King James it was then only called An Act of high presumption and dangerous consequence in the Duke nor was there then the least reflection upon King Charles yet now because King Charles dissolved that Parliament the Independent party were willing to raise a suspition against him concerning His Fathers death wheras the accusation against the Duke of Buckingham 3. Caroli contained 7. or 8. Charges against him the least whereof might occasion the dissolving of that Parliament These desperate courses to dishonour the King 74. Why the independents went so high against the King To usurp the regal power into themselves either in the Houses purged or in the Committee of Safety at Derby house and make Him uncapable of Government to ruine His Person Crown and Dignity and extirpate Monarchy root and branch were taken in order to the usurping the Kingly power into the Grandees of the Parliament and Army and in case they could not purge the two Houses and make them wholly Independent which they now despair of then into the Hands of the Committee or Council of State at Derby-house and Grandees of the Army In order to which they are now contriving to strengthen the said Committee with more power and more Members and to adjourn the Parliament and sent down the Presbyterian Members into the Country upon pretence of service where if any Tumults happen for which their extortions will give sufficient provocation the said dissenting Members shall bear the blame and have blank Impeachments given them to purge them out of the Houses if not out of the world or at least be sequestred for now they have squeezed what they can out of the Kings party by Sequestrations the next fewel to their covetousness is to sequester the Presbyterians and then to sequester one another for they are already divided into Pure Independents and Mixed Independents and have feuds amongst themselves for this faction insatiate with money and blood are all beasts of prey and when they want prey will prey one upon another nor shall the Houses meet above one month or two in a year to ratifie and approve what Derby-house and the Junto of the Army shall dictate to them and to give an account to the domineering party how eath Member hath carried himself in the Country Thus instead of one King 75. Why the Grandees do still continue to truck with the King notwithstanding the said 4. Votes we shall have twenty or thirty tyrants in chief and as many subordinate Tyrants as they please to imploy under them with the Iron yoak of an Army to hold us in subjection to their Arbitrary Government Notwithstanding the aforesaid four Votes and Resolutions the Cabal of Grandees still keep Ashburnham and Barkley in the Army and have sent divers Turn-coat-Cavaliers and Emissaries under-hand disguised to the King who pretending that by Bribes they had bought their admission to Him after some insinuations endeavour with false and deceitfull news and arguments to shake His constancy and perswade him to pass the said 4. dethroning Bills for these Usurpers of Sovereign Authority long to turn their armed and violent Tyranny into a legal Tyranny or at least to make him declare against the Scots coming in In both which cases He will dis-hearten His Friends who endeavour to take the golden reigns of Government out of the gripes of these Phaetons and restore them again to His hand unking Himself and His Posterity for ever be carried up and down like a stalking Horse to their Designs and be Crowned Ludibrio Coronae with straw or thorns For who can think that at the end of twenty years these Usurpers will lay down what they have so unjustly contrary to all Laws Divine and Humane and contrary to their own Declarations Oathes and Covenants extorted And who can or dare wrest these powers out of their hands being once setled and grown customary in them the peoples spirits broken with an habitual servitude a numerous Army and Garrisons hovering over them and all places of Judicature filled with corrupt Judges who shall by constrained interpretations of the Law force bloody presidents out of them against whosoever shall dare to be so good a Patriot as to oppose their Tyranny They could make Steel sharp enough to cut Captain Burlies throat for attempting to rescue the King out of the hands of a Rebellious Army that neither obeys King nor Parliament will find gold and silver enough to corrupt all the Judges the mean to prefer and make them Wild and vild enough for their purposes But it is hoped He hath more of a King more of man in Him than to leese his Principles and stumble again at the same stone dash again upon the same Rock whatsoever Syrens sing upon it knowing He hath a Son at liberty to revenge His wrongs all the Princes of Christendom His Allies whose common cause is controverted in His sufferings the greatest men of England and Scotland of His blood and the People generally whose farthest design was to preserve their Laws and Liberties and to defend the Parliament from being conquered by the Sword looking with an angry aspect upon these Seducers who by insensible degrees and many forgeries have ingaged them further than they intended not to the Defence of Religion Laws and Liberties but to the setting up of Schism Committee Law and Martial Law Impeachments before the Lords and unlimitted slavery And I am confident this Faction despair of working upon the King who like a Rock is mediis tutissimus undis whatsoever reports they give out to the contrary having from the beginning made lies their refuge which being wisely foreseen by the King He sent a Message to both Houses by way of prevention delivered in the Painted-Chamber by the Lords of Louderdale one of the Scots Commissioners consisting of three heads 1 That He was taken from Holdenby against his will 2 That they should mantain the Honour and Privileges of Parliament 3 That they should believe no Message as coming from him during his Restraint in the Army but should only credit what they received from His own mouth These Grandees have cheated all the interests of the Kingdom and have lately attempted the City again and had the repulse But the King is their old Customer and hath been often cheated by them and having him in strict custody peradventure they may perswade Him it is for His safety to be deceived once more wherefore notwithstanding their many endeavours to root up Monarchy dethrone the King and His Posterity and usurp his power in order to which they have over-whelmed Him and all His with innumerable calamities and reproaches yet since the passing of the Declaration against the King their desperate condition hath enforced them to make new Addresses in private to Him notwithstanding their four Votes inflicting the penalitie of Treason upon the Infringers But Treason is as natural to Cromwel as false accusing protesting and lying he is so superlative a Traytor that the
should hear of it and beget a slavish fear in the whole Kingdom to submit to the laying aside of the KING and his Negative Voice and the establishing of a tyrannical Oligarchy in the Grandees of the two Houses and Army for finding the whole Kingdom to hate them with a perfect hatred they have no hope to govern by Love but by Fear which according to the Turkish rule is more predominant and constant passion And certainly had not Goring's passing over at Greenwich into Essex compelled Fairfax to follow immediately after with his Army they had been used with much extremity insomuch that Weaver a Member fuller of zeal than wisdom though wise enough for his own profit as most Saints and knaves are moved in the House That all Kent might be sequestred because they had rebelled and all Essex because they would rebell And truly this is as good a way as Cromwel's selling his Welch Prisoners for 12 d. a head to be transported into barbarous Plantations whereby to expell the Canaanites and make new plantations in old England for the Godly the seed of the Faithfull for this faction like the Divell cry all is mine 91. Banbury-Castle obtruded upon the State 27. May A friend of my Lord Say's moved in the House of Commons That Banbury-Castle might be demolished to prevent any surprise thereof by Malignants saying it had already cost the State 200000 l. to reduce it and had undone the Country which was unable to pay for it it belonged to a Noble Godly person the L. Say and it was not fit to demolish it without his consent and recompence it was therefore desired the State should bear the charge his Lordship being willing to sell it for 2000 l. To which was answered That other well-affected Gentlemen had their Houses destroyed for service of the State without recompence not so well provided to bear the loss as my Lord Say as Mr. Charles Doyly two handsome habitable Houses Mr. Vachell some Houses in Reading and others well deserving of the State though not of themselves This Castle was unhabitable a rude heap of stones a publick nusance to the Country It cost his Lordship but 500 l. and now to obtrude it upon the State at 2000 l. price in so great a scarcity and want of mony the Kingdom graoning under Taxes was not reasonable So Divine providence not saying Amen to it this Cheat failed like the untimely birth of a Woman 92 The Impeached Lords Members and Aldermen About the beginning of June a debate hapned in the House of Commons about the four imprisoned Aldermen occasioned by a Petition from the City and concerning the impeached Lords and Commons Mr. Gewen spake modestly in their behalf saying That what they did was done by virtue of an Ordinance of Parliament made this very Sessions of Parliament and without any intent to raise a new war but only to defend the City against the menaces of the Army marching up against them and the Parliament But Mr. Gourdon a man hot enough for his zeal to set a Kingdom on fire Answered He thought they intended a new War and were encouraged thereto by the Gentleman that spake last when he said to them at their Common Council Vp and be doing Mr. Walker perceiving Mr. Gewen to be causlesly reflected upon replied that since this debate upon the City Petition tended towards a closing up of all differences it was unfit men that spake their consciences freely and modestly should be upbraided with Repetitions tending to dis-union and desired men might not be permitted to vent their malice under colour of shewing their zeal when presently Tho. Scot the Brewers Clerk he that hath a Tally of every mans faults but his own hanging at his Girdle by virtue of his Office being Deputy-Inquisitor or Hangman to Miles Corbet in the clandestine Committee of examinations replyed upon Mr. Walker That the Gent. that spake last was not so well-affected but that the close Committee of examinations would find cause to take an order with him shortly Mr. Walker offered to answer him and demanded the Justice of the House but could not be heard those that spake in behalf of the Aldermen were often affronted and threatned with the displeasure of the Army which they alleged would be apt to fall into distempers if we discharged them Notwithstanding these menaces it was Voted that the House would not prosecute their Impeachments against the said four Aldermen Sir John Maynard and the seven Lords and that they would proceed no faother upon their Order for impeaching Mr. Hollis Sir William Waller c. Two or three dayes after a motion was set on foot That the Order whereby the said Members were disabled from being of the House might be revoked many zealots argued fiercely and threatned against it amongst many arguments for them a President was insisted upon That Master Henry Martin was by Order disabled from being a Member yet was afterwards readmitted upon his old Election and desired these Gentlemen might find equall justice The House having freed them à Culpa could not in equity but free them à poena and put them in the remainder of all that belonged to them But Sir Peter Wentworth answered That Mr. Martins case and theirs differed Mr. Martin was expelled for words spoken against the King such as every mans Conscience told him were true but because he spoke those words unseasonably when the King was in good strength and the words whether true or false were in strictnesse of Law Treason the House especially the lukewaâ—n men considering the doubtfull events of War disabled and committed him lest the whole House might be drawn in compass of High Treason for conniving at them which was a prudential Act contrary to justice and contrary to the sense of the Godly and honest party of the House But afterwards the King growing weaker and the Parliament stronger the House restored Master Martin and thought fit to set every mans tongue at liberty to speak truth even against the King himself and now every day words of a higher nature are spoken against him by the well-affected Godly in the House After many threats used by Wentworth Ven Harvy Scot Gourdon Weaver c. The said disabling Order was repealed 93. Members added to the Committee of Safety at Darby house About the same time the Lords sent a Message to the Commons that they had named six Lords to be added to the Committee of safety and desired the House to adde twelve Commons to them This had five or six times been brought down from the Lords before and received so many denials but the Lords would not acquiesce the Message came down about one of the Clock the House being thin many argued against it saying that there were seven Lords and fourteen Commons of that Committee already enough if not too many to dispatch businesse with secrecy and expedition that to adde six Lords more to them was in effect to make
himself and moderate his Actions the Army looking upon him as their onely Enemy and Opponent in the City lest they should seize upon him and carry him away or do him some other mischief This is conceived to be an Independent mouse-trap set up to catch a Presbyterian in for if the Major General had not discovered the said Letter and it had been found about him or in his House or if it had been testified that such a Letter was left at his house and concealed here had been matter enough for an Impeachment against him 104. Correspondency with Card. Mazerini The Grandees of Derby house and the Army solicit the detaining of the PRINCE in France and the delaying of his journey for England lest he trouble the yet unsetled Kingdom of the Saints To negotiate which they have an Agent lying Lieger with Cardinal Mazarini the great French instrument of State who is so well supplied with Money and so open handed That it hath been heard from Mazarin's own mouth That all the money the Queen and Prince hath cost the Crown of France hath come out of the Parliament Purse with a good advantage It is likewise said Mazarini hath an Agent here to drive on the Interests of France in England The Grandees in reference to the pulling down of Monarchy 105. Doleman's Antimonarchical Book printed and the establishing of their Olygarchy or Tyranny contrary to their Remonstrances Declarations the National Covenant and their late Vote That they would not alter the ancient form of Government by King Lords and Commons have caused the Book written by Parsons the Jesuit 1524 under the feigned Name of Doleman and called A Conference about the succession of the Crown to be published under the Title of Several Speeches delivered at a Conference concerning the power of Parliaments to proceed against their Kings for mis-government Parsons had made this Book a Dialogue these Men have made it into Speeches The Arguments and Presidents are meerly the same you see they can joyn Interests with France Doctrine with the Jesuits to carry on their design See the Conclusions 15 16 17. and reduce us to the condition of French Peasants or Slaves under the Kingdom of the Saints Doleman's Book was condemned by Act of Parliament 35 Eliz. But what care the Grandees for Acts of Parliament having fooled the people into a belief That both the Legislative and Judicative power is in the two Houses of Parliament without the King and that an over-powering party or Junto in the two Houses complying with an Army to keep the rest under force and awe is the Parliament 106. The Legislative Judicative power and the Militia where they reside See the Conclusions 15 16 17. The Parliament consisteth of 3 Estates 1. The King whom the Law calleth Principium Caput finis Parliamenti and therefore he only can Call He only can Dissolve a Parliament and is himself called and chosen by none being primus motor that animates all 2. The Lords who have their creation and vocation only from the Kings bounty 3. The Commons who have their summons onely from the Kings Writ though their election from the people and in that respect only the people being too diffused a Body to be Assembled they have something of Representation in them being the Epitome of the People These 3 Estates concurring have power to make news Laws to change or repeal old Lawes and in some doubtfull cases rarely hapning which the Judges dare not venture upon they have power to interpret the Laws This is a wise and politick constitution for if any one or any two of the said three Estates should make new Laws Change Repeal or Interpret old Laws arbitrarily and at pleasure without mutual agreement of all the three Estates it were in the power of that one or two to enslave the other Estate or Estates so omitted Besides the Law doth not favour the making of new Laws nor the changing and repealing of old Laws being an innovation that stirs too many humors in a body politick and indangers its health and brings contempt upon the Laws Leges priusquam latae sunt perpendendae quando latae sunt obediendae saith Arist Pol. But though all 3 Estates must assent to the making altering or repealing a Law yet any one of the 3 Estates hath a Negative Voice and may dissent from such making 2 H. 5. 4. H. 7. c. 18. 12. H. 7. c. 20. 1 Ja. c. 1. 2 Ch. c. 1. altering or repealing to avoid innovation as abovesaid How then can the two Houses of Parliament exercise the Legislative power and make change or repeal any Law by Ordinance without the King the first Estate and head of the Parliament and so deprive Him of His Negative Voice and the people of their Laws Liberties and Estates contrary to 9 H. 3. Magna Charta 1 part Instit sect 234. in fine 7. H. 7. 14. especially when this very Parliament declares in the Exact Col. 1 part p. 727. That the King hath a Negative Voice and that Bils are not Laws or Acts of Parliament without the Kings assent consequently nor Ordinances And as the two Houses take upon them the Legislative power without the King so in the case of the 4 Aldermen and Sir John Maynard they usurped a Judicative Power in case of Treason tryable in the Kings Bench yet it is most certain that when the 3 Estates in Parliament have passed any Act their power determines as to that Act and then the Authority of the Judges begins which is Judicative whose Office is upon cases brought before them to determine whether that Act be binding or no for Acts of Parliament against common right Repugnant or Impossible are Void Cook 8. f. 118. Dr. and Student l. 1. c. 6. and to expound the meaning and signification of the words of such Act. If therefore the 2. Houses usurp the Legislative and Judicative power or the Militia otherwise than hath been by the fundamental constitution of this Monarchy and the practice of all ages accustomed the Grandees of the two Houses and Army seem to lay claim to them all by the Sword for in the late Declaration against the Scots Papers p. 64. they say That they engaged in this war upon these principles viz. To keep the Legislative power and the exercise of the Militia without and against the Kings consent and p. 63. ibidem the Members tell us that in all matters concerning Church or State we have no judge upon Earth but themselves It follows then the Grandees do it to subvert the ancient Government Laws and Liberties of this Nation and establish a Military Olygarchy or the Kingdom of the Saints over us in themselves In order to which design they have put all things out of order and turned them upside down nay they have crucified the whole Kingdom with Saint Peters Crucifixion the head downwards and the Heels upwards When this King went into Scotland He compared the
whereby multitudes of you are undone and yet the Armies Arrears and all other Taxes are exacted from you with as much cruelty as you lost nothing Remember that Butchery committed upon the unarmed Apprentices when Cromwel cried to the Souldiers to kill man woman and child and fire the City at which time his Nose looked as prodigiously upon you as a Comet Remember the scorn put upon you by a Grandee when you were enabled to put up your Chains again That the House had consented your Posts should have Chains as well as your Aldermen and did as well deserve them And Weaver's word when your Guards came to attend the House that 60 of the Army should beat 3000 of them Remember how unwillingly and juglingly they restored unto you the Tower first plundered of all its ammunition you formerly had in it and part only of your Militia and that clogged with many restrictions they that bestow gifts so grudgingly upon you when they are weak will deprive you of them again when they are strong Adversity makes them your false friends Prosperity your real Enemies Necessity only ties them to you have a care therefore you do not relieve their necessities lest you lose them like the frozen Snake in the bosome when they grow warm they will bite and sting You seem to have forgotten the unjust imprisonment of your Aldermen the unfaithfulnesse and inconstancy of their Votes and Ordinances even for security of Money and Land bought the several Informations and Testimonies you had of their good intentions to borrow more of your Money not by way of Loan nor upon the Publique Faith but by way of plunder Notwithstanding all these injuries and many more as if God had infatuated you to destroy you you suffer a corrupt Faction within you to List men to the amazement of your neighbour Counties whose principles you first examine and if they be not Independents you trust them not with Arms. I hear of a young man who being asked of what principles he was he answered That in these doubtfull times he professed no principles but gain to whom was replied then we are of one principle for we are resolved to keep what we have got Behold the Principles of these men that obstruct our peace consider that Heaven and Earth have denounced war against these men and that God himself hath touched the hearts of all men as one man to rise against them and demand to have Peace Religion and Justice restored When the whole Kingdom shall rise in a flame what will be your lot but smoak in your eyes and at last a consuming fire in your bowels when you only shall be left to maintain this domineering Army with your money and to recruit them with your blood many of their Officers say already That the Country is exhausted of Money and you shall be their purse-bearers but because you are a curst Cow they must keep the Army about you that the Souldiers may hold you by the horns whilst their friends milk you Consider how absolute a necessity and how general a resolution there is that all things should return to their old channel If you stop the violence of this Torrent it will swell untill it overwhelm and drown you You that are guiltless joyn not with the guilty you that are guilty sin no more there will be mercy for you if you repent and amend in time The very multitude of offenders will help to excuse your offences let not despair huâ—â— you from one sin to another until you fall into destruction as â—â—aid Judas whose Despair by all Divines is held to be a greater iâ—piety than his Treachery by the first he sinned against the God-head of Christ by the second against his Manhood only The Remonstrance and Declaration of the Knights Esquires Gentlemen and Freeholders in COLCHESTER PEtitions the birth-right of Subjects are by Law our addresses to our King Gods Vicegerent by custom our approaches to the Houses of Parliament His Majesties great Council by them we used humbly to present our modest desires and were wont to receive answers as Gideons fleece the dew without noise yet satisfactory but that was denied our first Petition and before our second could be ready our brethren of Surrey by theirs ecchoed our prayer to both Houses of Parliament but received their answer as the Jews their Law in thunder and lightning a two-edged sword the tongue and the report of Muskets the voice which spake nothing but wounds and death We therefore thus admonished resolved thus to present our grievances to the World and our Petitions to Heaven for a blessing upon our intended indeavours Our grievances are these 1. First the distraction and threatned ruine of our glorious Protestant Church the neglect and abuse of Religion the destruction of our Universities the springs of all Learning Divine and Humane occasioned by the fierce and ignorant Separatists set up and maintained as Rulers both in Church and State by the prevalency and violence of a rebellious and destructive Army under the command of the L. Fairfax and countenanced by the seeming Authority of a pact unfree and over-awed House of Parliament 2. Next that contrary to the Oath and duty of Allegiance from which no power can nor yet hath pretended to absolve us our Soveraign Lord the King is by the design of the said Army drawn from His House at Hampton Court to the Isle of Wight and there by the power of Col. Hammond and others of the Army Imprisoned and detained from His Parliament by which act the said Hammond and all adhering to him are according to the Votes passed in both Houses 16. March 1641. Enemies to the peace of the Kingdom 3. A third is the violent and unchristian separation of the King His Royal Consort and Children at once depriving His Majesty of the two first blessings bestowed on Man 4. The forcing the Queen and Prince of Wales to seek in a forein Nation what in their own they could not enjoy liberty safety and support 5. The exercise of Martial Law while the Courts of Justice are open and sitting at Westminster the obstructing justice in our Courts of Judicature and by the privat Committee of Indemnity perverting judgment and exercising arbitrary power which is a subversion of our ancient Laws and an introducing of a tyrannical government as was resolved by both Houses in the Cases of the E. of Strafford and Archb. of Canterbury and writ in their bloud 6. Sixtly the present mischief and future danger to the whole Kingdom by reason that the publique affairs of highest concern are managed and carried on by a few particular men in a private Committee at Derby-house wherein contrary to the self-denying Ordinance the prime actors are chief Officers of the Army and have by our unhappy differences possest themselves of the most beneficial offices and imployments of the Kingdom and the other Places of profit and commodity are by their design conferred on others Members
the Parliament and the Liberties of the Kingdom and defend the Kings Person and Authority in defence of the true Religion and Liberties of the Kingdom they being under the said trusts and Oath march up to Westminster contrary to order in a hostile way forcibly secured secluded and drove away many of the Members the Question is Whether this Action be Justifiable upon pretence of Honest intentions and Necessity Their good intentions cannot be known but by their expressions and actions and they referre us to their Proposals Declarations and Remonstrances where we find their desires are 1. To take away the Kings life 2. To take away the lives of the Prince and the Duke of Yorke at least to dis-inherit both them and all the Kings Children 3. To put a period to thiâ— Parliament 4. To set up a new Representative of their own which takes away all Parliaments 5. To have an Elective King if any These are their Honest intentions for publick good which must come in to justice their waging warre against their Masters this Parliament To name them is to confute them as being apparently against the Laws of God and the Land under which they live and which they are engaged to maintain we shall produce no other Witnesses to prove this but themselves On the 15. of Novemb. 1647. The agreeement of the People which is lower in demands than these which they call Honest intentions for publick good was condemned by the Army The promoting it in the Army judged mutinous and capital Col. Rainsborough and Major Scot complained of in the House for appearing in it and-the Paper it self adjudged by the House destructive to Government and the being of Parliaments The second pretence or principle is Extraordinarie Necessity for the same end To this we say 1. The Armie made the same plea of necessity in their Remonâ—â—rance June 23. 1647. upon quite contrary grounds to what they exp ess now and both to justifie the same viol nt proceedings against the Parliament then when the King was seized upon by a party of the Armie without Order from the House and the Army advanced against the Parliament They say in their Letter to the House July 8. 1647. There have been several Officers of the Army upon several occasions sent to his Majestie The first to present to Him a Copie of the Representations and after that some others to tender Him a Copie of the Remonstrance Vpon both which the Officers sent were appointed to clear the sence and intentions of any thing in either paper Turn back to sect 2. and see my Animadvers upon the Army 20 Nov. 1648. p. 4 5 6 7. whereupon his Majestie might make any Question There the Army treated with the King yet now they offer violence to the Parliament for treating with the King Then in their Remonstrance 25 June 1647. they say We clearly profess we do not see how there can be any peace to this Kingdom firm and lasting without a due consideration of and provision for the rights quiet and immunities of His Majesties Royall Family and his late partakers now they judge the majority of the House corrupt for moving one step towards a peace with the King The Parliament thought it not reasonable the King should be sole Judge of publike necessity in case of shipmony Return to sect 18. where I set down six of their Principles though he hath now granted more to them then all the Armies Proposals then demanded of Him Thus they make this general plea of Necessity serve to justifie the considerations which they are put to by making themselves Judges of those things they have no calling to meddle with for by what Authority are they Judges of publike Necessity 2. This principle Necessity is destructive to all Government for as the General Officer urgeth necessity for acting against the Commands and Persons of his Superiours and arrogates to be Judge of that Necessity the Inferiour may urge the same Necessity in his judgement to act against the Commands of his General The Souldiers ' gainst their Officers any other 20000. men in this Kingdom against this Army and this Army as against this Parliament so against any other Representative or Government and so in infinitum 3. The Commons have their Authority from the Writ of Election though their election from the people See the Writ Cromton's Jurisdict of Court Tit Parliamen The Commons in Parliament are not accountable for the use of their trust to any but the House being Trustees of the People not by Delegation but by translation all the power of the people being transferred to them for advising voting and assenting according to their judgements not according to the judgements of those that sent them for otherwise the parties electing and those elected differing in judgement one might protest against what the other had done and so make void all Acts of Parliament But if their Acts were valid or void at the Electors judgements yet were the Members onely accountable to them that sent them not to Strangers and in no case to the Army who are themselves but in subordinate trust to the Parliament for their defence 4. This violence upon the Members is not onely contrary to the Armies trust but against their Covenant and Protestation the breach whereof being a morrall evill cannot be made good by honest intentions and necessity The particulars of the said Generall Officers Answer upon which this pretended Necessity is grounded are six but we must first take notice what is said from the end of the 2. pag. to the end of the 5 before we enter upon them the summe is In all new Elections there were 2. Independents chosen for one of any other principles Independents were then Commissioners for the Great Seal and delivered Writs to men of their own Party who had the advantage to keep them and chuse their own time to deliver them and Souldiers under colour of keeping the peace became great Sticklers in Elections That by the endeavours of some old Malignant Members and by practises used in new Elections there came in a floud of new Burgesses that either are Malignant or Neuters To this we say what is done by the majority is the Act of the whole House and what is done against the majority is done against the whole House nor was the Ordinance for New Elections carried on by old Malignants unless the major part of the House were alwaies such and before the new Elections It is not hard to shew that many of the Officers of the Army came in upon the last Elections and were chosen by those places where they are scarce known upon what influence therefore they came in let the world judge And now for the said 6. particulars objected The Army betrayed Ireland by their disobedience They would neither go for Ireland themselves nor suffer others to go 1 part sect 16. 55.57 1. The betraying of Ireland into the Enemies hands by
recalling the Lord Lysle from his command there and putting the best part of the said Kingdom and where the Parliament had the strongest footing Munster into the hands of Inchiquine a Native Irish who hath since Revolted from the Parliament hath lately united with the Irish Rebels and with them and Ormond for the King To this we â—ay the Lord Inchiquine came in and brought Munster to the Parliament and preserved their Interest in Ireland in all the heat of their Warres in England when they had little other Interest there and less means to relieve them the Lord Lysle was not recalled from his Command there This Lo went late caried over 160000 l. for which he hath not yet accounted began a quarrell with Inchiqueen and put him into discontent and then returned See the Irish Letters and Papers to the the House in print but his Commission for Lord Lieutenant expiring 15. April 1647. on the 17. April he hoysed sayle for England after the Lord Lysles return for England the Lord Inchiquine did gallant service against the Rebels took many strong Holds from them and won the Battel of Knocke-knowes one of the greatest that ever was gotten of the Rebels The House therefore approved of his behaviour untill 3. April 1648. when the Army having led the way the Lord Inchiquine taking distast thereat by way of imitation began to enter into Engagements and Remonstrances against the Parliament as it was then constituted for which he made the Remonstrances Engagements and Declarations of the Army the Summer before both the cause and precedent as by the printed Relation doth appear 2. Their endeavours to bring in the King upon His own Tearms without satisfaction and security to the Kingdom vâ—z upon His Message of the 12. of May 1647. and to this end to Disband this Army before any peace made or assured To this we say the House of Commons upon the first notice thereof voted the said Engagement of the 12. of May Treasonable and by Ordinance 17. Decemb 1647. put an incapacity upon such Citizens as had any hand in it which evidenceth we were here in a right majority as in other parts of their Paper they take the Votes of the House to prove us a corrupt majority The charge here lying in generall and not fixed upon any particular Concerning Disbanding the Army we say the House voted 8. Regiments of Foot 4. of Horse and 1. of Dragoones to be sent out of the Army for Ireland and resolved to keep 10000. Foot and 5400. Horse under Command of the Lord Fairfax for defence of England This was 1. For Relieving Ireland 2. For easing the heavy pressures of the poor People in England And 3. an honorable employment for the Forces of the Army to prevent such high distempers as have since ensued See my 1. part sect 16. 17. 18. and my said Animadversions pag. 2. neither were they legally impeached See Ardua regni or twelve arduous doubts written in defence of the expulsed Memb and the sa d Members Ans to the Armies Charge 3. That they endeavoured to protect the 11. impeached Members from justice and with them to raise a new Warre To this we say we gave them no other protection than the Laws allowed them For the mispending 200000 l. designed for Ireland we say that 80000 l. thereof was paid to Nicholas Loftus and others for service of Ireland and above 50000 l. to the Treasurers at Warre for the Army which may more reasonably be said to be mis-imployed because the Army had an established pay another way than what the Reformado Officers and Souldiers who obeyed the Orders of the House for Disbanding received who nevertheless pressed upon the House the more earnestly for their Arrears after the Declarations and Remonstrances published by the Army for paying the Arrears of all the Souldiers of England 4. Their countenancing abetting There was a close Inquisition of Godly Cut-throats purposely chosen to examine this Tumult which proceeded illegally and used so much foul play as to accuse men upon characters of their clothes persons yet malice it self could find nothing See my 1. part sect 45 46. to sect 54. Return to sect 2. 5. and partaking with the Tumult of Apprentices and others against both Houses of Parliament To this we say that we wonder they should urge the force offered to the House then which they declared horrid and treasonable to justifie the violence acted upon the House by themselves of a much higher nature This is a meer fiction of the Pen-mans which we do every one of us for our selves respectively deny 5. The holding correspondency engaging and assisting the tumultuous Petitioners last Spring the rebellious Insurrections in Kent the Revolted Ships Prince of Wales with the Scots Army We do every one of us for our selves respectively deny these 6. That when the Army was dispensed and engaged in severall parts c. and many faithfull Members employed abroad upon publique services and others through Malignant Tumults about this City could not with safety attend the House Then the corrupt and Apostating Party taking advantage of these distractions which themselves had caused First recalled in those Members c. Then they recalled those Votes for Non-Addresses and voted a Personall Treaty To this we say that if the proceedings of the Treaty were surreptitiously gotten in a thin House why do they then complain in other parts of their Paper that the majority of the House is corrupt Return to sect 2. 5. there see the true grounds of these Tumults See wh t uâ—e they make of provid nce in the 1. part of Englands new Chains and formed to serve the Kings corrupt Interest why did they force from the House above 200 Members at once the Counties never expressed so high contempt of the Parliament untill the like had been first done by the Armies quartering upon them And now let us come to that Vote of the House 5. Dec. 1648. That the Kings Answer to the Propositions of both Houses are a ground to proceed upon to a settlement of Peace of which they say That though they advanced hither to attend providence for opening some way to avoid the present evils designed and introduce the desired good into the Kingdom yet they said nor acted nothing in relation to the Parliament nor any Member thereof untill by the Vote passed Decemb. 5. they found the corrupt majority so resolvedly bent to compleat their Design in bringing in the King Do they call their threatning Declaration and Remonstrance a saying nothing and their marching up against the House contrary to the Order of the House a doing nothing in relation to the Parliament But by these words it appears that this Vote 5. Decemb. is the very point of that necessity they now relie upon to justifie their force upon the House For before that passed they say They acted nothing c. we must now state the difference between the
People of England And whereas the said confederated Commons have likewise tyrannically and audaciously presumed contrary to their Oathes and Engagements aforesaid to take upon them to make Acts of Parliament as they terme them without our privity or assents or the joynt consent of the King and House of Lords contrary to the Use and Priviledges of Parliament and knowne Lawes of the Land and by pretext thereof have trayterously and wickedly endeavoured to Dis-inherit the Illustrious CHARLES Prince of Wales next Heire to the Crowne and actuall KING of England Scotland France and Ireland immediately after His said Royall Fathers barbarous Murther by Right of descent and proclaimed it Treason for any Person to Proclaime him KING whereas it is high Treason in them thus to prohibit His proclaiming and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to Vote down our antient Kingly and Monarchicall Government and the House of Peers and to make a new Great Seale of England without the Kings Portraicture or Stile and to alter the antient Regall and Legall Stile of Writs and proceedings in the Courts of Justice and to create new Judges and Commissioners of the Great Seale and to dispense with their Oaths of Supremacy and Allegiance and to prescribe new Oaths unto them contrary to Law though they have no Authority by any Law Statute or custome to administer or injoyne an Oath to any man and thereby have trayterously attempted to alter the fundamentall Laws and Government of this Kingdome and to subvert the freedome priviledges and being of Parliaments for which Treasons Strafford and Canterbury though least criminall lost their Heads this last Parliament by some of their owne prosecutions and the judgment of both Houses We in discharge of our respective duties and obligations both to God the King our owne Consciences our bleeding dying Kingdomes and the severall Counties Cities and Burrroughs for which we serve do by this present Writing in our owne Names and in the Names of all the Counties Cities and Burroughs which we represented in Parliament publickly declare and solemnly protest before the all-seeing God the whole Kingdomes of England Scotland and Ireland and the world that We do from the bottome of our hearts abominate renounce and disclaime all the said pretended Acts Votes and proceedings of the said confederate Members acted under the Armies power against our consents as treasonable wicked illegall unparliamentary tyrannical and pernitious both to the King Parliament Kingdomes and all the free-borne People of this Realme extreamly disadvantagious and dishonourable to our Nation scandalous to our Religion and meer forcible Usurpations and Nullities void in Law to all intents and purposes which we and all the Freemen of this Kingdome and all the Kingdomes and Dominions thereto belonging are bound openly to disavow oppugne and resist as such with our purses armes lives to the last drop of our blouds and to which neither We nor any other can ought or dare to submit or assent in the least degree without incurring the guilt of High Treason and the highest perjury infamy and disloyalty And in case the said confederates shall not speedily retract and desist from those their treasonable practises and tyrannicall usurpations which We cordially desire and entreat them by all obligations of love and respect they have to God Religion their King Country and Posterity timely to do We do hereby denounce and declare them to be Traytors and publique Enemies both to the King and Kingdome and shall esteem and prosecute them with all their wilfull Adherents and voluntary Assistants as such and endeavour to bring them to speedy and condigne Punishment according to the Solemne League and Covenant wherein We trust the whole Kingdome all those for whom We serve and the Lord of Hosts himself to whom We have sworne and lifted up our hands hearts and fervent prayers will be aiding and assisting to us and all our Bretheren of Scotland and Ireland who are united and conjoyned with us in covenant to our GOD and Allegiance to our Soveraigne King CHARLES the Second who we trust will make good all His destroyed Fathers concessions which really concerne our peace or safety and secure Us against all force and tyranny of our Fellow-subjects who now contrary to their Trusts and former Engagements endeavour by the meer power of that Sword which was purposely raised for the protection of our Persons Government Religion Laws Liberties the KING 's Royall Person and Posterity and the Priviledges of Parliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martial wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance About the same time came out another Paper entituled 109. A Paper entituled Foure true Positions c. ¶ Foure true and considerable Positions for the sitting Members the new Courts of Justice and new Judges Sheriffs Officers Lawyers Justices and others to ruminate upon 1. THat the whole House of Commons in no Age had any Power Right or Lawfull Authority to make any Valid or binding Act or Ordinance of Parliament or to impose any Tax Oath Forfeiture or capitall punishment upon any Person or Free-men of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House do it sitting under an armed force which nulls and vacates all their Votes and proceedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. John proves in his Speech concerning Ship-mony p. 33. and in his Argument concerning the Earle of Strafford's Attainder p. 70 71 76 77 78. and Sir Edw. Coke in his 4. Instit c. 1. 2. That the few Members now sitting in and the House of Commons being no Court of Justice of it selfe and having no power to hear and determine any civill or criminall causes nor to give an Oath in any case whatsoever cannot by the Lawes and Statutes of the Realm nor by any pretext of authority whatsover erect any new Court of Justice nor give power or authority to any new Judges Justices or Commissioners to arraigne try condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much less their own Soveraign Lord the King or any Peers of this Realme who ought to be tryed by their Peers and by the Law of the Land alone and not otherwise And that the condemning and executing the King or any Peere or other Subject by pretext of such an illegall Authority is no lesse than High Treason and wilfull Murther both in the Members and Commissioners Judges or Justices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void and illegall Commissions 3. That the House of Commons and Members now sitting
Part. 2. chap. 5. pag. 735. Seconded by Cooks 4. Instit pag. 1 4 5 46 47 49. As he should admit those to be lawful Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegiance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and real intention to perform the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawful Parliament of England actually in being and legally continuing after the Kings Death consisting only of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawful Authority 1. To violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expel most of their fellow Members the far major part of the House for Voting and according to their Consciences in favour of Peace and settlement of the Commonwealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of War and Justice 5. To Arrain Condemn and Execute the King himself with the Peers and Commons of this Realm by a new kinde of Martial Law contrary to Magna Charta The Petition of Right 3. Car. and the known Laws of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To extirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seals Laws Writs Legal proceedings Courts and Coyn of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Jewels Goods of the Crown with the Lands of Deans and Chapters for thir own advantage not the easing of the people from Taxes 10. To absolve themselves by a Papal kinde of power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heirs and Successours yea from the very Oath of Allegiance notwithstanding this express Clause in it fit to be laid to heart by all conscientious Christians I do beleeve and in conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully Ministred to me and do renounce all Pardons and Dispensations to the contrary 11. To dispence with our Protestation and Covenant so Zealously enjoyned by both Houses on all sorts of people 12. To dispose of the Forts Ships Forces Offices and places of Honour Power Trust or Profit to whom they please to their own party 13. To Displace and Remove whom they please from their Offices Trusts Pensions Callings and Franchises at their pleasures without any Legal cause or Trial. 14. To make what New Acts Laws and Reverse what Old ones they think meet to insnare and inthral our Consciences Estates Liberties and Lives 15. To create new monstrous Treasons never heard of before and to declare Real Treasons against the King Kingdome and Parliament to be no Treasons and Loyalty Allegiance due obedience to our known Laws and a conscientious observing our Oaths of Allegiance and Supremacy and the Covenant to be no less than High Treason for which they may take away our Lives and confiscate our Estates to their new Exchequer Thereby at once repealing Magna Charta c. 29. 5 Edw. 3. c. 6. 25 Edw. 3. c. 4. 28 Edw. 3. c. 3. 37 Edw. 3. c. 18. 42 Edw. 3. c. 3. 25 Edw. 3 c. 2. 11 Rich. 2. c. 4. 1 Hen. 4. c. 10. 2 Hen. 4. Rot. Parl. 11. n. 60. 1 Edw. 6. c. 12. 1 M. c. 1. The Petition of Right 3 Car. So much commended this Parliament and laying all our Laws Liberties Estates and Lives waste after they have drawn so much Blood and Treasure from us in defence of them 16. To raise and keep up what forces by Land and Sea they please and impose what Taxes they please and renew increase and perpetuate them to support their more than Regal or Parliamentary power 17. To pack and shuffle themselves into a Councel of Lords This 17. is added by the Abridger States General without any provincial States forty Hogens Mogens with Supream Regal and Arbitrary power in absence of Parliaments which are Abolished by these Usurpations as well as Monarchy 4. The principal ends proposed in the pretended Act for imposing this 90000 l. a months Tax oblige all men not to pay it viz. The keeping up this Army under the Lord Fairfax 1. Because this Army by rebelling against their Masters the Parliament and waging War upon them and by conspiring with their own party of the sitting Commons have occasioned all the Mischiefs last mentioned to the ruine of King Parliament and Kingdome Religion Laws Liberty and Property and daily threaten an utter dissolution both in their Deeds and Words Both Officers and Souldiers Boasting That the whole Kingdome and all we have is theirs by Conquest That we are but their conquered Slaves and Vassals and they Lords of the Kingdome That our Lives are at their Mercy and Courtesie That when they have gotten all we have from us by Taxes and Free-quarter they will seize our Lands and turn Vs and our Families out of Doors That there is no Law in England but the Sword as Hugh Peters the Rebels Apostle saith The present power must be obeyed saith parasitical John Goodwin that is the power of the Sword still More hath been raised by Taxes these last eight years than in all the Kings Reigns since the Conquest and no account given 2. No Tax ought to be imposed but upon necessity for good of the people 25 Edw. 1. chap. 6. Cooks 2. Instit pag. 528. But the keeping up this Army is the Bane of the people 1. Because they are already exhausted with war Plunder Taxes Free-quarter c. 2. Because the Souldiers have decayed Trade and brought a Dearth upon the Land 3. This Tax of 90000 l. a month destroyed Trade by Forestalling and Engrossing most of the Money now left in the Kingdome 4. There is no Enemy in the Kingdome visible nor no fear of any if we will beleeve our Grandees 5. When the King had two Armies in the Field and many Garrisons this whole Army consisted but of 22000. Men and had an Established pay but of 45000 l. a month See Ordinances 15. Feb. 1644. and 6. April 1646. Exact Collect. pag. 599 876. But when the Army by confederacy with their party in the House took the boldness to increase their number
continued in pay for safety of this Kingdom and some of them to be sent for Ireland for which purpose they borrowed 200000 l. of the City being the same sum which disbanded the Scots and for the rest of their Arrears they were to have Debenters and Security without all exceptions such terms of advantage as no other disbanded Souldiers have had the like neither are these like to attain to again so that they have brought the Souldiers into a loss as well as into a labyrinth their continuing in arms without nay against lawful Authority being a manifest act of Treason and Rebellion and so it is looked upon by the whole Kingdom nor can the Parliaments subsequent Ordinances which all men know to be extorted by force as hereafter shall appear help them To the passing of this Ordinance Cromwels Protestation in the House with his hand upon his brest In the presence of Almighty God before whom he stood that he knew the Army would disband and lay down tbeir Arms at their door whensoever they should command them conduced much this was maliciously done of Cromwel to set the Army at a greater distance with the Presbyterian Party and bring them and the Independent party neerer together he knew the Army abominated nothing more than Disbanding and returning to their old Trades and would hate the Authors thereof 8. Agitators raised by Cromw And at the same time when he made these protests in the House he had his Agitators Spirits of his and his Son Ireton's conjuring up in the Army 9. The beginning of the project to purge the Houses though since conjured down by them without requital to animate them against the major part of the House under the notion of Royalists a Malignant party and Enemies to the Army to engage them against Disbanding and going for Ireland and to make a Traiterous Comment upon the said Ordinance 10. The Army put into mutiny against the Parliament wherby Cromwell monopolizeth the Army to demand an Act of Indemnity and relie upon the advice of Judge Jenkins for the validity of it and to insist upon many oâ—her high demands some private as Souldiers some publique as States-men Cromwell having thus by mutinying the Army against the Parliament made them his own and monopolized them as he did formerly his Brew-house at Ely which he might easily do 11. Cromwel's family in the Army having before-hand filled most of the chief Officers in the Army with his own kindred allyes and friends of whose numerous family 12. Cromwel and Ireton usurp Offices in the Army Lievt Col. Lilburn gives you a list in one of his Books he now flies to the Army doubting his practises discoverd he might be imprisoned where he and Ireton assuming Offices to themselves acted without Commission having not only been ousted by the self-denying Ordinance if it be of any power against the godly but also their several Commissions being then expired and Sir Thomas Fairfax having no authority to make General Officers as appears by his Commission if he make any account of it and therefore Sprig alias Nathaniel Fines in his Legend or Romance of this Army called Anglia Rediviva sets down two Letters sent from Sir Thomas Fairfax to the Speaker William Lenthal one to desire Cromwel's continuance in the Army another of thanks for so long forbearing him from the House see Ang. Red. p. 10 11 29. which needed not had he been an Officer of the Army And now both of them bare-faced and openly joyn with the Army at Newmarket in trayterous Engagements Declarations Remonstrances and Manifesto's and Petitions penn'd by Cromwel himself were sent to some Counties to be subscribed against supposed Obstructors of justice and Invaders of the Peoples Liberties in Parliament and the Army at Newmarket and Triplo-Heath prompted to cry justice justice against them and high and treasonable demands destructive to the fundamental priviledges of Parliament were publickly insisted upon many of which for quietnesse sake and out of compassion to bleeding Ireland were granted yet these restless spirits hurried on to further designs made one impudent demand beget another and when by Letters and otherwise they had promised That if their then present demands were granted they would there stop and acquiesce yet when they seemed to have done they had not done but deluded and evaded all hopes of Peace by mis-apprehension and mis-construction of the Parliaments concessions making the mis-interpretations of one grant the generation of another demand so that almost ever since the Parliament hath nothing else to do but encounter this Hydra and roll this stone Having thus debauched the Army Securing Oxford plundring the King from Holdenby he plotted in his own Chamber the securing the Garison Magazine and Train of Artilery at Oxford and surprizing the Kings person at Holdenby which by his Instrument Coronet Joyce with a commanded party of Horse he effected and when Joyce giving Cromwel an account of that action told him He had now the King in his power well replied Cromwel I have then the Parliament in my Pocket O insolent Slave O slavish English thus to suffer your King and Parliament together with your Wives and Children Religion Laws Liberties and Properties to be Captivated by so contemptible a Varlet If our Noble Ancestors who vindicated their Liberties and got Magna Charta by the Sword shall look down from Heaven and see their Posterity so cowardly resign them to a handfull of bloody cheating Shismaticks they will not own us but take us for Russian Slaves French Peasants and cry out that we are a Bastard brood Servi natura born for bondage yet afterwards having recourse to his usual familiarity with Almighty God Cromwel used his Name to protest his ignorance and innocence in that businesse both to the King and Parliament adding an execration upon his Wife and Children to his protestation yet Joyce is so free from punishment that he is since preferred and his Arrears paid by their means and though both Houses required the Army to send his Royal Person to Richmond to be there left in the hands of the Parliaments Commissioners whereby both Kingdoms might freely make addresses to him for they had formerly excluded and abused the Scots Commissioners contrary to the law of Nations and Votes of both Houses and yet then granted free access to the most desperate persons of the Kings Party yet they could obtain no better answer from these Rebellious Saints than That they desired no place might be proposed for his Majesties residence nearer London Manifesto of the Army June 27. 1647 than where they would allow the Quarters of the Army to be This was according to their old threats of marching up to London frequently used when any thing went contrary to their desires they knew what dangerous and troublesome guests we should find them here How much is this Army degenerated since Cromwel and his demure white-livered Son-in-law Ireton poysoned their
obtain more than their due in a childish heat were over-clamorous to have the Ordinance passed refusing to let some Members pass out of the House or come forth into the Lobby when they were to divide upon the question about it so ignorant were they of the customes of the House which at last passed in the affirmative about three of the clock afternoon 27. The Tumult of Apprentices ceased but artificially continued by Sectaries and then most of the Apprentices departed quietly into the City After which some disorderly person very few of them Apprentices were drawn together and instigated by divers Sectaries and friends of the Army who mingled with them amongst whom one Highland was observed to be all that day very active who afterwards 26. Sept. delivered a Petition to the House against those Members that sate and was an Informer and Witness examined about the said Tumult gathered about the Commons door and grew very outragious compelling the Speaker to return to the Chair after he had adjourned the House and there kept the Members in until they had passed a Vote That the King should come to London to Treat This was cunningly and premeditately contrived to encrease the scandal upon the City yet when the Common-Council of London heard of this disorder as they were then sitting they presently sent down the Sheriffs to their rescue with such strength as they could get ready their Militia being then unsetled by the contradicting Ordinances of the Parliament who at last pacified the Tumult and sent the Speaker safe home which was as much as they could do in this interval of their Militia being the Houses own Act. 28. The Speaker of the Commons complained of a report that he meant to flie to the Army yet run away to the Army The Lords adjourned until the next Friday the Commons but until the next day Tuesday morning the Commons sate again quietly and after some debate adjourned until Friday next because the Lords had done so The next day being Wednesday the monthly Fast the Speaker and Members met in Westminster Church where the Speaker complained in some passion to Sir Ralph Ashton and other Members of a scandalous report raised on him in the City as if he intended to desert the House and fly to the Army saying he scorned to do such a base unjust dishonorable act but would rather die in his House and Chair which being spoken in a time and place of so much reverence and devotion makes many think his secret retreat to the Army the very next day proceeded not so much from his own judgment as from some strong threats from Cromwel and Ireton who were the chief contrivers of this desperate plot to divide the City and Houses and bring up the Army to enthrall them both That if he did not comply with their desires they would cause the Army to impeach him for cousening the State of many vast sums of money And truly I remember I have seen an intercepted Letter sent about the time of his flight from the Army to Will. Lenthal Speaker without any name subscribed to it only the two last lines were of John Rushworths hand earnestly importuning him to retire to the Army with his friends On Thursday morning early 29. The City proclaim against Tumults the newly renewed Militia of London made publick Proclamation throughout the City and Suburbs and set up printed Tickets at Westminster That if any person should distrub either of the two Houses or their Members the Guards should apprehend them and if resistance were made kill them yet notwithstanding the Speaker and his party carrying the causes of their fear in their own consciences in the evening of that day secretly stole away to Windsor to the Head-quarters Upon Friday morning at least 140 of the Members assembled in the House they that fled being about 40. 30. The Houses appear the Speakers being at the Army whither the Sergeant comming with his Mace being asked where the Speaker was answered He knew not well that he had not seen him that morning and was told he went a little way out of Town last night but said he expected his return to the House this morning after that being more strictly questioned about the Speaker he withdrew himself and would not be found till the House after four hours expectation and sending some of their Members to the Speakers house who brought word from his Servants that they conceived he was gone to the Army had chosen a new Speaker 31. New Speakers chosen Master Henry Pelham and a new Sergeant who procured another Mace The like mutatis mutandis was done by the Lords to prevent discontinuance and fayler of the Parliament for want of Speakers to adjourn and so to continue it 32. Petition and Engagement of the City and take away all scruples As for the Petition and Engagement of the City so much aggravated by the Independent party it was directed to the Lord Mayor Aldermen and Common-Council from divers Citizens Commanders and Souldiers and was occasioned by some intelligence they had that the Army would demand an alteration of the City Militia in order to a design they had against the City It was only intended to the Common Hall but never presented as the Souldiers Petition was to their General which being taken notice of by the Parliament as it was in agitation was so much resented by the Souldiery as to put themselves into the posture they are now in as Lieut. Col. Lilburn says in one of his books to act no longer by their Commission but by the principles of Nature and self-defence nor did the said Engagement contain any thing but resolutions of self-defence in relation to the City so that we cannot see what the Army had to do to declare their sence upon it in their Letter 23. July so put a prejudice upon it in the Houses I have insisted the more particularly upon this Grand Imposture as being the Anvill upon which they hammered most of their subsequent designs violent and illegal accusations 33. Votes passed after new Speakers chosen The new Speakers chosen the two Houses proceeded to Vote and Act as a Parliament And first The House of Commons Voted in the eleven impeached Members next They revive and set up again the Committee of safety by Ordinance of both Houses enabling them to joyn with the Committee of the restored City Militia giving power by several Ordinances to them to List and raise Forces appoint Commanders and Officers issue forth Arms and Ammunition for defence of both Houses and the City against all that should invade them Which Votes and preparations for their self-defence warranted by the same law of Nature as the Armies papers affirm were not passed nor put in execution untill the Army every day recruited contrary to the Houses Orders were drawing towards London and had with much scorn disobeyed the Votes and Letter of both Houses prohibiting them to come
submit to the power of the Sword the hilt and handle whereof they hold They turn out the Lieutenant of the Tower without cause shewn The consequences of these two actions were that immediately the City decayed in Trade above 200000 l. a week and no more bullion came to the Mint They displace all our Governours though placed by Ordinance of Parliament and put in men of their own party for this encroching faction will have all in their own hands they alter and divide the Militia of London setting up paâ—ticular Militia's at Westminster Southwark and the Hamblets of the Tower that being so divided they may be the weaker Demolish the Lines of Communication that the City and Parliament may lie open to Invasion when they please and fright many more Members from the Houses with threats and fear of false impeachments The 11. impeached Members having leave by order of the House and license of the Speaker some to go beyond Sea and Anthony Nichols to go into his own Country to settle his Affairs Some of them as Sir William Waller and M. Den Hollis were attacht upon the Sea Nichols arrested upon the way into Cornwall by the Army and despightfully used And when the General was inclined to free him Cromwel whose malice is known to be as unquenchable as his Nose told him he was a Traitor to the Army You see now upon whom they meant to fix the peoples allegiance for where no allegiance is due there can be no Treason and to what purpose they have since by their 4 Votes first debated between the Independent Grandees of the Houses and Army laid aside the King and as much as in them is taken off our Allegiance from him Col. Birch formerly imployed for Ireland by the Parliament was imprisoned and his men mutinied against him by the Army and Sir Sam. Luke resting quietly in his own house was there seized upon and carried Prisoner into the Army All these Acts of terror were but so many scarecrowes set up to fright more Presbyterians from the Houses and make the Army masters of their Votes 38. Proceedings of both Houses under the power of the Army I must in the next place fall upon the Proceeding in both Houses acted under the power and influence of this all-inslaving all-devouring Army and their engaged party to attain the knowledge whereof I have used my utmost industry and interest with many my near friends and kinsmen sitting within those Walls heretofore when Kings 39. Ordinance to Nul and Void all Acts passed in absence of the 2 runagado Speakers not Brewers and Draymen were in power the walls of publick Liberty The Lords that sate in absence of the two Speakers all but the Earl of Pembrook whose easie disposition made him fit for all companies found it their safest course to forbear the House leaving it to be possessed by those few Lords that went to and engaged with the Army which ingaged Lords sent to the Commons for their concurrence to an Ordinance To make all Acts Orders and Ordinances passed from the 26 July when the tumult was upon the Houses to the 6 of August following being the day of the fugitive Members return Void and Null ab initio This was five or six several days severally and fully debated as often put to the question and carried in the Negative every time Yet the Lords still renewed the same message to them beating back their Votes into their throats and would not acquiesce but upon every denial put them again to roll the same stone contrary to the privileges of the Commons The chief Arguments used by the engaged party were all grounded upon the Common places of fear and necessity 40. Menaces used by the engaged party in the House Mr. Solicitor threatning if they did not concur the Lords were resolved to vindicate the Honour of their House and sit no more they must have recourse to the power of the Sword The longest Sword take all That they were all engaged to live and die with the Army They should have a sad time of it Haslerigge used the like language farther saying Some heads must flie off and he feared the Parliament of England would not save the Kingdom of England they must look another way for safety They could not satisfie the Army but by declaring all void ab initio and the Lords were so far engaged that no middle way would serve To this was answered That this was an appeal from the Parliament to the Army And when these and many more threats of as high nature were complained of as destructive to the liberty and beings of Parliaments the Speaker would take no notice of it Sir Henry Vane junior Sir John Evelin junior Prideaux Gourdon Mildmay Thomas Scot Cornelius Holland and many more used the like threats Upon the last Negative being the fifth or sixth the Speaker perceiving greater enforcements must be used pulled a Letter out of his pocket 41. A threatning Remonstrance from the Army to the House From the General and General Council of the Army for that was now their stile pretending he then received it But it was conceived he received it over night with directions to conceal it if the question had passed the affirmative It was accompanied with a Remonstrance full of villanous language and threats against those Members that sate while the two Speakers were with the Army calling them pretended Members charging them in general with Treason Treachery and breach of Trust and protested if they shall presume to stir before they have cleared themselveâ— that they did not give their assents to such and such Votes they should sit at their peril and he would take them as prisoners of War and try them at a Council of War What King of England ever offered so great a violence to the fundamental Privileges of Parliament as to deny them the Liberty of Voting I and No freely Certainly the little finger of a Jack Cade or a Wat Tyler is far heavier than the loynes of any King Many Members were amazed at this Letter and it was moved That the Speaker should command all the Members to meet at the House the next day and should declare That they should be secured from danger And that it might be ordered That no more but the ordinary Guards should attend the house But these two motions were violently opposed with vollies of threats by the aforesaid Parties and others And after more than two hours debate the Speaker refused to put any question upon them or any of them and so adjourned to the next morning leaving the Presbyterian Members to meet at their Peril The next day being Friday the 20. August there was a very thin Assembly in the House of Commons the House having with so much violence denyed protection to their Members the day before made most of the Presbyterian party absent Some went over to the Independent party others sate mute At last a Committee was appointed presently
the rest of the Propositions demanded without a Treaty The Bill for adjournment of both Houses to any other place c. 64. Bill for adjournment of the Parliament as well for Place as time will enable the engaged Party of the two Houses and Army to adjourn the two Houses from time to time to or near the Head-quarters of the Army where those Members that refuse to enter into the same Engagement shall neither sit with accommodation nor safety and so be shaken off at last this is a new way of purging the Houses Besides the Parliament following the motions of the Army the King shall follow the Parliament whereby the Army having both King and Parliament present with them whatsoever attempt shall be made against the Army shall be said to be against the safety and Authority of the King and Parliament and a legal Treason triable by Indictment not a constructive Treason only triable before the Lords Note this Message to the King plus significat quam loquitur though it holdeth forth but four Demands to open view yet it includes five for if the King passe these four Bils as Acts of Parliament either he must do it by his Personal Presence in the House of Peers or by His Commission under the Great Seal and so consequently must confirm the Parliaments Great Seal and all things done by it to the nullifying His own Great Seal at Oxford His personal presence they will not admit for though they pretended heretofore they toook up Arms to bring the King to his Parliament yet now they continue in Arms to keep Him from His Parliament lest the presence of the true Sun should obscure such Meteors and Ignes fatni as they are Though this may be Godly and Saint-like dealing yet it is not plain nor fair dealing latet anguis in herba there is Coloquintida nay death in the pot 65. The Kings answer debated Monday 3 Jan. the Kings Answer to the said Bils and Propositions was debated in the House of Commons And first Sir Thomas Wroth Jack-Pudding to Prideaux the Post-master had his cue to go high and feel the pulse of the House who spake to this purpose That Bedlam was appointed for madmen and Tophet for Kings that our Kings of late had carried themselves as if they were fit for no place but Bedlam that his humble motion should consist of three parts 1 To secure the King and keep him close in some inland Castle with sure guards 2 To draw up Articles of Impeachment against him 3 To lay him by and settle the Kingdom without him he cared not what form of Government they set up so it were not by Kings and Devils Ireton's speech Then Commissary Ireton seeming to speak the sense of the Army under the notion of many thousand Godly men who had ventured their lives to subdue their enemies said after this manner The King had denied safety and protection to his people by denying the four Bils that subjection to him was but in liers of his protection to his people this being denied they might well dâ—ny any more subjection to him and settle the Kingdom without him That it was now expected after so long patience they should shew their Resolution and not desert those valiant men who had engaged for them be ond all possibility of retreat and would never forsake the Parliament unless the Parliament forsook them first After some more debate when the House was ready for the question Cromwel's Speech Cromwel brought up the rear and giving an ample Character of the valour good affections and godliness of the Army argued That it was now expected the Parliament should govern and defend the Kingdom by their own power and resolutions and not teach the people any longer to expect safety and government from an obstinate man whose heart God had hardned That those men who had defended the Parliament from so many dangers with the expence of their Blood would defend them herein with fidelity and courage against all opposition Teach them not by neglecting your own and the Kingdoms safety in which their own is involved to think themselves betrayed and left hereafter to the rage and malice of an irreconcileable enemy whom they have subdued for your sake â—nd therefore are likely to finde His future Government of them insupportable and fuller of Revenge than Justice lest despaire teach them to seek their safety by some other means than adhering to you who will not stick to your selves and how destructive such a resolution in them will be to you all I tremble to think and leave you to judge Observe he laid his hand upon his Sword at the latter end of his speech that Sword that which by his side could not keep him from trembling when S. Philip Stapleton baffled him in the House of Commons This concluding Speech having something of menace in it was thought very prevalent with the House The first of the four questions being put 66. The 4 Bils for no addresses nor applications passed That the two Houses should make no more Addressâ—s nor Applications to the King the House of Commons was divided 141 yeas to 91 noes so it was carried in the Affirmative The other three Votes followed these Vote with facility See them in print Upon the last of these 4 Votes the House was divided and candles were Voted to be brought it only to tell the House yet contrary to the said Order when the candles were in they proceeded farther as followeth The Members had been locked into the House of Commons from before nine of the clock in the morning to seven at night 67. The Committee of Safety revived and then the doors were unlocked and what Members would suffered to go forth whereby many Presbyterians thinking the House had been upon rising departed when presently the House being grown thin the Vote to revive the Committee of both Kingdoms called the Committee of safety at Darby-house passed by Ordinance dated 3 Jan. 1647. in these words Resolved c. That the powers formerly granted by both Houses to the Committee of both Kingdoms viz. England and Scotland in relation to the two Kingdoms of England and Ireland be now granted and vested in the Members of both Houses onely that are of that Committee with power to them alone to put the same in execution The original Ordinance that first erected this Committee and to which this said Ordinance relates beareth date 7 February 1643. in which the English Committees were appointed from time to tiâ—e to propound to the Scotish Commissioners whatsoever they should receive in charge from both Houses and to â—ake report to both Houses to direct the managing of the War and to keep good correspondency with forein States and to receive directions from time to time from both Houses and to continue for three months and no longer But this Ordinance 3 January 1647. vests the said power in the Members thereof onely and alone words
Answer â—o the Scots Declaration About the 24 of February the Answer to the Scots Declaration began to be debated in parts in which Debate the Covenant was much undervalued and called An Almanack out of Date Nathaniel Fiennes argued against it That that clause in the Covenant To Defend the Kings Person Crown and Dignity c. was inconsistent with their four Votes for making no Addresses to the KING To which was answered by some That then they would relinquish the four Votes and adhere to the Covenant About the beginning of March was given to Col. Sydenham and Col. Bingham 1000 l. a piece as part of their Arrears 80. Money shared amongst godly Members their Accounts not yet stated To the Lord of Broghil 2000 l. To Mr. Fenwick 500 l. for losses To Mr. Millington 2000 l. for losses To Col. Ven 4000 l. notwithstanding in was moved he might first account for Contribution money the plunder of the Country about Windsor and the Kings Houshold-stuff Hangings Linnen and Bedding Mr. Purie the Petty-bag office besides 1000 l. formerly given him To Purie's Son the Clerk of the Peaces place and 100 l. a year all Independents The 7. of March an Ordinance passed the Commons to settle 2500 l. a year land out of the Marquess of Worcesters estate 81. Cromwel upon Lieut. Gen. Oliver Cromwel I have heard some Gentlemen that know the Mannor of Chepstow and the rest of the Lands setled upon him affirm that in the particulars the said lands are so favourably rated that they are worth 5000 l. or 6000 l. a year It is farther said those lands are bravely wooded You see though they have not made King CHARLES a glorious King as they promised yet they have setled a Crown Revenue upon Oliver and have made him as great and glorious a K. as ever John of Leyden was Wonder not that they conspire to keep up this Army as well to make good these Largesses as to keep their guilty heads upon their Shoulders Thursday 9. March 82. A Message froÌ„ the Lords desiring the Commons concurrence to the Ingagement of the Members with the Army The Ingagem approved by threats the Lords sent a Message to the House of Commons To desire their concurrence to the Ingagement of those Members that fled to the Army to live and die with the Army It was debated all day untill 7. of the clotk at night and at last the ques ion put That this House doth approve the subscription of the said Members to the said Ingagement The House divided upon the question yeas 100. noes 91. Observe 1. that Mr. Solicitor Haslerig and many more when they perceived difficulty in passing it began to skirmish with their long Sword again And many told them they must live content without dores meaning the Army as well as within else all would go naught 2. 44. Of those Members that ingaged with the Army sate in the House and Voted in their own case many of them carrying themselves very high and insolent in their gestures and expressions 3. Many Presbyterians left the House because it was late and some as it is thought not daring to Vote in the Negative 4. This Engagement about six months ago had been sent to the Commons by the Lords once or twice and was rejected yet now was obtruded upon them again by the Lords who would not acquiesce contrary to the privileges of the House of Commons 5. This approbation thus surreptitiously gotten is equal to a Pardon sued forth before Conviction which in Law amounteth to a Confession of the Crime 83. The temper of the House tried had the Ingagement not been approved a new Charge from the Army intended 6. The Agitators tell you in Derby-house Projects pag. 7. That this Engagement was sent down to the Commons to try the temper of the House and if the House had not approved of the Eagagement the resolution of their secret Counsel was to fly to their Armes and make a new Charge against their principal opposers for they acknowledge amongst themselves That they Rule by Power only and that the House of Commons is no longer theirs than they overawe them and that they fear the Critical day will come which will discover the Parliament to be no longer theirs than while they have a force upon it As men ready to sink embrace every shadow of help and catch hold of leaves twigs and bulrushes to support them so these desperate and purblind protectors having engaged themselves in a way of Tyranny out of which they can find no issue lay hold of frivolous inventions to peece up from time to time their ill-laid designs like the man in the parable That patched up his old Garment with new cloath which breaking out again left the rent wider than it was before Their last project was to unite all Interests in the Houses City and Army 84 A project to unite all Interests To which purpose Cromwel the heaviest basest and most ridiculous Tyrant that ever any noble Nation groned under made a Speech in the House of Commons To which was Answered That the Members were chosen and trusted by the people to pursue one common Interest which was the common good the safety and Liberty of the People and whosoever had any peculiar Interest eccentrick from that was not fit to sit in that assembly and deserved to be called to a strict account by those that trusted him Observe See the Argument against all accommodatioÌ„ between the City and Grandees c. and the seasonable caution to the City printed at the latter end of this Book that the extent of this project was to conjoyn these three Interests from upholding the greatnesse of the Grandees in the Parliament City and Army for in all three the vulger multitude and the more modest and honest sort are but in the same condition with other men the Parliament bearing the Authority the Army the Sword and the City the purse The first shall be the Task-masters and impose Tribute The second the Sheriffs or rather free-booters to leavy it by distresse And the third the Brokers to receive and buy it off But it pleased God to bestow so much providence and integrity upon the City that when upon Saturday 8. April 1646. Cromwel and his fellow Grandees offered this temptation at a Common-Councel to them The City grew wiser than our first Parents and rejected the Serpent and his subtilties insomuch that Cromwel netled with the affront called his Solicitor Glover to account by what Authority he had offered the restitution of the Tower and Militia and the inlargement of their accused Aldermen who answered he did it by his Authority and delivered him a Warrant to that purpose signed by Sir Thomas Fairfax Oliver Cromwel Mr. Solicitor and young Sir Henry Vane which Cromwel had the impudence to put in his pocket Cromwel had felt the pulse of the City long before by his Agents Glover and Watkins
of one and the same desperate way of cure may joyntly have the same friends and foes and the same sins and quarrels to defend 8. Friday 16 June 1648. I was told the Committee of Derby house had lately received a Letter from Col. Hammond Governour of Carisbrook Castle informing them That unlesse they supplied him with Mony and Men he could give no good account of the King in case the Revolted ships should attempt his rescue and farther That he had matters of great importance to communicate to them but durst not commit them to Paper but if they would send for him up or send a Confident of theirs to him he would impart them This may probably be the businesse whereof Osburne gives information in his said Letters and it may be Mr. Walker had heard of this report in the Hall as well as my self and might have the same conceit of it that I have if it be lawfull for me to take measure of another mans judgement by my own 9. Lastly who knows whether a powerfull desperate party may have a design to take away the Kings life and then declare his two eldest Sons uncapable of Government supposing they deserted the Kingdom and invited forreign States to invade it and then Crown the Duke of Gloucester and so abusing his tender years usurp the protection of him and under colour of that authority establish by degrees their own usurpation and the peoples slavery having subdued their spirits by a long and customary bondage under them and having filled all places of power profit and preferment in the Kingdom with men of their own principles and Interests their own creatures and Confidents This Army last April in their Council amongst other things debated The Deposing of the KING why not murdering as well since few Kings are deposed and not murdered Dis-inheriting the PRINCE and Crowning the DVKE of YORK which was then approved of by Cromwell and Ireton Why may they not now dis-inherit both the elder Sons and Crown the Duke of Gloucester as well See the excellent Remonstrance of the Colchester Knights and Gentlemen 1648. which I have Printed herewith for your satisfaction That some such design might be to make away the KING and dis-inherit the PRINCE may well be suspected because the 12. day of July upon information That the Prince had sent into England some Blank Commissions to List men Weaver an Implement of the Army and Son to an Ale-house-keeper in Wilish moved the House of Commons to Vote the Prince a Traytor c. And I hear that Mr. Solicitor contrary to his Oath and duty of his place refuseth to be of Council against the said Rolf this Gentleman the Solicitor hath got above 300000 l. by keeping open shop to sell the cruell mercies of the new Great Seal to the Royalists 97. trinity-Trinity-house Petition for a Personal Treaty The 29. June A Petition was delivered the House of Commons from the Masters of Trinity-house Masters and Captains of Ships and Sea-men for a Personal Treaty with the KING declaring the great decay of trade to the undoing of many thousand families and that they would not fight against the revolted ships their Brethren who desired but the same things with thâ—â— Tho. Scot said That the Surrey-men first delivered a Petition for a Personal Treaty which was seconded by the Kentish-men in Armes and they by the City of London that all this was a design to ruine the Godly party That he had read of a Man who being asked when he was young Why he did not marry Answered It was too soon and being asked the same question when he was old Answered it was too late So he was of opinion there could be no time seasonable for a personal Treaty or a Peace with so perfidious and implacable a Prince but it would always be too soon or too late He that draws his sword upon his King must throw his Scabbard into the fire All peace with him will prove the spoil of the Godly To which was Answered That some men got well by fishing in troubled waters and accounted peace their spoil because war was their gain and they looked upon a Personal Treaty as a design against them under the notion of the Godly Honest Confiding party because a Personal Treaty was the high way to peace But the generality of the people who were despoyled of their Estates by the War resolved upon a Personal Treaty without which there is no hope of Peace they would no longer be made fuel to that fire wherein these Salamanders live nor any longer feed those Horse-leeches the Army their engaged party and Servants with their blood and marrow It now appears who desire a new War namely those Zealots who supply their indigent fortunes by War These men fear peace doubting they shall be forced to disgorge what they have swallowed in time of War Ven Miles Corbet Hill the petty Lawyer of Haberdashers hall the two Ashes Col. Harvy and many other thriving Saints opposed a Personal Treaty so their Petition had no successe I hear that not many days after the Committee of Derby house to take off this affront imployed Col. Rainsborough the quondam Neptune of our Seas to go up and down and solicit the Common sort of Marriners to subscribe and present the House of Commons with a counter Petition wherein they offered to live and die with the Parliament c. and that Rainsborough gave 12 d. a piece to as many as subscribed it This Petition was delivered The 2 of July 98. The City Petitions for a personal Treaty and after that upon occasion of the City Petition for a Personal Treaty in London upon the 5 of July the House of Commons again took into debate a Personal Treaty They spent much time upon the place where 1. Whether in the Isle of Wight which the Independents principally affected 2. Holdenby which they next inclined unto 3. Or any his Houses not nearer than 10 miles of London at his own choice 4. Or in the City of London Which two last places the Presbyterians approved of but chiefly London for London it was argued That the Common Council and Officers of the Souldiery would undertake for His safety against all Tumults In any other place he would be within the power of the Army who might probably take him away again as they did at Holdenby if they liked not the manner and matter of the Treaty London was a place of most Honor Safety and Freedom and would best satisfie the KING the Scots the people In all other places especially the Isle of Wight He would be still a prisoner to the Army and therefore all he should agree to would be void by reason of Dures Sergeant Wylde Answered That Custodia did not always in Law signifie Imprisonment Though He was under restraint of the Army He was not in Prison making a wyld kind of nonsense difference between Restraint and Legal Imprisonment which all but himself laughed at
The King cannot plead Dures no man can imprison or hurt the King in his politick capacity as King though in his natural capacity as man he is as passive as other men To which was replyed That it had been frequently said in the House the King was a prisoner That there was no difference in Law between a restraint and an imprisonment whether legal or illegal A tortious restraint is called in Law a false Imprisonment That former Kings have avoided their own Acts by pleading Restraint or Imprisonment and Constraint as R. 2. H. 3. That the King may as well plead Imprisonment as the Parliament plead a Force which they have lately done That the Kings Restraint in Law is Arcta custodia God grant it be salva custodia we have lately had Information to the contrary The distinction between the Kings natural and politique capacity was Treason in the Spencers and so declared by 2 Acts of Parliament in the time of Edw. 2. and Edw. 3. See Calvins case in my Lord Cook they are unseparable by the Law Tho. Scot argued That the City was as obnoxious to the Kings anger as any part of the Kingdom and if the Treaty should be in London who shall secure us that the City will not make their Peace with the inraged King by delivering up our Heads to Him for a sacrifice as the men of Samaria did the heads of the 70 sons of Ahab It was farther moved That if the King came not to London but to one of his houses about 10 miles from London That He might be desired to give His Royal word to reside there untill the Conclusion of the Treaty Col. Harvy slighted this motion vilifying the Kings Royal word and saying There was no trust in Princes he alleged the Kings promises had been frequently broken as when he protested the safety and privileges of Parliament should be as precious to Him as the safety of His Wife and Children and within three or four dayes after came with armed Guards to force the House and other instances which have been too often remembred and shall be here omitted At last they fell upon a report that the Committee of Lords and Commons had Voted They would not insist upon the 3 Votes preparatory to a Treaty viz. Presbytery the Militia and recalling all Declar Procla c. This was long argued to and fro At last it was Voted That the King be desired to assent to the said 3 preparatory Propositions 99 My Lord Say's discourse about a Personal Treaty and sign them with his hand to be passed as acts of Parliament when the King shall come to Westminster My Lord of Warwick had moved in the Lords House about this time for a Personal Treaty and was seconded by the Earl of Northumberland but my Lord Say opposed it and prevailed against it afterwards my Lord Say in his way home visited the Duke of Richmond and amongst other discourse told the Duke He was sorry to find so great an indisposition to peace saying he had moved for a Personal Treaty but could not prevail this was done upon hopes the Duke would have writ so much to the Queen or Prince But the Earl of Holland coming that day to see the Duke and the Duke relating to the Earl what the Lord Say had told him the Earl of Holland discovered the truth to him and so spoiled the design you see the Devil doth not always own the endeavours of his servants The said 5 July the Speaker as soon as he sate in his Chair 100. The news of the D. of Buck. taking Arms. alarmed the house of Commons with the news of the Duke of Buckingham's and the Earl of Holland's drawing into an hostile posture relating they were 2000. that they intended to take Lambeth-house that the Bullets would presently be about their ears if they did not rise which put the zealots into such a rout that they presently cried Adjourn adjourn until Monday and had hardly so much patience as to hear any reasons to the contrary but this was but a counterfeit fear the design hid under it was to prevent the City from bringing in that day their Petition for a Personal Treaty and to leave the whole power of the House during the Adjournment to the Committee of Derby house to raise what Horse and Foot they pleased under colour of suppressing this Insurrection For when they found they could not prevail to Adjourn 101. Skippon authorized to raise 1000 Horse they moved for power to be given to Maj. Gen. Skippon to raise Horse whether to possess the Avenues and passages from the City to the Earl of Hollands Army or to keep the City under the terror of a Horse Guard is doubtfull And the same day Mr. Swynfin reported from the Committee of Safety That they offered to the Consideration of that House 102. A Report from Derby house that the Members should underwrite for maintaining of Horse that it was fit the House should have a Horse Guard and that every Member should underwrite how many Horse he will pay for 10 days This is refused by some Gentlemen upon these grounds 1. It bears the aspect of an Imposition or Tax set upon the House by their Committee 2. The Members have not suffered alike and therefore cannot do alike some have lost much and got nothing others have got much and lost nothing and it is not equal that Losers should bear equall burthens with Getters and contribute out of their Losses to maintain other mens Gains and preserve them in their rich Offices and Bishops Lands purchased for little or nothing Gentlemen are made Beggers and Beggers Gentlemen 3. It is a dividing motion tending to lay an imputation of Malignancy and dis-affection upon those that cannot as well as those that will not subscrâ—be and so gives a great advantage to the Gainers over the Losers which the Losers have no reason to submit to 4. A Personal Treaty being now in debate this motion makes many Members forbear the House who cannot grant and dare not deny It carries with it therefore something of design and terror and so takes away the liberty of Parliament which when so weighty a business is handling is ought to be If this Horse Guard be raised how shall we assure our selves they shall be Disbanded after ten days being once under Command It is therefore a subtile malicious tyrannous act for the Committee of Safety to put so tempting a motion upon the House and give men cause to suspect that something of Design and Danger lies hid under it 103. The device of a forged letter About this time a Letter without any name subscribed was left at Major General Brown's house in his absence consisting of two parts 1. A Preamble of great respect and love born to him by the Epistoler for his fair carriage to the King and good affection to peace and reconcilement with the King 2. An Admonition to look to
Common-wealth to a Watch which they had taken in pieces and advised them to keep every piece and pin safe and put all in their right places again but now all the principal pieces are either broken or lost God grant them to number their houres better hereafter and to cloze well with our Master Work-man for though this Kingdom hath alwaies been Ruled by King Lords and Commons yet by the KING architectonicè and by the other Two organicè the King as the Architect the Lords and Commons as His Instruments each in his proper sphere of Activity without interfering and till this again come in use look for no peace The Independent Grandees of the Parliament and Army are much offended with the City and their adherents 107. The Armies Aspect upon the City and personal Treaty in Petitioning for a Personal Treaty with the King and give out That when they have done with Colchester they will humble the City and bring it to better obedience for which purpose they have already taken all the Block-houses upon the River East of the City Windsor-Castle West of the City and are now fortifying Gyddy-tall neer Rumford in Essex South from the City the like they intend at Hampton Court and to build a Fort upon the Isle of Dogs to keep under the Sea-men whereby possessing the principall ways and Avenues to the City they shall neither feed nor Trade but at the discretion of the Army In the mean time the Cities desires of a Personal Treaty are delayed and made frustrate by a tedious Conference between a Committee of Parliament and a Committee of Common-Council And Counter-Petitions against a Personal Treaty are sent about by Alderman Gybs Foukes Estwicke Wollaston Andrewes Nye the Independent Priest and others who hold rich Offices by favour of the Grandees to be subscribed even by Apprentice Boyes whereby it appears the Independents have no intent to make peace with the King but to engage in a new War thereby to contiune their Army and our Slavery The yearly Income they raise upon the people under colour of this War besides the Kings Revenue Sequestrations and Compositions amounts to three Millions sterling per annum being six times as much as ever the most greedy and burdensom of our Kings raised where our Stewards hide these our Talents publick Debts and Arrears being unpaid were worth finding out if any but the Devil could give an Account thereof But this is an unsoundable Gulf here my plumb-line faileth me 108. Major Gen. Skippon's complaint The 10. of July Major General Skippon complained in the House of Commons of a printed Paper called A Motive to all loyal Subjects to endeavour the preservation of his Majasties Person wherein he pretended he was falsly and scandalously slandered for speaking some words in the House to divert the Examination of Mr. Osborn's Charge against Rolf. The House that is the Independents were as diligent to become his Compurgators and vindicate his credit by passing and Printing 5. Votes for him as they had formerly been to ruine the KING'S Honour by passing a Declaration against Him This fellow Skippon was heretofore Waggoner in the Low-Countries to Sir Francis Vere after that came over into England a poor forlorn Commander and obtained of the King his Letters of Commendation to keep a kinde of Fencing School in the City Military yard and teach the Citizens the postures of the Pike and Musket and Train them where he wore the mask of Religion so handsomly that he soon insinuated into their favours and found them very bountifull Patrons to him there he got his fat belly and full purse from the City he became Major Generall to the new-modelled Army and observing some discontents arising between the City and Army and being willing to keep two strings to his bow that he might uphold his credit with the City he voluntarily submitted himself to some affronts purposely and politickly put upon him in the Army and yet that the Army might understand him to be their creature he marched with the Army in their Triumph through the City still carrying himself as a moderate reconciling man and sweetning the insolencies of the Army by making milde and fair interpretations of their Actions yet still so much magnified the power of the Army as if he would perswade the City they were beholding to the Army for making no worse use of their strength against them Thus as many other moderate prudential men do he lay a good while undescried in the bosome of the City and there as a Spie and Intelligencer kept Centry for the Army untill such time as the City petitioning the Commons for restoring of their own Militia to them again the Council of the Army to mock them with an uneffectuall Militia by their engaged party in the House and the Committee of Derby-house of which Cabal Skippon is one caused their confiding man Skippon not only to be named of the Committee of the Militia although no Citizen but to be obtruded upon the City as their Major General Commander in Chief of all their Forces without whom nothing is to be acted This being resented and opposed as contrary to the Cities Charter and Liberties Skippon found he was discovered and then taking advantage of the Earle of Holland's going forth into Arms upon a Report from the Committee of derby-Derby-house the Commons ordered that a Party of Horse should be raised and listed under Skippon Skippon by vertue of this Order granted Commissions to divers schismaticall Apprentices to raise men underhand and authorized the said Commissioned Apprentices to grant Sub-commmissions again to other Apprentices under them for the like purpose This was pretended to prevent Tumults and Insurrections but indeed it was to joyne with the Independent party of the City and the army when they have done their work at Colchester in purging the Presbyterians out of the Common-Council and Parliament in reference whereto the Army have resolved not to march Northwards against the Scots untill they have brought this City to more absolute obedience or laid it in the dust according to Cromwel's advice as a preparative to which design the prevailing party in the House Yet they knew they came in by Authority of the Parl. of Scotland July 15. hand over head Voted All such Scots as are come into England in hostile manner without consent of both Houses of Parliament of England Enemies to the State and all such English as do or shall adhere to aid or assist them Traitors and the next day following Weaver oâ—enly in the House affirmed that the Scotish design of D. Hamilton the Colchester design and that of the Earl of Holland were all begun and carried on in the City of London to which Ven the two Ashes Harvy Scot Miles Corbet Blackstone Sir Peter Wentworth and others gave applause loe here a foundation laid for a new Charge against the City when the Army are at leasure to make use of it This Hypocrite
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
of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their Lives and Fortunes the Person Authority Title of our aforesaid Lawful KING and Suprem Governour the undoubtful Heire of all his late Fathers Dominions CHARLS the Second by the Grace of God King of Great Britaine France and Ireland c. against all opposites and pretended Authorities whatsoever unlesse they will be guilty of the fowlest sinnes of Treason Rebellion Perjury and Perfidiousnesse against their God their King and Countrey and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a farre more Arbitrary and Tyrannical Power over our Consciences Persons Liberties and Estates then ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawlesse Tyrants under Heaven An Exhortatory CONCLUSION to the English NATION Compare the Date of the K. Commissions with those of the Parliament and their Declarations on both sides TO conclude the series of Affaires and Action on both Parties especially of late rightly compared it appeareth by the sequel That KING CHARLES the First from the beginning took up Defensive Armes to maintain Religion Lawes Liberties and the Antient fundamental Being of Parliaments and this Kingdome and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to change the Fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supreme Authority to enslave the People with an Oligarchical Military and Arb trary Government to raise what illegal Taxes they please to establish their Tyranny and enrich themselves and their Party to oppresse consume and devoure all Men of a judgement contrary to their Interest to Murder them by new declared arbitrary Treasons contrary to the Stat. 25. Edw. 3. for ascertaining Treasons to Disfranchise them of their birth-rights and make them Adscriptios Glebae Villains Regardante to their owne Lands which the Nobility Gentry and Yeomanry plough sowe and reap whilest Brewers Dray-men and Coblers eate drink and play upon the sweat of their Labours and are the Usufructuaries of their Estates All which they have lately brought to passe wherefore let all true Engl shmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with one voice cry out 1. We will not Change our Ancient setled and well-approved Lawes to which we are sworne 2. We will not Change our Ancient and well-tempered Monarchy to wh ch we are sworne 3. We will not change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous then themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by fourty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or title soever they shall mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING See the Star of Recognition 1. Iac. and the Oaths of Allegiance Obedience and Supremacy and The KING whom the Lawes of God and this Land have designed to us we being by the Oaths of Allegiance Obedience and Supremacy sworne to beare faith and true Allegiance to KING CHARLES the First his lawful Heires and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The History of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions does naturally arise out of the Premises of this Second Part of the History and do as aptly serve to illustrate this Second as that First part wherefore to that First Part I send thee for opening thy understanding When our old Lawes run again into their Ancient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apology and shew what he hath done and suffered for the Parliament and Kingdom THE END TO THE READER READER having spoken to thee in the First Part I might have forborn thee in this Second did I not feare to seem guilty of the fullennesse and malignity of these times The subject-matter of my Book is a Combination or Faction of Pseudo-Polititians and Pseudo-Theologicians Hereticks and Schismaticks both in Divinity and Policy who having sacrificed to their Fancies Lusts Ambition and Avarice both their God and Religion their King and Country our Laws Liberties and Properties all duties Divine and Humane are grown so far in love with their prosperous Sins as to entitle God himself to be Father and Author of them from whose written Word and revealed Will held forth to us in the Scriptures as the only North Pole and Cynosure of our Actions where they find no warrant for their doing they appeal to the secret Will and Providence of God to which they most Turkishly and Heathenishly ascribe all their enormities only because they succeed and from that Abysse of Gods Providence draw secondary principles of Necessity and Honest Intentions to build the Babel of their confused Designes and Actions upon not considering that wicked Men perform the secret Will a God to their Damnition as good Men do the known Will of their Father to their Salvation If a Man lie sick to death and his Son wish him dead this is Sin in the Son although his desire concur with the Secret Will of God because the Son ought to desire the preservation of his Fathers life whereto the Will of God revealed in his Word obligeth him and vivendum secundùm Praecepta non secundùm Decreta Dei The secret Will and Providence of God can be no rule and law of our Actions because we know it not nor can search into it without presumption We must not therefore altum sapere think our selves too wise and well-gifted to tie our selves to the Scripture of God and lust after Revelations and Inspirations expecting God should rain Bread from Heaven for us Manna Exod 16.4 but be wise unto Sobriety But prosperum scelus virtus vocatur Thus casting off the written Word of God unless where by an enforced Interpretation they can squeeze Atheisme and Blasphemy out of it as they do somtimes rack Treason Murder and Non-sense out of our Laws and Parliament-Priviledges conducible to their ends they insensibly cast off God himself and make themselves both the
a Corporation of Tyrants suspect an opposition from the Levellers and would faine turn them out of the Kingdome into Ireland to seek their fortunes and practice their Levelling principles in a strange Land The Levellers more numerous in the Army though lesse numerous in the said Committee strain courtesie with their Betters and would have them go first thinking the seeds of liberty and equality will prosper better in the soyle and aire of England While they were disputing if Marquesse Ormond had been acting as he had been had not the King been necessitated to retard him by his said Letters sent from the Isle of Wight during the Treaty the King had recovered that Kingdom intirely to himself which had bin of great advantage to him The 20. Novemb. 1648. Col. Ewers with seven or eight Officers more presented at the House of Commons Barre a thing called by those that use to miscal things An humble Remonstrance of the Army It is founded upon these five Anarchical Principles 1. That themselves and their faction only whom they call exclusively the Well-affected Godly Honest Party the Saints are the People of England all the rest but Philistines Amorites or at the best but Gibeonites 2. That their Interest only is the publick Interest of the People 3. That the People that is themselves are the only competent Judges of the peoples safety contrary to the Lawes and Practice of all Nations which bestow that Prerogative only upon the Supreme Magistrate but it may be here lies hid another subsequent principle That they are the Supreme Magistrates armed with Supreme Authority as well as with their Swords and hereupon they as good as tell the House That if their supposed dangers be not removed and those remedies which they Remonstrate admitted they shall make such appeal to God that is their Sword as formerly they have done 4. Principle is consequential to the 3. That they may drive on their designe upon pretence of necessity self-preservation honest intentions providence or revelation against all Powers Formes of Government and Lawes whatsoever under colour of the much abused Maxime Salus Populi Supremae Lex esto the safety of the People is the Supreme Law which hath been the fruitful Mother of many Rebellions in all Ages to serve the corrupt ends of ambitious Persons who usually fish in troubled waters to attaine to those ends which they could never arrive at in setled Governments This is a Principle or new light discovered by Major Huntington That it is lawfull to passe through any formes of Government for accomplishment of their ends and therefore either to purge the Houses and support the remaining Party by power everlastingly or put a period to them by force and themselves imploy as much in this Remonstrance p. 45. saying It cannot be safe to accommodate with the King because if He returne and this Parliament continue long and unlimited He will make a Party amongst them He hath bid faire for it among the Commons already and the Lords are his owne out of Question and therefore we dare not trust the King amongst them Againe they say That if the King come into the Parliament He will be looked upon as the Repairer of breaches Restorer of trade peace plenty c. and if the Army should keep up as it must upon Taxes the Houses and Army will be looked upon as Oppressors and the jealousies and discontents of the People be increased against them and make them apt to joyne issue with the Kings interest and may yeild us up a sacrifice to appease the King and his Party out of these words and their owne practice I concluded for them ergo They may carry on their designe upon necessity for self-preservation against the Monarchical Government and Law of the Land to murder the KING as they have since done Againe they say If the King were returned each Party would strive first and most to comply with Him ergo there is a necessity to subvert the Kingdome and murder the KING Behold what use these cowardly Saints make of necessity and self-preservation 5. That they may appeale to their Sword against the Authority of any their Governours in order to publique safety which two last conclusions set the door wide open to Faction and Rebellion since the People are ever floating and given to change and every turbulent ambitious Fellow is apt to raise them into a storme against their Governours for their fabulous assertions wherewith these Saints usually guild over their foule actions 1. That the Houses were free when they passed the 4. Votes for Non-Addresses 2. That they were not free when they recalled them 3. That the People were quiet and contented untill the recalling those 4. Votes and afterwards were unsetled and presented clamorous Petitions 4. That the Army did not apply themselves to the King untill he proffered himself to them 5. That when they made Addresses to Him it was but to prevent the Presbyterian Party But it appeares their ayme from the beginning was to suppresse the Presbyterian and advance their owne Party and lay by the King and domineer over Him and the Kingdome for when Cromwel had brought his Designe to perfection he said at Kingston That he was as fit to rule the Kingdome as Hollis 6. And then but hypocritically Sect. 65.66 68 69 70 71 72 73 74 75 88 89 97 98. All these are sufficiently confuted in my said Animadversions and in the said Plea for the King and Kingdome in Putny Projects and in my First part of the History of Independency After all this tedious stuffe aforesaid they make Propositions to the Parliament of two sorts all founded upon the said five Antimonarchical Principles The first for satisfying publique Justice that is for the Hang-man to teach the Judges who they shall sentence to execution 1. They demand the Person of the King may be brought to speedy Justice this affront they put upon the Parliament when they were neer conclusion of their Treaty with Him when He had already granted more to his Subjects than ever any King condescended to The Kings Supremacy and from thence his indempnity proved this is through the sides of the King to give Monarchy the fundamental Government and Lawes of this Land and consequently the Liberty and Property of the People their Deaths-wound By the Law of God nature reason and the Lawes of all Kingdomes impunity is an inseparable prerogative of Kings as they are Supreme in their Dominions See the Oaths of Allegiance Supremacy Stat. of Recognition 1 Jac. Cokes Institut 5.1 Stamford's Pleas of the Crowne l. 1 ch 1 2 Stat. 25. Edw. 3 42. E. 3. Read Mr. Pryns Memento to the unparliamentary Iunto his Speech in the House of Commons 4. Dec. p. 72 73 74 75 76 77. and my 1. part sect 106. The Conclusions sect 17. and my Animadversions p. 18. the Petition of Right 3. Caroli Declares That they had no power to hurt the Kings Prerogative much
Setlement may be immediately suspend tâ—e Hâ—uâ—e and that all such faithfull Members who are innâ—cent of 〈…〉 s would by Protestation acquit themselves from any 〈◊〉 in them that they may be distinguished This is â—o subvâ—â—t the foundation of Parliaments and appeale to the judgement of the many-headed multitude without doors and put all into Tumâ—lts You see what kind of Parliament the Kingdome hath had ever since the Army Rebelled and Refused to Disband a â—eer â—ree-Schoole where Crommel is Head-school-master Irâ—â—n Usâ—eâ— and that cypher Fairfax a Prepositer surely these â—en are either the supreme Judges or the supreme Rebels and Tyrants of the Kingdome This Paper was delivered in but they scorning to sâ—ay for an Answer by advice of their Independent Grandees of the Junto upon Wednesday morning Decemb. 6. 16â—8 Sent two or three Regiments of Horse and Foot to Wâ—stminster set strong Guards at the Houses doors the Lobby câ—aires and at every door leading towards the House admitting none but Parliament men to enter Westminster-hall where Col. Pride Col. Hâ—wson and Hardres Waller sometimes a Cavalier then a violent Presbyterian and now a tyrannical â—ndependent violently seized upon divers Knights and Burgesses upon the â—arliament staires and elswhere going to the House and forcibly carried them away Prisoners to the Queens Court without any warrant shewed or cause assigned and there set strict Guards upon them Mr. Edward Stephens and Col. Birche being in the House of Commons were called forth by feigned Messages sent in by some Officers under other Mens Names and there violently pulled out of the door though they called to the Speaker to take notice of the force The House sent the Sergeant of the â—ace to command the Imprisoned Members attendance but the Guards would not let them come A second time the Sergeant was sent with his Mace upon the same Errand but Col. Pride in the Lobby would not let him passe which contempt was entred in the Journall Book Hereupon the House concluded not to proceed in businesse until their Members were restored and sent to the General about it yet afterwards when the Officers had several dayes secured secluded and frighted away more of the Members and made the House a Conventicle of their own Complexion then the House prevaricated and deserted their Members About three of the Clock afternoon Hugh Peters with a Sword by his side but not the Sword of Saint Peter came into the Queens Court to take a List of the Prisoners Names by order from the Generall as he said where being demanded by what Authority they were imprisoned he answered By the power of the Sword Night being come the Imprisoned Members 41. in number were conveyed away to a Victualling-House called HELL and there kept all Night without Beds or any fitting Accommodation when it grew late some of them had offers made them to go upon their Parolls to their own Lodgings and to appear the next morning at White-hall but this was but a jugling trick to make them acknowledge the Lord Fairfax Authority and become voluntary prisoners upon their own engagementâ— and was therefore refused The next morning being Thursday the Imprisoned Members had warning given them to meet the General and his Councel of Warr at White-hall whither they were guarded in Coaches tyred out with watching and fasting But the mechanick Councel took so much state upon them that after six or seven houres attendance until dark night and no admittance nor application to them they were led away from thence on foot with Guards of Musketiers like Thieves and Rogues and thorow the kennels like Col. Prides Dray-horses to the Swan and Kings-head two Innes in the Strand and there distributed under several Centinels The Souldiers making a stand with them sometimes half an houre together in the snow and raine until they had put their Guards into a maâ—ching posture and reviling them See the 2. part of Englands Chaines discovered and the Hunting of the Foxes c. that they were the men that had cousened the State of their money and kept back their Pay Upon which scandalous provocation some of them Answered That it was the Committee of the Army and their owne Officers that had cousened them which some of the Foot-souldiers then acknowledged Besides the 41. Imprisoned Members the Officers standing several dayes with Lists of Names in their hands at the Parliament-door have turned back from the House and denied entrance unto above 160. other Members besides 40. or 50. Members who voluntarily withdrew to avoid their violence all whom they know to be Losers by the VVarre and therefore desirous of a safe and wel-grounded peace so that they have made warre against the majority of the House that is against the whole House for major pars obtinet rationem totius by all our Lawes and Customes The major part of the House is virtually the whole House which is Treason by their owne Declarations and Remonstrance farre higher than that whereof they accuse the King and for which they demand Justice against Him and the remaining faction of 40. or 50. engaged Members who now passe unpresidented Acts of Parliament of the House of Commons as they call them without the Lords ought not to sit Act nor take upon them the stile of a House under so visible actual and horrid a force both by the Lawes of the Land and their owne Ordinance passed August 20. 1647 To null and void alâ— Orders Votes and Acts passed under the Tumult of Apprentices from July 26. to the 6. August following and yet the said Tumult ended the said July 26. when it begun See the said Ordinance herewith printed The Army who now acknowledge no power but that of the Sword as Major White long since foretold at Putney and whose principle it is To break the Powers of the Earth to pieces as Will. Sedgewicke in his Justice upon the Army-Remonstrance saith And who as Joh. Lilburne in his Plea for Common Right p. 6. saith have by these extraordinary proceedings overturned all the visible supreme Authority of this Nation now suffer only their own party of 40. or 50. Members to sit and do journey-work under them who are Enemies to peace and have got well by fishing in troubled waters and hope to get better so that hardly a seventh or eight part of the Counties Cities and Burroughs that ought to have Members sitting have any body to represent them and therfore how they shall be bound by the Votes and Acts of this fagge end this Rump of a Parliament with corrupt Maggots in it I doe not see Friday Decemb. 8. a Message from the General was brought to Sir Robert Harlow that he might go home to his house giving his engagement not to oppose the actings and proceedings of this present Parliament and Army The like was offered to diverse others you see hereby what the offence of these Imprisoned Members is onely a feare that they will defend the fundamental Government the
Religion Lawes and Liberties of the Land the Kings Person and Authority the being of Parliaments against the Tyrannicall and Treasonable practises of the Army and their House of Commons The small remnant of the House of Commons sent sundry times to the Generall to know why be Imprisoned their Members 24. Reasons proving that the remaining faction or Iunto sitting under the force of the Army were consenting to the securing secluding their Members sect 134. 135. and humbly to beseech him to set them at liberty if he had nothing against them But all this was but prevarication and false shews for 1. Their base and conditionall way of demanding their Liberty if he had nothing against them implies an acknowledgement of the Generalls jurisdiction and conusance over them and an invitation of him to accuse them 2. Their sitting and acting under so brutish a force before their Members righted or the honour of the House vindicated is a deserting and yielding up of their Members honour 3. Their Voting an approbation of the matter of the Generall Officers scandalous and jugling Answer to their said Demands concerning the secured and secluded Members as afterwards they did without hearing what the said Members could say for themselves is cleerly a fore-judging and bâ—traying them 4. Their late Votes That no man shall peruse their Journall Book of Orders c. without speciall leave is purposely done to barre the said Members who cannot make any perfect Answer in confutation of the Scandals cast upon them by the General Councels printed Libel against them without having recourse to the said Book to see what Votes passed for Iâ—eland for the 200000 l. and other matters To say nothing how unusefull and unjust it is to keep the Records of the House from the view and knowledge of any man yet to expect their obedience to them 5. Their exceeding strict and severe prohibiting the printing any Books not Licenced and imploying Souldiers to Search all Printing Houses daily is done in order to barre the said accused Members from publishing an Answer in their justification 6. Their Summoning Mr. Pryn by order to appear at the Commons Barre knowing him to be still a Prisoner to the Army shews that the Army and they serve each others turns against them 7. And Lastly the Declaration of the present House of Commons dated Jan. 15. 1648. is nothing but an eccho of the said answer of the Generall Councell against the said secured and secluded Members They that are so wickedly industrious to destroy these Gentlemens credits do this as a preparative to destroy their Persons and seize upon their Estates for the maintenance of a new War which they foresee their violent courses will bring upon them and for the farther inriching of themselves and establishing their Tyranny which they miscall The Liberty of the People This violent purge wrought so strongly upon the House and brought it to that weakness that ever since it is eleven or twelve of the clock before they can get forty Members together to make an House of which number they sometimes fail One time the Members would have had the Speaker go on upon businesses with a less number than forty but he knowing all so done to be illegall and void refused and yet to piece up the House they permit Mr. Blagrave Mr Frye and Humphry Edwards to sit as Members notwithstanding their Elections are Voted void by the Committee of Elections and one day an Officer of the Army having taken some Members going to the House and secured them in the Tobacco Room under Guard The Speaker not being able to muster enough to make a House was fain to send to the said Officer to lend him his said Prisoners to make up a Free Parliament This disgrace put upon the Imprisoned Members is purposely intended as an Invitation to all their Enemies to come in and accuse them nay it can be proved that means hath been used to suborn Witnesses against them besides which the Faction have made a strict Inquisition into their lives and conversations and have hitherto met with nothing 25. The day after the House purged in comes Dr. Cromwell and Henry Martin his Apothecary Thus the House being throughly purged the next day in comes the Dr. O. Cromwel out of the Country bringing in under his Protection that sanctified Member Henry Martin who had spent much time in plundering the Country had often baffled the House and disobeyed many of their Orders sufficient to have made an honest man a Malignant liable to Sequestration But great is the priviledge of the Saints It fortuned that day the case of the secured Members was reported to the House which Harry interrupting desired them to take into consideration the deserts of the Lieutenant General which with all slavish diligence was presently done And the Speaker moved that to morrow might be a day of Humiliation to be kept in the House to humble the Spirits of the Godly much overleavened with the Scotish Victory That you may the better understand how farre they mean to be humbled Hugh Peters the Pulpit-Buffon was one of their Chaplains who in stead of delivering the Oracles of God delivered the Oracles of the Councell of Warre to them talking obscurely of Accommodation and Moderation and advising them to adjourn till Munday or Tuesday I think that the Army might cut out work for these Journey-men of theirs and might work their wills upon the City in the mean time when no House should be sitting for the Citizens to addresse their Complaints to for in the interim they Garrisoned Black Fryars and S. Pauls reforming it from the Church of God to a Den of Thieves Stable of Horses and Brothell of Whores and Robbed diverse Halls in London of vast sums of money by the prerogative royall of the Saints The 11. day of Decemb. 1648. 26 A declaration of the secured and secluded Members against the violence of the Army the said secured Members published a printed Paper as followeth A solemn Protestation of the imprisoned and secluded Members of the Commons House Against the horrid force and violence of the Officers and Souldiers of the Army on Wednesday and Thursday last the 6. and 7. of Decemb. 1648. WE the Knights Citizens and Burgesses of the Commons House of Parliament above one hundred in number forcibly seized upon violently kept out of the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax coming thither to discharge our duties on Wednesday and Thursday last being the 6. and 7. of this instant December do hereby in our Names and in the Names if the respective Counties Cities and Burroughs for which we serve and of all the Commons of England solemnly protest and declare to the whole Kingdom That this execrable force and open violence upon our Persons and the whole House of Commons by the Officers and Army under their command in marching up against their command and placing
could not be carried on by any private designe in Conventicles and corners as are all the bloudy Petitions for justice justice against capital Delinquents and the most High which being penned and solicited by the Army or sectary Committee-men 48. Somersetshire encouraged by the House to associate all the wel-affected i. e. all the Anarchists and Cheaters and subscribed and prosecuted by some few beggerly Schismaticks without Cloaks in the Names of whole Counties whom they had the impudence to belie were entertained in state and they and that wel-affected County though they abhorred the villany thanked for their paines * 25. Decemb. The House voted a Letter to be sent by way of encouragement to the County of Somerset to go on with setling their association with the wel-affected and forces of the Counties adjacent this is to associate and Arme all the Schismaticks Committee-men guilty and desperate Persons Antimonarchists and Anarchists against all the peaceable and honest men of the Kingdome 26. Decemb. Mr. Pryn sent a Letter to the General 49. Mr. Pryns Letter to the General demanding his liberty demanding his liberty and seconded it with a Declaration as followeth Mr. Pryn's Demand of his Liberty to the Generall Decemb. 26. 1648. with his Answer thereto And his Declaration and Protestation thereupon For the Honourable Lord Fairfax Generall of the present Army THese are to acquaint your Lordship 50. Mr. Pryns Declaration seconding his said Letter That I being a Member of the Commons House of Parliament a Free-man of England a great Sufferer for and an Assertor of the Subjects Liberties against all Regal and Prelatical tyranny and no way subject to your owne your Councel of Warrs or Officers military power or jurisdiction going to the House to discharge my duty on the 6 of this instant December was on the staires next the Commons House door forcibly kept back entring the House seized on and carried away thence without any pretext of Lawfull Authority therto assigned by Colonel Pride and other Officers and Souldiers of the Army under your Command And notwithstanding the Houses demand of my enlargement both by their Sergeant and otherwise ever since unjustly detained under your Marshals custody and tossed from place to place contrary to the known Priviledges of Parliament the Liberty of the Subject and fundamental Laws of the Land which you are engaged to maintaine against all violation And therefore do hereby demand from your Lordship my present enlargement and just liberty with your Answer hereunto From the Kings-head in the Strand Decemb. 26. 1648. William Pryn. This was delivered to the Generals own hands at his House in Queen-street about three of the clock the same day it beares date by Doctor Bastwijcke VVho returned this Answer by him upon the reading therof THat he knew not but Mr. Pryn was already released and that he would send to his Officers to know what they had against him VVho it seems act all things without his privity and steer all the Armies present counsels and designes according to their absolute wills The Publique Declaration and Protestation of William Pryn of Lincolnes Inne Esquire Against his present Restraint and the present destructive Councels and Jesuiticall proceedings of the Generall Officers and Army I VVilliam Pryn a Member of the House of Commons and Freeman of England who have formerly suffer'd 8. years Imprisonment four of them close three in exile three Pillories the losse of my Ears Calling Estate for the vindicating of the Subjects just Rights and Liberties against the arbitrary tyranny injustice of King and Prelats and defence of the Protestant Religion here established spent most of my strength and studies in asserting the Peoples just freedom and the power and priviledges of Parliament against all Opposers and never received one farthing by way of damages gift or recompence or the smallest benefit or preferment whatsoever for all my sufferings and publicke services Do here solemnly declare before the most just and righteous God of Heaven and Earth the Searcher of all hearts the whole Kingdome English Nation and the World that having according to the best of my skill and judgment faithfully discharged my trust and duty in the Commons House upon real grounds of Religion Conscience Justice Law prudence and right reason for the speedy and effectual setlement of the peace and safety of our three distracted bleeding dying Kingdoms on Monday Dec. 4. I was on Wednesday morning following the 6 of this instant going to the House to discharoe my duty on the Parliament staires next the Commons door forcibly seized upon by Col. Pride Sir Hardress VValler and other Officers of the Army who had then beset the House with strong Guards and whole Reg of Horse and Foote haled violently thence into Queens Court notwithstanding my Protestation of breach of priviledge both as a Member and a Freeman by a meere usurped tyrannicall power without any lawfull Authority or cause assigned and there forceibly detained Prisoner with other Members there restrained by them notwithstanding the Houses double demand of my present enlargement to attend its service by the Sergeant and that night contrary to faith and promise carried Prisoner to Hell and there shut up all night with 40. other Members without any lodging or any other accommodations contrary to the known Priviledges of Parl. the fundamental Laws of the Realm and Liberty of the subject which both Houses the 3. Kingdoms the General with all Officers and Soldiers of the Army are by solemn Covenant and duty obliged inviolably to maintain Since which I have without any lawful power or authority bin removed and kept prisoner in several places put to great expences debar'd the liberty of my person calling denied that hereditary freedom which belongs to me of right both as a Freeman a Member an eminent sufferer for the publick and a Christian by these who have not the least shadow of authority or justice to restrain me and never yet objected the least cause for this my unjust restraint I do therfore hereby publickly protest against all these their proceedings as the highest usurpation of an arbitrary and tyrannical power the greatest breach of faith trust Covenant priviledges of Parl. and most dangerous encroachment on the Subjects liberties and Laws of the Land ever practised in this Kingdome by any King or Tyrant especially by pretended Saints who hold forth nothing but justice righteousnesse liberty of conscience and publick freedom in all their Remonstrances whils they are triumphantly trampling them all under their armed iron feet And do further herby appeal to summon them before all the Tribunals and powers in heaven and earth for exemplary justice against them who cry out so much for it against others less tyrannical oppressive unjust and fedifragus to God and men than themselves And do moreover remonstrat that all their present exorbitant actings against the King Parl. present Government and their new modled representative are nothing else
all the Parliaments Declarations and Remonstrances held forth to the world their Treaties and promises made to the Scots when they delivered the Kings Person into our hands against our promises made to the Hollanders and other Nations and against all the Professions Declarations Remonstrances and Proposals made by this Army when they made their Addresses to the King at New-market Hampton-Court and other places William Pryn. Clem Walker January 19. 1648. 75. The Coun of Officers order 2. Petitions for the Commons House against Tythes 2. against the Stat. for Banishing the Jews Aout this time the Generall Councell of Officers at White-Hall ordered That two Petitions or mandates rather should be drawn and presented to their House of Commons One against Payment of Tythes the other for Repealing the Act for Banishment of the Jews Hear you see they shake hands with the Jews and crucifie Christ in his Ministers as well as in his Anointed the King About this time Col Tichburn and some schismaticall Common-Councell-men 57. Col Tichburns Petition and complaint against the Lord Mayor and their Orders thereupon The like Petitions were invited from most Counties where a dozen Schismâ—ticks and two or three Cloaks represented a whole Country presented a Petition to the supreme Authority the Commons in Parliament demanding justice against all grand and capitall Actors in the late Warres against the Parliament from the highest to the lowest the Militia Navy and all Places of power to be in faithfull hands that is in their own Faction all others being displaced under the generall notion of disaffected to settle the Votes That the supreme Authority is in the Commons in Parliament assembled They complained That the Lord Mayor and some Aldermen denied to put their Petition to the Question at the Common Councell and departed the Court with the Sergeant and Town-Clerke That the Court afterwards passed it Nemine contradicente The Commons thanked the Petitioners for the tender of their assistance and Ordered That the Petition should be entered amongst the Acts of the Common Councell and owned them for a Common Councell notwithstanding the departure of the Lord Mayor c. And about four or five daies after the Commons Ordered * See a just and solemn Protest of the free Citâ—zens of London against the Ordinance 17. Decemb. 1647. disabling such as had any hand in the City Engagment to bear Office That any six of the Commons Councell upon eme gent occasions might send for the Lord Mayor to call a Common Councell themselves and any forty of them to have power to Act as a Common Councell without the Lord Mayor any thing in their Charter to the contrary notwithstanding Thus you see the Votes of this supreme thing the House of Commons are now become the onely Laws and Reason of all our actions 77 An Act passed for adjournment of part of Hillary Term and the Lords concurrence rejected The 16 Jan. 1648. was passed an Act of the Commons for adjournment of Hillary Term for fourty daies This was in order to the Kings Triall but the Commissioners of the Great Seal declared That they could not agree to seal Writs of Adjournment without the Lords concurrence the assent of one Lord being requisite their tame Lordships sent down to the Commons to offer their readiness to joyn therein But the Commons having formerly Voted The Supreme Power to be in themselves as the Peoples Representative and that the Commons in every Committee should be empowered to Act without the Lords The Question was put Whether the House would concurre with the Lords therein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seal should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers the Army Diurnall from Jan. 15. 10. 22. 1648. nu 286. 20. January Lieut. Generall Hammond with many Officers of the Army presented to the Commons from the Generall and Councell of the Army a thing like a Petition with The Agreement of the People annexed Mr. Speaker thanking them desired them to return the hearty thanks of the House to the Generall and all his Army for their gallant services to the Nation and desired the Petition and Agreement should be forthwith printed to shew the good affection between the Parliament and Army I cannot blame them to brag of this affection being the best string to their bowe About this time some wel-meaning man that durst think truth in private published his thoughts under the Title of Six serious Quaeries concerning the Kings Triall by the High Court of Justice .. 79. 6. Queries concerning the Kings Triall by the new High Court of Justice 1. Whether a King of three distinct Kingdoms can be condemned and executed by one Kingdom alone without the concurrent consent or against the judgement of the other two 2. Whether if the King be indicted or arraignd of high Treason he ought not to be tried by his Peers whether those who are now nominated to trie him or any others in the Kingd be his Peers 3. Whether if the King be triable in any Court for any Treason against the Kiâ—gdom He ought not to be tried onely in full Parliament in the most solemn and publike manner before all the Members of both Houses in as honourable a way as Strafford was in the beginning of this Parliament And whether He ought not to have liberty and time to make His full defence and the benefit of his learned Counsel in all matters of Law that may arise in or about his Trial or in demurring to the jurisdiction of this illegal new Court as Strafford and Canterbury had 4. Whether one eighth part only of the Members of the Commons House meeting in the House under the Armies force when all the rest of the Members are forcibly restrained secluded or scared away by the Armies violence and representing not above one eighth part of the Counties Cities Boroughs of the Kingdom without the consent and against the Vote of the majority of the Members excluded and chased away and of the House of Peers by any pretext of Authority Law or Justice can erect a New great Court of Justice to try the King in whom all the rest of the Members Peers and Kingdom being far the Major part have a greater interest then they Whether such an High Court can be erected without an Act of Parl. or at least an Ordin of both Houses and a Commission under the Great Seal of England And if not whether this can be properly called a Court of Justice and whether it be superiour or inferiour to those who erected it who either cannot or dare not try and condemn the King in the Com. House though they now stile it The Supreme Authority of the Kingdom and whether all who shall sit as Judges or act as Officers in it towards the
this when that every opinion is freely and clearly heard 2. For the King the Lawes of the Land will freely instruct you and because it concernes My self I will only give you a touch of it 3. For the people and truly I desire their Liberty and Freedom as much as any man whatsoever I must tell you their Liberty and Freedom consists in having such a Government whereby their Lives and Goods may be most their own it lies not in having a Share in the Government that is nothing pertinent to them a Subject and a Soveraign are clean different things and therefore until you restore the People to such a Liberty they will never enjoy themselves Sirs it was for this I now come hither if I would have given way to an Arbitrary sway to have all Lawes changed according to the power of the Sword I needed not to have come here See Sect. 90. and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People c. The House had the Impudence to answer the Dutch Ambassadours that what they had done to the King was according to the Law of the Land They mean that their Lusts are the Laws of the Land for other Law they can shew none This was the effect of his Majesties Speech who shewed much Magnanimity and Christian patience during all the time of His Trial and Death notwithstanding many barbarous affronts put by way of tentation upon Him He had his Head severed from his Body at one stroak the Souldiers and Schismaticks giving a great shout presently Thus this noble Prince a Gentleman sanctified by many afflictions after He had escaped Pistoll Poyson and Pestilent ayre could not escape the more venemous tongues of Lawyers and Pettyfoggers Braâ—shaw Cooke Steele Aske and Dorislaus thus the Shepherd is smitten and the Sheep scattered THe said High Court of Justice with the downfall of King CHARLES the I. thereby and in Him of the Regall Government Religion Lawes and Liberties of this ancient Kingdom is Emblematically presented to the Readers view See the Figure before the Title page Presently after this dissolution of the King 94. Proclamations published against proclaiming the King the Commons sent abroad Proclamations into London and all England over reciting That whereas severall pretences might be made to this Crown and Title to the Kingly Office set on foot to the apparent hazard of the publique peace Be it enacted and ordained by this present Parliament and by the Authority of the same that no Person whatsoever do presume to proclaime declare publish or any waies to promote Charles Stuart Sonne of the said Charles commonly called Prince of Wales or any other Person to be King or Chief Magistrate of England or Ireland or of any Dominions belonging to them by colour of Inheritance Succession Election or any other claime whatsoever without the free consent of the people in Parliament first had and signified by a particular Act or Ordinance for that purpose any Law Stat Usage or custome to the contrary notwithstanding Who shall judgâ— when these Fellows will be thought free and when not and whosoever shall contrary to this Act Proclaim c. Shall be deemed and adjudged a Traytor and suffer accordingly 95. A Proclamation privately printed and scattered proclaiming CHARLS the second Notwithstanding which inhibition the 2. February 1648. was printed and scattered about London-streets this following Proclamation * A Proclamation proclaiming CHARLES Prince of Wales King of Great Britaine France and Ireland VVEE the Noblemen Judges Knights Lawyers Gentlemen Freeholders Merchants Citizens Yeomen Seamen and other freemen of England do according to our Allegiance and Covenant by these presents heartily joyfully and unanimously acknowledge and proclaim the Illustrious CHARLES Prince of Wales next heir of the blood Royall to his Father King CHARLES whose late wicked and trayterous murther we do from our souls abominate and all parties consenters thereunto to be by herditary Birthright and lawfull succession rightfull and undoubted King of Great Britaine France and Ireland and the Dominions thereunto belonging And that we will faithfully constantly and sincerely in our severall places and callings defend and maintaine his Royal Person Crown and Dignity with our Estates Lives and last drop of our Bloods against all Opposers thereof whom we do hereby declare to be Traytours and Enemies to his Majesty and his Kingdoms In testimony whereof we have caused these to be published and proclaimed throughout all Counties and Corporations of this Realm the first day of February in the first year of His Majesties Reign God save King CHARLES the Second The fag end of the House of Commons Febr. 1. 1648. 96. A Vâ—te that such Members aâ— had assented to the Vote 5. Dec shall sit no more others to enter their d sâ—eâ—â— and disappro all passed a thing they call an Act That such Members as had assented to the Vote 5. Decemb. 1648. That the Kings Concessions were a ground for the House to proceed to a settlement should not be re-admitted to sit as Members such as were then in the House and voted in the negative should first enter their dissent to the said Vote such as were abâ—ent should declare their disapprovall before they sit You see the cheating Godly are resolved to keep all to themselves This day their tame Lordships sent a Message to the House of Commons but they were too surly to call the Messengers in 97. The Lords send a Message to the Commons but the messenger not called in the substance of the Message was That their Lordships had appointed 7. of their House to joyn with a proportionable number of Commons to consider of a way how to settle this Nation Munday 5. Febr. 1648. 98. The house of Lords voted down The Commons debated whether they should continue the House of Lords as a Court Judicatory or Consultory onely And the day following they put this Question Whether this House shall take the advise of the House of Lords in the exercise of the Legislative power of the Kingdom in purâ—uance of the Votes of this House 4 Janu last This was carried in the Negative by many Voices in farther pursuance of which Vote they farther voted That the House of Peers in Parliament is useless and dangerous and ought to be abolished and that an Act be brought in for that purpose and voted down their Priviledge of being exempt from Arrests yet they graciously condescended they shall be capable of being elected knights of Shires and Burgesses if any will be so mad as to chuse them yet my Lord of Pembroke is as much overjoyed with gay Priviledge as if they had bestowed a new Cap with a Bell and a Bable upon him who will not now conclude that the Votes of this Legislative this supreme piece of the House of Commons is the onely Law and reason of the Land which leads all our Laws
of Names not exceeding 40 to be a Committee of State by Act of the House of Commons This is to pull down one King to whom we owe Allegiance and set up forty Tyrants to whom we owe no Allegiance 104. New Commissions for the Judges whereof six hold and six quit their places Instructions were given by the Commons for drawing new Commissions for the Judges according to the new Antimonarchical stile and way the new Great Seal being now ready a Committee of the House met the Judges about it whereof six agreed to hold upon a Provision to be made by Act of the House of Commons that the Fundamental Laws 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 Fundamental Laws This is but a Fig-leaf to cover their shame Those that held were Of the Kings Bench Mr. Justice Rolls and Judge Jerman of the Common Pleas Mr Justice S. John and Judge Pheasant of the Exchequer Chief Baron Wilde and Baron Yates those which quitted their places and kept their Consciences were Justice Bacon and Justice Brown Sir Tho. Beddenfield Justice Creswel Baron Treaver and Baron Atkins 103. Cyrencester elâ—ction But the Clerk of the Crown cert fied that between the Commitee of Elections and himself they could not find the Indentures of return the House therefore Ordered That they should sit and do service so they are Burgesses not returned but ordered to sit 8. Febr. The Election of the General and Col. Rich at Cyrencester which never durst see the light before after about 3. years lying dormant and no account made of it is on a sudden reported to the House approved of and the Clerk of the Crown for whom they have not invented a new name yet ordered to mend the return of the Writ at the Bar. * 104. A Declaration That they will keep the Fundamental Laws lives why did they erect the High Court of Justice and do still continue Martial Law liberties why do they press Seamen then properties why do they levie illegal Taxes by Souldiers and continue illegal Sequestrations They likewise passed a Declaration to this purpose that they are fully resolved to maintain and shall and will uphold preserve and keep the Fundamental Laws 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 Munday February 12. The Commons appointed the Circuits for those Judges that held 105. The Judges Circuits appointed the Benches filled up and their Oaths altered and passed an Act for compleating the Judges of the several Courts filling up the rooms of those that held not with some alterations in their former Commissions and a new Oath to be given them to swear well and truly to serve the Common-wealth in the Office of a Justice of the Upper Bench which all our Laws call the Kings Bench or Common Pleas according to the best of their skill and cunning 106 A new Oath for the Freemen of London and other Coâ—porations The House passed an Act that the Oath under-written and no other be administred to every Freeman of the City of London at his admission and of all other Cities Burroughs and Towns Corporate YOu shall swear that you will be true and faithfull to the Common-wealth 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 repeâ—l the Oaths of Allegiance Obedience and Supremacy They passed an Act also to repeale the severall Clauses in the Statute 1. Eliz. 3. Jacob. 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 and secluded Members In opposition to these tyrannous destructive illegal and trayterous proceedings of 40. or 50. cheating Schismaticks sitting under the force and promoting the Interests 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 and illegall late Acts and proceedings of some few Confederate Members of that dead House since their forcible Exclusion 13. Febr. 1648. WE the secured and secluded Members of the late House of Commons taking into our sad and 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 Freedom and Priviledges of Parliament from sitting and voting freely with them for the better setling of the Kingdoms 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 Murthered MAIESTY His Heires and Successors the whole Kingdomes of England Scotland and Ireland and to all forraine 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 Justice as they terme it though never any Court themselves to Arraigne and condemn His Majesty against the Lawes 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 and unjustly refused to admit of His Majesties just Reasons and exceptions against their usurped Jurisdiction 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 Laws of the Land and the liberty of the Subjects to the great enslaving and endangering of the lives and liberties of all free
or Coronation solemnized notwithstanding that by his unjust Banishment caused by the interposition of the said trayterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdomes and restore Peace Plenty Justice Mercy Religion Laws and Liberties to them again which no hand but his own can bestow and therefore in vain do the people long for and expect Figgs from Thistles Grapes from Thorns This Kingdome of the Brambles now set up being onely able to Scrath and Tear not to Protect and Govern them I farther Declare and Protest That this combined trayterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all Lawful Government Magistracy Laws and Judicatories so that we have not de jure any Laws in force to be executed any Magistrates or Judges Lawfully constituted to execute them any Court of Justice wherein they can be judicially executed any such Instrument of the Law as a lawful Great Seal nor any Authority in England that can lawfully Condemn and Execute a Thief Murderer or other Offender without being themselves called Murtherers by the Law all legal proceedings being now coram non Judice nor can this remaining Faction in the House of Commons shew any one President Law Reason or Authority whatsoever for their aforesaid doings but onely their own tyrannical Votes and the Swords of their Army Wherefore I do further Declare and Protest before God and the World That all Free-born Subjects of the Kingdomes of England and Ireland are bound by the Stat. of Recognition 1 Jac. and by all our Laws and Statutes By their Oaths of Allegiance Obedience and Supremacy the Protestation and National Covenant by very many Declarations Remonstrances Petitions and Votes of this Parliament and all Souldiers are engaged also by their own Declarations Remonstrances and Proposals to defend assert and vindicate with their lives and fortunes the Person Authority and Title of our aforesaid lawful KING and Supreme Governour the undoubted Heir of all His late Fathers Dominions CHARLES the Second by the Grace of God King of Great Britain France and Ireland c. against all Opposites and pretended Authorities whatsoever unless they will be guilty of the fowlest sins of Treason Rebellion Perjury and perfidiousness against their God their King and Country and of prostituting the Religion Laws and Liberties of the Land their Wives Children and Estates to the lusts of an Armed Faction usurping a far more Arbitrary and Tyrannical power over our Consciences Persons Liberties and Estates than ever was known in England before or then is now used by the Russe Turk or Tartar or any the most enslaving and lawless Tyrants under Heaven 223. Compare the date of the K. Commissions with those of the Parliament and their Declarations on both sides An Exhortatory Conclusion to the English Nation TO conclude the series of Affairs and Action on both Parties especially of late rightly compared it appeareth by the sequel That King CHARLES the First from the beginning took up defensive Armes to maintain Religion Lawes Liberties and the antient fundamental being of Parliaments and this Kingdom and that there alwayes was and now especially is a predominant Faction in Parliament notwithstanding their frequent Declarations Remonstrances Petitions Protestations Covenant and Votes to the contrary conspiring with a Party especially of Commissioned Officers of the Army without the Houses to Change the fundamental Lawes and Government of the Church and Common-wealth to usurp into a few hands the Supream Authority to enslave the People with an Olygarchical Military and Arbitrary Government to raise what illegal Taxes they please to establish their tyranny and enrich themselves and their Party to oppresse consume and devour all men of a judgment contrary to their Interest to Murder them by new-declared arbitrary Treasons contrary to the Stat. 25 Edw. 3. for ascertaining Treasons to Disfranchise them of their Birth-rights and make them Adscriptios Glebae Villains Regardant to their own Lands which the Nobility Gentry and Yeomanry plough sow and reap whilst Brewers Dray-men and Coblers eat drink and play upon the sweat of their labours and are the Usufructuaries of their Estates All which they have lately brought to pass wherefore let all true Englishmen as becomes good Christians good Patriots and gallant Men claim their Birth-rights and with own voice cry out 1. We will not Change our Antient setled and well approved Laws to which we are Sworn 2. We will not Change our Antient and well-tempered Monarchy to which we are Sworn 3. We will not Change our old Religion for New Lights and Inventions 4. We will not subject our selves to an eighth part of one Estate or House of Parliament sitting under a force and having expelled two hundred and fifty of their Fellows more Righteous than themselves by force and usurping to themselves the Supreme Authority 5. We will not be subjected to a new Supreme Authority usurped by forty ambitious covetous Tyrants arrogating to themselves to be a Councel of State and designed to supply the room of Parliaments under what name or Title soever they mask themselves 6. We will not submit our selves to a Military Government or Councel of Officers 7. We must and will have A KING and The KING whom the Lawes of God and this Land have Designed to us See the Stat. of Recognition 1 Jac. and the Oaths of Allegiance Obedience and Supremacy we being by the Oaths of Allegiance Obedience and Supremacy sworn to â—ear Faith and true Allegiance to King CHARLES the First his lawful Heirs and Successors Hic telum infigam moriarque in vulnere Postscript REader at the latter end of my First part of The Historie of Independency I have presented to thy consideration some General Conclusions arising out of the Premises the same Conclusions do as naturally arise out of the Premises of this Second part of the History and doe as aptly serve to illustrate this Second as that First part wherefore to that First part I send thee for opening thy understanding When our old Lawes run again into their Antient Channel and the Sword of Murder is sheathed and the Sword of Justice drawn the Author engageth to publish his Name and Apologie and shew what he hath done and suffered for the Parliament and Kingdome THE END THE High Court OF JUSTICE OR CROMWELS New Slaughter-House in ENGLAND With the Authority that Constituted and Ordained it Arraigned Convicted and Condemned FOR Usurpation Treason Tyranny Theft and Murther Being the Third Part of the History of INDEPENDENCY Written by the same Authour Printed Anno Domini 1660. In the second Year of the States Liberty and the Peoples Slavery Plin. Paneg. ad Trajanum Olim criminibus jam legibus laboratur metuendum est ne legibus fundata Respublica sit legibus eversa Isaiah 59. vers 3 4. Your hands are defiled with blood and your fingers with iniquity your lips have
to weed out the Lutherans Calvinists and Anabaptists So is this High Court set up in England to root out the Royallists Presbyterians and Levellers and generally all that will not wholly concur with our Independents in Practice and Opinions As will manifestly appear when their work is done in Scotland which will soon be effected the more zealous Scots being now as ready to sell their Kingdom as they were formerly to sell their King I. Conclude therefore upon the Reasons aforesaid That because the Commissioners or Judges are not sworn to do Justice according to the Laws and are parties pre ingaged as well as their Masters and pay Masters that named them ignorant men and of vild base professions uncapable of places of Judicature Necessitous Persons and some of them Scandalous and the High Court it self hath neither Law President nor any just Authority for constituting thereof or the Judges therein And all proceedings before them are directly Contrary to Magna Charta the Statute 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws and the continual Practice of our Nations and in many points contrary to the Law of God and the Dictates of Right Reason That these Commissioners are Incompetent Judges Their Court an Extrajudicial Conventicle tending to disinherit disfranchise and enslave all the Freemen of the Nation and all Proceedings before them are void and coram non Judice See Col. Andrews 3. Answers The said High Court of Iustice to be a meer bloody Theater of Murder and Oppression It being against Common Reason and all Laws divine and humane That any man should be Iudge in his own Cause Neminem posse in sua causa Iudicem esse Is the Rule in Law But this Parliament and Councel of State know they cannot establish and confirm their usurped Tyranny The Kingdom of the Saints eate up the People with Taxes and share publike Lands Offices and Mony amongst themselves enslave the Nation to their Lawless wills and pleasures but by cutting off the most able and active men of all opposite parties by some such expedient as this Arbitrary Lawless High Court is The old Legal way by Iuries being found by Iohn Lilbourns Trial to be neither sure enough nor speedy enough to do their work A Butcher-Rowe of Iudges being easier packed then a Jury who may be challenged So that it fareth with the People of England as with a Traveller fallen into the hands of Thieves First they take away his Purse And then to secure themselves they take away his life So they Robbe him by Providence And then Murder him by Necessity And to bring in their third insisting Principle they may alleage They did all this upon Honest intentions to enrich the Saints and rob the Egyptians With these 3. Principles they Iustifie all their Villanies Which is an Invention so meerly their own That the Devil must acknowledge They have propagated his Kingdom of Sinne and Death more by their impudent Iustifications then by their Turbulent Actions An Additional Postscript SInce the Conclusion of the Premises hath hapned the Trial of that worthy Knight Sir Iohn Stowell of the County of Sommerset Who having bin often before this Court hath so well defended himself and wiped off all Objections and made such good use of the Articles of the Rendition of Excester that in the Opinion of all men and in despite of their ensnaring Acts for New Treasons he cannot be adjudged guilty of any Treason Old or New which was the Sum and Complement of the Charge against him Wherefore the Court put off his Trial for a longer time to hunt for New Crimes and Witnesses against him At last came into the Court as a witness Iohn Ashe notwithstanding he is a Party many wayes engaged against him 1. Ashe is a Parliament-man in which capacity Sir Iohn Stowel bore Arms for the King against him 2. Ashe as a Parliament-man is one of the constitutors of this murderous Court and the Judges thereof and therefore their Creatures who expect rewards from them bear a more awful respect to his testimony then a witnes ought to have from Iudges 3. It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sir Iohns Estate And 4ly It is known to many That during Sir Iohns many years Imprisonment Ashe often laboured with Sir Iohn to sell unto him for 4000. l. a Parcel of Land which cost Sir Iohn above 10000 l. promising him to passe his Composition at an easie rate to procure his enlargement from Prison and send him home in peace and quiet if he granted his desire But although with all their malicious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeanors and amasse together such a Sozites and an Accumulation of Offences as if one fail another shall hit right to make him punishable in one kinde or other such an hailshot charge cannot wholly misse either they will have life estate or both Contrary to the nature of all Enditements and Criminal Charges whatsoever which ought to be particular clear and certain Lamb. page 487. that the accused may know for what Crime he puts himself upon issue But this Court as High as it is not being Constituted a Court of Record the Prisoner and those that are concerned in him can have no Record to resort to either 1. To demand a Writ of Errour in Case of Erroneous Judgment 2. To ground a plea of Auterfois Acquite in case of New Question for the same fact 3ly Or to demand an enlargement upon Acquital Or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an innocent man Whereby it follows That this prodigious Court hath power only to Condemn and Execute not to Acquit and give Enlargement Contrary to the Nature of all Courts of Judicature and of Justice it self it is therefore a meer slaughter-Slaughter-house to Commit Free-State Murders in without nay against Law and Justice and not a Court of Judicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Parallel with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Coll. Eusebius Andrews Esquire to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving praying to be allowed the benefit and liberty of making farther Answer if it shall be adjudged necessary offereth to this Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamental Law and ought to be the Standard of the Laws of England Confirmed above 30. times and yet unrepealed it is in the 29. Chapter thereof granted and enacted 1. That no
other house the Protectors party standing for the powers given by the Petition and advice and the rest of the house withstood it as of no value being obteined by force by which force also thirteen hundred thousand pounds a year was setled for ever upon the single person and the ruling members of the other house being a hotch potch or medley of Officers of the Army and Protectorian Courtiers contrary to the law of the land The other house debated and to the enslaving of the people By this means nothing being done herein as to the powers the Cromwelians that they might enforce something propose the question of transacting with the persons sitting in the other house as an house of Parliament urging both law and necessity for the same yea threatning force from the Army upon refusall notwithstanding all which a whole fornight the honest party of the House thought of nothing less asserting the undoubted Right of the antient Peers and denying all the rest but seeing nothing could be done till this was over in a very full house they came at last to this well qualified resolve Resolved That this House will transact with the Persons now sitting in the other house as an house of Parliament during this present Parliament And that it is not hereby intended to exclude such Peers as have been faithfull to the Parliament from their priviledge of being duly summoned to be Members of that house Herein may be seen something of the old English gallantry for in this vote those in the other House are not owned as Lords Not owned as Lords but called the Persons now sitting in the other House as an house of Parliament neither would the Commons treat and confer with them in the usuall way as with the house of Peers but found ouâ— a new word to transact and that neither but upon tryall Viz. during this present Parliament And the better and more legally to curbe them if they should begin to grow imperious they inserted the priviledge of the antient Peers as a good reserve concluding also to receive no message from them but by some of their own number The intent of that Parament During this time they had under consideration severall good Acts about the Militia against Excise concerning Customes c. and questioned diverse illegall imprisonments calling some Jaylors to the Bar and preparing a strict bill to prevent the unlawfull sending Freeborn Englishmen against their wills to be slaves in forreign Plantations They also examined severall grievances by the Farmers of the Excise Major Generalls and tyrannicall and exorbitant Courts of Justice The Committee of Inspections having by this time brought in their report by which it did appear that the yearly incomes of England Scotland and Ireland came to Eighteen hundred sixty eight thousand seven hundred and seventeen pounds Committee of inspections report and the yearly Issues to Two Millions two hundred and one thousand five hundred and forty pounds So that Three hundred thirty two thousand eight hundred twenty three pounds of debt incurred yearly by the ill management of double the revenew that ever any King of England enjoyed And to maintain the unjust conquest of Scotland cost us yearly One hundred sixty three thousand six hundred and nineteen pounds more than the revenew of it yields At these proceedings the Protector and the Army who were already jealous of one another Divisions between the Protector Praliament and Army grew both suspicious of the Parliament because the people begin to speake as if they expected great good from the issue of their Counsells therefore the Army least they should come too late put in for to get the power into their hands and according to the method used by them in like cases erect a Generall Councill of Officers who daily meet at Wallinford-house which the Protector hearing endeavours to countermine at Whitehall but they better skilled in their work than he was conclude a representation which is with speed both drawn and presented to him about the seventh of Aprill a copy whereof the next day after is sent enclosed by him in a Letter to the Speaker of the House who hereupon takes the Alarum and while the Protector thinks to secure himself by standing on his guard they not fearing the menaces of the Souldiers but resolving to behave themselvâ—s like true Englishmen on Munday the 18th of Aprill passed these votes following Resolved That during the sitting of the Parliament there should be no generall Concill or meeting of the Officers of the Army without direction leave and Authority of his Higness the Lord Protector and both houses of Parliament Resolved That no person shall have and continue any command or trust in any of the Armies or Navies of England Scotland or Ireland or any the Dominions and Territories thereto belonging who shall refuse to subscribe That he will not disturbe or interrupt the free meeting in Parliament of any the members of either house of Parliament or their freedom in their debates and Counsells Now that this bitter pill might be the easier swallowed knowing or at least believing that want of money was the thing that pinched in chief as to the private Souldier without whom the Officer was worthless they passed a vote to take into consideration how to satisfie the Arrears of the Army and provide present pay for them and also to prepare an Act of Indempnity for them But all this tended nothing to satisfaction for the Souldier being through Levened with the wicked designes of their Officers did nothing but murmur especially since the Protector in pursuance of the votes of the house had forbidden the meetings of the Officers so that now the animosities grew so high that guards were kept night and day by one against the other in which divided posture the management of affairs continued till Friday the 22. of April on which day early in the Morning Fleetwood Desborough and the rest of the Mutinous Officers with the greatest part of the Army at their beck Dicks Parliament dissolved the Cromwelian party not daring to stir got the supereminency and forced young Richard to consent to a commissiion and Proclamation ready pre-prepared thereby giving power to certain therein named to dissolve the Parliament although he had with much serious earnestness protested and promised rather to dye than be guilty of so pusillaminous an act which he was well assured would work for his confusion But actum est for the same day the black rod was sent twice to the house of Commons to go to the other house which they refused and scorned but understanding there were guards of horse and foot in the Pallace yard after some ebullient motions without resolving any question they adjourned till Munday morning the five and twenty of April and with much courage and resolution attended the Speaker in order through Westminster-Hall to his Coach even in the face of the Souldiery The Army having thus for the
perswade them to reason and Justice in the mean time wishing them to acquiesce in what they should order thus he marcheth with his whole Army modelling to his own mind all Garisons and forces in his way This and his number of men that he brought with him being far beyond allowance for they ordered only three hundred put our Rumpers to a stand and they could not be satisfied untill they send the subtilest couple in the house Scot and Robinson are sent to Monck Scot and Robinson to sound his intention under pretence of congratulating his coming to England and complementing him to whom he carried himself with so much gravity and reservedness that they could not catch one dropping syllable that might betray him About this time the City by their Sword-bearer The City Couâ—t him send to him to whom he returnes that he is for the Parliament as aforesaid yet assures them that when he came to the City he would satisfie their desires and hopes conceived of him thus owning the authority then in being he keeps close to his commission notwitstanding all the addresses of the Countries for a free Parliament promising nothing more but that he would see all force removed from the Parliament 2. The House filled and 3. That there should be good provision made for future Parliaments Thus with a slow and orderly march attended by the prayers and wishes of the whole Nation he comes at length to St. Albans He comes to St. Albans In this interval of time the Rumpers minding to ingross the whole power both Legislative and Executive into their own hands and to share all places of trust and profit among themselves on the fifth of January pass this following vote Resolved Observe this Touching absent Members that the Parliament doth adjudge and declare that the Members who stand discharged from voting or fitting in the years 1648 and 1649. do stand duly discharged by judgment of Parliament from sitting as Members of this Parliament during this Parliament and that writs do issue forth for electing of new Members in their places Thus did they intend to have perpetuated themselves for their lâ—ves and to have bequeathed their villany in succession to such as were to be new chosen having already concluded Oath of abjuraiâ—on that the Oath of renunciation of the title of CHARLES STUART as these unmannerly mungrels were pleased to stile their Soveraign and the whole line of the late King James should be taken by every member that hereafter shall sit in Parliament nay so high were they now grown that they committed diverse for but Petitioning for a free Parliament M. comes to London This made his Excellency hast up to London where his Lady and Family were come before him by Sea into which City he comes about the beginning of February and takes up his lodging at White-Hall as the Parliament had appointed him contrary to the thoughts of many and after two or three dayes refreshment taking no notice of his resentment of the aforesaid insolencies he solemnly attends the house according to their order Goes to the house and with much modesty gives them an account of his undertakings refusing the chair offered him for his ease and honour but leaning on the back of it he delivered himself to this effect Hâ—s speech then That he deserved not the thanks they gave him having done no more than his duty but wished them rather to praise God for his mercy then he humbly desired them to satisfie the expectation of the Nation in the establishment of their laws liberties properties c. God having restored them not so much that they should seek their own as the publick good He desired them in particular to take away the jealousie men had of their perpetuity by determining their own sessions and providing for future Parliaments wishing them to use the Nobility and Gentry civilly intimating that it was their wisdom rather to enlarge than contract their interest he told them that the fewer qualifications they put upon succeeding Parliaments the better and desired them to be tender in imposing new oaths for he had heard of the oath of abrenunciation alledging there was more reason to repent of those already taken than to take new ones so warning them to take heed of Cavaliers and Phanaticks he concluded commending Scotland to their care and assuring them of Ireland and hinting at a Free-State This done and he retired loaden with thanks How the P. employ him he withdrawes to his place in the Councill of State where the first that he finds under consideration is the reducing of the City which to make a short digression was now grown unruly being stifly resolved to own no power but that of a full and Free Parliament whereto they had been encouraged by the Country in severall Declarations but especially that of Devonshire which in regard it gives the sence of all in one and was that chiefly stuck to by the City I shall give it you at large as Mr. Bamfield the Recorder of Exon sent it to the Speaker January the 14th The Declaration We the Gentry of Devon finding ourselves without a Regular Government after your last interruption designed a publick meeting to consult remedies which we could not so conveniently effect till this weeke at our general quarter Sessions at Exon where we found diverse of the Inhabitants groaning under high oppressions and a general defect of trade to the utter ruine of many and fear of the like to others which is so visible in the whole Country that it occasioned such disorders as were no small trouble and disturbance to us which by Gods blessing upon our endeavours were soon supprest without blood And though we find since our last purposes an alteration in the State of affairs by the re-assembling you at the helme of Government yet we conceive that we are but in part redrest of our grievances and that the chief expedient to amend the whole will be the recalling all those Members that were secluded in 1648. And sate before the first force upon the Parliament and also by filling up vacant places and all to be admitted without any Oath and engagement previous to their entrance for which things if you please to take a speedy course we shall defend you against all opposers and future interrupters with our Lives and fortunes for the accomplishment whereof we shall use all lawfull means which we humbly conceive may best conduce to the peace and safety of this Nation This was signed by most of the chief gentry of the Country Now the City owning the purport of this Declation by one of their own and refusing to pay taxes had drawn the Councill of State to that violent ebulliency of reducing it to a submission which was as I said before the point upon which they fell when first General Monck came first among them for they had rather bring the whole World into a combustion than their usurped