shall contrary to this Act Proclaime c. Shall be deemed and adjudged a Traytor and suffer accordingly Notwithstanding which inhibition the 2. February 1648. 95. A Proclamation privately printed scattered proclaiming CHARLS the secōd was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland WEE the Noblemen Iudges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England doe according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaime the Jllustrious CHARLS Prince of Wales next heire of the blood Royall to his Father King CHARLS whose late wicked and trayterous murther we doe from our soules abominate and all parties and consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royall Person Crowne and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we doe hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first yeare of His Majesties Reigne God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vote that such Members as had assented to the Vote 5. Dec. shall sit no more others to enter their dissēt and disapprovall passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a setlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter thier dissent to the said Vote such as were absent should declare thier disabbrovall before they sit You see the cheating Godly are resolved to keep all to themselves This day thier tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in the substance of the Message was That thier Lordships had appointed 7. 97. The Lords send a Message to the Comm but the messenger not called in of their House to joyne with a proportionable number of Commons to consider of a way how to settle this Nation Monday 5. Febr. 1648. The Commons debated whether they should continue the House of Lords as a Court Iudicatory or Consultory onely And the day following they put this Question Whether this House shall take the advice of the House of Lords in the exercise of the Legislative power of the Kingdome in pursuance of the Votes of this House 4. Iann last This was carried in the Negative by many Voices 98. The house of Lords voted downe in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted downe their Priviledge of being exempt from Arrests yet they graciously condescended they shal be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Lawes and reason captive and is almighty against all but the Councell of the Army The 8. Febr. 99. A Protestation of Peeres came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realme against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Lawes and Regall Government of this Kingdom and enslave the People to their boundlesse Tyranny in stead of Freedome The Protestation followeth VVE the Peers Lords and Barons of this Realme of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Lawes and Liberties of this Kingdome the Hereditary Freedome of all the Freemen of this Nation and our owne affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdome unsufferably injured and deeply afflicted Doe after a long patient expectation of their owne ingenious Retractations of such unjustifiable Exorbitances which their owne judgments and consciences cannot but condemn whereof we now utterly despaire being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemne League and Covenant publikely declare and protest to all the world That by the Lawes and Customes of this Realme and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any VVitnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-headed at their Barre but never yet to stand covered much lesse to sit vote or give Iudgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Iurisdiction to make or publish any forme or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to passe any Act or Acts to erect a new High Court of Iustice to trie condemne or execute the meanest Subject least of all their owne Soveraigne Lord and King or any Peere of the Kingdome who by the Common and Statute Lawes of this Realme and Magna Charta ought to be tried onely by their Peers and not otherwise or to Dis-inherit the right Heire to the Crowne or to alter the fundamentall Government Lawes Great Seale or ancient formes of processe and legall proceedings of this Realme
cunning The House passed an Act that the Oath underwritten 106. A new Oath for the Free-men of London and other Corporations and no other be administred to every Free-man of the City of London at his admission and of all other Cities Burroughs and Townes Corporate YOu shall sweare that you will be true and faithfull to the Common-weath of England and in order thereto you shall be obedient to the just and good Government of the City of London c. 107. An Act to repeal the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statutes 1. EliZ. 3. Iacob enjoyning the Oaths of Allegiance Obedience and Supremacy That the said Oathes and all other Oathes of the like nature shall be and are hereby wholly taken away the said Clauses in the said Acts be made void and null and shall not hereafter be administred to any Person neither shall any place or office be void hereafter by reason of the not taking of them or any of them any Law Custome or Statute to the contrary notwithstanding 108. Another Declaration and Protestation of the secured secluded Members In opposition to these tyrannous destructive illegall and trayterous proceedings of 40. or 50. cheating Schismaticks sitting nuder the force and promoting the Jnterests of will and power of the rebellious Councell of Officers in the Army The secured and secluded Members of the House of Commons Declared as followeth * A publike Declaration and Protestation of the secured secluded Members of the House of Commons Against the treasonable illegall late Acts proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. VVE the secured and secluded Members of the late House of Commons taking into our sad serious Considerations the late dangerous desperate and treasonable proceedings of some few Members of that House not amounting to a full eighth part of the House if divided into ten who confederating with the Officers and Generall Councell of the Army have forcibly detained and secluded us against the Honour Freedome and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdomes peace and contrary to their Oaths of Allegiance and Supremacy their Protestation the Solemne League and Covenant and sundry Declarations and Remonstrances of both Houses to His late Murdered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all foraigne States and Nations since our exclusion and forced absence from their Counsels by reason of the Armies force most presumptuously arrogated and usurped to themselves the Title of The Supreme Authority of this Kingdome and by colour and pretence thereof have wickedly and audaciously presumed without and against our privities or consents and against the unanimous Vote of the House of Peers to erect a High Court of Iustice as they terme it though never any Court themselves to Arraigne and Condemne His Majesty against the laws of God and the municipall Lawes of the Realme which Court consisting for the most part of such partiall and engaged Persons who had formerly vowed His Majesties destruction and sought His bloud most illegally unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Iurisdiction and without any lawfull Authority or proofe against Him or legall Triall presumed most trayterously and impiously to Condemne and Murder Him and since that have likewise presumed to Trie and Arraigne some Peers and others free Subjects of this Realme for their Lives contrary to Magna Charta the Petition of Right the Lawes of the Land and the Liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Laws of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of VVales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of Descent and proclaimed it Treason for any Person to Proclaime Him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannical lawlesse power to themselves to Vote down our antient Kingly Monarchicall Government and the House of Peers and to make a new Great Seal of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall stile of VVrits proceedings in the Courts of Iustice to create new Iudges and Commissioners of the Great Seale and to dispense with their Oathes of Supremacy and Allegiance and to prescribe new Oathes unto them contrary to Law though they have no Authority by any Law Statute or Custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and beeing of Parliaments for which Treasons Strafford and Canterbury though leste criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burroughs for which we serve doe by this present Writing in our own Names and in the Names of all the Counties Cities and Burroughs which We represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We doe from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our Consents as treasonable wicked illegall unparliamentary tyrannicall and pernitious both to the King Parliamt Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said Confederates shall not speedily retract and desist
thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of setlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me doe go on believe it the Commons of England will not thank you for this change for they will remember how happy they have bin of late yeares under the Reigne of Queen Elizabeth the King my Father and My selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamentall Lawes of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleare Reasons to convince My Judgement shewing Me that I am in an errour and then truely I will readily answer or that you will withdraw your proceedings This I intended to speake in Westminster-hall on Munday 22. Ianuary but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of VVrits and Legall proceedings The 27. Ian. The Commons read the Act for Altering the formes of Writs and other procedings in Courts of Iustice which according to all our knowne Lavvs the custome of all Ages and the fundamentall Government of this Kingdome ever ran in the King's Name This Act upon the Question vvas assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr of VVales or any of the Kings Issue to be proclaimed King of England The I unto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaime Prince Charles or any of that line King of England after the removall of King Charles the Father out of this life as is usually ought to be done by all Mayors Bayliffs of Corporations High Sheriffs c. under high penalties of the Law for their neglect or shall proclaime any other vvithout the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought sit to be inflicted on them shall speake or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands feet liberties and consciences vvere long since tied up novv you are tongue-tied Upon motion the House ordered 89. The Bishop of London appointed by the Ho to administer spirituall comfort to the condemned King and the Kings usage by the Army See Mr. Io Geree's Book against Good-vvin called Might over-comming right And Mr. Pryn's Epistle to his Speech 6. Dec. 1648. That Doctor Iuxon Bishop of London should be permitted to be private vvith the King in His Chamber to preach and administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councell of Warre apointed that vveather-cocke Iohn Goodwin of Coleman-street the Balaam of the Army that curseth and blesseth for Hire to be Superintendent both over King and Bishop so that they could hardly speak a word together without being over-heard by the long-schismaticall-eares of black-mouthed Iohn Besides I heare that for some nights a Guard of Souldiers was kept within His Chamber who with talking clinking of pots opening and shutting of the dore and taking Tobacco there a thing very offensive to the Kings nature should keep Him watching that so by distempering amazing Him with want of sleep they might the easier bring Him to their bent 28. Ianuary being the last Sabbath the King kept in this life 90. A Paper-booke of Demands tendered to be Subscribed by the King the Sunday before He died See sect 94. some of the Grandees of the Army and Parliament tendered to the King a Paper-booke with promise of Life some shadow of Regality as I heare if He Subscribed it It contained many particulars destructive to the fundamentall Government Religion Lawes Liberties Property of the People One whereof was instanced to Me viz. That the KING should amongst many other demands passe an Act of Parliament for keeping on foot the Militia of this Army during the pleasure of the Grandees who should be trusted with that Militia and with power from time to time to recruit and continue them to the number of 40000. Horse and Foot under the same Generall and Officers with power notwithstanding in the Councell of Warre to chuse new Officers and Generals from time to time as occasion shall happen and they thinke fit and to settle a very great Tax upon the People by a Land Rate for an established pay for the Army to be collected and leavied by the Army themselves and a Court Martiall of an exorbitant extent and latitude His Majesty as I heare read some few of the Propositions throwing thē aside told them He would rather become a sacrifice for His People then betray their Lawes and Liberties Lives and Estates together with the Church and Common-wealth and the Honour of His Crowne to so intollerable a Bondage of an Armed faction Monday 29. Ianu. 1648. The legislative half-quarter of the House of Commons 91. The Stile and Title of Custodes libertatis Angliae voted to be used in legall proceedings instead of the style of the King These Goalers of the Liberties of England are Individuum vagum not yet named See a Continuation of this madnesse in an Act for better setling proceedings in 〈◊〉 of Iustice according to the present Government Dated 17. Feb. 1648. voted as followeth hearken with admiration Gentlemen be it enacted by this present Parliament and by Authority of the same that in all Courts of Law Justice equity and in all Writs Grants Patents Commissions Indictments Informations Suits Returnes of Writs and in all Fines Recoveries Exemplifications Recognizances Processe proceedings of Law Justice or Equity within the Kingdoms of England or Ireland Dominion of Wales c. instead of the Name Stile Teste or Title of the KING heretofore used that from henceforth the Name Stile Test or Title Custodes libertatis Angliae authoritate Parliamenti
shall be used and no other and the Date of the yeare of the Lord and none other and that all Duties Profits Penalties Fines Amerciaments Issues and Forfeitures whatsoever which heretofore were sued for in the name of the KING shall from henceforth be sued for in the name of Custodes libertatis Angliae authoritate Parliamenti and where the words were Iuratores pro Domino Rege they shall be Iuratores pro Republica and where the words are contra pacem dignitatem coronam nostram the words from henceforth shall be contra pacem Publicam All Judges Justices Ministers Officers are to take notice thereof c. and whatsoever henceforth shall be done contrary to this Act shall be and is hereby declared to be null and void the death of the King or any Law usage or custome to the contrary notwithstanding c. 92. Another device to mortifie the King The King lay in White-hall Saturday the day of his Sentence and Sunday night so neer the place appointed for the separation of His Soule Body that He might heare every stroke the Worke-men gave upon the Scaffold where they wrought all night this is a new device to mortifie Him but it would not doe 93. Tuesday 30. Ian. 1648. was the day appointed for the Kings Death He came on Foot from Saint Iames's to White-hall that morning His Majesty coming upō the Scaffold made a Speech to the People which could onely be heard by some few Souldiers and Schismaticks of the Faction who were suffered to possesse the Scaffold and all parts neare it and from their Pennes onely we have our informations His Majesties Speech upon the Scaffold and His Death or Apotheosis The KING told them THat all the world knew He never began the Warre with the two Houses of Parliament and He called God to witnesse to whom He must shortly give an account He never intended to encroach upon their Priviledges They began upon Me it was the Militia they began with they confessed the Militia was Mine but they thought fit to have it from Me and to be short if any body will look to the Dates of the Commissions Theirs and Mine and likewise to the Declarations will see cleerly that They began these unhappy Troubles And a little after He said I pray God they may take the right way to the peace of the Kingdome Souldiers Rebelling against their Master or Soveraigne though they prevaile cannot claime by conquest because their quarell vvas perfidious base and sinfull from the beginning But I must first shew you how you are out of the way and then put you into the right way First you are out of the way for all the way you ever had yet by any thing I could ever find was the way of Conquest which is a very ill way for Conquest is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond the first Quarrell that you have that makes it unjust in the end that was just in the beginning but if it be onely matter of Conquest then it is a great Robbery as the Pyrate said to Alexander and so I think the way that you are in hath much of that way Now Sirs to put you in the way believe it you will never doe right nor God will never prosper you untill you give him his due the King that is My Successor his due and the People for whom I am as much as any of you their due 1. You must give God his due by regulating rightly his Church according to his Scripture which is now out of order to set you in a way particularly now I cannot but onely a Nationall Synod freely called freely debating amongst themselves must settle this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My selfe I will onely give you a touch of it 3. For the people and truely I desire their Liberty and Freedome as much as any man whatsoever I must tell you their Liberty and Freedome consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a share in the Government that is nothing pertinent to them a Subject and a Soveraigne are cleane different things and therefore untill you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See sect 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the impudence to ansvver the Dutch Ambassadours That vvat they had done to the King vvas according to the Lavv of the Land They meant that their Lusts are the Lavvs of the Land for other Lavv they can shevv none This was the effect of His Majesties Speech who shewed much magnanimity and Christian Patience during all the time of His Triall and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had His. Head severed from His Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Petty foggers Bradshaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this auntient Kingdome is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King the Commons sent abroad Proclamations into London and all England over reciting 94. Proclamations published against proclaiming the King That whereas severall pretences might be made to this Crowne and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever doe presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chiefe Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat vsage or custome to the contrary notwithstanding Who shal judge whē these Fellowes wil be thougt free and whē not and whosoever
or to make or declare High Treason to be no Treason or any Act to be Treason which in it selfe or by the Law of the Land is no Treason or to dispose of any Offices or Places of Iudicature or impose any penalties Oaths or Taxes on the Subjects of this Realme And therefore we doe here in the presence of Almighty God Angels and Men from our hearts disclaime abhorre and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Iustice to trie condemne or execute the King or any Peers or Subject of this Realme which for any Person or Persons to sit in or act as a Iudge or Commissioner to the condemning or taking away the lifte of the King or any Peere or other Subject VVe declare to be High Treason and wilfull Murther to Dis-inherit the Prince of Wales of the Crowne of England or against proclaiming him King after his Royall Fathers late most impious trayterous and barbarous murther or to alter the Monarchicall Government Lawes Great Seale Iudicatories and auncient formes of VVrits and Legall processe and proceedings or to keep up or make good any Commissions Iudges or Officers made voyd by the Kings bloody execution or to continue any old or raise any new forces or Armies or to impose any new Taxes Payments Oathes or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamentall Lawes of the Realme or to make any new Iudges Iustices or Officers or set aside the House of Peers farre antienter than the Commons House and particularly this insolent and frantique Vote of theirs Feb. 6. That the House of Peers in Parliament is uselesse and dangerous and ought to be abolished and that an Act be brought in for that purpose to be not onely void null and illegall in themselves by the Lawes and Statutes of this Realme but likewise treasonable detestable tyrannicall and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personall safety of the Kings of England the fundamentall Government and Lawes of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdome and set up Anarchy and confusion in all places All which exorbitant and trayterous Vsurpations We and all free-borne English-men are by all obligations bound to oppose to the uttermost with our lives and fortunes lest We should be accessary to our owne and our posterities slavery and ruine for preventing whereof VVe have lately spent so much bloud and treasury against the Malignant Party whose treasons and insolences they farre exceed * 100. The Kingly Office voted downe After almost 1000 years it is now discovered by these New Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King That is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare that the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publique interest of the People of this Nation and therefore ought to be abolished 101. A Committee to bring in a list of Names for a Councell of State and that an Act be brought in for that purpose A Committee was named to bring in a List of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull downe one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance Instructions were given by the Commons for drawing new Commissions for the Judges 102. New commissions for the Iudges whereof six hold six quit their Places according to the new Antimonarchicall stile and way the new Great Seale being now ready a Committee of the House met the Iudges about it whereof six agreed to hold upon a provision to be made by Act of the House of Commons that the fundamentall Lawes be not abolished This very provision so made by Act of the Commons beside all their former Votes against Monarchy Peerage altering the stile of Writs coynage of Money c. is it self an abolition of the fundamentall Laws This is but a Fig-leafe to cover their shame Those that held were of the Kings bench Mr. Iustice Rolles and Iudge Ierman of the Common Pleas Mr. Iustice St. Iohn and Iudge Phesant of the Exchequer Chief Baron VVylde and Baron Yates those which quitted their Places and kept their consciences were Iustice Bacon Iustice Browne 103. Cyrencester Election But the Clerke of the Crowne certified that between the Committee of Elections and himselfe they could not find the Indentures of returne the House therefore Ordered That they should sit doe de service so they are Burgesses not returned but ordered to sit Sir Tho Beddinfeilde Iustice Cressewell Baron Treaver and Baron Atkins 8. Febr. The Election of the Generall and Col Rich at Cyrencester which never durst see the light before after about 3 yeares lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerke of the Crowne for whom they have not invented a new name yet ordered to mend the returne of the Writ at the Barre * 104. A Declaration That they wil keep the fundamentall Lawes lives why did they erect the High Court of Justice doe still cont nue Martiall Law liberties why doe they presse Seamen then properties why doe they leavie illegal Taxes by Souldiers continue illegal Sequestratiōs They likewise passed a Declaration to this purpose that they are fully resolved to maintaine and shall and will uphold preserve and keep the fundamentall Lawes of this Nation for and concerning the preservation of the lives liberties and properties of the People with all things incident thereunto with the Alterations concerning Kings and House of Lords already resolved in this present Parliament Monday February 12. 105. The Iudges Circutes appointed the Benches filled up and their Oaths altered The Commons appointed the Circuits for those Iudges that held and passed an Act for Compleating the Iudges of the severall Courts filling up the roomes of those that held not with some alterations in their former Commissions and a new Oath to be given them to sweare well and truly to serve the Common-wealth in the Office of a Iustice of the Upper Bench which all our Lawes call the Kings Bench or Common Pleas according to the best of their skill and
Warre against our lawfull Soveraigne under pretence of defending our Lawes and Liberties and the Priviledges of Parliament which themselves onely with a concurring faction in the House have now openly and in the face of the Sunne pulled up by the roots and now they stop our mouths and silence our just complaints with horrid Sect. 162. illegall and bloudy Acts Declaring words and deeds against their usurpations and tyranny to be High Treason nothing is now Treason but what the remaining faction of the House of Commons please to call so To murder the King breake the Parliament by hostile force put downe the House of Lords erect extrajudiciall High Courts of Iustice to murder Men without Triall by Peers or Iury or any legall proceeding to subvert the fundamentall Government by Monarchy and dispossesse the right Heyre of the Crowne and to usurp His supreme Authority in a factious fagge end of the House of Commons to put the Kingly Government into a packed Iunto of forty Tyrants called A Councell of State to exercise Martiall Law in times of peace and upon Persons no Members of the Army to raise what unnecessary illegall Taxes they please and share them and the Crowne Lands and Revenues amongst themselves leaving the Souldiers unpaid to live upon Free-quarter whilst they abuse the People with pretended Orders against Free quarter to alter the Styles of Commissions Patents Processe and all Legall proceedings and introduce a foraigne Iurisdiction to Counterfeit the Great Seale and Coyne of the Kingdome and to keep up Armies of Rebels to make good these and other tyrannies and Treasons is High Treason by the knowne Lawes but now by the Votes of the Conventicle of Commons it is High Treason to speake against these Crimes Good God! how long will thy patience suffer these Fooles to say in their hearts there is no God and yet professe thee with their mouthes to breake all Oathes Covenants and Protestations made in thy name to cloake and promote their Designes with dayes of impious fasting and thanksgiving how often have thy Thunderbolts rived senslesse Trees and torne brute Beasts that serve thee according to their creation yet thou passest over these men who contemn thee contrary to their knowledge and professions Scatter the People that delight in warre Turne the Councells of the wise into folly let the crafty be taken in their owne net and now at last let the Oppressed tast of thy mercies and the Oppressor of thy justice throw thy rod into the fire and let it no longer be a bundle bound together in thy right hand They appeale to thee as Author of their prosperous sinnes become Lord Author of their just punishments bestow upon them the reward of Hypocrites and teach them to know the difference between the saving strength of Magistrates and the destroying violence of Hang-men But what am I that argue against thy long-suffering whereof my selfe stand in need and seek to ripen thy vengeance before thy time shall the Pot aske the Potter what he doth I beheld the prosperity of the wicked and my feet had almost slipped Lord amend all in thy good time and teach us heartily to pray Thy will be done in Earth as it is in Heaven 170. The Act for Abolishing Monarchy proclaimed in London May. 30. 1649. The aforesaid trayterous Act for abolishing Kingly Government and converting England into a Free-State consisting of forty Tyrants and many millions of Slaves was proclaimed in London by the newly intruded illegall Lord Major Andrewes accompanied with 14 Aldermen of the same pack the People in great abundance crying out Away with it away with it GOD save King CHARLES the Second and bitterly reviling and cursing it and them untill some Troops of Horse ready prepared in secret were sent to disperse beat and wound them and yet the Tryall of the King and the subverting of our well-formed Monarchy under which we lived so happily heretofore with all other Acts of the like high nature was done in the name of the People of England although I dare say at least five hundred to one if they were free from the terror of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Authority of the Nation under them This was purposely so contrived to engage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publique disclaimour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegall Common Councell newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designes and entangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrewes Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharasiticall House of Commons voted an Act 171. A Thanks-giving Dinner in the City for the Generall c. 1. Iune for a day of Thanks-giuing to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councell of State the Generall and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for Relief of Ireland to engage the City farther to them Cromwell had the Chaire in that Committee the device was that the Common Councell should invite the Parliament Councell of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the thanks-giving whit-broth and custard had beene bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast downe with another for the glory of his owne Name and that he might have an occasion to purge the Army as he had done the Parliament of all free-borne humours 172. The Councell of State sit in pomp at Wihte hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councell of State sit in as much state and splendour with their Roomes as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majesty were but Mechanicks
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Iudges of the force Treasonable they deny they sit novv under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His Person but in His Office 135. The Councell of Officers endeavour to joyn Interests with the Papists in England Ireland The KING had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt for the Army from Paris to an Independent Member of the House of Commons a Creature of the Army bearing Date 28. Nov. 1648. and printed at the latter end of The True and full Relation of the Officers Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to