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A40752 A Further narrative of the passages of these times in the Common-wealth of England an act for renouncing and disanulling the pretended title of Charls Stuart, and for the taking away of the Court of Wards and Liveries, the judgment ... against James Naylor the Quaker : with the triall of Miles Sundercombe ... 1658 (1658) Wing F2560A; ESTC R38753 41,953 62

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A Further Narrative of the Passages of these times in the Common-Wealth OF ENGLAND An Act for renouncing and disanulling the pretended Title of Charls Stuart and for the taking away of the Court of Wards and Liveries the Judgment of the House of Commons pronounced by Mr. Speaker against James Naylor the Quaker WITH The Triall of Miles Sundercombe being indicted of high Treason for conspiring against the life of his Highness the Lord Protector Feb. 9. 1656. A DAY Of Publick thanksgiving for the marvellous goodnesse of God to this Nation in the Island of Teneriffe under Generall Blake and giving them great success against the Ships of the King of Spain 16. fier'd and not one of ours lost An exact relation of the manner of the solemn Investiture or happy Inauguration of his Highness the Lord Protector at Westminster June 26. 1657. With his Oath and the Oath of the privy Councell and every person who now is or hereafter shall be a Member of either House of Parliament before he sit shall from and after the first of July 1657. take the same With a particular account of the taking in of the Fort of Mardike in Flanders by Dunkirke with the names of the House of Lord And some heads of the speech made by his Highnesse to both houses Jan. 1657. Which Parliament was dissolved the 4th of Feb. 1657. Printed by M. S. for Thomas Jenner at the South entrance of the Royall Exchange AN ACT FOR Renouncing and disanulling the pretended Title of CHARLS STUART c. FOr the better establishment of the peace of this Common-Wealth of England Scotland and Ireland and the Territories and Dominions thereunto belonging and for the prevention of the designs and attempts of the enemies thereof The Knights Citizens and Burgesses in this present Parliament assembled Do in the name of all the people of this Commonwealth fully freely absolutely and for ever Disclaim and Renounce all Fealty Homage or Allegiance pretended to be due unto Charls Stuart eldest Son of the late King Charls James Stuart second Son of the said late King Henry Stuart third Son of the said late King or any other the Issue or posterity of the said late King or any person or persons pretending or which shall at any time hereafter pretend Title by from or under him them any or either of them to hold or enjoy the Crowns of England Scotland and Ireland or of either or any of them or to have the Name Title Stile or Dignity of King or Queen of Great Britain King or Queen of England Scotland and Ireland Prince of Wales Duke of Cornwal Prince of Scotland Duke of Albany Duke of Rothesay Duke of York Duke of Gloucester any or either of them or to have and enjoy the Power Government or supream Magistracy of this Commonwealth or of any part thereof or of any the Territories or Dominions thereunto belonging or to have or enjoy as King or Queen of England Scotland and Ireland or of either or any of them Prince of Wales Duke of Cornwal Duke of Albany Duke of Rothesay Duke of York Duke of Gloucester or Prince of Scotland all or any the Honors Manors Lands Tenements Possessions and Hereditaments heretofore belonging or appertaining to the said Crowns of England Scotland and Ireland or to any or either of them or to the Principalitie of Wales Dutchy of Lancaster or Cornwal or any or either of them And be it declared and Enacted by his Highness the Lord Protector and this present Parliament assembled and the Authority thereof That the said Charls Stuart James Stuart Henry Stuart and all other the Issue and Posterity of the said late King and all and every person and persons pretending or which shall or may at any time hereafter pretend Title or Claim from by or under him or them be and are and shall for ever be absolutely and utterly excluded and debarred from holding or enjoying the Crown of England Scotland and Ireland or any or either of them or any the Dominions or Territories thereunto belonging and from holding or having the Name Title Stile or Dignity of King or Queen of Great Britain King or Queen of England Scotland and Ireland or any or either of them or of any the Dominions thereunto belonging Prince of Wales Duke of Cornwal Prince of Scotland Duke of Albany Duke of Rothesay Duke of York or Duke of Gloucester and from all Title Claim or Right as King or Queen of England Scotland and Ireland or of either or any of them Prince of Wales Duke of Cornwal Duke of Albany Duke of Rothesay Duke of York Duke of Gloucester or Prince of Scotland unto all or any the Honors Manors Lands Tenements Possessions or Hereditaments heretofore at any time belonging or appertaining to the said Crowns of England Scotland and Ireland or any or either of them and also from having exercising or enjoying any Power Authority Government or Magistracy in or over this Commonwealth or any the people thereof And that all such Right Title Claim or pretence of Right Title or Claim which they or any of them at any time heretofore at present or in time to come have doe shall or may make is hereby declared and adjudged and shall for ever hereafter be adjudged and taken to be utterly void and of no effect And be it further enacted by the Authority aforesaid and it is enacted That if any person or persons shall endeavour or attempt by force of armes or otherwise or shall be aiding assisting comforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up of any pretended Right Title or Claim of the said Charls Stuart James Stuart Henry Stuart or of any other the Issue or Posterity of the said late King or of any person or persons claiming under him or them to any the Offices Stile Title Dignity or Authority aforesaid or any of them or shall declare publish or any way promote such pretended Right Title or Claim or shall give or contribute any summe or summes of Money or other aid or assistance to the said Charls Stuart James and Henry any or either of them That then every such offence shall be and is hereby deemed and adjudged high Treason and all and every the Offender and Offenders therein their Counsellors Aiders and Abettors being thereof convicted within three years after such Offence committed shall be deemed and adjudged Traytors and shall suffer and have such pains of Death and forfeitures as in case of high Treason is used and ordained Hen. Scobell Clerk of the Parliament AN ACT For the taking away the Court of Wards and Liveries WHereas the four and twentieth day of February in the year of our Lord one thousand six hundred forty five the Court of Wards and Liveries and all Wardships Liveries Primer-seizins and Oustrelemaines and all other Charges incident or arising for or by reason of Wardships Livery Primer-seizin or
tryed by but that was not granted him but the court being erected according to Act of Parliament they supplyed a Jury These things he insisted on as the Rights and Priviledges of an English man and being denied him he thereupon refused to plead That the President of the Court did indeed read the Clause in the Act which declared That in case he stood mute he must be taken as guilty upon default of answer and that he having made three defaults was at last taken from the bar then when he intended to have pleaded One would wonder such words should proceed from a dying man whereas all persons present and at his tryall do know that the Court had patience with him some hours and in a great deale of tendernesse towards him caused the Clause in the Act which concerns default of answer to be read to him several times and to the very last advised him to plead but he still refused and never uttered so much as one Syllable that he would plead Sr. Hen Slingsby Dr. Hewet Beheded at Tower-Hill June the 8th 1658 Col Ashton Iohn Betteley hanged Drawne quartred Ashton at mark Lane end the other in Cheep side Here I cannot but observe that this dying mans Charity was greater then his memory because what he sayes here clashes with what he said before it appearing by his own very words That if he were a Martyr for the people it was much against his will seeing a little before he tells us he would have pleaded to be Court and so have owned their jurisdiction and that if the owning of them had been to have given up the rights of the people It seems by his ow● confession ●ere he would have done it in hope to have escaped this kinde of Martyrdome ●s he calls it Then he proceeded to this effect That having declared what passed upon his tryall in Court he would next proceed to cleere himselfe of some imputations laid upon him one whereof was That he was one engaged with those who were said to have designed the firing of the City to this he protested That had he been engaged amongst such persons that should have ●ntended such a horrid busines he would have been the first that should have discovered them Another was That it was reported he should entertain the Duke or Marquis of Ormond and harbored him in his house when lately here in England to which he protested That to his best remembrance he never saw his person A third was that it was reported he should be preaching at St. Gregories one Sunday and that the next after being absent he should be at Brudges in Flanders and there have communication with him whom he called the King and kiss his hand In answer to this he said That for these three yeares past he had not been threescore miles from this City and I am sure said he that Brudges in Flanders is a great deale farther This pains the Doctor might have spared seeing none of the particulars he was pleased to dilate upon were ever charged upon him by any Authority but it is very observable that in all his discourse upon the Scaffold he never made any pr●●●station to declare his innocency concerning the matters charged in Court against him It being a time he thought wherein he might make more b●ld to straine his Oratory then his conscience and yet sure that was no time to stand confuting the Tattles of the Town In conclusion he said That having now spoken to the people he would also pray for them and blesse them in the name of the Lord and so kneeling in their view he made a long prayer the three Ministers kneeling behind him which seemed by the contexture of it to have been penned on purpose for the occasion because of the very many passages of the Common Prayer Book that were interwoven in it His prayer consisted of severall parts After which the Executioner asking him if he were ready he answered Yea and his head was severed from his body at one blow and a little rase of the Ax upon a small piece of the skin His head also was put up into a scarf and with his body put up into a coffin which stood ready on the Schaffold A Breviate of the charge of High treason exhibited against Summer and the rest for plotting contriving and endeavouring together with John Hewet late of London Doctor of Divinity deceased Henry Mallery late of London Gentleman Hartgil Baron Francis Mansel and other false Traytors and enemies to his highnesse and this Commonwealth 1. TO levv warre and raise force against his highnesse and the Common-wealth 2. For declaring and promoting Charls Stuart to be King of England For holding intelligence with Charls Stuart And they declared these Treasons by several overt acts I. By appointing several places of Meeting II. By conferring amongst themselves and others their complices how to effect their said Treasons III. By designing to fire the City of London or some part thereof IV. By providing and furnishing themselves with barrels of Powder and other habiliments of War V. By delivering commission in the name of and as from Charls Stuart VI By appoynting several Officers of War And this against the forme of the Statute in that case made and provided London July 17. This morning between nine and ten of the Clock Col. Ashton who was by the Court of Justice sentenced to suffer death as this day was accordingly conveyed in a Sled from Newgate drawn with four horses Dr. Warmistry sitting in the Sled with him to Tower-street over against Marke lane end where a Gibbet was erected being come to the place of Execution and taken off the Sled at his going up the Ladder he desired r. Warmistry to pray with him And just as he was going up the Ladder the doctor used these following words to him Almighty God who is a strong Tower be with thee and make thee know and feele that there is no other name under heaven whereby to attaine everlasting life but by the name of Jesus The blessing of God the Father the Son and the Holy Ghost be with you hence forth and forever Amen When he was upon the Ladder he spake thus Ashton I hope I see my Lord and Saviour Jesus Christ Dr. Warmistry I hope so sayes the D● passe on from the crosse to the Crown Remember who went before you Ashton I am brought here to a shamefull death I am an English man born and as many know a Gentleman born I am brought here by occasion of two fellows that corrupted me namely Topham and Langhorn who were the men that brought me acquainted with one Manley And Manley and the rest told me they would raise a Regiment for me and then I told them I would command it I was drawn into the businesse And now I am brought here for my former sins God hath delivered me severall times from severall judgments he hath visited me at this time because I