Gentlemen of the best quality vvere named vvhom they could not omit because they had sate vvith them and concurred in all their great debates although they had more confidence in those petty Fellovves vvho had or vvould sell their soules for gain to make themselves Gentlemen to debarre the said Gentlemen of quality therefore and make them forbeare they invented an expurgatory Oath or Shibeleth to be taken by every Member before his initiation vvhereby they should Declare That they approved of vvhat the House of Commons and their High Court of Iustice 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 Chair-man 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 shall doe for the future but could not confirme what they had done in relation to the King and Lords so it vvas referred to a Committee to consider of an expedient Cromwell having made use of the Levellers Assertors of publique Liberty to purge the House of Commons 115. Cromvvels usurped povver VVhen the House of Commons opposed Cromvvells and … on s designs they cried up the Liberty of the People and decried the Authority of Parliament untill 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 Authority 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 Protestants of Germany and then used an Army of Protestants to subdue and imprison the Pope and abolish the Lords House doth novv endeavour to cast dovvne the Levellers once more finding himselfe raised to so great an height that he cannot endure to thinke of a levelling equality he oversvvaies the Councell of VVarre over-avves the House of Commons and is Chair-man and Ring-leader of the Councell of State so that he hath engrossed all the povver of England into his ovvne 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 ovvne more Lordly Interest he procured an expedient to Alter and Reforme the said Oath vvhich at last passed in this forme follovving February the 22. 1648. 116. The forme of the said reformed Oath I A.B. being nominated a Member of the Councell of State by this present Parliament doe testifie that I doe 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 Councell 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 doe 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 therein faithfully pursue the Instructions given to the said Councell by this present Parliament Here you see a curtaine drawn between the eys of the people the clandestine machinations and actings of this Councell and not reveale or disclose any thing in whole or in part directly or indirectly that shall be debated or resolved upon in the Councell without the command or direction of the Parliament or without the order or allowance of the major part of the Councell or of the major part of them that shall be present at such Debates or Resolutions In confirmation of the premises I have hereto subscribed my Name 117. The C of VVar debate to massacre the Kings party See Will Sedgvvicks Iustice upon the Armies Remonstrance About this time it vvas debated at the Councell of VVarre to Massacre and put to the Sword all the KING's Party The Question put vvas carried in the Negative but by tvvo Voices You see vvhat Furies pursue these sinfull VVretches and vvhat dangerous rocks they dash upon in order to that base and covvardly principle of Self-preservation 118. Schismaticall Petitions for 2. or 3. principall Gentlemen in each Country to be brought to justice The Army hath in every County of England packs of schismaticall Beagles vvhom they hollovv on to hunt in full crie by Petitions to the House after the bloud of such vvhom they design for slaughter Many Petitions have been lately presented That two or three principall Gentlemen of the KING's Party by name in each County might be sacrificed to Iustice whereby the Land might be freed from bloud-guiltinesse Divers Merchants have contracted to send forth severall Ships for the next Summers Fleet at their ovvne charge 119. Marchants arming Ships for this Summers Fleet. The prodigious High Court of Iustice vvas revived in order to the Triall of the Earle of Holland the Earle of Cambridge the Earl of Norwich the Lord Capel and Sir Iohn Owens 120. The High Court of Iustice revived the Commissioners vvere changed that they may engage as many men in arbitrary illegall tyranny and bloud-shed as they can Hamilton vvas exceedingly importuned by Cromwell vvho tooke a journey to VVindsor purposely to name such Members of Parliament and Citizens as had any hand in calling him in 121. The History of Hamiltons imprisonment and death See digitus Dei upon Duke Hamilton this he either could not or vvould not doe he had in order to his ovvn ambition first exasperated the Independent party against the KING and aftervvards sought their ruine by engaging for the KING and he doubted that to undertake so odious an office as to play the Devils part and be an Accuser of his Brethren vvould but set a glosse upon the Independents intended severity against him Being brought to St. Iames's in order to his Tryall Cromwell hoping to traine him to a confession caused all his Creatures to carry a favourable countenance to him Bradshaw smoothed him up vvith soft language at the Barre the Lord Gray of Grooby Col VVayte and Hugh Peters gave him hopes that they vvould not much obstruct his pretended Plea of Quarter from Lambert upon Articles Peters avouched Quarter so given by Lambert notvvithstanding Colonel VVayte vvhen he made Report to the House of Commons hovv he took him affirmed He yeilded at discretion and Lambert was not then neer him after this Peters gives Hamilton a Visit
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 Kingdome did forbeare to proceed judicially against Him but found by sad experience that such their remissnesse served onely to encourage Him and His Complices in the continuance of their evill practices and in 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 Trayterously and malitiously 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 〈◊〉 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 Iohn Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harrington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaac Pennington Alderman Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Pureâ—oy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berckslead Col. Mat. Tomblinson Iohn Blackston Esq Gilb Millington Esq Sir Will Cunstable Col. Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Lavesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburne Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburne Col. Adrian Scroope Col. Richard Deane Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Ioh Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Es Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston 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 Eq. Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Hump Edwards Esq Greg. Clement Esq Iohn Fray Esq Tho VVogan Esq Sir Greg Norton Serj. Iohn Bradsaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Alder Thomas Scot Alder Tho. Andrewes Ald VVilliam Cawley Esq Abraham Burrell Esq Col. Anthony Stapley Roger Gratwicke Esq Iohn Downes Esq Col. Thomas Horton Col. Tho. Hammond Col. George Fenwicke Serj. Robert Nichols Robert Reynolds Esq Iohn Lisle Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn VVeaver Esq Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Es Augustin Skinner Es 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 Browne Esq Iohn Lowrey Esq Mr. Bradshaw nominated President Counsellors assistant to this Court to draw up the Charge against the KING are Doctor Dorislow Master Steele Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerk to the Court. Messengers and dore-keepers are Master VValford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Iudges for the hearing Trying and Iudging of the said Charles Stuart and the said Commissioners or any 20. or more of them shal be and are hereby Authorized and Constituted an High Court of Iustice 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 hande and seales shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of VVestminster and to adjourne 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 whether VVitnesses upon oath were necessary upon Trials of life and death But I confesse that upon the defensive part upon Indictments VVitnesses upon oath were not to be heard against the King much more Accusers of the King and for examination of VVitnesses upon oath if need be coneerning 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 Fairfax * * The Generall is no Officer of justice All welaffected Persons tag and rag invited to assist in a Tumultuary 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 doe continue for the space of one Month from the Date of the making hereof and no longer 60. A new Great Seale to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seale against Him because it vvas the Kings Great Seale no more could they use any of our Lavves Courts or Iudges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither vvould the Grace of God square vvith their proceedings they must therefore make a nevv Great Seale but that vvas long a making and their fingers vvere in the fire they therefore proceeded vvithout any Commission under Seale onely upon the said Ordinance and every Commissioner set his ovvne hand and seale to the publique instruments of their proceedings vvhat need ceremonies vvhen men are resolved upon the substance 61. The Iews petition the Councell of VVar to have the Stat of their banishment repealed About this time the Hebrevv Ievves presented a Petition to the uncircumcised Ievves of the Councell of VVarre That the Statute of Banishment against them may be repealed and they readmitted 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 demanded Hugh Peters and Harry Martyn solicite the businesse Vpon this occasion vvas published this Paper ensuing 62. A Paper published upon occasion of
more than My owne particular ends makes Me now 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 Iudges I cannot be Iudge 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 doe 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 doe 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 Iurisdiction of the Court and a delay Yet the Court vvithdrevv for half an hovver advised upon it and sate 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 notvvithstanding vvhat You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed againe againe 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 Clerk read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat whereas the Commons of England in Parliament had appointed them an high Court of Iustice 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 refused so to doe 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 Charles 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 Iudgement 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 your Prisoner King I am not suffered to speak expect what Iustice 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 Attendants of the Court. Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir John Bowcher Sir James Harringtoâ— Sir William Brereton Will Hennigham Es Isaac Pennington Ald Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Colonel John Berkstead Sir Will Cunstable Col. Edward Ludlow Col. Jo Hutchingson Col. Rob Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Es 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 Dennes 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 Andrewes Ald William Cauwley Esq Col. Anthony Stapley John Liste Esq John Corbet Esq Thomas Elunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq Mr. Bradshaw nominated President Counsellours assistant to this Court and to dravv up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Phileps Clerke to the Court. Messengers and Dore-keepers are Master VValford M. Radley M. 〈◊〉 M. Pâ—vvell Mr. Hull and M. King Cryer 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 frighted away And in order to this designe against the King the House of Peers voted downe and yet the House of Commons when intire is no Court of Judicature nor can give an Oath Had indifferent men 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 Civill 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. Februarij 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 Councell to hang all such as they shall adjudge Disturbers of the Army 1. Part of Englands lyberty in Chaines sub fine And the Hunting of the Foxes c although no Members of the Army they must
It will not be charged upon the remaining party or to have been within their power to prevent it or repaire it to this I reply that it is doubted the remaining party being the Army party contrived it in their Iunto at Somerset-house for p. 23. it is acknovvledged they called and appointed the Army for their Guard vvhich vvas not openly done by a full House it must be therefore secretly done by a party See many Reasons for this conjecture before § 24. Farther they say That the safety of the Kingdome ought to be preferred before priviledge of Parliament and that if their House had declined their duty viz by not Acting they had resigned up all to ruine and confusion from vvhence should this ruine and confusion come but from their ovvne Army vvhich they perpetuate to eate up the Kingdome and continue their ovvne power and profit and I vvonder they did not use the same moderation after that childish Tumult of Apprentices but Declared all Acts c. passed from 26 Iuly vvhich day the Tumult began and ended to the 6. August null and void And endeavoured to make the very sitting of the Members and the Citizens obeying to the said Orders though no Iudges of the force Treasonable they deny they sit novv under a force the Army being their best friends called by them for their safety Indeed it is generally thought the Army and this remnant of the House of Commons are as good Friends and Brethren as Simeon and Levi Pilate Herod vvere and vvere called to secure the Members purge the House yet if the remaining party should Vote contrary to the Dictates of the Councell of VVar Quaere 2 Part of Englands New Chaines and the Hunting the Foxes c. VVhether they vvill not be used as uncivilly as the secured Members nay vvorse by being called to account for cousening the State p. 24. They say There is a cleer consistency of our Lawes with the present Government of a Republique I desire to knovv vvho by our Lavv can call or hold a Parliament but the KING vvho is Principium Caput Finis Parlamenti vvho is the fountaine of Iustice Honour Peace vvhen vve have no King vvho is Conservator of the Lavves and Protector of the People vvhere is the Supreme Authority to Vote it in their ovvne case to be in a Representative of 50 or 60 Commons vvithout legall proofs or precedents is to lead Mens reason captive as vvell as their Persons and Estates to impose an implicite faith upon Man not to use discourse and reason against their Votes is to take Man out of Man to deny him his definition Animal rationale to vvhom doth the Subject ovve Allegiance and vvhere is the Majesty of England vvhen there is no King for all Treason is Crimen laesae majestatis contra debitam ligeanciam Therefore vvhere by the knovvn Lavvs no Allegiance is there is no Treason Lastly if our present Lavvs be so consistent vvith the Republique I desire to knovv vvhy they did not Trie the 4 Lords legally at the Common Lavv by their Peeres and Sir Iohn Owen by a Iury of 12 Men of the Neighbourhood according to Magna Charta and other good Lavvs but vvere faine to put a Legislative Trick upon them and erect such a Court for the Triall of them as vvas never heard of in England before nor hath no place in our Government They conclude p. 26. That as they have not intermedled with the assaires and Government of other States so they hope none will intermeddle with them This assertion is as true as the rest it being vvell knovvne that for about 3 years last pass'd they have boasted That they have many Agents in France vvho under colour of Merchandise vent Antimonarchicall Anarchicall Tenents and sovv seeds of Popular Liberty amongst the poore Peasants and Hugonots of France vvhich they brag prospered vvell there their very declared principles and doctrine of ther Pulpilts and Army are That they must break the Powers of the Earth in pieces Monarchy must dovvn all the vvorld over first in England then this Army must put over and manumit the Peasants of France the Boors of Germany c. And divers of this Party have reported that they have supplied the Revolters of France with money their Licenced Nevvs-books are full of this Doctrine and of many invectives against the Tyranny of the French King 134. Harry Martin's Iudgement of the King and Kingly Government Such vvere their proceedings against the King or rather against Kingly Government vvhich vvas cut off by the same Axe that murthered the King and vvas indeed first in their intention though last in execution as appeareth by Harry Martin's Speech in the House upon the Debate VVhether a King or no King That if they must have a King he had rather have had the last than any Gentleman in England he found no fault in His Person but in His Office 135. The Councell of Officers endeavour to joyn Interests with the Papists in England Ireland The KING had offended the Papists in the last Treaty by granting so much to the Parliament for their suppression The Independents perceiving it and vvilling to joyne vvith any Interest to make good their Designe It vvas proposed at the Councell of Officers That the Papists should raise and pay about 10000. Additionall Forces for this Army in recompence whereof all penall Lawes concerning them should be repealed all Taxes and Contributions taken off and they to have the protection of this Parliament and Army Vnder the same notion they endeavoured to joyne Interests vvith Owen Roe Oneale Ovven Roe Oneale that commanded the bloudy Party of massacring Irish vvith vvhich they had formerly taxed the King they supplied him vvith Ammunition and admitted O Realy The Popes Nuntio the Popes Irish Nuntio to a Treaty here in England Sir Iohn VVynter vvas taken into imployment and the Arrears of his Rents gathered for him by Souldiers to the regret of the Countrey Sir Kenelme Digby had a Passe to come into England and came as vvas foretold by a Letter from an Independent Ag nt for the Army from Paris to an Independent Member of the House of Commons a Creature of the Army bearing Date 28. Nov. 1648. and printed at the latter end of The True and full Relation of the Officers Armies forcible seizing of divers eminent Members c. VValter Moungue let forth upon Bayle vvhat becomes of this Negotiation and vvhether those that have played fast and loose vvith all Interests in the Kingdome have not done the like vvith the Papists I cannot yet learne This VVinter 136. Scarcity of Coals how ocasioned and why Coales as vvell as other things had been at excessive rates in the City vvhereby many poor perished vvith cold and hunger vvhat the reason thereof vvas besides unreasonable Taxes Excise and Souldiers quartering in and neer the City vvas diversly disputed most Men imputed the blame to
and fundamentall 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 VVard 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 vvhole yeare and be uncapable of any of the said Places yet novv these petty Fellovves keepe the vvhole City in avve 39. Yet this Agreement since inserted into the Remonstrance of the Army owned by the Generall and Councell of VVarre and Nov. 20. 1648. obtruded upon the House These multiplied Votes and Ordinance laid this Agreement of the People asleep untill the beginning of November 1648. vvhen to hinder the peace of this Kingdome and reliefe of Ireland the Iesuits and Agitators prosecuted it againe in the Army and inserted it againe verbatim in the Remonstrance of the Army Novemb 20. 1648. to breake off the Treaty with the King bring him to capitall punishment and cast the odium of all upon the Parliament And the Generall and his Councell 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 vvhen 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 vvhen the House at last closed up the Treaty vvith this Vote That the Kings Answers to the Propositions of both Houses were a ground for the Houses to proceed upon towards a setlement 40. VVhy they purged the House They seized upon 41. Members of Parliament secured them and villanously treated them secluded above 160. and frighted avvay at least 40. or 50. more leaving onely their ovvne Somerset-house Iunto of 40. or 50. thriving Members sitting to Vnvote in a thin House under a force vvhat had been voted in a full and free House To vote dovvne 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 capitall punishment before a nevv invented illegall mixed Court consisting of engaged Persons erected for that purpose that hath neither foundation by prescription nor Lavv and to erect a Councell or Committee of States out of their number in the nature of Lords States Generall or Hogen Mogens vvith an unknovvn and therefore unlimited Authority to continue in being after the dissolution of this Parliament So farevvel Kings Lords and Commons Religion Lavves and Liberties and all Votes Declarations Remonstrances Protestation and Covenant made heretofore only to gull the People and carry on their designe About 19. 41. Diverse Lords doe homage to the Generall and wave their honours Decemb. divers Lords vvent to doe homage to the Generall to expresse their good affections to him and their concurrence vvith him for the common good and their readinesse to vvave 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 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 vvrongfully or hath assisted the King against the Parliament in the first or second VVarre or hath been aiding or assisting in bringing 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 vvithin the Cities of London and VVestminster or the Counties of Kent Essex Middlesex or Surrey shall he 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 vvithin the City for the yeare ensuing or be capable to give his voice for chusing any Person to any the Offices aforesaid And that if any Persons comprehended under the aforesaid exceptions being chosen shall presume to sit in the Court of Aldermen Common-Councell or execute any of the aforesaid Offices he shall forfeit 200. And all such Elections to be null and void the Lord Mayor to take order that this Ordinance be read at all Elections and punctually observed and also to afford the liberty of the Pole it being required by any of the Electors present But this Ordinance not giving full satisfaction to the Zealots Skippon stood up Skippon moveth for an Addition to the said Ordinance and looking as demurely as if he meant to say Grace he told the House That the late Ordinance was not sufficient to keep Malignants out of Office in London for Mr. Speaker said he It is not enough to exclude Delinquents or the Abettors of the late Insurrections c. for there are a more dangerous sort of men amongst them They which promoted the Treaty and endeavoured to have the King brought to London except these be made incapable of Authority it will be a great discouragement to the Godly party of the City So an additionall Ordinance to this end vvas ordered to be brougth in you see to endeavour peace and setlement is accounted by these Saints militant a sufficient crime to forfeit a mans Brith-right 43. The Members subscribe Iohn Gourdons Protestation sect 29. I formerly told you of Iohn Gourdons motion That all Members might subscribe a Protestation against the Votes for a Treaty with the King in the Isle of VVight and especially against the Vote 5. Decemb. 1648. vvhich declareth That His Majesties Answers to the Propositions of both Houses were a ground for the two Houses to proceed to a setlement and untill such dissent or disapprovall to forbeare the House This vvas done in obedience to the demands of the Army in their Remonstrance presented 20. Sect. 23. Novemb. 1648. And although it be so clearly against the Orders and Priviledges of Parliament that divers Members formerly and some this Parliament have been suspended the House and committed to the Tovver for offering it because it tends to breed factions and divisions in the House and Tumults vvithout dores yet every request from an Armed man is a Command and must be obeyed The List of the Names of these nevv Protestants follovveth and it is hoped they vvill in time give better Reasons then the power of the Swoâ—d for it 20. December 1648. subscribed The Lord Lâ—ste Col. Boswell Io Gourdon Lord Gray Peregrine Pelham Col. Iones Col. Temple Col. Ven Sir Tho Malevourer Sir Thomas VVrotâ—e Sir Io Bourcher Col. Peter Temple Humphry E wards vvho vvaited on the King to the House vvhen he demanded the 5 Members and his Election is adjudged void by a Committee Mr Tho Challoner Sir Gregory Norton
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 Diurnall from 1. Ian. to the 8. of Ian. 1648. Numb 286. c. That the Lords and Commons assembled in Parliament doe declare and adjudge That by the fundamentall Lawes of the Realme it is Treason in the King of England for the time to come to levie War against the Parliament and Kingdome of England So together with this declaratory Vote the said Ordinance was carried up to the Lords by that Renegado Lord Gray of Grooby Ian 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 Traytour 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 leavie Warre first against the Houses we have no Law to make it Treason in Him so to doe And for us to declare Treson 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 daies Ian. 3. The Zealots of the Commons were very angry at the Lords and threatned to clap a Pad-lock on the Dore of their House but at last they sent up some of their Members to examine the Lords Book and see what they had 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 thereupon 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 wherein the Lords are joyned shall be empowred and enjoyned to sit and act and execute in the said severall 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 Iudges must either condemne Him or be condemned others thought it more prudence to touch their Priviledges and let alone their Persons Die Iovis 4. Ian. 1648. The Commons passed these 3. Votes A question in Divinity voted in Parliament never agreed to by Divines This we find de facto in the subversion of our Religion Lawes Liberties and Properties though not de jure You see that since both Houses ravish'd the Supremacy from the King and a petty Faction from the Houses our Lawes are first shrunke into arbitrary Ordinances of both Houses and now into Orders of a remaining Faction of one House 1. That the People that is their owne 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 thereby 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 passe through any forme of Government to carry on their Designe The Diurnall tells you there was not a Negative Voice this shevves under vvhat a terror they sit vvhen 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 speake true and yet the King no Prisoner of VVar vvas passed onely in the name and by the Authority of the Commons Notvvithstanding the Order of the House That the Clerke should not deliver a Copy of the said Ordinance to any man I here present the Reader vvith a Copie thereof 59. The Act for Triall of the King An Act of Parliament of the House of Commons for Tryall of Charles Stuart King of England WHereas 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 Freedome hath had a wicked Designe to subvert the antient and fundamentall Lawes and Liberties of this Nation and in their place to introduce an Arbytrary and Tyrannicall Government and that besides all evill waies to bring His Design to passe He hath prosecuted it with fire and sword Quaere VVhether the Faction doe not translate these Crimes from themselves to the King with many others leavied and maintained a Civill VVarre in the Land against the Parliament and Kingdome whereby this Country hath been miserably wasted the publique Treasure exhausted Trade decayed thousands of People murdered and infinite of other mischiefs committed sor all which high offences the said Charles Stuart might long since have been brought to exemplary and condigne punishment VVhereas also
and the Lords concurrence rejected The 16. Ian. 1648. was passed an Act of the Commons for adjournment of Hillary Terme for forty daies This was in order to the Kings Triall but the Commissioners of the Great Seale declared That they could not agree to seale Writs of Adjournment without the Lords concurrence the assent of one Lord being requisie their tame Lordships sent downe to the Commons to offer their readinesse to joyne 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 herein which passed in the Negative so the Lords were not owned Afterwards they ordered that the Commoners Commissioners for the Great Seale should issue forth Writs without the Lords 78. The Agreement of the People presented to the House of Commons by the Officers of the Army Diurnall from Ian. 15. to 22. 1648. nu 286. 20. Ianuary 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 returne 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 79. 6. Que es concerning the Kings Triall by the nevv High Court of Iustice concerning the Kings Triall by the High Court of Iustice 1. Whether a King of three distinct Kingdoms can be condemned 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 Kingdome He ought not to be tried onely in full Parliament in the most solemne and publique 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 Counsell in all matters of Law that may arise in or about his Triall or in demurring to the jurisdiction of this illegall new Court as Strafford and Canterbury had 4. Whether one eight part only of the Members of the Commōs House meeting in the House under the Armies force when all the rest of the Members are forcibly restained secluded or scared away by the Armies violence and representing not above one eight part of the Counties Cities Boroughs of the Kingdome without the consent against the Vote of the majority of the Members excluded and chased away and of the House of Peeres by any pretext of Authority Law or Justice can erect a New great Court of Justice to Trie the King in whom all the rest of the Members Peeres and Kingdome 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 trie and codemn the King in the Com House though they now style it The Supreme Authority of the Kingdom whether all who shall sit as Judges or act as Officers in it towards the Deposing or taking away the Kings life be not realy guilty of High Treason and all those who were aiding or assenting to the erection thereof in such an irregular manner by the Lawes and Statutes of this Realme 5. Whether those who are professed Enemies to the King by their Remonstrances Speeches actions professe they desire his bloud seek his life can either in Law or Conscience be reputed competent Judges to trie him for his life It being a just exception to any Jury-man who is to trie the basest or poorest Felon and a legall challence for which he must be withdrawne 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 illegall and arbitrary High Court of Iustice as this will not prove a most dangerous inlet to the absolutest tyranny and bloudiest butchery ever yet heard of or practised in this or any other Nation 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 Noblemā Peere Member Gentleman or inferiour Subject for any imaginary treason or offence and confiscate their Estates The Ansvver of the Generall Councell of Officers touching the secluded Members Ian. 3. 1648. there being no assurance they will stop at the Kings And if those who are confessed to be the majority of the Com House therefore excluded or the Prince of Wales next Heir to the Crown or the Malignant party or any other 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 meanes Gods providence should administer who hath thousands of wayes to pull downe the proudest Tyrants dissipate the strongest Armies in a moment as he did Senacharibs 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 Generall Councell 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 unnaturall 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 owne breast sadly consider what the bloudy tragicall issue of this new Phaleris Bull may prove to him or his
and whether every Free-borne English-man especially of Noblest birth 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 illegall Authority in the very rise and foundation ere it be over-late not patiently suffer a rash inconsiderate number of Hotspurs of meane condition and broken desperate fortunes for the most part out of private malice feare or designes 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 suite with our English soile already overmuch watred with English bloud and so deeply ingaged against all arbitrary and tyrannnicall usurpations proceedings especially capitall in any hands whatsoever which have cost us so much bloud and treasure to oppose and fight against for seven yeares last past Saturday Ian. 20. 1648. The new thing called The High Court of Iustice sate Bradshaw being President 80. The first dayes Trial of his Majesty who had the Mace Sword carried before him 20. Gentlemen forsooth with Partisans 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 Halberdeers the Mace of the Court conducting Him to his Chaire within the Barre 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 and of the innocent bloud shed which are referred to you as the Author of it according to that duty which they owne to God the Nation and themselves Prove this povver trust The vvhole Kingdome in effect deny it So doe all our Lavv-Books the practice of all Ages and according to that power and fundamentall trust reposed in them by the People have constituded this High Court of Iustice before which you are now brought and you are to heare your Charge upon which the Court will proceed Solicitor Cooke My Lord in behalfe of the Commons of England and of all the People-thereof I doe 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 Ianuary 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 according to the Lawes 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 neverthelesse out of a wicked Design to erect and uphold in himself an unlimited and tyrannicall 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 redresse remedy of mis-government which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf in the right power of frequent and successive Parliaments or Nationall meetings in Councell He the said Charles Stuart for accomplishment of such his Designes for the protecting of himselfe and his Adherents in his and their wicked Practises to the same Ends hath trayterously and malitiously levied Warre against the present Parliament the People therein Represented Particularly upon or about the thirtieth day of Iune in the yeare of our Lord one thousand six hundred forty and two at Beverly in the County of Yorke upon or about the thirtieth day of Iuly in the yeare aforesaid in the County of the City of Yorke upon or about the twenty fourth day of August in the same yeare at the County of the Towne of Nottingham when where he set up his Standard of Warre also on or about the twenty third day of October in the same yeare at Edgehill and Keinton-field in the County of Warwicke and upon or about the thirtieth day of November in the same yeare at Brainceâ—ord in the County of Middlesex upon or about the thirtieth day of August in the yeare of our Lord one thousand six hundred fourty three at Cavesham-bridge nâ—er Reading in the County of Berks upon or about the thirtieth day of October in the yeare last mentioned at or neer the City of Gloucester And upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of Iuly in the year of our Lord one thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid And upon or about the eight day of Iune in the year of our Lord one thousand six hundred forty and five at the Towne of Leicester And also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton At which severall times and places or most of them and at many other places in this Land at severall other times within the years aforementioned And in the yeare of our Lord one thousand six hundred forty and six He the said Gharles Stuart hath caused and procured many thousands of the free-people of the Nation to be slaine and by Divisions Parties and Insurrections within this Land by invasions from forraigne parts endeavoured procured by Him and by many other evill waies and meanes He the said Charles Stuart hath not only maintained and carried on the said Warre both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said Warre against the Parliament and good people of this Nation in this present yeare one thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said Charles Stuart hath for that purpose given Commissions to his Sonne the Prince and others whereby besides multitudes of other Persons many such as were
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 Iurisdiction 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 be heard against the highest Iurisdiction King Shew Me that Iurisdiction 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 Iudicature 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 tooke defended My selfe with Armes I never tooke up Armes against the People but for the Lawes 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 Triall of His Majesty Tuesday Ianuarij 23. The Court sate againe seventy three Commissioners present The King brought into the Court sits downe Solicit Cooke 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 Barre 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 doe 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 Standard for Warre against his Parliament and People and I did humbly pray in behalfe 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 Iurisdiction of the Court which the Court did then overrule and command Him to give a direct and positive Answer My Lord besides this great delay of Iustice I shall now humbly move your Lordship for speedy Iudgement against Him I might presse your Lordship upon the whole That according to the knowne rules 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 Barre hath done But besides my Lord I shall humbly presse your Lordship upon the whole fact You see the remnant of the Ho of Comm had fore judged the K ng before they erected this nevv Court to sentēce Him and claime a Jurisdiction as vvell as a Supreme Authority That the House of Commons the Supreme Authority and Iurisdiction 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 noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the Peoples behalfe severall Witnesses to produce and therefore I doe humbly pray and yet I doe confesse it is not so much I as the Innocent bloud that hath been shed the cry whereof is very great for Iustice and Iudgement and therefore I doe humbly pray that speedy Iudgment be pronounced against the Prisoner at the Barre Bradshaw Sir You have heard what is moved by the Councell on behalfe of the Kingdome against you you were told over and over againe That it vvas not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England frō vvhich there is no appeal touching vvhich there must be no dispute yet you did persist in such cariage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the high Court that constituted this high Court of Iustice 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 vvithall that they might in Justice and according to the rules of Justice take advantage of these delayes proceed to pronounce Judgement against you yet neverthelesse they are pleased to give direction and on their behalfe I doe require you That You make a positive Ansvver unto this Charge that is against you in plaine Tearmes for Iustice 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 speake for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Brad. 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 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 discourses till such time as You have given a positive Answer cōcerning 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
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 doe We doe 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 Brethren 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 Perliament to Lord it over Us at their pleasure and enthrall and enslave Us to their armed violence and lawlesse martiall wills which we can no longer tolerate nor undergoe after so long fruitlesse and abused patience in hope of their repentance 109. A Paper entituled Foure true Positions c. About the same time came out another Paper entituled ⧠Foure true and considerable Positions for the sitting Menbers the new Cours of Iustice and new Iudges Sheriffs Officers Lawyers Iustices 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-man of this Realme without the Lords or Kings concurrent assents much lesse then can a small remnant onely of the Members of that House doe it sitting under an armed force which nulls and vacates all their Votes and procedings as the Ordinance of 20. August 1647. declares whilst most of their Fellow-Members are forcibly detained and driven thence as Mr. St. Iohn 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 Iustice of it selfe and having no power to heare 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 whatsoever erect any new Court of Iustice nor give power or authority to any new Iudges Iustices or Commissioners to arraigne trie condemn or execute any Subject of meanest quality for any reall or pretended crime whatsoever much lesse their owne Soveraigne Lord the King or any Peers of this Realme who ought to be tried 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 the Commissioners Iudges or Iustices giving and executing Sentence of Death in any such arbitrary and lawlesse void Court or by vertue of any such void 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 Iudges 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 illegall and all the new Writs and proceedings in Law or Equity before any Iudges Iustices 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 Stature 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 Iudges and Lawyers not taken away by any Statute Both which Mr St. Iohn in his Argument at Law concerning the Bil of attainder of high Treason of Tho E. of Strafford published by order of the Com House An. 1641. p. 8. 14. to 33. 64. to 78. And in his Speech at 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. 3. Instit c. 1. That the Commons now sitting in making a new Great Seale without the Kings Jmage or Style in granting new illegall Commissions to Iudges 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 bloody 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 Iudges Iustices 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 Iudges Treasons in which there are no Accessories and lesse excusable than Strafford or Canterbury whom some of these new Iudges 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 Kingdom of all Christendom into the puniest and most contemptible State in all the World and thereby to render us the
Oneale and his bloudy 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 § 184. the Marginall Notes there This impious Liberty of Conscience to destroy the Protestant Religion is all the liberty we are like to enjoy under the kingdome of these bloudy cheating Saints in all things else we are meer and absolute Slaves 10. That an Act for a Generall 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 Warre in this Nation against the present Authority thereof This is a project 1. To pardon themselves and their Party for their transcendent villinies and to stop the mouthes of the Countrey from complaining of them after their Adjournment and this shall be effectually done 2. To befoole silly weak spirited People with general words of a Pardon which shall be made ineffectuall 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 Councell of State and therefore all Pardons to such Attemptors are before-hand declared against This with them as a sinne against the Holy Ghost unpardonable to deny their Supreme arbitrary Authority 11. That the Act for reliefe of poore Prisoners for Debt may be passed Though I can with as much Charity as any Man wish a reliefe to them yet I like not that Charity should be made a cloak to ambitious Knavery and all the Creditors of the Kingdome 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 Ech-Gods of the new State and be bountifull 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 downe the old one and not have left men in an uncertainty how to dispose of their Estates and a Iustititum a vacancy of Iustice upon the Kingdom you see what Mountebanks our new State-Iuglers are The good Boyes began to learne these Lessons upon Monday 25. Iune 190. Things undertaken by the Councell of State during the Recesse The Councell of State likewise reported to their said Free-Shoole of Commons severall things which they in order to their future greatnesse would put into a way during the Recesse against the Houses next meeting when two Sundaies 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 Councell of State consider of setling future Parliaments and the constant time of their calling sitting and ending after this Parliament shall thinke fit to dissolve themselves If they are not dissolved already which is the constant opinion of many great learned Lawyers wel-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 Councell of State and usurping Regall power shall take upon them to abolish our antient forme of Parliaments contrary to the fundamentall Lawes of the Land their own Declarations Protestations and Covenants and to pack and shuffle new Parliaments to dispose of our Religion Lawes Liberties Lives and Estates against the consent of the farre major part of the people 3. That they shall consider of an Act for regulating Proceedings in Law and prevent tediousnesse of Suites There are too many Lawyers in the Councell of State to doe any thing effectuall that way but it may be they will consider how to make the Lawes of the Land more sutable to an Olygarchicall tyranny and lesse agreeing with Monarchy 4. That they will consider what Lawes are fit to be repealed That is all Lawes enjoyning uniformity in Gods Worship all Monarchicall Lawes and all Lawes allowing more civill Liberty and Priviledges to the People and to severall Degrees of men than squares with the Designes of our new upstart State So many men have been cheated with Publique Faith 191. Deane and Chapters Lands purchased by the Godly Irish Adventures and Bishops Lands that the Market is spoyled for sale of Deane and Chapters Lands wherefore the Saints being the onely monied men left in the Kingdome have now agreed to buy them themselves considering that since they hold their Heads and all that they have in Capite of their Lords Paramount the Councell of Officers they may as well buy dog-cheap and hold Bishops Lands by the same Tenure For which purpose they have their Broakers abroad to buy in Souldiers and Officers Debentures for Arreares at 5 s. and 6 s. in the pound though they are allowed the whole summs of the Debentures in the Purchase which doubling in ready money they purchase upon such easie particulars as brings it downe from ten yeares purchase to two or three years purchase They are not seen in the businesse themselves but buy them in other mens names and to the secret use of their Wives and Children The Lord Munson Humphry Edwards and Sir Greg Norton who hath sold his owne Land to purchase now upon this Title and many other Saints have lately trod this obscure path 192. Souldiers insolencies remedilesse Great complaints are made by the Countrey of the Souldiers insolency amongst many other things in putting their Horses into mowing Grasse The Generall hath ordered the next Officer in chief to cause double damages to be given by the Soldier and if the said Officer neglect he is to answer it at a Councell of Warre at the Head Quarters This remedy is worse than the disease and as meer a gullery as the Act for taking off Free-quarter The chief Officer will laugh at the Complainant the Head Quarters are farre off and the Councell of Warre will tyre him with delaies and expose him to more injuries of the angry Souldiers The Officers will not nor dare not keep a strict discipline 193. The Earle of Denbigh and Henry Martin referred to Committees The Earl of Denbigh referred to the Committee of the Revenue to consider the Arreares of his Ambassie in Italy and of his 1000 Marks per ann pension bestowed upon him by the late King If his deserts had been better his Reward had been worse and worse paid Also Henry Martius