bring in the King upon his own Tearms They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of Tythes c. in it Such another Petition came but the day before from Southwark These Petitions were all penned by the engaged party of the Houses and Army The aym of these Petitions and sent abroad by Agitators to get subscriptions The design was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the ingaged party but 59. to expel the greater party being about 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army dayly recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the sea is the common Receptacle of all waters because those who had no hopes to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to Petition against Tythes Enclosures and Copy-hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the Land from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interlopping discourses omitted Against the Lord Major Aldermen and Citizens let us again return to these prodigious Impeachments The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor-general Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Commons Bar to see what they could say for themselves contrary to Magna Charta 29. ch and contrary to 28. Edw. 3. enacting That no man shall be put out of his Land c. nor taken nor Imprisoned c. or put to death c. without being brought to answer by due process of Law That is according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ oâ—iginal according to the old Law of the Land not according to new invented Articles of Impeachment but according to those Laws that were well known and old in Edw. 3. time See Stat. 37. Ed. 3. 1. Ed. 6. ch 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith No man shall be taken by Petition or suggestion made to the King or his Counsel c. and the House of Peers is no more but the Kings Counsel as anon I shall make evident 51. Arguments against impeachments before the Lords It was moved by divers that these Gent. might be tryed according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and Equals to judg of matter of fact alleging that the Common Law was the Birthright of all the free People of England which was one of the 3.
excluding the two Houses and for a time indefinite * The Members of this Committee are now the E. of Northumberland Robert E. of Warwick the E. of Kent Ed. E. of Manchester Wil. L. Say and Seal Phil. L. Wharton Jo. L. Roberts Wil. Pierrepoint Sir Hen. Vane sen Sr. Gilbert G rrard Sr. Wil Armine Sr. Ar. Haslerig Sr. Hen Vane jun. Jo. Crew Rob. Wallope Oliver St. Johns Sol. O. Cromwel St. Brown Natha Fiennes Sr. Jo. Evelin jun. There were then added to this Committee Nathaniel Fiennes in place of Sir Phil. Stapleton Sir John Evelin junior in place of M. Recorder and the Earl of Kent instead of the Earl of Essex 22 Jan. following the Lords sent down a Message for a farther power to this Committee which was granted in these words Power to suppress Tumults and Insurrections in England c. and at Barwick and for that purpose the Committee to have power to give Orders and Directions to all the Militia and Forces of the Kingdom The addition of four Lords and eight Commoners likewise to this Committee was desired but denyed 68. Whitehall and the Mews Garrisoned Friday 14 January after a long debate it was ordered that Sir Lewis Dives Sir John Stowel and David Jenkins be tryed as Traytors at the Kings Bench the Grand Jury had found the Bill against Jenkins Mr. Solicitor c. appointed to manage this business * See Judge Jenkins's Remonstrance to the Lords and Commons of Parliament 21. Feb. 1647. but Jenkins is so great a Lawyer that the Solicitor durst not venture upon him the long sword being more powerfull in his mouth than the Law wherefore the Solicitor found an Errour in the indictment turned him back again upon the House to be impeached before the Lords to whose Jurisdiction he pleaded so the Solicitor put the affront from himself upon the Houses It was now twelve of the clock and many of the Independent party began to cry Rise rise The Presbyterians thinking all had been done many went to Dinner yet the Independents sate still and finding the House for their turn moved That a Letter might be forthwith sent to Sir Thomas Fairfax to send a convenient number of Foot to Garrison White-hall and a party of Horse to quarter in the Mews The Lords concurrence was not desired to this Vote but the Letters immediately drawn and sent Observe that before this Vote passed divers forces were upon their March towards the Town and came to White-hall Saturday following by eight of the Clock in the morning Saturday 15. Jan. The Army sent a Declaration to the House of Commons Thanking them for their 4. Votes against the King 69. The Armies Declaration thanking the Commons for their 4. Votes 70. The Lords pass the 4. Votes promising them to live and die with the Commons in defence of them against all Opponents Many of the Lords had argued very hotly against the said four Votes insomuch that it was 10. Lords to 10. but this engagement of the Army and the unexpected garrisoning of White-hall and the Mews turned the scales so that they passed the said 4. Votes only adding a short preamble little to the purpose holding forth some reasons for passing them to which the Commons when they came down assented When presently about twelve of the clock the House being thin Dennis Bond moved That whosoever should act against those 4. Votes or incite other to act against them should be imprisoned and sequestred Three or four days after the Lords had passed the said 4. Votes 71. The Army thanks the Lords the Army vouchsafed to spit thanks in their mouthes and make much of them These 4. Votes were generally sinisterly taken and filled mens minds with suspicion what form of Government the Grandees would set up now they had laid by the King and every mans mind presaged a new War which they conceived the Independent Grandees were willing to have to colour their keeping up this Army and raising money to maintain them and every man began to lay the project of a new war at their door notwithstanding by way of prevention they had Impeached divers Members and Citizens of London for endeavouring a new War when they did but raise men for their self-defence To shew the people therefore the reasons of these 4. Votes 72. The Declaration against the King the Independent Grandees appointed a Committee to search into the Kings conversation and errors of his Government and publish them in a Declaration to the World wherein they objected many high crimes against Him concerning His Fathers death the loss of Rochel and the Massacre and Rebellion in Ireland which upon debate in the House were very much moderated by the Presbyterians of which Declaration I will only say that they have set forth no new matter therein which they have not formerly published in parcels since which time they have taken and caused others to take the National Covenant whereby they vow to maintain the Kings Person Crown and Dignity in defence of Religion Laws and Liberties and therefore to reprint only the same things as arguments to lay by the King savours more of design than justice I will wade no farther in the censure of the said Declaration lest I imitate the Authors of it and as they by a feeble accusation have done the King much right so I by a weak defence should do him much wrong 73. Tho. Haslerig's Letter concerning the King The people were as ill satisfied with this Declaration as with the 4. Votes wherefore 24. Feb. Mr. Speaker with much seriousness presented to the House a Letter out of Leicester-shire from Thomas Haslerig brother to Sir Arthur which was read to this purpose That there was one Mr. Smalling a Committee-man of Leicester-shire who had been a Deputy examiner in the Star-Chamber and affirmed that above twenty years since there being a sute in Star-Chamber between the Earl of Bristol Complainant and the Duke of Buckingham Defendant concerning Physick presumptuously administred by the said Duke to King James the said Smalling took many Depositions therein and was farther proceeding in the Examinations until a Warrant signed by the King was brought him commanding him to surcease and to send him the Depositions already taken which Smalling did yet kept notes by him of the Principal passages doubting what farther proceedings might be hereafter in a business of such importance Sir Henry Mildmay moved that Smalling be sent for and examined upon Oath by the Committee that penned the said Declaration but upon motion of the Presbyterians he was Ordered to be examined at the Commons Bar. Smalling came produced the Warrant but no Notes so this Chimaera vanished What the said Committee would have made of this who knows God bless us all from clandestine examinations especially when they are taken by parties pre-ingaged 3. Caroli This business had been ventilated and examined against the Duke and no mention made of poysoning or killing
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
him and appoint the time for his Coronation which was accordingly with much State pompe and Ceremony performed on the first of January following at Schone the particulars whereof I shall not enter upon severall relations thereof being already extant His Majesty thus invested in his throne undauntedly proceeds to secure both his person and Kingdom K. raiseth an army to which end he begins to raise and levy an Army both of horse and foot which in short time by the conflux of loyal hearts from all parts became even formidable to its Enemies especially having their Prince engaged in person whose every hair was valued at ten thousand lives and an equall sharer with them in all things As they did encourage the hearts and strengthen the hands of all that were faithfull so they were a torment of Spirit to the insulting Enemy who for the present seeing that force alone would not serve the turn politickly resolves to undermine and weaken them by division among themselves knowing that rule to be true Divide impera and indeed so it proved for with so much divellish cunning did the English work Scots divided that they procured Straughan with some forces together with Ker to declare against the King Lastly with others stand for Kirk and King But Brown Middleton c. with the best and honest part of the Army vow to sacrifice their Lives and Estates in defence of the Kings person In this tottering and unstable condition stood affairs when Cromwell alwayes mindfull to lay hold on the first advantage and being certainly informed of the height and heat of these divisions he takes time by the forelock and striking while the Iron was hot he sends to Straughan and wins him over to him to fight against his lawfull Soveraign rejoycing to have debauched such a Souldier whose infidelity must now make him sure to Cromwell not daring to rely on the good of those whom he had so trayterously deceived the remaining two parties continuing yet in their feuds are at length to prevent the destruction of both The royalists and Kirk reconciled by the care of the Parliament then sitting taken into consideration and reconciled by the equal distribution of commands upon the most eminent persons of both factions under one only head and Generall commander which was the King himself By this union being again become considerable yea and indeed in a posture of defence the King deliberately sets forward toward the Enemy who hearing of it with more both fury and expedition marcheth to meet him And here you might have observed the different means used by two potent armies to destroy each other Cromwell would ruine the King by fighting the King endeavours to conquer Cromwell by delaying never were Hanniball and Fabius so truly patterned as at this time for the King knowing it to be an invading Army took the best means to break it by delayes getting away all provision that the Enemy might have no forrage and as occasion served giving ground till some notable advantage might be found as might give an hopes if not an assurance of a victory and according to expectation so had it proved for being desirous to fight and hearing the King intended to pass at a certain narrow Island Fight in life thither he commandeth two Regiments against whom Brown did march with five or six fell on them and in probability had destroyed them utterly had not relief come with speed and in the nick of time whereby after a hot and eager fight for some hours both parties retreated with no small loss to either yet such was the fortune of that ambitious wretch Cromwell that notwithstanding this and that his Majesty had still a good Army in the field he over-ran the whole Country and conquered with less difficulty than he marched which his Majesty perceiving he resolves on new designes and accordingly within a short time with his choysest friends and the remains of his Army amounting to 16000. he privately gives Cromwell the go-by and marches by Carlisle into England K marches into England so have I seen a bird decoy the greedy fowler from her loved nest by a seeming neglect thereof in the retiring from it It was generally believed that the Kings arrivall in England would have been a motive to all that loved him to stir and shew themselves in armes for his defence but such was their hard fate and sad misery at that time that they durst not stir the yoke lay so heavy that it was imprisonment if not death but to look towards the King yet maugre all devices against him he came through all the North into Warrington in Lancashire K. wins Warâ—ington bridg where at a bridge the passage was disputed with the Enemy who did endeavour to break it down but with such advantage that the Rebells were forced to fly and leave the King master of the place Comes to Worcester from whence with his whole Army he marched towards Worcester where contrary to the rules both of reason and war and contrary to his own mind and resolution overswayed by the treacherous Counsel and perswasions of some too neer and in too great command about him he stayed what might be the motives to delude the King into such a trap the L. G. is better able to give account off than my pen but where treason lies in the heart there must all things of force be bad no relations ties or duty can hold or convince him who hath sold his conscience About this time the whole Kingdom having taken the Alarum run in troups and multitudes some one way some another severall of the Gentry particularly the Earls of Derby and Cleveland the Lord Howards Eldest Son Collonel Howard with many others bring what strengths in such a confusion of affairs and streight of time they could gather together but to little purpose for they are as it were besieged within the City of Worcester all the Counties of England having powered out their auxiliary forces against that place to heighten and increase whose malice Cromwell is sent to head them Now might you have seen Herod and Pontius Pilate reconciled and both against Christ Those two restless and adverse factions the Presbyterian and Independent faction could joyn together both in their armes and prayers against his sacred Majesty belching forth the scandalous language of their ulcerous tongues to incense the People and bring them into frenzy against those few poor despised loyall ones so indeed they did those very pretended Ministers not only preaching but largely contributing to the raising of more forces from day to day yea some of them going in person to assasinate the poor inclosed Royalists who yet resolved that though they foresaw their ruine as not being able without a miracle to cope with such an innumerable multitude they would sell their lives at a dear rate and make some of the purchasers at least share in an equall fate with them and so in
Skippon when he had spoken any thing in the House prejudicial to the King or City about a Week after when the venom he hath spet hath wrought its effect and is past remedy usually complains in the House that his words are carried forth of the House and maliciously and falsly reported in the City to his disgrace and danger and repeating in a more mild and qualified way some part of what he had formerly said appealed to the House Whether that were not the full truth of his words When the House having forgotten his former words no man can and for fear of the envy and malice of a powerfull Faction no man will contradict him this is his way of Apologizing and clearing himself He hath got above 30000 l. in his purse besides 1000 l. a year land of Inheritance given him by the Parliament He hath secured his personal Estate beyond Sea and his Wife and Children and thereby withdrawn all pawns and pledges of his Fidelity both out of the power of the Parliament and City and is here amongst us but in the nature of a souldier of fortune Note that upon the said 15 day of July when the debate was for Voting the Scots that were come in Enemies c. the first question was put 106. D. Hamiltons Army Voted Enemies that all such Scots as are or shall come into England in hostile manner without consent of both Houses of the Parliament of England were Enemies c. but upon farther debate the words or shall were left out upon this Consideration that the Earl of Argyle might happily come into England with a Party and fall upon Duke Hamilton in the rear to divert him July the 20. The Speaker told the Commons 110. D. Hamilton's Letter and Decaration brought to the House that Major General Lambert had made stay of a Scottish Gentleman one Mr. Haly-barton who passed through his quarters with Letters from D. Hamilton to the two Houses and the King that he found about Mr. Haly-barton divers private Letters for the carrying of which he had publick on Authority and therefore Lambert made bold to seal those private Letters in a packet by themselves with his own seal and Mr. Haly-bartons That Lambert had sent up Mr. Haly-barton with one Lieut. Col. Osburn a Godly Scottish Gent. and another Keeper in nature of a Prisoner 111. L. Col. Osburn a fugitive Scot. This Osburn delivered that private packet to the Speaker so a Committee was named to peruse that private packet and Osburn was called into speak what he knew who delivered at the Bar that the Godly party in Scotland were oppressed and trodden under foot by Duke Hamilton's party that their very souls we afflicted at his proceedings that the Kirk of Scotland with one mouth proclaimed in their faces their engagement and proceeding thereupon to be damnable and destructive he desired the House not to look upon these proceedings as the Act of the Nation of Scotland since there were a great many Godly men who hoped the Lord would enable them in his good time to march into England with the Marquesse of Argyle and fall into the rear of Duke Hamilton with a diversion He reported the Scots that came in to be but 8000 Horse and Foot and Langdale but 2000. Then was read the Letters of D. Hamilton wherein He complaineth no answer had been given to the Parliament of Scotlands just desires of the 26 April last that by authority of the Scottish Parliament he was necessitated to come into England according to the Covenant and not without the invitation of divers wel-affected English who had taken the Covenant There was a Declaration inclosed in the Letters which the prevailing party obstructed the reading of yet the Lords having printed it they have since read it in the House and presently the question was put that all such English as have invited the Scots under D. Hamilton to come in hostile manner into England shall be declared Traytors and carried in the Affirmative I formerly told you that about 12 July Weaver moved that the Prince of Wales might be Voted a Traitor what they could not then carry with a fore-wind they now brought in again with a side wind but who doubts but the Prince invited in the Scots to the relief of his Father and himself oppressed and imprisoned contrary to the Solemn League and Covenant by a Rebellious Army and a schismatical party of both Houses engaged with the said Army And that the Scots are come in according to the Covenant only 112. A motion in the House of Commons to Bayl Rolf. A little before this time Tho. Scot Sir P. Wentworth Blackstone C. Harvy Hill the Lawyer and others pressed the House with much earnestness to Bayl Rolf committed Prisoner to the Gate-house upon the Complaint of Mr. Osburn for endeavouring to make away the KING uâ—ing many words in his commendation for his godliness and faithfulness and complaining of his hard usage in Prison where he lay amongst Rogues It was opposed by many because High Treason is not baylable by the Law neither is the House of Commons a Court of Judicature and therefore can neither Imprison nor Bayle any but their own Members At last Mr. Sam. Brown moved that a Committee might examine the businesse for matter of Fact and report to the House and then the House if they saw cause might Bayle him and bind over Master Osburn to prosecute him next term in the Kings-bench This motion took effect and great care was taken for the present that Rolf might have better entertainment in the Gate-house according to his quality having been not long since a Shoo-maker one of the Gentle-craft 113. The Speakers Warrant to search for the Foot-boy that beat Sir Hen. Mildmay About this time 2 Files of Musketiers by warrant from the Speaker of the House of Commons came in the dead time of the night to the Houses of Sir Paul Pynder and Alderman Langham pretending to search for the Foot-boy that beat Sir H. Mildmay They forced open the doors of Sir Pauls house and searched with great diligence but could not do the like at Alderman Langham's who being guilty of having some Money in his House durst not adventure to obey the Warrant and open his doors nor had he reason to do it his House by the Law being his Castle of Defence the privilege thereof not to be violated but in case of Felony or treason Compare the diligent prosecutions in the behalf of Sir Harry Mildmay with the slack and negligent proceedings in the behalf of the King and you will find a new practical Law contrary to the old known established Law that a trespasse against a Grandee though but a Subject is more than a treason against a King Fears and Iealousies arising from several Informations as that of Croply and Hyde called 114. Fears and jealousies cause the City to resume the power of their own Militia The Resolutions of
Speaker of the House of Commons worth 2000 l. per an besides rewards for courtesies not to say Bribes Master of the Rolls worth 3000 l. per an beside the sale of Offices Chamberlain of Chester in the Earl of Darbies place And until of late Chancellor of the Dutchey of Lancaster worth 1230 l. per an and one of the Commissioners of their great Seal worth 1500 l. per an and had 6000 l. given him at one time by the House 2. Bulstrode Whitlock Commissioner of the great Seal worth 1500 l. per an and had 2000 l. given him out of Mr George Minn's estate 3. Edmund Prideaux formerly a Commissioner for the great Seal worth 1500 l. per an Now by Ordinance practices within the Bar as one of the Kings Councel worth 500 l. per an and is Postmaster for all Inland Letters worth 100 l. every Tuesday night beside his supper and it was thus got The Lord Stanhop the Postmasters and Carriers of England complained in Parliament against Mr. Witherings and others touching the carrying of Letters whereupon the benefit of forein Letters were given to the Earl of Warwick worth 5000 l. per an and the Inland Letters to Mr. Prideaux good Parliament Justice 4. Roger Hill a Barrester of the Temple in no practice nor of a considerable estate till this Parliament hath now from the House the Bishop of Winchesters Mannor of Taunton Dean being the best of England and worth 1200 l. per an when the estates for lives determine 5. Humphrey Salway the Kings Remembrancer in Mr. Fanshaw's place worth 200 l. per an 6. Francis Rous Provost of Eaton in Dr. Stewards place worth 600 l. per annum and hath got a College Lease worth 600 l. per annum 7. John Lisle Barrester of the Temple Master of St. Crosses in Dr. Lewes his place being a place for a Divine and worth 800 l. per annum 8. Oliver St. John by Ordinance both Attorney and Solicitor to the King worth what he please to make it and hath the passing of all Pardons upon Commissions worth 40000 l. 9. Sir William Allison Alderman of York Clerk of the Hamper worth 1000 per an he hath Crabb-Castle worth 600 l. per an Sometimes the Bishop of Yorks in York-shire 10. Thomas Hoile Alderman of York Treasurers Remembrancer in the Exchequer in Sir Peter Osburn's place worth 1200 l. per annum 11. Thomas Pury Senior first a Weaver in Glocester then an ignorant Countrey Solicitor had 3000 l. given him and Mr. Gerrards place in the Petty-bag worth 400 l. per an 12. Thomas Pury Junior Son to the Elder Receiver of the Kings Rents in Glocester and Wilts Clerk of the Peace of Glocester-shire worth 200 l. per an and Captain of Foot and Horse the first year of this Parliament servant to Mr. Towneshead an Attorney of Staple Inne 13. William Ellis Steward of Stepney worth 200 l. per an and by him sold to one of the Temple 14. Miles Corbet at the beginning of the Parliament 3000 l. in debt for himself and his Mother more than he was worth now one of the Registers in Chancery worth 700 l. per an besides Chair-man for scandalous Ministers worth 1000 l. per an And hath money in his purse 15. John Goodwyne the other Register in Chancery worth 700 l. per annum 16. Sir Thomas Widdrington a Commissioner of the great Seal worth 1500 l. per. an 17. Edward Bishe Garter Herauld in Sir Edward Walkers place worth 600 l. per an 18. * Walter Strickland Agent in Holland for the two Houses of Parliament worth to him 5000 l. 19. Nicholas Love Mr. Speakers Chamber-fellow one of the six Clerks in Chancery in Mr. Penruddocks place worth 2000 l. per annum 20. Sir Gilbert Gerrard much in debt before the Parliament pay-master to the Army and had 3d. per pound allowed besides Gratuities worth 60000 l. and now Chancellor of the Dutchey worth 1200. per an 21. Gilbert Gerrard his second son Clerk of the Dutchey and for whose benefit the Clerk-ship of the Assize in Norfolk is granted to Mr. Edward Garret his Cozen by the procurement of Sir Gilbert and is worth 500 l. per an 22. John Selden had given him 5000 l. of which he received 2500 l. pound 23. * John Bond Son to Dennis Bond a Parliament man made Master of Trinity-Hall in Cambridge which Mr. Selden refused to accept of 24. Sir Benjamin Rudiard given him 5000 l. And hath he not deserved it 25. * Lucas Hodges Customer of Bristol 26. Sir John Hipsley hath the keeping of three of the Kings Parks Mary-bone-Park that was Mr. Carewes Hampton-Park and Bushy-Park and given him 2000 l. in Money 27. Sir Thomas Walsingham the Honour of Eltham that was the Earl of Dorsets the middle-Park and house which was Master Whines and hath cut down 4000. Timber Trees 28. Benjamine Valentine given him 5000 l. 29. * Sir Henry Heyman given him 5000 l. 30. Denzell Hollis given him 5000 l. 31 * Nath. Bacon given him 3000 l. 32. * John Steevens given him out of the Lord Astley's Composition 1000 l. 33. * Henry Smith made one of the six Clerks worth 2000 l. per annum 34. Robert Renolds had 2000 l. given him Besides Abingdon-Hall and the Lands worth 400 l. per annum Hath bought a good penny-worth of Bishops Lands hath 20000 l. beyond Sea as he made appear upon his Mariage 35. Sir John Clotworthy Treasurer for Ireland and by the Army charged with defrauding of the State of 40000 l. which may be one reason the King could never get an Account of the monies raiâ—ed for the Irish though he desired it 36 â—ohn Ashe given him out of Mr. John Coventry's Composition 4â—00 l. out of Sir Edward Mosely's 1000 l. out of Mr. Edw. Phâ—â—'s 1200 l. out of Sir John Powel's estate 8000 l. And which is wâ—â—ll this is the great Chairman at Goldsmiths Hall Is not this better than cloathing 37. * John Lenthall son to the Speaker made one of the six Clerks worth 2000 l. per annum 38. * Francis Allen a poor Goldsmith at St. Danstans in Fleetstreet now made a Customer for London In honour of whom clipped moneys are called Allens 39. Giles Green the Reciver of York-shire being put out of his place got it for his Son-in-Law is Chair-man for the Navy and for Sir Thomas Daws his estate and what it was worth to him Sir Thomas Daws his Creditors will tell you for they got nothing 40. Francis Pierpoint hath the Arch-bishop of York's Lands lying in Nottingham-shire 41. William Pierpoint hath 7000 l. given him and all the Earl of Kingston's personal Estate worth 40000 l. 42. * John Palmer Mr. of All-Souls in Oxford in Doctor Shelden's place a Divine 43. * John Blackeston a poor shop-keeper in New Castle was Executor to the Executor of Sir John Fenner trusted with 6000 l. for Charitable uses and was sued in Chancery to perform the trust but got himself returned a
Birkhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last year were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25 Edw. 3. for limitation of Treasons as in an infectious season all diseases turn to the plague and were then discharged for want of matter to make good the Charge are now again imprisoned in the first year of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons until they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KINGS time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner and a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legal means to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintain him in it Sir Henry Mildmay lately coming to the Tower and perceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates out of his parasitical diligence told the Lievtenant of the Tower 219. Sir Har. Mildmay's Politick Observations Chaste Conversation and first initiation at Court That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signs upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councel of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho. Scot the Demolisher of old Palaces and Deflowrer of young Mayden-heads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a fair Lady his nearest Ally to his Lust had not she been as Vertuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himself taken with the Wind-collick got an opportunity to insinuate himself into a Citizens house in Cheapside and tempted his Wife but had a shameful repulse but more of this I will not speak lest his Wife beat him and give an ill example to other Women to the prejudice of our other New States-men 220. Felons fetched out of Newgate to inform against Merchants for not paying Customes and their New erected Sodomes and Spintries at the Mulbury-garden at St. Jamses Master Gybs Master of a Ship having caused three fellows to be committed to New-gate upon Felony for Robbing him These Fellows sent to Col. Harvey That if he would procure their Liberty they would discover to him several Merchants who had lately stoln Customes Whereupon Harvey sends for those Rogues out of New-gate hears their Accusation approves it prosecutes the Merchants upon the Information of those Villains discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be imployed in the Navy And one Master Lovel a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to swear how many Bayl 's of Silk he hath come over If the first year of our Liberty make such presidents what Monsters will the Sixth and Seventh year produce All Princes begin with moderation The Elders gave good Councel to Rehoboam Serve the People one day and they will serve thee for ever hereafter Nero had a commendable Quinquennium But our Novice Statists are Tyrants ab incunabilis Oppressors with shels upon their heads from the Nest before they are fledge what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommerhil a pleasant Seat worth 1000 l. a year belonging to the Earle of Saint Albans is given by the Juncto to their Blood-hound Bradshaw so he hath warned the Countess of Leicester who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle which she hath already raised four-fold to quit the possession against our Lady-day next The Protestation and Declaration THe Premises considered I do hereby in the name and behalf of my self and of all the Free people of England Declare and Protest That the General Councel of War and Officers of the Army by their said violent and treasonable force upon the far major more honest and moderate part of the House of Commons being above 250. and leaving only fifty or sixty Schimaticks of their own engaged Party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament and have forfeited their Commissions And the remaining Faction in the House of Commons by abetting ayding and concurring with the said Councel of War in the said rebellious Force and by setting up new illegal and arbitrary Courts of Judicature to Murther King CHARLES the First our lawful King and Governour who by his Writ according to the Law summoned and authorised this Parliament to meet sit Principium Caput finiâ— Parliamenti Oaths of Allegiance and Supremacy and advise with him and was the Fountain Head and conclusion or suâ—matory end of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdome and by Abolishing the House of Peers and the Kingly Office and Dis-inheriting the Kings Children and Vsurping to themselves the Supreme Authority and Legislative Pâ—wer of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetute their said Tyranny and this Army and Govern Arbitrarily by the Power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and return to sect 79 109 110. Stat. of Recognition 1 Jac. Oaths of Algiance and Supremacy Have by the aforesaid wayes and means totally subverted this Common-wealth and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLES the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made