Turk they subject all things even Religion Laws and Liberties so much cried up by them heretofore to the power of the Sword ever since by undermining practices and lies they have jugled the States Sword into the Independent Scabbard â—he Earl of â—â—sex and Sir â—ill Waller â—â—dermined 〈◊〉 let in the â—â—dependents The Earl of Essex General of all the Parliaments Forces a man though popular and honest yet stubbornly stout fitter for Action than Counsel and apter to get a victory than improve it must be laid by and his Forces reduced The like for Sir William Waller and his Forces that Commanders of Independent Principles and Interests with Soldiers suitable to them might by degrees be brought into their room to reap the harvest of those crops which they had sowen This was the ground-work of the Independent design to monopolize the power of the Sword into their hands This could not be better effected than by dashing the Earl of Essex and Sir William Waller one against another for which purpose the hot-headed Schismatique Sir A. Haslerigge was imployed with Sir William Waller and some others whose Ashes I will spare with the E. of Essex to break them one upon another This was at last effected by taking advantage of their several misfortunes the one at Lislethyell in Cornwall the other at the Devises in Wiltshire where Haslerigge a man too ignorant to command and too insolent to obey not staying for the foot who lay round about the Devises in a storming posture charged up a steep hill with his Horse onely against the Lord Wilmots Party one Division so far from another that the second Division could not relieve the first thereby freeing Sir Ralph Hopton from an assured overthrow and bestowing an unexpected Victory on the L. Wilmot he received a wound in his flight the smart whereof is still so powerfully imprinted in his memory that he abhors fighting ever since witnesse his praying and crying out of Gun-shot at the Battle at Cheriton when he should have fought and his complaints openly made in the House of Commons of the Earl of Stanford for Bastonadoing him Which rashnesse of his if it deserve not a worse name was so far from being discountenanced that he received not long after a gift of 6500 l. from the House and is lately made Governour of Newcastle and 3000 l. given him to repair the works there I shall not need the Spirit of Prophecy to foresee that the tenth part of the said 3000 l. will not be bestowed upon those Works Thus was he favoured by his party in the House who were thought to look upon this action as an acceptable service In farther porgresse of this design Manchester a Lord 3 The Earl of Manchester undermined and therefore not to be confided in was undermined and accused by his Lievt General Cromwell of high Crimes whom he again recriminated with a Charge of as high a nature and when all men were high in expectation of the event it grew to be a drawn battle between them whereby all men concluded them both guilty Manchester was discarded Out of the ashes of these three arose that Phoenix forsooth a new moddell'd Army under the Command of Sir Thomas Fairfax a Gentleman of an irrational and brutish valour fitter to follow another mans counsel than his own and obnoxious to Cromwel and the Independent faction upon whose bottome he stands for his preferment it being no dishonour to him to become the property to a powerful Faction 4 The Victories â—f the new â—odel how â—tchieved It pleased God to bestow many Victories upon this Army over the Kings Forces then strong in bulk but weakned by Factions want of pay and other distractions wherby many of their Commanders not confiding in one another began to provide for their future safety and subsistence but above all they had generally lost the peoples affections To these their Victories the constant pay and supplies and all other helps and encouragements from a concurring State which their working and restless Faction carefully accommodated them withal far beyond what any other Army had formerly did much conduce in so much as they cleared the Field and took in all the enemies Garisons with so much facility that to many men they seemed rather Cauponantes bellum quam belligerantes to conquer with silver than with steel a good Purse is a shrewd weapon 5 Artifices to make Cromwel and his â—ew Model popular Thus this Faction having got a General fit for their turn and a Lievtenant General wholly theirs in judgement and interest were diligent to make him famous and popular by casting upon him the honour of other mens atchievements and valour The News-books taught to speak no language but Cromwel and his Party and were mute in such actions as he and they could claim no share in for which purpose the Presses were narrowly watched When any great exploit was half atchieved and the difficulties overcome Cromwel was sent to finish it and take the glory to himself all other men must be eclipsed that Cromwel the Knight of the Sun and Don Quixot of the Independents and his Party may shine the brighter 6 The new Model new-modelled by degrees to put the Sword into the hands of Schismaticks And that Cromwels Army might be suitable to himself and their Designs carried on without interruption or observation of such as are not of their Principles all the Sectaries of England are invited to be Reserves to this Army and all pretences of scandals and crimes laid hold of at their own Councils of War to casheer and disband the Presbyterian party that Independents might be let into their rooms though such as for the most part never drew Sword before so that this Army which boasteth it self for the Deliverer nay the Conquerour of two Kingdoms is no more the same that fought at Nazeby than Sir Francis Drakes Ship that brought him home can be called the same Ship that carried him forth about the Earth having been so often repaired and therefore suffered so many substractions and additions that hardly any of the old vessel remained It was therefore nominally and formally not really and materially the same The said mystery of the two Juntoes farther tells you that the Independent Junto bottomed all their hopes and interests upon keeping up this Army whereby to give the Law to King Kingdom Parliament and City and to establish that Chimaera called Liberty of Conscience That this was Cromwels ambition formerly the Earl of Manchester's aforesaid Charge against Cromwel though let fall without prosecution lest so great a mystery should be discovered makes it probable and his later practices upon which I now fall makes it infallible The Houses long since for ease of the people in a full and free Parliament ordained the disbanding of this Army 7. The Army voted to be disbanded through Cromwels craft only 5000. Horse 1000. Dragoons and some few Fire-locks to be
graciously granted Yet now we are ten thousand times more oppressed with them and if these quarterers offer violence or villanous usage to any man in his house or family or commit murder or felony they are protected against the Laws and Justice of the Land and Triable only by a Council of War at the Head-quarters where a man can neither obtain justice nor seek it with safety 59. Martial Law So that we live under the burthen of a perpetual Army of 30000. or 40000. men exempt from all but Martial Law which frequently oppresseth seldom righteth any man witness Oliver Cromwel's taking of Tompson being no Souldier from the House of Commons door with Souldiers imprisoning and condemning him at a Council of War where he sate Judg in his own cause there being a quarrel between them yet it was held Treason in the Earl of Strafford to condemn the Lord of Valentia so being a Member of his Army because it was in time of Peace as this was Many other examples we have of the like nature and of this Army enough to perswade us that these vindicative Saints will not govern by the known Laws of the Land for which they have made us spend our money and blood but by Martial Law and Committee Law grounded upon Arbitrary Ordinances of Parliament which themselves in the first part of exact Collections p. 727. confess are not laws without the Royal assent This Army hath been dayly recruited without any Authority far beyond the said number or pay established the supernumeraries living upon free-quarter and when complaints have been made thereof in the House the Army being quartered in several Brigades supernumeraries have been disbanded in one brigade their Arms taken by their Officers 60. Cheats put upon the State and shortly after they have been listed again in another Brigade and their Arms sold again to the State after a while to new Arm them And of this sort were those Arms which being found in a Magazin in Town by some Zealots and rumoured to belong to the City for the arming of Reformado's were upon examination found to belong to Oliver Cromwel so the business was buried in silence for though the Kings over sights must be tragically published to the world yet the haynous crimes of the godly must lye hid under the mask of Religion And though they have usually taken free-quarter in one place 61. Arrears secur'd although the State ows them nothing and taken Composition money for free-quarter in another place some of them in two or three places at once 3 s. a day some of them 5 s. for a Trooper and 1 s a day and 1 s. 6 d. for a foot souldier whereby no arrears are due to them but they owe money to the State yet they have compelled the Houses to settle upon them for pretended Arrears 1. The moity of the Excise that they may have the Souldiers help in leavying it although to flatter the peope the Army had formerly declared against the Excise 2. The moity of Goldsmiths-hall 3. Remainder of Bishops Lands 4. The Customes of some Garrisons 5. Forrest Lands This Army brags They are the Saviours nay Conquerours of the Kingdom Let them say when they saved it whether at the Fight at Nazeby or taking in of Oxford and we will pay them according to the then list And for all the recuits taken in since the reducing of Oxford it is fit they be disbanded without pay having been taken in without nay against Authority to drive on wicked designs and enthrall King Parliment City and Kingdom 24. Decemb. 1647. The two Houses by their Commissioners presented to the King at Carisbrook-Castle 4. 62 4. Dethroning Bils presented to the King at Carisbrook Castle Bills to be passed as Acts of Parliament and divers Propositions to be assented to They are all printed so is his Majestis Answers to them wherefore I shall need to say the less of them only a word or two to two of the Bills 1. The Act for raising setling 63. Acts for the Militia and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland Wales c. though it seems to be but for 20. years devests the King his Heirs and Successors of the power of the Militia for ever without hope of recovery but by repealing the said Act which will never be in his nor in their power for First it saith That neither the King nor His Heirs or Successors nor any other shall exercise any power over the Militia by land or sea but such as shall Act by authority and approbation of the said Lords and Commons That is a Committee of State of twenty or thirty Grandees to whom the two Houses shall transfer this trust being over-awed by the Army for the ground-work of this Committee was laid by these words though the Committee be erected since And Secondly it prohibiteh the King His Heirs and Successors c. after the expiration of the said 20. years to exercise any of the said powers without the consent of the said Lords and Commons and in all cases wherein the said Lords and Commons shall declare the safety of the Kingdom to be concerned after the said 20. years expired and shall pass any Bills for raising Arming c. Forces by Land or Sea or concerning Leavying of Money c. if the Royal assent to such Bills shall not be given by such a time c. then such Bills so passed by the Lords and Commons shall have the force of Acts of Parliament without the Royal assent Lo here a foundation laid to make an Ordinance of both Houses equal to an Act of Parliament take away the King 's Negative Voice if this be granted in one case it will be taken in another and then these subverters of our Religion Laws and Liberties will turn their usurpations into a legal Tyranny 2. It gives an unlimited Power to the two Houses to raise what Forces and what numbers for Land and Sea and of what persons without exceptions they please and to imploy them as they shall judge fit 3. To raise what Money they please for maintaining them and in what sort they think fit out of any mans Estate This is a Tax far more Arbitrary and unlimited than Ship-money and the more terrible because it depends upon the will and pleasure of a multitude who to support their own tyranny and satisfie their own hunger after other mens goods may and do create a necessity and then make that necessity the law and rule of their actions and our sufferings besides they are but our fellow subjects that usurp this Dominion over us which aggravates the indignity If the 24 Conservators of the Peace in Hen. 3. time were thought a burden to the Commons and called totidem tyranni what will our Grandees prove when the Power of the sword is theirs by Act of Parliament Besides if the King give them his Sword they may take all
supreme cause and final end the Alpha and Omega of all their doings whilest they use the hidden and unsearchable Providence of God but as a Disguise and Vizard to mask under like Caelius the Atheist in Martial Prosperity is become a snare to them and a Topick place out of which they draw Arguments to satisfie themselves there is no God no Religion but a prudential one to fool the people with Nullos esse Deos inane Coelum Affirmat Caelius probatque Quòd se videt dum negat haec beatum But O wretched unholied men What are they that thus commit Burglary in the Sanctum Sanctorum of Gods Providence That presume not only to pry into but to thrust their hands polluted with blood and rapine into Gods mysterious Ark Thus much for the subject-matter For the manner of my writing I confesse as to the Stile it is not aequabile scribendi Genus all of one weaving and contexture It is a History writ with a Satyrique style and veine Nam quis iniqui Tam patiens orbis tam ferreus ut teneat se It is a virtue to hate and prosecute vice The Scripture tells us there is a perfect hatred a Holy Anger And our Chaucer tells us The werds must be of kynne unto the deeds otherwise how can they be expressive enough I detest vitia pulcherrimè mangonizata vice trick't up in virtues raiment and prostituted under her modest dresse to stir up Adulteries Quicquid agunt homines nostri est farrago libelli An huge Gallimaufry an Oglio of all villanies I here set before thee it cannot be all of one dressing and seasoning it must be a mixture a Hogo of all Relishes like Manna in the Wildernesse it must be applicable to all palates wherfore according to the variety of every present subject-matter vel ridenti rideo vel flenti fleo I become all things to all Men I assimilate my affections and humours to every Mans humour as well as to the present Theme that I may take every Man by the right hand and lead him out of this Ur of the Chaldeans this Land of Egypt this House of Bondage in judgement and conscience though not in person and estate which must only be the mighty handy-work of that God who is able to divide the Red Sea and give us a safe march through it upon dry Land Which that he would vouchsafe to do let us all joyne our hearty prayers and that we may instrumentally serve him in it let us all joyne our heads hearts and hands together since God neglects faint-hearted and cowardly prayers Let us not lie in the Ditch and cry God help us But let us help God to help us and keep cor unum viam unam in the doing of it The Ordinance passed 20. Aug. 1647. To null and void all Acts c. passed under the force of the Apprentices Die Veneris 20. Aug. 1647. An Ordinance for Declaring all Votes Orders and Ordinances passed in one or both Houses since the Force on both Houses July â—6 until the 6. of this present August 1647. to be null and void VVHereas there was a visible horrid insolent and actual force upon the Houses of Parliament on Monday 26. July last whereupon the Speakers and many Members of both Houses of Parliament were forced to abâ—ent themselves from the service of the Parliament and whereas those Members of the House could not return to sit in safety before Friday the 6. August It is therefore Declared by the Lords and Commons in Parliament assembled that the Ordinance of Monday 26. July for the Repealing and making void of the Ordinance of the 23. of the said July for setling of the Militia of the City of London being gained by force and violence and all Votes Orders Ordinances passed in either or both Houses of Parliament since the said Ordinance of the 26. of July to the said 6. of August are null and void and were so at the making thereof and are hereby Declared so to be the Parliament being under a force and not free Provided alwayes and be it Ordered That no Person or Persons shall be impeached or punished for his or their Actions by or upon or according to the aforesaid Votes Orders or Ordinances unlesse he or they shall be found guilty of contriving acting or abetting the aforesaid visible and actual force or being present at or knowing of the said force did afterwards act upon the Votes so forced or were guilty of entring into or promoting the late Engagement for bringing the KING to the City upon the Termes and Conditions expressed in his Majesties Letter of the 12. of May last John Browne Cler. Parl. THE SECOND PART OF The History of Independency MY first Part of Relations and Observations Historical and Politick upon this present Parliament 1 The Proeme begun Anno Dom. 1640. Anno Car. primi 16. is divided into two Parts or Books The Mystery of the two Juntoes Presbyterian and Independent wherein I shew with what art to advance their designs the Grandees divided the Houses into the said two Factions which Factions entertaining the Quarrel in earnest their respective Grandees were forced to turn their jest into earnest too for upholding their Authority with their several Parties not unlike Butchers who in a Country Market set their Dogs together by the ears in sport and at last own their Dogs quarrel themselves in earnest The second Book is The History of Independency wherein I shew the Rise Growth and Fractises of that Party which being full of schimatical quick-silver restless and stirring and tenable by no Oaths Principles Promises Declarations nor by any obligations or Laws Divine or Humane doth now enjoy the fruits of their perfidiousness and treachery a Conquest gotten over their Adversaries by pretending protesting and false promising which they attribute to the bounties and Mercies of God and from the success of their villanies argue most Turkishly his blessings over them and as Jewishly arrogate to themselves to be the peculiar People and Saints of God although hee useth them but as a Rod in his hand to scourge the sins of the other Party and of the whole Kingdome It is the usual method of Gods justice not onely to punish one sin by another but one Sinner by another nay a lesser Sinner by a greater and at last to receive the humble and corrected Sinner into Abrahams bosome and cast the insulting Executioner of his wrath into the fiery furnace of his anger In my aforesaid History of Independency you have that Faction conquering In this Continuation or Supplement of the said History I represent them to you triumphing using and abusing their Victories to the dishonour of God destruction of the King beggering and enslaving of the Kingdome depriving us of our Religion Laws Liberties and Estates and consequently making our Wives and Children the objects of our fear despair and ill boding doubts not the objects of any comfort and joy we can
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
Houses Propositions See Mr. Pryn's said Speech in the House 2 Decemb. 1648. more at large and the Kings Answers and see whether the King did not grant all those Propositions in which the main security of the Kingdom resteth He granted the first Proposition for taking off all Declarations as was desired And the third Proposition for the Militia as was desired He assented to the Proposition for Ireland limiting the time of the Parliaments disposing Officers there to 20 years He consented to such Acts for publique Debts and Publique Uses as should be presented within 2. years and incurred within that time He granted the Proposition concerning Peers as was desired He granted the Disposing Offices in England to the Parliament for 20. years He granted the taking away the Court of Wards having 100000 l. per ann in lieu thereof to be raised as the Parliament should think fit He granted to declare against the Marquess of Ormond's power and proceedings after an Agreement with the Parliament The onely difference therefore remained upon two Propositions 1. Delinquents 2. The Church For Delinquents though He doth not grant all His Majesty consented they shall submit to moderate Compositions according to such Proportions as they and the two Houses shall agree 2. He disableth them to bear Offices of publike Trust and removes them from the Kings Queens and Princes Court 3. For such as the Houses propounded to proceed capitally against He leaves them to a Legal Tryal and declares He will not interpose to hinder it which satisfies the main complaint of the Parliament which was in the beginning of the War That the King protected Delinquents from justice And all that the House desired in the Propositions presented to him at Oxford Febr. 1642. was That His Majesty would leave Delinquents to a Legal Tryal and judgement of Parliament But that his Majestie should joyn in an Act for taking away the Lives or Estates of any that have adhered to Him He truly professeth He cannot with Justice and Honour agree thereto 4. Nor do we see how Delinquents being left to the Law can escape justice the King having granted the 1. proemial Proposition and so by a Law acknowledged the Parliaments Cause and War to be just For the Church The Houses propound the utter abolishing of Archbishops Bishops c. The sale of their Lands that Reformation of Religion be setled by Act of Parliament as both Houses have or shall agree The Kings Answer takes away Church-Government by Arch-bishops Bishops c. by taking away their Courts and Officers and so far takes away their power of Ordination that it can never be revived again but by Act of Parliament so that Episcopacy is divested of any actual being by the Law of the Land and instead thereof the Presbyterian Government setled for three years by a Law which is for so long a time as the Houses formerly in their Ordinances presented to Him at New-castle did themselves think fit to settle it For the Sale of Bishops Lands upon the publike Fâ—ith Every cheating Saint of the Faction must have the Publike Faith exactly kept though he bought the Lands but at 2 or 3. years just value and with such monies as he had formerly cheated the State of when other men who have lost the best part of their Estates by and for the Pa liâ—ment for compensation whereof they have the publike Faith engaged by Ordinances are consumed by Taxes and repaied with reproaches onely we say That although the Purchasers might well have afforded to have given the same rates for their Purchases which they now give if they might have had them assured by Act of Parliament for 99 years and such moderate Rents reserved as the King intimates in his Answer yet in His Answer he expresseth a farther satisfaction to be given them upon which we should have insisâ—ed nâ—â—withâ— anding the said Vote 5. Decemb. 1648. We farther alledge That the King having granted the rest of the Propositions â—â—d â—o much in these 2. Delinquents and the Church the Natioâ—â—l Covenant doth not oblige us to make War upon this poiâ—â— nothing can make Presbytery nor the Purchasers of Bishops Lâ—â— is more odious nor endanger them more than to make them the sole obstacle of Peace nor could any thing more work the King to comply with our desires herein than for us to draw a little neerer Him The Considerations leading us to pass the said Vote 5 Dec. 1648. come next to be considered 1. The saving of Ireland 2. The regaining the revolted Navy and freedom of the Seas 3. The support of the Ancient Government of the Kingdome 4. The putting the people into a secure possession of their Laws and Liberties 5. The avoiding such evill consequences as were apparently to follow a breach with the King As 1. the Deposing the King if not the depriving Him of life Return to Sect. 71. whereupon floods of misery will follow and scandal to the Protestant Religion which we from our hearts detest and abhor See the many Declarations of Parliament against it 2. The necessitating of the Prince to cast himself into the Armes of Forreign Popish Princes and embrace Popish Alliances for his succour 3. It may beget a change of Government and a laying aside of Monarchy here and so a Breach with Scotland and this Kingdome being the more rich likely to be the Seat of the War 4. The vast Debts of this Kingdom upon the publike Faith will never be paid in War but increased and multiplied multitudes of Sufferers by and for the Parliament like to be repayed onely with new sufferings and every years War destroies more Families and makes more Malignants through discontenting pressures until at last the Souldier seeing no hope of pay the People no hope of peace and ease fall together into a general and desperate tumultuousness the power of the Sword apparently threatning a dissolution of Government both in Church and Common-wealth To that scandalous Objection which saith The corrupt majority will not lâ—nd an ear to admit a thought towards the laying down their own power or rendring it back to the People from whom they received it We say this Objection is unreasonable from men who endeavour to perpetuate an Army upon the Kingdome nor is the continuance of this Parliament singly objected but that they will not render it back to the People Viz. To a new Representative invented and made by the Army that is We will not render our power into the hands of the Army Another Objection is That whatsoever the King granted He might plead Force to break it and spoil us by policy This Objection might have been made against all our Treaties If there be any Force it is from the Army for spoiling us by policy The Kings of this Land could never encroach upon our good Laws but by corrupt Judges and Ministers who though they could not abrogate the Law made it speak against it self and the intended good of the
Humane shewing Him to be more then Conquerour of His Enemies in His rare Christian patience and charity the very reading of it aggravateth our loss of so Gracious and excellent a Prince that had learned the whole method of humane perfection in the schoole of adversity Herod and his Jews never persecuted Christ in his swadling-clouts with more industrious malice then the Antimonarchicall Independent Faction this Book in the Presses and shops that should bring it forth into the world knowing that as the remembrance of Heaven strikes a horror into us of Hell So the contemplation of his virtues will teach us to abhorre their vices March 8. 1648. 129. The form of Writs for Elections changed The Commons assented to a new Form of a Writ for election of Knights and Burgesses for the Parliament But three dayes before it was reported to the House from the Councell of State what number of Horse and Foot they thought fit to be kept up for the service of England and Ireland 130. A new establishment for the Army reported to the House from our new Masters the Councell of State and the Monthly charge which estimated come to 160000 l. per mensem You see we are likely to finde these our new Lords such gracious Masters to us that as the second part of Englands new Chains saith We shall have Taxes though we have neither Trade nor Bread In the Earle of Essex time when the Warre was at the highest the Monthly Tax came but to 54000 l. a Month yet had we then seven or eight Brigades besides his Army and Garrisons but that the Faction of Saints may carry on the work of a thorow Reformation in our purses as well as they have done in the Church and Common-wealth they first raised the Tax to 60000 l. a Month for England besides 20000 l. a Month pretended for Ireland but I believe little of it slips through their sanctified fingers to go thither And now to shew they can use double dealing against the Ungodly they would double the summ from 80000 l. to 160000 l. a Month this is to break our hearts with property and make them take what impressions of slavery they please to set upon them this Conventicle of State will engross all the Coyn and Treasure of the Land into their own hands and then subdue us therewith and make us like slavish Aegyptians sell our selves and our Lands for Bread or money to buy Bread when that inseparable companion of a long warre Famine approcheth which their barbarous and illegall Sequestrations unstocking mens Farms and laying them wast will inevitably bring upon us they have more hope to subdue and lessen the number of their Opposites by famine and want then by the Sword in order to which they have destroyed the Trade of the City and undone multitudes of Trades-men who being disabled to pay their Taxes the Army cause all their Arrears to be leavied upon the City by a new Tax upon the rest of the Inhabitants and the Outlandlords and when Cromwell was told this would undo the City He answered It was no matter the more were undone the more would clap Swords to their sides and come into the Army you see Souldiery is intended to be the chief Trade 131. An Act for Abolishing the Kingly Office c. March 17. 1648. The empty House of Commons in farther prosecution of their said Design and to please their Masters of the Army passed printed and published in the form and style of a Statute this Paper following intituled An Act for the Abolishing the Kingly Office in England WHereas Charles Stuart late King of England Ireland and the Territories and Dominions thereunto belonging hath by Authority derived from Parliament Since by the Law the Crown cures al defects how can the King's bloud be attainted been and is hereby declared to be justly condemned adjudged to die and put to death for many treasons murthers and other hainous offences committed by him by which Judgement he stood and is hereby declared to be attainted of High Treason whereby his Issue and Posterity and all others pretending Title under him are become uncapable of the said Crowns or of being King or Queen of the said Kingdom or Dominions or either or any of them Be it therefore Enacted and Ordained and it is Enacted We have sworn faith and Allegâ—ance to K. Charls the First His lawfull Heirs and Successors and our Vow is recorded in Heaven from which no power on earth can absolve us See the Oathes of Allegiance Obedience and Supremacy The Statute of Recognition 1. Iac. But the Commons are now Supreme as in imitation of the Pope to bring this Claus in practise Licet de jure non possumus tamen pro plenitudine potestatis nostra volumus c. Ordained and Declared by this present Parliament and by Authority thereof That all the People of England and Ireland and the Dominions and Territories thereunto belonging of what degree or condition soever are discharged of all Fealty Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King or any claiming under him and that Charles Stuart eldest Sonne and James called Duke of Yorke second Sonne and all other the Issue and Posterity of him the said late King and all and every person and persons pretending Title from by or under him are and be disabled to hold or enjoy the said Crown of England or Ireland All our Laws cut off by the non obstante of an eighth part of the House of Commons sitting under a force After almost 1000 years experience it is now found to be dangerous The English were never one half-quarter so much enslaved since William the Conquerour subdued them as they have been since Oliver the Brewer subjugated them and other the Dominions thereunto belonging or any of them or to have the Name Title Stile or Dignity of King or Queen of England and Ireland Prince of Wales or any of them or to have and enjoy the power and Dominion of the said Kingdoms and Dominions or any of them or the Honours Manors Lands Tenements possessions and Hereditaments belonging or appertaining to the said Crown of England and Ireland and other the Dominions aforesaid or to any of them or to the Principality of Wales Dutchy of Lancaster or Cornwal or any or either of them Any Law Statute Ordinance Vsage or Custome to the contrary hereof in any wise notwithstanding And whereas it is and hath been found by experience that the Office of a King in this Nation and Ireland and to have the power thereof in any single Person is unnecessary burthensome and dangerous to the liberty safety and publike interest of the people and that for the most part use hath been made of the Regal power and prerogative to oppress impoverish and enslave the Subject and that usually and naturally any one person in such power makes
it his interest to incroach upon the just freedom and liberty of the people and to promote the setting up of their own will and power above the Laws that so they might enslave these Kingdoms to their own Lust * * But in a Councel of State of forty Tyrants sitting under the protection and awe of Oliver Be it therefore Enacted and Ordained by this present Parliament and by Authority of the same That the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single Person and that no one person whatsoever shall or may have or hold the Office Stile Dignity Power or Authority of King of the said Kingdoms and Dominions or any of them or of the Prince of Wales Any Law Statute Vsage or Custome to the contrary thereof in any wise notwithstanding And it is hereby Enacted That if any person or persons shall endeavour to attempt by force of Armes or otherwise or be aiding assisting câ—mforting or abetting unto any person or persons that shall by any wayes or means whatsoever endeavour or attempt the reviving or setting up again of any pretended Right of the said Charles eldest Son to the said late King James called Duke of York or of any other the Issue and Posterity of the said late King or of any person or persons claiming under him or them to the said Regal Office Stile Dignity or Authority or to be Prince of Wales or the promoting of any one person whatsoever to the Name Stile Dignity Power Prerogative or Authority of King of England and Ireland and Dominions aforesaid or any of them That then every such offence shall be deemed and adjudged High-Treason High Treason is what these Legislative Thieves list to make it an Arbitary crime notwithstanding the Stat. 25 Ed. 3. for limiting and ascertaining of Treasons for security of the people Tiberius and Nero's days are fallen upon us Of which Tacitus Ingens crimen divitiae complementum omnium accusationum laesa majestas and the Offenders therein their Counsellors Procurers Aiders and Abettors being convicted of the said offence or any of them shall be deemed and adjudged Traytors against the Parliament and People of England and shall suffer lose and forfeit and have such like and the same pains forfeitures judgements and execution as is used in case of High Treason And whereas by the abolition of the Kingly Office provided for in this Act a most happy way is made for this Nation if God see it good to return to its just and antient right of being Governed by its own Representatives or National meetings in Councel * * When was England governed by their own Representative or had any other regliment then Kings But what the Legislative Conventicle declares we must believe though contrary to our knowledge They will lead our Faith and Reason in a string or have our necks in a halter A period to this Parliament and leave the Supream power in the Councel of State a design long since attempted See First and Second Part of Englands New Chains and the Hunting of the Foxes No obedience is due by Law to them which takes no notice of this form of Government from time to time chosen and entrusted for that purpose by the People It is therefore Resolved and Declared by the Commons assembled in Parliament that they will put a period to the sitting of this present Parliament and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth and that they will carefully provide for the certain chusing meeting and sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Common-wealth And it is hereby further Enacted and Declared notwithstanding any thing contained in this Act no person or persons of what condition and quality soever within the Common-wealth of England and Ireland Dominion of Wales the Islands of Guernsey and Jersey and Town of Berwick upon Tweed shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation as it is now Declared but all and every of them shall in all things render and perform the same as of right is due unto the Supreme Authority hereby declared to reside in this and the successive Representatives of the People of this Nation and in them onely 132. An Act for abolishing the House of Peers More New lights new discoveries made by forty or fifty Ignis satui gross fiery Meteors remaining in the House of Commons About the same time they passed another Act for Abolishing the House of Peers to this purpose THe Commons of England assembled in Parliam nt finding by too long experience that the House of Lords is useless and dangerous to the People of England to be continued have thought fit to Ordain and Enact and be it Ordained and Enacted by this present Parliament and by the Authority of the same That from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away and that the Lords shall not from henceforth meet or sit in the said House called the Lords House or iâ— any other House or place whatsoever as a House of Lords nor shall sit vote advise adjudge or determine of any matter or thing whatsoever as a House of Lords in Parliament Nevertheless it is hereby Declared That neither such Lords as have demeaned themselves with honour courage Fidelity to the Common wealth nor their Posterities who shall so continue shall be excluded from the publike Councels of the Nation but shall be admitted thereunto and have their free Vote in Parliament if they shall be thereunto elected as other persons of Interest elected and qualified thereunto ought to have And be it further Ordained and Enacted by the Authority aforesaid that no Peer of this Land not being elected qualified and sitting in Parliament as aforesaid shall claim have or make use of any Priviledge of Parliament either in relation to his person quality or estate any Laws Vsage or Custome to the contrary notwithstanding And to lessen the amazement of the People the same day they passed and ordered to be printed * 133. A Declaration of the Commons to shew the Reasons of their said proceedings The State is Free but the people Slaves as a Galley is free but the Rowers Slaves 1 part 72 73. See these Books A full Answer to an Infamous Pamphlet Intituled A Declaration of the Commons of England The Charge against the King discharged The Royal and Royalists Plea King Charles vindicated c. And his Majesties last Book or Pourtraicture and His Maj. Gracious Messages for
to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in awe the declared Supreme power of their Soveraign Lord the People must resign their known Lawes to their Trustees their Representatives in Parliament and take New Lawes from their Arbitrary votes or woe to be to their Necks and Shoulders I must interrupt you what you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner you may not dispute the Authority of this Court nor will any Court give way to it you are to submit to it It is not safe to confute a lie told with Authority Yet if a man be Endited of Treason or Felony in the Court of Common Pleas a man may Demur to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Competent Judges every man and every cause must be tried Suo Foro non Alieno So if a Peer be arraigned in the Kings Bench. And for this upstart unpresidented High Court it is no Court of Judicature at all as being erected without lawfull Authority Consisting of Incompetent Judges no Records belonging to it and tending to disinherit and disfranchise all the People of England and to murder them You may not dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal The votes of the Commons of England assembled in Parliament is the Reason of the Kingdom Oh Brutish irrationall Kigdom Where 40. or 50. Anabaptisticall Members the Dregs and lees of the House of Commons after all the best and sincerest 7. Parts of 8. had been racked and purged out at the Bunghole by Cromwell the Bruer and Pride his Dray-man shall be called the Reason and Law of the Land This confirmes the truth of what King Charles I. Objected to the Parliament whereof I have formerly spoken That they disposed of the Subjects Lives and Fortunes by their own Votes against the known Lawes of the Land But that there should be no Appeal to their declared Soveraign Lord the People from their subordinate Trustees in Parliament is wonderfull Considering that in all Governments the last Appeal is ever the Highest and most Absolute power But it may be they will be the Peoples Trustees in spight of their Teeth and by the power of the Sword and so free themselves from rendring any account of their Stewardship You may not demuâ—re to the Jurisdiction of the Court. If you do they let you know that they over-rule your Demurrer and affirm their own Jurisdiction Reason is not to be heard against the Highest Jurisdiction the Commons of Engl. make a direct and positive Answer either by denying or confessing and put in immediately an issuable Plea Guilty or Not Guilty of the Charge or we will record your Default and Contumacy and by an implicite confession take you Guilty proconfesso and immediately give Judgement against you This as I told you before is it that blanches the Deer into the Toile But God deliver us from that Jurisdiction that is too high to hear Reason and that overrules Demurrers before they be heard I have told you as much of the proceedings of this Court as the Novelty Obscurity Uncertainty and confusion thereof will give me leave Let me now by way of overplus give you the great dangers and Slavery that will befall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their antient Legall Trialls by Enditement and Juries of the Neighbourhood then which the whole world cannot boast of a more equall way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Bloud Cromwells New Slaughterhouse which hath neither Law Justice Conscience Reason Presisident or Authority Divine or Humane but onely the pretended Parliaments irrationall Votes and the Power of the Sword to maintain it which will prove a Cittadell over their Liberties a Snare to their Estates a Deadfall to their Lives and Scandall to their honors and Families if not timely opposed 1. By the Law The Enditement must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Libeâ—ties of England but in this dead-water our turning Tide between the old Regall and this New unknown Government no man knows how to do look or speak for fear of contradicting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundless lawless New Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governors in Concreto naming them For there being no Treason without Allegeance And Allegeance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made particularly known to us who they are or where to be found or what their power Duty or Office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not Subjects Since the Duties of Allegeance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by Lawless votes like Turkish Tartarian and Russian Slaves I cannot owe nor perform Allegiance to those Individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegeance no Treason for in all Enditements of High Treason it must be alleaged That the Accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverb In Trust is Treason Now where there is no profession of Allegeance there is no Acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegeance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdom by Souldiers to owe Allegeance to Cromwell the Bruer Scot the Bruers Clerk Bradshaw the Murderous Petty fogger Sir Henry Mildmay the Court Pander and
blood and tears of the exhausted people and the milk of their Babes are they not like Achan's wedge amongst us would it not much ease the people of burthens and go far in the payment of Souldiers and publick debts to have both the Kings and the Parliaments sponges of what party and profession soever squeezed into the common Treasury whensoever the Common-wealth settles Review this clause well and as the Parliament hath altered some Votes for you so do you alter this clause for the people who long not only to see the Kingdom but also our new-made Gentlemen in statu quo prius Gentlemen you that will give Counsel will take it without offence against him that dares lay as good claim to justice and honesty as your selves THEODORUS VERAX The Mystery of the Two Juntoes Presbyterian and Independent with some Additions THe Kingdom being overgrown with Prerogative Corruption and Superstition the fruits of a long and lazie peace by a long discontinuance of Parliaments at last by Providence his Majesty was necessitated to call a Parliament the onely Colledge of Physicians to purge the much-distempered body of the Common-wealth In this Parliament a contest between the Kings Prerogative and the Peoples Laws and Liberties begat a War The Divines on both sides out of their Pulpits sounding Alarum thereto and not only Sermons but Declarations of Parliament and National Covenant holding forth to the people the defence of Religion Laws Liberties and Properties inflamed the people to the rage of battel as the Elephant is enraged at the sight of Red. This War occasioned extraordinary Taxes and Leavies of money such as were never heard of by our Ancestors and were Irritamenta malorum the nurse of our corruptions This incentive working upon the humane frailty of the speaking and leading Members of the Houses Grandees caused them first to interweave their particular interests and ambitions with the publick and lastly to prefer them before the publick Wherefore the said leading men or Grandees for that is now Parliament language first divided themselves into two factions or Juntoes Presbyterians and Independents Factions seeming to look onely upon the Church but Religion having the strongest operation upon the spirit of man involved the interests of the Common-wealth The common people of the two Houses following with an implicite faith and blind obedience the example of their leaders divided themselves also into the said Dichotomy which they did with more seriousness than their leaders as not perceiving any thing of design therein but according to the diversity of their Judgments or rather Fancies and Confidings for to resign a mans judgment to the opinion of another man is but a silly trust and confidence studied the upholding of their parties with earnestness whilest the Grandees of each party in private close together for their own advancement serving one anothers turn The Grandees in all publick debates seem as real in their reciprocal oppositions as those silly ones who are in earnest whereby they cherish the zeal of their respective parties keep them still divided Divide impera is the Devils rule and so amuse them and take them off from looking after other interests in which were they conjoyned they might share with the Grandees themselves and for the better contentment of such their Confidents as looking too intentively after their own gain the Grandees of each Junto confer something of advantage upon those that are subservient unto them as five pounds a week or some petty imployment The seeds of these factions spread themselves into the Common-wealth and Armies as Rheum distils from the head into all the body Thus the leading men or Bel-weathers having seemingly divided themselves Monopolizing profits and preferments and having really divided the Houses and captivated their respective parties judgment teaching them by an implicite faith Jurare in verba Magistri to pin their opinions upon their sleeves they begin to advance their projects of Monopolizing the Profits Preferments and Power of the Kingdome in themselves To which purpose though the leaders of each party seem to maintain a hot opposition yet when any profit or preferment is to be reached at it is observed that a powerful Independent especially moves for a Presbyterian or a leading Presbyterian for an Independent and seldom doth one oppose or speak against another in such cases unless something of particular spleen or Competition come between which causeth them to break the common Rule By this means the Grandees of each faction seldom miss their mark since an Independent moving for a Presbyterian his reputation carries the business clear with the Independent party and the Presbyterians will not oppose a leading man of their own side By this artifice the Grandees of each side share the Common-wealth between them and are now become proud domineering Rehoboams even over the rest of their fellow Members contrary to the liberty of Parl. which consists in an equality that were formerly fawning ambitious Absoloms There hath been lately given away to Members openly besides innumerable and inestimable private cheats mutually connived at at least 300000 l. in money besides rich Offices Imployments in money Committees Sequestrations and other advantages And those Members who have so well served themselves under colour of serving the publick are for the most part old Canvasers of Factions who have sate idlely and safely in the House watching their advantages to confound businesses and shuffle the cards to make their own game when others that have ventured their persons abroad labour'd in the publick work like Israelites under these Aegyptian task-masters and lost their estates are left to sterve untill they can find relief in that empty bag called by fools fides Publica by wise men fides Punica and are now looked upon in the House superciliously like unwelcome guests for it is known how malignantly and how juglingly writs for new Elections were granted and executed and called younger brothers and like younger brothers they are used their elder brothers having slipped into the World before them and anticipated the inheritance they have broken first into the common field and shut the door to prevent after commers even from gleaning after their full harvest for the better effecting whereof they have now morgaged in effect all the means they have to raise money unto the City and being themselves fat and full with the publick Treasure to express rather their scorn than care they are making an Ordinance that no more money shall be given to their Members and yet to shew how carefull they are of all such as have cheated the Commonwealth under them I will not say for them they have taken advantage of the Petition of the Army wherein they desire Indempnity for all acts done in Relation to the War and have passed an Ordinance of Indempnity for all such as have acted by Authority and for the service of the Parliament wherein under great penalties and with an appeal at last from the Judges of
things briefly Epitomized but to Historize them at large would require a volume as big as the Book of Martyrs These Committees are excellent spunges to suck mony from the people and to serve not only their own but also the Covetous Malicious Ambitious ends of those that raked them out of the dunghil for that imployment and do defend them in their oppressions who is so blind as not to see these men have their protectors the Daemones to whom they offer up part of their rapins to whom they sacrifice Occulta spolia plures de pace Triumphos If there be any intention to restore our Laws and Liberties and free us from Arbitrary Government it is fit these Committees and all associations be laid down having no enemy to associate against and that the old form of Government by Sheriffs Justices of the Peace c. be re-established and the Militia in each County setled as before in Lieutenants and deputy Lieutenants or in Commissioners The rather because the people are now generally of opinion They may as easily find Charity in Hell as Justice in any Committee and that the King hath taken down one Star-chamber and the Parliament hath set up a hundred Nor is it a small artifice to raise money by so many severall and confused Taxes Taxes Whereas one or two ways orderly used and well husbanded would have done the work 1. Royal Subsidie of 300000 l. 2. Pole money 3. The free Loans and Contributions upon the Publick Faith amounted to a vast incredible sum in money Plate Horse Arms c. 4. The Irish adventure for sale of Lands the first and second time 5. The Weekly meal 6. The City Loan after the rate of 50 Subsidies 7. The Assesment for bringing in the Scots 8. The five and twentith part 9. The Weekly Assesment for my Lord Generals Army 10. The Weekly or Monthly Assesment for Sir Thomas Fairfax Army 11. The Weekly Assesment for the Scotch Army 12. The Weekly Assesment for the British Army in Ireland 13. The Weekly Assesment for my Lo. of Manchesters Army 14. Free-quarter at least connived at by the State because the Souldiers having for a time subsistence that way are the less craving for their pay whereby their Arrears growing stale will at last either be frustrated by a tedious Committee of Accounts or forgotten in the mean time the Grand Committee of Accounts discount it out of the Commanders Arrears whereby the State saves it 15. The Kings Revenue 16. Sequestrations and Plunder by Committees which if well answered to the State would have carried on the work which thus I demonstrate One half of all the goods and Chattels and at least one half of the Lands Rents and Revenues of the Kingdom have been sequestred And who can imagin that one half of the profits and Goods of the Land will not maintain any Forces that can be kept and fed in England for the defence thereof 17. Excise upon all things this alone if well managed would maintain the War the Low-Countries make it almost their only support 18. Fortification-money c. By these several ways and Taxes about forty Millions in money and money-worth have been milked from the people and the Parliament as the Pope did once may call England Puteum inexhaustum yet it is almost drawn dry A vast Treasure and so excessive as nothing but a long peace could import and nothing but much fraud and many follies could dissipate and we ought not to wonder if it be accounted inter arcana novissimi imperii to be always making yet never finishing an account thereof And as they have artificially confounded the accounts by laying on multiplicity of Taxes Accounts so for the same reason they let the money run in so many muddy obscure chanels through so many Committees and Officers fingers both for collecting receiving issuing and paying it forth that it is impossible to make or ballance any Publick account thereof and at least one half thereof is known to be devoured by Committees and Officers and those that for lucre protect them By these means as they make many men partners with them in the publick spoyls so they much strengthen and increase their party whereby multitudo peccantium tollit poenam If these things were not purposely done 1. Our Taxes would be fewer in number Accounts again and more in effect 2. They would be put to run in one chanel under the fingering of fewer Harpies and perspicuous and true Entries made of all receipts and disbursments which would be publick to common view and examination The Exchequer way of accounts is the exactest antientest and best known way of account of England and most free from deceit which is almost confessed de facto when to make the Kings Revenue more obnoxious to their desires they took it out of the Exchequer way contrary to the fundamental Laws of the Land for both the Higher and Lower Exchequer are as antient and fundamental as any Court in England and put it under a Committee which as all other Committees do will render an account of their Stewardship at the latter day In the mean time divers of that Committee buy in old sleeping Pensions which they pay themselves from the first of their arrears yet other men that have disbursed money out of their purses for the Kings Service can receive no pay for any money laid forth before Michaelmas Term 1643. because forsooth then the Committee first took charge of the Revenue In the mean time the Kings Tenants and Debtors are deprived of the benefit of the Laws and Liberties of the subject which before they enjoyed all Debts and Moneys being now raised by the terrour of Pursuivants and Messengers whose Commissions are only to distrain and levy c. whereas formerly the Exchequer sent out legal Process and the Tenant or Debtor had liberty to plead to it in his own defence if he thought himself wronged but now New Lords new Laws and to countenance their doings the Committee have gotten an addition of some Lords to them 3. If there were fair play above board so many members of both Houses would not be ambitious of the trouble and clamour that attends Task masters Publicans and such sinners as sit at the receipt of Custome being no part of the business for which the Writ Summons or the people choose or trust them and whereby they are diverted from the business of the House but would leave that imployment to other men who not having the character and privilege of Parliament upon them will be lesse able to protect themselves and their agents from giving publick accounts of their receipts and disbursments and from putting affronts and delays upon the Committee of Accompts as it is well known some of them have done Lastly it is scandalous that the same men should be continued so long in their money-imployments because Diuturnitas solitudo carrumpunt Imperia and by long continuance and experience they
manners with new principles Anglia Rediviva p. 247. tells us that about Woodstock private overtures were made by some from Court for receiving his Majesty who was minded to cast himself upon the Army but such was their faithfulness in that point that conceiving it derogatory to the honour and power of Parliament for his Majesty to wave that highest Court and address himself to any others and therefore inconsistent with their trust and duty being servants of the State they certified the Parliament thereof and understanding it to be against their sense also they absolutely refused to be tampered with Oh how faithful then how perfidious and Cromwellized are they now let their frequent tampering with the King and His Party to the amazement of the Kingdom and the abusing of the King testifie Read Putney Projects written by a considerable Officer of the Army and a friend to Cromwel though not to his false practices 14. Their project to keep the Parliament in Wardship Having thus gotten the King the first and most visible legal authority of England into their possession their next design is to get the Parliament the second legal authority of England into their power 15. Purging the Houses again This could not be effected but by purging the two Houses of Presbyterian Members especially the most active and such as had laboured their disbanding that an Independent Parliament and Army might govern the Kingdom In order to which design they sent to the House of Commons in the name of Sir Thomas Fairfax and the Army 16. Accusing the 11. Members a general and confused Charge of High Treasons and other mis-demeanours against eleven Members for things done for the most part in the House and many of the principal such as the House had long before examined and acquitted them of and such as the whole Kingdom knows Cromwel and Ireton to be apparently guilty of as Trucking with the King c. One cheif Article insisted upon in the Charge was That by their power in the House they caused the Ordinance for Disbanding this Army to pass Here you see where the shooe wrings them This Charge was not subscribed by any informer that ingaged to make it good or else to suffer punishment and make the House and the parties accused reparations as by the Stat. 25. Ed. 3. c. 4. 27. Ed. 3. c. 18. 38. Ed. 3. c. 9. 17. R. 2. c. 6. 15. H. 6. c. 4. but especially by 31. H. 6. c. 1. concerning Jack Cade which comes nearest this case ought to be and they professed in the 2. 3. 4. Article of their Charge That they were dis-obliged and discouraged from any further engagement in the Parliament service or Irelands preservation And demanded the House should forthwith suspend the impeached Members from any longer sitting and acting Whereupon the House after full debate in a full and free Parliament Resolved June 25. 1647. That by the Laws of the Land no judgment could be given for their suspention upon that general Charge before particulars produced and proofs made Yet the Army which had now learned only to acquiesce in their own prudence and justice insolently threatned to march up to Westminster against the Parliament 17. Threats to march up to London in case the said 11 Members were not suspended and courted the City of London to sit Newters 18. London solicited to fit Newters and let them work their will with the Parliament The 11. impeached Members therefore modestly withdrew to free the House from such danger as they might incur by protecting them as in Justice and Honour they were bound to do After this the Army sent in their particular Charge and libellously published it in print by their own Authority To which the 11. Members sent in and published their Answer Upon which there hath been no prosecution because they pretend first to settle the Kingdom bâ—t if they stay till these fellows have either authority will or skill to settle the Kingdom they shall not need to make ready for their tryal till Dooms-day Here you have a whole Army for Accusers and the chief Officers of the Army being Members of the House not only accusers but parties Witnesses and Judges and carrying the Rules of Court and Laws by which they judge in their Scabards And the Charge of Impeachment such as all men know mutatis mutandis are more suitable to Cromwells and Iretons actions than the accused Parties If the proceeding in the Kings name against the 5 Members mentioned in The exact Collection part 1. p. 38. were Voted A Trayterous design against King and Parliament and the arresting any of them upon the Kings Warrant an Act of publick enmity against the Common wealth How much more Treasonable were these proceedings and the Armies March towards London to enforce them and their arresting Anthony Nichols having the Speakers Passe and leave of the House Colonel Burch being upon service of the Parliament going for Ireland and Sir Samuel Luke resting quiet in his own house 19. The first occasion of quarrel against the City Whilst these things were acting Cromwel finding he could not have his will upon the Parliament but that he must make the City of London who had denied the neutrality his Enemies cast about how to cheat the Country people of their affections for to have both City and Country his Enemies in the posture his Army was then in 20. Courting and cheating the Country and all other interest to lull them a sleep till the Grandees had wrought their will upon the City and Houses was dangerous he therefore by many Printed Books and Papers spread all England over by his Agitators and by some Journey-men Priests whose Pulpits are the best Juglers boxes to deceive the simple Absolom-like wooeth them to make loud Complaints of the pressures and grievances of the People to neglect the King and the Parliament and make Addresses to the Army as their only Saviours the Arbitrators of Peace Restorers of our Laws Liberties and Properties Setlers of Religion Preservers of all just interests pretended to settle the King in his just Rights and Prerogatives to uphold the Privileges of Parliament 21. Petitions to the Army and for the Army establish Religion to reform and bring to account all Committees Sequestrators and all others that had defiled their fingers with publique money or goods To free the people from that all devouring Excise and other Taxes to redresse undue elections of Members To relieve Ireland Things impossible to be performed by an Army and now totally forgotten so that they have only accepted of their own private demands as Souldiers That the Parliament should own them for their Army Establish pay for them put the whole Militia of this Kingdom and Ireland both by Sea and Land into their Hands and Vote against all opposite Forces But they are now become the only Protectors of all corrupt Committee-men Sequestrators Accomptants to the State and all other
and legal way of proceeding put him upon it to answer ex tempore He confessed and avoided some things but denied the most material He denied he was more frequent at their meetings than ordinary For his silence he alleged he was but the Cities servant and had no voice amongst them but when his opinion was demanded That he gave thanks to the Apprentices as a servant by command yet had mixed some admonitions and reprehensions in his Speech to them So the Recorder withdrew And presently Haslerig according to his custom moved judgment might be given against him To which was answered that the Recorder denied the principal parts of his Charge and offered proofs by Witnesses you must give him that leave or take all parts of his speech for granted as well that makes for him as against him Two or three days more will make this business ripe for judgment let him have one judgment for all If you judge him now to be expelled the House he is already fore judged and that will be a leading case to a farther judgment for who dares acquit where you have condemned A man ought to be but once judged upon one accusation The dishonour of expulsion is a punishment exceeding death If you judge now upon one part of the Accusation and hereafter upon another part of the Accusation he will be twice condemned upon one Accusation and shall never know when he hath sati fied the Law an endless vexation Yet Haslerig moved he might receive judgment now for what was already proved or confessed to be expelled the House saying The Lords went on without obstruction in their businesses because they had purged their House and that he might be farther impeached hereafter upon farther hearing So he was adjudged to be discharged the House committed to the Tower and farther impeached hereafter Against S John Maynard Sir John Maynnrd the same day was called to Answer He desired a copy of his Charge with leave to Answer in writing by advice of Counsel as the 11. Members formerly did to examine Witnesses on his part and cross examine their Witnesses But these requests were denied and he commanded to Answer ex tempore He gave no particular Answer but denied all in general as Col. Pride whom he cited for his president had formerly done at their Bar. He was adjudged to be discharged the House committed to the Tower and farther impeached The like for Commissary General Copley whose case differed little Against the 7. Lords The 8. of Sept. the Earls of Suffolk Lincoln Middlesex the Lords Berkley Willioughby Hunsdon and Maynard were impeached of High Treason in the name of the Commons of England for leavying War against the King Parliament and Kingdom The Earl of Pembroke then sent to Hampton Court with the Propositions on purpose to avoid the storm was omitted untill Wednesday following and so had the favour to be thought not worth remembring Sir John Evelin the younger sent up to the Lords with the Impeachment and a desire they might be committed They were committed to the Black Rod and so the engaged Lords had their House to themselves according to their desires 50. Schismatical Petitions The 14. Sept. A Petition from divers Schismaticks in Essex came to the Houses bearing this Title To the Lords and Commons in Parliament assembled distinct from the Lords and Commons that sate in absence of the two Speakers 16. Sept. a Petition from divers Sectaries of Ox fordshi Bucks Berksh was delivered to the House against divers Members sitting in the House Enemies to God and Godliness Enemies to the Kingdom c. Usurpers of Parliamentary authority who endeavoured to bring in the King upon his own Tearms They desired a free Parliament and that according to the desires of the Army those that sate when the Parliament was suspended in absence of Tythes c. in it Such another Petition came but the day before from Southwark These Petitions were all penned by the engaged party of the Houses and Army The aym of these Petitions and sent abroad by Agitators to get subscriptions The design was to put the two parties in the House into heights one against another to make the lesser party in the House viz. the ingaged party but 59. to expel the greater party being about 140. whereby the House might be low and base in the opinion of the people and no Parliament and so leave all to the power of the Sword The Army dayly recruiting and thereby giving hopes to all loose people that the Army should be their common Receptacle as the sea is the common Receptacle of all waters because those who had no hopes to be Members of Parliament might become Members of this Army Besides their plausible way of prompting the people to Petition against Tythes Enclosures and Copy-hold fines uncertain was to encourage them to side with the Army against all the Nobility Gentry and Clergy of the Land from whom the Army did most fear an opposition and to destroy Monarchy it self since it is impossible for any Prince to be a King only of Beggers Tinkers and Coblers But these interlopping discourses omitted Against the Lord Major Aldermen and Citizens let us again return to these prodigious Impeachments The next in order comes in the Lord Mayor Aldermen and Citizens with whom short work was made Impeachments were sent to the Lords against them and they sent to the Tower upon a bare report of the Inquisitor-general Corbet and the reading of some depositions the Witnesses names for the most part concealed and none of them so much as called to the Commons Bar to see what they could say for themselves contrary to Magna Charta 29. ch and contrary to 28. Edw. 3. enacting That no man shall be put out of his Land c. nor taken nor Imprisoned c. or put to death c. without being brought to answer by due process of Law That is according to the Stat. 42. Ed. 3. c. 3. That no man be brought to answer without presentment before Justices or matter of Record or by due process or writ oâ—iginal according to the old Law of the Land not according to new invented Articles of Impeachment but according to those Laws that were well known and old in Edw. 3. time See Stat. 37. Ed. 3. 1. Ed. 6. ch 12. 6. Ed. 6. c. 11. and the Stat. 25. E. 3. saith No man shall be taken by Petition or suggestion made to the King or his Counsel c. and the House of Peers is no more but the Kings Counsel as anon I shall make evident 51. Arguments against impeachments before the Lords It was moved by divers that these Gent. might be tryed according to Law at the Kings Bench by a Jury of twelve men de vicineto their Peers and Equals to judg of matter of fact alleging that the Common Law was the Birthright of all the free People of England which was one of the 3.
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
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
Orders of the House do permit were forced to be silent so the businesse was buried in silence I hear that some of the Lords called upon this businesse the Monday following being the 19 of June and that the Lord Wharton being asked why he did not impart Osburn's said Letters to the House Answered That as soon as he opened the said Letter he received from Osburn and saw his name at the bottom he looked upon the businesse as not considerable yet he sent the Letter to Hammond Upon Tuesday 20 June The Lords sent a Message to the Commons the first paper whereof concerned Osburns said Letters they desired that forty days might be assigned for Osburn to come and goe with safety to make good his information But Sir William Armine stood up and desired That the minutes of two Letters prepared to be sent into into Holland and Zealand concerning our Revolted ships might be first dispatched as being of present use And when the businesse was ended Mr. Pierpointe propounded another part of the said Message So Osburn's Information was left sine die for that time but since the Lords have quickned it and 40 days are given to Osburn to come and go with Freedom and Safety to make good his information who is come and avoucheth it and one Dowcett speaketh much in affirmation of a design of Rolfes to pistol the King Rolf presents himself at the Commons Bar with a Letter from Hammond which denies the Design and pleads Rolfes cause for him Rolf denied it at the Commons Bar with a trembling voice yet afterwards hid out of the way but being discovered upon search he was found to have a Byle upon him that disabled him from riding otherwise it is thought he would have fled far enough I do not hear that Hammond is yet sent for or questioned And for Osburn's indeavour to convey his Majestie from Carisbrook-Castle it is alledged he did it with a charitable intent to preserve his life and not of any disaffection to the Parliament to which he hath been affectionately serviceable Though many take offence at Master Walker as if his stirring of his businesse were onely to cast an aspersion upon the Army yet I conceive that what he did was commendable in discharge of the duty he owes to God his King and Country and of his trust as a Member of the Representative body of this Kingdom and in performance of the obligations which the Oath of Allegiance the Parliaments Protestation the National Covenant and the known Laws of the Land lay upon him which duty he was bound to perform though with the extremest hazard of his life and fortunes and though he may happily hope better things of this Army yet since neither the Laws of the Land nor common reason warrants him to presume upon his own private hopes and judgment things which often deceive the wisest men in matters of far lesse moment he could do no lesse than free his conscience by making the whole House Witnesses of the cleernesse of his actions and intentions Considering 1. The many high speeches and threats often used against the King in all places none excepted 2. The dangers the King escaped from this very Army which drove him from Hampton-Court to the Isle of Weight and may possibly pursue him thither 3. The Antimonarchical Principles wherewith many Members of this Army and their Chaplians and many elsewhere are seasoned who cannot govern this Kingdome at their pleasure by a military Olygarchy of Grandees of the Committee of Safety at Derby-house and the Army and so establish the Kingdom of the Saints nor yet bring it to their own levell but by taking off summa papaverum capita all that is high and eminent There is a Crowned Head in their way which must be removed 4. The corrupted fantasies of many Antimonarchical Schismaticks with Revelations and Raptures who serve the Devil for Gods sake making him the Author and the doing of his will the pretence of all their crimes and villanies 5. The many desperâ—te guilty persons that fear peace and are resolved now the Sword is out to burn the Scabbard These look upon the King with an evil eye as the Centre in whom all Interests must unite before we can have Peace Despair tempts these men to make one sin a degree and step to a higher These three last fort of men having cast off all fear of God will as easily contemn Gods substitute the King as he that casts off all reverence to the King will contemn his substitute a Constable 6. The continual endeavours of the Grandees of Derby-house and the Army to put all the Armes Garrisons Ships and Strengths of the Kingdom into the hands of Antimonarchical Schismatical Independents in order to which they are raising of new Forces and erecting new Garrisons in most Counties These men when they could not get a power from the House of Commons to raise what Forces they pleased for when it was moved they there ordered that no more motions should be made for raising new Forces but between the hours of ten and twelve yet what they could not get by their leave they now take without their leave the General granting Commissions for raising and listing Horse and Foot in almost all Counties for example Sir Hardresse Waller that one eyed Polyphemus of Pastebord lately sent forth Commissions in the County of Devon by virtue as his Commissions say of the power granted him from his Excellency for raising listing and training Horse and Foot which shall be no burden to the Country but be in pay with the rest of the army In these Commissions he stileth himself untruly Commander in cheif of all the forces of the five Western Associat Counties and gave authority and encouragement to the well affected that is to Independents Sectaries Antimonarchists and the more desperate forlorn sort of people to enter into and subscribe Engagements to live and die with the Army an imitation of the Members Engagement in defence of the Parliament that is of the ingaged faction of Independents Schismaticks and corrupt persons whom only the Army looks upon as the Parliament witnesse the Declaration of Sir Thomas Fairfax and his Council of War shewing the grounds of his advancing up to London This usurpation was complained of in the House of Commons Monday 19. June and prohibited then by Order 7. Peradventure the reason why this Letter was published so unseasonably in a thin House in so slight and surreptitious a way as aforesaid was in hope it would have been passed over in silence as it had like to have been and so the whole House should have been engaged in the crime if any such thing be intended as guilty of connivance and negligence though not as Actors guilty of the fact The main scope of this party hath ever been by Treaties of Accommodation uniting all Interests and other devices to involve others in their crimes to infect others with their diseases that all standing in need
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-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
That all the Arms and Garrisons of the Kingdom may be put into the hands of Antimonarchical Sectaries and the Militia of Godly Cut-throats established in every County towards the putting down of Monarchy and the erecting of the many-headed Tyranny of the Saints of Derby-house and the Army This Ordinance was commited 125. Letters uncharacterized a new invented net to catch Presbyterians in Tuesday 8 August Thomas Scot made report to the House of Commons of the private Letters brought out of Scotland by Master Haly-barton whereof I have formerly given you notice this Gentleman being a publique Messenger from the Kingdom of Scotland and not from Duke Hamilton or his Army whom only the House of Commons have declared Enemies without the concurrence of the Lords hath leave given him by the Lords to stay a Month in England yet the Commons have since Voted he shall be gone in twenty four hours or else he shall be sent home in Custody These Letters are most of them written in Characters yet this wel-gifted Brother Scot hath found out a New Light to Decipher them by and can tell by Inspiration or by Privilege of Parliament what Cypher or Character must signifie such a Letter of the Alphabet or such a mans name This engine added to the Schismatical High Commission or Committee of Clandestine Examinations is better than any spring or trap to catch any active Presbyterian that lies crosse to the design of the Godly They may suppose any mans name to lie hid under such or such Characters and Cyphers and so accuse him by virtue of this mysterious art of ayding or complying with the Scots or the Prince and pin whatsoever the Faction pleaseth to call Treason upon his sleeve these are the Arts of the Godly to make Innocency it self seem nocent and remove out of the way such as hinder the erecting the Kingdom of the Saints These Letters so decyphered were afterwards at a Conference reported to the Lords Wednesday 9 August 126. The City Petition answered The Answer to the City Petition the day before delivered to the House of Commons was reported to the House It was an Answer to some of the Prayers of that Petition only but gave no Answer to their desires for the Disbanding of all Armies to ease the people of their Burdens The restoring of the peoples Lawes and Liberties The enjoyning all Members to attend the House nor to the effectuall observation of the self-denying Ordinance this last is a noli me tangere if all Members should be enjoyned to be self-denying men there would be few Godly men left in the House How should the Saints possesse the good things of this world yet after some debate and divers expressions used by Weaver and Harvy That it appeared by the Petition that the City would desert the Parliament they gave an Answer to their desires concerning the union to be kept with Scotland and a Cessation of all acts of Hostility during the Treaty of Peace That they had Voted the Army under Duke Hamilton Enemies and Declared They would Act accordingly against them to which they would adhere Master Hugerford argued 127. The Commons debate to take away the Lords Negative voice and act without them That because the Lords had denyed to concur in the said Vote he conceived the House could make no such Declaration nor act therein without them This put the Zealous into a flame that any Member should argue against the Prâ—vileges of their House so far as to deny them to be Almighty singly and per se Reynolds the Lawyer positively affirming that the Houses of Commons being the Representative of all the People had power to Act without the Lords for safety of the people in case the Lords deserted their trust you see in this doctrine as it hath been already and is likely to be practised hereafter a ground layd to subvert the foundation of all Parliaments for ever and to bring all degrees of men to a parity or levell For the Parliament by all the known Laws of the Land consisting of 3. Estates 1. King 2. Lords And 3. Commons Two of the Estates viz. the Lords and Commons have already laid by the King and His Negative Voice and now the Commons debate of laying by the Lords and their Negative Voice because in their judgement they desert their Trust And so the Commons alone shall act as a Parliament without KING or Lords until falling into contempt and hatred of the people which will soon happen the Grandees of Derby-house and the Army shall take advantage to lay the House of Commons by and usurp the Kings supreme Governing Power the Parliaments Legislative Power yea and the Judges Judicative Power to themselves and establish the many-headed Kingdom Tyranny or Oligarchy of the Saints so much contended for in themselves O populum in servitutem paratum as Tyberius said of the Romans This is the tail of the Viper here lies his venom 128. Dead men Sequestred and the Sanctuary of the Grave violated Saturday 12 August A Message was sent to the Commons from the House of Lords in the behalf of Commissary Generall Copley who had bought and had a grant of the Wardship of the Heir of Sir William Hansby for which he paid Fine and Rent and was outed of it by a Sequestration laid upon Hansby's Estate after his death he having been never questioned for Delinquency during his life-time and this was maliciously done about the time when Master Copley was Imprisoned by the power of the Independent Faction whereof I have already said something Master Copley desired the Sequestration might be taken off and he permitted to enjoy his Contract made with the Court of Wards alleging that to Sequester or condemn a man after his death when he could not answer for himself was against the Laws of the Land even in the highest crimes of Felony and Treason and produced a President That the Committee of Lords and Commons for Sequestrations had taken off a Sequestration from the Lands of Andrew Wall for no other reason but because Andrew Wall was Sequestred after his death The case was diversly argued it was alleged that in cases of the highest Treason no man was condemned after death because he was not then in being to answer for himself there could be no proceeding in Law against a non ens In Felony if a man will stand mute he forfeits not his lands because there wants an Answer and yet it was his own fault not to answer The Parliament is bound by all their Declarations made both to KING and People and by the Nationall Covenant which contains all the first and just Principles of the Parliament to defend the Laws and Liberties of the Land and not to subvert them Take heed of giving so dangerous a President for Kings to act by hereafter against the People and against this Parliament and their friends since no man yet knows which way the tide may turn But
Duke Hamilton and a few dis-affected persons who were not likely to send any of the honest Godly party to Treat whereby the Treaty would be carried on to the disadvantage and ruine of the Godly and of the Church our only friends there And Mr. Ashurst related That the major part of the past Parliament of Scotland over-powred the minor part by an Army and so got the Engagement and other Acts and the Committee of Estates passed against which the Assembly of the Kirk consisting of 400 persons declared with one Voice I know not what he meant by saying the major part in Scotland over-powred the minor when I consider that major pars obtinet rationem totius the major part is virtually the Parliament to which the minor part must submit although here in England the lesser part of the Parliament engaging and conspiring with an Army whom themselves in a full and free Parliament had formerly declared Enemies to the State overpowred the greater part contrary to reason and practice This question seemed to agree with the sense of the Independents reasonably well because it leaves it onely to the pleasure of the King to Treat dis-junctively with the Scots upon the sole Interest of Scotland as men no ways concerned in the settlement of Peace in England whereby it is tacitely inferred that the Treaties Covenant and Union between the two Kingdoms is dissolved so the question aforesaid was put with this addition That if the King shall be pleased to invite the Scots to send some Persons Authorized c. the Parliament will give them safe conduct The fifth Vote of the Lords was That Newport in the Island of Wight should be the place of Treaty to which the Commons concurred With these debates ended this Week the 19 day of August About this time came forth a Book entituled 133. A pestilent Book called The necessity of the absolute power of Kings c. The necessity of the absolute power of all Kings and in particular of the King of England concerning which I am to admonish the Reader that it is conceived to be a Cockatrice hatched by the Antimonarchical Faction to envenome the people against the KING and PRINCE The next Week begins with Monday 21 August of whose proceedings I can give you only an imperfect scambling relation and so shall surcease all farther endeavours in this kind because I have already delivered enough for your Instruction if God have not appointed you to be led blindfold into the pit digged for your destruction but principally because my good Genius that furnished me with Intelligence hath now retired himself from acting without hope to praying with faith for his Country being tired out with hearing and seeing so much sinne and folly as now raigns at Westminster and I love not much to take news upon trust from the vulgar Peripateticks of the Hall 134. Mr. Martyns levelling practises and principles The chief things of note were More Complaints of Henry Martyn who now declares himself for a Community of Wealth as well as of Women and protests against King Lords Gentry Lawyers and Clergy nay against the Parliament it self in whose bosome this Viper hath been fostered and against all Magistrates like a second Wat Tyler all Pen and Inkhorn-men must down His Levelling Doctrine is conteined in a Pamphlet called Englands Troubler Troubled wherein All Rich men whatsoever are declared Enemies to the Mean men of England and in effect War denounced against them 135. Skippon's Listings Next the Ordinance for transferring over to the Militia of London Skippon's power of listing men in London was passed in the House of Commons with this Coloquintida in it That Skippon should name and appoint Commanders and Officers for the Forces listed to be approved of by the Militia of London 136. Cromwel's laureat letters 20 Aug. 1648 A Letter from Oliver Cromwel was read in the House of Commons relating his easie victory over Duke Hamilton and Major Gen. Bayly which puts me in mind of Ovid's Victory over Corinna of whom he saith Victa est nou aegrè proditione sua and conteining an admonition not to hate Gods people who are as the apple of his eye and for whom even Kings shall be reproved and exhorting the Speaker to whom it was written to fullfill the end of his Magistracy that all that will live peaceably and quietly viz. in Vassalage to Oliver and his Faction and neglect Religion Laws and Liberties may have countenance from him God blesse all honest men from the light of Oliver's countenance lest in an ignis fatuus mislead them from the duties of their Oaths of Allegiance Supremacy Potestation and Covenant and they that are implacable may speedily be destroyed out of the Land 137. Martial Law in London To prepare the way to whose destruction it was Ordered That an Ordinance be penned and brought into the House of Commons to try all such by Martial Law in the City of London as shall be found to plot design or contrive any thing to endanger the Parliament or City And yet London is no Garrison now as it was when Tomkims and Challoner were tried not is there any Enemy considerable in the Field whereby the known Laws of the Land may not passe currently through the Kingdom but our known Laws are not written in blood nor are they so flexible as to make all Traytors the Faction pleaseth to call such Yet as cruel as these Caco fuegos of the Faction are to some 138. Rolf's Bayl again pressed they have mercy enough for Rolf whose Bayl was again exceedingly pressed and that his two Prosecutors Osburn and Dowcet should be under restraint in his stead whom they have forejudged out of the King's Letter to the Houses not to be able to prove their information whereas it may be discretion in the King not to encrease his danger by acknowledging it Saturday 26. August 139. The KINGS Letter to the States of Scotland taken from Haly-burton The King's Letter to the Committee of States in Scotland c. in Answer to their Letter sent to Him by Haly-burton which Letter was taken from Haly-burton although a publique Minister of State and allowed by Parliament to carry their Letter to the King was read in the House of Commons I hear in general that it was excellently well penned and a very just honest and peaceable Letter Yet it was Voted neither to be sent to the Lords nor to be restored to Haly-burton but damned to close imprisonment in a Box under Seal lest the people should know how truly zealous his Majesty is to settle Peace in the Land a mystery their understandings must not be trusted withall Prolegomena Promises Protestations and Covenants made by this Parliament in behalf of the King and People AFter a repetition of many good Acts and Concessions obtained by this Parliament of the King for the ease of the People Remonstrance 15. December 1642. Exact Collect. p. 15. they
say farther that other things of main importance for the good of this Kingdom are in Proposition c. which yet before the end of this Session they hope may receive some progresse and perfection As the establishing and ordering the Kings Revenue c. The Regulating of Courts of Justice and the abridging both the delaies and Charges of Law Sutes c. Preventing the exportation of Gold and Silver and the inequality of Exchanges between this and other Kingdoms improving the Herring fishing upon our Coasts c. which things in all their Propositions and Addresses to the King have not been once mentioned nor any thing else but what makes for the profit preferment and power of a few ambitious Grandees of the Parliament and Army in order to which they demand the Militia of a standing Army with an arbitrary power to raise what Forces by Land and Sea consisting of what persons and to raise what sums of Money out of every mans Estate they please which power the King hath not to give neither did He nor His Ancestors ever exercise the only Militia they used having been either the Posse Commitatus under the Sheriffs which is very legal and antient or the Militia of Trained Bands under Lord Lieutenants and their Deputy Lieutenants which is a new invention Nor did the policy of our Law ever trust the power of the Sword and the Purse in one hand for fear of enslaving the People Ex. Col. p. 19. They farther declare That it is far from their purpose or desire to let loose the Golden reins of Discipline and Government in the Church to have private persons or particular Congregations to take up what form of Divine Service they please because they hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn Ex. Col. p. 203. They farther say there That the gracious favour His Majesty expressed in the Bill for continuance of this Parliament and the advantage and security which they thereby have from being Dissolved shall not encourage them to do any thing which otherwise had not been fit to have been done Ex. Col. p. 281. They conclude the said Declaration thus That they doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion The Kings just Prerogatives The Laws and Liberties of the Land and the Privileges of Parliament in which indeavours by the Grace of God they would still persist though they should perish in the work Ex. Col. p. 376. In their Declaration 4. June 1642. The Lords and Commons do declare That the Design of their Propositions for Plate and Money is To maintain the Protestant Religion the King's Authority and Person in his Royal Dignity The free Course of Justice The Laws of the Land what then becomes of Martial Law and Committee Law The Peace of the Kingdom and Privileges of Parliament In their Propositions for bringing in Money and Plate Ex. Col. p. 340. 10. June 1642. the Lords and Commons declare That no mans affections shall be measured according to the proportion of his offer so that he express his good will to the Service in any proportion whatsoever that is so that he ingage with them yet notwithstanding the 29. Novemb following Ex. Col. p. 765. the same Lords and Commons appointed a Committee of 6. persons who should have power to Assess all such persons as were of ability and had not Contributed and such as had Contributed yet not according to their ability which is now looked upon as a Malignancy to pay such sums of Money according to their Estates as the Assessors or any of them should think fit so as the same exceeded not the 20. part of their Estates The power is still exercised by all Country Committees to a 5. and 20. part charged upon all men even such as have been destroyed and undon or laid forth themselves beyond their abilities for their service to this Parliament In the National Covenant taken by this Parliament and by them imposed upon the Kingdom to be taken with hands lifted up to the most High God the Lords and Commons vow To maintain the King's Person Crown and Dignity in Defence of Religion Laws and Liberties c. To suppress all Errors Heresies Blasphemies and Schisms and to defend one another mutually in the same work with their lives and fortunes yet is the same Covenant now cast aside and called An Almanack out of date Many men have been punished for attempting to keep it And I hear the House of Commons are now upon passing an Ordinance for Martial Law to be executed in London upon all such persons as having taken the said Covenant shall attempt or design any thing against the Parliament or City of London what is this but to impose a special penalty upon such as have taken the Covenant and leave those that have not taken it free And who doubts but that the said Council of War shall consist of Anti-monarchical Schismaticks and Anti-covenanters for the most part who shall stretch every word to the utmost extent And this is now in brewing contrary to the Petition of Right 3. Caroli Magna Charta no considerable enemy being in the Field and the Courts of Justice in Westminster hall sitting nay I hear like Janus Bifrons this Law if I do not mis-call it looks backwards to Acts past as well as forward contrary to the nature of all Laws which have an admonishing power to warn men of the evil to come before they can have a punishing power for evils passed Therefore the Apostle saith Sin is a breach of a Commandement or Law I had not known Sin but by the Law The Law therefore must be previous to the Sin How the said Promises and Covenant and many more have been kept let the world judge What the Promises Undertakings and Proposals of the Army have been in order to setling the peace of the people of this Kingdom and of the King 's just Rights and Prerogatives and their own Disbanding are to be found in their many printed Papers which I will here omit because they had no lawfull calling or warrant for such undertakings and how they have been prosecuted and perfomed is obvious to every capacity General Conclusion Out of these Premises I shall draw these Conclusions following 1. The Grandees have subverted the fundamental Government of the Kingdom and why 1. THe engaged Party have laid the Axe to the very root of Monarchy and Parliaments they have cast all the Mysteries and secrets of Government both by Kings and Parliaments before the vulgar like Pearl before Swine and have taught both the Souldiery and People to look so far into them as to ravel back all Governments to the first principles of nature He that shakes Fundamentals means to take down the Fabrick Nor have
between them few of them pay any Taxes but all the Land payes Tribute to them It is thought this Faction their under-Agents and Factors have cost this Commonwealth above 20 millions never laid forth in any publick service nay the Treasurers and Publicans of this Faction have clipped and washed most of the Money that comes into their fingers before they pay it forth knowing that any money that comes out of their fingers will be accepted two Gold-smiths are thought to be dealers this way yet they lay the blame on the Scotish Army as the Cuckow lays her brood in other Nests 5. Having thus imped their wings for flight 5. The Indepâ—ndents provided of places of retreat to flee to they have provided themselves of places of retreat in case they cannot make good their standing in England Ireland is kept unprovided for that they may find room in it when necessity drives them thither If their hopes fail in Ireland they have New-England Bermudas Barbadus the Caribby Isles the Isle of Providence Eleutheria Lygonia and other places to retreat to and lay up the spoils of England in nay they usually send chests and vessels with money place and goods beyond Sea with passes from the two Speakers to let them passe without searching the Navy is in their power to accommodate their flight and by their instruments called Spirits they have taken up many Children and sent them before to be Slaves and drudges to the Godly in their schismatical Plantations as the Turk takes up Tribute Children from the Christians to furnish his nursary of Janisaries and so they have their Agents that buy up all the Gold they can get Cromwell not long since offered 11000 l. in silver for the 1000 l. in gold besides he is well furnished with the Kings Jewels taken in his Cabinet at Nazeby many of them known Jewels as the Harry and the Elizabeth 6. The vulgar Independents but props and properties to the Grandees 6. Nor shall the vulgar sort of Independents either in Parliament Army or City fare better than the rest of the Kingdom The Grandees both of Parliament and Army endevouring to adjourn the Parliament and draw all the power of both Houses into the Committee of Derby-house consisting but of 30. or 40. the rest of the Independent Members will find their power dissolved in the Adjournment and swallowed up by that Committee and their services forgotten nor shall they have any power in the Militia which is the only quarrel between them and the King the Grandees disdaining to have so many Partners in that which they have got by their own wits for know that the Grandees have always been winnowing the Parliament First they winnowed out the moderate men under the notion of the Kings party then the Presbyterians and now they will winnow forth the lighter and more chaffy sort of Independents who stand for the Liberty of the People a thing which Cromwel now calleth A fancy not to be engaged for and so they will bring all power into their own hands Thus having contracted the Parliament into a Committee of safety they will adjourn themselves though the Parliament cannot to Oxford or some other place which they more confide in than London and this is the settling the Kingdom without the King they so much aim at and which they had rather the people should be brought practically and by insensible degrees than by Declarations held forth to them before-hand or by politick Lectures in the Pulpit Thus it is decreed that this Cabal of Godly men at Derby-house shall with military Aristocracy or rather Oligarchy rule this Nation with a rod of Iron and break them in pieces like a Potters Vessel Observe that the Ordinance by which the Committee of Derby-house is revived and the addition of Power to it are purposely penned in such ambiguous terms that He that hath the Sword in his hands may make what construction of them he pleaseth neither were they clearly penned Is it in the power of the Houses being but the Trustees of the people to transfer or delegate their trust to a lesser number of men a trust not being transferrable by Law and the people having chosen a Parliament not a Committee to look to their safety and peace 7. 7. The Army hinder Peace and Settlement The Grandees of the Parliament and Army have brought the Kingdom to so miserable a condition that they have left no Authority in England able to settle peace The KING is a close Prisoner to the Army therefore all he shall do will be clearly void in Law by reason of Dures The Parliament is in Wardship to them who keep armed Guards upon them Garrisons round about them and by illegal Accusations Blanck Impeachments threatning Remonstrances and Declarations c. fright away many Members and compell the rest to Vote and un-Vote what they please whereby all the Parliament doth is void and null in Law ab initio it being no free Parliament but a Sub-committee to the Army and living as the Egyptians did under vassalage to their own Mamaluchi or Mercenaries The people thefore must resolve either to have no Army or no Peace 8. They have put out the eyes of the Kingdom 8. The two Universities destroyed the two Universities of Oxford and Cambridge and have brought the whole Land to make sport before them knowing that Learning and Religion as well as Laws and Liberties 9. Many honest men seduced by fair pretences took part with them never intending to leave their first principles and enslave King and Kingdom are enemies to their barbarous irrational and Russian way of Government 9. Many honest men took part with this Parliament seduced by those fair pretences of defending Religion Laws and Liberties which they first held forth to the People and being unwilling to have a Parliament conquered by the Sword not thinking it possible that a prevailing Faction in Parliament should so far prevaricate as to conspire to enslave King Parliament and Kingdom to subvert the Laws Liberties and fundamental Government of the Land under which they and their Posterity were and were likely to be so happily governed and betray Religion unto Hereticks and Schismaticks and share the spoils of the Commonwealth between them and think of enriching themselves with them in forein Lands yet many at the beginning much disliked that Religion should be used an as ingredient to the carrying on of a Civil War and that Schismaticks should have so great a stroak in managing the business yet were pacified with this consideration that we must refuse no helps in our defence if a man be assaulted by Thieves on the high-way he will not refuse to joyn with Schismaticks or Turks in a common defence the same authority that then countenanced those Schismaticks it was hoped would be able to discountenance them again when the work was done But the Grandees of the Houses having other designs had so often purged the Houses that
of their own making but when the King had neither Army nor Garrison in the Kingdom and thereby this necessity was removed why did they not to prevent Tumults Insurrections and a new war content the People and return all things into their old Chanel and restore to the people their Religion Laws and Liberties being their first principles for which they engaged them to spend their blood and treasure and for defence whereof they engaged themselves and us in a Covenant with Hands lifted up to the High God Why did they then provoke the Scots to a new War but that they might have occasion to keep up their Army still and inthrall the Kingdom look upon their Doctrine as well as their aforesaid practices and you will find that all they do is but to carry on a fore-laid design to lay by the King and enslave the People under the new erected Kingdom of the Saints the Grandees of Derby-house and the Army In the Declaration against the Scots Papers p. 67. They have adjudged the King unfit to Govern and p. 70. they say the power of the Militia was the principal cause of their War and quarrel with the King and in their Declaration against the King they say they cannot confide in Him It hath been commonly spoken in the House of Commons that the two Houses nay the House of Commons alone is the Supreme power of this Nation under God 16. Mach 1642. Both Houses Voted it a High Breach of Privilege of Parliament for any Person not excepting King or Judge to oppose their Commands or to deny that to be Law which the two Houses declared to be so In their Declaration against the Scots Papers p. 63. The Members say That in all matters either concerning Church or State we have no Judge upon Earth but themselves Who will account the Popes plenitude of power monstrous hereafter that shall observe this Doctrine and practice of Subjects in Parliaments claiming and exercising a Supreme Government whereof the Militia is a part a Legislative and Judicative power over the Consciences Lives Liberties and estates of their Fellow Subjects And all this under colour of a necessity raised by themselves out of a dispute they set on foot against the King which they have affirmatively adjudged and determine for themselves against Him without consulting the Laws Statues and usages of the Realm Nay the very Oaths of Supremacy and Allegiance which all with one voice speak against them Who would think that a faction in Parliament or any pest lesse than an Earth-quake or Deluge should in seven years time reduce so well-formed a Common-wealth into such a Chaos Yet even now the People are promised to be governed by the known Laws and Judges are appointed to determine sutes according to the Laws Surely There never was Tyrant that deprived his Vassals of a known Law amongst themselves this were to disable them to acquire wealth and so lose his own benefit of Taxes and Confiscations By the Laws of England a villain was protected in his goods against all men his Lord excepted The Turkish Vassals heap up much wealth and are protected against their fellow slaves though not against their Grand Seigneor who may seize their estates and take their lives at pleasure And this is all the protection the people of England have now by the Laws We have the benefit of Law one against another unless some Powerfull Member interpose but against the two Houses or either of them or any Grandee what Law what Justice can protect our lives liberties or estates and yet we were allowed heretofore to make our defence in Law against the King And until the King be again restored to his Right expect no better Right to be done you by this heedless head-strong Faction in Parliament The summe of all their endeavours is no more but this 18. The final scope of the Grandees endeavours The Grandees of Derby-house and the Army have already by their Votes of No Addresses and their scandalous Declaration laid by the King and in Him Monarchy notwithstanding they delay and fool the people with tedious debates of a Personall Treaty And when this innovation is digested by the people their next step will be to make use of the Schismatical Antimonarchical party in the House of Commons Army and City to cast off the House of Peers as Prerogative creatures and rags of Royalty some Schismatical Plebeian Lords excepted who shall recruit the Power they lose in the House of Lords by being of the Committee of Derby-house and when the people are well inured to this change and the grievance of it worn out by custom then to lay by the House of Commons and usurp the full Power of the King and Parliament into the Committee of safety at Derby-house who by way of preparation doe already stile themselves in all forein Negotiations The STATES Nay they doe already act all matters of moment at home and assume unto themselves all the properties of a State the Parliament being but a Sub-Committee to them upon whom they put what Impositions and Injunctions they please witnesse the design put upon the House of Commons for every Member to subscribe what number of Horse he would maintain for a Guard I know not whether to the Parliament or to the Committee of Derby-house This disease being now come to its Crisis 19. The Prognostick of this Disease it is no hard matter to pronosticat That nature that is the King our natural liege Lord must inevitably prevail at last against this Antimonarchical Faction for these reasons 1. The King can never want a Party the Parliament or rather Antimonarchical faction in Parliament can never manage a party without faction and confusion 2. The King may hushand his treasure to His best advantage the faction in Parliament cannot but must necessarily be cheated that they may be followed and befriended since only common crimes and common profit glues and cements them together and only such are found to be confiding men to them 3. The King is now discovered to every common capacity to have all the known Laws on His side the Parliament all known Laws against them and the people will no longer be governed without Law by new Arbitrary inventions 4. The King hath recovered all the peoples affections the Parliament hath lost them a privation which can never be reduced into habit again 5. The King is allyed both in Consanguinity of Blood and affinity of Cause with all the Princes of Christendom the faction in Parliament are terrae filii faterculi Gigantum Mushromes 6. The Kings Army will obey Him and His Interest the Parliaments Army will command them and their Interests besides they are men of different Principles and Interests only held together by profit and when that fails they fall in sunder Nothing therefore but a free Personal Treaty in London can prevent a Conquest whatsoever desperate forlorn people say to the contrary The Epilogue I Am not Ignorant
that there is a natural purging a natural phlebotomy belonging to Politique as well as to Natural bodies and that some good humors are always evacuated with the bad yet I cannot but deplore what I have observed That the honestest and justest men on both sides such as if they have done evil did it because they thought it good such as were carried aside with specious pretences and many of them seduced by Pulpit-devils who transformed themselves into Angels of light have always fared worse than other men as if this difference between the King and Parliament were but a syncretismus or illusion against honest men nay I do further foresee that in the period and closing up of this Tragedy they will fare worst of all because they have not taken a liberty to inrich themselves with publique spoils and fat themselves by eating out the bowels of their mother but are grown lean and poor by their integrity whereby being disabled to buy friendship in the dayes of Trouble they will be put upon it to pay other mens reckonings When Verres was Praetor of Sicily he had with wonderfull corruptions pillaged that Province and at the same time the Praetor of Sardinia being sentenced for depeculating and Robbing that Province Timarchides Verres Correspondent at Rome writ a very anxious Letter to him giving him warning of it But Verres in a jolly humour answered him That the Praetor of Sardinia was a fool and had extorted no more from the Sardinians than would serve his own turn but himself had gathered up such rich booties amongst the Sicilians that the very overplus thereof would dazle the eyes of the Senate and blind them so that they should not see his faults Such I foresee will be the lot of the more just and modest men who shall be guilty because they were fools as the other sort shall be innocent because they were knaves Whatsoever befalls you clear and innoxious soules be not ashamed be not affraid of your integrity if this Kingdom be a fit habitation for honest men God will provide you a habitation here if it be not capable of honesty God will take you away from the evils to come and pour out all the Vials of his wrath on this totally and universally corrupted Nation this incurable people Qui nec vitia sua nec eorum remedia ferre potest for my own part if I am not such already I hope God will make me such a man Quem neque pauperies neque mors neque vincula terrent and if Moses in an heroick zeal to draw a remission of the peoples sin from God desired to be blotted out of his Book the Book of Life and St. Paul to be Anathema for his Brethren why should not I with relation to my self and submission to Christ say oportet unum mori pro populo it is fit one man die for the people and devote my self to death for my Country as the family of the Decii in ancient Rome were wont to do I have read and admired their examples why not imitate them is it because as Machiavel saith The Christian Religion doth too much break enfeeble and cowardise the spirit of man by persecuting and subduing nature by denying her due Liberty and tying her to be more passive than active At facere pati fortia Romanum imo Christianum est or is it because in this generall deluge of sinne and corruption a publique spirit and excellency in virtue is accounted a degree of madness or is it because of the corrupt judgement of these times which makes a man more infamous for his punishment than for his sin and therefore Heroick acts are out of fashion the circumstances and ceremonies of Death are more taken notice of than Death it self these follies weigh not with me Sublimis an humi putrescam parvi refert The Thief upon the Crosse found a ready way to Heaven How much more an honest man Many a man out of Prison steps into Heaven no man out of Paradise ever found the way thither Salebrosa sit via modo certa modo expedita altè succinctus ad iter me accingo THe Premises considered I do here in the name and behalf of all the free Commons of England declare and protest that there is no free nor legal Parliament sitting in England but that the two Houses sit under a visible actual and an horrid force of a mutinous Army and of a small party of both Houses conspiring and engaged with the Army to destroy expell and murder with false Accusations and Blank and Illegal Impeachments and prosecutions the rest of their fellow Members who sate in Parliament doing their duty when the two Speakers with a small company of Members secretly fled away to the Army and sate in Council with them contriving how to enslave King Parliament City and Kingdom and how to raise Taxes at their pleasure which they share amongst themselves and their party under the name and title of the Godly the Saints and afterwards they brought the Army up to London against the Parliament and City in hostile manner a design far exceeding the Plot of Jermine Goring c. to bring up the Northern Army to London to over-awe the Parliament I do farther protest that the two Houses have sate under the said force ever since the sixth of August 1647. and therefore all they have done and all they shall do in the condition they sit in is void and null in Law ab initio by their own doctrine and judgement included in their Ordinance of the 20. of August last whereby they null and void ab initio all Votes Orders c. passed from the 26. July 1647. to the 6. August following Arguments against all accommodation and Treaties between the City of LONDON and the ingaged Grandees of the Parliament and Army 1 IT will never be safe nor honourable for so great a City to accommodate and joyn interest with a conspiring Party that by frequent violations of their faith and duty have inslaved King Parliament City and Kingdom and broken the Faith of this Nation given to the Scots in the large Treaties and in the National Covenant 2. By accommodating with them you make all their crimes your own their subtilty being to involve you to joyn with them in defence of their crimes 3. The Scottish quarrel is not against the English Nation but against the treacherous and hypocritical Grandees who by perjuring themselves and falsifying their ingagements both unto Kingdom and Army keeping the Souldiers by false suggestions from disbanding and totally obstructing Irelands relief and also a conspiring party in Parliament who keep them up to make good the aforesaid crimes forcing what Votes they please to passe by over-awing the Parliament Witnesse Cromwels laying his hand upon his Sword and forcing the House to passe those traiterous Votes against the King contrary to their own Consciences Allegiance Protestations Vow and Covenant and to raise Taxes upon the people which
they share among themselves This war is not like to be of any continuance considering there being in the Army many conscientious men who have had such ample experiment of the falshood of their Grand Officers that they are not like to hazard their lives again under the command of such Grand Impostors as they are also knowing the General hatred of the Kingdom to them under whose insupportable burthens and oppressions it groaneth Nor have we any way to break the power of the said Grandees of this Army but by the Scots whereby the just rights and Interests of all the three Kingdoms may be setled and Ireland relieved All which the Scots have declared in their former Papers delivered to both Houses of Parliament 4. If you accommodate with this faction you must have the same friends and foes with them as well as the same sins and quarrels and then it will grow to a Nationall quarrel between England and Scotland which will be of long continuance and misery and the Interest of the King and his Children and of all Princes of Christendom concerned in the example will be carried on in the Kingdom of Scotland against you if you joyn with those beggarly Grandees who have inriched themselves and their fellow-Impostors by the ruines of the Kingdom You will lose your credit and interests with your friends and brethren of Scotland the only fear and terror of whose coming into England kept this Faction which all men know is never satisfied with money and blood from taking many of your innocent heads from off your shoulders and confiscating your Estates to pay the arrears of the Army witnesse their often speeches to this purpose in the house of Commons and their illegal and violent proceedings against you you will likewise lose all the people of England I have shewed you your losses let me shew you your gains by this accommodation that by comparing one with the other you may cast up your account whether you shall be gainers or losers by it 1. They offer you the Tower of London and your Militia to be restored things of no great consideration and your Aldermen and Citizens to be set at liberty they do not offer to disband their Army which makes them Lord it over you and over-power both Tower and Militia and when they have divided you from all your friends and destroyed your reputation and are secure from the Scots the same violence which at first took your Tower your Militia and your most honest Citizens from you can deprive you of them all again at pleasure when you shall have none to stick by you your obligation to them shall be of steel theirs to you but of straw he that gives me that he can deprive me of at pleasure gives me nothing 2. Cromwell and his party knew your City to be the entire strength of England In Rich. 2. dayes when it was not half so great and populous as now it slew Wat Tyler and routed his rabble six times as many in number as the Army They therefore fear you and consequently hate you and labour nothing more than to divide and weaken you which is their proper interest For which purpose to divide the City in it self they caused the Parliament to change your Militia into other hands they cut off Westminster Southwark and the Hamlets from your Militia to weaken it they have divided you from the Parliament they have endeavoured to divide the Countrey from you Ut dividendo singula imperent universis Wherefore the Army in their Remonstrance 7. December 1647. Insolently demand Reparations from the City to the Countrey adjacent for above 100000 l. losse sustained through the Armies attendance on the Cities defaults which was a device only to make the Country quarrell with the City and to make the Army Umpiers 3. Consider you shall joyn with them that never kept Faith longer than they may gain by it whereof you have many examples Any honest man may be deceived once but he is a fool that will be deceived twice by one man 4. Nay you cannot treat with these men nor give them a Common Council or Hall without losse and danger they have always made lies their refuge and built their Designs upon the sandy foundations of Rumors and Fables Cromwel and Glover already give out that they and you are as good as agreed that you differ only upon a puntilio of honour which will soon be reconciled what is the meaning of this but that they having creatures of their own Commissioners in Scotland have advertisement to spread the same reports there thereby to take off the edge of your friends affections to lay an imputation of inconstancy upon you and make you inconsiderable in the judgements of your best friends and retard all indeavours for your succour In the mean time this party hath blocked up all passages to Scotland that truth can have no accesse to you and you have only such news as Derby-house doth please to impart to you These men have committed those crimes that cannot be safe without committing greater they must on headlong go not with them for company they desire to bestow their plague-sores upon others Let it not trouble you that the Parliament hath approved their subscription of the Ingagement with the Army it was a Vote extorted in a thin house many Members having been driven away by threats of the Army before and there were many dissenting Members A little patience and constancy will settle you in a lasting peace To petition the Houses to repeal their four Votes against the King is to save their reputation that seek to destroy yours A seasonable Caution to the City of London Gentlemen of the City YOur Neighbours of Kent and other Counties wishing well to them take it unkindly that notwithstanding all these former admonitions you should let down your chains and give a free march to this bloody cheating schismatical Army at all hours of the night through your City to cut their throats and lend them 6000 l. to enable them to march when they had no other design but in a peaceable way to deliver a Petition to the Houses demanding nothing but what the Parliament by their Declarations Covenant the Oaths of Supremacy and allegiance and the known Laws of the Land ought to grant Onely being fore-warned by the inhumane assassination of the Surrey Petitioners they had some men in Armes a sufficient distance from the Town to secure their Messengers They have by their Letters to your selves and the Houses manifested the clearnesse of their intentions to you all They are known to be men of setled habitations and fortunes for the most part not vagabonds and Souldiers of Fortune like the Army Their commerce with you help you both to trade and feed whereas the Armies insolent march in triumph through your City so far lessened your reputation ever since that you constantly lose in your trading 200000 l. a Week and no Bullion comes into the Mint
of the Army and Houses of Parliament to purchase their compliance and Votes in all matters agitated in the Houses of Parliament by reason whereof all motions for His Majesties return to his Parliament the first step to our desired Peace have been either totally rejected or by them politickly delayed because Peace would determine both their power and profit 7. The Estates of Delinquents the Lands of Bishops Deans and Chapters designed by several Ordinances for discharge of publique Debts are by the Houses and power of the Army shared and divided amongst themselves while the publique debts be unsatisfied the common Souldier unpayed the mained unrelieved the Widdows and Children of the slain unprovided for and all left burdens to the Commonwealth 8. That the Army consisting of mean ignorant and illiterate men only gilt with hypocrisie divine and civil under pretence of tender Consciences the better to induce and tolerate all Heresies have expelled and supprest all learned Orthodox Divines and Church Government and crying Liberty Liberty have subjected our Persons and Estates to arbitrary Law and tyranny and by Rape imbracing the Legislative power cuckolds the body Politick giving Laws to the whole Kingdom and yet by Petitions and Remonstrances make both Houses father as their own the adulterous issue 9. That this Army assuming to themselves the modelling and settlement both of Church and State at Windsor in April last in their Council did consult these 3. Questions First Whether shall we joyn with the Levellers and new model both Church and State Next Whether with the moderate Party Treat and receive the KING with more qualified and limited Power Thirdly Whether Depose the KING Dis-inherit the PRINCE Crown the DUKE of YORK and appoint a Protector The first was held to promise most of liberty and profit but threatned greatest danger in effecting and difficulty in continuing The second was said to be easiest obtained and continued because nighest to the present frame and constitution already setled but would bring them little of profit and less of Soveraignty The third like Benjamin last in birth but first in the Parents affections was held not difficult to be acted but to be maintained for it would require both the expence of much blood and money and the Kingdom to re-act York and Lancaster under the names of Wales and York To this Lieut. Gen. Cromwel answered It was the better for that would necessitate the continuance of our Army which secures our persons will enforce our reasons make just our demands and facilitate their grant For the bloud that will flow from the cheapveins of Common Souldiers whereof England hath plenty and we will not want For the money London is our bank and from their Purses it shall drain to our Coffers Commissary Ireton L. Gen. Cromwel's Son-in-law said The work was half done for we have already Voted no Addresses to be made to the King and Him guilty of crimes enough to Depose Him and by Imprisoning His Person have fitted Him for a private life and by it taught the people that He is subject to the dispose of both Houses of Parliament whole Ordinances are only powerful by our Swords and therefore our Actions shall be legal by their Vote Further the Prince said he is link'd with his Father in crime and therefore cannot be severed in punishment he hath been General in a Western Army warring as his Father against the Parliament a crime that as it rendred the Father fit to be Deposed so doth it the Son unfit to succeed in the Government And that the descent of the Crown purge not him as it did Hen. 7. let us in the Fathers life time Crown the Duke of York now in our power whose tender years have preserved him innocent and presents him fitter for protection and our design and should any blame our severity towards the King and Prince others will commend our clemency towards the Duke of York Upon the result of this Council L. Gen. Cromwel in the House of Commons tels Mr. Speaker That it was time to set on foot our great design and that such as should not concur in Votes with us be not continued of us The motion being mis-timed and divers of his party absent it was only wondred at by Master Knightly and died with the words The Scene now alters from Westminster to Carisbrook-Castle and the King that could not be removed by Votes must now by Poyson the Actor Col. Hammond Major Rolf c. all Members of the Army yet must we by cursed Excise that insensibly devours the poor by insupportable Monthly Taxes that impoverish the rich contrary to Law and our Allegiance contrary to our Protestation and Covenant inforced upon us we must traiterously maintain and pay this Army that traiterously contrive and endeavour the deposal and murder of our Soveraign Lord the King the subversion of our Protestant Church our Fundamental and known Laws We therefore declare to the World that God blessing us we will with hazard of our lives and fortunes disband and dissipate this Army the Suppressors of the pure Protestant Religion the Imprisoners and would be the Murtherers of their Soveraign Lord the King and grand Oppressors of the Common-wealth then free from Imprisonment our said Soveraign and him God-willing restore to his lawfull Government just Rights and Throne in Parliament this done we shall joyfully and readily deposite our justly assumed Arms and on our knees beg what his Majesty hath often most graciously offered and will undoubtedly grant his most Royal and gracious pardon to all his mis-led Subjects will return to their Allegiance and forward to bring the King back to his own house We therefore hereby earnestly desire and request all loyal and wel-affected Subjects as well Members of both Houses of Parliament as others to be herein aiding and assisting to us First by not recruiting the Forces of the Lord Fairfax Next by withdrawing all aid and assistance from his Army by with-holding Excise and Monthly Taxes allotted for their pay and support and to give us with their prayers such assistance as their Allegiance and opportunity shall advise and we trust that the God that judgeth rightly will crown our loyal action with happy successe and our successe with a glorious peace which is heartily prayed for and shall God willing be resolutely fought for by us His Majecties loyal and faithfull Subjects in Colchester A List of the Names of the Members of the House of Commons Observing which are Officers of the Army contrary to the self-denying Ordinance Together with such summes of Money Offices and Lands as they have given to themselves for service done and to be done against the KING and Kingdom Corrected and augmented Note Reader that such as have this mark * comming immediately before their Names are Recruiters illegally elected by colour of the new Seal the power of the Army and voices of the Souldiers and are unduly returned and serve accordingly The first Century 1. WIlliam Lenthall
latter grindeth the needy and poor Yet these are thy Gods O London these are the Idol Calves the People have set up and do worship these be the Molec to whom ye sacrifice Sons and Servants by Troops Regiments and Armies to maintain their soveraignty rebellion and profit And that these and other their actions may never be questioned they His Majesties loyal and obedient subjects will always Imprison their King continue their Army perpetuate their Parliament and intail their Member-ships as the Priesthood on Levi upon confiding Families to furnish them with Votes as Mr. Gilbert Gerrard and his 2 Sons Brampton Guidon and his 2 Sons Sir Robert Harley and his 2 Sons 3 Fines 2 Ashes 4 Stephens 4 Pelhams 4 Herberts 4 Temples it were endlesse to name the Father and the Son Brother and Brother that fils the House they come in couples more than unclean Beasts to the Ark 2 Vanes 2 Puries 2 Chaloners 2 Bacons 2 Pierpoints 2 Bonds 2 Onslowes 2 Lenthals c. And that our Ecclesiasticks may comply with our Temporal Governors the Houses abolish as superstitious because Legal the Convocation of learned Divines regularly summoned by the King 's Writ and duly elected by the Clergy and the House of Commons nominates an assembly of gifted Divines indeed wicked Simons that slander the Godly Onias 2. Mac. 4. to out him of his Priests place so that at this day there is not one Assembly-man but is illegally thrust into anothers Benefice a Catalogue of whose names and Preferments expect shortly and with them a view of the Militia and Common-Council-men of London observing what Places Offices and salaries they have from the Houses of Parliament and then thou wilt know the reasons of their Votes and Actions in the City You see in part what the Grandees have done for themselves Consider after 8 years sitting what they have done for the people when amongst all their Propositions to the King for Peace hardly any one respects the good of the People but their own grandeur and profit They demand a Militia to keep up this Army upon us which is not the Kings to give No King of England ever governed by a standing Army They demand likewise power to raise what Forces for Land and Sea consisting of what Persons they please to presse and to raise what money to maintain them out of all mens Estates to be laid on at their discretion and as partially as they please so that they may favour one Faction and oppresse the other at pleasure for so much the Act for the Militia as it is penned imports and this is more than his Majesty hath power to grant The late Militia of Trained Bands and the Posse Comitatus under Sheriffs being the only legal Militia of England will not serve their turnes It hath always been the Policy of England to trust the Militia and sword in one hand viz. the KINGS and the Purse that should pay them in another viz. the PARLIAMENTS whereby one power might bound and limit the other For to put the Sword and the Purse into one hand is to make that hand absolute Master of our Persons and Estates and so reduced us to absolute slavery under the Arbitrary power of one man without appeal or redresse Awake and look about you good People THE END AN APPENDIX TO The History of Independency BEING A brief description of some few of ARGYLE'S proceedings before and since he joyned in Confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents CICERO Totius injustitia nulla capitalior est quam eorum qui cum maximè fallunt id tamen agunt ut viri boni esse videantur LONDON Printed in the Year 1648. AN APPENDIX TO The History of Independency BEING A brief description of some few of Argyle's proceedings before and since he joyned in confederacy with the Independent Junto in ENGLAND With a Parallel betwixt him and Cromwell AND A Caveat to all his seduced Adherents THe Covenant being at the first taking held to be the true Touchstone whereby the Religious Royal Subjects were discerned from all those who were unwilling to submit to the yoke of Christ in matters of Religion or to the just and lawfull Government of our dread Soveraign his Vicegerent now a subtil generation of men or rather Vipers in both Kingdomes who did take the Covenant and did magnifie it so long as it could serve them for a Ladder to mount to their intended Greatness being now at the top have kick'd away the Ladder and standing as it were on the pinacle look with disdain on all their old friends who out of the integrity of their hearts did for the good of Religion and His Majesties honour joyn in that solemn engagement it being far from their thoughts that their modest and humble desires for the Reformation of some abuses both in Church and State all which His Majesty in the respective Kingdoms did or was willing to cure should have struck so deep as to endeavour the overthrow of all lawfull Governments Civil and Ecclesiastical bringing instead of a promised Reformation in Religion a cursed Toleration of the most damnable Sects Errors and Heresies that ever Hell did send forth and for the Civil State instead of a well-setled Monarchy a most confused tyrannical Anarchy quite contrary to the words and meaning of the Covenant and the honest intentions of all true-hearted Religious and loyall Subjects in the three Kingdoms who did take that solemn Covenant with a purpose to keep it and of very many thousands who did never take the Covenant yet very good Protestants and loyall Subjects being more affrighted with the compulsory way of enforcing it on all than unsatisfied in the matter being introduced in a legal way none of these deserving the name of Malignants or to be so cruelly dealt with either for their persons or Estates as hath been too too common in both Kingdoms but the Covenant it self doth best decypher who are Incendiaries Malignants and evil Instruments viz. those who hinder the reformation of Religion who divide the King from His People or one Kingdom from another or make any Faction or Parties amongst the people contrary to the League and Covenant Yet by our new tenets none must be called Malignants but those that have loyall hearts towards their Soveraign though otherwise never so Religious and all of them with Master Martin would gladly make the Covenant an old Almanack that they might be rid of that tie of preserving His Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with their consciences of their loyalties and that they have no thoughts or intentions to diminish His Majesties just Power and Greatnesse As the History of Independency hath discovered the practices of the Independent Junto so this Appendix will discover their chief Confederate in Scotland
namely the Marquess of Argyle whose dealing with his Kindred Friends and Confederates mentioned in the following discourse will be a warning to all religious Protestants how they trust such an Apostate Covenanter whose ambition and avarice hath ruined the KING Church and State or three flourishing Kingdoms Although it may seem a paradox to many I dare boldly aver that Argile and his Faction in Scotland have been and are the chief Malignants Incendiaries and evil Instruments who have been the Ruiners of these three flourishing Kingdoms and the Authors of the blood shed in all of them as I hope by this following Discourse will be made appear to every impartial and unprejudicate Reader who hath or may have the certain knowledge of every particular when time shall serve This Argile's Father after the Marriage of his English Lady having turned Roman Catholique and this his only Son by his first Lady being carefully educated by the Earl of Morton by whose means he obtained the possession of his Fathers whole Estate for a small Pension and by His Majesties special favour for out-quitting his pretended Title of Justice General of the Kingdom of Scotland did obtain an Heritable Justiciary of Argile Lorn Kintyre and many of the Western Isles which power he did execute with that cruelty that he disgusted all the Islanders and Highlands of Scotland who were never so tyrannized over by any of their Kings till his Fathers death still fearing his return he kept himself somewhat moderate for the engaging for the Covenant or keeping company sometimes with those that were against it but his Father being dead finding himself idolized by those who had taken the managing of all affairs into their hands and that by his power and policy he could prevail with them in any thing to indear himself the more to that party he did seem exceeding zealous for the Covenant and pretending great fears from Ireland which the then Lord Deputy Strafford his Greatnesse and known aversenesse from the Covenant did make the more easily to be beleeved whereas the true cause of his fears was for the loss of Kintyre whereof he cosened his Brother long before his death Isla and divers considerable Isles which were and ought to be the possessions of the Mackdonalds and his indiscreet provoking of Strafford who in revenge of him did use very hardly all the Scots in Ireland who would not renounce the National Covenant of Scotland he dis-arming them did Arm and Train many Irish who after his Head was off shed so much bloud in Ireland and upon pretence of divers of the Mackdonalds Argile's own Tenants for the time were accessary to the Plot fearing his Judiciary power where he was both Judge and Party they were inforced to flie to Ireland till their peace should be made to prevent which he sent their Wives and Children after them took possession of all their moveables and placed other Tenants in their Room but being grieved that Culkettough and his Sons who had goodly Possessions were not gone with the rest he caused cite them before the Council as accessary to an Invasion to be made by Antrum and some of their friends which citation as legal men and not guilty in the least they did obey and after some dayes stay in Edinburgh taking their walk daily before Argile's door they did humbly intreat his Secretary to plead for them that they might have a speedy hearing since they were weary of their attendance which the Secretary acquanting the Lord Argile returned them this Answer That since they had testifyed their obedience by their appearance they might go home and he have themselves civilly not medling with their Rebellious friends as he was pleased to term them and be ready upon any new citation they should be excused for that time they did humbly thank his Lordship and his Secretary for this courtesie and did presently depart from Edinburgh towards their home whereof my Lord by his Spies upon them having notice did immediately convene the Council and whereas in many dayes before during their stay in Town they could not be heard that day they were first Called and upon their not Answering my Lord aggravating their Accusation by their departure occasioned by his own and his Secretaries contriving procures a Warrant to make them prisoners till they should be Tried and to seize upon their Estates which out of his zeal to the Covenant God knows he did carefully perform and made Culkettough and his two Sons Prisoners before they were half way at home which Alexander Macdonald afterwards Sir Alexander Macdonald being fled to Ireland having no valuable possession to look to at home did associate himself with the Irish in the beginning of their Rebellion but so soon as the Scots Army came over he did apply himself to them assuring them that he would do them faithfull service against the Irish Rebels if they would release his old Father and his two Brethren unjustly detained prisoners or bring them to Legal Trial whereof having assurance given him he brought with him two hundred gallant men of his friends and did more execution upon the Irish than half of the Scots Army their horse being not able to follow through Bogs and their Foot not so swift as the Irish and did in one morning bring in six or seven thousand Cowes to the Scots Camp the like booty they did never take at any one time before or since for which good service the General did of new ingage for his Father and Brethrens releasment but when the Committee of Estates had consented Argile did reverse all and frustrate the Generals promise which Alexander Macdonald perceiving said no more but well I will yet cause my faithful service procure my Fathers inlargement and did continue without pay or hope of pay saving a very spare allowance of quarters until Argile sent over and caused him to be discharged of all quarters to the grief of all the Scots Officers who did wel know what faithful service he had done and was able to do them so that meer necessity did inforce him to make his peace with the Irish by whose help he did come over into Scotland meerly to be revenged on Argile and to relieve his Father hoping the Estates of Scotland would not blame him for suing the performance of what their General had promised unto him intending no more til Montrosse out of his desire to be revenged on Argile did enforce Alexander Macdonald to joyn his Majesties Interest as Montrosse pretended with the said Macdonald hoping he would find as indeed he did a great many discontented persons to joyn with them all which or the most considerable were parties and persons wronged oppressed and ruined by Argile as chiefly besides the forementioned Islanders and these Highlands that were under his lash the Atholl men twice or thrice plundered by him Montrosse himself provoked by many wel-known injuries which no Noble heart could endure as the death of Mr. James Stewart who
Antrim should grow strong he procured one Regiment for himself another for his Cozen Lawers a third with the place of L. General for that most ungrate Gentleman the Earl of Lothian who was married to his Neece and one of his Confidents who was once heard say That the 3 Kingdoms would never have peace so long as King CHARLES his Head was on his shoulders and yet it is only King CHARLES his favour that hath made him and his Father exceed the estate of Gentlemen with many other places to divers of their friends intending a ful Conquest of Ireland at least to banish Antrim and the Mackdonalds from thence as he and his Predecessors had done many of them out of Scotland taking a gift from the Parliament of England of some of the Earl of Antrims Lands in Ireland especially the Island of Rachera to the which one of the forementioned Regiments was sent and kept there a long time so that all the three Kingdomes must be at the charge to maintain Armies and Garrisons for enlarging the Dominions of Argile His next project having begun his Confederacy in England by shewing them the wayes to get money by Taxes and Excise 10. and 20. part bringing in of Plate voluntary Contributions borrowing on the Publique Faith tyrannizing over the Persons and Estates of all that durst be so bold as speak against the Illegal Orders and all this Money in both Kingdoms to be employed against His Majestie whom their renewed Covenant did oblige them to defend having good opportunity to traffique betwixt under the pretence of Commissioners for the Kingdom of Scotland the rest for the most part either his Creatures or Confidents so that he ruled all the Council at home and abroad sending Lothian to France to have them brought in a Confederacy abusing his Majesty by procuring His Commission for Treating concerning the keeping and preservation of that ancient League betwixt France and Scotland begun in Charls the Great 's time with Achaius King of Scotland but the effect of the Treaty was to bring money to Argile who at that time when the Kingdom stood in much need of men sold five thousand to the French to be under his Brother from whom he had as formerly the Estate so now the Title of Kintyre and he must be Earl of Irwin all the Interest he had there being by his quondam Tutor now Slave Barcley his being sometime Provost thereof and the Chancellors Brother Lundie sur France and Irwin had bad penny worths although Argile made a good market for the Men like Money trusted in a Jugleâ—s hand were gone with a puff thus you see how much both KING and Kingdome were obliged to him in this particular But to come to the main point of the Conspiracy finding Scotland although he had all the power of the Persons and Estates in his hand not pliable as yet to cast off Monarchy and imbrace Aristocracy of whom as affairs stood none could be the chief Ruler but himself he did imploy the Zealots of the Clergy to asperse those who did oppose him especially some most faithfull and religious Noble men as if they were fallen from their first love turn enemies to the cause of Christ had with Demas imbraced this present world and that Argile was the only man that stood in the gap threatning out of their Pulpits all such as would think or speak evil of him but when the State-juglers with their Clergy-Impostors could neither shake the Loyalty of the one who were really for the Covenant and Monarchical Government nor plaster over the many fraudulent cheats of the Argathelian party now become a most odious and heavy burthen to the Kingdome harased and ruined from the one end to the other by him and his Armies on the one part and Montrosse and his Confederates on the other part Argile of the two being the Kingdoms most cruel Enemy was simulat humiliation having the Church-men still his friends did reconcile himself to the other noble and loyall Patriots by suffering them to take some share of the Government that the by him dis-joynted State might by them be set in a right frame again with a resolution when all things were right to usurp his wonted Authority and follow his old trade of Dethroning His Majesty and cantonizing the Kingdom but things falling out so that one day at Nazeby quelling the KINGS party in England and one day at Philipshaugh almost quieting Scotland finding the Presbyterians in England inclinable to peace and desirous of his Majesties re-establishment according to the Covenant he leaves them and joyns Counsell with Say Perpoint Cromwel and others of the Independent Junto doing them that Masterâ—iece of good service First under colour of Loyalty and friendship to prevail with His Majesty to return to the Scots Army then at Newark Cromwell contributing a Passe to Hudson and Ashburnham with a slack Guard that His Majesty might the more freely escape Secondly after many learned and loyal Speeches for Monarchy the Kingdom of Scotlands interest in the person of the KING and many Vows and Protestations both in private and publick not to abandon His Majesty without his own consent contrary to all which he and his Party did overthrow the Loyalty of That once famous Gentleman Lieuten General David Leslie who had deeply sworn and ingaged himself to His Majesty to convoy him safely into Scotland or then to see His Majesty peaceably setled in his Throne in England forcing him and he perswading and prevailing with the Souldiers to march away leaving his Majesty behind little better than but now an assured Prisoner and the whole power of the Sword in the hands of the Independents and Sectaries to the ruine and overthrow of their Presbyterian friends in the City and Parliament as the History of Independency doth Witness encouraging the Independent Party by their Letters to proceed in their dethroning Votes and accusation of his Majesty assuring them that no party from Scotland shall be able to hinder them in their proceedings but finding the body of the Parliament and the Kingdom of Scotland to be sensible of the ruine of Religion and Monarchical Government if the Sectaries prevaile and their resolution to adhere to their Covenant and re-establishing his Majesty being in fear their party shall not be able any longer to delude the Kingdom or hinder the Army designed to come in for the vindication of the many breaches of the Solemn League and Covenant and the several Treaties betwixt the Kingdoms they have solicited the Armies of Sectaries to come to their assistance some of their Ministers professing in their Letters They have no hope of safety unless it be by means of this rebellious Army now in England thereby endeavouring to make Scotland the seat of War And if these troubles in Wales and cutting Petitions from Essex Kent Surry and Sussex had not hindered them their resolution was to have sent Cromwel thither it being debated before he went to Wales
which of the two he should take in hand but the constant assurance they had from Argile and those accursed Clergy-men that were bribed by Stephen Marshal That there was no fear of danger from Scotland in hast made them hasten to finish the enslaving of England and Wales and then they resolve to conquer Scotland which they conceive may be quickly done having Argile and his Faction so firm to them that although he would neither he nor his Partners dare revolt from them having received so much of their money lest they should reveal more than he desires should be known and as the Independents sent their Emissaries through all Counties and Corporations to get hands to Petitions for thanks to the House for their dethroning Votes so Argile and Marshal's Hirelings have been very active to get hands to Petitions in many Shires Corporations and Provincial Assemblies for hindering the engagement against the rebellious Army of Sectaries and the Independent Junto their Confederates whereas there is no intention against the Parliament or Body of England but to comply with all religious honest hearted and loyal Subjects who desire that His Majesty may be enlarged and brought to a Personal Treatie whereby Peace and Truth may be setled in the three Kingdoms their chief pretences being that Religion is not secured the Religion now established in Scotland was by Act of Parliament His Majesty present so well secured as the most religious Church-men and most skilfull Lawyers could devise if you have got New Lights and desire any other Religion to be established vindicate His Majesties Honour and put up your Petitions to Him in an orderly way and He may possibly vindicate you from the Yoke of Slavery which some of your tyrannizing Clergy desire to put upon you The next is a wonderfull increase of your fears by the great Trusts put upon such persons of whom you have just cause of jealousie to this Kingdom and the Cause of God though you do not speak plain your Pamphletters do and your Pulpit Incendiaries to some purpose you mean Duke Hamilton now General of the Forces des gned by the Kingdom and Parliament of Scotland for vindicating the Honour of the Nation and revenging His Majesties Captivity upon that perfidious rebellious Army of Sectaries and their adherents what he did before the subscribing of the Covenant ought not to be objected his moderation even then deserving the honour and love of his Country and since his subscribing malice it self cannot tax him that he hath done any thing contrary to his Covenant or his Country what Montrosse doth asperse him with that he hindred his intended invasion of Scotland and so consequently His Majesties Service none of those who stand for the Covenant who did think Montrosse an enemy to the Covenant and to his Country ought to object this to my Lord Duke whose tender care of the safety and welfare of his Country may evidently appear even in the relation of one of his most deadly enemies and whereas his good advice for moderation was misconstrued by Argile and his prevailing Faction on the one side as if he had done things contrary to the Covenant and by Montrosse and his Confederates at Court on the other side as if he had connived or been accessary to those violent courses against his Majesty which God knows he was not able at that time to hinder his intentions being still for Peace and such a Peace as might consist with the safety of Religion and His Majesties honour whereof he was very hopeful being confident of His Majesties propensnesse to Peace and the interest he had in His Majesties favour but the watchfull malice of his enemies and the enemies of Peace did cunningly prevent his going about so good a work making him Prisoner without His Majesties knowledg hindring by all means a meeting betwixt them knowing that his Majesties justice and the Dukes innocency would quickly make their calumnies to vanish what a sad imprisonment did he indure much heightned by the then impossibility of clearing his innocency to his Sovereign the losse of whose favour would be more bitter than a thousand deaths and his real intentions for the good of his Country for whose cause he hazarded and suffered so much misery and imprisonment Yet this noble Dukes implacable and malicious enemies do further asperse him as a man of no Religion a meer Polititian and one that seeketh the ruine of his Soveraign by the aspiring to the Crown of Scotland It would trouble the best Politicians and the most Religious upon earth in these distracting and distracted times to distinguish rightly betwixt the duty we owe to Religion and the duty we owe to our Prince supposing them enemies but the falsity of this supposition which hath misled many thousands and been the ground of all our miseries being evident to the Duke who had the honor to be educated and intimate with his Majesty from his youth knowing his Majesty to be a lover and honourer of the true Protestant Religion a lover of justice and mercy and a practiser of all Christian and moral virtues and with a most munificent hand a royal Benefactor to himself and his Family It may be asked if it had been either piety or policy in the Duke to have kick'd off so loving and so liberal a Lord and Master although he had not been his Soveraign or to have ingaged against his Country with any Party that for their own ends more than the good of their Soveraigns were disturbers of all moderate Counsels so long as he had any hopes of Peace especially seeing so many sad presidents in both Kingdoms where many powerfull Subjects lovers of the true Protestant Religion not joyning prudence with their loyalty and innocence have crush'd them under the Load and nothing easeth His Majesties burthen but rather increaseth the same all their wealth and power being now made instrumental to enslave both KING and Kingdoms the Duke's prudence having vindicated him from the ruine intended against him by his enemies and reserved him through Gods blessing to vindicate his Loyalty by re-enthroning his Majesty so soon as God hath enabled him with any power to do it As for his Religion it is known he is neither Popishly affected nor a Sectary but who hath ever been a professor of the true Protestant Religion a lover and Patron of all Godly men and honest Ministers even in the time of Episcopacy when few or none but himself durst appear for them if his judgement had not been overswayed in some Star-Chamber sentences before he had that wisdom and experience which he now hath and long before he did take the Covenant if he had been ambitious of popular applause he had been more renown'd for his Religion than for his Princes royall bounty but wishing rather to be religious than seem so his favours were given in secret to many godly Ministers and his Majesties honour and good chiefly aimed at in the bestowing of them and
that you may take a short view of his proceedings as you have done of Argile's by comparing them you will find who doth deserve the Title of the most Religious Duke Hamilton suffered his worthy Mother to enjoy besides her own Joynture all his Estate whereby indeed he lost nothing she improving it much to his advantage hath helpt his Brother to a great estate with Titles and Places of Honour and profit suitable to his birth and worth his Sisters and now some of his Neices matched in the Noblest and best Families of the Kingdom 1. Whereas Argile did in his Fathers life time bring him to a Pension outed his Brother of his Estate Kintyre and ruined his Sisters by cheating them of their portions and so enforcing them to go to Cloysters The Duke had no quarrel with any save Montrosse the ground you heard for crossing his first intention for the Invasion of Scotland to prevent the misery and bloudshed that he did foresee was like to follow 2. Argile for private quarrels betwixt him and Montrosse Culkettough and the Athol men the Earl of Airely and other hath drawn much misery and bloudshed upon the Kingdom whom he enforced to espouse his quarrels The Duke had no spoyls nor gifts given him since ever he signed the Covenant save the Title of DVKE but hath been spoyled both himself and friends by those that followed Montrosse 3. Argile had enrich'd his Country with the spoyls of the Kingdom and himself with the great treasure bestowed on him both by Scotland and England which is well secured without the reach of an Impeachment The Duke stands firm to his Covenant for the established religion loyal to his Prince for Monarchical Government faithfull to his Country against all forein Invasion 4. Argile hath contrary to his Covenant Duty and Allegiance conspired to extirpate Monarchical Government to introduce forein forces of Sectaries to the utter overthrow of the established Religion The Duke acts nothing but according to the Laws established according to the Covenant and the duty of every good Subject 5. Argile hath overthrown all Laws tyrannizing over the Lives Liberties and Estates of the Subjects Duke Hamilton hath been of that temper to mediate for a wel-grounded Peace his Majesties deliverance and the Personal Treaty being the only probable waies for setling the three Kingdoms and setling the power where it ought to be for the Honour and safety both of King and Subjects 6. Argile opposeth all wayes of the Peace settlement of the three Kingdoms His Majesties deliverance and being brought to a Personal Treaty lest the power should be taken out of his and his Confederates hands whereby they oppress and ruine both King and Subject The Duke hath used and is using all endeavours to Vindicate the oppressed Subjects in both Kingdoms never changing Interests being alwaies faithfull to all those to whom he did profess love and friendship 7. Lastly Argile hath betrayed his old friends the Presbyterian party in both Kingdoms especially the Presbyterians in the Parliament of England and City of London not only suffering them to be made a prey to their enemies but obstructing their relief Let the impartial Reader now judge which of the two is most religious As this opposition betwixt Duke Hamilton and Argile makes them both to appear what they are so this following Parallel betwixt the Argathelian Faction and the Independent Junto will serve for an eye-salve to cure the eye-sight of both Kingdoms and let them see clearly how near they are to the brink of an intolerable and perpetual slavery Argile and his Faction stiled by the Independents the Godly party in Scotland the rest all Malignants 1. The Army of Sectaries in England however formerly Preached and wrote against now called by Argile's faction the hope of their safety The like in England by the Army of Sectaries and Independent Junto above twenty millions shared amongst them whereof the Kingdom can never get accompt all places of Honour and Trust of England still in the hands of those that are engaged for and with the Army of Sectaries 2. The heavy Taxes imposed and continued upon Scotland by Argile and his Faction and all the benefit thereof and most part of the monies got from England shared amongst them and no satisfactory accompt given to the Kingdom thereof Cromwell and the army for the King in their first ingagements but having inslaved the City inforced the Parliament to the dethroning Votes and as not formerly acquainted therewith gave thanks for them and sent their Emissaries to some seduced Counties and Corporations to do the like 3. All places of Honour and trust usurped by Argathelians till of late and the Army modelled to maintnin their Interest 4. Argile formerly yet but seemingly for Monarchy now really against it and all that desire to assert it Cromwell contributes a Passe to His Guides slacking the guards as he did the second time when he frighted him with a Plot from Hampton-Court to the Isle of Wight where he remains close Prisoner 5. That Faction first betrays the King to come to the Scots Army promising protection and then most persidiously delivered Him up to the mercy of His most cruel Enemies The blood shed in England under colour of justice in cold blood calls aloud for vengeance and the persidious breaches of the Army of their promises to King Parliament and Country is too too evident 6. Argile and his Faction have been most cruel to those they call their Enemies especially in cold bloud and perfidious to their friends deserting and betraying them What the insolent Army did comming with Bayes in their hats when they inslaved the Parliament and riding in triumph through the City by whose bounty they were made and maintained an Army will to their perpetual infamy be registred to all posterity 7. Argile when he had done mischief must have both thanks and reward and like a Conquerour march through the Kingdom in triumph a thing never granted amongst the noble Romans to triumph for a Victory in a Civil War The Army and some others by their instigation petition that the Kingdome may be setled without the King and that Army continued to eâ—slave the Kingdom especially the Presbyterian party their Army being for Toleration 8. Argile's Faction petitions That the Army intended for His Majesties inlargement and the relief of our Presbyterian Brethren shall not come in Cromwell was ready to comply but got some other work for the time and if God prevent it not will now speedily be able to obey Argile's desires but if that fail Argile shall have money and send David Lesley to levy Forces abroad to work Argile's ends 9. Argile and his Faction desires but five thousand Horse to assist them to subdue Scotland which must be turned a Province to the Kingdom of the Saints Let this serve for a Caveat to the mis-led and deluded Protestants of the three Kingdomes not to trust the fair promises or pretences of these
seeming Saints who have made the solemn League and Covenant intended for preservation of Religion His Majesties Honour and the just Liberties of the Subject to be the ruine of Religion the dishonour so far as in them lieth of His Majesty and the most absolute enslaving of all free Subjects not to Kings or Princes to Great men or Good men but to the very scum and off-scouring of both Kingdoms it being noâ— small grief to all that truly feared God that so many of the reputed honest Presbyterian party should out of base fear or other by-respects comply so long with these Stare-Juglers the Clergy being most active hastning thereby their own and the Kingdoms misery for they may be well assured if these Saints prevail they must as some of them have done already turn their Coats once more and become the Hirelings and tongue-tied Tenants at will to their Brethren of the Independency or be kicked out of their fat Benefices and possibly out of the Kingdom to prevent new Insurrections against them which they are cunning to procure having the power in their hand to repress all that dare appear against them may be ruined others by their example terrified and their Saints may enjoy the fatness of England but I would ask these violent Clergy-men of the Presbyterian Party that are unwilling His Majesty should be brought speedily to a Personal Treaty what their Assemblies of Divines have been doing for if that Confession of Faith set out in England approved of in Scotland be agreeable to the truth of Gods word as I know nothing to the contrary why should the chief Magistrate our dread Soveraign be any longer debard of his just dues is He worse than Infidel that you will assist those that deny His sacred Majesty that which they allow to Infidel Magistrates blush for shame and repent in time lest as they change their Votes every day according as the tide of their power ebbs and flows so they may soon force you to repeal that Article concerning the chief Magistrate or like the gloss of Orleans put an exposition upon it which destroyeth the text God send us peace and truth and preserve His sacred Majesty and his Posterity and confound the wicked counsels of all such as are enemies to Peace Truth and Monarchy Si quid novistirectius istis Candidus imperti Si non his utere mecum THE END ANARCHIA ANGLICANA OR THE HISTORY OF Independency THE SECOND PART BEING A Continuation of Relations and Observations Historicall and Politique upon this present PARLIAMENT Begun Anno 16. CAROLI PRIMI By THEODORUS VERAX PSAL. 8.8 Virum sanguinum dolosum abominabitur Dominus Printed in the Year M.DC.XL IX THE PROTESTATION AND DECLARATION THe premises considered I do hereby in the name and behalf of my selfe and of all the Free People of England Declare and protest That the Generall Councel of Warre and officers of the Army by their said violent and treasonable force upon the farre major more honest and moderate part of the House of Commons being above 250. and leaving only 50. or 60. Schismaticks of their own engaged party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament have forfeited their Commissions And the remaining Faction in the House of Commons by abetting aiding and concurring with the said Councel of War in the said rebellious Force by setting up new illegal and arbitrary Courts of Judicature to murder King Charles the First our Lawful King and Governour who by his Writ according to the Law summoned and authorized this Parliament to meet sit Principium Caput finis Parliamenti Oaths of Allegiance and Supremacy and Advise with Him and was the Fountain Head and Conclusion or consummatory End of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdom and by Abolishing the House of Peers and the Kingly Office and dis-inheriting the Kings Children and Usurping to themselves the Supreme Authority and Legislative Power of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetuate their said Tyranny and this Army and Govern Arbitrarily by the power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and returne to sect 79 109 110. Stat. of Recognition 1. Iac. Oaths of Allegiance and Supremacy have by the aforesaid ways and means totally subverted this Kingdome and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLS the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made or Coronation solemnized notwithstanding that by his unjust Banishment causâ—d by the interposition of the said traiterous combined Antimonarchical Faction He be eclipsed for the present and not suffered to perform any Acts of Government to his three Kingdoms 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 expect Figs from thistles Grapes from thornes This Kingdom of the Brambles now set up being only able to Scratch and Tear not to Protect and Govern them I farther Declare and Protest That this combined traiterous Faction have forced an Interregnum and a Justitium upon us an utter suspension of all lawful Government Magistracy Lawes 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 wherin 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 Murderers 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 doing but only their own irrational 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 Kingdom of England and Ireland are bound by the Stat. of Recognition 1. Jac. and by all our Lawes and Statutes By their Oathes 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 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
take in them whose miseries we foresee but cannot help When I consider the intricacy of this my undertaking how perplexed it is how intangled with various changings counterchangings revolutions revoltings and betrayings of Parties such are all Civil Wars but especially those where the most uncivil and barbarous sort of men the dregs and lees of the People swim a top how full of divisions and subdivisions insomuch that they who are Friends and hold together in one Interest or Faction are Opposites in another Methinks my labour is as vain as his that attempted to take the Picture of Proteus or his that endeavoured to shape a Garment for the Moon When God brought a confusion but of Lips and Tongues upon Babel what man was able to reduce them into order again But God hath brought upon us a Confusion a Babel not onely of Lips and Tongues but of Heads Hearts Hands c. What Historian can finde a method in so universal a Chaos can draw light out of so palpable a darkness Besides I foresee my reward to be envy hatred malice contempt slanders sequestration beggery imprisonment and at last an Arbitrary death without any legal trial proceedings Jury Judges or Court or any known established Law to judge by Obsequium amicos veritas odium parit I have already followed truth so near at the heels although but a private retainer to her that almost all my teeth are secretly stricken out what dare they not now do openly against me since by murdering our King dis-inheriting his Posterity subverting Monarchical Government abolishing the House of Lords and perverting the House of Commons setting up new Representatives with Supreme and Legislative Power and new Courts and Jurisdictions against all Laws they Proclaim themselves Conquerours of King Parliament and Kingdome Victors of our Religion Laws Liberties and Properties and Triumphers over our Persons Wives Children and Estates since they profess their will and power to be the onely Laws and Rules of their doings and our sufferings But when I consider that as no mans inncency so no mans reservedness can protect him but that some men must dye according to Catilines rule to make up the number others to multiply confiscations others to satisfie private suspicions malice and revenge and they must dye to cement and foment this new erected Tyranny with their blood I thought it as easie and more honourable to dye waking and working for my God my King and Country than to dye sleeping and have my throat cut in a Lethargy I know these Schismaticks thirst as much after blood as they hunger after money and I am sure to be involved in the common and inevitable ruine of my Country why should I not rather perish for it now then with it hereafter It is more manly more noble more Christian Dulce decorum est pro patria mori was the saying of an Heathen why not of a Christian Religion Laws and Liberties lye now at stake why should not I come in for a Gamester It is a mixt cause and he that dyes for it is a Martyr He that fears Death must be a slave to those Tyrants that carry the Sword he that fears Poverty must be a Villain to those Judasses that bear the Purse but hee that fears God will borrow strength from him to contemn them both Thus putting my trust in God I put Pen to Paper and put my life into the scales where God I know holds the ballance he whose providence takes notice of a Sparrow falling from the house-top will watch over me and either protect me against them or receive me from them 2 An Introductory Repetition See my 1 Part of the History of Independency sect 7 8 9 10 11 13 14. Cromwel and Ireton by advice of their thriving Junto of Independents in the two Houses having mutinied the Army against their Masters the Parliament found that crime could not be defended but by committing greater wherefore they seized the Kings person at Holdenby to gain Authority with the People that they might the better subdue the Parliament to their lusts for the better expediting whereof Sect. 18 119. they courted the City of London to sit Neuters and let them work their wills with the Parliament which Myne not taking fire they united the schismatical party of the City and Country to them and all such as being guilty of publick cheats and spâ—â—ls desired the protection of the Sword to make good their rapines and accounted all men else as Enemies applying themselves to wooe and cajole the People easily wrought upon as being weary of the War and of the mis-government Factions confusions and oppressions of their new Masters the Parliament which indeed were very great but aggravated by them and their Agitators beyond the truth and the whole weight of them charged upon the more moderate and innocent party onely because they were their Opposites whereas had they set the saddle upon the right horse as sure as Judas bore the Bag the Independents must have rid before the Cloakbag they being the Publicans and Sinners that handled most publick treasure The Layers on Exactors Treasurers c. of Taxes the far more numerous and busie party in all Mony-Committees and gainful imployments Engrossers of all great Offices and the greatest sharers of publick money amongst themselves for Compensations for Losses and Rewards for Services pretended and consequently that Faction were the greatest Dilapidators of the Commonwealth Oppressors of the People and Authors of confusion though according to custome by an impudent fallacy called Translatio criminis the Independent Faction lay their Bastards at other mens doors making a shew to redress those faults in other men which themselves are chiefly guilty of wherefore the better to ingratiate themselves with King and People they printed and published Ingagements Declarations Remonstrances Manifestoes Proposals and Petitions of their own penning and sent them by their Agitators and sectary Priests into all Counties for concurrence and Subscriptions the better to steal the respects of the People from the Parliament to themselves like Absolom they flattered the People to make Addresses and Complaints against publick Grievances to them onely Boasting themselves for the sole Arbitrators of Peace Restorers of Laws Liberty and Property Setlers of Religion Maintainers of the Privileges of Parliament Reformers and Callers to Account of all Committees Sequestrators Treasurers c. Deliverers of the People from that intolerable Excise and other Taxes But above all Preservers of all just Interests and Restorers of the King to his just Rights and Prerogatives with honour freedome and safety to his Person originally their own words Book of Declarations of the Army pag. 112. Represent of the Army at S. Albons June 23. 1647. B Decl. again p 64. Sir Tho. Fairfaxs Letter to the Houses from Reading July 6. 1647. B. Decl. again p. 75. Proposals of the Army Aug. 1. 1647. Putney Projects p. 13 14 43. and my Animadversions upon the Armies
Remonstrance delivered to the Commons Novemb. 20. 1648. The second part of Englands New Chains and the Hunting the Foxes from New-Market and Triplo heath to White-hall by five small Beagles p. 6 7. See my Animadversions upon the Army Remonstrance Nov. 20. 1648. and Putney Projects p. 43. and Major Huntingtons Relation in a Book called A Plea for King and Kingdome in Answer to the Army Remonst presented Novemb. 20. 1648. pag. 14 15 16. and Second part of Englands New Chaines and the said Hunting of the Foxes c And the Reasons inducing Major Robert Huntington to lay down his Commission though since they Quarrel with Parliament and City for using them and Reducers of his Queen and Children without which they openly profess and declare positively in many printed Papers to the world and the Parliament There can be no setled peace nor happiness to this Nation The truth of this Assertion was obvious to the meanest Capacities and will suddenly be proved by dear and lamentable experience To all these undertakings they now hunt directly counter yet in pursuance of these undertakings the Army by their own Authority made Addresses to his Majesty and presented to him more tolerable Proposals than any he could obtain from his Parliament They treated with him yea they wrought upon him under-hand to neglect the Propositions from Parliament tendered to him at Hampton-Court and to prefer the Proposals of the Army and then presuming they had him fast lymed they propounded to him anew as I have it from good hands private Proposals from the Interest of the Independent Grandees and the Army derogatory to the Kingly Power and Dignity to the Lawes Liberties and Properties of the Subject and destructive to Religion To which his Majesty giving an utter denial they began to entertain new Designs against the Kings Person and Kingly Government which they ushered in by setting the Schismatical and Levelling Party on work in City and most Counties to obtrude upon the Houses clamourous Petitions against further Treaties and demanding exemplary Justice against the King exceedingly laboured by Cromwel himself in Yorkeshire both amongst the Gentry and Souldiers c. amongst these the Petition Dâ—cemb 11. 1648. was the most eminent these men that insolently petitioned against the fundamental Government of the Land and peace by Accommodation were entertained with Thanks Others that petitioned for Peace by Accommodation were entertained with Frowns disfranchisings sequestrations wounds and death as the Surrey Gentlemen this shewed with how little reality the over-ruling party in the Houses Treated with the King 2. part of Englands Chains discovered 1. â—reaty in the Isle of Wight In order to this Designe of laying aside the King and subverting Monarchy They 1. frighted his Majesty into the Isle of Wight 2. The Parliament that is the predominant Party pursued him thither with offer of a Treaty upon Propositions conditionally that before he should be admitted to Treat he pass 4. Dethroning Bils of so high a nature that he had enslaved the People subverted Parliaments and had made himself but the Statue of a King and no good Christian had he by his Royal assent passed them into Acts of Parliament 1. par Hist Inâ— sect 62 63 64. and the Parliamâ—nt or rather the Grandees after his Royal assent might have made themselves Masters of all the other Propositions without his Consent so that this Treaty was but a flourish to dazle the eyes of the world His Majesty therefore denied the 4. said Bils and thereby preserved the legal Interests of King Parliament and People yet the Faction presently took a pretence and occasion thereupon to lay aside the King Ibidem sect 65 66 67 68 69 70 71. 72 74. 75. And my said Animadvers p. 10. And the 2 part of Englands new Ch. by passing 4. Votes for no more Addresses to him and a Declaration against him which were not passed without many threats and more shew of force than stood with the nature of a Free Parliament the Army lying near the Town to back their Party the design having been laid before-hand between Sir Henry Vane Junior Sir John Evelyn of Wilts Nath. Fiennes Solicitor Saint Johns and a select Committee of the Army I told you before the People had been throughly instructed formerly by the Army and their Agitators That there could be no peace nor happiness in England 2 part of Englands new Ch. discovered p. 4 5. without restoring the King to his just Rights and Prerogatives c. notwithstanding which the people now found their hopes that way deluded by the Army and their Party who had cast off the King upon private discontents the true grounds whereof did not appear and had obstructed all way s to Peace and Accommodation and made them dangerous and destructive to such as travelled peaceably in them witness the sad example of the Surrey-men Kent Essex and all to perpetuate their great Places of power and profit The minds of the people therefore troubled with apprehension that our old Lawes and laudable form of Government should be subverted and new obtruded by the power of the Sword suitable to the power and lust of these ambitious covetous men and finding besides evident symptomes of a new War approaching to consume that small Remainder which the last Wars had left grew so impotient of what they feared for the future and felt at present insupportable Taxes Free-quarter insolency of Souldiers Martial Law Arbitrary Government by Committees and by Ordinances of Parliament changed and executed at the will and pleasure of ths Grandees instead of our setled and well approved Laws that despair thrust them headlong into Arms in Wales Kent Essex Pontefract c. and at the same time a cloud arising in Ireland a storm powred in from Scotland and the Prince threatning a tempest from Sea these concurrences looked so black upon the Independent Grandees that they gave way to a second mock-Treaty in the Isle of Wight 2. Treaty in the Isle of Wight which was the fruit of their cowardise and subtilty as appeares by Sergeant Nicholas a Creature of theirs who upon Saturday Octob. 28. 1648. moved in the House That the Lord Goring might be proceeded against as a new Delinquent out of mercy because he had Cudgelled them into a Treaty though now they attribute all to the Kings corrupt Party in the two Houses the Army likewise kept a mock-Fast or day of Humiliation at Windsor to acknowledge their sins and implore Gods mercy for their former disobedience to the Parliament in not Disbanding and their insolent Rebellion in Marching up in a Hostile and Triumphant posture against the Parliament and City August 6. 1647. promising more obedience hereafter and to acquiesce in the judgment of the Parliament and Declared Decl. Jun. 14. 1647. That it was proper for them to act in their own sphere as Souldiers and leave State affairs to the Parliament but this was done but to recover
the good opinion of the people and City and to keep them from stirring and to stay the moderate Party of the two Houses from Declaring the Army Enemies recalling and Voting their Commissions and established Pay void which they might have done with ruine to the Army and their Party in that Conjuncture of Affairs and with safety to themselves and applause of all honest men of England that had taken part with the Parliament from the beginning had not some Grandees of the rigid Presbyterian party both within and without the Houses some cursed thing some Achans wedge in their bosomes which suggested Their sins were greater than could be forgiven and therefore they durst not cast down the partition-wall between them and the King this Army though it lean so hard upon them it is ready to overwhelm them War is necessary for some men of every Faction whose crying sins peace will lay open and naked to the scorn derision and detestation of the world How well these sanctimonious Sword-players of the Army have observed the Duties and Undertakings of their said Humiliation let the world judge Have they not returned again with the Dog to the Vomit have they not cozened God and their own Soules Sure they fasted from sin then that they might sin with the more greedy appetite now and asked God forgiveness of the old score that they might sin again upon a new score Thus you see the two Treaties in the Isle of Wight were begotten by fear and that Idol of the Independents to which they offer up all their knaveries necessity They were Cockatrice Eggs laid by their Grandees when they had been Crow-trodden by Armies from abroad and Tumults at home See my 1. part sect 65 66 105 106 107 and the Conclusions there Sect. 16 17 18. upon which they sâ—te abrood onely to hatch Scandals and new quarrels against the King Anarchy and confusion to the State and Tyranny and oppression of the People to set up the Olygarchy of the Saints or Councel of State the Kingdom of the Brambles which since doth scratch the wool from off the skin the skin from off the flesh and the flesh from off the bones I have been compelled to use some introductory Repetitions in this part of my discourse that I may give you the whole mystery of the 2. Treaties with the King in the Isle of Wight with the causes efficient and final of them under one view lest some one link of the Chain escaping your observation it become a Chain of errors to you My first part of the History of Independency ends with that which was but an unlucky preface to a Treaty with the King 3. Hamilton overthrowne See my 1. part sect 136. namely Cromwel's menacing Letters to the Speaker of the House of Commons dated August 20. 1648. Relating his easie purchase of a great Victory over Duke Hamilton and Lieut. Gen. Bayly wherein he relates the number of the Scotish Forces farre differing from the former Report of Lieut. Col. Osborne a Scottish Gentleman made in the House of Commons July 20. Sect. 110 111. whereof I have spoken in my first part who to take away the terror of them estimated Hamiltons and Langdales conjoyned forces to be but 10000. and it was then thought a note of disaffection to report them any more but this Letter for the greater glory of his sanctified Army multiplies them to be 21000. The manner of the Fight was very strange and Exceedingly to be suspected especially by any man who hath heard or read of Bayly's former demeanour in his own Country at Kylsythe and Auforte Kirke It was little better than a beating up of Quatters for 20. miles together for so far the Scots Army lay scattered in their Quarters the Horse so farre distant from their Foot they could bring them no seasonable reliefe Sir Marmaduke Langdale with his small Party drew forth and made an honourable resistance had he been timely and strongly seconded on the Scotish Party the Fight began at Preston in Lancashire where the Duke being worsted retreated to Wigon from thence to Warrington thorow Lanes and Fastnesses where Bayly Lieut. General of the Scotish Foot being strongly quartered upon a Bridg and Passe yeilded up 6000. Foot and Armes without fighting and so ruined his whole Infantry from Warrington the Duke fled with 4000. Horse to Namptwich from thence to Vtoxeter where his manner of yeilding himselfe to Colonel Wayte a Member of the House of Commons take out of Waytes owne report in the House who said the Duke yeilded simply and without any Articles of Surrender that he voluntarily gave him his Sword Scarfe Signet of Armes and his George that he hung upon him so that he could not get from him desiring him to secure him from the rage of the Souldiers saying He had not come into England but that he was invited by a greater part of Lords Commons Citizens and Covenanters then called in the last Scotish Army presently the Bloud-hounds of the Faction in the House sented this and called upon Wayte to know whether he named any Wayte Answered that Hamilton was â— sâ—btilâ— politique Lord and no doubt for the saving of his owne life would do that in more convenient time Hereupon a Committee all of Canibal Saints was presently packed and ordered to go downe and examine the Duke but no particulars could they get from him which was an honourable silence and made amends for his former lavish speech It was happy the Prince did not trust himself in the Head of this Army Had Hamilton marched immediately to Colchester or but to Pontâ—fract which he might easily have done Lambert his onely Opposite still retreating before him the whole Country had risen with him But he knew the Presbyterian party had rendred themselves contemptible and he as much contemned the Independents therefore he foreslowed his march willing Cromwell and Fairfax should subdue all other Parties and that he onely might have Armes in his hands to bring in the King upon his own tearmes this over-confidence undid him He was too much a States-man and too little a Souldier 4. The insolency of the schismaticall Members upon report of the Victory This Victory did worke like Botled-Ale with Scot Thomson Cornelius Holland Sir Henry Mildmay and many others of the light headed Saints who were so puffed up with the windinesse of it that they began to swell with disdaine and malice against the Personal Treaty and to threaten and insult over all that had either Petitioned for it from abroad or spoke for it in the House as the only meanes of peace and a settlement 5. The wiser sort subtilly continue a mock-Treaty But the wiser sort more crafty to doe mischiefe knowing that the people were weary of Taxes and the Army and had no hopes of peace but by a Personal Treaty and were resolved to purchase peace although at the price of a new VVarre that Colchester Pontefract Scarborough and
quandarumque poenes Rempublicam non unum aliquem Magistratum esse debet potestas nulla enim in re gravius peccatum admittitur nusquam graviores turbae minantur quà m hisce de rebus That is the best forme of Government where the King can doe most good and least evill 1. Let Him be disabled to raise new Taxes and lay on new Tribute 2. Let Him not have the sole power to make or repeale Lawes which ought to belong to the Common-wealth not any one Magistrate for no power is more hurtfull to the people nor stirres more Commotions then these two such is the Kingdome of England the King hath neither the power of our Purses nor the changing of our Lawes in His hands and if he give away his Sword he will be such a King of clouts as can do neither good nor evill like Rex Sacrificulis at Rome ea summa potestas dicitur quâ secundum Leges non est major neque par such was the Dictator at Rome he had no equall there Papyp cursor dictator adjudged to death his Generall of the Horse Fabius for fighting against his command though prosperously and rejected all appeale to the Senate and Tribunes of the People yeilding at last onely to their prayers with this saying Vicit tandem imperii majestas such is the King of England the Common-wealth cannot compell him to grant a Pardon or dispense justice or mercy as they please the Oath of Supremacy calls Him Supreame Governour in all Causes over all Persons so doe all our Statutes to whom in Parliament which is his highest sphere of majestie is the last appeale by Writ of Error who is Principium caput finis Parliamenti the beginning head and end of the Parliament and therefore he onely calls the Parliament to advise with him and dissolves it when he is satisfied He makes Warre and Peaee See the 1. part of this History Prolegomena 1. and is Protector of the Lawes and of all just interests onely the policy of the Law disables him to make repeale or alter Lawes or raise Monies without consent of both Houses by Bill passed which is but an Embrio until he quickens it by his Royal Assent because this way the King may doe most hurt and wrong to his people as I have already said it being the wisdome of our Lawes to keep the Sword in one hand and the purse in another The 1. 15. The 1. Proposition for jâ—stifying the Parliaments and condemning His owne quarrell proemial Proposition for justifying the Parliaments Cause and Quarrell and condemning his owne Cause and Party was a bitter pill but an earnest desire of peace sweetned it and guilded it over and invited him to swallow it without chawing or ruminating upon it but how devilish unchristian and illegal a use the Faction hath made of this extorted confession let God judge Their insisting upon it that the King should take the Covenant 16. The Covenant endeavoured to be put upon the King was an errour in Policy whereof the rigid Presbyterians are guilty they supposing the King would take it at last stood upon it and intended thereby to joyne the King to their Interest and Party The more subtile Independent knew the King would not nor could not take it and therefore complyed with the Presbyterians in obtruding it upon him to break off the Treaty many things in the Covenant were vaine in the Person of His Majesty as that He should swear to maintain his owne Person c. which the Law of nature binds him to without an Oath which in this case is idle and a prophaning of Gods name some things in the Oath were contradictory to what the Parliaments Propositions desired of him as to maintain His own Authority in defence of Religion Lawes and Liberties which was impossible for Him to doe unlesse he kept the Militia in his owne hands and his Negative Voice also which that clause in the Bill of Militia That all Bills for leavying Forces should have the power of Acts of Parliament without the Royall Assent c. would have deprived him of by making their Ordinances Acts of Parliament in effect binding to the Persons and Estates of the People in an Arbitrary way to their utter enslaving To sweare to Abolish Bishops c. was against his Coronation-Oath To sware to extirpate Heresies Schismes c is more then the Independents would permit To sweare to maintaine the Vnion between the two Nations which the Parliament declare already to be broken by the Scots Invasion is vaine besides how unjust a thing was it to impose that Oath upon the King when most Members of the Parliament Army and others are left at large not to take it The Parliaments Demands That the King should declare against the Marquesse of Ormonds proceedings to unite all the Interests of Ireland for the service of his Majesty was no part of the Propositions upon which the Treaty was begun but a subsequent request upon an emergent occasion and therefore I see no reason why the King should have given any answer to it but onely have held himselfe to the original Propositions yet he did Answer That the whole businesse of Ireland was included in the Treaty and therefore a happy Agreement thereupon would set an end to all differences there which being voted unsatisfactory and moved that a new Declaration might be published against him the King was inforced to put a stand to the Marquesses proceedings by his Letter to his great prejudice yet these Declarers against him do now comply with Owen Roe Oneale and have entertained O Realy the Popes Irish-Vicar-general in England to negotiate for the Irish massacring Rebels with the Parliament These things considered prove what I finde in our late King Charles the 1. most excellent Book Chap. 18. That it is a Maxime to those that are Enemies of peace to ask something which in Reason and Honour must be denied that they might have some colour to refuse all the rest that is granted More observations upon this unlucky Treaty I will not trouble my Reader with these being enough to shew the vanity of those Propositions by these he may take a scantling of the rest ex pede Herculem I cannot but blame the indiscretion if not the indisposition of those Commissioners who cavilled away so much time in the Treaty 17. Jones complaines by Letters that Ireland was like to be lost until Cromwell had done his work in the North and marched up to Towne to make the Treaty ineffectuall About the latter end of Octob. 1648. Col. Jones sent whining Letters from Dublin to the Steersmen at Derby-house complaining that all Ireland was like to unite and prosecute the Kings Interest and therefore he cried for help but neither the said Committee in their consultations nor the Army in execution of what was resolved could agree amongst themselves the Engrossers and Monopolizers of Oligarchy into a few hands desiring to make themselves
lesse I think to hurt his Person the Lawes are the Kings Lawes Courts the Kings Courts Judges his Judges Great Seale his Seale Writs the Kings Writs the Justice and Peace of the Land are his consequently the Warrs his Warrs he is the fountain of all Authority as well as of all Honour * 1 Pet. â— 13 Hâ—â—e the King is called Supâ—eâ—e not the People and thoâ—gh said to be an ordinance of man in some respects yet St. Paul Râ—m 13. saith He is ordain'd of God 2. Governours are distinguished the King is supreme and Governors are sent by him and his Commission Besides it appears Gen. 3.16 and 4.7 God gave not to all men that freedom which is supposed the foundation of supremacie in the people He made them not Masters of their own liberty for even then he laid the foundations of obedience in Abel to Cain Eve to Adam If a people chuse a King it is the act of every particular man of whom the Commonalty consists and each individual nor the whole Commonaâ—ty can give him more power then himself hath But no man hath power over his own life neither arbitrarily nor judicially but onâ—y over his liberty which he may so give away as to make himselfe a subject or a slave this makes him so chosen a Ruler or Protector of them who have parted with their liberty and subjected to him and then God who only hath power of life and death invests the King with power to be the Minister of God to execâ—te vengeance not bearing the Sword in vain Rom. 13. See Dr. Hammonds Letter to the L. Fairfax Jan. 5. 1648. Thou shalt not speak ill of the Governour of the People therefore not accuse him The King hath no Superiour nor equal in England contrary to that false distinction of the Observator that he is Major singulis minor universis When David would have gone forth to Battel his Army disswaded it using these reasons If we flee they will not care for us nâ—ither if halfe of us die will they care for us But thou art worth ten thousand of us Here you see the King is reckoned major universis more than all his Army and yet that Army was at that time in effect all the well-affected of the Land and therefore by the Anarchical Principle aforesaid the only People of the Laâ—d for further proof hereof I appeal to all our Laws and Statutes how will they Try him Who shall Judge him who are his Peers that he may be Legally Tryed like a Freeborn man for sure they cannot deny him that right according to Magna Charta per legale judicium parium suorum It is a grounded Maxime in our Lawes The King can do no wrong wherefore then will they Try him for doing no wrong The policy and civility therefore of our Lawes and of our Parliament too in all their Declarations Remonstrances so long as they continued in any state or degree of innocency always accused his Evil Counsellours and Ministers and freed Himself lest they gave advantages to ambitious men Absalom-like to scandalize and dishonour him and render him low and vile in the eyes of the People to the disturbance of the peace of the King and Kingdoms and shaking of the Royal Throne which is alwayes accompanied with an earth-quake of the whole Land Saint Peter bids us Submit to every ordinance of man for the Lords sake whether it be to the King as supreme or unto Governours as those that are sent by him As free and not using your liberty for a cloake of malitiousnesse but Feare God Honour the King But these rebellious Saints abusing Christian liberty for a cloake of malitiousnesse will according to their 4th Antimonarchical Principle make the giddy ignorant tumultuous many-headed multitude Judges of their King and make the confused Rabble his Superiours thereby setting up two Superiours one contradictory to the other and so turn the Kingly Government into a popular Military Government abolish our Lawes and leave all to the power of the Sword in an Arbitrary way to carry on their designe to which purpose they have lately caused their Journey-men the present House of Commons to Vote contrary to our knowne Lawes That the Supreme Authority of this Nation is in the People of England and therefore in themselves as their Representative This is a 6. Anarchical Principle of the Army and their Party who wanting reason to prove it assert it by the Authority of their Mock-Parliament and must now make it good by the Sword to justifie their proceedings against the King and People These popular principles are meer empty notions whereby the Grandees draw the Supreme Authority thorow the People to themselves the better to enslave them for the liberty of the Commons doth not consist in a licentiousnesse to interrupt the Government of their Superiours and change the Government according to their fancies but the liberty of the People consists in the enjoying the fruits of their labours their goods possessions estates and their personal liberty according to the knowne Lawes of the Land When Harry Martyn in Barkshire forbade the People to stand bare at the Sessions and doe homage and fealty to their Lords he gulled them and gave them that which was not their due to rob them of that which was their due their Horses Goods Money plundred from them for service of the State forsooth and beat them that defended their owne so that while he flattered them to be the Supreme Authority and Lords Paramount and the Parliament to be their Servants he used them like Slaves conquered by the Parliament Besides it is not all the People nor the thousandth part of them but a few covetous ambitious men that desire to bring the King to capital punishment and subvert our fundamental Government and Lawes that have usurped the power of the Kingdome into the hands of their Faction and now require this to keep themselves from being called to account The second Demand tends to disinherit his Posterity viz. That the Prince and Duke of Yorke come in by a day appointed and acquit themselves of their capitall Delinquency or else to be Declared incapable of Government and to die without mercy if afterwards found in the Kingdome thâ—s Summons is but to insinuate their guilt if they refuse to appeare as reason tells us they must and will This is to shut the door after Monarchy and keep it out for ever in farther pursuance they demand the Revenue of the Crowne to continue still in Hucksters hands to pay publique Debts and repaire the Losses of the People that is themselves The second sort of Propositions are for setling of the Kingdome upon their owne Grounds and Interest That a certaine period be set to this Parliament by which time the Supreme trust in them may returne unto the People that is still to themselves and their Faction the new erected Committee of State the hogen mogens at White-hall Thus you see having removed
out of the way the King the first and most visible legall Authority they will now put downe the Parliament the second visible Authority of England who are now the onely Bulwarke against the Tyranny of the Sword and then as Major White said at Putney long since there will be no visible Authority left in England but the power of the Sword which will introduce a new Parliament or rather fantastical new invented Representative destructive to Parliaments all of their owne Creatures as appeares by their next Proposition concerning succession of Parliaments 2. That nâ—ne shall be capable of Electing This is so explained by the Moderate one of the raling Pen-men of the Faction who hath a large share in the 500. or 600. a year allowed to these Pamphletires for divulging State-lies and slanders amongst the People who from Novemb. 14. to Novemb. 21. 1648. Number 19. defineth the People of England to be onely such as have not engaged for the King and such as shall sign to the Agreement of the People which is to be above Law and all the rest are to be Disfranchised or being Elected that have engaged against the publique Interest that is the Interest of them and their Party as appeares by their 5. Anarchical Principles in the beginning of this Paragraph nor any that oppose this Agreement By what Authority but the arbitrary sway of the Sword shall Freemen be Disfranchised and lose their Birth-rights for not changing the fundamentals of Parliaments Government and Law and yeilding them up to the lusts of an Army of Rebels that bragge they have Conquered the Kingdome and we are their Slaves 3. That Elections may be so distributed as to render the House of Commons a Representative of the whole People that is tagge and ragge and Canting Beggers who have nothing to give or lose as well as Free-holders so farewel Writs of Summons and all orderly legal formes if all men without any distinction may Elect and be Elected all will fall into confusion the Rabble will never agree all things will tend to Riots and Tumults so that the better and soberer fort will and must forbeare and leave all in the hands of the Rascallity and at last no Representative will be chosen or such an one as the People will be ashamed to owne and will desert them and leave them to be ordered at the pleasure of the Army 4. Prop. That our Kings hereafter may be Elective and disclaime a Negative Voice how frequent Civil Warres are in all Elective Kingdomes during the interregnum or space between the death of the old and choice of the new King how obnoxious to the Souldiery let the old Emperours of Rome those later of Germany the Kingdome of Poland and heretofore Bohemia and Hungary tell all Histories are full of examples yet if our elective Kings shall have neither the Militia nor a Negative Voice in Councels and the Crowne Revenues be otherwise disposed of as is inferred and their Heads exposed to the humours of the People or their Representative the Office will be so unworthy of any wise man that I do by these presents freely give my voice to the Lord Fairfax and so unfit for any honest Gentleman that I do hereby give my voice to Cromwell the perfidious Brewer catch who catch can let them agree amongst themselves I care not which of the two shall be set up for the new States Scar-Crow This Remonstrance was about a Week after seconded with a most insolent threatning Declaration composed altogether to terror it was occasioned as followeth About the latter end of November the Parliament was informed the Army was upon their march to London whereupon not without great opposition by the Armies Party in the House and with great caution it should be mannerly phrased for feare of angring his insolency a Letter was Voted to be sent the Generall forbidding his neerer approach In contempt whereof the Army immediatly printed the said Declaration accusing the Parliament of Breach of Trust Lightnesse Inconstancy Indiscretion saying They would appeale from them to the People that is still themselves you see they hold one and the same Rod over King and Parliament and threatning to advance presently to Westminster to doe what God should enable them unto The same night they came to Hyde-Parke-corner and kept Guards there Hereupon it was put to the Question That the Armies approach was prejudiciall to the freedome of Parliament but through the cowardice of some whose hearts now began to melt and the impudent restlesse bawling of those cheating Saints that comply with the Army to keep themselves from giving Accounts it passed in the Negative 19. The Kings Concessions debated and young S. Hen Vanes insolency Decemb. 2. The Kings Answer was debated and as a prologue to it young Sir Henry Vane a Whelpe of the Old Curre spake thus Mr. Speaker By this Debate we shall know who are our Friends and who are our Foes or to speak more plainly We shall discover who are the Kings Party in the House and who the Peoples To which was Answered That since this Gentlemen were so bold to deale thus by way of prevention in a threatning manner and had fore-judged and divided the House into two parts I hope it is as lawfull for me who am no Grandee nor no Gainer by our troubles to put you in minde of another Division of the House Sir you will find some desirous of peace and they are Losers by the Warre Others are against peace and those are Gainers by the Warre My humble motion is that the Gainers may contribute to the Losers that we may all stand upon equall feete for till then the Ballance of the Common-wealth will never stand right towards a settlement True jests bite sore He and his Syre oppose peace lest the Kings Revenue being restored they should lose a good Trade there the old Dogge is Chair-man of that Committee the young one is a principal Publican and Treasurer they get constantly above 6000 l. per annum between them besides private cheats by paying half Debts and taking Acquittances for the whole and then discounting for the whole buying in old sleeping Pensions for trifles that have not been payed in many yeares and paying themselves all Arreares Cornelius Holland is Servant to them both and hath gotten as much wealth as makes him sawcy enough to hire William Lilly and other Pamphletiers to derive his Pedigree from John Holland Duke of Exeter although it be knowne he was originally a Link-boy but he is now one of the New Lights an illuminated Brother Master Pryn moved the debate of the Kings Answer might be laid aside until it was a free Parliament not environed by the Army but said Mr. Rich. Norton Take heed what you say against the Army for they are resolved to have a free Parliament to Debate the Kings Answer if we refuse This day the General took possession of White-Hall for his Quarters 20. The Generall
Garriâ—ons White-hall and the Mewes upon hâ—s owne head as if he meant to keep out the King in defiance of the Treaty he brought to Towne with him foure Foot Regiments and six Regiments of Horse part whereof quartered at White-Hall the rest in Yorke House and other great Houses the Horse turned the Reformado Horse Guards that attended the Houses and lodged in the Mewes by their order out of their Quarters without applying themselves to the Houses Upon Monday Decemb. 4. 21. Tâ—e House inform'd that the King was surprized by the Army and caâ—â—ied Prisoner to Harst Castle News came to the House that by severall Orders from the Generall His Majesty was seized in His Bed-chamber and hurried away Prisoner to Hurst Castle a Block-house out of the Isle of Wight standing about a mile and a half in the Sea upon a Beache full of mud and stinking oaze upon low tydes having no fresh-water within two or three miles of it bitter cold and of a foggy and pestilent ayre so noysome that the Guards thereof are not able to endure it long without shifting their Quarter This was a torment beyond Pistoll and Poyson many spake against the insolency of this fact as being committed against the life of the King and against the honour and publique faith of the Parliament who had Voted He should Treat in Honour Freedome and Safety in Newport in the Isle of Wight and had accepted His Royall Word not to withdraw out of the Island during the Treaty nor in 20. daies after which were not yet expired and now to have the Houses debates and results fore-stalled and the Treaty made frustrate by such an act of violence and prevention committed upon the Person of the King was a presumtuous and rebellious act It was moved therefore that it might be Declared That his Majesty was removed out of the Isle of Wight by his Excellencies Warrant without the consent or privity of the House But those Members that Idolize that Bell and the Dragon the Army and are but Priests fatting themselves upon the Sacrifices of that Image insisted upon it to have two words amended in the Question 1. The word Declare would be construed to be a Declaring against the General and Army 2. The word Consent to be left out lest it argued a disagreement in opinion and practice between the Army and the House as if the Houses dissented from it And certainly those Gentlemen that stood upon these niceties could not say it was done with their consent for it was hatched in the Junto so it was barely voted To be done without privity of the House neverthelesse 22. The Dâ—bate upon thâ— Kingâ— Answers resumed The same day they resolved to resume their last Saturdaies debate upon the Kings Answers to the Propositions of both Houses The first Question debated was Whether they were satisfactory or no The Army Party argued They were not satisfactory because the King had not granted all their Propositions in Terminis To this was Answered That these Propositions were not sent to his Majestie as Bills to be passed in Terminis without debate but as Propositions to be Personally Treated upon as the Votes of both Houses and the Instructions of their Gommissioners prove now it is against the nature of all Treaties Personall to tie up the Parties of either side so precisely that they shall have no liberty to vary in any circumstance or particular so that if all be not precisely granted the Condescentions shall not be satisfactory though all just things are yeilded to as appeares by all Treaties between Nation and Nation where their first demands are never fully granted but alwaies qualified and limited if not diminished the rule being Iniquum pitas ut justum feras so in all Treaties between Enemies Party and Party see Mr. Pryn's said Speech Decemb. 4. 1648. where to avoid cavils he waves this equivocall Question and propounds the Question anew in these termes Whether the Kings finall Answers to the Propositions of both Houses in this Treaty considered altogether be not so full and satisfactory in themselves that this House may and ought accept of and proceed upon them for the speedy setlement of a safe and wel-grounded Peace both in Church and Common-wealth rather than reject them as unsatisfactory and so hazard the losse of all and the perpetuating of our Wars and miseries This he held in the Affirmative with so many strong and solid Reasons Arguments and Presidents both out of Divinity Law History and policy and with so cleare a confutation of the opposite Arguments that no man took up the Bucklers against him to refute him the Arguments are too many and too long to be here repeated Nor doe I love to abridge that which hath little or nothing in it superfluous or to make that short-lined by epitomizing it such is the lazinesse of men to preferre Epitomies before Large works which I desire should be long-lined and passe through many hands This Debate lasted until Tuesday morning 5. Decemb. eight of the clock the Independents hopeing to tyre out and fright away the moderate men and then it was Resolved upon the Question notwithstanding the terrors and menaces of the Army That the Answers of the King to the Proposition of both Houses are a ground for the Houses to proceed upon for the settlement of the peace of the Kingdome It was carried affirmatively by 140 Voices against 104. that this Question should be put and the Question it selfe was carried cleerly Affirmative without dividing the House presently after this House appointed a Committee of 6. Members to attend the General to conferre with him and his Officers and keep a good correspondency between the House and the Army who had so much surly pride and so little manners as to give them leave to take a nap of three or four houres long after their nights watching before admittance and at last dismissed them with this churlish Answer That the way to correspond was to comply with the Armies Remonstrance The House adjourned until VVednesday following VVednesday Decemb. 6. 1648. 23. The Armies treasonable violence upon the House in s curing and secluding their Members The Saints militant being enraged that the House had recovered so much courage and honesty as to Vote according to their Consciences and neglect their wild Remonstrance and threatning Declaration after some private conference in the morning between Pride Hewson and other Officers and the Speaker in Westminster-hall with the dores shut they sent to the House of Commons a Paper requiring that the impeached Members and M. G. Browne who they belied to have called in Hamilton might be secured and brought to justice and that the 90. and odde Members who refused to Vote against the late Scotish Engagement and all that Voted for recalling the 4. Votes for Non-Addresses and Voted for a Treaty and concurred in Yesterdaies Vote That the Kings concessions were a ground for the Hâ—â—se to proceed to a
strong armed Guards of Horse and Foot upon them without and against their Order is the highest and most detestable force and breach of Priviledge and Freedom ever offered to any Parliament of England and that all Acts Ordinances Votes and proceedings of the said House made since the 6. of Decemb. aforesaid or hereafter to be made during our restraint and forcille seclusion from the House and the continuance of the Armies force upon it are no way obligatorie but void and null to all intents and purposes And that all Contrivers of Actors in and Assistants to this unparallel'd force and treasonable armed violence are open Enemies to and professed Subverters of the Priviledges Rights and Freedom of Parliament and Disturbers of the pace and settlement of the Kingdom and ought to be proceeded against as such and that all Members of Parliament and Commoners of England by their solemn Covenant and dutie under paine of deepest perjurie and eternall infamie are obliged unanimouslie to oppose and endeavour to their utmost power to bring them to exemplarie and condigne punishment for this transcendent offence tending to the dissolution of the present and subversion of all future Parliaments and of the fundamentall Government and Laws of this Realm All which we held it our duties to declare and publish to the world for fear our stupid silence should give any tacit consent or approbation to this most detestable crime and make us guiltie of betraying the Priviledges Freedom and Honour of this Parliament to our perpatuall reproach and the prejudice of all succeeding Parliaments Dated at Westminster Decemb. 11. 1648. 27. The tame Lords and insolent Commons pass and print a Declaration against the said Declaration The said solemn Protestation of the secured Members being complained of was sufficiently barked at in the House of Commons and the Lords fell a barking at it too for company and at last that they might confute it with Authority instead of Reason both Houses passed this following declaration against it The Declaration of the Lords and Commons Against the first Declaration of the secured and secluded Members THe Lords and Commons assembled in Parliament taking into their consideration a printed Paper entituled A solemn Protestation of the Imprisoned and secluded Members c. wherein amongst other things it is Declared That all Acts Ordinances Votes and proceedings of the House of Commons made since the 6. of this instant Decemb. or hereafter to be made during their restraint and forcible seclusion from the House The present visible Government is the Power of the Sword in the hands of Rebels The fundamental Government of this Kingdom is destroyed by the Faction remaining in the House of Commons by their Acts For abolishing Kingly Government The House of Peers their putting down Trials by Jury of 12. men and setting up illegal High Courts of Justice their usurping the Supream Authority their mâ—kâ—ng Treason an Arbitrary crime their erecting a Councel of State oâ— Hogens mogens forty Tyrants in lieu of one King their altering the stile of Writs and Legal Proceedings c. Sentence given before any person accused or heard to speak for himself Oh the brutish understanding of men whose sins and fears have intoxicated their wits and the continuance of the Armies force upon it are no way obligatory but void and null to all intents and purposes The said Lords and Commons do thereupon judge and declare the said printed Paper to be false scandalous and seditious and tending to destroy the visible and fundamental Government of this Kingdome And do therefore order and ordain the said printed Paper to be suppressed and that all persons whatsoever that have had any hand in or given consent unto the contriving framing printing or publishing thereof shall be adjudged and hereby are adjudged uncapable to bear any Office or have any place of trust or authoritie in this Kingdome or to sit as Members of either House of Parliament And do further order and ordain That every Member of either House respectively now absent upon his first coming to sit in that House whereof he is a Member for the manifestation of his innocencie shall disavow and disclaim his having anie hand in or given consent unto the contriving framing printing or publishing of the said paper or the matter therein contained The 12. and 13. Decemâ—er 28. The Conventicle of Commons repeat ex tempore in a thin House under a force the Votes deliberately passed in a full and free House the Commons that they might purge their Journal Books of all State-Heresies as well as their House of all State-Hereticks voted this Index expurgatorius which in their own canting language I here present to you 1. Resolved c. That the Vote of this House Jan. 3. 1647. for revoking the Order Sept. 9. 1647. for suspending Commissary Lionâ—l Copley from being a Member of this House is of dangerous consequence and tending to the destruction of the justice and peace of the Kingdom and is hereby repealed The like for the rest of the Impeached Members mutatis mutandis 2. Resolved c. That the Vote of the House June 30. 1648. whereby this House did concur with the Lords for opening of a way to the Treaty with His Majesty for a safe and well-grounded Peace That the Votes Jan. 3. 1647. forbidding all Addresses to be made to or from the King be taken off was highly dishonourable to the proceedings of Parliament and apparently destructive to the good of the kingdom sure they meant the kingdom of the Saints They likewise by four several Votes revived the said 4. Votes Jan. 3. for no Addresses in terminis 3. Resolved c. That the Vote Iuly 28. 1648. That a Treaty be bad in the Isle of Wight with the King in person by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court was highly dishonourable and apparently destructive to the good of the kingdome The House adjourned Good Boyes they can say their Lessons well and apace too when the Army whips them on they will shortly have a jubilee of play-days for their pains 40 or 50 new Lights snuffed by the Councel of War can better discover what is dishonourable and apparently destructive to their own kingdom then 340. or 244 could do at other times If you ask what Debates they had they could have none being now freed from the contradiction of sinners being all Birds of a feather taught the same tune by the same Masters and singing in the same cage 29. A Protest to be entred against the Votes That the Kings Grants were a ground for a settlement a Touch-stone of I. Gourdons See the Order Dec. 5. 1648. Yet the unanimous recalling those Votes was not thought by those that think one thing and say another a sufficient Test all were confidently for them that voted with them wherefore godly John Gourdon a Fellow that spits venome as naturally as a Toad moved That
we could enjoy nothing but as the will of any number of men that shall call themselves The People And upon the same ground that those that shall subscribe this Agreement may call themselves the People may those that shall refuse to subscribe call themselves the People and upon far better grounds as being farre the more numerous and standing for defence of those ancient Lawes which do constitute the People and Common-wealth of England which will breed infinite confusions and divisions and what those that call themselves the People now agree to they may alter upon the next change of humour or interest 2. The inconveniences of the present Government have not yet been plainly discovered nor no Trial hath been made by the present knowne legal power of England whether those inconveniences may not be removed without subverting the present Government and introducing so totall a change as will be very dangerous and grievous to all sorts and conditions of men 3. In the Protestation May 5. 1641. and the Covenant Septemb. 27. 1643. we are bound to defend Parliaments and to oppose and bring to punishment all such as shall endeavour the subversion of Parliaments which this Agreement cleerly doth 4. This Agreement encroacheth desperately upon the liberty of the People of England in the Election of this Representative depriving them that have constantly adhered to this Parliament as wel as the Kings Party if they cannot in conscience subscribe it from Electing or being Elected yet they shall have Laws and Taxes imposed upon them by Subscribers who are the least and the least considerable party of the Kingdome and upon whom they conferre no trust which is to disfranchise the Nonsubscribers and reduce them to the condition of Conquered Slaves It is a knowne Maxime in Law Quod omnes tangit ab omnibus tractaeni debet what concernes all men must be debated and agreed to by all men either personally or representatively 5. It will raise factions and feuds between the Subscribers and Non-subscribers of the Parliament party 6. It takes away Magistracy and Government not onely by placing such a Supreme power over them as is disputable nay apparently illegal But by making the heady multitude the People supreme Judges over the said Representative for although it inflicts the penalty of death upon the Resisters of their Orders yet is with this salvo except such Representative shall expresly violate this Agreement which makes every man or number of men that shall get power into their hands Judges of it nor is there any other Judge designed and if there were who shall judge that Judge sic in infinitum the legal supreme Trust of all publique interests being taken away our vagabond thoughts wander in a circle not knowing where to repose our trust all Judges all Councels may erre but the rascal multitude are the very sinke of errors and corruptions If therefore the Supreme the Representative have so unstable an authority what shall the subordinate Magistrate acting under them have 7. It smels so much of the Jesuite that it tolerateth Popery in private Houses contrary to the knowne Lawes of the Land Popery like the old Serpent if it once get in the head will soon insinuate the whole body being so well backed by Potent Princes and Councels from beyond Sea And truly I know not what to say against Popery where Heresie Schisme Atheisme and Blasphemie are openly tolerated and exempted from the power of the civil Magistrate as in this Agreement 8. It will lose Ireland the managing of the Warre there being legally in this Parliament by Act passed not in this newfangled Representative 9. It divides us from Scotland 10. It destroyes the Cause for which the Parliament so often Declared Voted Protested and Covenanted that they fought viz. Defence of Parliaments Religion Lawes and Liberties and bestowes the Cause upon the King as if He only from the beginning had fought for them which all men have reason to believe when they shall see the Parliament make such ill use of their Victory as to root them all up And this and all other Parliament-Armies were Commissioned to preserve this Parliament by this Authority they have their Pay and Indemnity without which they are Thieves Rebels and Murderers 11. It demands that there be no Lawyers nor Lawes but new Rules in English to be made from time to time by the new Representative who are to be chosen and trusted onely by a small faction of Subscribers as hath been said according to which justice shall be administred not by Mayors Sheriffs Justices of the peace Officers alwaies ready but by hundred Courts who are to supply the roome of all the Judges and Lawyers of the Kingdome and all this to lie in the brests of 12. Men in every Hundred of the Tribe of the Godly be sure who peradventure can neither write nor read nor have responsible Estates to satisfie wrongs done these shall doe justice by providence and revelation 12. It destroyeth all great and publique Interests and therefore cannot stand Kings Lords Souldiers Magistrates Parliaments Lawyers Ministers who will oppose it because it confounds and destroyes Religion and depriveth the Ministery of its lot Tythes stopping their mouthes with famine purposely to cast them off and generally all men of quality and discretion will withstand it because it gives no security for enjoyment of liberty and property nor for increase of learning civility and piety who then are left to owne and subscribe it but desperate forlorne Persons who because they cannot bring their actions under the protection of our present Laws and Government will bring the Laws and Government to their own corrupt wills and interests and therefore will signe this Agreement no obedience being given to this Representative but upon condition that they kept this Agreement and their being no other Judges of their keeping it but the Subscribers who in the result of all hath the Law in their owne Wills 36. This Agreement of the People was condemned by the House of Commons 9. Nov. 1647. This Agreement of the People is the same which was subscribed by 9. Regiments of Horse and 7. of Foot and presented with a Petition to the House of Commons Novemb. 5. 1647 by the Agitators Gifforde the Jesuite being then in the Lobby with them and very active therein Upon reading and debate hereof the House then declared their judgements against it by passing these Votes Die Martis 9. Nov. 1647. A Paper directed to the Supreme Authority of the Nation the Commons in Parliament assembled The just and earnest Petition of those whose Names are subscribed in behalfe of themselves and all the Free-borne people of England Together with a Paper annexed intituled An Agreement of the people for present and future peace upon grounds of Common Right avowed How these Papers come now to be owned those that oppose them violenrly secured by the Army by the connivance at least of the dregs of the House now sitting
let the Saints now voting in the House examine their pockets for I am confident their consciences had no hand in the businesse Resolved c. That the matters contained in these Papers are destructive to the beings of Parliaments and to the fundamental Government of the Kingdome Resolved c. That a Letter should be sent to the General and those Papers inclosed together with the Vote of this House upon them and that he be desired to examine the proceedings of this businesse in the Army and returne an Account thereof to this House The General and Councel of Warre in pursuance of this Vote 37. The said Agreement damned by the General and Councel of War and a Souldier shot by sentence for promoting it condemned one of the Agitators who promoted it and shot him to death at Ware you see what it is to do a thing unseasonably this Designe of the Army and their Party was not yet ripe wherewith they acquainted the House yet they kept in the same fire in the City still where some of their Confederates 23. of the same Novem. sent the same Agreement c. inclosed in a Letter with a Petition into the House of Commons whereupon the House giving thanks to the General for the execution done at Ware and desiring him to examine that businesse to the bottome unanimously passed these Votes Die Martis 23. Nov. 1647. A Petition directed to the Supreme Authority of England 38. The said Agreement condemned by the House a second time 23. Nov. 1647. the Commons in Parliament assembled and entituled The humble Petition of many Free-borne People of England sent in a Letter directed to Mr. Speaker and opened by a Committee thereunto appointed was read the first and second time Resolved c. That this Petition is a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House to be destructive to the being of Parliaments and fundamentall Government of the Kingdome c. Resolved c. That Tho. Prince Cheese-monger and Sam. Chidley be forthwith committed Prisoners to the Prison of the Gate-house there to remaine Prisoners during the pleasure of this House for a seditious and contemptuous avowing and prosecution of a former Petition and Paper annexed stiled An Agreement of the People formerly adjudged by this House destructive to the being of Parliaments and fundamental Government of the Kingdome Resolved c. That Jeremy Ives Tho. Taylor and Will Larner be forthwith committed Prisoners to the Prison at New-gate c. as last aforesaid in Terminis Afterwards by an Ordinance Decemb. 17. 1647. for Electing Common-Councel-men and other Officers in London they expresly ordained That no Person who hath contrived abetted perswaded or entred into that engagement entituled The Agreement of the People declared to be destructive to the being of Parliaments and fundamental Government of the Kingdome be elected chosen or put into the Office of the Lord Major of the City of London Sheriffe Alderman Deputy of a Ward or Common-Councel-man of the said City or shall have any voice in the election of any such Officers for the space of one whole yeare and be uncapable of any of the said Places yet now these petty Fellowes keep the whole City in awe 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of Warre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep until the beginning of November 1648. when to hinder the peace of this Kingdome and reliefe of Ireland the Jesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to break off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the General and his Councel of Officers though they had formerly shot a Souldier to death for prosecuting it unanimously approved it at Saint Albons November 16. 1648. and obtruded it upon the House the 20. Novemb. and when they found the House so resolute in the Treaty as to proceed they first seized the Person of the King and carried Him to Hurst-Castle as aforesaid and when the House at last closed up the Treaty with this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a settlement 40. Why they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted away at least 40. or 50. more leaving onely their owne Somerset-house Junto of 40. or 50. thriving Members sitting to unvote in a thin House under a force what had been voted in a full and free House To vote down the Kingly Office and House of Peers to vote the Supreme Authority to be in the People and in the House of Commons as their Representative clean contrary to their three last recited Votes To bring the King to capital punishment before a new invented illegal mixed Court consisting of engaged persons erected for that purpose that hath neither foundation by Prescription nor Law and to erect a Councel or Committee of States out of their number in the nature of Lords States General or Hogen Mogens with an unknown and therefore unlimited Authority to continue in being after the dissolution of this Parllament So farewel Kings Lords and Commons Religion Laws and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore onely to gull the People and carry on their designe About 19. Decemb. 41. Diverse Lords doe homage to the General and wave their honours divers Lords went to do homage to the General to expresse their good affections to him and their concurrence with him for the Common good and their readinesse to wave their priviledges and Titles if they shall be found burdensome to the liberty of the People and had a gracious nod for their paines About this time the Lords and Commons passed an Ordinance for electing Common-Councel-men and Officers in London for the yeare following to this effect 42. An Ordinance to curb the City in electing Officers That no Person that hath been imprisoned or sequestred rightfully or wrongfully or hath assisted the King against the Parliament in the first or second Warre or hath been aiding or assisting in bringing in the Scots Army to invade this Kingdome or did subscribe or abett the treasonable Engagement 1647. or that did ayde assist or abett the late Tumult within the Cities of London and Westminster or the Counties of Kent Essex Middlesex or Surrey shall be elected chosen or put into the Office or Place of Lord Mayor of London Alderman Aldermans Deputy Common-Councel-man or into any office or place of trust within the City for the yeare ensuing or be capable to give
but the designs projects of Jesuits Popish Priests and Recusants who bear chief sway in their Councels to destroy and subvert our Religion Laws Liberties Government Magistracy Ministry the present and all future Parl. the King his Posterity and our 3. Kingdoms yea the Generall Officers and Army themselves and that with speedy and inevitable certaintâ— to betray them all to our forreign Popish Enemies and give a just occasion to the Prince and Duke now in the Papists power to alter their Religion and engage them and all forreign Princes and Estates to exert all their power to suppresse and extirpate the Protestant Religion and Professors of it through all the world which these unchristian scandalous treacherous rebellious tyrannicall Jesuitical disloyall bloudy present Councels and exorbitances of this Army of Saints so much pretending to piety and justice have so deeply wounded scandalized and rendred detestable to all pious carnall morall men of all conditions All which I am and shall alwaies be ready to make good before God Angels Men and our whole three Kingdoms in a free and full Parliament upon all just occasions and seale the truth of it with the last drop of my dearest bloud In witnesse whereof I have hereunto subscribed my Name at the Signe of the Kings-head in the Strand Decemb. 26. 1648. William Pryn. 51. The Councell of War forbid all state and ceremony to the King From Dec. 25. to 1. January Num. 283. 27. Decemb. The Councel of VVarr who manage the businesse in relation to the King saith the Diurnal ordered That all state and ceremony should be forborne to the King and his Attendants lessened to mortifie him by degrees and work Him to their desires VVhen it was first moved in the House of Commons to proceed capitally against the King 52. Cromwels Sp. in the Ho. when it was first propounded to try the King Cromwell stood up and told them That if any man moved this upâ—n dâ—signe he should think him the greatest Traytour in the world but since providence and necessity had cast them upon it he should pray God to blesse their Councels though he were not provided on the suddaine to give them counsel this blessing of his proved a curse to the King 53. The Ordinance for electing Com Councel men confiâ—med 28. Decemb. was brought into and read in the House an Ordinance explaining the former Ordinance for electing Common-Councel-men which confirmed the former Ordinance It was referred back againe to the said Committee to consider of taking away the illegal as they please to miscall them Oaths of Allegiance Supremacy and other Oaths usually administred to Officers Free-men c. of the City The 28. Decemb. Tho. Scot brought in the Ordinance for Trial of the King it was read and recommitted three severall times 54. The Ordinance for Trial of His Majesty passed the Commons and the Commissioners Names inserted consisting of diverse Lords Commons Aldermen Citizens Country Gentlemen and Souldiers that the more persons of all sorts might be engaged in so damnable and treasonable a designe and because this Ordinance and the proceedings thereupon had no foundation in Divinity Law reason nor practice The Commons to give it a foundation and ground from the authority of their Votes declared as followeth Resolved c. Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamental Laws of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdom of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Jan. 2. 1648. 55. And sent up to the Lords The Lords met that day farre more than ordinary 16. in number and promising to send an Answer by Messengers of their owne The first Question started by some Lords who had rather have had a thinner House was 56. And Debated Whether it should be presently debated which passed Affirmatively The first Debate was upon the said Declaratory Vote The Earle of Manchester told them The Parliament of England by the fundamentall Laws of England consisted of three Estates 1. King 2. Lords 3. Commons the King is the first and chief Estate He calls and dissolves Parliaments and confirmes all their Acts and without him there can be no Parliament therefore it is absurd to say The King can be a Traitour against the Parliament The Earle of Northumberland said The greatest part at least twenty to one of the people of England were not yet satisfied whether the King levied war first against the Houses or the Houses against Him 57. The Zealots of the H. of Com offended with the Lords for casting forth the Ordin for Triall of the King And if the King did levie Warr first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treason by an Ordinance when the matter of fact is not yet proved nor any Law extant to judge it by is very unreasonable so the Lords cast off the Debate and cast out the Ordinance and adjourned for seven dayes Jan. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Door of their House but at last they sent up some of their Members to examine the Lords Book and see what they have done who brought word back that their Lordships had passed 2. Votes 1. That they doe not concurre to the said Declaratory Vote 2. That they had rejected the Ordinance for Triall of the King 58. Votes passed by them therupon Hereupon the Commons resolved to rid their hands of King and Lords together and presently they voted That all Members of the House of Commons and others appointed by order of that House or Ordinances of both Houses of Parliament to act in any Ordinance wherin the Lords are joyned shall be impowred and enjoyned to sit and act and execute in the said several Committees of themselves notwithstanding the House of Peers joyne not with them therein Upon the debate many hot-brain'd men insisted upon it That the Lords who rejected the Ordinance should be themselves Impeached for favouring the grand Delinquent of England you see the King was likely to have much justice when his Judges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Jan. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de factâ— in the subversion of our Religion Lawes Liberties and Properties though not de Jure You see that since both Houses ravished the Supremacy from the King and a petty faction from the Houses our Lawes are first shrunk into arbitrary Ordinances of
both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their own faction according to their said Principle are under God the originall of all just power 2. That the Commons of England in Parliament assembled being chosen by and representing the People have the supreme power of this Nation 3. That whatsoever is enacted or declared for Law by the House of Commons assembled in Parliament hath the force of Law and all the People of this Nation are concluded therby although the consent or concurrence of the King or House of Peers be not had thereunto This chain-shot sweeps away King Lords Laws Liberties property and fundamentall Government of this Nation at once and deposites all that is or can be neer or deare unto us in scrinio pectoris in the bosomes and consciences of 50. or 60. factious covetous Saints the dregs and lees of the House of Commons sitting and acting under the power of an Army and yet the House of Commons never had any Power of Iudicature nor can legally administer an Oath but this in pursuance of their aforesaid Principle That they may pass through any form of Government to carry on their Design The Diurnall tells you there was not a Negative Voice this shews under what a terror they sit when in things so apparently untrue no man durst say No so the said Declaratory Vote and Ordinance for Triall of His Majesty by a Court Martiall if the Diurnall speak true and yet the King no Prisoner of War was passed onely in the name and by the Authority of the Commons Notwithstanding the Order of the House That the Clerk should not deliver a Copy of the said Ordinance to any man I here present the Reader with a Copy thereof * An Act of Parliament of the House of Commons for Tryall of Charls Stuart King of England 59. The Act for Triall of the King VVHeras it is notorious that Charles Stuart the now King of England was not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the ancient and foundamentall Laws and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government Quaere Whether the Faction do not translate these Crimes from themselves to the King with many others and that besides all evil waies to bring His Design to pass He hath prosecuted it with fire and sword levied and maintained a Civill Warre in the Land against the Parliament and Kingdom whereby this Countrie hath been miserablie wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed for all which high offences the said Charls Stuart might long since have been brought to exemplary and condigne punishment Whereas also the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdom did forbear to proceed judicially against Him but found by sad experience that such their remissness served onely to encourage Him and His Complices in the continuance of their evil practices and raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas Ld. Fairfax Generall Oliver cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaas Pennington Alderman Thomas Atkins Ald Col. Rowland VVilson Sir Peter VVentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berkstead Col. Mat. Tomblinson Iohn Blackstone Esq Gilb Millington Esq Sir Will Cunstable Col Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Livesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburn Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Richard Dean Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Iohn Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Esq Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Esq Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Humph Edwards Esq Greg Clement Esq Iohn Fray Esq Tho Wogan Esq Sir Greg Norton Serj. Iohn Bradshaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Ald. Thomas Scot Alder. Tho Andrews Ald William Cawley Esq Abraham Burrell Esq Col Anthony Stapley Roger Gratwicke Esq Iohn Downs Esq Col. Thomas Horton Col. Tho Hammond Col. George Fenwick Serj. Robert Nichols Rohert Reynolds Esq Iohn Lisl Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn Weaver Eq. Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Esq Augustin Skinner Esq Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Brown Esq Iohn Lowry Esq Mr. Bradshaw nominated President Counsellors assistant to this Court and to draw up the Charge against the KING are Doctor Dorislau Master Steel Master Aske Master Cooke Serjeant Dandy Serjeant at Arms. Mr. Philips Clerk to the Court. Messengers and door-keepers are Master Walford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Judges for the hearing trying and Judging of the said Charles Stuart and the said Commissioners or any 20 or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hand and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit
and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whâ— her Witnesses upon oâ—th were necessary upon Trials of life and death But I confess that upon the defensive part upon Indictments Witnesses upoâ— oath were not to be heard against the King much more Accusers of the King and for examination of Witnesses upon oath if need be concerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfâ—x * * The Generall is no Officer of justice All well affected Persons tag and rag inv ted to assist in a Tumultuaty way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted do continue for the space of one Moneth from the Date of the making hereof and no longer 60. A new Great Seal to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seal against Him because it was the Kings Great Seal no more could they use any of our Laws Courts or Judges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither would the Grace of God square with their proceedings they must therefore make a new Great Seal but that was long a making and their fingers were in the fire they therefore proceeded without any Commission under Seal onely upon the said Ordinance and every Commissioner set his own hand and seal to the publique instruments of their proceedings what need ceremonies when men are resolved upon the substance 61. The Iews petition the Councell of War to have the Stat of their banishment repealed About this time the Hebrew Jews presented a Petition to the uncircumcised Jews of the Councell of Warre That the Statute of Banishment against them may be repealed and they re-admitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanced Hugh Peters and Harry Martin solicite the business Upon this occasion was published this Paper ensuing * The last damnable Design of Cromwel and Ireton 62. A Paper published upon occasion of the Jews Petition and their Junto or Cabal intended to be carried on in their General Councel of the Army and by their journey-men in the House of Commons when they have engaged them dede perately in sin past all hope of Retreat by murthering the King MAjor White a Member of the Army long since at Putney foretold That shortly there would be no other power in England but the power of the Sword and Will. Sedgwick in his Book called Justice upon the Armies Remonstrance saith The Principle of this Army is To break the Powers of the Earth to pieces and John Lilburn in his Plea for Common Right p. 6. saith The Army by these extraordinary proceedings have overturned all the visible Supreme Authority of this Nation that is they have and will by seizing upon the Members of Parl. dissolving it and setting up a new invented Representative and bringing the King to capital punishment and dis-inheriting his Posterity subvert the Monarchical Government and Parliaments of this Kingdome the Laws and Liberties of the People and so by bringing all to Anarchy and confusion put the whole Government of the Land under the Arbitrary power of the Sword In order to which they have and will overturn the Government of the City of London by a Lord Mayor and Aldermen and govern it by Commissioners and a schismatical Common Councel of Anabaptists illegally chosen and deprive them of their Charter of Incorporation and Franchises and this shall be a leading case to all the Corporations of England Their next Design is to plunder and disarm the City of London and all the Country round about thereby to disable them to rise when the Armie removes but not to the use of the Souldiers although they greedily expect the first Week in February the time appointed from whom they will redeem the plunder at an easie rate and so sell it in bulk to the Jews whom they have lately admitted to set up their banks and magazines of Trade amongst us contrary to an Act of Parliament for their banishment and these shall be their Merchants to buy off for ready money to maintain such Warrs as their violent proceedings will inevitably bring upon them not onely all Sequestred and plundred goods but also the very bodies of Men Women and Children whole Families taken Prisoners for sale of whom these Jewish Merchants shall keep a constant traffick with the Turks Moors and other Mahometans the Barbadus and other English Plantations being already cloyed with Welch Scottish Colchester and other Prisoners imposed by way of Sale upon the Adventurers and this is the meaning of Hugh Peters threat to the London Ministers That if another War followed they will spare neither Man Woman nor Child For the better carrying on of which Design the said Cabal or Junto keep a strict correspondency with Owen Roe Oneale the bloodie Popish Antimonarchical Rebel in Ireland and the Popes Nuntio there The Antimonarchical Marquess of Argyle in Scotland the Parisian Norman and Picardie Rebels in France and the Rebel King of Portugal If danger be not held so close to your eies that you cannot discern it look about you English But this Kingdome is not to be saved by men that will save themselves nothing but a private band and a publike spirit can redeem it 63. Master Pryns second Letter to the General The 3. Jan. 1648. Master Pryn sent a Letter to the General demanding what kind of Prisoner and whose he was as followeth * To the Honourable Thomas Lord Fairfax General of the present Army these present My Lord IT is now a full Months space since I with other Members of the Commons House have been forcibly apprehended and kept Prisoner by some of your Officers and Marshal against the Priviledges of Parliament the Liberty of the Subject the Laws and Statutes of the Realm and all Rules of justice conscience and right reason without the least shadow of Authority or any cause at all yet made known to me of which were there any neither God nor man ever yet made
your Lordship or your Officers Judges I therefore desire to know from your Lordship what kind of Prisoner I am and whose If a Prisoner of peace neither your Lordship nor your Officers are any Justices of peace or Civill Magistrates in this place to restrain me for any civill crime were I guilty of it much less without proof or hearing in case I were no Member but being neither guilty nor accused of any such crime and a Member too no Magistrate can nor ought to imprison me upon any pretext at least without the Houses licence first obtained If a Prisoner of Warre which I cannot probably be being never in Arms and apprehended neer the Commons House door going peaceably and unarmed thither to discharge my duty then you and your Officers thereby acknowledge That you have levied Warre against the Parliament and its Members and what capital offence this is and what a punishment it deserves I need not inform your Lordship or your Councell who have for this very crime condemned and shot some to death as Traytours and demanded speedy justice and execution for it upon the King himself I have but one thing more to trouble your Lordship with and that is to demand whose Prisoner I am having yet seen no Warrant nor Order from your self or your Officers for my restraint though I have oft demanded it of your Marshall If your Lordships Prisoner there appearing yet no legall Authority cause or Warrant for my restraint I must then crave so much justice from your Lordship being but a Subject and not yet paramount all Laws to order your Attourney to give an Appearance for you in the Kings bench the first return of the next Tearm to an action of false Imprisonment for this my unjust restraint which I intend by Gods assistance effectually to prosecute If your Officers Prisoner onely and not yours which I conceive who yet abuse your name and authority herein though it be a rule in Law and Divinity too Qui non prohibet malum quod potest jubet yet I shall be so just as to set the saddle upon the right horse and commence my action onely against such of your Officers who have been most active in my Imprisonment for damage and reparations which if there be any justice remaining under Heaven I doubt not but I shall recover in Gods due time in this publick cause which so highly concerns the honour freedom and Priviledges of Parliament and Subjects Liberties for defence and maintenance whereof as I have hitherto spent my strength adventured my life body liberty and estate so shall I now again engage them all and all the friends and interests I have in heaven and earth rather then they shall suffer the least diminution prejudice or eclipse by my stupid patience under this unjust captivity though I can as willingly forgive and put up private injuries when the publike is not concerned as any man All which I thought meet to inform your Lordship of whom I am heartily sorry to see so much dishonoured abuâ—ed and misled by rash ill-advised Officers and dangerous destructive and I dare say Jesuitical Councels to the Parliaments dissipation the Kingdoms prejudice Irelands loss most good mens and Ministers grief your best Friends astonishment your Enemies and the Papists triumph our Religions scandal and your own dishonour which I beseech you as an Englishman a Christian a Professor of piety and Religion a Souldier a General to lay sadly to your heart as the earnest request of From my Prison at the Sign of the Kings Head in the Strand 3. Jan. 1648. Your Lordships faithful Friend and Monitor William Pryn. * An Additional Postscript VVE reade Luke 3.14 that when the Souldiers demanded of John Baptist saying and What shall we do he said unto them Do violence to no man or put no man in fears neither accuse any falsly and be content with your allowance not imprison depose or murther Kings pull down Parliaments imprison violently shut out and drive away Parliament men and then lay all false accusations and scandals upon them to colour your violence subvert Kingdoms alter States break all bonds of Laws Oaths Covenants Obligations Engagements to God and Men usurp all Civil Military and Ecclesiastical power and the Kings Royal Palaces into your own hands as supreme Lords and Kings raise what new forces and levie what new Taxes you please take up what Free-quarters and Houses seize and plunder what publike Treasuries monies you please without Commission or Authority obey neither God nor Man neither Parliament nor Magistrate and be content with nothing but alter and subvert all things These are Saint Peters new doctrines and Revelations to our Officers and Souldiers now those Jesuits who lurk amongst them not John the Baptist whose Canonicall advice is now rejected as Apocryphall even among the Army Saints who preferre every ignis fatuus though from Doway or Râ—me it self before this burning and shining old light and are guided onely by a new minted law of pretended providence or necessity of their own forging and not by the revealed will and law of God the sacred light whereof their present works of darkness dare not approach lest they should be reproved and condemned by them But some 43. Actions of false imprisonment by the imprisoned and 150. Actions of the Case by the secluded Members brought against these domineering lawless Officers and Grandees of the Army wherein good Damages will be recovered and some 12. Indictm of High Treason against them for laying violent hands upon the Kings Person and the Members and leavying War against the Parliament will teach them more obedience humility and modesty then either John Baptist Saint Paul Saint Peter or Saint Peters will do and be like Gideon thorns and briers of discipline to these men of Succoth with whom no fair means will prevail who might have learned so much law and justice from a Heathen Souldier and Governour Festus Acts 25.27 It seemeth unto me unreasonable to send much more to commit a Prisoner and not withall to signifie the crimes laid against him and come short of that ingenuity of the heathenish chief Captain who seized upon Paul thereby to appease the Tumult at Hierusalem Acts 22.27 29. who as soon as ever Paul told him he was a Roman Free-born then straight way they departed from him who should have examined him and the chief Captain also was affraid after he knew that he was a Roman and because he had bound him And should not false imprisoning of a Parliament-man Free-born English-man be as formidable to our chief Captains being a Christian I say sworn and vowed to defend the Houses Priviledges and Members Persons as the Imprisonment of a Roman was to this chief Captain and they as ingenious and just as he who shall rise up in judgement against them and condemn them at the last I shall close up all with this observation That as the most glorious Angels in Heaven when
they fell through pride and ambition as most conceive became the very foulest Devils in Hell so the most resplendent seeming hypocriticall Saints when they fall through the like sins and have power in their hands become the most incarnate Devils and Monsters of treachery and tyranny upon earth exceeding Turks and Pagans therein of which we have now sad experience in our Army-Saints who every day aggravate and yet justifie their impieties and exorbitances 2 Chron. 28.11 Now hear me therefore and deliver the Captives again which ye have taken Captives of your Brethren for the fierce wrath of God is upon you Will Pryn. 64. Another forg'd Letter endeavoured to be fastned upon Sheriff Brown The Saints having nothing to say against Major Gen. Brown unless they should accuse him for being true to King Parliament City and Kingdom and to all the first declared Principles of this Parliament fell to their old trick to fasten another counterfeit Letter upon him wherefore a Man coming to S. Jame's where he was then imprisoned desired in the hearing of all present to speak with him in private Major Gen. Brown told him He was not for private conference and bade him speak openly then the Fellow presented a Letter to him saying It was from the Prince but Major Gen. Brown remembring the like trick put upon him before called for the Guard to apprehend him when presently the Messenger threw the Letters into the fire and the Marshall catching them out halfe burnt affirmeth He saw Charles Prince written upon them Sanctified eyes may see through the spectacles of their own fantasie what they please to accomplish their Design and therefore they have a new principle or light which as the 7. May be added to the aforesaid 6. that though they have no proofs nor evidence against a man yet if in their consciences they think him guilty they may condemn him upon the testimony of their own consciences this is to condemn by Revelation such whose bloud they desire to suck This supposed Messenger from the Prince was seized by the Guard but no proceedings against him heard of which argues it was but a snare set to catch the Major About this time to second this device a man gallantly clothed and mounted comes to the Beare in the Strand 65. Another more general forgery to endanger whom the Faction please It will be proved that divers Witnesses have bin practised and tampered with against Mr. Brown and others gives the Hostler a Peece and bids him have a care of his Horse then goes into the City and the Plot being forelaid was taken there with Letters subscribed with the Princes name to divers Citizens and Members against whom they want matter of accusation I hear no more of this matter yet this is a device dormanâ— to be awakened hereafter if any shall oppose the present actings of the Army and their Parliament Cromwell Ireton and Hugh Peters have several times made it their errand to go into the City and visit the Ministers giving them threatning Admonitions not to preach any thing against the Actings of the Army and their Parliament 66. London-Ministers threatned See the Ministers of Londons Letter to the General called A serious Representation Dated Jan. 18. 1648. But Hugh acted his part above them all he took some Musketiers with him to the house of Mr. Calamy and knocking at the door a Maid asked whom he would speak with he told her with her Master she asked his name he replied Mr Hugh Peters the Maid going up the stairs to acquaint her Master who was above-stairs in conference with some Divines over-heard Peters say to the Souldiers The very name of Peters will fright them all Peters being called up the staires told Mr. Calamy He was commanded by the General to warne him to come before him Mr. Calamy leaving Peters vapouring and canting Religion and non-sense to the rest of the Divines slipt down staires and went to the General to know his pleasure telling him He had bin summoned before him by Hugh Peters the General said Peters was a Knave and had no such directions from him Since this 67. The C. of War consider how to shut up the Churches doors the Council of Warr finding it difficult to stop the Ministers mouths have sundry times debated How to shut up the Churches doors in the City for Reformation of the Church and propagation of the Gospel they have imprisoned Mr. Canton a worthy Minister for praying for King CHARLES and threaten to try him for his life in the Upper Bench forsooth which all the Lawes call the Kings Bench and upon their new Acts of Parliament made by a ninth part of the Members the small remnant or Junto of the House of Commons notwithstanding by The Directory for publique Worship established by both Houses the Ministers are enjoyned to pray for the King It is said that Monsieur Paux one of the Dutch Agents here hath advised Cromwell to stop the Ministers mouthes by hanging up a dozen of them and vouches a president for it in the Low Countries 68. The Lords sent some Votes to the Câ—mmons for their concurrence Jan. 9. The Lords sate again and passed some Ordinances which they sent down to the Commons for their concurrence to feel their pulse wâ—ether they would vouchsafe to take so much notice of them the Commons laid them aside after some expresâ—ions of disdain 69. Sergeant Dandy proclaimeth the sitting of the new H Court of Justice This day Sergeant Dandie Sergeant at Arms to the Comissioners for Triall of His Majesty rode into Westminster-hall with the Mace belonging to the House of Commons upon his shoulder and some Officers attending him all bare and 6. Trumpeters on horsback before him Guards of Horse and Foot attending in both the Palace-yards the 6. Trumpeters sounded on horseback in the middle of the Hall and the Drums beat in the Palace-yards after which a Proclamation was read aloud by Mr. King one of the Messengers of the said High Court of Justice to this purpose To give notice that the Commissioners were to sit tomorrow and that all those that had any thing to say against CHARLES STVART King of England might be heard The like was done in Cheapside and at the Old Exchange 70. The Great Seal voted to be broken This day the remainder of the House voted their Great Seal to be broken in order to the making of a new one justly putting the same affront upon their own Seal which they had formerly put upon the Kings 71. Mr. Pryns Memento to the unparliamentary Junto Upon these occasions Mr. Pryn it is said published his Memento to the unparliamentary Junto therein telling the House That being forcibly secluded from the House by the Officers of the Armies violence whereby he could not speak his mind to them freely in or as the House of Commons yet he would write his thoughts to them as private Persons onelie under
a force consulting in the House without their fellow Members advice or concurrence about speedie Deposing and executing CHARLES their lawfull Soveraign to please the Generall Officers and Counsell of the Army who have usurped to themselves the Supreme Authoritie both of King and Parliament or rather the Jesuits and Popish Priests among them 1. By the Common Law the Stat. 25. Edw. 3. Cok. 5. Inst 4. 1. Stamf. Pleas of the Crown l. 1. c. 1 2. and all other Acts concerning Treason It is High Treason for any man by overt act to compass the death of the King or his eldest Son though never executed and so adjudged by Parliament in the Earl of Arundels Case 21 Ric. 2. Plac. Coronae n. 4 6 7. 2. In the Oath of Allegiance which every man takes before he sits in Parliament you acknowledge him to be lawful and rightful King of this Realm and that the Pope neither of himself nor by any authority of the See of Rome or by any other means with any other hath any Power or Authority to depose the King c. Exact Collect. p. 16 19 21 59 66 83 102 103 118 123 125 141 142 143 173 180 195 219 259 281 307 380 312 360 376 457. A Collect c. p. 13 18 41 43 44 49 51 61 64 96 181 182 340 341 424 425 499 599 623 696 806 807 879. Appendix p. 15. 3. Your selves amongst other Members in above one hundred Remonstrances Declarations Petitions Ordinances c. in the name of the Parliament have professed You never intended the least hurt injury or violence to the Kings Person Crown Dignity or Posterity but intended to Him and His Posterity more Honour Happiness Glory and Greatness than ever any of His predecessors enjoyed That you would make good to the uttermost with your Lives and Fortunes the Faith and Allegiance you have alwaies born to him That all Contributions Loans should be imploied onely to maintain the Protestant Religion the Kings Authoritie Person Royal Dignitie Laws of the Land Peace of the Kingdome and Priviledges of Parliament That the Forces raised by the Parliament were for defence of the Kings Person and of both Houses That the Parliament will ever have a care to prevent any danger to his Person That they are resolved to expose their lives and fortunes for maintenance of the Kings Person Honour and Estate and the Power and Priviledges of Parliament when the King taxed the Houses for insinuating Exact Collect. p. 298 695 696 657 658 991. That if they should make the highest Presidents of other Parliaments their pattern that is depose the King there could be no cause to complain of them Both Houses by two Declarations protested against it saying That such thoughts never entred nor should enter into their loyal hearts Collect. of all Orders p. 8 13 41 43 44 49 51 61 64 96 99 623 696 879. Appendix p. 15. 4. By the Protestation They declare in the presence of God to defend the Kings Person and Estate and that their Armies under Essex and Fairfax were raised for that purpose inter alia 5. By the National Covenant They vowed to defend the Kings Person and Authoritie in preservation of true Religion and Liberties of the Kingdom and that they will all the daies of their lives continue in this Covenant against all opposition 6. You monopolize the Supreme power into your own hands robbing both King Lords and the rest of your fellow Members thereof whom you are content should be violently shut out by your Army who have leavied War against the Parliament to dissolve it till the removall of which force and restoring your Members with freedom and safety Also 15. E. 3. n. 5. 17 E. 3. n. 2 6. 18. E. 3 n 1. 2. 5. c. 1. R. 2. n. 1. 2. R. 2. n. 1. 3. R. 2. n. 1. 4. R. 2. n. 1. 5. R. 2. Parl. 1. n. 1. Parl. 2. n. 1. 8. H. 4. n. 28. you ought not to sit or Act in your Armies own doctrine in their Remonstrance Aug. 18. and by the Declaration and Ordinances of both Houses Aug. 20. 1647. Sec 21. R. 2. c. 12. 1. H. 4. c. 3. 31. H. 6. c. 1. 39. H. 6 c. 1. See the memorable Record 6. E. 3. Parl. apud Ebor. n. 1 2 dorso clauso 6. E. 3. m. 4. 6. E. apud Westm. Parl. 2. n. 1. 13. E. 3. Parl. 2. n. 4. many more Rolls where Parliaments when any considerable number of Members of either House were absent refused to sit though under no force till the House were full You have neither Law nor president for what you do Edw. 2. Rich. 2. were forced by Mortimer and H. 4. to resign their Crowns in a formall way one to his Son the other to his conquering Successor neither of them to the Parliament and at last Deposed by a subsequent Sentence of Parliament as unfit to Reign without any formall Triall * 72. The Armies party in the H approve the matter of the Co of Officers accusatory Ans against the secured Memb with out hearing them See Mr. Io Geerees Ans to that silly Sophister Io Goodwin called Might overcoming right Jan. 11. 1648. The House read the Answer of the Generall Counsell of the Army concerning the secured and secluded Members and as I have formerly said without hearing what the said Members could say for themselves approved the matter of it whereupon the secured and secluded Members 20. Jan. 1648. with much ado got printed their Vindication against the Aspersion cast upon them in The humble Answer of the Generall Counsell of the Officers of the Army concerning the securing secluding of the said Members The sum whereof is as followeth 73. The sec and secl Memb. Defence against the scandalous An of the C of W By the Preamble of this Answer and by the Proposals of the 6. Decemb. and the late Declaration and Remonstrance therein cited it appears this Design to break the House by force hath been long since plotted and contrived with action The Generall Councell of the Army in their said Answer say Is a course in it self irregular and not justifiable but by honest intentions and extraordinarie necessitie the weakness of which Answer we must examine but first must state the case b tween us They are an Army raised by Ordinance of Parliament of 15. Febr. 1644. for defence of King and Parliament the true Protestant Religion the Lawes and Liberties of the Kingdom and to be from time to time subject to such Orders and Directions as they shall receive from both Houses of Parliament and to this end they stand commissioned by them and receive pay from them to this day And besides this trust thus lying upon them they are under the obligation of a solemn Covenant sworn to God That they will in their place and callings with sincerity reality and constancy with their estates and lives preserve the Rights and Priviledges of
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 or else by the power of Courtiers stopping the course of Justice at the Councel Table and in other Arbitrary Courts both which are taken away by the Kings Concessions 1. That the Nomination of Judges and Officers be in the Parliament 2. That the King make no new Parliament Lords for the future to Vote there For this you must take the faith of the misty brained Penman who had this as well as many other gross Lies by Revelation The Army had had the King in hâ—ir power and had the Parliament adjourned the sole power of the Kingdom had been left in the Army which is a thing aimed at by them Another Objection is That they had intelligence that had they been suffered to meet all in the House once more it was designed to have passed some higher Resolutions to lay farther foundations of a new quarrel so as to carry therein the name and countenance of Parliamentary Authoriâ—y together with the Kings upon an acceptable pretence of Peace to draw men in and then to have adjourned the Parliament for a long time excluding all remedy in this case but by another War To this we say the House immediately upon passing the Vote 5. Decemb sent a Committee to the General to confer with him and his Officers and keep a good correspondency with them To which the General promised his readiness howsoever it was hindred afterwards And then they seized upon one of the Commissioners appointed to Treat affronted another and left no way free for a Conference which shews they were resolved to doe what they had designed The last Obj. is That those Members that are yet detained in Custodie are either such as have been formerly Impeached and in part judged by the House for Treason and other Crimes and never acquitted and against whom they can and very shortly will produce new matter of no less crime or else such who have appeared most active and united in Councels with them against whom also they are preparing and shall shortly give matter of particular Impeachment To this we say that when it appears what those crimes are and what persons are charged with them we doubt not but they will sufficiently acquit themselves if things may be legally carried in a judicial way by competent Judges not preingaged In the mean time we conclude That Souldiers whose advantages arise by War are not fit to judge of the Peace of the Nation 74. A Declaration by Mr. Walker and Mr. Pryn The 19. Jan. 1648. Mr. Pryn and Mr. Walker two of the secured Members published in print their Declaration and Protestation against the actings and proceedings of the Army and their Faction now remaining in the House of Commons as followeth A Declaration and Protestation of Will Pryn and Clem Walker Esquires Members of the House of Commons Against the present Actings and Proceedings of the Generall and Generall Councell of the Army and their Election now remaining and sitting in the said House WHereas long since for ease of the People both Houses in a full and free Parliament Voted the Disbanding of this Army in opposition to which some great Officers of the said Army to continue their rich Commands with some Members of the House of Commons who daily inrich themselves by the troubles of the times secretly mutinied the Army against the Parliament And whereas lately the farre major part of the House of Commons pittying the bleeding condition and tears of the oppressed People Voted and entred into a Personall Treaty with the King without which by the Armies own confession in their Remonstrance at Saint Albons p. 64. there can be no peace which the Army interrupted by obtruding upon the Commons a treasonable Remonstrance 20. Novemb. 1648. tending to destroy the King and His Posterity and wholly to subvert all Parliaments Religion Laws and Liberties for ever whereby the Commons in Parliament found it absolutely necessary to prevent such pernitious innovations by concluding a safe peace with His Majesty whereupon after mature debate the House of Commons the 5. Decemb. 1648. Voted That the Kings Answer to the Propositions of both Houses upon the Treaty were a ground for the Houses to proceed to the settlement of a safe and well-grounded Peace Upon which the Generall and Councell of Warre Wednesday morning 6. December 1648. Seized and Imprisoned 41 of the Members going to the House of Commons to do their Duty secluded above 160. other Members besidss 40. or 50. Members who voluntarily withdrew themselves to avoid their violence leaving onely their own engaged party of 40. or 50. Members sitting who now pass Acts of Parliament of the House of Commons as they call them without the Lords and comply with the said Councell of Warre to carry on the said Remonstrance To which purpose this present remnant of the Commons have unvoted in a thin House under the force of the Army what was deliberately Voted in a full and free House whereas by their own Ordinance passed upon the Tumult of Apprentices 20. August 1647. to null and make void ab initio all Acts Orders Votes c. passed under the said force This remaining Party ought not to sit act nor take upon them the style of a House under so visible actuall and horrid a Force The premises considered We whose names are hereunto subscribed Members of the House of Commons do declare and protest That the said Generall Commissioned Officers and Generall Councell of the Army by the said act of violence upon the major part of the House which legally and virtually is the whole House have waged War and Rebelled against the Parliament their Masters who raised them to defend the Priviledges of Parliament and the Kings Person and Authority in defence of Religion Laws and Liberties and have thereby forfeited their Commissions and have broken and dis-continued this Parliament so that untill this force be removed punished the Honour of the Parliament and their wronged Members vindicated and all the Members resummoned all the Votes Orders and Actings passed and to be passed by this nominall House of Commons are and will be void ab initio and all such as do or shall obey them are and will be punishable both by the Armies own judgment in their Remonstrance August 18. and by the Houses Declaration and the said Ordinance 20. August 1647. We do farther declare and protest against this present House of Commons illegall Acts Order or Ordinance for erecting a High Court of Justice and usurping a power without any Law or president to Trie Depose and bring to capitall punishment the King and to Dis-inherit His Posterity or any of them and against the said Generall Councell of Officers aiding and abetting them therein as highly impious against the Law of God Nations and the Protestant Profession Traitors against the Stat. of Treason 25. Edw. 3. and against all Laws and our Statutes perjurious and perfidious against the Oaths of Allegiance Supremacy Nationall Covenant and Protestation
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
Deposing or taking away the Kings life be not really guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Laws and Statutes of this Realm 5. Whether those who are professed Enemies to the King and by their Remonstrances Speeches and actions profess they desire his blood and seek his life can either in Law or Conscience be reputed competent Judges to try him for his life It being a just exception to any Jury man who is to try the basest or poorest Felon and a legal challenge for which he must be withdrawn that he is a professed Enemy and Prosecutor who seeks his life and therefore no lawfull nor indifferent trier of him for it 6. Whether the triall and taking away of the Kings life by such an illegal and arbitrary High Court of Justice as this will not prove a most dangerous inlet to the absolutest tyranny and bloodiest butchery ever yet heard of or practised in this or any other Nation and a ready way to teach us how to chop off one anothers heads till we are all destroyed For if they may take away the Kings head in it without and against all rules of Law then by the same or stronger reason they may in like manner chop off the heads of any Nobleman Peer Member Gentleman or inferiour Subject for any imaginary Treason or offence and confiscate their Estates there being no assurance they will stop at the Kings The Answer of the Generall Councel of Officers touching the secluded Members Jan. 3. 1648. And if those who are confessed to be the Majority of the Com. House and therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any oher Faction whatsoever which may arise should at any time hereafter get the upper hand by the peoples general adhering to them or any divisions of the Army or by any means Gods providence should administer who hath thousands of ways to pull down the proudest Tyrants and dissipate the strongest Armies in a moment as he did Senacheribs the Midianites the Moabites and Ammonites with sundry others recorded in sacred Writ and prophane Stories and the Scots Army but few months since they may by like authority and president erect the like new Court to cut off the heads of all the Members now sitting and of the present General Councel of the Army and all the Commissioners acting in this new Court and so fall a murthering and butchering one another till we were all destroyed one by another and made a spectacle of most unnatural tyranny and cruelty to the whole world Angels and Men and a prey to our common Enemies Upon which consideration let every man now seriously lay his hand upon his own breast and sadly consider what the bloody tragical issue of this new Phaleris Bull may prove to him or his and whether every Free-born English-man especially of Noblest birth and amplest Estate be not deeply obliged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate to prevent the erection of such an exorbitant and illegal Authority in the very rise and foundation ere it be over-late and not patiently suffer a rash inconsiderate number of Hotspurs of mean condition and broken desperate fortunes for the most part out of private malice fear or designs to secure and enrich themselves by the ruines of others of better fortunes and quality to set up such a new shambles to butcher and quarter the King Nobles Parliament-men Gentlemen and persons of all conditions as was never heard of among Pagans or Christians from the Creation to this present and will no way suit with our English soil already overmuch watred with English blood and so deeply ingaged against all arbitrary and tyrannical usurpations and proceedings especially capital in any hands whatsoever which have cost us so much blood and treasure to oppose and fight against for seven years last past Saturday Ian. 20. 1648. 80. The first days Trial of his Majesty The new thing called The High Court of Justice sate Bradshaw being President who had the Mace and Sword carried before him and 20 Gentlemen forsooth with Partizans for his Guard under the command of Colonel Fox the Tinker An O yes being made and silence commanded the said Act of the Commons for erecting the said Court was read and the Court called there being about 70 of the Commissioners present Then the King was brought to the Bar by Col. Hacker with Halberdiers the Mace of the Court conducting him to his chair within the Bar where he sate And then Pres Bradshaw said to the King Charles Stuart King of England The Commons of England assembled in Parliament being sensible of the great calamities brought upon this Nation Prove this power and trust The whole Kingdom in effect deny it So do all our Law-Books and the practice of all Ages and of the innocent blood shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves and according to that power and fundamental trust reposed in them by the People have constituted this High Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Solicitor Cook My Lord in behalf of the Commons of England and of all the People thereof I do accuse Charles Stuart here present of High Treason and misdemeanours and I doe in the name of the Commons of England desire the Charge may be read unto him The King Hold a little President Sir the Court commands the Charge to be read afterwards you may be heard The Charge was read as followeth The Charge against King Charles the First January 20. 1648. The Charge read THat the said CHARLES STUART being admitted King of England and therein trusted with a limited power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the foundations thereof and of all redress and remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practises to the same Ends hath traiterously and malitiously levied War against the present Parliament and the People therein Represented Particularly upon or
lawfull Authority I am seated here and I shall not be unwilling to Answer In the meane time I shall not betray My Trust I have a trust committed to Me by God by old and lawfull descent I will not betray it to answer to a new unlawfull Authority Bradshaw Pres If you had been pleased to have observed what was hinted to you by the Court at your first comming hither you would have known by what Authority which Authority requires you in the name of the People of England of whom you are Elected KING to answer them King I deny that Bradsh If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdome but an Hereditary Kingdome for neer these thousand yeares Therfore let Me know by what lawfull Authority I am called hither I do stand more for the Liberty of My People then any here that come to be My pretended Judges and therefore let Me know by what lawfull Authority and I will Answer otherwise I will not Answer Bradsh Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition you have been told of it twice or thrice King Here is Lieut. Colonell Cobbet aske him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledg of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing the King to His Parliament Is this the bringing an end to the Treaty on the publique Faith Let Me see a Lawfull Authority warranted by the Word of God the Scriptures or by the constitutions of the Kingdome I will not betray My Trust nor the Liberties of the People I am sworne to keep the Peace by that duty I owe to God and My Country and I will do it to the last breath in My body As it is a sinne to withstand lawfull Authority so it is to submit to a Tyrannical or any otherwise unlawfull Authority Bradsh The Court expects your finall Answer and will adjourne till Munday next Brutish we are satisfied with our Authority that are your Judges and it is upon Gods Authority and the Kingdomes and that peace you speak of will be kept in doing Justice and that 's our present work So the Court adjourned and the King was conducted back Note They had so contrived it that diverse Schismaticall Souldiers and Fellowes were placed round about the Court to cry Justice Justice when the King was remanded thinking all the rest of the people would have bleated to the same tune but they almost all cryed God blesse Him and were some of them well cudgelled by the Souldiers for not saying their prayers handsomely after the mode of the Army one barbarous Souldier it is confidently reported spat in the Kings Face as he bauled for Justice Whether this were the first day or afterwards I know not The King only saying My Saviour suffered more for my sake wiped it off with His Handkerchief yet the Court took no notice of this Affront so farre was His Majesty already fore-judged and condemned to Sufferings Munday January 22. 81. The second daies Triall of his Majesty The KING was brought again to His Tryall Solicitour Cock May it please your Lordship I did at the last Court in behalf of the Commons of England exhibite and give in to this Court a charge of high Treason and other High crimes against the Prisoner at the Bar whereof I do accuse him in the name of the people of England and the charge was read unto Him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdome of England is That the Prisoner may be directed to make a positive Answer either by way of confession or Negation which if He shall refuse to do That the matter of charge may be taken pro confesso and the Court may proceed according to Justice Bradsh Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a charge read against You c. You hear likewise what was prayed in behalf of the People That you should give an Answer to that charge You were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority You were brought hither You did diverse times propound your Questions and were as often Answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call You to account for those High and capitall Misdemeanours wherewith You were then charged Since that the Court hath taken into consideration what You then said they are fully satisfied with their own Authority and they hold it fit You should stand satisfied therewith too And they do require that you do give a positive and particular Answer to this Charge exhibited against You they expect you should either confess or deny If you do deny Without any Law President rationall debate or Arguments to prove it Oh brutish Tyranny it is offered in the behalf of the Kingdome to be made good against You Their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied therein and You are to rest satisfied in it and therfore You are to give a positive Answer King When I was here last its true I made that Question and truly if it were only my owne particular case I would have satisfied My selfe with the Protestation I made here the last time against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction upon Earth but it is not my case alone it is the Freedome and the Liberties of the People of England and do you pretend what you will I stand more for their Liberties for if Power without Law may make Lawes nay alter the Fundamental Lawes of the Kingdome I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when I came hither I did expect particular Reasons to know by what Law what Authority you proceed against me here and therfore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do I shall tell you My Reasons as short as I can All proceedings against any man whatsoever Bradsh Sir I must interrupt You what You do is not agreable to the proceedings of any Court of Justice False You are about to
enter into Argument and Dispute concerning the Authority of this Court before whom You appear as a Prisoner and are charged as a High Delinquent You may not Dispute the Authority of this Court nor will any Court give way unto it You are to submit to it c. King Vnder favour I do plead for the Liberty of the people of England more then you do and therfore If I should impose a beleefe upon any man without Reasons given it were unreasonable Bradsh Oh Brutish Asinine Kingdome to be Governed by an up-start Authority without use of Reason Sir I must interrupt You You may not be permitted You speak of Law and Reason and there is both against you Sir The Vote of the Commons of England assembled in Parliament is the reason of the Kingdome and they are those that have given You that Law according to which you should have Ruled and Raigned Sir It will be taken notice of that you stand in contempt of the Court and Your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by all Laws that ever I heard all men may put in Demurrers against any proceedings as Illegall and I do demand that if you deny that you deny Reason Bradsh Over-rule a Demurrer without Argument If a man may not Demurre to the Jurisdiction of any Court that Court may enlarge its bounds and become a Corporation of Tyrants Sir Neither You nor any Man are permitted to Dispute that Point You are concluded You may not demurr to the Jurisdiction of the Court if You do I must let you know that they over-rule Your demurrer they sit here by the Authority of the Commons of England and all Your Predecessours and You are responsible to them King I deny that shew Me one President Bradsh Sir You ought not to interrupt while the Court is speaking to you this point is not to be debated by you if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirme their own Jurisdiction King I say Sir by your favour That the Commons of England were never a Court of Judicature I would know how they came to be so Bradsh Sir you are not to be permitted to go on in that Speech and these discourses Then the Clerke of the Court read as followeth Charles Stuart King of England you have been accused in the behalfe of the people of England of High Treason and other high crimes the Court hath determined that you ought to answer the same King I will Answer the same so soone as I know by what Authority you do this Bradsh If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of Him back again King I do require that I may give My Reasons why I did not Answer and give Me time for that Bradsh Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradsh The Court have affirmed their Jurisdiction if You will not Answer We shall give order to Record your default King You never heard my Reasons yet Bradsh Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Reasons are not to be heard against a remaining faction of the Commons of England Bradsh Sir we shew it you here the Commons of England and the next time you are brought You will know more of the pleasures of Court and it may be their finall Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradsh Sergeant take away the Prisoner King Well Sir Remember that the King is not suffered to give in His Reasons for the liberty and freedome of all His Subjects Bradsh Sir You are not to have liberty to use this language how great a Friend You have been to the Lawes and Liberties of the People let all England and the world judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that ever I took defended My selfe with Armes I never took up Armes against the People but for the Laws Bradsh The command of the Court must be obeyed no Answer will be given to the Charge So the King was guarded forth to Sir Robert Cottons and the Court adjourned to the Painted-Chamber Tuesday twelve a Clock 82. The 3d. daies Trial of His Majesty Tuesday January 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cook May it please your Lordship my Lord President This is now the third time that by the great grace and favour of the Court the Prisoner hath been brought to the Bar before any Issue joyned in this Case My Lord I did at the first Court exhibite a Charge against Him containing the highest Treason that ever was wrought on the Theater of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute payed Him for that end should be guilty of a wicked Designe to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannicall Government in defiance of the Parliament and their Authority set up His Sandard for Warre against his Parliament and People and I did humbly pray in behalf of the People of England That he may speedily be required to make an Answer to the Charge but my Lord in stead of making any Answer He did then dispute the Authority of this High Court your Lordship was pleased to give Him a further day to put in His Answer which day being yesterday I did humbly move That He might be required to give a direct and positive Answer either by denying or confessing of it But my Lord He was then pleased to demur to the Jurisdiction of the Court which the Court did then over-rule and command Him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgement against Him I might presse your Lordship upon the whole That according to the knowne rulâ—s of the Lawes of the Land that if a Prisoner shall stand contumacious in contempt and shall not put in an Issuable Plea guilty or not guilty of the charge given against him whereby he may come to a faire Triall that by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the emnant â—f the House of Comm. had fâ—rejudged the King before they â—rected this new Court to sentence him and claime a Jurisdiction as well as a Sâ—preme Authority That the House of Commons the Supreme Authority and
Jurisdiction of the Kingdome they have declared That it is notorious that the matter of the charge is true as it is in truth my Lord as cleare as crystall and as the Sun that shines at noone-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalf severall Witnesses to produce and therefore I do humbly pray and yet I do confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Justice and Judgement and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw Sir You have heard what is moved by the Councel on behalfe of the Kingdome against you you were told over and over againe That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did persist in such carriage as you have no manner of obedience nor did you acknowledge any authority in them nor the high Court that constituted this high Court of Justice Sir I must let you know from the Court that they are very sensible of these delaies of Yours and that they ought not being thus Authorized by the Supreme Court of England be thus trifled withall and that they might in Justice and according to the rules of Justice take advantage of these delayes and proceed to pronounce Judgment against you yet neverthelesse they are pleased to give direction and on their behalf I do require you That You make a positive Answer unto this charge that is against you in plaine Tearmes for Justice knowes no respect of Persons you are to give your positive and finall Answer in plaine English whether you be guilty or not guilty of these Treasons laid to your charge King When I was here Yesterday I did desire to speak for the Liberties of the people of England I was interrupted I desire to know yet whether I may speak freely or not Bradsh Sir You have had the resolution of the Court upon the like question the last day and you were told that having such a charge of so high a nature against you Your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your charge when you have once Answered you shall be heard at large make the best defence You can But Sir I must let you know from the Court as their commands That You are not to be permitted to Issue out into any other diâ—â—â—â—â—ses till such time as You have given a positive answer concerning the matter charg'd upon you King For the charge I value it not a Rush it is the Liberty of the people of England that I stand for for Me to acknowledge a new Court that I never heard of before I that am your KING that should be an example to all the people of England to uphold Justice to maintaine the old Lawes Indeed I do not know how to do it you spoke well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my people the same Obligation you spake of I do acknowledge to God that I owe to him and to My people to defend as much as in Me lies the antient Laws of the Kingdome therefore untill that I may know that this is not against the fundamentall Lawes of the Kingdome I can put in no particular Answer if you will give Me time I will shew you My Reasons and this here being interrupted the King said again Whether these breaches and interruptions were made by Bradshaw or whether they are omissions and expunctions of some material parts of the King's Speech which this licenced Pen man durst not let downe I Know not I hear much of the King's Argument is omitted and much depraved none but Licenced-men being suffered to take Notes By your favour you ought not to interrupt Me How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the publique Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty then I was hurried away and brought hither and therfore Bradsh Sir You must know the pleasure of the Court. King By your favour Sir Bradsh Nay Sir by your favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court the Court craves it not of You but once more they command You to give your positive Answer Clerke do your Duty King Duty Sir The Clerke reads Charles Stuart King of England You are accused in behalfe of the Commons of England of diverse high Crimes and Treasons which Charge hath been Read unto You The Court now requires You to give Your positive and finall Answer by way of confession or deniall of the Charge King Sir I say againe to you so that I may give satisfaction to the People of England of the clearnesse of My proceedings not by way of answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a New Court against their Priviledges to alter the fundamentall Lawes of the Kingdome Sir you must excuse me Bradsh Sir This is the third time that You have publiquely disavowed this Court and put an affront upon it how far You have preserved the priviledges of the people Your actions have spoken but truly Sir mens intentions ought to be known by their actions You have written Your meaning in bloudy Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerke Record the default and Gentlemen you that took charge of the Prisoner take Him back againe So the King went forth with His Guards and the Court adjourned to the Painted Chamber the Cryer as at other times crying God blesse the Kingdome of England 83. The fourth and last dayes Triall of His Majesty Saturday 27. Jan. 1648. The Court sate again in Westminster-hall the President was in his Scarlet Robes after him 67. Commissioners answered to their Names The King came in in His wonted posture with his Hat on a Company of Souldiers and Schismaticks placed about the Court to cry for Justice Judgement and Execution The people not daring to cry God blesse Him for fear of being againe beaten by the Souldiers Bradsh Gentlemen it is well knowne to all or most of you here present that the Prisonâ—r at the Bar hath been severall times convented and brought before this Court to make Answer to a charge of High Treason and other high crimes exhibited against Him in the Name
of the people of England to which charge being required to Answer He hath been so far from obeying the commands of the Court by submitting to their Justice as He began to take upon Him Reasoning and Debate unto the Authority of the Court And to the Highest Court that appointed them to Trie and to Judge Him but being over-ruled in that and required to make His Answer He still continued contumacious and refused to submit to Answer Hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans willfulnesse prevent Justice they have considered of the charge of the contumacy and of that confession which in Law doth arise on that contumacy they have likewise considered the notiority of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect He doth desire to be heard before the Sentence be Read and pronounced the Court hath resolved to hear Him yet Sir thus much I must tell you beforehand which you have been minded of at other Courts that if that which you have to say be to offer any debate concerning the Jurisdiction You are not to be heard in it You have offered it formerly and you have struck at the root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a Debate of and which indeed is an irrationall thing in them to do being a Court that act upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in commands to hear You. King Since I see that you will not heare any thing of debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and for the liberty of the Subject I shall wave it but only I must tell you that this many a day all things have been taken away from Me but that that I call dearer to Me than My life which is My Conscience and Mine Honour and if I had a respect of my life more than the peace of the Kingdome and the liberty of the Subject certainly I should have made a particular defence for My life for by that at leastwise I might have delayed an ugly Sentence which I believe will passe upon Me therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeale to my Country had not overborne the care that I have for My owne preservation I should have gone another way to worke than that I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented of than recalled and truely the self-same desire that I have for the peace of the Kingdome and the liberty of the Subject more than My owne particular ends makes Me nâ—w at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted-Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Judges I cannot be Judge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I do conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this Liberty I do protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Jurisdiction of the Court and delay Yet the Court withdrew for half an hower advised upon it and sat againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice and notwithstanding what You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed again and again that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerke read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat wheras the Commons of England in Parliament had appointed them an high Court of Justice for the Trial of Charls Stuart King of England before whom He had been three times convented and at the first time a charge of High Treason and other high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * * Here the Clerk read the aforesaid Charge Which charge being read unto Him as aforesaid He the said Charls Stuart was required to give His Answer but He repused so to do and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charls Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Judgment and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw our Prisoner King I am not suffered to speak expect what Justice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendance of the Court. Oliver Cromwel L. Gen. Com. Gen Ireton Major Gen. Skippon Sir Hardresse Waller Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich. Ingelsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will. Lord Munson Sir John Danvers Sir Tho. Maleverer Sir John Bowcher Sir James Harrington Sir William Brereton Will. Henningham Esq Isaac Pennington Ald. Thomas Atkins Ald. Col. Rowland Wilson Sir Peter Weentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Col. John Berkstead Sir Will. Cunstable Col.
Edward Ludlow Col. Jo. Hutchingson Col. Robert Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Esq Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho. Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennis Bond Esq Humph. Edwards Esq Gregory Clement Esq John Fray Esq Tho. Wogan Esq Sir Greg. Norton Serj. John Bradshaw Col. Edm. Harvey John Dove Esq Col. John Venn John Foulks Alder. Thomas Scot. Tho. Andrews Alder. William Cawley Esq Col. Anthony Stapley John Lisle Esq John Corbet Esq Thomas Blunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq William Say Esq Col. Matth. Thomlinson John Blackston Gilb. Millington Abraham Barrell Col. Jo. Downes Norton L. Gen. Tho. Hammond Nich. Love Vincent Potter Augustine Garland Sir Miles Lyvesey Jo. Dixwell Simon Mayne Daniel Blagrave Col. Robert Lylburne Col. Rich. Deane Col. Huson L. Col W. Goffe Master Carewe Jo. Joanes Mr. Bradshaw nominated President Counsellours assistant to this Court and to draw up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerke to the Court. Messengers and Dore-keepers are Master Walfard Mr. Radley Mr. Paine Mr. Powell Mr. Hull and M. King Crver 85. Observations upon the tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded and frighted away And in order to this designe against the King the House of Peers â—â—â—d downe and yet the House of Commons when intire â—s 〈◊〉 Court of Judicature nor can give an Oath Had indifferent 〈◊〉 been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating Tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a civil Martyr dying for the Liberty of the people And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. February Cromwell and Ireton and their canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their requests are commands to enable the said Councel to hang all such as they shall adjudge Disturbers of the Army 2. Part of Englands liberty in Chains sub fine And the Hunting of the Foxes c. although no Members of the Army they must have publique Slaughter-houses in terrorem as well as private ad poenam the nature of their cause and their naturall conditions requiring it Oliver is a Bird of prey you may know by his Bloudy Beake so was his Prodomus that Type and figure of him John of Leyden than whom this Fellow will shortly prove farre more bloudy you see this schismaticall remnant of one House have the impudence to usurp the Supreme Authority to themselves And then to tell you that the Votes of this petty conventicle calling themselves the Commons are the Law nay the Reason of the Land thereby divesting us of those Lawes which shall distinguish us from Slaves and denying us the use of our reason whereby we are differenced from Beasts and expecting an implicite faith and blind obedience from us to all the Votes of this half-quarter of an House of Commons so farre that they Vote obedience to the known Lawes in many cases to be Treason and what all our Lawes call Treason they Vote no Treason nay should they vote a Turd to be a Rose or Olivâ—rs Nose a Ruby they would expect we should sweare it and fight for it This legislative Den of Thieves erect new Courts of Justice neither founded upon Law nor Prescription Theaters of illegal tyranny and oppression to take away mens lives Arbitrarily for Actions which no Law makes criminous nay for such acts as the Lawes command where their proceedings are contrary to Magna Charta and all our known Lawes and usages not per probos legales homines no Juries no sworn Judges authentically chosen no Witnesses face to face no formal Indictment in which a man may find errour and plead to the jurisdiction of the Court or where the Court ought to be of Councel with the Prisoner but the same engaged and vowed Enemies are both Parties Prosecutors Witnesses Judges or Authorizers and Nominators of the Judges Actors of all parts upon that stage of blood The King pressed earnestly especially upon Monday 22. Jan. to have his Reasons against the Jurisdiction of the Court heard but was as often denied He intended then to give them in writing which was likewise rejected so they were sent to the Presse A true Copie whereof followes His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he intended to deliver in Writing on Monday Jan. 22. 1648. Faithfully transcribed out of the Original Copy under the Kings own hand 86. His Majesties Reasons against the Jurisdiction of the high Court of â—ustice published after His condemnation HAving already made my Protestations not only against the Illegality of this pretended Court but also that no earthly power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this ocasion more then to refer my self to what I have spoken were I alone in this case concerned But the duty I owe to God in the preservation of the true Liberty of my people will not suffer Me at this time to be silent For how can any free-borne Subject of England call life or any thing he possesseth his owne if power without right dayly make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest man in England for I will not like you without shewing a
Reason seek to impose a beliefe upon My Subjects * * 93. Hereabout I was stopt and not suffered to speak any more concerning Reasons There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denyed I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles 8.4 Then for the Lawes of the Land I am no lesse confident that no learned Lawyer will affirme that an Impeachment can lye against the KING they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamental Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the People of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farre are you from having it Thus you see that I speak not for My owne right alone as I am your King but also for the true Liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their publike Faith I believe ever was heard of with which I am farre from charging the two Houses for all the pretended crimes laid against Me beare date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the two Houses agreement thereunto I was suddenly surprised and hurried from thence as a Prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My owne just Right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well knowne that the major part of them are detained or deterr'd from sitting so as if I had no other this were sufficient for Me to protest against the lawfullnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of Settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late yeares under the Reign of Queen Elizabeth the King my Father and My self until the beginning of there unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Armes I took up were onely to defend the fundamental Lawes of this Kingdom against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either clear Reasons to convince My judgment shewing Me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-hall on Munday 22. January but against reason was hindered to shew My Reasons 87. Alteration of the formes and styles of Writs and Legall proceedings The 27. Jan. The Commons read the Act for Altering the formes of Writs and other proceedings in Courts of Justice which according to all our known Laws the custome of all Ages and the fundamental Government of this Kingdome ever ran in the Kings Name This Act upon the Question was assented to and no concurrence of the Lords desired of this more hereafter 88. A Proclam to be brought in prohibiting the Pr. of Wales or any of the Kings Issue to be proclaimed King of England The Junto of 50. or 60. Commons appointed a Committee to pen a Proclamation That if any man should go about to Proclaim Prince Charles or any of that line King of England after the removal of King Charles the Father out of this life as is usually and ought to be done by all Mayors Bayliffs of Corporations High-Sheriffs c. under high penalties of the Law for their neglect or shall proclaim any other without the consent of the present Parliament the Commons declare it to be High Treason and that no man under paine of Imprisonment or such other arbitrary punishment as shall be thought fit to be inflicted on them shall speak or preach any thing contrary to the present proceedings of the Supreme Authority of this Nation the Commons of England assembled in Parliament Your hands and feet liberties and consciences were long since tied up 89. The Bishop of London appointed by the Ho. to administer spiritual comfort to the condâ—mned King and the Kings usage by the Army See Mr. Jo Geree's Book against Goodwin called Might overcoming right And Mr. Pryns Epistle to his Speech 6. Dec. 1648. now you are tongue-tied Upon motion the House ordered That Doctor Juxon Bishop of London should be permitted to he private with the King in His Chamber to preach and Administer the Sacraments and other spirituall comforts to Him But notwithstanding their Masters of the Councel of Warre appointed that
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
and reason captive and is almighty against all but the Councell of the Army The 8. Febr. came forth A Declaration and Protestation of the Peeres Lords and Barons of this Realm 99. A Protestation of the Peers against the late treasonable proceedings and tyrannicall usurpations of some Members of the Commons House who endeavour to subvert the fundamentall Laws and Regall Government of this Kingdom and enslave the People to their boundless Tyranny in stead of Freedom The Protestation followeth VVE the Peers Lords and Barons of this Realm of England for the present necessary vindication of the undoubted Rights and Priviledges of Parliament and more particularly of the House of Peers the just Prerogatives and Personall safety of our Kings the known Laws and Liberties of this Kingdom the Hereditary Freedom of all the Freemen of this Nation and our own affronted and contemned Honours and Authority against the many late unparallel'd dangerous Invasions and treasonable Vsurpations of a few insolent mis-advised Members of the late House of Commons whiles the greatest and ablest part of that House were forcibly detained or deterr'd from thence wherewith we find our selves and the whole Kingdom unsufferably injured and deeply afflicted Do after a long patient expectation of their own ingenious Retractions of such injustifiable Exorbitancies which their own judgements and consciences cannot but condemn whereof we now utterly despair being thereto engaged in point of Honour Loyalty Conscience Oath and love to our Native Country as also by our Solemn League and Covenant publikely declare and protest to all the world That by the Laws and Customes of this Realm and usage of Parliament time out of mind ever since there were Parliaments in this Island the principall Authority and Iudicatory of the Parliaments of England hath alwaies constantly resided and ought still to continue onely in the King and House of Peers wherein He alwaies sits and not in the Commons House who never had claimed nor ought to have any right or power to judge any Person or Cause civilly or criminally having no authority to examine any Witnesses upon Oath and being no Court of Record but onely to accuse and impeach Delinquents in and before the House of Peers where they alwaies have used to stand bare-beaded at their Barre but never yet to stand covered much less to sit vote or give Judgement And that the House of Commons without the concurrent assent of the House of Peers and Kings of England never heretofore challenged nor enjoyed nor can of right pretend to any lawfull power or Jurisdiction to make or publish any form or binding Ordinance Vote Act or Acts of Parliament whatsoever nor ever once presumed to pass any Act or Acts to erect a new High Court of Justice to try condemn or execute the meanest Subject least of all their own Soveraign Lord and King or any Peer of the Kingdome who by the Common and Statute Laws of this Realm and Magna Charta ought to be tried only by their Peers and not otherwise or to dis-inherit the right Heir to the Crown or to alter the Fundamental Government Laws Great Seal or ancient forms of process and legal proceedings of this Realm or to make or declare High Treason to be no Treason or any Act to be Treason which in it self or by the Law of the Land is no Treason or to dispose of any Offices or Places of Judicature or impose any Penalties Oaths or Taxes on the Subjects of this Realm And therefore we do here in the presence of Almighty God Angels and Men from our hearts disclaim abhor and protest against all Acts Votes Orders or Ordinances of the said Members of the Commons House lately made and published for setting up any new Court of Justice to try condemn or execute the King or any Peers or Subject of this Realm which for any Person or Persons to sit in or act as a Judge or Commissioner to the condemning or taking away the life of the King or any Peer or other Subject We declare to be High Treason and wilful Murther to disinherit the Prince of Wales of the Crown of England or against proclaiming him King after his Royal Fathers late most impious traiterous and barbarous murther or to alter the Monarchical Government Laws Great Seal Judicatories and ancient forms of Writs and legal process and proceedings or to keep up or make good any Commissions Judges or Officers made void by the Kings bloody execution or to continue any old or raise any new Forces or Armies or to impose any new Taxes Payments Oaths or forfeitures on the Subjects or to take away any of their Lives Liberties or Estates against the Fundamental Laws of the Realm or to make any new Judges Justices or Officers or set aside the House of Peers far ancienter than the Commons House and particularly this insolent and frantick Vote of theirs Feb. 6. 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 to be not onely void null and illegal in themselves by the Laws and Statutes of this Realm but likewise treasonable detestable tyrannical and destructive to the Priviledges Rights and being of Parliaments the just Prerogatives and Personal safety of the Kings of England the Fundamental Government and Laws of the Realme the Lives Liberties Properties and Estates of the People and the most transcendent tyranny and usurpation over the King Kingdome Parliament Peers Commons and Freemen of England ever practised or attempted in any Age tending onely to dishonour enslave and destroy this antient flourishing Kingdom and set up Anarchy and confusion in all places All which exorbitant and trayterous Usurpations We and all free-born Englishmen are by all obligations bound to oppose to the uttermost with our â—â—â—es and fortunes lest We shâ—uld be accessary to our own and our Posterities slavery and ruine for preventing whereof We have lately spent so much blood and treasure against the Malâ—gnant Party whose Treasons and Insolencies they far exceed * 100. The Kingly Office voted down after almoâ—t 1000 years it is now discovered by these new Lights to be inconvenient to be in one hand therefore it must be in the Councel of State forty Tyrants for one King that is the Army and their Party The 7. Febru the Commons debated about the Kingly Office and passed this Vote Resolved c. By the Commons of England assembled in Parliament that it hath been found by experience and this House doth declare That the Office of a King in this Nation and to have the power thereof in any single Person is unnecessary burdensome and dangerous to the liberty safety and publike Interest of the People of this Nation and therefore ought to be abolished and that an Act be brought in for that purpose 101. A Committee to bring in a list of Names for a Councel of State A Committee was named to bring in a list
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
have no power nor authority to make or alter the Great Seale of England or grant any Commissions to any Commissioners Judges Sheriffs Justices of the Peace or any other That all the Commissions granted by them under their New or any other Seale are meerly void and illegall and all the new Writs and proceedings in Law or Equity before any Judges Justices Sheriffs or other Officers made by them meerly void in Law to all intents coram non judice 4. That the deniall of the KING's Title to the Crowne and plotting the meanes to deprive Him of it or to set it upon anothers Head is High Treason within the Statute of 25. Ed. 3. ch 2. And that the endeavouring to subvert the Fundamentall Lawes and Government of the Realme of England by King Lords and Commons and to introduce a tyrannicall or arbitrary Government against Law is High Treason at the Common Law especially in Judges and Lawyers not taken away by any Statute Both which Mr. St. John in his Argument at Law concerning the Bill of attainder of high Treason of Tho. E. of Stafford published by order of the Com. House An. 1641. p. 8. 14. to 33. and 64. to 78. And in his Speech as a conference of both Houses of Parl. concerning Ship-mony An. 1640. hath proved very fully by many reasons and presidents and Coke in his 7. Report f. 10 11 12 and 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Image or Style in granting new illegall Commissions to Judges Justices of Peace Sheriffs and other Officers in the name of Custodes Angliae in the generall in omitting and altering the Kings Name Style and Title in Writs Processe Indictments and proceedings at the Common Law and thereby indeavouring to Dis-inherit the Prince now lawfull King by and since his Fathers bloudy murther and to alter and subvert the Fundamentall Lawes and Government of the Realme by such commissions and proceedings and by the power of an Army to enforce them and the Judges Justices Sheriffs and other Officers who accept of such Commissions and all those especially Lawyers who voluntarily assist consent and submit to such Commissions and Alterations by such usurped illegall Authority and the Commissioners sitting in the new Courts of Justice are most really guilty of both these high * * Whereupon six Judges refused to accept any new Commissions or to act as Judges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Judges and sitting Members impeached and prosecuted to death for those very Treasons themselves now act in a more apparent and higher degree than they and in respect of their oaths covenant callings and places are more obliged to maintaine the Kings Title the Fundamentall Lawes and Government the Rights and Liberties of the Kingdome and Parliament then they and therefore if they persevere therein may justly expect the self-same capitall punishments they underwent if not farre worse especially since they attempt to reduce the antientest Kingdome of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the most infamous perfidious and dishonourable Nation under Heaven both to the present and all succeeding Ages which must needs make the contrivers and Abetters thereof the most detestable Traytors and publique Enemies to their King and native Country that ever this Realme brought forth in any Age. Repent therefore of these your Treasons and amend your lives if you expect the least hope of pardon from God or Man and expiate all your former high misdemeanours by engaging all your power and endeavours to settle all things in Church and State according to your primitive engagements instead of accumulating one sin and Treason to another which will prove your certaine ruine in conclusion not your safety About the same time and it is thought from the same Author came forth a Paper bearing the Title of 110. Six propositions of undoubted verity Another Paper Every Act of Parliament relateth to the first day of the same Parliam but it cannot be that any Act passed in the Reigne of King Charles the second should relate to the first day of this Parliament which happened in the sixteenth yeare of Charles the First ergo this Parliament is determined by the death of King Charles the first ¶ Six Propositions of undoubted verity fit to be considered in our present exigency by all loyall Subjects and conscientious Christians 1. THat this Parliament is ipso facto Dissolved by the King's death He being the Head Beginning and End of the Parliament called onely by his Writ to confer with Him as His Parliament and Councel about urgent affaires concerning Him and His Kingdome and so was it resolved in 1. Hen. 4. Rot. Parl. n. 1. 14 H. 4. Coke 4. Instit p. 46. 4. c. 4. f. 44. b. 2. That immediately upon this Parliaments dissolution by the Kings death all Commissions granted by the King or by one or both Houses to the Generall or Officers of the Army the Commissioners of the great Seale of England Judges of the Kings Courts Justices of Peace Sheriffs Excise-men Customers and the like with all Committees and ordinances of one or both Houses made this Parliament did actually determine expire and become meerly void in Law to all intents and purposes and cannot be continued as good and valid by any Power whatsoever 3. That instantly after the Kings decease the Imperiall Crowne of this Realme of England and of the Kingdomes Dominions and Rights thereunto belonging was by inherent Birth-right and Lawfull undoubted succession and descent actually vested in the most Illustrious Charles Prince of Wales being next lineall Heire of the bloud Royall to his Father King CHARLES and that He is actuall KING thereof before any ceremony of Coronation as is resolved in full Parliament by the Statute of 1. Jacobi ch 1. and by all the Judges of England since Coke 7. Report f. 10 11. in Calvins case Whose Royall Person and Title to the Crowne all loyall Subjects are bound by their Oaths of Supremacy Allegiance and Solemne League and Covenant with their Estates Lives and last drop of their blouds to maintaine against all Opposers 4. That all Peers of the Realme Mayors Sheriffs chief Officers of Cities and Corporations in this Kingdome are obliged by their Places and Allegiance without any delayes or excuses to declare and proclaime Prince Charles to be rightfull King of England and of all Kingdomes and Rights thereunto belonging notwithstanding any illegall prohibitions or menaces to the contrary by any usurped Power whatsoever under paine of being guilty of High Treason and forfeiting their City and Corporation Charters in case of supine neglect or refusall thereof through fear terror or any sinister respect 5. That till King Charles be setled in his Throne or give other Order the present Government of the Kingdome is legally vested
onely in the Lords and Peers of the Realme being by Inheritance custome and Law in such case the Kings and Kingdoms great Councel to whose lawfull commands all other Subjects ought to yeeld ready Obedience 6. That every professed actuall endeavour by force or otherwise to alter the fundamentall Monarchicall Government Laws and legall Style and proceedings of this Realme and to introduce any new Government or Arbitrary proceedings contrary thereunto is no lesse then High Treason and so declared and resolved by the last Parliament in the cases of Strafford and Canterbury the losse of whose Heads yet fresh in memory should deterre all others from pursuing their pernitious courses and out-stripping them therein they being as great potent and as farre out of the reach of danger and justice in humane probability as any of our present Grandees 111. A New Stamp for Coyne That no Act of Rebellion and Treason might be unattempted by this Conventicle no part of the Regalities of the King or peoples Liberties unviolated they considered of a New Stamp to be given to all Coyne for the future of this Nation 112. Instructions for the Councel of State 13. Febr. They considered of Instructions and Power to be given by way of Commission to the said Committee or Councel of State 1. For the Government of the two Nations of England and Ireland appointing a Committee to bring in the Names of these Hogens Mogens and to perfect their Instructions for 1 Ordering the Militia 2 Governing the People they were wont to be Governed by knowne Lawes not by Arbitrary Instructions and by one King not by forty Tyrants most of them base Mechanicks whose education never taught them to aspire to more knowledge then the Office of a Constable 3 Setling of Trade most of them have driven a rich Trade in the work of Reformation for themselves 4 Execution of Lawes this was wont to be done by legall sworne Judges Juries and Officers 113. Powers given to the Councel of State 14. Eebr The Committee reported to the House the Names of the Committee of State or Lords States Generall Also the Power they were to have viz 1. Power to command and settle the Militia of England and Ireland 2. Power to set forth Ships and such a considerable Navy as they should think fit 3. Power to appoint Magazines and Stores for the Kingdoms of England and Ireland and dispose of them from time to time for the service of both Nations as they shall think fit 4. Power to fit and execute the severall powers given for the space of one whole yeare with many other powers not yet revealed and daily increased besides what improvements of Power they are able to make hereafter having the Militia of an Army that formidable Hob-goblin at their command They have two Seales appointed a Great Seale and a Signet Patents for Sheriffs and Commissions for Justices and Oaths for both were reformed according to the Godly cut When the Committtee of State was nominated in the House 114. An expurgatory Oath put upon the Councel of State scrupled by some of the Members and moderated by Cromwell â—n opposition of the Levelâ—ers divers Gentlemen of the best quality were named whom they could not omit because they had sat with them and concurred in all their great debates although they had more confidence in those petty Fellows who had or would sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbear they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation whereby they should declare That they approved of what the House of Commons and their High Court of Justice had done against the KING and of their abolishing of Kingly Government and of the House of Peers and that the Legislative and Supreme power was wholly in the House of Commons 22. Febr. Cromwell Chairman of that Committee of State reported to the Commons That according to the Order of that House 19. of the said Members had subscribed to that forme of the Oath as it was originally penned but 22. of them scrupled it whereof all the Lords were part not but that they confessed except one The Commons of England to be the Supreme power of the Nation or that they would not live and die with them in what they should do for the future but could not confirm what they had done in relation to the King and Lords so it was referred to a Committee to consider of an expedient Cromwell having made use of the Levellers 115. Cromwells usurped power When the House of Commons opposed Cromwels and Iretâ—ns designes they cried up the Libertie of the People and decried the Authority of Parliament until they had made use of the Levellers to purge the House of Commons and make it subservient to their ends and abolish the House of Lords and then they cried up the Supreme Auâ—horitie of their House of Commons and decried the Liberty of the people and the Levellers who upheld it So Charles the 5. first made use of the Popes Authority to subdue the Protestâ—nts of Germany and then used an Army of Protestants to subdue and imprison â—he Pope Assertors of publique Liberty to purge the House of Commons and abolish the Lords House doth now endeavour to cast down the Levellers once more finding himself raised to so great an height that he cannot endure to think of a levelling equality he overswayes the Councel of Warre over-awes the House of Commons and is Chairman and Ring-leader of the Councel of State so that he hath engrossed all the power of England into his own hands and is become the Triple-King or Lord Paramount over all the Tyrants of England in opposition therefore to the Levelling party and for the upholding his own more Lordly Interest he procured an expedient to Alter and Reforme the said Oath which at last passed in this forme following February the 22. 1648. 116. The forme of the said reformed Oath I A. B. being nominated a Member of the Councel of State by this present Parliament do testify that I do adhere to this present Parliament in the maintenance and defence of the publique liberty and freedome of this Nation as it is now Declared by this Parliament by whose Authority I am constituted a Member of the said Councel and in the maintenance and defence of their resolutions concerning the setling of the Government of this Nation for the future in way of a Republique without King or House of Peers and I do promise in the sight of God that through his Grace I will be faithfull in performance of the trust committed to me as aforesaid and therin faithfully pursue the Instructions given to the said Councel by this present Parliament Mere you see a curtain drawn between the eyes of the people and the clandestine machinations and actings of this Councell and not reveale or
of Soldiers as well as others as appeares by 18. H. 6. c. 19. 2 3 E. 6. c. 2. 4. 5 P. M. c. 3. 5 El. 5 5 Jam. 25. is an absolute destroying of our Fundamental Liberties and the razing of the Foundation of the Common Law of England the which out of Duty and Conscience to the Rights and Freedoms of this Nation which we value above our lives and to leave You and Your Councel without all excuse we were moved to represent unto Your Excellency Earnestly pressing You well to consider what You do before you proceed to the taking away the lives of those men by Martial Law least the bloud of the Innocent and so palpable Subversion of the Lawes and Liberties of England bring the reward of just vengeance after it upon You as it did upon the Earle of Strafford For Innocent bloud God will not pardon and what the people may do in case of such violent Subversion of their Rights we shall leave to Your Excellency to judge and remaine Sir Your Excellencies humble Servants IOHN LILBURNE RICH. OVERTON From our Causlesse and unjust and Tyrannicaâ— Captivity in the Tower of London April 17. 1649. Notwithstanding which Letter and much other meanes made the said Lockier was Shot to Death in Saint Paul's Church-yard the same day to strike a terror and slavish feare into such other Souldiers as shall dare to take notice of their approaching slavery but his Christian and gallant deportment at his death with the honourable funerall pomp accompanying him to his Grave turned all the error of his Tragedy into hatred and contempt of the Authors thereof 152. Arreares given to Col. A. Pâ—pham H. Martin temptations put upon Lilburne and Joyce About this time the House of Commons gave to Col. Alexander Popham all his Arreares and to Harry Martyn 3000 l. to put him on upon the holy Sisters and take him off from the Levellers And Cromwell is now playing the Devils part shewing the Kingdomes of the earth and tempting John Lilburn to fall down and worship him to forsake his good principles and engagements and betray the liberties of the people but L. Col. Lilburne is higher seated in the good opinion of the People than to be suspected of so much basenesse who are confident he will as constantly resist false promises and vain hopes as he hath vain threats and terrors of Indictments and not cast away the hold he hath of immortality by hearkning to such a Syrene whose promises are but baits with a hook hidden under them and his preferments but like Mahomets paradise he that hath cousened all the Interests of the Kingdome will not scruple to cheat his enemy a free-spirited plaine meaning man This is to undermine and blow up his credit with his party and make him liable to a revenge hereafter He that stoops to the lure of a known enemy is guilty of inexcusable folly and a Betrayer of himselfe especially having had so faire a Copie of Constancy set him by Coronet Joyce who hath with much faithfulnesse resisted the like allurements and so foule a Copy of Inconstancy by Reynolds The Commons have ordered 153. The design of making Members of Parliament liable Arrests That upon Complaint made to any Judge of the three Benches the Judges shall send a Letter of Summons tâ—â—â— ch Member of their House as shall be complained of to give an appearance and submit to legal proceedings otherwise his person to be liable to Arrests But our present Judges are Creatures to the House of Commons and know before-hand what Members are Babes of Grace in favour and must be priviledged and who are out of favour and must not be priviledged they have an Index tells them when to grant and when to deny Sinners must not be partakers of the same Laws with Saints This is a Whip and a Bell to drive such dogged Members out of the Hall as will not hunt in pack with the Grandees in pursuit of their designe and are quick-sented enough to smell out their Knavery if they come too near their door It is thought the tyrannical Hocas Pocasses had an aime hereby to lash Harry Martin off from the Levellers and make him come in to them 154. Women Petition the House for L. Col. Lilburne and his Company About this time some thousands of well-affected Women of London Westminster Southwarke and the Hamlets stormed the House of Commons with two Petitions in behalf of Jo. Lilburne and his Company They complain of the Councel of States violent and illegal proceedings against them in seizing them in the night by Souldiers of Lockiers being shot to death by Martial Law of their Arbitrary Government Taxes Excise Monopolies c. That there was a designe to fetch Lilburne and his Fellow Prisoners out of the Tower at midnight to White-hall Second part of Englands new Chaines discovered and there murder them That the House by Declaring the Abettors of the Book laid to those Prisoners charge Traytors have laid a snare for people when as hardly any discourse can be touching the affaires of the present times but falls within the compasse of that Book so that all liberty of discourse is thereby utterly taken away then which there can be no greater slavery They received not so good Answers to these Petitions as they were wont to receive when they had Money Plate Rings Bodkins and Thymbles to sacrifice to these Legislative Idols they were bid Go home and wash their dishes to which some replied They had neither Dishes nor Meat left Note that the Commons have returned answer to some Petitioners that Lilburne shall be Legally Tried by Laws preceding the fact 155. Observations upon the Commons Answer to those that petitioned for Lilburne c. and yet by their Order 11. April 1649 it is Ordered That the Atturney General be required to take speedy course for prosecution of Lieu. Col. John Lilburne c. in the Vpper Bench this Terme upon the Declaration of this House touching the Book entituled The second part of Englands new Chaines discovered if this Order be not a Law and preceding the fact too then our suprene Saints have told a Legislative Lie In the latter end of the said Answer they are angry the Petitioners should discover so much of their basenesse That Cromwell and Ireton rides them and therefore contrary to all mens knowledge and their owne Consciences they terme those Intimations seditious Suggestions and Ordered that Cromwell and Ireton should draw up a Declaration to prevent the people from being mis-led by Sowers of sedition Humiliter servivunt aut superbe dominantur such are the degenerous Spirits of under-Tyrants who are Asses to their Superiors and Lyons to their Inferiors Cromwell and Ireton that have subverted all civill Authority murdered the KING possessed themselves of what they please and enslaved the Kingdome with a Military tyranny must draw up a Declaration according to their
England although I dare say at least five hundred to one if they were free from the terrour of an Army would disavow these horrid Acts so little are the People pleased with these doings notwithstanding the new Title the Conventicle of Commons have gulled them withall Voting the People of England to be The Supreme Power and the Commons representing them in Parliament the Supreme Power of the Nation under them This was purposely so contrived to ingage the whole City and make them as desperately and impardonably guilty as themselves and certainly if this Tumult of the People amounting to a publick disclamour of the Act had not happened the whole City had been guilty by way of connivance as well as these Aldermen and the illegal Common Councel newly packed by the remaining Faction of Commons contrary to the Cities Charters to carry on these and such like Designs and intangle the whole City in their Crimes and Punishments * The Names of the Lord Mayor and Aldermen of the City of London that personally proclaimed the Act for abolishing Kingly Government Alderman Andrews Lord Mayor Alderman Pennington Ald. Wollaston Ald. Foulkes Ald. Kenrick Ald. Byde Ald. Edmonds Ald. Pack Alderman Bateman Ald. Atkins Ald. Viner Ald. Avery Ald. Wilson Ald. Dethick Ald. Foot The Pharisaical House of Commons voted an Act June 1. 171. A Thanks-giving Dinner in the City for the General c. for a day of Thanks-giving to set off K. Olivers Victory over the Levellers with the more lustre and to sing Hosanna to him for bringing the grand Delinquent to punishment The wise Lord Mayor and his Brethren in imitation invited the Parliament Councel of State the General and his Officers to a Thanks-giving Dinner upon that day The Commons appointed a Committee under pretence of drawing more money from Adventurers for the Relief of Ireland to ingage the City farther to them Cromwel had the Chair in that Committee the device was that the Common Councel should invite the Parliament Councel of State and Officers of the Army to Dinner and feast them as a Free-State and then move the Supplies for Ireland But if the Levellers had prevailed the Thanks-giving white-broth and custard had been bestowed upon those free-spirited Blades whom Oliver raised into a mutiny with one hand and by advantage of his Spies cast down with another for the glory of his own Name and that he might have occasion to purge the Army as he had done the Parliament of all free-born humours 172. The Councel of State sit in pomp at White-hall White-hall is now become the Palace of a Hydra of Tyrants instead of one King where our Hogens Mogens or Councel of State sit in as much state and splendour with their Rooms as richly hanged I wish they were so too and furnished if you will believe their licenced News-books as any Lords States in Europe yet many of these Mushromes of Majeâ—ty were but Mâ—chanicks Gold-smiths Brewers Weavers Clothiers Brewers Clerks c. whom scornful Fortune in a spiteful merriment brought upon the Stage and promoted to act the parts of Kings to shew that Men are but her Tennis-balls and when she is weary with laughing at their disguises will turn them into the Tyring Room out of their borrowed cases and shew us that our Lions are but her Asses The Kings poor Creditors and Servants may gape long enough like Camelions to see the aforesaid Ordinance executed for sale of the Kings Goods to pay their Debts they poor Souls are left to starve while these Saints Triumphant revel in their Masters Goods and Houses 173. A general survey to be taken of the whole Kingdome that every mans Estate both real and personal may be taxed Orders about this time were sent forth into London and the Counties adjacent for certain Committees to enquire upon Oath and certifie the improved value and revenue of every mans estate real and personal wherein good progress hath been made already the like is to go forth throughout the Kingdome That our forty mechanick Kings now sitting in White-hall and the self-created supreme Authority of the Nation may take an exact survey in imitation of William the Conquerors Book of Survey called Domes-day remaining in the Exchequer of their new conquered Kingdome and know what they are like to get by their villanies and how to load us with Taxes and Free-quarter and what the value of their Estates are when they have compleated their Design of Sequestring the Presbyterians as they have done the Royalists The faction in the House are this beginning of June 174. An Act enabling Committees to give Oaths 1649. sitting abrood upon an Act to inable Committees to give Oaths in some cases and yet the House of Commons never had nor pretended to have power to give Oathes themselves though every Court of Py-p wders hath because the House of Commons is no Court of Judicature but only the Grand Inquest of the Kingdome to present to the King the grievance and the necessities of the People by way of humble Petition as appears by the Law-books and Statutes and therefore the Commons can grant no more than they have themselves But now the remaining faction of the House have voted themselves to be the supreme Authority of the Nation and have a Sword to maintain it they and we must be what they please yet I must affirm that to take illegal Oaths is never justifiable before God nor Man and no less than damnable But it may be that by accustoming the People to take these new-imposed illegal Oaths they hope to make them the more easily swallow their intended new Oath of Allegiance to their new State and their own Damnation together hereafter All the Scrivenors about the Town are commanded by the Supreme thing to produce their Shop-books 175. Scrivenors commanded to shew shop-books that notice may be taken who are guilty of having money in their purses that the fattest and fullest may be culled out and sequestred for Delinquents now that their almighty Saint-ships have occasion to use it for defence of their Free-State if they would but search one anothers private pockets they would finde money enough The like attempt onely in the Kings time was cried out upon as a high piece of tyranny but nothing can be tyranny under a Free-State The Supreme Authority being so full a Representative-glass of the People that it takes our very substance into it self and leaves us onely the shadow whilst we wander up and down like our own Ghosts who having lived under the Monarchy of Good King CHARLES are now dead and descended like shades into the Kingdome of Pluto The 7. June 176. The aforesaid Thanksgiving solemnized 1649. the Thanks-giving spoken of Sect. 172. was solemnized in the City The Lord Mayor meeting the Speaker resigned to him as formerly was used to the King the Sword of State as had been ordered by the House the day before and received it again from
be again set and knit together Dictum de Kennelworth None to be Dis-inherited but onely fined As namely Those 1. That began and continued in War 2. That held Northampton against the King 3. That fought against him at Lewis Evesham Chesterfeild 4. That were taken at Kenilworth 5. That sacked Winchester being yet unpardoned 6. That voluntary sent against him or the Prince 7. The officers of the Earl of Leicesters who molested their Neighbours with Rapine Fire Murder or otherwise to pay in three years five years value and half their estates of Land If they sell it such as are by the Kings grant possessed of them to have them giving as any other c. and so if it be to be Let those who pay the whole to have all instantly and that pay half to have half If in three years the whole be unpaid the Land to be divided between him that ows it and him to whom the King hath given it If any have Woods by sale of which he would pay his Fine the money to be paid by two of which either side to chuse one 2. Knights and Esquires who during the War have enriched themselves by Rapine having no Land to pay half their goods and be bound with Sureties to the peace if no goods be acquitted by Oath exceptis bannitis quibus solus Rex potest remittere 3. Lords of Wards to pay for them and be answered by their Wards when they come to age which if they accept not the Wardship to accrue to such as the King hath given the Ransome to and they to be so answered 4. The Kings Wards to remain where they are placed and be Ransomed as others but without destruction 5. Such as were with the King before the battel of Lewis and since are Dis-inherited His Majesty to declare his pleasure touching them 6. No man possest of wood to fell any but onely for repair till the last day of payment be passed and not observed 7. The King and the Popes Legate to send beyond sea for a time such as are likely to trouble the peace of the Kingdome which if it hindered the paying of their Ransome not for that to be Dis-inherited 8. Such as were grieved with this Agreement might appeal to the Kings Court before S. Hilary and such as were beyond sea to have inducias transmarinas 9. Because the King was to reward many and some had too much the King out of the Fines to provide for them 10. The Legate King and Henry d'Almain to Elect twelve who should eause these Articles to be executed and to see performed what they ordain according to the estimates already taken or if not to have new rates taken reasonable and true 11. Tenents that were against the King to lose their Leases but at the expiration of their time the Land to return to the true owner 12. Forts built by the assent of the King but without that of the Person dis-inherited after the Fine paid in three years to pay the costs of building of it in six years or receive a reasonable exchange in Land 13. Such of the Lay as apparently drew any to the part of the Earl of Leicester to pay two years Revenue 14. The Buyers of other mens goods wittingly to restore the value of that they have bought and be at the Kings mercy because that they did was against justice 15. Those that at the Earls command entred Northampton yet fought not but entred the Church 16. Such as held not of the Earl yet at his command entred to the action with him to pay half one years Revenue 17. Such as held of the Earl to be only at the Kings mercy 18. Impotent persons and such as did nothing to be restored to their Possessions and by justice recover their damages their Accusers punish'd by Law yet without loss of life or limb 19. Maliciously accused to have their Estates immediately restored 20. Women to have their own Lands and what they had of their first Husbands if their late Husbands were against the King to be restored according to Law or Fined 21. None to be fined but such as were against the King 22. Such as have been pardoned to remain so 23. Those that are fined to answer no Loss done to any but all damages to be remitted on every side except those that intermedled not and of the Church whose actions are saved 24. The King by reasonable Exchange to receive the Castles of Erdsley-Bishop and Chartley it seeming dangerous to leave Forts in their hands who have carried themselves ill towards the King 25. Those that in the future shall commit any outrages to be punished by Law 26. An Oath to be taken where it shall be held convenient not to pursue each other with revenge and if any shall attempt the contrary to be punished according to Law 27. The Church to be satisfied by those that injured it 28. Such of the Dis-inherited as refuse this Composition to have no Title to their Estates and to be esteemed publick Enemies to the King and Kingdome 29. Prisoners to be freed by the advice of the King and Legate 30. No Person to be Dis-inherited by reason of these Troubles by any to whom he ought to Succeed You see what great care was here taken to prevent spoyl and waste of Woods c. whereas in this latter Age the first thing taken into consideration is how to raise ready Money by destruction of Woods Housing and selling of the Stock to lay the Lands waste and decay Husbandry to the endangering of a Famine for the present and the Dis-inheriting our innocent Posterity for the future so little care is taken to keep that well which is so ill and illegally gotten And how much regard was had to preserve innocent Persons from suffering wrong in any just claim or Title they could make to any Land possessed by a guilty Person whether they claimed by Dower Joynture Title or Estate in Reversion or Remainder or otherwise I wish the like justice were now observed Monday night 4. June 178. The loss of Ships at Kingsale suppressed and misreported in the House and why 1649. that third part of a Lord Admiral Col. Edw. â—opham came to Westminster and presently made his Addresses to the high and mighty Estates in White-hall giving them a dismal Relation of his ill success in tampering with the Governour of Kingsale in Ireland who proving honester than the Saints expected took a summe of money of him to betray the Town Forts and Ships in the Road but when Popham came in to the Haven to take possession of his new purchase gave him such a Gun-powder welcome that he lost most of his Men landed to take livery and seisin and divers Ships he was commanded to conceal this ill news lest it discouraged the City to engage so far with them as to entertain them in the condition of a Free-State and surrender the Sword to them and so spoil the Design of
their Obligations to God and Man violated all the Laws of this Land their own Protestations Covenants the Oaths of Allegiance Supremacy which themselves caused the People to take and their own Votes Declarations c. The illegality of their late erected High Court of Justice and their unjust proceedings therein the tyranny and usurpation of the Councel of State and Officers of the Army And proveth that Col. Prides new purged new packâ—d House is neither a House of Commons nor Parliament their usurped Supreme Authority to be a meer nullity or fiction and especially That this Parliament is cleerly dissolved and ended which he proveth by the Death of the King and by many other solid Arguments and therefore all their Actings to be void and null with many other cosiderable passages where he ingeniously confesseth that being the Kings Prisoner at Oxford with many other of the Parliament Party the King did strictly observe the Laws of the Land in His proceedings against them which this Parliament doth not do in any their most legal proceedings for all their pretended Engagements Declarations Votes Protestations and Covenants to maintain and defend the Laws and Liberties of the People Ergo the King really the Faction in Parliament but pretendedly fought for our Laws and Liberties 186. Tythes to be Sequestred for the State The Faction are now contriving to seize all the Tythes of the Kingdome into their own hands yet they are the Ministers Freehold and to make all the Ministers their stipendiary Lecturers that they may preach and teach onely such Doctrine to the people as may bring them under a blinde and slavish obedience to our forty Tyrants of the new Councel of State presuming that all our Ministers carry their Consciences in their purses because the Independents do so Look to your wayes Christian Brethren you are likely hereafter to have Oracles of State obtruded upon you instead of the Oracles of God If the Ministers will not parret forth the new States Doctrine to you they shall be starved out of their Pulpits 187. An Adjournment of this pretended Parliament considered of The thing called a Parliament is now likely to have so general a purge as will leave neither life nor soul dung nor guts in the belly of it K. Oliver unwilling to go for Ireland and leave them fitting who may unvote all he hath compelled them to vote hath commanded his Journey-men to think of an Adjournment for some good time that they may take the air and grow wholesome again and then without some dire mischance they never meet more but this Supreme thing hath learned to use so much modesty to their Superiors as to refer it to the Hogens Mogens or Councel of State to consider what Votes and Acts they shall pass beforehand for establishing their Highnesses in their new Dominion And when out of their usurped Supreme Authority they have conferred as much upon the Councel of State as their ambitions aim at they good Boys shall have leave to break up School and go into the Country to see their Friends and visit their Foes that is all such as have full purses to be squeezed Thus you see the method of Divine vengeance observes a Degradation 1. Down went the King and His Authority lapsed into the two Houses 2. Down went the Peers House and all Authority fell down into the Commons House 3. Down goes the House of Commons and the Supreme Authority translates it self into a Councel of State And if my conjecture fail me not 4. Down will go the Councel of State and all Authority be grasped into the iron hands of Campson Gaurus and his Mamaluchy his Councel of War when they shall think fit to Act bare-faced without using a packt peece of a Parliament or Councel of State as a screen or vizard to cozen and befool the people In order to which Government by the Sword 188. Cromwel voted for Ireland with full power Civil and Military Cromwel is voted to go into Ireland with his own confiding Officers and Army with all power Civil and Military for three years what doth this import less than that he is to be K. of Ireland there to practise the first rudiments of Kings-craft and when he hath inured those Semi-barbarians to a Military Government he shall return with his Janisaries and subdue the English to the like obedience In the mean time his property Fairfax shall be under the observation of the Councel of State here and be beleagured both in his own house and Army with Olivers Creatures and in this dishonourable fickle condition he shall have the vain honour to keep Olivers Regalia the Crown sitting upon one side like a Fools Cap upon his head until he return and shall then be called to account for all odious and unfortunate accidents that shall happen for it is not for the Majesty of Oliver to bear the blame although they fall out by Cromwell's own oversights or Gods anger upon him thus Cromwell's shadow being removed himself may take substantial and actual possession of the Throne which he already enjoyes in all things but the Title And then let all true Saints and Subjects cry out with me God save K. Oliver and his brewing Vessels The Junto of Titular Supremists at Westminster especially so many as have not packt themselves into the Councel of State are very unwilling to quit their long-held Dominion 189. 13 Bills injoyned to be passed by the Commons before Adjournment and submit to their own Bastard-brood The Lords States at White-hall but there is no remedy Oliver is resolved to unyoke his Cattel and turn them to grass he knows they may unvote all they have voted at his Command if during his absence in Ireland or Scotland rather a new emergent power should overawe them the present fear being alwaies most terrible to Cowards But the Councel of State hath set them their task which they must speedily perform before they Adjourn consisting of 13 Points 1. That all Acts concerning the Loans of Monies Excise Sequestrations Goldsmiths-hall Haberdashers-hall Assesments for England and Ireland be passed These reprobate Saints will sooner forget their God than their Mammon money You see they mean to perpetuate our burthens as well as their own Army and domineer over us with an arbitrary military tyranny for ever 2. That an Act be passed for setling the Militia of the Nation This amounts to a new-invented Commission of Array lawful for usurping Saints though not for a lawful King by vertue of which the scum and dregs of the people base enough to associate with the Army shall be Armed all men of quality and fortunes unless such as owe their fortunes to their crimes dis-armed 3. Against exporting Wooll and Fullers Earth Unless it be for the benefit of the Saints 4. To prohibit exportation of Gold and Silver The Saints have exported all our Gold already and most of our Silver and will never give over the Trade
themselves though they prohibit others But Gold and Silver are drawn out of Mines Royal and belong to the Saints by their Prerogative 5. An Act to be passed for punishment of Revolted Sea-men and Mariners None against traiterous tyrannous theevish Saints 6. An Act for relief of wel-affected Tenants against Malignant Land-lords who have compounded for their Estates rack their Tenants Rents or turn them out of doors This is a device First to make work for such Members as not being of the Councel of State would become as contemptible as they are hateful being devested of all power to play the Tyrants after Adjournment And secondly to stir up all the Tenants of England especially Schismaticks to combine with them against their Land-lords and deprive them of the legal use of their Estates and the benefit of their Compositions for to what purpose shall Gentlemen compound for their Estates when they must let and set them at the discretion of domineering Committees or Commissioners conspiring with the high Shoos to oppress make a prey of enslave and unspirit all the Nobility and Gentry of England here aimed at under the general Title of Malignants Oh perfidious Tyrants keep your money Gentlemen or turn it into Iron and Gun-powder 7. An Act to suppress Malignant Pamphlets aspersing the present proceedings of the Parliament Councel of State and the Army and prevent Printing as much as may be This is to set truth in the pillory whilst her counterfeit impudent lying and slandering sits in state in Parliament Councel of State and Councel of Officers and rides triumphantly Coached into the City to Thansgiving Devotions and Dinners 8. That the Pulpits being as scandalous as the Press against their proceedings they enjoyn that a more strict course be taken to stop the mouthes of the Preachers hereafter You see how Ahab-like these Subverters of Church and Common-wealth 1 King 18.17 accuse our Prophets for troubling our Israel being their own sin and seek occasion to bring a spiritual as well as a corporal famine upon the Land cutting off the staff of bread as well from our souls as bodies by stopping the mouths of Gods Ministers But I hope they will remember the duty they owe to the honour of him that sent them upon his Embassage to his people and fearing God more than Man every man cry out to his own soul and conscience with S. Paul 1 Cor. 9.16 Vae mihi si non praedicavero Woe be to me if I do not Preach 9. That an Act be passed that that clause of the Stat. 23. Eliz. 25. Eliz. 1 Jac. against Sectaries should be repealed that none may be questioned thereby in the vacancy of Parl. What is this but to pray in aid of Turks Jewes Anabaptists of Munster nay the Devil himself to joyn with them as they have already joyned with Owen Roe Oneale and his bloody massacring Irish Papists against the Protestant Religion which was part of the designe of the schismatical Party in Parliament in waging war against the King from the beginning See Sect. 184. the Marginal notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the Kingdom of these bloody cheating Saints in all things else we are meer and absolute slaves 10. That an Act for a General Pardon be passed to all Persons except such as are particularly named therein and declaring no Pardon to any that shall for the future raise War in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villanies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befool silly weak-spirited people with general words of a Pardon which shall be made ineffectual by many exceptions and limitations 3. This is principally intended to fright men from attempting any thing against the usurped Supremacy and Tyranny of the Councel of State and therefore all Pardons to such Attemptors are before-hand declared against This with them is as a sin against the Holy Ghost unpardonable to deny their Supreme Arbitrary Authority 11. That the Act for relief of poor Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a relief to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdom be made liable to the vexation of a covetous Committee who under colour of Charity shall raise up all the indebted Men of the Kingdom against all the monied Men if they will not sacrifice their purses to the Foh-Gods of the new State and be bountiful to the Committee which is the full scope of this Proposition 12. That the Souldiers may be secured their Arreares out of the late Kings Lands This is to tie all the Souldiery by the purse-strings which is Saints Tenure to make good that horrid trayterous Murther 13. That an Act be passed for Probate of Wills Granting Administrations and investing of Ministers presented These lunatique Saints should have thought upon a new way to be set up before they throw down the old one and not have left men in an uncertainty how to dispose of their Estates and a Justitium a vacancy of Justice upon the Kingdom you see what Mountebanks our new State-Juglers are The good Boyes began to learn these Lessons upon Monday 25. June 190. Things undertaken by the Councel of State during the Recess The Councel of State likewise reported to their said Free-School of Commons several things which they in order to their future greatness would put into a way during the Recess against the Houses next meeting when two Sundays come together 1. That Commissioners be appointed in every County to make an estimate of all Tythes to the end they may be taken away for the future and some other provision designed for Ministers This is a whip and a Bell to lash Ministers to Preach State-Divinity 2. That the Councel of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shal think fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers well-affected to the Parl. they will never be dissolved without the help of a Hangman But I would gladly know by what Authority a Pack of forty Knaves calling themselves a Councel of State and usurping Regal power shall take upon them to abolish our ancient form of Parliaments contrary to the fundamental Laws of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Laws Liberties Lives and Estates against the consent of the far major part of the people 3. That they shall consider of an Act for regulating proceedings in Law and prevent tediousness of Suits There are too many
Brook Comission 19. 21. It appears by the Writs of Summons to the Lords Crompt Jurisdiction of Courts fol. 1. Cooks 4. Instit p. 9. 10. and of Elections Quere How a Parliament Summoned by the Writ of K. Charles I. and called Parliamentum Nostrum ad tractandum nobiscum super arduis negotiis regni nostri can be continued one and the same Parl. after the Kings death that called it and the Monarchy changed into a Commonwealth formally it cannot be the same the Head thereof being gone The Lords House and Monarchy being abolished and the State not the same materially it cannot be the same so many of the ancient Members being thrown out and new ones unduly elected brought in But there are some pragmatical Taylors in the House who can make a garment fit for all states of the Moon and a Parl. fit for all changes of the State and leavying their Wages That the Parliament was only Parliamentum nostrum the Parliament of the Kings that is Dead not of his Heirs and Successors They are all Summoned to come to his Parliament to advise with him nobiscum not with his Heirs and Successors of great and weighty Affairs concerning Nos Regnum nostrum Him and his Kingdome 5 Edw. 3. 6. part 2. Dors Claus Regist fol. 192 200. So the King being dead and his Writ and Authority by which they were Summoned and the end for which they were Called Ad Tractandum ibidem nobiscum super arduis negotiis nos statum Regni nostri tangentibus being thereby absolutely determined without any hope of revival The Parliament is determined thereby especially as those who have Dis-inherited his Heirs and Successors and Voted down Monarchy it self and the Remnant now sitting are no longer Members of Parliament as all Judges Justices of the Peace Sheriffs made onely by the Kings Writ or Commission and not by Patent Cease and become void by the Kings death for this very reason because they are constituted Justitiarios Vicecomites nostros ad pacem nostram c. custodiendum The King being dead his Writs and Commissions expire with Him 4 Ed. 4. 43. 44. Brook Office and Officer 25. Commission 19. 21. Dyer 195. Cook 7. Rep. 30 31. 1 Ed. 6. c. 7. Daltons Justice of Peace chap. 3. pag. 13. Lambert pag. 71. Object If any object the Act of continuance of the Parliament 17 Car. That this present Parliament shall not be dissolved unless it be by Act of Parliament for that purpose Answ It is Answered That it is a Maxim in Law That every Statute ought to be expounded according to the intent of those that made it and the mischiefes it intended onely to prevent 4 Edw. 4. 12. 12 Edw. 4. 18. 1 Hen. 7. 12 13. Plowdens Comment fol. 369. Cooks 4. Institutes pag. 329 330. Now the intent of the Makers of this Act was not to prevent the Parliaments dissolution by the Kings Death no wayes intimated in any clause thereof although it be a clear dissolution of it to all intents not provided for by this Act but by any Writ or Proclamation of the Kings by his Regal Power without the consent of both Houses which I shall prove by the Arguments following 1. From the principal occasion of making the said Act. The Commons in their Remonstrance 15. Decemb. 1642. complain That the King had dissolved all former Parliaments against approbation of both Houses of Parliament Wherefore to prevent the Dissolution Prorogation or Adjournment of this present Parl. by the Kings Regal Power after the Scots Army should be disbanded and before the things mentioned in the Preamble could be effected was the ground and occasion of this Law and not any fear of Dissolving the Parliament by the Kings death Natural or Violent which is confessed by the Commons in the said Remonstrance Exact Collect. pag. 5 6. 14 17. compared together where they Affirm The abrupt dissolution of this Parliament is prevented by another Bill c. In the Bill for continuance of this Parliament there seemes to be some restraint of the Royal power in Dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own Security and the Publick Peace that without it we could not have undertaken any of those great Charges but must have left both Armies to disorder and confusion c. 2. The very Title of this Act an Act to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolution of this present Parliament intimates as much compared with the body of it which provides as well against the Adjourning or Proroguing without an Act as against a Dissolution Now the Parliament cannot be said to be Adjourned or Prorogued untimely by the Kings Death which never Adjourned or Prorogued any Parliament but onely by his Proclamation Writ or Royal Command to the Houses or their Speaker executed during his life-time See Parl. Rolls 6 Edw. 3. 2. Rot. Parl. 3. 6. 5 Ric. 2. n. 64 65. 11 Ric. 2. nu 14 16 20. 8 Hen. 4. nu 2 7. 27 Hen. 6. nu 12. 28 Hen. 6. nu 8 9 11. 29 Hen. 6. nu 10 11. 31 Hen. 6. nu 22 30 49. and Cooks 4. Instit p. 25. Dyer fol. 203. 3. The Prologue of the Act implies as much whereas great summs of Money must of necessity be speedily advanced for relief of His Majesties Army not his Heir or Successor and for supplying other His Majesties not his Heires nor Successors occasions which cannot be so timely effected as is requisite without credit for raising the said Monies which credit cannot be attained until such Obstacles be first removed as are occasioned by Fears and Jealousies That this Parliament may be Adjourned Prorogued or Dissolved before Justice shall be duly executed upon Delinquents then in being as Strafford Canterbury not since made Publique Grievances then complained of as Star-chamber High Commission Ship-money Knighthood-money Tonnage and Poundage c. redressed Peace concluded between the two Nations sufficient provisions made for repayment of the said monies not others since so to be raised All which expressions related onely to His late Majesty as to His Acts of Royal Power not to His Heires and Successors after His Natural much less Violent death which was not then thought on but publickly Detested and Protested against no Man being so hardy as to mention it for fear of the Law not then subdued by the Sword And the several Principal Scopes of this Act are fully satisfied long before the late Kings death 4. It is clear by the Body of this Act And be it declared c. That this present Parliament c. shall not be dissolved unless it be by Act of Parliament to be passed for that purpose nor shall at any time or times during this present Parliament be Adjourned or Prorogued unless it be by Act of Parliament to be passed for
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
without Order 60000 l. a month was thought abundantly sufficient to pay the Army and take off Free-quarter And why this Tax should now be raised to 90000 l. a month when sundry Regiments of it are Assigned for Ireland and yet Free-quarter continued is a mystery of Iniquity which fills the Saints pockets with Mony and all the World with Wonder 6. The Counties Militia so much contended for with the King would better defend the Kingdome from Forreign Invasions than a Mercinary Army Therefore there is neither necessity nor publick utility in keeping up this Army or raising Taxes to maintain them or pay their pretended Arrears The Free-quarter they have taken in kinde and leavied in money will treble their Arrears and make them much indebted to the Country Thus far and much farther Master Pryn whose whole Book at large I commend to all mens serious perusal The Marquess of Ormond's happy atchievments in Ireland beginning to look formidably 204. Cromwel sets sail for Ireland had cooled the heat of K. Oliver's courage though not of his Liver insomuch that he and his intimate friends began to project how without loss of reputation to take him off from so desperate an Engagement as at that time that seemed to be unnecessary delays were used in Shipping his Men. Haslerig and his Party reported great terrours from Scotland Oliver and his Blood-hounds of the Faction made a shift to smell out a silly Plot in Dorsetshire for surprisal of Weymouth and Portland for the KING now laughed at and exploded by their own News-books And the tender-conscienced Brethren were prompted to apprehend their own dangers and put into a Petitioning posture That such a Worthy of Israel such a chosen Instrument of Gods mercy might not in a time of danger leave the Land of his Nativity the Habitation of the Saints to seek forraign adventures in a Heathen Land Whilst these preparations were making to withdraw Olivers stake he appeared not openly in them but making more shew of the Lions skin than the Foxes had written to Col. Jones how heartless his Souldiers were and that unless Jones did by some successeful Sally lessen their terrour he should not be able to get them on Ship-board This was like the Monkey to rake Chessenuts out of the fire with the Cats foot to take a presage of his own successe at Col. Jones hazard Jones makes an attempt with better luck than he expected though not with half so good successe as was reported Saturday 12. August when the news first came to Town the Lion is not so terrible as he is painted it is a peculiar priviledge of the Saints to lie without sin or at least without imputation of sin for the good Cause either in Re or in modo Rei in the matter or manner in the thing or the extent thereof yet this success was enough to invite Cromwel over to pursue the Victory and partake of the spoils if not to usurp the whole Honour of the Atchievment to himself by his accustomed special prerogative So upon the 16 or 17. of August K. Nol set sail towards his new Principality carrying contrary to the custome of the Sea his Lanthorn in his Proawe not in his Poop where we will leave him for the present to his adventures 205. The Association between O Neale and C. Monck See the Paper at large I have formerly hinted to you the Agreement made between Colonel Monck in behalf of the Parliament of England and Owen Roe O Neale the massacring Irish Rebel I have now occasion to speak more at large of it and examine the truth of a Paper called The true state of the Transactions of Col. George Monck with Owen Roe Oneale as it was reported to the Parliament by the Councel of State c. Printed by Edward Husbands 15. August 1649. The said agreement made between the Antimonarchical Independent Party in Ireland and the massacring Antimonarchical Popish party under Owen Roe O Neale being a meer conspiracy to root out Monarchy and Protestancy first in Ireland and then in England and a second crucifying of Christ in his members between two Thieves the Schismatick and the Papist was so generally abhorred by the English Souldiery that many there took occasion to forsake the English Parliament and many here disbanded rather than they would accompany Cromwel in so wicked an expedition Wherefore Cromwel writ Letters to his Creatures of the Councel of State by Monck himself complaining how much the miscarriage of that Agreement had retarded his said Voyage desiring them for satisfaction of the Souldiery and People to Treat with Monck to take the whole businesse upon himself and to clear the Councel of State the Parliament and Cromwel himself from having any hand at all in it which upon Terms of safety and advantage he said he already found him inclinable to do The better to carry on the scene this Agreement was with much heat of zeal complained of in the Apocryphal House of Commons by a Brother who had his cue before-hand and by the Juncto was referred to the Councel of State as was forelaid where their High and Mightinesses after some private conference with Monck to accommodate the business voted their dislike of it Scot having studied the Politiques in a Brewers Tally is become a great States-man in our new Babel See the said Paper The true state c. Bradshaw reprehending Monck in jest therefore And at last they Ordered That the whole business with Moncks Reasons for his justification should be reported by Thomas Scot to the House of Commons which was accordingly done Upon Friday 10. August Monck was called in to the Bar where amongst other things the Speaker asked him What Persons he meant in his Letter to the L. Lievtenant of Ireland wherein he saith He made the Agreement with O Neale with the advice of some others Monk answered that he did it upon his own score without advice of any other person onely having discourse with Colonel Jones Jones told him if he could keep Owen Roe and Ormond from joyning it would be a good service This Answer such as it is was taken for satisfactory in so Comick an Interlude The next demand was Whether he had any Advice or Directions from the Parliament Councel of State Lord Lievtenant of Ireland or any other Person here to do the same which he did expresly deny saying he did it upon his own score Hereupon the House voted as followeth Resolved c. That the House doth utterly disapprove of the proceedings of Col. Monck in the Treaty and Cessation as they please to call it made between him and Owen Roe O Neal and that this House doth detest the thoughts of any closing with any Party of Popish Rebels there who have had their hands in shedding English blood Nevertheless the House being satisfied that what the said Col. Monk did therein was in his apprehension necessary for the preservation of the Parliament of Englands Interest
Endictment that he might know what to answer saying he might plead Speeial as well as General which the Court denied him Next because there was point of Law in it he desired to have Councel citing the Stat. 1 Hen. 7. fol. 23. which was likewise denied him yet I am deceived if Rolfe had not Councel allowed him being endicted at Winchester for an endeavour to murder King CHARLES the First and had many other favours denied to Morrice Then Col. Morrice for his discharge produced the PRINCES Commission as Generalissimo to the KING his Father The Judges answered The Prince was but a Subject as Morrice was and if he were present must be tried as he was and rejected the Gommission without reading Morrice told them the Prince had his Authority from the King in whose name all Judges and Officers did then Act. The Court answered the power was not in the King but the Kingdome Observe they endicted him for Leavying War against the King and Parliament The word Parliament was a surplusage for which no Indictment could lye no Allegiance no Treason and we owe Allegiance to the King alone whosoever Leavieth War in England in the intendment of the Law is said to Leavy War against the King onely although he aim not at his Person but at some other Person And if he that Leavieth War against the King his Crown and Dignity be a Traytor how much more must they be Traytors that have actually murthered the King and Dis-inherited and proscribed his lawful and undoubted Heir and as much as in them lies have subverted the Monarchical Government of the Land and consequently all Monarchical Laws whereof the Stat. of Treasons for Leavying War against the Kings Majesty is one and therefore Morrice under a Free-State ought not to be condemned or tried upon any Monarchical Law So Morrice was found guilty by a Jury for that purpose And an illegal president begun to cut off whom the Faction pleaseth under a pretence and form of Law without help of a Councel of War or a private Slaughter-house or a Midnight-Coach guarded with Souldiers to Tyborne These Usurpers have got the old tyrannical trick To rule the People by the Laws but first to over-rule the Laws by their Lawyers and therefore Vt rei innocentes pereant fiunt nocentes judices that true men may go to the Gallows Thieves must sit on the bench but silent Leges inter arma and now silet Justitia inter Leges Three headed consisting of 1 Councel of War 2 Councel of State 3 Parliament filet Jus inter Judices The mungrel hypocritical three-headed conquest we live under hath dispoyled Justice of her ballance and left her in a Military posture with a Sword to strike but no scales to weigh withall Our licenced News Books like Ill-Boading-Birds fore-told and fore-judged Morrice's death a month before He dyed resolutely Observe the thing aimed at in this new form of Endictment of High Treason for leavying War against the King and Parliament is first that the word King may hold in the Endictment which otherwise would be found to have errour in it and though the word for Leavying War against the Parliament be a vain surplusage signifying nothing yet at last by help of their own Judges and new-made presidents to leavy War against the Parliament shall stand alone be the onely Significator and take up the whole room in the Endictment and thrust the word King out of doors and then Treason shall be as frequent as Malignancy is now Morrice had moved he might be Tried like a Souldier by a Councel of War alleadging the inconvenience of such a president if the Kings Party should retaliate it which would not be granted yet Col. Bethel writ to the General and his Councel of War desiring he might be reprieved but Col. Pride opposed it urging That it would not stand with the justice of the Army you see now who is the foun of Justice nor the safety of the Commonwealth to let such Enemies live the Parliament having adjudged him worthy of death without hearing and given instructions to the Judges accordingly O serviceable Judges so the General was overborn by this Dray-man This fellow sitteth frequently at the Sessions house in the Old Bayly where the weight of his Slings turneth the scale of Justice which way he pleaseth 210. Cap. Plunkett and the Marquess of Ormonds brother voted to be Tryed Col. Pride's Dray-horses the Commons in Parliament assembled not yet satisfied with Blood because they are out of danger of bleeding themselves have voted that Capt. Plunckett and the Marquess of Ormond's Brother Prisoners in Ireland shall be brought to Trial. If the Kings Party in imitation of their Cruelty shall put to death the Prisoners they have taken the Parliament will save their Arreares for their own privy purse These two cases are examples of the greatest danger and the highest contempt of Souldiers that ever were set on foot in any Age or Nation 29. August 1649. came forth a Book called 211. An out-cry of the young men and Apprentices of London concurring with those falsly called Levellers An out-cry of the young Men and Apprentises of London Or An Inquisition after the lost fundamental Laws and Liberties of England truly and Pathetically setting forth the slavery misery and danger of the Common Souldiery and People of this Nation and the causes thereof well worth the reading About this time came forth an Act forsooth for the speedy raising and levying money upon the Excise that is as the Act telleth you upon all and every Commodities Merchandizes 212. Excise Manufactures as well imported or exported as made or growing and put to sale or consumed c. That is to lay impositions upon all we eat drink wear or use as well in private houses as victualling houses ware-houses cellars shops c. as well what the Souldier devours in Free-quarter upon us as otherwise under unheard-of penalties both pecuniary and personal to be paid and levied with rigour And to make every mans house lie open to be searched by every prowling Rascal as often as he or they please The Traytors Tyrants and Thieves 213. Forrain Plantations the Commons in Colonel Prides Parliament assembled are now again frighted into a consideration of Forraign Plantations And passing Acts That they shall all be subject to the new Babel or State of England for which purpose they are very busie to undermine divide and subject the old and first Planters that if need be these reprobate Saints may come in upon their labours and the better to accommodate themselvs there In the Act for the sale of Kings Queens and Princes Personal Estate they have given leave to their Agents the Commissioners to transport beyond sea that is to say to their own Plantations under pretence of sale the rarest and choisest of the Kings Goods they heap up abundance of wealth by Excise Taxes Goldsmiths-hall Haberdashers-hall Sequestrations cozening the Souldiers
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
the witnesses face to face in open Court See Stat. 5 Ed. 6. chap. 11. Cooks 2. Inst pag. 26. and there swear them that the party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for clearing the Evidence And whether they be lawful witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for mis-informing the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull and mark out for slaughter some principal men and deny them the benefit of Law in order thereto as these Judges do to be tried by special Commission since the whole Kingdom is under the known laws and Courts established at Westminster It should seem by this Parliaments eager complaint against the special Commission of York this Parliament hath determined this question in the negative already whatsoever their present practise to carry on their Design is See Stat. 17. Car. 1. against the Star-Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this High Court of Injustice 5 Souldiers of the Army are appointed by the Act 26 March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but Civil Magistrates and Officers of the Law See Stat. 7 Ed. I. 2 Ed. III. chap. 3. 7. R. 2. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall swear well and faithfully to serve the King and people in the Office of Justice c. And that to what estate and condition they be come before you in the Sessions with force and arms against the peace against the Statute thereof made to disturb the Execution of the Common Laws or to menace the people that you arrest their bodies c. Stat. 18 Ed. 3. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in terms of indifferency nor doth any waies oblige them to the people 26. Mar. 1550. viz. You shall swear well and truly according to the best of your skill and knowledge to execute the several powers given you by this Act not well and lawfully to serve the people Besides they swear to execute the several powers given not to do Justice according to the Laws Now the Laws are the only rules of Justice by which we distinguish crooked from strait true from false right from wrong This is not the work these Judges are packed for but to execute Acts of power and will But powers are often usurped tyrannical illegal and unjust So are these Injuria est quod contra legem fit 7. How can the House of Commons if it were full and free constitute a new unpresidented Court of Justice nominate and ordain Judges and enable them to administer Oaths having never had nor so much as pretended to have any power to judge to nominate Judges or to administer an Oath as having never been more than the Grand Enquest of the Kingdom humbly to present to His Majesty in a petitionary way the grievances of the people Nemo dat quod non habet 8. Suppose the House of Commons had power of Judicature delegated to them from the people as their Representative Delegati non possunt substituere Delegatos Protestatam sibi concreditam in alios transferre Delegates cannot make subdelegates and transfer their trust to others See Col. Andrews 3. Answers given into this High Court for his defence Printed at the latter end hereof 2. My second consideration will be Of what Persons delegated or Commissioned this Court consisteth The pretended Act. 26. March 1650. names 25. Commissioners all which for their better credit it enacteth Esquires amongst whom are 4. or 5. that have professed the Law as farre as wearing a Lawyers Gown comes to but were better known by their leisure then by their Law untill by adhering to our prevailing Schismaticks in subverting our Laws they seem to be eminent Lawyers Of Keeble see the Triall of L. Collonel John Lilburn first and second Part. Steel cited expired Statutes at Winchester against Captain Burley The rest are for the most part poor ignorant Trades men some so young they are but lately out of their Apprentiships others Broken Trades-men that have compounded with their Crediturs some of vild and base professions One or two of these Wolvish Saints I hear have with some difficulty escaped the Gallowes for Man-slaying William Wibeard Esquier is a Rope-seller this employment may happily help him to the Hangmans Custom William Pemoier Esquire was heretofore an Ape-carrier Cherry-lickom or Mountredinctido Cook a Vintner at the Bear at the Bridge-foot he keeps a vaulting-School for our sanctified Grandees and their Ladies of the Game If the House of Commons had power to make Judges which I have disproved yet Ex quovis ligno non fit Mercurius They must name such Persons as may be competent Judges And therefore must not choose 1. Ignorant men 2. Nor such as the Law calls Viles Personas men base or contemptible for their Persons or Sordide callings Mechanicks of the lowest rank 3. Persons of Scandalous life and conversations 4. Not Banquerouts and Indigent Persons Necessitas cogit ad turpia 5. Not partiall and preingaged Persons chosen to suppresse another party As these Commissioners are engaged to the present power to suppresse all others 6. Nor such as Schismatically or Heretically affected are seasoned with such Doctrines and Principles as neither agree with the Duties of a good Christian a good Common-wealths man nor a good Judge Which two last Objections not only these Commissioners but the pretended Parliament that commissioned them are apparently guilty of as being all of the Independent Faction conspiring to rob and rout out all other Parties Royallists Presbyterians and Levellers For which purpose this New Tribunall or Inquisition is set up Independency being a meer complication and Syncretismus or rather a Sink and Common Sewer of all Errours Heresies Blasphemies and Schismes though they peevishly differ in some inconsiderable Tenents yet having one Generall End or scope at which they all chiefly aime viz. power preferment profit and the suppression of the Truth and Magistracy they have likewise some common principles to soader them together which they use as
a Meanes conducing to that Generall End Some few whereof I will here set down for my Readers satisfaction 1. To tollerate no King nor Magistrate Superior to themselves as Being a Tyranny or Bondage over the Christian Liberty of the Saints and Kingdom of Christ Because they know no Christian Magistrate can tollerate them being by the Genius of their Sect enemies to all Civil Societies whether Monarchicall Aristocraticall Democraticall or Mixed as the Kingdom of England was before these men destroyed it Besides their common Doctrine That they are appointed to break the powers of the Earth to pieces To levell the hils and fill up the vallies That they are called To bruise the Nations with a rod of Iron and break them in pieces like a Potters vessell Which they have done in England and threaten the like in France Germany c. whereof their Pulpits and discourses sound Observe their Practises in the Low Countries Where having by their spies and Emissaries found out some Burgers of the same humour with themselves They propagated their Doctrine so far as to endeavour to strike the Aristocraticall Members out of that Common-wealth by abetting some of the States Provinciall to lessen and so to abolish by degrees The Lords States Generall the Optimates of that State To ruine the Prince of Orange to whose Family they owe their Liberty To dissolve the Generall Union of the said United Provinces and so take in pieces the whole Frame of that Republick To say nothing of their Insolencies in fighting and killing their men because the Belgike Lion will not strike saile to their Crosse and Harpe and in blowing up the Antelope in Helversluce Which shews what good Neighbours Holland and other Parts are like to have of the New State of England and Ireland when they have made themselves intire by the purchase of Scotland that is born like our English Richard III. with Teeth in its head and snappeth at its Neighbours before it be out of its Swadling clouts This is the cause that Cromwell before he set saile for Ireland caused his Journey-men the pretended Parliament To passe an Act for Tolleration of all Errors Heresies and Schismes under the Notion of Liberty of Conscience and Ease for Tender Consciences 2. Their second Principle is That the Good things of this World belong onely to the Saints that is Themselves all others being usurpers thereof and therefore they may rob plunder sequester extort cheat and confiscate by illegal Laws of their own making by extrajudicial Courts and partial Judges of their own constituting other mens goods and estates upon as good Title as the Jews spoyled the Egyptians or expelled the Canaanites 3. Their third Principle That the Spirit which sanctifies and illuminates these men in every particular man blowes when and where it will sometimes this way sometimes that way often contrary waies And therefore they can make no profession of any certain Rule of Doctrine or Discipline because they know not which way the Spirit will inspire For this reason they are still pulling down old and setting up New Doctrines as the Nomades do cottages onely constant in unconstancy They professe their consciences are the Rule and Symboll both of their Faith and Doctrine by this Leaden Lesbian Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sun-Dyall by the clock not the clock by the Sun-Dyall That every man must pray according to the Dictates of his Private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenant they Alleage the Spirit is the Author thereof When Cromwell contrary to his vowes and Protestations made to the King kept him close Prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publick Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus fit dira libido This Hobgoblin serves all turnes 4. Their fourth Principle is That they may commit any sin and retain their Sanctity in the very Act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for sin Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbour without breach of Justice or Charity A righteous man is a Law to himself 5. Their fift Principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither professe to follow Paul nor Cephas yet declare themselves to be some of Cromwells Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixt Independent Principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltinesse yet if they think in their Consciences he his guilty they may condemn him out of the Testimony of their own Private Consciences Is it not fit men so Principled should be Judges and Jury too and condemn men by inspiration So Colonel Andrews and Sir John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Henry Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at 10. of the clock at night and had a warrant then ready to arrest Gell which was done earely next morning before he could conveniently discover it Yet was Gell sentenced for Misprision of High Treason See Sir John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sir John was Impeached and Mr. Atturney prosecuted him onely for Misprision yet had he much ado to keep that bloud-thirsty old cur Keeble from taking a leap at his throat and giving Judgement against him for High Treason So for want of Law Sir John had like to be hanged by Inspiration and Instinct of the Spirit He that will see more of the Independent Tenets Let him read Cl. Salmasius chapter 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency first and second part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Common-wealth or Babel hold forth to the People Justice and Liberty as their Motto
with him to refrain from weeping coming to the front of the Scaffold Lo. Capell his speech before his death he spoke to this purpose That he would pray for those that sent him thither and were the cause of his violent Death it being an effect of the Religion he professed being a Protestant with the profession whereof he was very much in love after the manner as it was established in England by the 39. Articles That he abhorred Papistry relying only on Christs merits That he was condemned to dye contrary to the Law that governs all the World that is by the Law of the Sword the Protection whereof he had for his Life yet among Englishmen he an Englishman acknowledged Peer condemned to dye contrary to all the laws of England That he dyed as to the cause he fought in for maintaining the fifth Commandement injoyned by God himself the Father of the Country the King as well as the natural Parent being to be obeyed thereby That he was guilty of Voting against the Earl of Strafford but he hoped God had washed off the guilt of his blood with the more precious blood of his Son That his late Majesty was the most vertuous and sufficient known Prince in the World God preserve the King that now is his Son God send him more fortunate and longer dayes God restore him to this Kingdom that that family may reign till thy Kingdom come that is while all Temporal power is consummated God give much happiness to this your King and to you that in it shall be his subjects That he did again forgive those that were the causers of his coming thither from his very soul so praying again for the King and his restoration and for the peace of the Kingdom he finished his speech L. C. his carriâ—ge Then turning about to the Executioner he pulled off his doublet when the Heads-man kneeling down Lord Capell said I forgive thee from my soul and shall pray for thee There is five pounds for thee and if any thing be due for my cloaths you shall be fully recompenced And when I ly down give me a short time for a prayer then again blessing the People very earnestly and desiring their prayers at the moment of death he said to the Executioner you are ready when I am ready are you not then as he stood putting up his hair with hands and eyes lift up he said O God I do with a perfect and a willing heart submit to thy will O God I do most willingly humble my self so kneeling down and fitting his neck to the block as he lay with both his hands stretched out he said When I lift up my Right hand then strike When after he had said a short prayer L. Capell beheaded he lifted up his right hand and the Executioner at one blow severed his head from his body which was taken up by his servants and put into a Coffin Having thus brought to pass their bloody purpose shortly after they acquitted the Lord Goring and Sir John Owen as to their lives but seized upon all they had according as they did upon most of the Estates of the Nobility and Gentry throughout England for such now was their unsatiable malice that they thought it not enough to ruine and destroy the heads of Families but The barbarousness of the faction with divellish rancor endeavour to blot out the name and memoriall of Posterity by such unheard of cruelties and barbarous actions as would make a Savage Scithian or Barbarian blush to think on so that we may say with Cicero in the like case Rem vides quomodo se habeat orbem terrarum Imperiis distributis ardere bello urbem sine legibus sine judiciis sine jure sine fide relictam direptioni incendiis Which indeed is the very present case Thus did they grow from bad to worse acting rather like butchers then Men each one of them proving to all about him a devouring wolfe whose insatiate gorge was never filled with his pray so that having in effect the mastery of them whom they called their Enemies like true thieves they fall out about parting the stakes The Army and Independent close the Presbyterian faction will brook no superior the Independent no equall upon these terms stands the Kingdom divided when the later grown now more powerfull by the additon of the Army whose guilt in the murther of the King had suggested to them that the only way to save and raise themselves was to confound and reduce all things else to an Anarchy In pursuance of which Principle they at last proceed against the very root of Monarchy and after many uncouth debates resolved that the Nation should be setled in the way of a free State Free-state appointed and Kingly government be utterly abolished Now was the stile in all proceedings at the law altered the seals changed and the Kings armes and statues in all places taken down that so their seared consciences might not at the sight thereof be terrified with the sad remembrance of their committed crimes And that no sparke or attendant of antient Majesty might be left remaining soon after they vote the house of Lords to be burdensome and useless Lords house voted useless and that the People might understand their meaning also on the 21th of February they proclaim at Westminster and send it to the City the next Day to the like purpose but the then Lord Mayor refusing to do it as being contrary to his honour conscience and Oath rather chose to suffer an unjust imprisonment which he did in the Tower Any honest Man would have thought this example would have put a stop to the attempt of any villain for the making that proclamation but so farr were they from being deterred that they rather grow more implacable and having found some hair brained and half decayed Cittizens out of them one is set up as a mock-Mayor who being a fellow fit for their turns after a short complement or two with the Juncto The Proclamation against Kingship he enters the Stage and Proclaims the abolishing of Kingship and the House of Lords Having thus brought their design to some kind of maturity they find another invention to be as a Shibboleth a mark of distinction between themselves and other men The engagement a mark of distinction and that was the engagement forsooth whereby every man should promise to be true and faithfull to the Common-wealth of England without a King or house of Lords and he that would not subscribe to this was forced either to fly or which was as bad to stay at home and have neither the benefit nor the protection of the law of the land nor any advantage either of his liberty or Estate Now might you have seen Vice regnand and nothing but Schisme and faction Countenanced now might you have beheld England sometime the Glory of the World now become its by words the name of
English being among forreign Nations esteemed as a crime sufficient so did the Land mourn for oaths that she was ready to vomit out her inhabitants while the Juncto still endeavour to palliate their villany and to get allies among neighbour Princes and States to many of whom they send Embassadours as they stiled them and were again reciprocally courted and owned and particularly by the Spanyard and the French but the Dutch did seem to be Men of a better mould and temper The dutch quarrel and therefore having no better ground they quarrell for superiority denying to vaill to the English because they were the younger State yet still owning that respect to the Monarchy hereat the English though yet but an Embrio begin to startle and weighing the unsetledness of their basis and that all they had hitherto done was only dawbed together with untempered morter they resolve to try all wayes rather then fall out St. Johns sent to treat but returnes without doing any thing and will seek to gain that by Courtship which they are unwilling to hazard by force as a fit Man for this work they pick out a pure Saint Mr. Oliver St. Johns and dispatch him into Holland with as large a train as great State and as full instructions as they could possibly afford or invent whether when he is come he makes his addresse to the Lords States but with so little approbation and success that in a little time he began to grow weary of his businesse especially when the multitude began to grow clamourous against him insomuch that he durst hardly stir abroad so that being both outworded and outwitted after many debates brotherly expostulations Declarations and hearty desires to small or rather indeed to no purpose he gravely makes his Congee takes his leave and vanisheth The Juncto at his teturn somewhat discontented at his fruitless Embassie yet finding no other remedy and willing to make the best of a bad market prepare for war for by this time the Dutch had begun both to affront them and seize on what they could catch as lawfull prize which so vexed the English Puny State that they presently fall to an open war the various successes of which and the losses that accrewed thereby to each party by means of the same I shall not make the work of my pen having only designed to delineate those black deeds of impiety acted within the narrow limits of our England by the horridest crew of bloody miscreants that were ever spared by Divine vengeance from sudden destruction The English affairs and Government being thus wrested into the hands of a few desperate persons Ireland looked at the next thing aimed at is the reducing of Ireland for effecting whereof they give a Commission to and raise an Army under the Command of Cromwell Cromwell sent to Ireland and prove Victorious which he as suddenly transports thither Ormond and Inchequeen having at that time all the Country in obedience to his Majesty save only Dublin kept by Col. Michael Jones and London-derry by Sir Charles Coot when lo as it were to wellcome Cromwell Jones immediately before his arrival had made way for him by the overthrow of Ormonds forces about Dublin And now as if fortune had already designed him the laurell St. Charles Coot in an other place at Londonderry worsteth a Second party and the Earl of Ormond and the Lord Inchequeen having joyned their broken forces into a considerable strength are again together overthrown at Connaught The concatenation of these successes together with the cruelty exercised by Cromwell at the taking of Tredagh by storm where his rage spared neither age nor sex a barbarism scarcely used by the very Turkes cast such a Panick fear over the whole Nation that the strong holds fell into his power like over-ripe fruit into the prepared hands of its ready gatherer So hidden and misticall is the series of Gods providence that for a time the most enormous crimes are counted vertues the poor loosing honest soul constrained to stoop and bow under the heavy yoke of a prevailing tyrant yea Majesty it self enforced like the clouded Sun compulsively to hide his beams and retire with his light for a while as though it had been but borrowed but as the Sun so Majesty can never be kept in perpetuall darkness for by this time the Independent who had for a space been chief find a Competitor of the Leveller The Leveller begins to â—â—r who resolves either to share in the whole and so reduce and keep all in an equality whereby himself may be one of the greatest or else to endeavour to bâ—ing back all into its originall channel and to shew they meant as they said with better hearts then success or strength they rise in three or four places for they are assoon quasht as seen and themselves and their design end both together A garment of linnen and woollen was forbidden to be worn by the Leviticall law and I suppose because the mixture would be improper either for wearing or handsomness of sight in the same manner may I say of the Levelling faction that though they in intent were reall for restoring the King yet God would not suffer it to be brought to pass by such hands that had been so deeply dyed before in royall blood The royal party though under hatches and now suffering for their loyalty having passed and been refined in the fire of affliction must be the Men whose unspotted fingers shall not only pull down the Idolized Babel of the Peoples imagination but repair the decayed ruines of our broken Government and reinstate exiled Majesty upon its throne adorned with safety and with beauty both and guarded with the safest strength of faithfull hearts and hands better then walls of brass or formed troops of mercenary Souldiers Scots send to the King But that time was not yet come although the Scots sent a peculiar messenger the Lord Libberton to the King desiring him among other things that he would please to appoint a place for a Treaty to be between his Majesty and his Kingdom of Scotland which offer of theirs was graciously accepted and a Treaty appointed at Breda on the 15th of March whither the Scots Commissioners came the 16th and on the 19th fell to their business neither would by any means relinquish their Presbytery though but in part and as to the particular person of the King himself whom they strongly bound up to the Covenant Directory and Catechismes Treaty at Bredah concluded whereto his Majesty after many long and serious debates having unwillingly consented The Scots on their part did promise 1. That his Majesty should be admitted to the throne of Scotland 2. That his Rights then should be by Parliament recovered from the hands of Usurpers and 3. That they would assist to bring the murtherers of his Father of blessed memory to condigne punishment and to restore him to his Native Kingdom of England A
happy Omen surely was this promise and undertaking hoped to be and so indeed it might have proved if it had been gained from any but the worst of Scotch-men the Presbyterians for at the very same time as it were when they had concluded the Treaty and thus highly promised the King as is before mentioned I say at the same time having gotten the famous Marquess of Montross into their hand whose only fault was Loyalty to his Prince having brought him with as much ignominy as they could devise to Edenburgh they there charge him for keeping away the King observe the King was now upon the point of coming to them from his subjects 2. For the invading that Kingdom 3. For all the murders in the war and for wast upon Argiles Estate c. Mark here I pray Montross murthered and the reasons thereof Montross must be murthered the best subject the King had in Scotland and just when the King is ready to come thither as if it were done in despight to him but why for keeping away the King No he had promised to be with them with all speed which Montross in prison could not have hindred Was it for invasion alas neither for he had none but his own Countrymen and of them but a very few and they quickly and easily defeated what was it for then for muder alas neither what then O! here 's the Divel that murthered the famous Montross for waste upon Argiles Estate Argile I say that underminer of his Soveraign who in a short time after upon his arrival was by the means and instigation of him upon pretence of non-performance by the King left destitute either of friends whom they banished from his Court The K. in Scotland held to hard meat means which they curtailed him of and strength allowing him neither a Souldier nor a garison nay not a town where he might with safety repose his head things being at this pass and his Majesty with much adoe gotten into Scotland as aforesaid which the Juncto at Westminster having perfect intelligence of and weighing with themselves that promise of the Scots to bring the murtherers of the Kings Father to condign punishment they begin to think it high time to provide for their own safety in consulting whereof after much time spent it is resolved the safest wisest and to them least chargeable course to wait on the Enemy in his own Country whereby they carried the war from home and not to stay for him to bring it to their own doors As a strong motive to this just at the instant they discover that many of the Presbyterians of England had by their agents agreed with the Scots at Bredah to re-establish his Majesty in all his Dominions Whereupon many eminent persons are seized on and among them Mr. Case Mr. Jenkins Mr. Jackson Mr. Love c. Which Mr. Love together with one Mr. Gibbons suffered death together on Towerhill Mr. Love and Gibbons beheaded at the earnest sute of Cromwell protesting he would not march into Scotland unless they were cut off Being moved hereby as well as by their own fear and guilt Cromwell invades Scotland his Majesty is scarce in Scotland but Cromwell is at the borders with 16000. Horse and Foot on their behalf to whom Leslly L. G. of the horse which were now raised after some expostulations by Letters and Declarations sends word that he is in armes upon the account of the good old cause and not upon the account of the King Scots divided among themselves whom he cleerly disowned Straughan and Ker not only disown the King but say positively they will fight against him so that now it was not Bellum Regale a war to maintain the Kings honour and the points of the treaty but bellum Presbyteriale a war for the Kirke of Scotland against the Independent faction of England those two great parties being come now to a second contest for superiority for Leven commanded the Foot and Leslly as I said before the horse and these two unaminously drew out against Cromwell and fought him within six miles of Edenburgh though to little purpose for he immediately after became Master of the field 1. Fight at Edenburgh and took Garririsons as fast as he came to them defeating them at Musselbourgh and pursuing them to Pentlan-hills 2. Fight at Musselbourgh where the Scots had him in a straight and might have destroyed him but the certainty as they thought of the victory caused them to delay by which and the fatal necessities of sickness hunger and cold pressing upon Cromwells Army made them choose rather at one fight desperately to hazard all then timourously to become the scorn of an insulting foe which they knew they should find following this resolve with diligence they whisper about the word to each other in the midst of a dark and rainy night they crept up the hill and fell on the Scots so suddenly and beyond expectation that they were disordered by the first attempt yet by reason of their multitudes 3. Dunbar fight and totall defeat and a little courage they held up a while till surrounded on the back by Cromwells horse the Scots horse affrighted begin to retreat and soon after to flie in good earnest leaving their foot to mercy who were taken in greater numbers then the English Army consisted of the Independent power by this victory being absolute conquerors King in the North of Scotl. private and the Presbyterian pride laid groveling in the dust During this quarrell between the said two factions the King as disowned so not interested therein retires first to St. Johnstons and after that privately into the North of Scotland where he continued expecting what God would do for him assuring himself that this defeat at Dunbar as things then stood could not be for his prejudice King sent to and returnes which indeed quickly fell out according to his expectation for the Scots upon that overthrow were somwhat humbled in Spirit and now began again to think of their late abused King wishing in their hearts he were among them fearing to speake the truth least he would have joyned with Northern and loyal Highlanders to prevent which they send M. G. Montgomery with forces to intreat his Majesties return who finds him out and affectionately delivers his message which the King received even with joyfull tears as minding the justice of God upon those perfidious Scots whose pride in success carried them beyond all bounds of allegiance and like a stubborn child must be soundly whipt ere they will kneell and the good manners they obtain must be beaten into them Yet he accepts of their request and accordingly goes towards them Who but so good a King would have exposed himself to such mens trust in so dangerous a time Innocentia est sibi munimentum for he resolves to return King crowned Upon notice hereof and his arrivall the Parliament address themselves to
he supposed would be a full and a free Parliament upon whose resolves as himself so he doubted not but the whole Nation would acquiesce he told them the house was open for them to enter and prayed for their good success The secluded members being thus admitted How they begin and wherein proceed fall immediately to work where they were abruptly forced to break of in December 1648. Confirming their Vote made then by another now that the concessions of the late King were a sufficient ground to proceed on for setling the peace of the Kingdom hereby not only vindicating themselves but as it were at once disanulling all that had been done as dissonant thereto during the whole time of their recess This began to infuse a new spirit of life into the Kingdom in whom at this springing season of the year began a new to bud and peep out the bloomes of a too long frost-nipped loyalty so that one now might have seen what twenty years before could never shew countenances that lately were dejected through the cruell tyranny of their Aegipitian task masters now gather cheerfull looks and like fresh blown roses yield a fragant savour The Parliament thus sitting freely vote his Excellency Lord Generall of all the forces in England Scotland and Ireland by vertue of which Commission he disarmes all the Phanatick party both in City and Country the Parliament in the mean time providing to secure the Nation by two seasonable Acts the one of Assessment and the other of the Militia the last impowering and arming Gentlemen and Men of worth and power to stand up for their Liberties and Priviledges and put the Country into a posture of defence against all encroaching pretenders whatsoever and the former enabling them to raise moneyes which are the sineues of war for maintaining of the forces so raised to assert their and our rights Thus setling the ancient Government of the City and vacating the Phanatick power in the Country they commend the establishment of the Nation to a full and free Parliament to be called the 25th of Aprill 1660. Issuing out writs to that purpose in the name of the keepers of the Liberty of England by authority of Parliament and setling a Councell of State of most discreet and moderate men to whom the affairs of the three Nations in the intervall and untill the meeting of the Parliament on the aforesaid 25th of Aprill was committed who with much discretion managed their power to the satisfaction of all sober minded men and so saving to the house of Lords their rights notwithstanding the Commons were in this Juncture of time put upon necessity to act without them commending the Souldiery once more to his Excellency upon the sixteenth day of March in the year of our Lord 1659. a day worthy to be remembred they dissolved themselves Lorg P. legally ended and so at last put a legall period to that fatall long-Parliament which could not be dissolved by any but by it self And thus we see Independency laid in the dust and ready to give up the ghost and indeed not long after we shall see fully to expire the Prodromi of whose miserable end might be these and the like The Councel of State in this intervall of power The intervall with very great caution and wariness manage their affairs turning neither to the right hand nor to the left but keeping a direct course as knowing in medio ibunt tutissimi they set out a Proclamation against all disturbers of the peace under what pretence or name soever sparing none that in a time of such hopes durst either move a hand or tongue to work a disturbance taking care also that the order of the last Parliament touching elections should be duly and punctually observed as considering that the peace or ruine of the Nation would lye in their hands Elections for a new Parl. His Excellency the Lord Generall in this interregnum accepts of severall invitations and treatments in the City by several of the worthy companies yet still having an eye to the main he keeps close to his Officers who were not yet fully resolved and often confers with them in a more familiar manner than ordinary whereby he so wrought on them that at last he brought them to declare that they would acquiesce in the resolves of the approaching Parliament and indeed this was a shrewd forerunner of the fall of Independency as I said before whose only hope was builded on the averseness of these men to lawfull power which when they saw frustrated they might well depair yet endeavour once more to endeavour a confusion which being observed by the Councell and that a discontented Spirit possessed some of the old Officers and Grandees according to the power given them to that purpose they send for all suspected persons confining them unless they subscribed an engagement to demean themselves quietly and peaceably under the present Government and acquiesce submissively in the determination of the Parliament next ensuing which reasonable engagment Lambert and some others refusing were carefully confined to several prisons by which means the peace was wonderfully preserved but notwitstanding all this care such were the restless endeavours of that divellish faction that whether by the neglect or treachery of his keepers is not yet known Lambert gets out of prison cuningly who being a man of loose principles and desperate fortunes so encouraged the Phanatick party and stirred up their drooping Spirits that they began to threaten great matters and for perfecting their wicked design begin to gather to an head near Edg-hill which they hoped would prove to them an auspicious Omen for the beginning of a Second war but Heaven would no longer wink at such intollerable villanies for the sins of these Amorites were fully ripe for judgment so that they were discovered and quickly nipped in the bud Lambert and his accomplices being so eagerly pursued by Col. R. Ingoldsby that they were suddenly forc'd to scatter and shift for themselves by flight Taken and sent to the Tower neither was that so swift or secure but that Lambert was taken prisoner by the said Col. Ingoldsby and sent prisoner up to London at which time passing by Hide park on the twenty fourth of Ayril he saw all the City Regiments both of horse and foot Trayned Band and Auxiliaries complered armed and trayned and ready to hazard their Lives and Fortunes against all seditious and factious Traitors to their King and Country The news of this first appearance of armed loyalty being spred abroad into the Countreys The first loyal muster did so animate and encourage the old oppressed that casting off their fetters and fears together they begin to appear in their wonted guise and because they were by the Phanaticks traduced as men of blood and full of revenge not to be satisfied but with the utter ruine of their adversaries thereupon to undeceive the vulgar who might possibly have been misled by such
lies if not answered did from their several and respective Counties as also in the Cities of London and Westminster declare The Gentry declare that they were far from any thoughts of revenge it belonging to God alone alluding to that text of Scripture Vengeance is mine I will repay saith the Lord but as for Justice they would acquiesce in the judgment of the approaching Parliament This being done and the whole Parliament at the appointed time The Parliament begins beginning first with their duty to God they follow that golden Pythagorean rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giving him hearty thanks for that their freedome of meeting which when they had cordially done they fell in order to their Governour First They fear God then honour the King As the same Pythagoras goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Heathen we see by the meer light of Nature could dictate that which our Grand Enthusiasts of Religion would not for these many years by the ignis fatuus of their new lighted notion walk after But the Parliament were better principled for after their devotions regularly paid to God they in the very next place own their duty to their Prince upon the first day of May a happy day to be remembred to posterity voting the Government to be by King Kingly government voted Lords and Commons a constitution so incomparably mixed that it may rather be admired then envied neither were they satisfied to rest there but on the Eighth day of the same May caused his Majesty to be proclaimed King of England King proclaimed Scotland France and Ireland which was performed with so much Solemnity and Joy as I presume England I dare say hardly any Kingdome in the World ever saw or were sensible of the like the shouts and acclamations of the pleased people rending the very skies as a token of their extraordinary Thankfulnesse to Heaven and at night by the multitude of their bonfires turning the Darknesse into a kind of lightsome day This hapy beginning thus owned by the general consent of all honest men made the Parliament resolute to prosecute their begun endeavours which the more orderly to do for order befitteth men best both as Subjects and Christians they immediately prepared Commissioners Commissioners sent to the King who were persons choyce for their integrity and wisedome like those heads of the children of Issachar which were men that had understanding of the times to know what Israel ought to do being intrusted to wait on his Majesty and to desire him to come to his Parliament and People with all convenient speed Before whose arrival his Majesty had withdrawn himself from Bruxels not upon any account as was by the ignorant and malicious insinuated but out of a design of safe guard to his own sacred Person as knowing those two principles of the Romanists si violandum est jus Regni causa violandum est and nulla fides servanda est haereticis might prove dangerous if not fatal to his interest as affairs then stood He well remembred Richard the first his case sirnamed Caeur-du-Lion and what his detention once cost England and therefore had no reason to cast himself into the like hazard Therefore having discharged all Accounts whatsosoever at Bruxels he as I said removes his Court to Breda As that first he might hold the more certain and quick intelligence with his friends in England where there hardly wanted any thing to complete his Restoration and the Kingdomes satisfaction but his Personal presence so in the second place he there knew himself safe being within the jurisdiction of his beloved sister the Princesse Royal Mary Princesse of Orange King at Breda whose tender love and zeal to him in his affliction deserves to be written in brasse and graven with the point of a Diamond During the time of his residence there to shew himself to be a second Solomon a Prince of Peace and not onely so but the most pious and merciful of Princes who was wise as a Serpent yet innocent as a Dove by the Honourable the Lord Viscount Mordant and Sir Richard Grenvile since by his Majesties special grace created Earl of Bath Gentleman of his Majesties Bedchamber He sent a most gracious Declaration with respective Letters to the Lords to the Commons to the City and to the Army Whetein His Majesties Declaration layes Independency dead His Majesty first offers a Pardon for all miscarriages and misdemeanors against his Father or himself to all persons such onely excepted as shall be excepted by the Parliament promising likewise securitie to all whose guilt might otherwise endanger them so as they laid hold on his Majesties Pardon within 40. dayes after the publication thereof 2. He refers the purchasers of Kings Queens and Bishops Lands to Justice to the Law and to the Parliament 3. He assures the Souldiery of their Arrears for past services although done against him and of incouragement and pay for the future under him This Declaration was received with no ordinary joy and solemnity the messenger Sr. Iohn Greenvil being rewarded with 500. pounds ro buy him a Jewell and upon reading thereof and a conference had with the Lords who had now reassumed their Native right by taking their places in the higher House they agree unanimously each in their several house That a Letter be sent in answer to his Majesties gracious Letter and Declaration superscribed To his most Excellent Majestie which were since more immediately drawn up and sent by Commissioners before prepared as is already mentioned sixe from each House who were in the name of both Houses 1. To give his Majesty most humble and hearty thanks for his gracious Letter and Declaration 2. To desire his Majesty to return to the exercise of his Regal Office and come to his Parliament and people with all speed possible And thirdly to that purpose to desire him to appoint a place for the Navy to attend him the Commissioners that went from the house of Peeres were these The Earl of Oxford Earl of VVarwick Earl of Middlesex Lord Brook Lord Berckley Commissioners names that went to the King Lord Visc Hereford Of the House of Commons were selected these following Lord Charleton Lord Bruce Lord Falkland Lord Mandevile Lord Herbert Lord Fairefax Sir George Booth Sir Iohn Holland Sir Antho. Ashly-Cooper Sir Horatio Townsend Sir Henry Cholmly Mr. Hollis The City of London having also received the like Letters and Declarations the Lord Mayor Aldermen and Common-Council appoint a loyal and humble answer to be returned wherein they give his Majesty thanks for his tender care grace and favour to their ancient and renowned City which was sent by these worthy Gentlemen For the City of London Alderman Adams Recorder VVilde Alderman Robinson Alderman Bateman Theophilus Biddolph Richard Ford Alderman Vincent Alderman Frederick Alderman VVale John Lewis Esquire William Bateman Esq Alderman Bludworth Major
the Duke of Buckingham and the Lord Generall bareheaded and then his Majesty rid between his two brothers the Duke of York on the right hand and the Duke of Glocester on the other after whom followed his Excellencies Life-guard and then the Regiments of the Army all completely accoutred with back breast and Pot. In this order they came to Saint Georges fields in a part of which towards Newington was a Tent erected in which the Lord Mayor King rides through the Citie and Aldermen in their most solemne Formalities with their Officers Servants Livery-men and Lackeyes innumerable waited to which place when his Majesty came the Lord Mayor presented him on his knees with all the Insignia of the City viz. Sword Mace Charter c. Which he immediately returned with promise of Confirmation and conferred the Honour of Knighthood on the Lord Mayor in the place whereafter a short refreshment three hundred in Velvet Coats and Chains representing the several Companies passing on before the Lord Mayor bearing the Sword before the King they proceeded in an excellent order and equipage into and through the City which was all hung with Tapistry and the Streets lined on the one side with Livery men on the other side with the Trained Bands both taking and giving great satisfaction until at last even tyred with the tedious pleasure of his Welcome Journey he came to the Gate of his Pallace of Whitehall which struck such an impression of greif into his sacred heart by the Remembrance of his Fathers horrid Murther there as had almost burst forth if not stopt or recalled by the Joy he received from the acclamations of the people and the thought that he was peaceably returned after so many years unto His own House The King being come in went presently to the Banqueting House where the Houses of Parliament attended for him to whom the two Speakers severally made an incomparable Speech wherein with great eloquence they set forth the many years misery under which the Nation laboured then repeated the Kingdomes Joyes at present for their hoped happinesse in the future by his Majesties Restauration and so commended to his Princely care his three Kingdomes and people with their Laws and priviledges whereto the King in a Majestick style made this short but full return That he was so disordered by his Journey and the Acclamations of the people still in his Ears which yet pleased him as they were demonstrations of Affection and Loyalty that he could not express himself so full as he wished yet promised them that looking first to Heaven with a Thank-ful heart for his Restoration he would have a careful Eye of especial grace and favour towards his Three Kingdomes protesting that he would as well be a Defendor of their Laws liberties properties as of their faith Having thus received and taken several Congratulations and Entertaiments and dismissed his Noble Honourable Worshipful and Reverend Guard of the Nobility Gentry Citizens and Ministry he retired to Supper and afterwards having devoutly offered the Sacrifice of Prayer and Praise to the most high for his safe return he went to his Repose and Bed The first Beam that darted from our Royal Sun infused such a sense of piety into the peoples Affection that it even made them break into an Excess of Joy it was that happy Omen of a vertuous Government the admirable Proclamation against debauchednesse wherein such is his Majesties zeal he takes no notice of his Enemies but our sin which had so long occasioned his exile not sparing therein those who pretended to be his friends yet by their prophanenesse disserved him A happy Prince and happy people sure where the Extremity of Justice endevoureth to take nothing from the Subject but a Liberty to offend which so highly pleased the people that their Joyes rather increased then diminished according to that of the Poet. Littora cum plausu clamor superasque Deorum Implevere Domos gaudent generumque salutant Auxiliumque Domus servatoremque fatentur The Shores ring with applause the Heavens abound With grateful Clamours which therein resound All men salute him Father Prince and King That home again their banish'd peace doth bring Which is further also expressed by the Poet in these words Largis satiantur odoribus ignes Sertaque dependent tectis ubique lyraeque Tibiaque cantus animi felicia laeti Argumenta sonant reseratis aurea valvis Atria tota patent pulchroque instructa paratu Proceres ineunt convivia Regis The Bonfires light the Skie Garlands adorn The Streets and Houses Nothing is forborn That might express full joy while to his Court The King by Nobles follow'd doth resort And in their Feasts Gods wondrous Acts report So restless were the Nights of our pious King that he began to account all time spent in vain and amisse wherein he did not do or offer some good to his Kingdome to this purpose on the first of June the very next day but one after his Arrival accompanied with his two Brothers and Sir Edward Hide Lord Chancellour of England with many other honourable persons went by water to the House of Lords where having seated himself in his Royal seat the Black Rod was sent to the Commons to inform them of his being there They immediately adjourned and with their Speaker waited his Majesties pleasure who in a short speech acquainted them with the Occasion and Cause of his present sending for them viz. To pass those Bills which he understood were prepared for him the said Bills being therefore read according to ancient form by the Clerk of the Crown were passed by his Majesty First The Bill constituting the present Convention to be a Parliament Secondly For authorizing the Act of Parliament for 70000. l. per mens for 3 moneths Thirdly For Continuance of Easter Term and all proceedings at Law which done the Lord Chancellor Hide in a pithy Speech told both Houses with how much readinesse his Majesty had passed these Acts and how willing they should at all times hereafter find him to pass any other that might tend to the advantage and benefit of the people desiring in his Majesties behalf the Bill of Oblivion to be speeded that the people might see and know his Majesties extraordinary gracious care to ease and free them from their doubts and fears and that he had not forgotten his gracious Declaration made at Breda but that he would in all points make good the same Things being brought to that happy issue the King wholly intends to settle the Kingdome and because that in the multitude of Counsellors there is both peace and safety he nominates and elects to himself a Privy Councel whereof were The Duke of York The Duke of Glocester The Duke of Somerset The Duke of Albemarle The Marquiss of Ormond The Earl of Manchester The Earl of Oxford The Earl of Northampton Lord Seymour Lord Say Lord Howard Sir Atho Ashly Cooper Sir William Morris Mr. Hollis Mr.
Justice or signed the Warrant for execution of any person there condemned Thus by the blessing of God I have waded through the many intricate Meanders and Revolutions untill at last I have as it were brought you by the hand to see that desperate Faction of Indepencency as one may say laid into its Grave all the heads thereof being so annihilated by the Iustice of the known Law of the Land that I hope its memory shall be raked up in such an Eternal forgetfulnesse that posterity seeing no foot-steps thereof shall conceive it to be a bare name a mere notion or aliquid non ens of which in nature there can be no subsistance An Appendix HOw far the Treasons of faction have reached and how high they durst soare is to be seen before I shall onely now in short give a hint how highly the Law of England resents such impious acts I say then the wisdome and foresight of the Laws of this Land in all cases of Treason maketh this judgement that the Subject that riseth or rebelleth in forcible to over-rule the royal will and power of the King intendeth to deprive the King both of Crown and Life and this is no mystery or quidity of the Common Law but an infallible conclusion drawn out of reason and experience for the Crown is not a ceremony or Garland but as Imperial consisteth of preheminence and power This made former Traytors in all their quarrels against their Princes not to strike down-right because God unto Lawful Kings did ever impart such beams of his own glory as Rebels never durst look straight upon them but ever turned their pretences against some about them this caused the Judges sometime to deliver their opinions for matter in Law upon two points The first that in case where a subject attempteth to put himself into such strength as the King shall not be able to resist him and to force and compel the King to govern otherwise then according to his own royal authority and direction it is manifest rebellion The second that in every Rebellion the Law intendeth as a consequent the compassing the death and deprivation of the King as foregoing that the rebel will never suffer that King to live or raign which might punish or take revenge of his treason And this is not onely the wisdome of the Laws of our own Kingdome but it is also the censure of forraign Laws the conclusion of common reason which is the ground of Law and the demonstrative assertion of experience which is the warranty of all reason For the first the Civil Law that saith Treason is nothing else but Crimen Laesae vel dimminutae Majestatis making every offence which abridgeth or hurteth the power and authority of the Prince as an insult or invading of the Crown and extorting the imperial Scepter And for common reason and experience they cry it is not possible that a Subject should once come to that height as to give law to his Soveraign but what with terror of his own guilt and what with the insolency of the change he will never permit the King if he can chuse to recover his authority nay or to live Experience further tells us and 't is confirmed by all stories and examples two notable ones we had formerly in our own Chronicles the first of Edw. the 2d who when he kept himself close for danger was summoned by proclamation to come and take upon him the Government but as soon as he presented himself was made prisoner next forced to resign and shortly after was tragically murthered in Berkly-Castle The other is of K. Rich. the second before whom the Duke of Hereford afterwards K. Hen. the 4th presented himself with three seemingly humble but indeed flattering reverences yet in the end both deposed him and put him to death but our own experience outvies all else in the Horrid murther of our late dread Soveraign which is related in the former parts the punishment whereof is fully related in this last part and therefore I shall no more thereof in this place You may have observed that the practice of our Regicides was after they had ruined the Gentry to advance their own kindred and allyes though never so insufficiently unworthy to the most profitable places of the Common wealth by which means all kind of exorbitances were committed without controul the Death of the King being attended with infinite oppressions as in such changes is usual which made Writers say that the Death of Caesar was no benefit to the Romans but rather brought greater Calamities on them they underwent befere as may be found in Aspian The success was the like when Nero fell for the next year that followed after his Death felt more oppression and spilt more blood then was shed in all those nine years wherein he had so tyrannically reigned So when the Athenians had expelled one Tyrant they brought in thirty and when the Romans expelled their King they did not put away the Tyranny but only change the Tyrants But such and so tender is the hand of heaven over us that he hath not only restored our Kings as at the first and all our Counsellors as at the beginning but brought us home our King so accomplished and pious that we must needs confesse with the Children of Israel because the Lord hath a delight in us therefore hath he made him King over us Oh then let us render without grudging unto Caesar the things that are Caesars acknowledge him as Gods immediate Vicegerent not prescribing him in what manner we will be ruled nor by what means But in all things with obedience and humility to submit to his command like Julian the Apostata's Soldiers who would not sacrifice at his words sed timendo potestatem contemnebant potestatem in fearing the power of God they regarded not the power of man yet when he led them against his enemies Subditi errant propter Dominum eternum etiam Domino Temporali I will conclude all with one word of Advice Since God hath so bettered our condition that our words are hardly able to express our happinesse to avoyd the danger of a relapse through a too carelesse security let circumspection moderation take away all bitternesse rather reflecting on the offences then the persons of any offenders so it may be those concerned will not be so desperate to proceed on further in their wicked courses but with speed retire and make some recompence to inâ—ured parties by their future provident endevours for the Common good And for these Loyal hearts who have borne the brunt of the storm both at home and abroad since God hath rescued them as brands out of the fire 't is hoped they will be nothing the more secure in their vigilant care of future occurrences having alwayes a provident eye for the timely prevention of such inconveniencies as might steal on them in their own or be intended against them from forrain parts That so the Throne of our Solomon may continue for ever and peace be upon our Israel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sed bene velle meretur veniam Cicero THE END ☞ There is now in the Press ready to come forth that so much desired Book intituled An Exact History of the Life and Actions of Hugh Peters As also his Diary Sold by H. Brome and H. Marsh c.
Birkhead by Dures of Imprisonment with the connivance of the Commons Col. Bromfield Hooker Cox and Baynes Citizens who the last year were committed upon suspition of High Treason to which every offence against this new Babel-state is now wrested notwithstanding the Stat. 25 Edw. 3. for limitation of Treasons as in an infectious season all diseases turn to the plague and were then discharged for want of matter to make good the Charge are now again imprisoned in the first year of Englands Liberty at the request of Birkhead Sergeant at Armes to the Commons until they pay such unreasonable Fees as he pleases to exact from them This had been great Extortion and Tyranny in the KINGS time when this Nation enjoyed so much freedome as to call a Spade a Spade an Extortioner an Extortioner and a Tyrant a Tyrant And reason good for if such Fees be legally due Birkhead hath Legal means to recover them if not Legally due it is Extortion in him to demand them in so violent a way and Tyranny in his Masters the Commons to maintain him in it Sir Henry Mildmay lately coming to the Tower and perceiving the Countess of Carlisles window had some prospect to Col. Lilborns Grates out of his parasitical diligence told the Lievtenant of the Tower 219. Sir Har. Mildmay's Politick Observations Chaste Conversation and first initiation at Court That notwithstanding the distance was such as they could not communicate by speech yet they might signifie their intentions by signs upon their fingers to the prejudice of the tender infant State and accompanying this admonition with some grave and politick Nods hasted away to the Councel of State and being both out of breath and sense unloaded himself of his Observations there and was seconded by Tho. Scot the Demolisher of old Palaces and Deflowrer of young Mayden-heads before they are ripe who much aggravated the danger and applauded the Observator Sure Sir Henry hath not yet forgot the bawdy Language of the hand and fingers since he first in Court began to be Ambassadour of Love Procuror Pimp or Pandor to the Duke of Buckingham and laboured to betray the honour of a fair Lady his nearest Ally to his Lust had not she been as Vertuous as he is Vitious if it be possible for any Woman to be so and did actually betray others to him I can tell you that very lately Sir Harry pretending himself taken with the Wind-collick got an opportunity to insinuate himself into a Citizens house in Cheapside and tempted his Wife but had a shameful repulse but more of this I will not speak lest his Wife beat him and give an ill example to other Women to the prejudice of our other New States-men 220. Felons fetched out of Newgate to inform against Merchants for not paying Customes and their New erected Sodomes and Spintries at the Mulbury-garden at St. Jamses Master Gybs Master of a Ship having caused three fellows to be committed to New-gate upon Felony for Robbing him These Fellows sent to Col. Harvey That if he would procure their Liberty they would discover to him several Merchants who had lately stoln Customes Whereupon Harvey sends for those Rogues out of New-gate hears their Accusation approves it prosecutes the Merchants upon the Information of those Villains discharges them of their Imprisonment by his own power and recommends them to Col. Deane to be imployed in the Navy And one Master Lovel a Silk-man in Saint Lawrence-lane is committed to the Gate-house Prisoner because he refuseth to swear how many Bayl 's of Silk he hath come over If the first year of our Liberty make such presidents what Monsters will the Sixth and Seventh year produce All Princes begin with moderation The Elders gave good Councel to Rehoboam Serve the People one day and they will serve thee for ever hereafter Nero had a commendable Quinquennium But our Novice Statists are Tyrants ab incunabilis Oppressors with shels upon their heads from the Nest before they are fledge what will they be hereafter 221. Sommer-hill given to Bradshaw A sop for Cerberus Sommerhil a pleasant Seat worth 1000 l. a year belonging to the Earle of Saint Albans is given by the Juncto to their Blood-hound Bradshaw so he hath warned the Countess of Leicester who formerly had it in possession to raise a Debt of 3000 l. pretended due to her from the said Earle which she hath already raised four-fold to quit the possession against our Lady-day next The Protestation and Declaration THe Premises considered I do hereby in the name and behalf of my self and of all the Free people of England Declare and Protest That the General Councel of War and Officers of the Army by their said violent and treasonable force upon the far major more honest and moderate part of the House of Commons being above 250. and leaving only fifty or sixty Schimaticks of their own engaged Party sitting and voting under their Command and almost all of them such as have and do make a prey of the Commonwealth to enrich themselves and their Faction have broken discontinued and waged War against this Parliament and have forfeited their Commissions And the remaining Faction in the House of Commons by abetting ayding and concurring with the said Councel of War in the said rebellious Force and by setting up new illegal and arbitrary Courts of Judicature to Murther King CHARLES the First our lawful King and Governour who by his Writ according to the Law summoned and authorised this Parliament to meet sit Principium Caput finiâ— Parliamenti Oaths of Allegiance and Supremacy and advise with him and was the Fountain Head and conclusion or suâ—matory end of the Parliament and Supreme Governour over all Persons and in all Causes of this Kingdome and by Abolishing the House of Peers and the Kingly Office and Dis-inheriting the Kings Children and Vsurping to themselves the Supreme Authority and Legislative Pâ—wer of this Nation in order to make and establish themselves a Councel of State Hogen Mogens or Lords States General and translate the said Supreme Power and Authority into the said Councel of State and then Dissolve this Parliament and perpetute their said Tyranny and this Army and Govern Arbitrarily by the Power of the Sword and raise what illegal Taxes they please and eat out consume and destroy whosoever will not basely submit to their Domination See 1. part sect 105 106. and the Conclusions 15 16 17 18. and return to sect 79 109 110. Stat. of Recognition 1 Jac. Oaths of Algiance and Supremacy Have by the aforesaid wayes and means totally subverted this Common-wealth and destroyed the fundamental Laws Authority and Government thereof Dissolved and Abolished this and all future Parliaments so that there is now no visible lawful Authority left in England but the Authority of King CHARLES the Second who is actually KING of all his Dominions presently upon the Decease of the King his Father before any Proclamation made
these proceedings nor amongst such Judges and this rod of Iron is provided to bruise his Country as well as himself Lieutenant Collonel Lilbornes Trial hath taught them That it is an easier Matter for them to pack a Butcher-Rowe of confiding partiall Judges then a Jury who are liable to be challenged if suspected of partiality When Collonel Andrewes claimed to be tried legally as a Freeman by a Jury and vouched Great Charter and many other Statutes whereof see his aforesaid 3. Answers that sneaking Bloud-sucker illiterate Keeble answered Those Statutes were out of date now meaning They were taken away by conquest So that this Shamble Rowe of Judges take upon them to be both Judges of the Law without acknowledging the Fundamentall Lawes of the Land or taking any Oath of Indifferency to the People Triors of the Fact or Jurates of life and death without being sworn to find according to Evidence as well as Parties and Prosecutors Theeves upon the high way may as justly arraign a True man before them because he brought no more Mony in his purse offered to draw his sword and hid his mony about him in contempt of their Jurisdiction and Authority and condemn him upon such a Mock Triall and Mummery or Enterlude of Justice as these Fellows If they allow him Counsel his Counsel must apprehend the mindes of his Judges at his perill and not be so faithfull and diligent as to help his client in earnest Lest the Counsel of State or some other power whose will is a Law interpose and banish him 20. miles from London as they did Master Sprat Sir John Gells Solicitor before Sir Johns businesse was ended whereby Sir John was left destitute of meanes to follow his businesse himself being Close Prisoner If they permit any witnesse to speak on the prisoners part He comes at his perill Sir John Gells first witnesse was so baffled in Court that the rest stole away and durst not appear I have not heard whether they give any Copy of their Aricles of Impeachment to the Prisoner for they cover all their doings with such a Plaguy Egyptian Darknesse that we cannot see a glimpse of light or whether they go a Starre Chamber way and make him Answer Ore tenus and ex tempore for his life and Estate But if they give him any Copy or any time to answer it is not above four or five daies or a week nor do they allow him Counsell or any other Clearing of the way to his defence untill he have ensnared himself by owning their Jurisdiction and pleaded the Generall Plea Not Guilty If he pleade not an Issuable Plea and yield to their Jurisdiction quitting all benefit of the Law and Legall proceedings the Razor is at his throat they thirst after his Bloud and they presently sentence him guilty of contumacy and take it pro confesso And if he do submit and plead His plea will have the operation but of a Psalm of Mercy prolonging his life but for a short time in the interim Keeble and his Court plays with him as a Cat with a Mouse and then devours him For no man is sent to this Court to be Tried but to be condemned In hac arena dimicatur sine missione Herein they shew themselves much more Tyrannous and bloudy then the Duke D' Alva when he erected his said Counsel of Troubles called Concilium Sanguinis or the Bloudy conventicle as this will shortly be For saith Strada Declar. 1. lib. 7. Procurator reginus menses 4. Conficiendae Accusationi accipiens sibi 5. Concedebat ad Defensionem regis Egmontio Hornano c. The Kings Atturney took 4. Moneths time to draw up the charge or accusation and gave 5. Months time to the Respondents to make their defence And had he given less then 5. Moneths time To Instruct Counsel Pen their Answers produce and summon witesses inquire into the lives and conversation of their Accusors his feet had been swift to shed bloud Nulla unquam de morte hominis cunctatio longa est But our Inquisitors take whole yeares to themselves to hunt for Matter of Accusation and hire and engage witnesses against men kept in ignorance and want with close Imprisonment and allow not them so many daies to make their Defence All manner of Accusors and witnesses though apparently suborned and forsworn in the same cause and proofes without exceptions offered to the Court that they are of infamous life and conversation are in this Court the Object of whose desires are Bloud and Confiscations not Justice lawfull witnesses such witnesses were the said Bernard and Pits Monsters of men See Sir John Gells case stated Printed about August 1650. To cite any antient known Laws or Statutes or any other then their own new coined Acts passed by this 8th Parts of a House of Commons since they became elect Members chosen by Thomas Pride is to incur the High Indignation of the Court expressed abundantly in their words and looks But to put them in mind of the Parliaments many Declarations To maintain the antient known Laws Liberties and Properties of the People is to scandall the present Government and incur the Censure of that unknown Mysterious Crime which knaves call Malignancy The witnesses and Judges being thus irrefragable the first may swear what they will the second may judge what they will since they are left at large and have all things in scrinio pectoris and Book Law must give place to Bench Law The Jurisdiction and Authority of this New unparalled Court is such a Mistery of iniquity so unscrutable and unquestionable that if a Prisoner scruple in the least either it or any of the uncouth proceedings of it it is a Mortall Sinne to him and he is presently interrupted See the Trial of King Char. I. in the History of Independency 2. Part. pag. 91. c. and affronted both with disdainfull words and looks And told We are satisfied with our Authority that are your Judges So are Theeves upon the high way satisfied with their Authority that rob and murder us by Gods Providence and permission It is upon Gods Authority and the Kingdoms yet what they do is against the will of God revealed in his Scriptures and against the known established Lawes Statutes and continuall Practise of the Kingdom Which Authority commands you in the name of the People of England to answer them Yet at least 9. Parts of 10. of the People so much abhor these and other their Practises that every mans mouth speakes against them with bitter curses and reproaches to restrain which they have minted Acts of New Treasons to make men Offenders nay Traitors even for bare words and erected this bloudy illegall Theater The High Court so called for its High Injustice as a Spanish Inquisition over them and every mans hand would be about their eares did they not keep an Army of Janisaries to suppresse them Their Authority they do avow to the whole World that the whole Kingdom are
and I pray God that all the mischiefs of the remaining Achitophel's Shimei's and Rabshakeh's may fall upon their own heads but peace happiness and prosperity may waite on our Solomon that he may be blessed and his throne be established before the Lord for ever To Conclude As your Loyalty in the worst oftentimes hath been signal if in nothing else yet in sufferings so dispise not to read this tractate wherein I dare presume you will find something which before you knew not the work ' its true is short but will not I hope want substance inest enim sua gratia parvis and to remember these things certainly cannot be irksome Saepe recordari medicamine melius omni to see and escape danger causeth not only admiration but pleasure which that you may receive with content by the perusall hereof is desired I shall only add one word in particular first to the Nobility You are Right Honourable Princes in the Congregation of our Israel Men of renown exemplarily both in your names and honours Be as eminent in service for your Prince as obliged to him for favours that it may be recorded of you as it is of Davids Worthies These are the mighty men which David had who strengthened themselves with him in his Kingdom according to the word of the Lord. 2. To the Gentry You are they whom Jethro counselled Moses to provide out of all the people to assist him and be mediatours between Prince and People approve your selves according to that counsel to be able men such as fear God men of truth and hating covetousness so shall the Lord give a blessing as he hath promised 3. To the Clergy God hath made you as a Beacon upon an hill that you might forewarn Israel of her sins ye are the salt of the Earth while you preach to others be not your selves cast away but in season and out of season labour labour to declare Christ not of contention and strife but sowe the word to effect that fruit may grow thereby And lastly to the Commons who are tumidum instabile vulgus I shall only wish that they will labour for peace and according to their Royal Princes dictate in his late Declaration concerning Ecclesiasticall affairs acquiesce in his condescentions concerning the differences which have so much disquieted the Sate by which endeavour all good Subjects will by Gods blessing enjoy as great a measure of felicity as this Nation hath ever done which is the earnest prayer of No. 2. 1660. Your c. T. M. THE HISTORY OF Independency The Fourth and Last part THE former parts of this Book having traced the prevalent and strong Factions of Presbyterian and Independent The Proeme through the several devious pathes wherein they marched and with what devillish cunning they did each endeavour to be greatest by surprising or at least undermining the other until at last they unriveted the very foundations of Government by the execrable murther of their undoubtedly lawful Soveraign a crime so abhorred that it is even inexpiable not to be purged with sacrifice for ever I say these things having received so lively a delineation in the former parts shall need no new recitalls I shall then begin at the end thereof which was when the sacred Reliques of betrayed Majesty specie justitiae received a fatal stroke from blood-thirsty hands neither able to protect it self or be a shadow and Asylum for rejected Truth and unspotted Loyalty Thus in an unsetled and confused posture stood poor England when the Sceptre departed from Israel and the Royal Lyon was not only robbed of his prey but his Life which Barbarism once committed what did the Independent Faction now grown chief ever after stick at Having tasted Royal Blood the Blood of Nobles seemed but a small thing to which end and to heighten and perfect their begun villanies they erect another High Court of Justice Lords H. H. C. tryed for the Tryal of James Earl of Cambridge Henry Earl of Holland George Lord Goring Arthur Lord Capell and Sir John Owen Knight whereof that Horsleech of Hell John Bradshaw was also President who with sixty two more as honest men as himself by a Warrant under the hands of Luke Robinson Nicholas Love and J. Sarland summoned for that purpose did accordingly appear upon Munday the fifth day of February 1648. for the putting in Execution an Act of Parliament as they called it for the erecting of an High Court of Justice for the trying and adjudging the Earls and Lords aforesaid with whom according to their fore-settled resolution making short work for they would admit of no plea of the five they presently condemned three to lose their heads on a scaffold in the Pallace-yard at Westminster Lords condemned on Friday the ninth day of March which day being come about ten of the clock that Morning Lieutenant Collonel Beecher came with his Order to the several Prisoners at S. James's requiring them to come away from whence they were immediately hurried in Sedans with a strong guard to Sir Thomas Cottons house at Westminster where they continued about two hours spending the whole time in holy devotion and religious exercises After which the Earl of Cambridge preparing first for the Scaffold after mutual embraces and some short parting expressions to and for his fellow-sufferers he took his leave and went along with the Officers attended on by Dr. Sibbalds whom he had chosen for his Comforter in his sad condition Being arrived at the Scaffold and seeing several Regiments both of horse and foot drawn up in the place after he had waited a little while with a fruitless hope and expectation of receiving some comfortable news from the Earl of Denbigh who was his Brother having sent for his Servant who being returned and having delivered his Message to the Earl of Cambridge privately he said So It is done now Hamiltons speech at his death and turning to the front of the Scaffold he spake to this effect That he desired not to speak much but being by providence brought to that place he declared to the Sheriff that the matter he suffered for as being a Traytor to the kingdom of England he was not guilty of having done what he did by the command of the Parliament of his own Countrey whom he durst not disobey they being satisfyed with tbe justnesse of their procedure and himself by the commands by them laid upon him and acknowledging that he had many wayes deserved a worldly punishment yet he hoped through Christ to obtain remission of his sins That he had from his Infancy professed the same Religion established by Law in the land That whereas he had been aspersed for evil intents towards the King all his actions being hypocritically disguised to advance his own self-interest hereto he protested his innocency professing he had reason to love the King as he was his King and had been his Master with other words to the same effect That as to the
matter of invitation into the kingdom he referred himself to the Declaration then in Print and setting forth how ready and willing he was ever to serve the English wishing happinesse and peace to them and praying that his blood might be the last that should be drawn heartily forgiving all saying I carry no rancour along with me to the grave That his Religion was such as he spoke of before whose Tenets he needed not to expresse as being known to all and himself not of a rigid opinion being not troubled with other mens differing judgments with which words and forgiving all that he might have even the greatest animosity against he kneeled down with Dr. Sibbald and prayed with much earnestnesse and devotion which pious exercise performed and some short ejaculations passing between himself and the Doctor the Earl turning to the Executioner said Shall I put on another cap and turn up my hair Which way is it that you would have me lye Sir The Executioner pointing to the front of the Scaffold the Earl replyed What my head this way Then the Undersheriffs son said My Lord the Order is that you lay your head toward the High Court of Justice Then the Earl after some private discourse with his servants kneeled down on the side of the Scaffold and prayed a while to himself afterwards with a smiling and cheerful countenance he embraced the Doctor in his Arms and then his servants saying to them Ye have been very faithful to me and the Lord blesse you then turning to the Executioner said I shall say a very short prayer while I lie down there and when I stretch out my hand my right hand then Sir do your duty and I do freely forgive you and so I do all the World So lying down and having fitted himself Hamilton executed devoutly praying to himself a short space he stretched out his right hand whereupon the Executioner at one blow severed his head from his body which was received by two of his Servants then kneeling by him into a Crimson Taffeta scarfe and that with the body immediately put into the Coffin brought thither for that purpose and so carried to Sr. John Hambletons house at the Mewes This Execution done the Sheriffs guard went immediately to â—â—tch the Earl of Holland whom they met in the midway where the under Sheriffs son having received him into his charge conducted him to the Scaffold Mr. Bolton passing all the way hand in hand with him Being come upon the same and observing he could not spake aloud enough to be heard by the People by reason of the numerousness of the Souldiery that encompassed him he said Hollands speech on the Scaffold I think it is to no purpose to say any thing then proceeded That his breeding had been in a good family that had ever been faithfull to the true Protestant Religion in which he had ever lived and now resolved by Gods grace to dye That he hoped God would forgive him his sins though he acknowledged his Justice in bringing him thither for punishment of them in this World He observed that he was looked on as one that had ill designs against the State Truly saith he I look upon it as a judgement not having offended the Parliament in any thing save an extreme vanity in serving them very extraordinarily That his affections had been ever known to be faithfull and without wavering where the Parliament wrought changes beyond and against reason and Religion there He left them That he ever sought the peace of the Kingdom and that made him do what he did That he knew not how to judge of the then present affairs but should pray that the Kingdome might be again governed by the King by the Lords by the Commons and that the People may look upon the Posterity of the King with that affection they owe that they may be called again without bloodshed and admitted into that power and glory that God in their birth intended to them That he wisheth happiness even to the causers of his death praying heartily to God to forgive them And as Chancellor of Cambridge really praying that that University might flourish and be a continuall Nursery both to Learning and Religion Then mentioning again his Religion and family relating something to his own behaviour and his being a great sinner yet that he hoped God would hear his prayers and give him faith to trust in him with his prayers for the People he ended Then turning to the side he prayed for a good space of time after which by the instigation of Mr. Bolton he said That he was the less troubled with his violent death when he remembred how his Saviour suffered for him and again when he considered the King his Master not long before passed the same way with others at this time with himself with a serious and pithy justification of his said Master the late Kings Majesty a short recapitulation of his first speech concerning his Actions Religion breeding and sufferings After all wholly casting himself on the merits and mercies of Jesus Christ forgiving his Enemies praying for peace and that their blood might be the last which was shed strangely the tryall being as extraordinary as any thing in the Kingdom but he owned it as Gods hand then having some divine conference with Mr. Bolton for neer a quarter of an hour and spoken to a Souldier that took him prisoner and others he embraced Lievtenant Collonel Beecher and took his leave of him After which he came to Mr. Bolton and having embraced him and returned him many thanks for his great pains and affection to his soul he prepared himself to the block whereupon turning to the Executioner he said here my friend let my Cloaths and my body alone there is ten pounds for thee that is better than my cloaths His behaviour I am sure of it And when you take up my head do not take off my cap then taking his farewell of his Servants he kneeled down and prayed for a pretty space with much earnestness Then going to the front of the Scaffold he said to the People God bless you all God give all happiness to this Kingdom to this People to this Nation Then laying himself down he seemed to pray with much affection for a short space and then lifting up his head seeing the Executioner by him he said stay while I give the signe and presently after stretching out his hand and saying now now just as the words were coming out of his mouth the Executioner at one blow severed his head from his body E. of Hâ—ll death The Execution of the Earl of Holland being thus performed the Lord Capell was brought to the Scaffold as the former and as he passed along he put off his hat to the People on both sides looking about him with a very stern countenance when mounting on the Scaffold having before taken his leave of his Chaplain and bidding his Servants that were